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Slednfool
Seaman
Joined: 10 Aug 2004
Posts: 198
Location: New Brighton, MN
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Me#1You#10
Site Admin
Joined: 06 May 2004
Posts: 6503
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 Posted: Wed Jan 12, 2005 10:30 pm Post subject: |
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Thanks for the link.
Plaintiff argument provided below is what appears to be the first of 4 hurdles that this suit must cross. Whether the CBS presentation was a "news story" or an "electioneering mechanism"...
| Quote: | Apparent Violations
The gravamen of this Complaint is really quite simple. First, the broadcast segment that aired nationwide on the CBS television network on september 8, 2004, constituted a prohibited and regulated “electioneering communication.” See 2 U.S.C. §§ 434(f)(3), 441b(a), (b)(2), (c)(1). Second, that “electioneering communication” was unlawfully coordinated with the Kerry Campaign through at least one senior advisor and political operative. See 11 C.F.R. § 109.21. In fact, the coordination with the Kerry Campaign only reinforces the conclusion that the broadcast segment constituted a prohibited and regulated “electioneering communication,” and that it was not an exception to the reach of the federal election and campaign finance laws. Third, because the broadcast segment was coordinated with the Kerry Campaign, it also constituted an unlawful contribution to and expenditure by that campaign. See 2 U.S.C. §441a(a)(7)(C). Finally, the “electioneering communication” developed, produced, and broadcast by CBS and coordinated with the Kerry Campaign necessarily triggered the reporting and disclosure requirements imposed under the Federal Election Campaign Act of 1971, as amended, and the Federal Election Commission regulations promulgated thereunder. See 2 U.S.C. §§ 434(f)(1), (f)(2).
The Federal Election Campaign Act of 1971, as amended by the Bipartisan Campaign Reform Act of 2002, defines an “electioneering communication” as:
any broadcast, cable, or satellite communication which—(I)refers to a clearly identified candidate for Federal office; (II) is made within … 60 days before a general … election for the office sought by the candidate; … and (III) in the case of a communication which refers to a candidate for an office other than President or Vice President, is targeted to the relevant electorate. 2 U.S.C. § 434(f)(3)(A).
There can be no doubt that the broadcast segment developed, produced, and aired by CBS meets the above definition of an “electioneering communication.” It was a “broadcast … communication” aired nationwide on CBS, one of the four major television networks. It “refer[red] to a clearly identified candidate for Federal office,” namely, President George W. Bush, who is the Republican Party’s Candidate for the Office of President of the United States in the 2004 general election. It was “made within … 60 days before [the] general … election for the office sought by the candidate” because the broadcast segment aired on September 8, 2004, just 55 days before the 2004 presidential election that will take place on November 2, 2004. And, since the candidate referred to in the broadcast segment is seeking election to the Office of President of the United States, it was unnecessary for the “electioneering communication” to be “targeted to the relevant electorate.”
The only question as to whether the broadcast segment constituted a prohibited and regulated “electioneering communication” arises from the exception for “news stor[ies] … distributed through the facilities of any broadcasting station, unless such facilities are owned or controlled by any political party, political committee, or candidate.” 2 U.S.C. § 434(f)(3)(B)(i). However, because the broadcast segment lacked all of the hallmarks of a legitimate “news story” and responsible journalism, such an exception does not apply in this case. |
Establishing just what are (or perhaps what are not) the "hallmarks of a legitimate news story and responsible journalism" seems to be the lynchpin of this case. It appears to be a pretty nebulous and subjective standard upon which to hang your hat. Hopefully Beldar will come out of retirement with an educated opinion. |
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shawa
CNO
Joined: 03 Sep 2004
Posts: 2004
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| Posted: Thu Jan 13, 2005 4:50 am Post subject: |
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WHAT NEWS STORY???
Forged documents that even their so-called experts could not
authentic and warned them against using.
Selectively interpreted statements from former TANG officers who said
they were not fully informed of the questionable documents.
Ignoring the statements of Killian's wife and son that Killian did
not keep any 'personal files' that CBS claimed the documents
came from.
Testimony from Ben Barnes, a proven liar with a sleazy past that
the viewers weren't informed of.
This was a dirty political hit piece used to affect a presidential
election. Certainly an 'electioneering communication' !!!
Such fabrications can hardly be called a legitimate "news story". |
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Navy wife
Research Director
Joined: 09 Aug 2004
Posts: 353
Location: Arlington, VA & Ft. Worth, TX
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| Posted: Thu Jan 13, 2005 4:55 am Post subject: |
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I am very curious about this complaint. I thought I had read every thing available on the election and John Kerry, but I do not remember this!
I see that it is dated 23 September 2004. Has it not been taken up by the FEC yet? If so, what was the ruling? |
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shawa
CNO
Joined: 03 Sep 2004
Posts: 2004
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| Posted: Thu Jan 13, 2005 5:25 am Post subject: |
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Interesting questions raised by this lawyer re Mapes links to
Kerry Campaign and DNC.
Texas Smoke and ……
Re: Thornburgh Report
I smell smoke. Where there is smoke……
http://www.scyllacharybdis.blogspot.com/ |
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Me#1You#10
Site Admin
Joined: 06 May 2004
Posts: 6503
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| Posted: Thu Jan 13, 2005 5:47 am Post subject: |
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A little bit here, then a little bit there...
I hadn't been aware that Ms. Mapes is married to a Dallas Morning News journalist (Mark Wrolstad) who just happened to be on the Swift Vet beat (in this case "beat"in' up on Ken Cordier.) Must've been some interesting pillow-talk in Aug./Sept.
Thanks for the info...and here's a permalink to that juicy tidbit on Scylla and Charybdis.
Last edited by Me#1You#10 on Thu Jan 13, 2005 6:59 am; edited 2 times in total |
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Arty Guy
Seaman
Joined: 20 Aug 2004
Posts: 190
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| Posted: Thu Jan 13, 2005 6:55 am Post subject: |
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| The FEC will likely try to find a way to avoid getting involved in this, although that involvement is the clear mandate of the law. It would be even more interesting to see a criminal investigation of CBS and Burkett for fabricating purported official government documents. But I really don't expect to see that happen either. Bush has bigger fish to fry and probably doesn't want the PR distraction from his main agenda. |
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Me#1You#10
Site Admin
Joined: 06 May 2004
Posts: 6503
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| Posted: Thu Jan 13, 2005 7:02 am Post subject: |
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| Arty Guy wrote: | | The FEC will likely try to find a way to avoid getting involved in this... |
Fortunately for us, FEC reticence notwithstanding, the pajamahadeen are HOT on the scent.  |
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coldwarvet
Admiral
Joined: 03 Jun 2004
Posts: 1125
Location: Minnetonka, MN
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| Posted: Thu Jan 13, 2005 1:44 pm Post subject: |
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Please answer this question.
When will this go to trial?
Why do we continue to make law that we do not enforce? Every time a blatantly broken law goes un-prosecuted it is weakened. If we do not stand up and prosecute laws we will end up in a state of anarchy.
CWV
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Defender of the honor of those in harms way keeping us out of harms way.
"Peace is our Profession"
Strategic Air Command - Motto
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shawa
CNO
Joined: 03 Sep 2004
Posts: 2004
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| Posted: Thu Jan 13, 2005 10:01 pm Post subject: |
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Me#1You#10
A little bit here, a little bit there
Check out http://scyllacharybdis.blogspot.com/ today.
Encyclopedia Brown is pulling together the proof of collusion
between Burkett/CBS and the DNC/Kerry Campaign.
Check out all his links.
I love Bummerdietz!! |
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army72
Seaman
Joined: 06 Sep 2004
Posts: 182
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| Posted: Sat Jan 15, 2005 8:54 am Post subject: |
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I have been asking these questions for a while. The biggest single one to me is the collusion with the Kerry campaign. Lockhart admitted he talked to Burkett after getting the phone number from Mapes. The Kerry bunch knew of the story before it was released. How much more would they need? I think the attempted hijack of the presidency is very serious. It's sort of funny the the Kerry team is involved.. sounds like a VVAW plot.
If someone doesn't act on this in good faith, I think it will fester into a very bad problem for CBS and the DNC. There is a lot of explaining to be done. It's not going away.
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Hillary and Kerry in '08? Something smells!! |
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zinfella
Rear Admiral
Joined: 19 Aug 2004
Posts: 708
Location: Mesa, Az
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| Posted: Sun Jan 16, 2005 1:29 pm Post subject: |
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The word that descibes the whole scenario is slander! 
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No whiners! |
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shawa
CNO
Joined: 03 Sep 2004
Posts: 2004
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| Posted: Tue Jan 18, 2005 3:31 am Post subject: |
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This one's good for a chuckle.
Monday, January 17, 2005
A Lynch Pin to CBS News Bias
No political bias at CBS News? An entire news staff of left wing activists, yet, no bias?
From the Thornburgh Report:
...Dotty Lynch, CBS News’ Senior Political Editor....recalled having discussions with Mapes over Labor Day weekend, about the September 8 Segment.
Who is Dotty Lynch? She is CBS News' "Senior Political Editor" and a self-described "very ardent feminist" and longtime partisan liberal political operative (her mullet and turtleneck fooled me...). Before joining CBS, Lynch directed polling for George McGovern, Jimmy Carter, Ted Kennedy, Gary Hart, Walter Mondale and the DNC.
What is Lynch's potential political bias when she was inducted onto the Memogate team a couple of days before the broadcast?
Lynch participated in a December 2004 CSPAN panel. She agreed that the Swift Boat attacks had no basis in fact. To the suggestion that the MSM should have actually investigated what the "facts" were, before pronouncing them to be false, Lynch stated that since the public can only focus on a few sentences of a story, the MSM was justified in not investigating this "complex" Kerry story, because it would only confuse the public. That is, no investigation other than to solicit a denial from the Kerry campaign....
[Update: Sherlock Holmes moment: Kerry campaign aide and Thornburgh Report villian Chad Clanton (friend of Mapes' husband, he put CBS and Burkett in touch with Joe Lockhart), sat on the same CSPAN panel with Lynch... .]
In Lynch's her own words: "From 1972 until 1985 I worked in politics as a pollster for Democratic candidates and liberal causes. Most of the candidates, most notably Presidential contenders George McGovern, Jimmy Carter, Ted Kennedy and Gary Hart, were simpatico with my liberal values and I felt somewhat fulfilled in working through them to build a better society. I had become a ]very ardent feminist...."
Lynch once described her being "stunned" when she saw the final poll indicating Anita Hill's rating among women was 19 percent favorable and 40 percent unfavorable. How could these stupid people not believe Anita?
Go to http://www.scyllacharybdis.blogspot.com/
Click on very ardent feminist...."
YIKES!!!! |
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Me#1You#10
Site Admin
Joined: 06 May 2004
Posts: 6503
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| Posted: Tue Jan 18, 2005 6:37 am Post subject: |
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Thanks for the link...another career SeeBS "progressive" exposed...
| Quote: | | To the suggestion that the MSM should have actually investigated what the "facts" were, before pronouncing them to be false, Lynch stated that since the public can only focus on a few sentences of a story, the MSM was justified in not investigating this "complex" Kerry story, because it would only confuse the public. |
What patent, self-serving swill. However, she is quite right in characterizing the Kerry fraud as complex and it is that very complexity that enabled Kerry's fraud to succeed. Look at the digging that had to be done by Navy Chief and the journalistic skill of Thomas Lipscomb that combined to demonstrate the authorship of the AAR which was the foundation for Kerry's "no man left behind" Bronze Star. The mere mention of this "smoking gun" transforms Lawrence O'Donnell into a rabid dog. There is TRUTH in that revelation and O'Donnell KNOWS it (as does, I daresay, Ms. Lynch.)
Frauds that AREN'T complex have a short shelf-life, and Kerry had complexity in spades, along with the ignoble cooperation of the United States Navy.
But the TRUTH is now exposed for any enterprising pundit to develop (or, perhaps, even a Massachusetts politico with an eye on His Fraudulency's Senate seat.) |
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Navy_Navy_Navy
Admin
Joined: 07 May 2004
Posts: 5777
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| Posted: Tue Jan 18, 2005 11:03 am Post subject: |
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| me#1you#10 wrote: | | The mere mention of this "smoking gun" transforms Lawrence O'Donnell into a rabid dog. |
LOL! Oh, I love it when they do that!
And you're right - there is someone right this very moment digging to uncover and explain and expose what there wasn't time to do before this election - but in plenty of time for the next one.
"His Fraudulency" may indeed be looking at a couple years' worth of deep scrutiny.
What's going to happen to him when even his supporters start saying, "Yah, man, what about this? I mean, even Karl Rove couldn't have cooked up something this big. He wasn't even around when your awards were re-issued." LOL!
Break out the Samuel Adams - this could be a real hoot. 
.
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Altering course to starboard - On Fire, Keep Clear
Navy woman, Navy wife, Navy mother |
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