Category Archives: Law

ACORN goes to prison…to register MN voters

No, ACORN has not been sent to prison; I guess that comes later. In fact, they’ve gone willingly, and they’ve brought their clipboards with them.

An investigative report in Minnesota has found that ACORN workers went to prisons in an effort to add the wards of the state therein to the voting rolls. (Link via Hot Air; click through for interesting video.) Needless to say, Minnesota law forbids voting by convicted felons, let alone by those still serving out their sentences.

How convinced do you have to be of your own safety from the reach of the law in order to send your voter-registration apparatus into a place where you are virtually guaranteed to find nothing but throngs of the ineligible?

(I’m waiting for an ACORN spokesman to explain that they weren’t actually targeting the felons in Minnesota’s prison system. I’m laying odds that ACORN comes out and accuses America’s right wing of actively seeking to disenfranchise Minnesota’s prison catering community. Let the Ladle Guys Vote!)

Kiss Alaska goodbye. Thank Ted Stevens.

Newly convicted Sen. Ted Stevens is digging in his heels, and this blogger sees no sign of any intent to resign, before or after the election. The man honestly thinks he won’t spend day one in jail; I don’t think he’s capable of envisioning a Senate without him.

National Republicans are abandoning him, the state party is clinging to him, his fellow senators (of both parties) are talking openly about expelling him, and local political experts are still saying he might eke out one final re-election victory.

News developments, analysis, and more wonkery below the break.

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Welcome to the bighouse, Ted. Now what?

The Congressional Indicted Caucus officially has one fewer member. Senator Ted Stevens has been convicted on all counts. To quote a certain played-out, over-the-hill cartoonist: “Guilty, guilty, guilty!” (More here, here, here, and here.) For his part, Stevens has announced he will appeal, maintaining his innocence and lacerating the prosecutors for what I admit was some pretty messed-up lawyering.

I can’t say I’ll be sorry to see Sen. Stevens go, which will come as no surprise to WitSnapper readers (who may have read my thoughts on the man here, here, here, here, and elsewhere). His Senate seat will likely go to his Democratic opponent, Anchorage mayor Mark Begich, now effectively running unopposed. Republicans now are scrambling to assess their very limited options.

Bunches of scenario-weaving below the break.

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ACORN: 1.3 million? Well, more like 450K…

The New York Times is reporting that ACORN’s previous claims of having registered 1.3 million new voters were “vastly overstated;” turns out such figures are roughly three times too high. (H/T Captain Ed.)

In a concession coming from no less than Michael Slater, the executive director of Vote Smart (the arm of ACORN responsible for registration drives), the actual number of legitimate new registrants is closer to 450,000:

The remainder are registered voters who were changing their address and roughly 400,000 that were rejected by election officials for a variety of reasons, including duplicate registrations, incomplete forms and fraudulent submissions from low-paid field workers trying to please their supervisors, Mr. Slater acknowledged.

450,000 new registrants, as opposed to 1.3 million previously claimed, with 400,000 rejected. So as much as one-third of ACORN’s entire registration haul for the year (and nearly one-half of their new registrants) were suspect. And that’s according to a statement by the head of Vote Smart himself, who has a vested interest in maximizing ACORN’s registration numbers for the media; heaven only knows what the actual share of questionable registration forms might be.

Another element of the story worthy of note is that the suspect forms were rejected by election officials; that means 400,000 fraudulent registrations that ACORN missed, and gave their stamp of approval. (I’m going on the admittedly starry-eyed assumption that ACORN checks these forms even half as earnestly as they say they do before dumping them on election boards.) This puts in a whole new light the 200,000 questionable forms Ohio Secretary of State Jennifer Brunner refuses to allow county election boards to check against state databases.

One of ACORN’s most oft-repeated defenses (if you can call it one) is one of semantics. Whenever accused of “voter fraud,” ACORN representatives bristle and say that these are, if anything, cases of “voter registration fraud.” I’ll grant that the law does make that distinction, and punishes outright voter fraud more severely. That having been said, such a defense is akin to a burglar saying he didn’t break into a man’s house and beat him into a coma; he simply broke in and made off with his new flat-screen TV, and how dare you even think he’d be capable of such a savage crime? The truth is that there is no appreciable voter fraud without voter registration fraud of the kind ACORN enables, and even encourages (implicitly or explicitly). And I’m not even going to mention that ACORN, as a tax-exempt organization, is forbidden from engaging in partisan activity, which includes their use of funds transferred from Vote Smart.

I’m still waiting for the RICO indictments.

Are Murtha’s days numbered? Polls say maybe.

Rep. John Murtha, whose claims to fame include Abscam conspiracy, slandering Marines, smearing half his own state as racist, and serving up enough pork in Congress to supply Oktoberfest, may be watching his custom-gerrymandered seat slip away.

One poll recently released has Murtha’s Republican opponent, Bill Russell, pulling within the margin of error in the upcoming election, while another poll leaked to Miz Michelle by her Pennsylvania source shows Russell with a comfortable lead.

No need to remind me that I just tossed up the world’s longest freakin’ post on how I think the polls this year are about as useful for toilet paper as they are for predicting elections. However, given that Murtha is a guy who has held this seat since 1974, who typically considers a 2-to-1 victory margin on Election Night a squeaker, who lives in a district with a 63% Democratic registration roll, and who is running in a “we all hate Republicans worse than liver worse than root canals” year, it is absolutely unheard of that Russell, a Republican Iraq hawk who won a spot on the ballot with a write-in campaign, could be giving Murtha the race of his life.

I don’t think it’s petty of me to note how anxiously I am looking forward to seeing Murtha assuming long overdue civilian status, bringing with him little but his shredded dignity, his Abscam souvenirs, his various coffee mugs from his favorite defense contractors, and his pending slander suits.

UPDATE: Commenter MommaMT (see below) is kind enough to alert me that the “worse than liver” expression is not quite apt in significant parts of Pennsylvania. I hope my substitution is satisfactory.

The Fairness Doctrine, resurrected from the Pit

Senator Jeff Bingaman (D-NM) has finally made public intentions toward a plan whose existence many Democrats have been trying to deny for years: bringing back that speech-suppressing abomination, the Fairness Doctrine. (Links here and here, and with audio here and here).

More on the Doctrine’s history, why it’s a dangerous assault on the Constitution, and why Democrats like Bingaman love it so much and want it back so badly, below the break.

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Could the polls be wrong? It’s happened, but…

A bunch of people, both live and over email, have asked me why I don’t blog more on poll results, especially given that I worked in the business for a number of years.

Admittedly, I’m blogging a lot less on poll-related topics than I did, say, a month or more ago, which is a bit counterintuitive in light of the avalanche of poll results that comes in the last couple of months before an approaching presidential Election Day.  Since mid-September, pollblogging on WitSnapper has been especially rare, and even then I’ve typically done so only to comment on the misuse or shoddy execution of polls.

There’s a pretty simple reason: taken as a whole, the polls for this race have been entirely unreliable, and my estimation is that it’s because of pollster panic.

In addition, if McCain were to overtake Obama in the last couple of weeks in defiance of the polls, it wouldn’t be the first (or even second) time in modern election history.

Details and further links below the break.

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Transparency: Sure beats McCain-Feingold!

The McCain-Feingold “Bipartisan Campaign Reform Act” is one of the things for which I will never forgive John McCain.  Nor, for that matter, will I forgive President Bush for signing it into law, as anyone will know who watched/heard me growling obscenities at the TV while the President commented, during the freakin’ signing ceremony, on how he was pretty sure it was unconstitutional, but was going to sign it anyway because he was sure the Supreme Court would get his back (anyone remember how that turned out?).

I believed then, and still believe now, that total transparency would be far more effective in weeding out corrupt influences arising from questionable campaign contributions, combined with far more effective screening techniques for weeding out fake IDs used for multiple submissions and other contribution fraud.

Which brings me to my point.  I saw something from Captain Ed today, the looks of which I liked a whole lot.  The RNC is planning to use the filthy lucre in Barack Obama’s campaign vault as a hit point in an ad campaign calling on him to be far more transparent about his own campaign donors.

Obama first distinguished himself as a target of suspicion on this front when he went back on his word to subject himself to public campaign financing, allowing him to collect unlimited amounts of money and at the same time be really cagey about where the money was coming from.  Last month alone, the Obama campaign raised a stench-ridden $150 million.

The RNC has responded by launching a new website allowing access to a database containing the first names, last names, and amount donated of all people donating $200 or less since John McCain officially became the Republican nominee (i.e. since the convention, after which his campaign switched to public money and the RNC began running issue ads to supplement his campaign effort).  They are calling upon Obama to do the same with his donors up to $200.

Thing is, Obama is balking.  The law does not require that he do so, of course, but given his pledge to be a different kind of politician, on top of the brazen breach of his public-financing promise, people are going to wonder what he’s hiding.

For their part, journalists are having trouble thinking of a good reason why Obama would be reluctant to release the names and donation amounts of his donors.  It’s not enough information on them for other Democrats to use the database for their own fundraising purposes (which would rob Obama of a terrific power-brokering tool).  Might it be that the database might include too many donors named “Doodad Pro” or “Jgtj Jfggjjfggj”…?

Captain Ed sums up their quandary:

There really is no good reason not to reveal their donors.  If the RNC can do it with a website in the middle of a presidential campaign, then the Obama campaign certainly can as well.  Do they want to admit to a certain amount of incompetence at basic data management that will undermine their tech-savvy patina, especially after shooting themselves in the foot for making fun of John McCain’s inability to use e-mail?  I think not.

Hey, when all anti-First Amendment regulation regimes fail, transparency moves in to pick up the slack.  At least it might turn lack of transparency in fundraising, at long last, into a campaign liability, which is as it should be.

Stevens trial: It’s all over but the sequestering

Testimony ended Monday as the defense rested its case in Sen. Ted Stevens’s corruption trial, apparently back on track after a major snafu by prosecutors led a judge to threaten a mistrial three weeks ago.

Closing arguments were delivered after Sen. Stevens himself was cross-examined, by what must have been a very exasperated prosecutor.  The Los Angeles Times describes a very cagey senator who, though expensive items were left at his house by their owners and never retrieved, somehow didn’t count as “gifts:”

Public integrity attorney Brenda Morris repeatedly challenged Stevens on the witness stand Monday, saying his explanation that the items in question were not gifts, even though they remained at his homes, was not plausible.   

Morris asked Stevens about a $2,700 Brookstone massage chair delivered to his home in Washington in 2001. Stevens has taken the position that the chair was a loan from a friend. But he acknowledged on cross-examination that it remains in his home to this day.

“How is that not a gift?” Morris asked.

“We have lots of things in our house that don’t belong to us, ma’am,” Stevens replied.

I’ll bet you do, Senator.  It’s going to be tough to convince a jury, I think, that you were never billed for any of them.

Stevens is accused of accepting over $200,000 in gifts, including home renovations, furniture, and sculpture, and failing to report it to Congress’s ethics office as required by federal law.

SCOTUS hoses Ohio

Justice John Paul Stevens took Ohio Secretary of State Jennifer Brunner’s case to the full Supreme Court.  The Court sided with Brunner.  The temporary restraining order on the early-voting program has been overturned, and Sec. Brunner is not required to check hundreds of thousands of questionable registration forms against state motor vehicle or Social Security databases.

No word as to the Court’s reasoning yet; I’m guessing it’s because they thought there wasn’t time, and the complainants took too long to file their grievance.  Sec. Brunner still has yet to explain why she initiated a program that’s a magnet for fraud, and barred election observers from monitoring the registration.  Peter Bronson said three weeks ago, “If Ohio polling looks like Chicago, thank Brunner.”  The article details Brunner’s long history of stacking the deck of Ohio elections in favor of Democrats since taking office.

No link yet…will update as they trickle in.

UPDATE: Here’s the basic AP wire dispatch; more details likely later.

UPDATE II: Allahpundit is on it.  So is Miz Michelle. Bloomberg.com has a more in-depth news report on top of the wire dispatch.

Brunner to SCOTUS: My 200,000 forms! MINE!!

A number of developments in quick succession out of Ohio regarding Secretary of State Jennifer Brunner (D-OH) and the questionable registration forms arising from her questionable early-voting program:

  • After saying initially that she would not appeal the Sixth Circuit’s upholding of the District Court’s temporary restraining order demanding that she allow tighter oversight of the program before continuing it, she has swept into the U.S. Supreme Court alleging a “veiled attempt at disenfranchising voters” (not quite clear if she’s talking about the Appeals Court).
  • The number of suspect forms Brunner is protecting is now known:  She’s sitting on a whopping 200,000 forms that warrant investigation.  Brunner is refusing to allow county boards of elections to match registration forms against state resources such as state motor vehicle and Social Security databases.  As Ace of Spades mentions (Ace has been awesome covering this, by the way), Bush’s margin of victory in Ohio four years ago was 118,457 votes.
  • It is already known that Obama activists from out-of-state, falsely registered as Ohio residents, have indeed received absentee ballots, as part of a larger effort to get thousands of others registered and furnished with similar ballots.  One of Sec. Brunner’s most frequent refrains (echoed constantly by ACORN) is that there is no evidence that fake registrations translate directly to fake ballots cast.

Sec. Brunner has asked Associate Justice John Paul Stevens to take her appeal.  He may decide it himself; he may take it to the full Court; he may decline to hear the appeal altogether (in which case Brunner could see if she can persuade another Justice to take her appeal.  Or she can just see if she can run out the clock while she continues to deny the county boards permission to access state databases to screen out at least some of the 200,000 registration forms she sitting on, while absentee ballots continue to go out.  Anyone taking odds?

Murtha grasps at petty little straws UPDATE: “Oh, hey, sorry, just kidding. But not about the murder.”

Rep. John Murtha (D-PA), America’s newest “ex-Marine,” is still living in his own big fat bloated bubble of denial.

The congressman accused eight Marines in 2006 of the murder of Iraqi civilians after a firefight in Haditha, without any evidence to back it up except a sensational story in TIME Magazine.  Today, now that six of the eight have had their charges dropped, one other acquitted of all charges, the last still awaiting court-martial on reduced charges, and two of the Marines filing or preparing to file lawsuits against him for slander and defamation, he is repeating his smear to the Pittsburgh Tribune Review:

U.S. Rep. John Murtha stands by a controversial remark he made previously that U.S. Marines killed women and children “in cold blood” in Haditha, Iraq, in November 2005.

The blunt description changed how American troops engaged Iraqis and improved overall conditions in the war, Murtha, an 18-term Democrat from Johnstown, said today during a wide-ranging interview with Tribune-Review reporters and editors.

“There are all kinds of things that have happened that have made a difference, but one of the big differences is that we are not bullying our way through like we used to,” said Murtha, a former Marine and decorated Vietnam combat veteran. “The rules of engagement are clear — and it’s changed. One of the things that has made it better in Iraq is we are no longer just breaking down doors.”

“It’s my obligation to speak out. I try everything I can to get things done,” Murtha said.

Right.  He’s a real prince, that Jack Murtha.  See you in court, pal.  Here’s hoping you graduate to Citizen Murtha real quick, courtesy of the targets of your other bizarre smear:  your own constituents, whom you tarred today as racists for not uniformly supporting Barack Obama (Allahpundit and Miz Michelle have more).

Tool.

UPDATE: Murtha apologizes a day later in a media release for calling Western Pennsylvanians racists.  No apology to be found about sliming the Haditha Marines (twice now).  And Murtha’s Iraq vet opponent Bill Russell gets a neat new campaign ad out of it.

Too bad he can’t get in Murtha’s face about it now, because Murtha has suddenly cancelled their debate tonight. Reminds me of that video of Murtha running for the elevator, no?  Hopefully Russell can put together a nice little ad slamming him for that.