New Mason-Dixon Poll on Senate Race

After being piled on by the national media for weeks now, George Allen is maintaining his lead over Jim Webb in the latest Mason-Dixon poll just being released now. Allen leads Webb 46-42. As soon as I have more info on the internals, including favorable / unfavorable ratings, I’ll get that up.

Good news given that Allen has yet to begin to fight!

Categories: 2006 Elections_, Virginia Politics_

Actually, I DO know better…

In response to Josh at Raising Kaine who said,

Nonetheless, Riley considers himself such an expert that he knows better than the FEC or the VA SBE what constitutes election fraud.

Uh, actually, I DO know better. I was an attorney on the following case representing Steve Forbes. It was the first in their history that the FEC ever had to drop AFTER they took it to court. (Take note that there are similarities and differences with the particular matter that I previously commented on.)

FEC v. FORBES
On February 19, 1999, the U.S. District Court for the Southern District of New York dismissed this lawsuit after both parties asked for the action. The court order was preceded by the Commission’s 4-2 vote to withdraw the lawsuit against 1996 Presidential candidate Malcolm S. “Steve” Forbes, Jr.

The FEC had asked the court in September 1998 to find that bi-weekly columns authored by the candidate in Forbes Magazine resulted in violations of the Federal Election Campaign Act by Mr. Forbes, the magazine, his 1996 committee and the corporation he controls.

Background
In November 1995, while running for the Republican nomination, Mr. Forbes took a leave of absence from Forbes, Inc., but continued to write the weekly column “Fact and Comment” for the company’s flagship publication, Forbes Magazine. In addition, Mr. Forbes continued to be listed as editor-in-chief on the magazine’s masthead, and he controlled the length, content and format of the articles. Excerpts of these columns also appeared in another Forbes publication, The Hills-Bedminster Press. The columns discussed some of the same themes Mr. Forbes pressed during his presidential campaign, including the flat tax, term limits, abortion and foreign intervention in Bosnia , and have been valued at $94,900.

The Commission contended that Mr. Forbes’s columns were not bona fide news accounts and were not part of a general pattern of campaign-related news accounts that gave reasonably equal coverage to all opposing candidates. Furthermore, the Commission argued that Forbes, Inc., published the columns in consultation with Mr. Forbes while he was a candidate, thereby turning the corporation’s expenditure for the columns-$94,900-into a contribution to the Forbes campaign.

In addition, the Forbes committee failed to report the value of the columns in any of its reports filed with the Commission. 2 U.S.C. §434(b)(2)(A).

The FEC asked the court to find that Forbes, Inc., made prohibited in-kind corporate contributions to the Forbes committee and that Mr. Forbes, in his capacity as CEO, violated the Act by consenting to the contributions. The FEC also asked the court to find that Mr. Forbes, the Forbes committee and the committee treasurer violated that Act when they knowingly accepted the prohibited in-kind contributions. The FEC asked the court to enjoin the defendants from violating the Act further and to assess a civil penalty against them.

Source: FEC Record — November 1998 [PDF]; and April 1999 [PDF].

Categories: Blogging_

Webb Campaign Round-Up

If there was ever any doubt Jim Webb didn’t know what his own campaign was up to, I think this settles it.

Meanwhile, get this. Webb is going to start running his first TV ads next week and guess what? It will feature words of praise for him from Ronald Reagan! Exactly who is the target audience of this ad? Firm Reaganites are Allen’s core supporters, so he has little hope of peeling them away. In fact, won’t this reinforce the message to hardcore Dems that Webb was until recently a Republican and still looks upon Reagan fondly, thus lowering their overall enthusiasm for him? Perhaps Webb is already looking ahead to 2008 when he can run for the seat that U.S. Sen. John Warner might be vacating, but is already repositioning himself for the GOP primary….

I wonder if this opens the door for an Allen ad featuring words of praise for him from Webb?

UPDATE: Just as I expected. Ben Tribbett calls this “One of the Worst Ads I have ever seen.” I call it a great ad for Webb’s 2008 Republican senate primary campaign. I’d call this a fluff ad, but that would be giving it too much weight.

Categories: 2006 Elections_, Virginia Politics_

WashPo looking into coordination issue

Well, we have it here from the horse’s mouth that someone at the Washington Post is looking into possible campaign finance violations by Raising Kaine PAC with regard to the Webb campaign.

This is the third person that I have heard this from who has been contacted by the WashPo and, unfortunately, I have to admit that from what I have heard they were looking into this before I even raised it. I guess there goes that whole theory that my opinion didn’t have any merit if the WashPo thought it was worthy to investigate on their own to begin with. Oh, well….

Categories: 2006 Elections_, Virginia Politics_, Blogging_, Media_

Still waiting…..

The longer it goes without Jim Webb either condemning or condoning his paid blogosphere mouthpiece Lowell Feld for calling George Allen an “outright racist,” the more likely it is that one of two things is going on here:

1. Jim Webb has no idea what his own campaign staff are doing in his name on his behalf; or

2. Jim Webb is complicit in this smear campaign and is using Feld’s other endeavor, Raising Kaine / Raising Kaine PAC to do his dirty work for him without having to get his “official campaign” all muddy.

As for apologizing to Raising Kaine PAC for stating that in my opinion they are in violation of federal campaign finance laws, I will wait to see all the evidence that there is no coordination between the campaign and RK / RK PAC. If I am incorrect, I will gladly apologize. If my opinion is correct, though, I wouldn’t expect to see anything of the sort come out from them.

UPDATE: Some of RK’s nutroots readers have suggested that they take legal action against me for offering my legal opinion on what I consider to be a violation of federal election law based upon my understanding of the facts and applicable law. Well, first of all, for them to be successful, they would have to prove there isn’t any coordination and proving a negative is especially difficult (even when one person isn’t occupying dual roles.) Second, it would be a wide-open invitation for me in the discovery process to go through all their internal campaign memos and e-mails as well as drag Webb, Jarding et al. into depositions where all sorts of questions could be asked. Those are two playgrounds they don’t want me anywhere near, especially pre-election.

Categories: 2006 Elections_, Virginia Politics_, Nutroots_

Katie Couric is so dumb….

How dumb is she?

KatieThe ScarecrowCouric actually asked this question of President Bush last night.

“You have said we can’t cut and run on more than one occasion. We have to stay until we win. Otherwise, we’ll be fighting the terrorists here at home, on our own streets. So what do you mean exactly by that, Mr. President?”

It means that terrorists will be on American streets killing American citizens using any method available to them. What part of that don’t you understand? Hello? We’re getting ready to commemorate the fifth anniversary of such a tragedy next week…..

Categories: World War III_, Media_, Morons_

9/11 Miniseries Drives Nutroots Crazy

Seems that Dems aren’t too happy about the upcoming ABC miniseries “The Path To 9/11″ and how it portrays the Clinton Administration.

But former GOP Governor Thomas Kean of New Jersey, the chairman of the Sept. 11 commission and a consultant to the production, defended the film, saying it showed “a colossal failure of government.”

So, what are they to do? The same that they always do, what else? Engage in the politics of personal destruction that they claim to despise.

Tom Kean Sr is a legendary figure in New Jersey politics. He’s not a particularly good man, having been elected through race-baiting and voter-suppression. He wasn’t a particularly good Governor, since he left a huge debt for New Jersey to clean up.

Sit back and enjoy the nutroots show as they drag down the Democrat Party, snatching defeat from the jaws of victory. (Look no further than the fact that Nancy Pelosi is now considered in the center of the Democrat Party ideologically.)

Categories: Nutroots_, World War III_, Entertainment_

Daily Kossack Slams Virtucon

Ever wonder about the level of discourse on the neo-communist blog sites like DailyKos? Well, wonder no more….

VA-Sen: Dick Wad(ham), Sen. Felix Macaca’s campaign manager, is now orchestrating an effort to go after the blog Raising Kaine.

First of all, I had no contact with anyone on the Allen campaign regarding my post on Raising Kaine’s state registered PAC’s admitted involvement in a federal race. They provide the prima facie evidence themselves that they violated federal election law. It isn’t that hard to connect the dots with what they themselves have put out and then apply the law. Now, I know that most Kossacks are too stupid to read federal law and understand it themselves, so I’m not surprised that they’d be slamming us here. After all, most of them are so used to taking marching orders from others that they couldn’t fathom anyone, a conservative no less, acting and thinking independently.

How they can make the leap to saying that Allen campaign manager Dick Wadhams is “orchestrating an effort” is beyond me. Then again, we don’t call these conspiracy theorists “nutroots” for nothing….

Categories: Nutroots_

George Allen – Coming Through For Our Injured Soldiers and Vets

Yesterday, George Allen introduced S.AMDT.4883 to H.R.5631 to make available from the Defense Health Program $19,000,000 for the Defense and Veterans Brain Injury Center. This measure has wide, bipartisan support (notice how many liberal Dems have even signed on to this), garnering the following as cosponsors:

Sen Bingaman, Jeff [NM]
Sen Byrd, Robert C. [WV]
Sen Clinton, Hillary Rodham [NY]
Sen DeWine, Mike [OH]
Sen Durbin, Richard [IL]
Sen Kennedy, Edward M. [MA]
Sen Kerry, John F. [MA]
Sen Lautenberg, Frank R. [NJ]
Sen Menendez, Robert [NJ]
Sen Mikulski, Barbara A. [MD]
Sen Obama, Barack [IL]
Sen Salazar, Ken [CO]
Sen Stevens, Ted [AK]
Sen Talent, Jim [MO]

It isn’t very often that I’ll say something nice about many of the Dems listed above, but I do applaud them for putting petty partisan politics aside to cosponsor this important amendment offered by Sen. Allen at a time when they all would like nothing better than to see him defeated at the polls.

Oh, and if you think he wasn’t the one to introduce this legislation, just look it up on THOMAS.

UPDATE: It seems that since the nutroots can’t do this for themselves, we’ll have to make it clear here. READ DURBIN’S OWN COMMENTS WHERE HE CALLS IT SEN. ALLEN’S AMENDMENT IN THE CONGRESSIONAL RECORD:

MR. DURBIN: I’M GOING TO ASK FOR UNANIMOUS CONSENT, BUT I’M ALSO GOING TO MAKE IT CLEAR THAT IF THERE’S ANY MODIFICATION AT A LATER POINT THAT SENATOR ALLEN SUGGESTS, I’D BE GLAD TO WORK WITH HIM ON THIS. I THINK THIS IS OUR UNDERSTANDING BASED ON THE COLLOQUY WE HAD ON THE FLOOR. AND THAT IS THAT THE AMENDMENT 4883, SENATOR ALLEN’S AMENDMENT, BE SHOWN AS THE ALLEN-DURBIN AMENDMENT, AND THAT MY COSPONSORS ON MY AMENDMENT BE ADDED AS COSPONSORS ON THIS AMENDMENT. AT THIS POINT MY AMENDMENT, 4884, SENATOR ALLEN’S AMENDMENT 4883 ARE IDENTICAL.

{15:39:52 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: IS THERE OBJECTION? WITHOUT OBJECTION.

{15:39:57 NSP} (MR. DURBIN) { NOT AN OFFICIAL TRANSCRIPT }
MR. DURBIN: IF SENATOR ALLEN WANTS TO CHANGE THIS IN ANY WAY, I’LL BE HAPPY TO DO THAT. AND I SUGGEST THE ABSENCE OF A QUORUM.

Categories: National Politics_, World War III_

Raising Kaine PAC in violation of Federal Election law

It is very clear according to the Federal Election Campaign Act what types of funds may be used in federal races. If a PAC is to make a contribution to or make an expenditure on behalf of a federal candidate, it must be a federally registered PAC and may only accept contributions from individuals or other federally registered PACs. Furthermore, a federally registered PAC may not accept more than $5,000 per year from an individual or other federally registered PAC.

So, here we have Raising Kaine PAC supporting federal candidate Jim Webb. As if you even need proof, look no further than their own disclaimer:

Disclaimer
RaisingKaine.com is not authorized by any candidate.
Paid for and Authorized by Raising Kaine PAC.

Advertise!
Contact
Finance
Legal
How to Use this Site
Jim Webb Q’s and A’s

© 2006 Raising Kaine PAC. All rights reserved.

Now, here Raising Kaine PAC states that it is registered in Virginia. Oops! Under Virginia law, unlike federal law, corporate contributions are permissible as are unlimited contributions. As I’ve already pointed out, you can’t use money from a state PAC in a federal race. We’re talking major violation here. Lengthy administrative investigation, big fines, lots of legal fees — in other words, a really big headache that lasts for a couple years.

Now, we’re not claiming that what Raising Kaine PAC is doing constitutes a public communication since internet communications are exempt from those provisions. But they are engaging in other activities on behalf of the Webb campaign that do not fall under that sole exemption. Furthermore, it would not appear that what Raising Kaine PAC is doing could even constitute an independent expenditure under federal law given the following:

(c) No expenditure shall be considered independent if the person making the expenditure allows a candidate, a candidate’s authorized committee, or their agents, or a political party committee or its agents to become materially involved in decisions regarding the communication as described in 11 CFR 109.21(d)(2), or shares financial responsibility for the costs of production or dissemination with any such person.

Given Lowell Feld’s dual role as both a paid staffer of the Webb campaign and a leader of Raising Kaine PAC, it is impossible for an agent of the Webb campaign NOT to be materially involved in such decisions. This opens up a potential can of worms for the Webb campaign as well. Oops again!

The gang at Raising Kaine PAC better start looking around for a good Democrat federal election law attorney. Something tells me that they’ll be needing one….

Categories: 2006 Elections_, Virginia Politics_, Blogging_

Doing Allen a favor….

The Webb campaign, The Nation magazine, The WashPo et al. are doing George Allen a huge favor in 2006 by throwing everything including the kitchen sink at him during his re-election campaign. Are they trying to defeat him in 2006? Well, sort of. But I’d bet money that this is really more about 2008 and trying to derail his future presidential campaign (although I’m sure Jim Webb and his cast of nutroots supporters would prefer to win this year instead.)

What they are in fact doing is making George Allen stronger for 2008. How? First, they are expending all of their ammo on him this year. Come 2008, all of this stuff will be old news and Allen’s campaign will have had plenty of time to deal with it, either by discrediting the charges or by putting things in the proper context. They will be ready if and when any of these charges resurface in 2008. Second, this is a great dry-run for Allen’s campaign staff. Had he had an easy re-election and cruised to victory without so much as a bump on the road, they would not have been prepared for the onslaught to come. This campaign is exactly the kind of seasoning that they will need to run a national race. Third, it has forced potential rivals John McCain and Rudy Giuliani to come in, campaign for Allen and say some very, very nice things about him. Should they then turn their guns on Allen in ’08 during the primaries, he can trot out the footage from less than two years earlier when they were praising him and saying how great his leadership is, etc.

So, to all of you who are making George Allen work hard to get re-elected, I say, “Thank you!” This Bud’s for you!!! (Anheuser-Busch Brewing Co., Williamsburg, Va.)

Categories: 2008 Elections_, National Politics_