Subject: Re: [EL] Caperton, Citizens United, & Clarence Thomas
From: Joseph Birkenstock
Date: 2/16/2011, 6:17 AM
To: "Smith, Brad" <BSmith@law.capital.edu>, Scott Rafferty <rafferty@gmail.com>
CC: "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>

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.twitter.com/seanparnellccp

	124 S. West Street, #201

	Alexandria, VA  22310

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