[EL] menendez story

Tue Feb 19 08:27:26 PST 2013

The reason the Times had to run a story is that the "Menendez/underage 
prostitutes" thing had been out there for two weeks, and neither the 
Times nor the Post had mentioned it. They had to run something, because 
if in a week it turns out that the whole Daily Caller story was true, 
and it all blows up, it will be extremely embarassing to both papers to 
have had nothing at all. But there isn't actually any evidence.

So there were two choices: They could run a story that said, "FBI 
investigating Menendez and underage prostitutes," as the Washington Post 
did, even though all the Post really had was that the FBI was following 
up on the package of info that "Peter Williams" had sent to CREW and 
that Sloan had forwarded. Or they could run a story on the genesis of 
the allegations, as the Times did.

The Times' judgment seems the sounder one. Ignoring the whole thing 
would probably be the most responsible option, but these papers no 
longer get to decide what's news and what isn't.

On 2/17/2013 3:37 PM, Kelner, Robert wrote:
> Further confirmation, if we needed it, that we do not all think alike, even when presented with the same text. Though I may be focusing a bit more than you are on the subtext.
>
> 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 3:31 PM, "Rick Hasen" <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:
>
> Interesting---because I read the thrust to be exactly the focus on the anonymous emailer, and the question whether or not the emailer is tied to the NPLC.  In response to my tweeting about the NYT story, an official at the NPLC said the Times story was "a lie" and "pure fiction:"
>
> https://twitter.com/TomTomJAnderson/status/302925779946328064
> https://twitter.com/TomTomJAnderson/status/302928627186679809
>
> That's what I think makes the story newsworthy.
>
> I also think it is newsworthy what Melanie Sloan of CREW says at the end of the article, where she says:
>
> “The increased scrutiny on Menendez’s relations with Dr. Melgen was well deserved and has highlighted some clearly improper conduct by Menendez on Melgen’s behalf,” Ms. Sloan said. “But it’s been a long, strange trip.”
> Note also how Fred has been attacking OFA relentlessly.
>
> So while I think it is fair to characterize both CREW and the campaign finance reform community as going after Republicans more frequently, that may be because Republicans generally  are more willing to push the envelope on campaign finance rules---perhaps out of a belief that many of those rules are unconstitutional or unfair.  Maybe there's a bias towards Democrats among some of these groups.  But I've never seen any evidence that CREW or other groups like that have  used tactics like that used in the Menendez case.
>
> In any case, I think the headline is the fake "Peter Williams."
>
> Rick
>
> On 2/17/13 12:17 PM, Kelner, Robert wrote:
>
> 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<mailto:rkelner at cov.com>
>
> On Feb 17, 2013, at 3:06 PM, "Rick Hasen" <rhasen at law.uci.edu><mailto: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><mailto: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><mailto:rhasen at law.uci.edu><mailto:rhasen at law.uci.edu>> wrote:
>
> Question of the Day<http://electionlawblog.org/?p=47399><http://electionlawblog.org/?p=47399>
> Posted on February 17, 2013 11:13
> am<http://electionlawblog.org/?p=47399><http://electionlawblog.org/?p=47399> by Rick
> Hasen<http://electionlawblog.org/?author=3><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><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><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=><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><http://electionlawblog.org/?cat=10> |
> Comments Off
> More SCOTUSBlog on Shelby County<http://electionlawblog.org/?p=47397><http://electionlawblog.org/?p=47397>
> Posted on February 17, 2013 11:09
> am<http://electionlawblog.org/?p=47397><http://electionlawblog.org/?p=47397> by Rick
> Hasen<http://electionlawblog.org/?author=3><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/><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/><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=><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><http://electionlawblog.org/?cat=29>, Voting
> Rights Act<http://electionlawblog.org/?cat=15><http://electionlawblog.org/?cat=15> | Comments Off
> “Virginia looks to toughen voter laws as Maryland does the
> opposite”<http://electionlawblog.org/?p=47394><http://electionlawblog.org/?p=47394>
> Posted on February 17, 2013 11:03
> am<http://electionlawblog.org/?p=47394><http://electionlawblog.org/?p=47394> by Rick
> Hasen<http://electionlawblog.org/?author=3><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><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=><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><http://electionlawblog.org/?cat=18>
> | Comments Off
> Democracy Now! Talks Bauer-Ginsberg Commission with NAACP’s Ben
> Jealous<http://electionlawblog.org/?p=47391><http://electionlawblog.org/?p=47391>
> Posted on February 17, 2013 11:00
> am<http://electionlawblog.org/?p=47391><http://electionlawblog.org/?p=47391> by Rick
> Hasen<http://electionlawblog.org/?author=3><http://electionlawblog.org/?author=3>
>
> Watch<http://t.co/Z9GmsUqz><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=><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><http://electionlawblog.org/?cat=18>, The Voting
> Wars<http://electionlawblog.org/?cat=60><http://electionlawblog.org/?cat=60> | Comments Off
> “Texas redistricting appeal likely on hold at Supreme
> Court”<http://electionlawblog.org/?p=47388><http://electionlawblog.org/?p=47388>
> Posted on February 16, 2013 8:56
> pm<http://electionlawblog.org/?p=47388><http://electionlawblog.org/?p=47388> by Rick
> Hasen<http://electionlawblog.org/?author=3><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><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=><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><http://electionlawblog.org/?cat=6>, Supreme
> Court<http://electionlawblog.org/?cat=29><http://electionlawblog.org/?cat=29>, Voting Rights
> Act<http://electionlawblog.org/?cat=15><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><http://electionlawblog.org/?p=47385>
> Posted on February 16, 2013 6:58
> pm<http://electionlawblog.org/?p=47385><http://electionlawblog.org/?p=47385> by Rick
> Hasen<http://electionlawblog.org/?author=3><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><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><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><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><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><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=><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><http://electionlawblog.org/?cat=59>, judicial
> elections<http://electionlawblog.org/?cat=19><http://electionlawblog.org/?cat=19> | Comments Off
> The Backstory on Allegations Against Sen.
> Menendez<http://electionlawblog.org/?p=47379><http://electionlawblog.org/?p=47379>
> Posted on February 16, 2013 3:35
> pm<http://electionlawblog.org/?p=47379><http://electionlawblog.org/?p=47379> by Rick
> Hasen<http://electionlawblog.org/?author=3><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><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=><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><http://electionlawblog.org/?cat=12>, ethics
> investigations<http://electionlawblog.org/?cat=42><http://electionlawblog.org/?cat=42> | Comments Off
> “Congress’s committee chairman push to reassert their
> power”<http://electionlawblog.org/?p=47376><http://electionlawblog.org/?p=47376>
> Posted on February 16, 2013 3:12
> pm<http://electionlawblog.org/?p=47376><http://electionlawblog.org/?p=47376> by Rick
> Hasen<http://electionlawblog.org/?author=3><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><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><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><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=><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><http://electionlawblog.org/?cat=27>, political
> parties<http://electionlawblog.org/?cat=25><http://electionlawblog.org/?cat=25>, political
> polarization<http://electionlawblog.org/?cat=68><http://electionlawblog.org/?cat=68> | Comments Off
> “Data Mining is New Lobbying Gold”<http://electionlawblog.org/?p=47373><http://electionlawblog.org/?p=47373>
> Posted on February 16, 2013 1:37
> pm<http://electionlawblog.org/?p=47373><http://electionlawblog.org/?p=47373> by Rick
> Hasen<http://electionlawblog.org/?author=3><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><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=><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><http://electionlawblog.org/?cat=27>,
> lobbying<http://electionlawblog.org/?cat=28><http://electionlawblog.org/?cat=28>, social media and social
> protests<http://electionlawblog.org/?cat=58><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><mailto:rhasen at law.uci.edu><mailto:rhasen at law.uci.edu>
> http://law.uci.edu/faculty/page1_r_hasen.html
> http://electionlawblog.org
>
> _______________________________________________
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>
> 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<mailto:rhasen at law.uci.edu>
> http://law.uci.edu/faculty/page1_r_hasen.html
> http://electionlawblog.org
>
>
>
>
> --
> 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
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