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Libertarians Win a Hearing in Debate Case
The New York Sun ^ | October 11, 2004 | Josh Gerstein

Posted on 10/11/2004 4:55:37 PM PDT by LibertyRocks

Libertarians Win a Hearing in Debate Case
BY JOSH GERSTEIN - Staff Reporter of the Sun
October 11, 2004
URL: http://www.nysun.com/article/2962

The third and final debate between President Bush and Senator Kerry has been thrown into doubt after a state judge in Arizona ordered a hearing on whether the event, scheduled for Wednesday, should be halted because the Libertarian Party's nominee for president has not been invited.

Judge F. Pendleton Gaines III instructed the debate's hosts, Arizona State University and the Commission on Presidential Debates, to appear in his courtroom in Phoenix tomorrow to respond to a lawsuit filed last week by the Libertarians.

"I'm happy so far with the way things are going," an attorney for the Libertarian Party, David Euchner, said in an interview yesterday. "He did not have to sign that order. The fact that he did is a good sign."

The suit argues that the university is illegally donating state resources to the Republican and Democratic Parties by serving as host for a debate that showcases Messrs. Bush and Kerry but excludes their Libertarian counterpart, Michael Badnarik, who is on the ballot in Arizona and 47 other states.

"They can't have debates that make public expenditures for private benefit," Mr. Euchner said. "A.S.U. is spending its money in violation of the state constitution."

A spokeswoman for the university, Nancy Neff, said she was unaware of the hearing tomorrow. "If that's the judge's order, then we'll be there for sure," Ms. Neff said.

While the university is constructing a massive press filing center and has incurred large expenses for security, Ms. Neff insisted the debate will take place at no cost to taxpayers.

"We are not spending public money on the debate. We have underwritten it using private donations, in-kind gifts, and private foundation funds," the university spokeswoman said. "The price we've been working with is $2.5 million, and that's what we've been trying to raise," Ms. Neff said.

Major sponsors for the third debate include a heavy equipment maker, Caterpillar Inc.; a local utility company, APS, and an Indian tribal group that owns two casinos near Scottsdale, the Salt River Pima-Maricopa Indian Community.

Ms. Neff acknowledged, however, that the university has yet to raise all the funds required for the event, which is scheduled to take place at an auditorium on the school's Tempe campus, just east of Phoenix. "We're still raising money even as we work on it," she said, adding that at the last tally about $2.3 million had been pledged.

Mr. Euchner said the university's claim that no public money is involved is laughable. "The fact they've got their hat in hand helps us," he said. "The evidence is pretty clear that if there's a shortfall here that A.S.U. is holding the bag. They made, essentially, an interest free loan."

Mr. Euchner said the state's involvement in the debate is part of what many Libertarians see as a pattern of improper use of government funds to promote the two major parties. "Taxpayers foot the bill for the Democratic and Republican national conventions," he complained. "Anything they can get the taxpayers to pay for that way, they do it."

Several legal experts said the Libertarians face an uphill battle in attempting to use the so-called gift clause of the Arizona Constitution to block Wednesday's debate.

"It doesn't strike me as a very strong ground," an author of a book on the Arizona Constitution, Toni McClory, said. "It's not a violation of the gift clause if the state is getting something of real value." While state universities have been hosts to presidential debates in the past, Arizona State is the only one to do so this year.

Ms. McClory, who teaches at a community college near Phoenix, said the publicity surrounding the debate might be considered a substantial benefit to the university. "It's giving the university a great deal of public exposure," she said.

A law professor at the University of Arizona, Robert Glennon, said the court dispute is likely to turn on whether Arizona State is seen as discriminating against the Libertarians. He said offering the Libertarians the use of a similar facility on campus would probably be enough to fulfill the state's obligations.

"So long as the state has a nondiscriminatory policy, the fact that one particular party or one religion uses it is of no consequence," Mr. Glennon said. The professor noted that the requirements to bring a case for abuse of taxpayer funds are often lower in state courts than in the federal system, but he said he was surprised that the judge granted the Libertarians a hearing.

Judge Gaines was appointed to the bench in 1999 by Gov. Jane Hull, a Republican. In his show-cause order issued Friday morning, the judge also required that the university and the debate commission be served with the lawsuit by Friday afternoon. An attorney for the university accepted service, but security guards at the commission's headquarters in Washington ordered process-servers to leave the building, Mr. Euchner said.

Indeed, Mr. Badnarik and the Green Party nominee, David Cobb, were arrested Friday night after they crossed a police line at the presidential debate in St. Louis. Mr. Badnarik said he was trying to serve the lawsuit on a representative of the debate commission. The two candidates were released after being given tickets for trespassing and refusing a reasonable order from a policeman.

The commission, which is a nonprofit corporation, has insisted that it applies nonpartisan criteria to determine who is invited to the debates. The rules require that candidates have at least 15% support in national polls to qualify. None of the third-party candidates this year has met that hurdle.

Critics of the debate commission assert that it is little more than a front for the major parties. They note that the Democrats and the GOP issued a joint press release announcing the creation of the "bipartisan" commission and describing its purpose as facilitating debates between their "respective nominees." More recently, the commission has described itself as "nonpartisan," although its adherence to that standard remains in question.

Last month, a spokesman for the debate commission told the Sun that the panel could not comply with a provision in the agreement worked out between the Bush and Kerry campaigns that dictated the makeup of the audience for Friday's town meeting debate be one-half "soft" supporters of Mr. Bush and one-half "soft" supporters of Mr. Kerry. "We can't use soft Bush and soft Kerry supporters because we are a nonpartisan group, not a bipartisan group," said the commission spokesman, who asked not to be named. "We have said we'd use undecided voters."

In an interview with CNN last week, the editor in chief of Gallup, Frank Newport, said that more than 90% of those in the audience for Friday's debate had stated a "soft" preference for either Mr. Bush or Mr. Kerry. Mr. Newport did not indicate whether supporters of the independent candidate Ralph Nader or of Mr. Badnarik were considered for the audience.

In August, a federal judge in Washington sharply criticized the Federal Election Commission for ignoring evidence of bias on the part of the debate commission. Judge Henry Kennedy Jr. noted that in 2000 the debate commission gave security guards "facebooks" with pictures of third-party candidates and instructed the guards to prevent those in the photos from entering the debate venues, even with valid audience tickets. "The exclusion policy appears partisan on its face," Judge Kennedy wrote.

In a national poll taken in September, 57% of likely voters favored including presidential candidates other than the president and the Massachusetts senator in the debates. The survey, conducted by Zogby International, found 57% of likely voters in favor of adding Mr. Nader, and 44% in favor of including Mr. Badnarik.


TOPICS: News/Current Events; Politics/Elections; US: Arizona
KEYWORDS: asu; badnarik; bush; bushagreatleader; bushweloveyou; candidates; debates; election; electionpresident; ilovebush; kerry; libertarian; president; presidentbush2005; reelectbush; smokeadoobie; thirddebate; votebush2004; votegwb2004
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To: Wil H
And how do you suppose they will get their message out and gain relevancy if they are constantly excluded from the national stage and they are constantly marginalised by the duopoly of the major parties.

How do they expect to get the message out when Mr. B is in TWO nationally televised debates and the LP never even bothers to issue a press release on the events. Did you watch them?

241 posted on 10/11/2004 10:47:55 PM PDT by WildTurkey
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To: o_zarkman44
Boy, you have very little grasp of the law and the constitution. Where to start.

"How can you claim that a publicly aired national debate is private? "

Do you understand how ridiculous that makes you sound? If the NRA holds a meeting and televises it, it doesn't give the Brady campaign the ability to attend the meeting without permission.

"If it is held at a public venue (ASU)then it is a public venue regardless of who funds it. "

No, it isn't. There are plenty of public facilities that have private events held there. What you want is that any event held at a public institution be run according to the whims of whoever shows up. Have a wedding reception at a public hall? The libertarian candidate has to be allowed to sit at the main table. Planning a community theater production of 'the wizard of oz' at the local high school? Michael bednarik demands he be allowed to play the part of the scarecrow.

It's just ridiculous. He's not only demanding to be allowed access, he's demanding HE be put on stage.

"My question here is why is a private organization given exclusive rights to scripting and televising a public national presidential debate? "

Why? Because there is no set constitutional guidelines as to how, when, and where debates are held. So organizing the debates falls to private enterprise. It used to be the league of women voters. Now it's the CPD. Both now and then there is no legal basis to force them to allow any candidate to appear in one of the debates. Maybe you think it's wrong, but you wouldn't have any basis to interject someone not invited to appear in the debates. NONE.

As for the rest of your rant, it's little more than that. It has no point other than to vent your dissatisfaction the the current political system.
242 posted on 10/11/2004 10:52:01 PM PDT by flashbunny
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To: flashbunny

One Libertarian here did say he watched part of one of the two nationally televised debates that Mr. B. participated in. He didn't say why he only watched part of it, but that appears to be more than any other did. At least from the comments I have received (or lack of comments).


243 posted on 10/11/2004 10:59:34 PM PDT by WildTurkey
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To: krb

"Yes there is, silly. You thought it was ironic that the Libertarian took something to court. You (being naive or ignorant) think that that fact makes it ironic. "

Bzzzt. Sorry, wrong answer. Read my posts and don't try to put words into my mouth.

Here it is again in case you forgot it:

"Ironic that a libertarian is trying to use the government to force his way into a privately funded event."

I found it ironic (and it is,btw,if you understand what irony is) that the limited government, respect the constitution Libertarians are using the government to force their way into a private event. Not that they are using the court system. You're the one who made that grand leap. So don't give me credit for you delusions. I don't want it.

Now, if they were just trying to get the event cancelled because they might be using public funds to pay for a private event, that would be one thing. But as the article states, and as bednarik's website states (do a little reading if you haven't) that they'd be more than happy to overlook the violation of the AZ law if only bednarik be allowed to debate.

So their stated principle (no public funds for private event) is little more than a wedge to get bednarik into the debate. He's against government funding a private event, but if he gets into the same publicly funded event, it's A-OK with him. Quite principled, eh??

"I don't know what you are smoking, but I suggest you give it up, at least until it is decriminalized by someone (not Freepers, nor me, maybe libertarians)..."

Wow, clever... it almost makes up for your tenuous grasp of logic and willingness to put words in my mouth in order to win points.

Almost.


244 posted on 10/11/2004 11:04:10 PM PDT by flashbunny
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To: krb
It turns out that Libertarians believe in working within the system (the system being the legislature, courts, etc.) and this stoy is an example of working within the system.

The LP sued to correct a perceived future wrong. The fact that he will be wronged is not even certain. The fact that he has been wronged is false. He may be wronged in the future (according to his filings) but then, again, he may not be wronged.

245 posted on 10/11/2004 11:05:44 PM PDT by WildTurkey
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To: WildTurkey

Why do you care who watched what? Taking a poll?


246 posted on 10/11/2004 11:06:08 PM PDT by lakey
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To: lakey
Why do you care who watched what? Taking a poll?

It would be interesting to have some post-debate conversation, but it appears that those LP'ers that want to force us to watch Mr. B. did not even bother to watch him when on national TV.

247 posted on 10/11/2004 11:08:38 PM PDT by WildTurkey
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To: Poohbah
He has an opportunity to debate; he merely needs to be at 15% in nationwide polls.

And who set THAT arbitrary limit?

Can't see it in the Constitution....

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech so long as 15% of the population agree with you, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Oh yes, there it is, silly me...

The exclusionary practices of the Republican/Democrat cartel in this country denies the people any real choice. It is a clear and present danger to that duopoly that a third party could hold the balance of power in this country if they were not "drowned at birth".

248 posted on 10/11/2004 11:15:57 PM PDT by Wil H
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To: WildTurkey
How do they expect to get the message out when Mr. B is in TWO nationally televised debates and the LP never even bothers to issue a press release on the events. Did you watch them?

Incompetence on their part does not disqualify them from freedom of speech.

249 posted on 10/11/2004 11:20:14 PM PDT by Wil H
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To: Wil H
And who set THAT arbitrary limit?

The Congress, I think. LOL

It's late, 'nite.

250 posted on 10/11/2004 11:20:53 PM PDT by lakey
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To: WildTurkey
. . and the LP never even bothers to issue a press release . .

Not that it makes any difference, since not one person in 100 would even know where to find it on their TV (assuming you are correct that these third-party debates were nationally televised, which I seriously doubt):

=============================== 
NEWS FROM THE LIBERTARIAN PARTY 
2600 Virginia Avenue, NW, Suite 100 
Washington DC 20037 
World Wide Web: http://www.LP.org 
=============================== 
For release: September 27, 2004 
=============================== 
For additional information: 
George Getz, Communications Director 
(202) 333-0008
================================ 
 
Libertarian, Green candidates to debate
immediately before Bush-Kerry event


WASHINGTON -- The Libertarian and Green candidates for president will 
hold a debate on Thursday featuring something the Bush-Kerry debate will 
lack: a small-government perspective. 

"If you like gigantic government spending, towering deficits and the 
festering war in Iraq, tune in to the Bush-Kerry debate," said Fred 
Collins, campaign manager for Libertarian Michael Badnarik. "But if you 
want to hear an all-American argument in favor of limited government, 
shrinking the deficit and ending the war in Iraq, the third-party debate 
is for you."

Badnarik and Green candidate David Cobb will face off on Thursday at 5 
pm in Miami, just hours before the first Bush-Kerry debate. The third-
party event will be held at the Holiday Inn Ballroom, 1350 South Dixie 
Highway in Coral Gables, across the street from the Bush-Kerry event, 
which begins at 9pm.

Immediately after the Bush-Kerry debate, Badnarik and Cobb will offer 
rebuttals to the older parties' answers. They will also take unscripted 
questions from the audience and from correspondents for Pacifica Radio 
Network, which will carry the event live. 

The most noteworthy aspect to the three upcoming Bush-Kerry debates is 
something Americans won't hear, Collins predicted: An argument in favor 
of smaller government.

"When asked about health care, Bush may brag about how he created the 
largest expansion of socialized medicine in history with his 
prescription drug plan," Collins said.

"When the issue of education arises, expect him to reminisce about how 
he collaborated with Sen. Teddy Kennedy to write the most bloated 
federal education bill in history. 

"In response, Kerry will either quibble over the details or trot out his 
own plan to 'help' Americans by seizing more of their money. No real 
debate there."

When it comes to foreign policy -- the topic of Thursday's debate -­ 
don't expect either politician to question the biggest, most destructive
government program of all, CollinS said: war. 

"The war in Iraq -- which has claimed over 1,000 American lives and cost 
hundreds of billions of dollars -- is George Bush's favorite government 
program, and despite Kerry's last-minute backpedaling, the fact is that 
he voted for it," Collins said. 

"Both of these politicians have a record of aiding and abetting all 
government programs, foreign and domestic. And they're going to happily 
tell you more about it on Thursday."

And that's why the debate between Badnarik and Cobb will be so 
refreshing, Collins said. 

"Michael Badnarik will present small-government, free-market solutions 
to problems with education, health care and the environment," Collins 
said. "He'll also explain why a foreign policy of neutrality and non-
intervention will make America safer from war and terrorism." 

The Green Party candidate will advocate more government involvement in 
certain areas, while staunchly defending many civil liberties and 
opposing the war in Iraq, Collins said.

"That means that Americans who want a robust debate over the size and 
power of government can get it on Thursday -- as long as they skip the 
Bush-Kerry snooze-a-thon and tune in to watch the Libertarians and 
Greens instead."


The debate will be sponsored by two nonpartisan student organizations, 
the University of Miami's Council for Democracy and the Miami-Dade 
College Student Senate, and by the Maryland-based Center for Voting and 
Democracy. The center is chaired by John Anderson, the 1980 independent 
presidential candidate, who will present an opening statement prior to 
the debate.

251 posted on 10/11/2004 11:25:58 PM PDT by logician2u
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To: Wil H
I doubt if anyone this close to a national election has gone on to win with less than 15%, especially when there are others polling in the 40's and 50's.

I won't even mention that the LP has no chance with less than half a per cent, because I might pee in my pants from laughing so hard.

252 posted on 10/12/2004 12:24:27 AM PDT by Moonman62 (Federal Creed: If it moves tax it. If it keeps moving regulate it. If it stops moving subsidize it.)
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To: logician2u
"Michael Badnarik will present small-government, free-market solutions to problems with education, health care and the environment,"

Big deal, the issues that kill the LP are the destructive behaviors on the fringe of society that they promote, such as drugs, prostitution, loan sharking, price gouging, etc. They also won't mention open borders, and how they'll let our enemies build up and invade before fighting them.

253 posted on 10/12/2004 12:33:37 AM PDT by Moonman62 (Federal Creed: If it moves tax it. If it keeps moving regulate it. If it stops moving subsidize it.)
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To: dcwusmc

Guess who's in the HIGHEST echelon of the (R) party?

My answer, Republicans.


254 posted on 10/12/2004 12:47:17 AM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: MistyCA
The debate will probably go on without the Libertarians. I am ALMOST in favor of including all parties in the debates but the existing rules do serve a purpose by keeping all of the clutter off the radar screen.

I am suprised that there are so many undecided voters in this election. They must be the ones watching the MSM.

.

255 posted on 10/12/2004 1:47:52 AM PDT by Brownie74
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To: Cultural Jihad
"I'm sorry to break the news to you, but the LP ain't that vehicle since it is a humanist moral-liberal construct rooted in fantasy ideology.

Do you hold the patent rights on ignorance or have you just cornered the market?

256 posted on 10/12/2004 2:29:02 AM PDT by muir_redwoods
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To: MistyCA

BTTT!!!!!!!!


257 posted on 10/12/2004 3:05:02 AM PDT by E.G.C.
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To: Wil H
And who set THAT arbitrary limit?

The Commission on Presidential debates, a private organization.

Can't see it in the Constitution....

The Constitution limits the power of the Federal government, not the rights of private parties to freely associate (or not associate).

The exclusionary practices of the Republican/Democrat cartel in this country denies the people any real choice. It is a clear and present danger to that duopoly that a third party could hold the balance of power in this country if they were not "drowned at birth".

Yeah, getting to 15% is too much like work.

258 posted on 10/12/2004 3:28:14 AM PDT by Poohbah (SKYBIRD SKYBIRD DO NOT ANSWER...SKYBIRD SKYBIRD DO NOT ANSWER)
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To: Wil H
Incompetence on their part does not disqualify them from freedom of speech.

"Freedom of speech" does not guarantee anyone access to a particular forum. Nice try.

259 posted on 10/12/2004 3:29:37 AM PDT by Poohbah (SKYBIRD SKYBIRD DO NOT ANSWER...SKYBIRD SKYBIRD DO NOT ANSWER)
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To: lakey
On the McCain/Feingold campaign finance reform, wasn't the bill brought before the U.S. Supreme Court, but McCain asked them to put it aside before ruling on its constitutionality - till after the 2004 election?

No.

As I recall, one of the main points of this bill was to keep candidates' ads off of t.v./radio 60 days before the election. Right?

Only if you're accepting federal matching funds. Which the Libertarians are not eligible for, anyway.

260 posted on 10/12/2004 3:31:55 AM PDT by Poohbah (SKYBIRD SKYBIRD DO NOT ANSWER...SKYBIRD SKYBIRD DO NOT ANSWER)
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