Swifty October Surprise For Kerry

To The Point ^ | August 2004 | Dr. Jack Wheeler

[Presto]

Main excerpt: " However… in the famous words of Al Jolson: “You ain’t heard nothin’ yet.” The Swiftees have prepared an October Surprise for Hanoi John that is going to blow his candidacy out of the water. I can’t tell you what it is, but I can tell you the television and radio ads have already been taped, and they are going to have an impact like an elephant sitting on a donkey.

The Swiftees have three things in abundance: money, brains, and balls. They know exactly how to go for the jugular, they have the dough to do it, and they are saving their best shot for last. The Democrats will not know what hit them and will not know how to retaliate. Get set folks. The Kerry Train Wreck is not going to be a pretty sight. "

[dennisw]

Now I'm getting desperate. Somebody tell me how the Swift Boat Veterans can air an ad in October, if they are muzzled by CFR 60 days before the election. I'd love to believe this article, but don't see how it works.
______________

I believe that the 527 can run advertisements any old time they want as long as the advertisement is not paid for with union money or corporate money. IOW George Soros can donate 15 million dollars to "Joint Victory" which is a Democrat 527 and this money can be spent in Sept, Oct + Nov.

[July 4th]

Are you saying posts 101,112, and 116 are wrong?

I'm not saying it's flat-out wrong, but a lawyer who said that it was right would be committing malpractice. Here is the problem.

527's were left out when it came to rule-making for quasi-corporate political groups. No one is quite sure what laws apply and how. Supposedly, and under the actual text of the law, the 60 day ban does not apply to 527's. But there were a lot of things that the Supreme Court read into the law the first time around, so if there is a legal dispute with the Swifties, who knows what they'll decide. The court has already decided it's in their power to rewrite parts of the law to make it work.

Here is the other problem. There just may be a new definition of "issue ads." 527's are free to run them, but the old rule may have changed in the court's eye. With the advent of the word "electioneering," and increasing reference to a famous 9th Circuit case known as Furgatch, a court could limit "issue ads" to exactly what the term states. Only an issue. No candidates, no names, etc.

As a lawyer, I would advise any 527 to seriously watch their step on this. But as a conservative Republican, I'd be more practical and say that you should run whatever the hell you want now, because the courts won't deal with you until after the election.

[Gabz]

Good Grief.

[Nov3]

If that's true, not only is McKeating/Feingold unconstitutional, it is criminal.

Where have you been? Did you not know what CFR was? I certainly hope you didn't think it was anything but a way to allow the networks to control the election!

[CedarDave]

Sean has been hinting about something big, too.

Maybe, just maybe, there is something in his Navy records, which he won't release, that is truly damning. Maybe a recommendation for a court martial for his actions in meeting with the North Vietnamese while still in the service?

[oblomov]

I am a libertarian, and I will definitely be voting for Bush. I will do so for three reasons:

1) Of the two feasible candidates, Bush is by far the "least bad". He is likely to appoint judges with a libertarian judicial philosophy, which Kerry would never do. Condorcet voting theory necessitates a vote for Bush here.
2) The Democratic party has become a social democratic coalition that is opposed to individual economic liberty, which is the basis for all other liberty. I wish to hasten the destruction of the Democratic Party as it exists in its current, unstable form. I believe that in the wake of its demise, there will arise a mid-sized leftist coalition party, a large libertarian-oriented party, and a large socially conservative party with a mostly capitalist orientation.
3) I think that the WOT must be won to preserve individual liberty, despite the unfortunate statist implications. I will work to get the egregious portions of the USPA repealed.

Swift Vets are a non-issue in my vote. It is for consumption by the swing voters.

[arasina]

He didn't say why. He mentioned that when questioned about the TIMING of the Swift Boat Veterans ads.

[July 4th]

Here is some info from the RNC:

Legal Analysis of FEC Decision to Refrain From Taking Action

In the wake of McConnell v. FEC ("McConnell"), 540 U.S. ____, 124 S.Ct. 619 (2003), the FEC decision to take no action has left unchanged the legal landscape regulating the political activity of Section 527 organizations.

So long as non-federal Section 527 organizations eschew the use of the "magic words" of "express advocacy," the Commission has indicated it will not regulate the organizations’ ability to raise and spend unlimited non-federal dollars on issue advertisements outside the electioneering communication period, as well as GOTV efforts and other similar activities. Section 527 organizations that have a federal component are subject to the allocation rules provided in 11 CFR § 106 and must pay for their activities with a split of federal and non-federal dollars (similar in nature to the pre-BCRA spending allocation rules political parties had to follow). See AO 2003-37 (ABC PAC).

The FEC’s decision does not change the rules governing "electioneering communications", meaning that "soft money" broadcast communications are still banned within 60 days of general election and 30 days of a primary if it mentions or refers to a clearly identified federal candidate or political party. This provision does not stop mail, phone or internet public communications.

Importantly, Section 527 organizations making "electioneering communications" within the 60/30 day windows can only do so with money from individuals deposited into separate segregated accounts containing contributions only from individuals to pay for these communications. This separate account cannot include any corporate, trade association or union funds.

Non-federal Section 527 organizations are free to spend unlimited amounts of corporate and union funds to pay for any of their activities at any time except for electioneering communications in the 30/60 day window. Section 527 organizations with a federal component would always be required to allocate their generic activities between federal and non-federal funds. If only federal candidates are referred to, 527s with a federal component would be required to pay for the activity solely with federal funds.

[Peach]

And thanks to you - he's back :-)

[dennisw]

527's are NOT subject to the 60 day limitation on electioneering communications. Only labor unions and corporations. The Swiftees can run in October.

527's are subject to this 60 day limitation which would kick in about September 3rd this year. If the Swift Vets get $5 million from Microsoft or the Teamsters union, they cannot spend it on TV advertising 60 days before the election.

If a wealthy Texas oil man kicks in $5 million it can be spent any old time. Same if the Swift Vets pull in $5 million in small donations from Freepers and bloggers.

[Cboldt]

We already had one [unsettling election] in 2000. This one is likely to be worse since so many states have electronic voting with no paper backup.

Well, in the election of 2000, the candidates chosen at the conventions both survived through inauguration. Obviously, only of the slates was elected.

What I was referring to was a scenario where the voters vote-in one candidate, but a different person is elected by the electors and sworn in. That would be unsettling, to never have voted for the person holding the office. It's happened before, when Agnew, then Nixon resigned. It could happen in an even more "dramatic" fashion, before or after the election instead of half way through a term of office, all perfectly legal.

[hardhead]

Hey, those AOL CDs aren't without merit! Tie one to a string and hang it over your garden area and when they blow in the wind it scares the birds off.

[On the Road to Serfdom]

Thanks, nice response. I thought there might be more too it.

[guardian_of_liberty]

Nope, 527s can show ads. They are exempted from McCain Finegold

[woofer]

Shouldn't that read "definition" of character??

Y'know, Flash, you got a point.

When I was a kid, back on the farm, I became aware at an early age that the closer I got to, and the longer I stayed near the manure pile, the worse I stank afterward.

[dennisw]

527's were left out when it came to rule-making for quasi-corporate political groups. No one is quite sure what laws apply and how. Supposedly, and under the actual text of the law, the 60 day ban does not apply to 527's

60 day ban does apply to 527s. No corporate or union money can be spent on electronic communications in the 60 days prior to the November election. Individual donor money can be used 60 days prior, whether it's my money ($400) or Steven Bing's money ($10,000,000)

[LS]

You are so out of touch that I'm revlieved you are a Libertarian, and therefore harmless to real people who have to live in a real world. Have a nice fantasy life.

[dennisw]

And what happens when a 527 donates money to another 527? The Democrats are doing exactly this with their Joint Victory Fund, run by Clintonite Harold Ickes.
http://www.publicintegrity.org/527/search.aspx?act=com&orgid=684

Which is donating 21 and 13 million to two Democrat 527s. Is this money thus "washed clean" if it had a corporate or union origin? Can it be used within the 60 day run up?

[oblomov]

I understand that Badnarik lives in the basement of his parents' house, does not have a driver's license because he says he is "not a driver" and has a right to travel, has advocated not filing with the IRS for various reasons, among them old, frivolous tax protestor claims such as the idea that the 16th Amendment was never legitimately ratified. He also doesn't use ZIP codes since he thinks it would put him under jurisdiction of the Federal Government! Gotta go, the black helicopters are coming! (/sarcasm)

[mcshot]

Inspiring post!
Tought I even heard patriotic kick-ass music in the background.
Thx,

mc