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Ken Starr to lead court battle against CFR
AP VIA Yahoo.com ^ | 03-21-02 | By JIM ABRAMS

Posted on 03/21/2002 8:01:13 PM PST by StopDemocratsDotCom

LET'S GET READY TO RUMBLE.....
Sen. Mitch McConnell is expected to be the lead plaintiff in the case, said Thursday that his legal team would be led by Starr, who gained national prominence in his pursuit of former President Clinton over the Whitewater land deal and the Monica Lewinsky case, and by First Amendment lawyer Floyd Abrams.

"This is a mission to preserve the fundamental constitutional freedom of all Americans to fully participate in our democracy," said McConnell, R-Ky.

The Senate on Wednesday passed and sent to President Bush the most far-reaching campaign finance legislation in the past quarter-century. It bans the hundreds of millions of dollars in unregulated "soft money" that corporations, unions and individuals give the national political parties and restricts in the final days before an election the use of soft money for "issue ads" that name a candidate, often with the purpose of attacking him.

Bush said the bill is "flawed," but promised to sign it because he said it improves the system overall.

McConnell said opponents plan to file their lawsuit before a three-judge panel in U.S. District Court in Washington, D.C., with the expectation that it would move quickly to the Supreme Court.

"These are perilous waters into which the Republic has now sailed," Starr said at a news conference with McConnell. "The questions are grave, the questions are serious. It is now time for the courts to speak authoritatively to what the Congress has chosen to do."

Sen. Russ Feingold, D-Wis., who sponsored the campaign finance bill in the Senate with Sen. John McCain, R-Ariz., said he believes the measure protects First Amendment rights. He said they will assemble their own legal team, and he has Attorney General John Ashcroft's assurance that the Justice Department would defend the statute's constitutionality.

The legality of campaign finance legislation has been an issue since the last effort to limit campaign spending in 1974. In 1976, in Buckley v. Valeo, the Supreme Court ruled that Congress could set limits on contributions, but that limits on spending violated free speech rights.

McConnell and his team said they would focus on a provision that bars the use of soft money 30 days before a primary or 60 days before a general election for "issue ads" that refer directly to a candidate.

Supporters of the bill say anyone can run issue ads as long as they use highly regulated and limited contributions "hard money." Under the legislation, the most that an individual can contribute in hard money to a candidate per election would be $2,000, double the current ceiling.

Senate Majority Leader Tom Daschle, D-S.D., said he voted for the issue ad provision because "we think it's a very important contribution to the overall new framework we're trying to create with this bill."

But he added there is a clause in the legislation to ensure that the rest of the bill is unaffected if one part of it is struck down in the courts.

The bill would take effect Nov. 6, the day after this year's congressional elections. McConnell said they would like to see action on their challenge before then.

Other members of McConnell's legal team are: James Bopp, general counsel for the James Madison Center for Free Speech; Bobby Burchfield, an election lawyer who was involved in the Buckley v. Valeo case; Washington election lawyer Jan Baran; and Kathleen Sullivan, dean of the Stanford University Law School.

He said other corporations, unions and interest groups that oppose the bill are also expected to join him as plaintiffs.

___

The bill is H.R. 3256.


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: campaignfinance; cfr; kennethstarr; kenstarr
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To: StopDemocratsDotCom
The bill is H.R. 3256.

Correction: H.R.2356.

foreverfree

141 posted on 03/22/2002 8:00:43 AM PST by foreverfree
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To: Dane
All I was stating is that Starr has won a lot more cases than he has lost and those are the facts.

Here's a little fact to consider.

Starr allowed the Whitehouse to keep the FBI files for YEARS after he told the public it was illegal for the Whitehouse to have those files. He never said one word when the Whitehouse and FBI LIED that the files were returned. We only found out about this when Ray admitted it during a live interview on TV towards the end of Clinton's 8 years. So is Starr HONEST enough to trust? Could Starr perhaps be in the democRAT camp? Afterall, Starr was the #2 name on the list of people suggested by Clinton for Independent Counsel (after Fiske's). Do you think Clinton would put a name on such a list that he didn't have some measure of control over? Does someone have Starr's FBI file and might that file be used to influence his "performance" in this case?

In fact, wasn't Starr about to return to academia (that hotbed of liberalism) when Monica surfaced? But did Starr "discover" Monica, or did she surface because questions were finally be raised about Ron Brown's death several years earlier? Perhaps Clinton knew he needed a distraction that would keep the eyes off Brown while he straightened that matter out (with a few judicious bribes to black "leaders" like Jackson)? What better distraction than all the sorbid details of an affair with an intern? And surely he knew that even if the matter reached the Senate, his democRAT pals would never convict over a little thing like his sexual piccadillos and with the FBI files (that Starr let him keep) he could blackmail a few key Republicans (like Trent "your not dumping this garbage on us" Lott). Monica could be spun and controlled. But Brown, a MASS MURDER, could not. Are you sure we can trust Starr?

142 posted on 03/22/2002 8:29:59 AM PST by BeAChooser
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To: bybybill
LMAO thats the best reply to the fruit squad I have heard since the Starr bashing began.
143 posted on 03/22/2002 8:36:31 AM PST by linn37
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To: Howlin
CLUE: It's the law.

CLUE: I know that. I don't have to like it in this case, but I know that.

Obviously, Ashcroft must do what he has to do. I am just disappointed that things have come to this point. I'm not a Bush basher but I do believe he's 180 degrees away from where he needs to be pointing on this issue.

Okay?

144 posted on 03/22/2002 9:04:58 AM PST by Colonel_Flagg
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To: Colonel_Flagg
Well, I don't agree with the bill either, but on this issue, we might have to agree to disagree; we cannot pick and choose the laws we want to enforce like the Clintons did.

Also, I like Ken Starr and think he's gotten a bad rap.

Be patient. Watch him work. I hope you'll be pleasantly surprised.

145 posted on 03/22/2002 9:18:58 AM PST by Howlin
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To: StopDemocratsDotCom
Under the legislation, the most that an individual can contribute in hard money to a candidate per election would be $2,000, double the current ceiling.

I was just listening to Rush Limbaugh, and he said that there is an exception to that limit: if one's opponent is a rich guy financing his campaign with his own money, the hard money limit of the first candidate is raised to $6000.

I haven't read the legislation, but it seems to me that
if a candidate enlisted a rich dummy candidate (either in his party for the primary election or in one of the minor parties for the general election), then he could inflate his hard money contribution limit to $6000.

146 posted on 03/22/2002 9:20:23 AM PST by heleny
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To: the bottle let me down
It is wrong to state that the Attorney General and the Solicitor General are required to defend any federal law which is challenged as unconstitutional. On at least five occasions a President has instructed the legal represenatives of the US NOT to defend a particular law that is under sttack. President Bush can do this, with this law, now.

Neither General Ashcroft nor General Olson should be required to defend a law that I'm reasonably certain neither one approves of or considers to be constitutional. There will be plenty of lawyers in the case on the other side, representing People for the (Un)American Way, for instance, who will mount a full defense of the law.

Congressman Billybob

Last 2 days: "The Truman Factor."

147 posted on 03/22/2002 9:38:50 AM PST by Congressman Billybob
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To: mwl1
You are incorrect. This case will have accelerated standing in both the district and appellate courts, including the US Supremes. It is on a legal fast-track.

Alas! You appear to have missed the point of my prior remark. I was not complaining about how rapidly the courts might move in this matter; my concern was the speed at which Ken Starr moved---at least as evidenced in his procedures with Willie the Slick.

If Starr moved any slower he would have gone backwards.

148 posted on 03/22/2002 9:53:19 AM PST by curmudgeonII
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To: bybybill
I said before, I say again, Shays-Meehan has some provisions that are so blatantly unconstitutional that a blind lawyer with Tourette's syndrom could have them thrown out. We -- which means all the First Amendment lawyers in this case -- will get either parts of this law or all of this law thrown out by the Supreme Court.

The results in this case do not depend on Ken Starr. I said before, I repeat it now. IF WE DO NOT GET THIS LAW THROWN OUT I WILL RESIGN FROM THE BAR OF THE US SUPREME COURT. I am putting not just my reputation for accuracy on the line, I am putting my profession on the line.

And for those who think this might drag on for years, it will be decided in less than six months from the trial court decision. Since the challengers are "filling right after President Bush signs the bill" that means a decision possibly BEFORE the November election, but certainly early in 2003.

I was involved as a low-level lawyer in the first challenge to federal election law, Buckley v. Valeo, 1976. The Supreme Court in that one tossed out the law six months after the challenge was filed in trial court. Been there, done that, bought the T-shirt.

I'm not guessing or speculating. I'm speaking truth here, based on decades of experience. You can take that to the bank. This law is toast.

Congressman Billybob

Last 2 days: "The Truman Factor."

149 posted on 03/22/2002 9:58:42 AM PST by Congressman Billybob
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To: Howlin
Be patient. Watch him work. I hope you'll be pleasantly surprised.

I hope so too, Howlin. Also, I hope you don't take my earlier note as a flame. It sure wasn't intended to be. I try to take Reagan's First Commandment as seriously as I can.

150 posted on 03/22/2002 9:59:45 AM PST by Colonel_Flagg
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To: Congressman Billybob
The whole law or the blatant unconstitutional provisions therein?... I thought Congress protected portions of it via severability.
151 posted on 03/22/2002 10:04:06 AM PST by mwl1
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To: B. A. Conservative
It's all double talk. Congress has no power to restrict how you spend your political dollars.

Actually, this is not true. The Supreme Court has made decisions ratifying the right of Congress to regulate political money. The court found that limits on campaign contributions are indeed constitutional because they are crafted to negate the inevitable corruption that results when politicians rely too much on money.

152 posted on 03/22/2002 10:04:11 AM PST by eaglebeak
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To: mwl1
There IS a severability clause in this law. However, there are two circumstances in which the Court has, in prior cases, struck the whole law rather than just the offending provisions. There is a fair shot at throwing the whole law out. It is a slam dunk to throw out the ad ban provision, for instance.

Billybob

153 posted on 03/22/2002 10:15:54 AM PST by Congressman Billybob
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To: Congressman Billybob
I've noticed the article said that Ashcroft has told Olson DOJ will defend the law.

What's missing is the fact that there is nothing there saying they have promised to do a good job defending said POS law.

154 posted on 03/22/2002 10:18:21 AM PST by hchutch
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To: Lucius Cornelius Sulla
I don't need a lecture from you on what to remember. Who are you to say who I am in thrall to? You love Ken Starr. I don't. Talk to the hand.
155 posted on 03/22/2002 12:30:31 PM PST by exit82
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To: bybybill
I didn't rant--I presented facts. When I was asked to name a case that Starr lost in court, I did so. I don't mind discourse and I am willing to learn, but there is no need to address me sarcastically as a "legal expert" unless I claimed to be such, which I did not.

Notwithstanding the above, the opinion in your last post is one I can respect. I just differ in my view of the same events from yours.

156 posted on 03/22/2002 12:35:59 PM PST by exit82
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To: LaGrone
A slam dunk would be wonderful.
157 posted on 03/22/2002 12:43:49 PM PST by exit82
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To: Colonel_Flagg
I know I am getting in the arguement a little late, but Ashcroft is charged with enforcing the law while the USSC in charged with interpreting the laws. The minute it is declared unconstitional then Ashcroft drops it.
158 posted on 03/22/2002 1:02:40 PM PST by KC_Conspirator
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To: exit82
Who are you to say who I am in thrall to?

Well I tend to find that folks who say that 'Everyone lies about sex', or 'Republicans just hate Clinton' or 'You love Ken Starr', have been influenced by the work of James Carville somewhere along the line. Perhaps, 'in thrall to' is a little strong'

159 posted on 03/22/2002 2:26:35 PM PST by Lucius Cornelius Sulla
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To: exit82
But hopefully the Supreme Court will recognize the constitutional issues and overturn the law. If they are as glaringly apparent as everyone here says, they will.
160 posted on 03/22/2002 2:44:21 PM PST by ladyinred
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