[EL] menendez story

Sun Feb 17 12:17:28 PST 2013

I wouldn't know.  But in any event, I do not take that to be the thrust of the NYT's article, which was essentially that the Menendez story was ferreted out and propagated by a Republican group. And yes, I do think that the investigative efforts that appear to have been carried out here by a Republican group were very much like the efforts that CREW and Fred and others on the Left undertake, which sometimes culminate in their filing complaints.  I haven't yet had the opportunity to take discovery concerning the particulars of CREW's full range of activities and modus operandi, but we'll see what we find when I eventually do.

Sent from my iPad

Robert K. Kelner
Covington & Burling LLP
1201 Pennsylvania Avenue, NW
Washington, DC 20004
(202) 662-5503
rkelner at cov.com

On Feb 17, 2013, at 3:06 PM, "Rick Hasen" <rhasen at law.uci.edu> wrote:

> Have there been instances of Dems sending out opposition research on
> Republican elected officials through a fake email persona?  Or are you
> comparing that conduct to when CLC and Fred Wertheimer file a complaint
> with the FEC?
>
>
>
> On 2/17/13 11:43 AM, Rick Hasen wrote:
>> If anyone else responds to Rob, please use this subject line for a
>> thread rather than the ELB generic subject line.
>> On 2/17/13 11:36 AM, Kelner, Robert wrote:
>>> Regarding the NYT piece on Menendez, which Rick highlights fairly as
>>> a must read, the most peculiar thing about the article is why it was
>>> written at all.  For years now, Democratic Party aligned groups,
>>> including CREW and several others, have spent millions investigating
>>> Republicans and cranking out, in assembly line fashion, complaints to
>>> the FEC, to DOJ, and to the House and Senate Ethics Committees.
>>> These efforts have rarely been featured (in the Times, perhaps never)
>>> as being themselves the story. The only thing that is new about the
>>> story behind the Menendez story is that apparently this time the
>>> agitprop started with a Republican group.
>>>
>>> Rob
>>>
>>> Sent from my iPad
>>>
>>> Robert K. Kelner
>>> Covington & Burling LLP
>>> 1201 Pennsylvania Avenue, NW
>>> Washington, DC 20004
>>> (202) 662-5503
>>> rkelner at cov.com<mailto:rkelner at cov.com>
>>>
>>> On Feb 17, 2013, at 2:17 PM, "Rick Hasen"
>>> <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:
>>>
>>> Question of the Day<http://electionlawblog.org/?p=47399>
>>> Posted on February 17, 2013 11:13
>>> am<http://electionlawblog.org/?p=47399> by Rick
>>> Hasen<http://electionlawblog.org/?author=3>
>>>
>>> How do those who hate super PACs but love gun control feel about how
>>> influential Mike Bloomberg has been in a contested congressional race
>>> in Illinois? Political Wire
>>> says<http://politicalwire.com/archives/2013/02/17/hutchinson_drops_out_after_withering_attacks_from_bloomberg.html>
>>> some one reason a candidate is dropping out is the huge Bloomberg
>>> money. And the money could further influence the outcome of the race.
>>>
>>> My view is that this spending
>>> <http://www.cnn.com/2012/01/09/opinion/hasen-super-pacs/index.html>
>>> is dangerous whether it comes from the left or the right.
>>>
>>> <share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D47399&title=Question%20of%20the%20Day&description=>
>>>
>>> Posted in campaign finance<http://electionlawblog.org/?cat=10> |
>>> Comments Off
>>> More SCOTUSBlog on Shelby County<http://electionlawblog.org/?p=47397>
>>> Posted on February 17, 2013 11:09
>>> am<http://electionlawblog.org/?p=47397> by Rick
>>> Hasen<http://electionlawblog.org/?author=3>
>>>
>>> Zachary
>>> Price<http://www.scotusblog.com/2013/02/shelby-county-v-holder-the-voting-rights-act-doesnt-need-to-treat-states-equally/>
>>>
>>> Hans von
>>> Spakovsky<http://www.scotusblog.com/2013/02/shelby-county-v-holder-the-shelby-county-section-5-showdown/>
>>>
>>> <share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D47397&title=More%20SCOTUSBlog%20on%20Shelby%20County&description=>
>>>
>>> Posted in Supreme Court<http://electionlawblog.org/?cat=29>, Voting
>>> Rights Act<http://electionlawblog.org/?cat=15> | Comments Off
>>> “Virginia looks to toughen voter laws as Maryland does the
>>> opposite”<http://electionlawblog.org/?p=47394>
>>> Posted on February 17, 2013 11:03
>>> am<http://electionlawblog.org/?p=47394> by Rick
>>> Hasen<http://electionlawblog.org/?author=3>
>>>
>>> The Washington Examiner
>>> reports<http://washingtonexaminer.com/virginia-looks-to-toughen-voter-laws-as-maryland-does-the-opposite/article/2521743>.
>>>
>>> <share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D47394&title=%E2%80%9CVirginia%20looks%20to%20toughen%20voter%20laws%20as%20Maryland%20does%20the%20opposite%E2%80%9D&description=>
>>>
>>> Posted in election administration<http://electionlawblog.org/?cat=18>
>>> | Comments Off
>>> Democracy Now! Talks Bauer-Ginsberg Commission with NAACP’s Ben
>>> Jealous<http://electionlawblog.org/?p=47391>
>>> Posted on February 17, 2013 11:00
>>> am<http://electionlawblog.org/?p=47391> by Rick
>>> Hasen<http://electionlawblog.org/?author=3>
>>>
>>> Watch<http://t.co/Z9GmsUqz>.
>>>
>>> <share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D47391&title=Democracy%20Now%21%20Talks%20Bauer-Ginsberg%20Commission%20with%20NAACP%E2%80%99s%20Ben%20Jealous&description=>
>>>
>>> Posted in election
>>> administration<http://electionlawblog.org/?cat=18>, The Voting
>>> Wars<http://electionlawblog.org/?cat=60> | Comments Off
>>> “Texas redistricting appeal likely on hold at Supreme
>>> Court”<http://electionlawblog.org/?p=47388>
>>> Posted on February 16, 2013 8:56
>>> pm<http://electionlawblog.org/?p=47388> by Rick
>>> Hasen<http://electionlawblog.org/?author=3>
>>>
>>> The San Antonio Express-News
>>> reports.<http://www.mysanantonio.com/news/local_news/article/Texas-redistricting-appeal-likely-on-hold-at-4284883.php>
>>>
>>> <share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D47388&title=%E2%80%9CTexas%20redistricting%20appeal%20likely%20on%20hold%20at%20Supreme%20Court%E2%80%9D&description=>
>>>
>>> Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme
>>> Court<http://electionlawblog.org/?cat=29>, Voting Rights
>>> Act<http://electionlawblog.org/?cat=15> | Comments Off
>>> A Peek at the Race Which Will Determine Partisan Balance of Wisconsin
>>> Supreme Court<http://electionlawblog.org/?p=47385>
>>> Posted on February 16, 2013 6:58
>>> pm<http://electionlawblog.org/?p=47385> by Rick
>>> Hasen<http://electionlawblog.org/?author=3>
>>>
>>> Milwaukee
>>> Journal-Sentinel<http://www.jsonline.com/news/statepolitics/supreme-court-fracas-in-2011-figures-in-race-gh8q1jv-191549361.html>
>>> on round 1 of a two-round race:
>>>
>>> [The incumbent Justice] Roggensack has had the fundraising
>>> advantage<http://www.jsonline.com/news/statepolitics/campaign-reports-show-supreme-court-candidate-raised-no-money-se8nvcn-190722751.html>
>>> in the race, raising more than $235,000 through early February.
>>> Fallone has raised about $80,000. Megna – who once said he planned to
>>> donate $100,000 of his own money to his campaign – has put in just
>>> $10,000 and decided at the beginning of the year not to ask others
>>> for money, saying he would ramp up his campaign if he makes it
>>> through the primary.
>>>
>>> Roggensack is the only candidate with an
>>> ad<http://www.jsonline.com/blogs/news/190080581.html> on television.
>>> Her campaign is also being boosted by a spot run by the conservative
>>> Wisconsin Club for
>>> Growth<http://www.jsonline.com/blogs/news/190293471.html>. The other
>>> candidates are not getting help from outside groups.
>>>
>>> In an unusual move for a court race, Megna early in the campaign
>>> declared himself a
>>> Democrat<http://www.jsonline.com/news/statepolitics/supreme-court-candidate-declares-himself-a-democrat-opponent-of-voter-id-jt7uq72-182569621.html>
>>> and announced he supports gay rights and limits on guns. He said the
>>> other candidates should state their partisan leanings and spell out
>>> their stances on issues.
>>>
>>> Megna’s positions didn’t do anything to win him support from
>>> high-profile Democrats or their allies. That backing instead went to
>>> Fallone, who has received the endorsements of the Wisconsin Education
>>> Association Council and other labor groups, former U.S. Sen. Russ
>>> Feingold and Milwaukee Mayor Tom Barrett.
>>>
>>> Meanwhile, Roggensack, 72, of Madison, has gotten financial support
>>> from Republican Party campaign committees and the endorsement of the
>>> anti-abortion group Wisconsin Right to Life.
>>>
>>> Despite their partisan support, Roggensack and Fallone have rejected
>>> Megna’s call to state their political views. They both say it is
>>> essential for justices to be viewed as impartial.
>>>
>>>
>>>
>>> <share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D47385&title=A%20Peek%20at%20the%20Race%20Which%20Will%20Determine%20Partisan%20Balance%20of%20Wisconsin%20Supreme%20Court&description=>
>>>
>>> Posted in campaigns<http://electionlawblog.org/?cat=59>, judicial
>>> elections<http://electionlawblog.org/?cat=19> | Comments Off
>>> The Backstory on Allegations Against Sen.
>>> Menendez<http://electionlawblog.org/?p=47379>
>>> Posted on February 16, 2013 3:35
>>> pm<http://electionlawblog.org/?p=47379> by Rick
>>> Hasen<http://electionlawblog.org/?author=3>
>>>
>>> Must-read<http://www.nytimes.com/2013/02/17/nyregion/partisan-push-led-to-troubling-revelations-about-senator-menendez.html?pagewanted=1&hp>
>>> NYT report.
>>>
>>> <share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D47379&title=The%20Backstory%20on%20Allegations%20Against%20Sen.%20Menendez&description=>
>>>
>>> Posted in chicanery<http://electionlawblog.org/?cat=12>, ethics
>>> investigations<http://electionlawblog.org/?cat=42> | Comments Off
>>> “Congress’s committee chairman push to reassert their
>>> power”<http://electionlawblog.org/?p=47376>
>>> Posted on February 16, 2013 3:12
>>> pm<http://electionlawblog.org/?p=47376> by Rick
>>> Hasen<http://electionlawblog.org/?author=3>
>>>
>>> Important, extensive WaPo report:
>>> <http://www.washingtonpost.com/politics/congresss-committee-chairman-push-to-reassert-their-power/2013/02/16/2acb7770-6a6a-11e2-af53-7b2b2a7510a8_story.html>
>>>
>>> The overarching demand is for “regular order.” which is congressional
>>> speak for how things are supposed to work — at least how things used
>>> to work. Their hopes are straight out of the old Schoolhouse Rock
>>> “I’m Just a Bill” anthem<http://www.youtube.com/watch?v=tyeJ55o3El0>,
>>> where bills start in subcommittees and move to full committees and
>>> competing versions are passed by each chamber, leading to a
>>> conference committee to iron out the differences. A final version
>>> gets approved and sent to the president for his signature.
>>>
>>> That process, already withering away over the last decade, broke down
>>> completely in the 112th Congress. Senior aides could not point to a
>>> single significant bill introduced in the past two years that moved
>>> along those old procedural tracks. The Senate, intended as the more
>>> prudent, less fractious house, set a modern record for futility in
>>> 2011 and 2012 by holding just 486 votes
>>> <http://www.senate.gov/legislative/LIS/roll_call_lists/vote_menu_112_1.htm>
>>> — about 175 fewer roll calls than a normal two-year session.
>>>
>>> Instead of producing legislation the old-fashioned way, Republicans
>>> and President Obama jousted over a series of deadlines — expiring
>>> funding for federal agencies, exhausting Treasury’s borrowing
>>> authority, expiring tax cuts — that led to a recurring series of
>>> crises that left Congress deeply unpopular.
>>>
>>> <share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D47376&title=%E2%80%9CCongress%E2%80%99s%20committee%20chairman%20push%20to%20reassert%20their%20power%E2%80%9D&description=>
>>>
>>> Posted in legislation and
>>> legislatures<http://electionlawblog.org/?cat=27>, political
>>> parties<http://electionlawblog.org/?cat=25>, political
>>> polarization<http://electionlawblog.org/?cat=68> | Comments Off
>>> “Data Mining is New Lobbying Gold”<http://electionlawblog.org/?p=47373>
>>> Posted on February 16, 2013 1:37
>>> pm<http://electionlawblog.org/?p=47373> by Rick
>>> Hasen<http://electionlawblog.org/?author=3>
>>>
>>> Byron Tau for
>>> Politico<http://www.politico.com/story/2013/02/data-mining-takes-lobbying-to-a-whole-new-place-87717.html>:
>>>
>>> A congressman gets an earful from his neighbor after church about a
>>> tax bill. A senator suddenly finds old high school classmates calling
>>> her about an upcoming vote on a small business bill.
>>>
>>> Those meetings may not be coincidences.
>>>
>>> The same social data-mining ability and concept — that voters are
>>> more likely to consider new ideas from people they know and trust —
>>> that helped power President Barack Obama’s unprecedented field
>>> operation is coming to K Street.
>>>
>>>
>>>
>>> <share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D47373&title=%E2%80%9CData%20Mining%20is%20New%20Lobbying%20Gold%E2%80%9D&description=>
>>>
>>> Posted in legislation and
>>> legislatures<http://electionlawblog.org/?cat=27>,
>>> lobbying<http://electionlawblog.org/?cat=28>, social media and social
>>> protests<http://electionlawblog.org/?cat=58> | Comments Off
>>>
>>> --
>>> Rick Hasen
>>> Chancellor's Professor of Law and Political Science
>>> UC Irvine School of Law
>>> 401 E. Peltason Dr., Suite 1000
>>> Irvine, CA 92697-8000
>>> 949.824.3072 - office
>>> 949.824.0495 - fax
>>> rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
>>> http://law.uci.edu/faculty/page1_r_hasen.html
>>> http://electionlawblog.org
>>>
>>> _______________________________________________
>>> Law-election mailing list
>>> Law-election at department-lists.uci.edu<mailto:Law-election at department-lists.uci.edu>
>>>
>>> http://department-lists.uci.edu/mailman/listinfo/law-election
>
> --
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000
> 949.824.3072 - office
> 949.824.0495 - fax
> rhasen at law.uci.edu
> http://law.uci.edu/faculty/page1_r_hasen.html
> http://electionlawblog.org
>