Joe, please exhume the leaders of the Anti-Saloon league and let them
know.
AH
On Feb 16, 2011, at 9:56 AM, Joseph Birkenstock wrote:
First enacted in 1907, more than a century ago, the Tillman Act
prohibited corporate political "contributions" at a time when the
contribution/expenditure distinction had not yet
benansdpfoiCV"{Ofpasifhvcai ush-w98et5wggv
cxzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz.........................
Apologies, everybody, I appear to have fallen asleep literally in
the midst of writing this response. For more, please feel free to
review the listserv's archives for any of the last eighty times Brad
and I (and others) have compared notes on this issue.
________________________________
From: Smith, Brad [mailto:BSmith@law.capital.edu]
Sent: Wed 2/16/2011 9:46 AM
To: Joseph Birkenstock
Cc: election-law@mailman.lls.edu
Subject: RE: [EL] Caperton, Citizens United, & Clarence Thomas
Please explain. The law overturned has existed since 1947. The
precedents overturned have existed since 1990 and 2003.
Bradley A. Smith
Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law
Capital University Law School
303 E. Broad St.
Columbus, OH 43215
(614) 236-6317
http://www.law.capital.edu/Faculty/Bios/bsmith.asp
________________________________
From: Joseph Birkenstock [mailto:jbirkenstock@capdale.com]
Sent: Wed 2/16/2011 9:17 AM
To: Smith, Brad; Scott Rafferty
Cc: election-law@mailman.lls.edu
Subject: RE: [EL] Caperton, Citizens United, & Clarence Thomas
No more so than it would to misrepresent that conclusion as a
"misrepresented" "fact"...
________________________________
Joseph M. Birkenstock, Esq.
Caplin & Drysdale, Chtd.
One Thomas Circle, NW
Washington, DC 20005
(202) 862-7836
www.capdale.com/jbirkenstock
*also admitted to practice in CA
________________________________
From: election-law-bounces@mailman.lls.edu on behalf of Smith, Brad
Sent: Wed 2/16/2011 12:21 AM
To: Scott Rafferty
Cc: election-law@mailman.lls.edu
Subject: Re: [EL] Caperton, Citizens United, & Clarence Thomas
So are you saying that by making the complaint public, Zeese has
violated ethics rules?
Also, does it violate any rule to misrepresent the facts in an
ethics complaint? ("This case overturned a hundred years of
established campaign finance law.")
Bradley A. Smith
Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law
Capital University Law School
303 E. Broad St.
Columbus, OH 43215
(614) 236-6317
http://www.law.capital.edu/Faculty/Bios/bsmith.asp
________________________________
From: election-law-bounces@mailman.lls.edu on behalf of Scott Rafferty
Sent: Tue 2/15/2011 8:43 PM
To: Sean Parnell
Cc: election-law@mailman.lls.edu
Subject: Re: [EL] Caperton, Citizens United, & Clarence Thomas
D.C. Bar counsel claims that it is a violation of its rules for
either the complainant or the complainee to disclose the existence
of a bar complaint. It's nice to think that their interpretation is
designed to protect lawyers less powerful than Justice Thomas from
the stigma of complaints filed solely for publicity (with the clear
understanding that Bar Counsel will never take public action to
exonerate an unjustly accused attorney).
Publicizing a bar complaint against a Supreme Court justice is a
wise choice compared to the alternative of publicizing a complaint
of judicial misconduct. Those rules threaten the possibility of
criminal prosecution against citizens who publicize the existence of
their own complaint.
A complaint to the District of Columbia Bar may not be effective in
this case, however. Justice Thomas, unlike most of his Brethren,
does not maintain his complimentary judicial membership.
I
Scott Rafferty
4730 Massachusetts Avenue, NW
Washington DC 20016
mobile 202-380-5525
On 15 February 2011 11:00, Sean Parnell
<sparnell@campaignfreedom.org> wrote:
The, ah, hysteria over Clarence Thomas and Citizens United
has just gotten more hysterical, with a Caperton angle now. http://www.velvetrevolution.us/images/Clarence_Thomas_Bar_Supplement.pdf
Can't remember if this scenario was one of the 43 (?)
questions that Chief Justice Roberts raised in his dissent.
Sean Parnell
President
Center for Competitive Politics
http://www.campaignfreedom.org <http://
www.campaignfreedom.org/> <http://www.campaignfreedom.org/>
http://www.twitter.com/seanparnellccp
124 S. West Street, #201
Alexandria, VA 22310
(703) 894-6800 phone
(703) 894-6813 direct
(703) 894-6811 fax
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