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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: Lucius Cornelius Sulla
Thank you. In my case, you couldn't be farther off the mark. James Carville Serpenthead is one person I have zero respect for. He is one of the most polarizing agents in politics, for ill gain.
161 posted on 03/22/2002 7:55:51 PM PST by exit82
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To: ladyinred
If this abominable bill is signed into law, I pray you are right. Since 1992, nothing right seems certain in our society anymore.
162 posted on 03/22/2002 7:57:15 PM PST by exit82
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To: Lucius Cornelius Sulla
I missed the information about Ted Olson being in favor of this bill. Could you elaborate?
163 posted on 03/22/2002 8:42:02 PM PST by patriciaruth
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To: patriciaruth
So far as I can tell, NRA is going to challenge. I'm hoping the Club for Growth will challenge too, so I can donate to them and have the money work for either politics or constitutional challenge.

When I find a good target organization, I'll look up this thread and give you a jingle.

164 posted on 03/22/2002 9:31:40 PM PST by Uncle Miltie
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To: Judith Anne
Does this mean that hard money can be used for issue ads that refer directly to a candidate? Does is mean that NO issue ads can refer directly to a candidate?

Yes. Hard money, raised in $2000 increments will full disclosure of who contributed can be used. This would, however, impose large burdens-record keeping, the need for a separate account and fund raising, FEC registration, the need to disclose membership and contributors-on third parties who have never had to deal with those sorts of things.

165 posted on 03/23/2002 1:51:20 AM PST by the bottle let me down
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To: B. A. Conservative
Ashcroft's job is not to do what he is told. His job is to uphold the law and that includes enforcing the Constitution. He should be the one bringing this case to the Court, not McConnell.

Congress passed the law. That creates a presumption that a majority of the House and the Senate think that it is constitutional. The President is going to sign it. That will create a presumption that the President thinks that its constitutional. Therefore, the AG and the solicitor general have a duty to make any non-frivolous argument that may exist to defend the constitutionality of the law. That's the DOJ's job. Like it or not, there are non-frivolous arguments, based on the Buckley decision, that CFR is constitutional.

One of the many things that Reno's DOJ did wrong was to refuse to defend the Congressional response to the Miranda decision even though there were non-frivolous arguments in its favor. Just another reason why Reno was the worst AG in history.

166 posted on 03/23/2002 2:03:13 AM PST by the bottle let me down
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To: Congressman Billybob
It's hard, if not impossible, for the President ot order the DOJ not to defend a law that the President signed. The DOJ has to offer non-frivolous arguments in support of the law. If Bush does not belive that there are non-frivolous arguments in support of the law, he shouldn't sign it. You're a lawyer, so you know that there are non-frivolous arguments, based on Buckley's anti-corruption reasoning, that can be made.

Once again, the problem here is that Bush shouldn't sign the bill. GWB needs to spend some political capital, but Rove won't let him.

167 posted on 03/23/2002 2:12:15 AM PST by the bottle let me down
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To: patriciaruth
I missed the information about Ted Olson being in favor of this bill. Could you elaborate?

It's not the Olson thinks that the law is constitutional. In fact, I'd guess that there are parts of the law that he firmly believes are unconstitutional. all that has happened is that Ashcroft and Olson have said that they will do their jobs, which include defending the law. To quote myself:

Congress passed the law. That creates a presumption that a majority of the House and the Senate think that it is constitutional. The President is going to sign it. That will create a presumption that the President thinks that its constitutional. Therefore, the AG and the solicitor general have a duty to make any non-frivolous argument that may exist to defend the constitutionality of the law. That's the DOJ's job. Like it or not, there are non-frivolous arguments, based on the Buckley decision, that CFR is constitutional.

People have to remember that, as attorneys, Ashcroft and Olson have a duty to represent their client even if they think that their client should lose. As long as they aren't making frivolous arguments, and I'm sure that they won't, it is their job to defend the law.

168 posted on 03/23/2002 2:20:22 AM PST by the bottle let me down
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To: exit82
James Carville Serpenthead is one person I have zero respect for. He is one of the most polarizing agents in politics, for ill gain.

Agreed, which is why I find it so disturbing when good Freepers like yourself start repeating 'common knowledge' about men like Ken Starr which was invented by men such as Carville. He is like a disease, he creates the infection, and it infects the whole population, including people who despise him. I expect he is laughing himself silly seeing conservatives fighting each other based on a lie which he and his created.

I am particularly disturbed because blaming the defeat of impeachment on Starr is and has been used as a way of deflecting some of the blame from the Senate GOP, which is where it belongs. I don't feel like relieving Trent Lott of the blame for this, for the deal which gave control of the Senate to the Demcrats, or anything else.

A lot of folks have forgotten that under the rules in force up until the current Congress, committee chairman and control of the Senate was made for 2 year terms. If the actual majority changed in the Senate, as it did on occasion, that left the old chamber and committee structure as it was set up by the old majority. If Lott had not changed the rule, Pickering would have been sworn in the the Court of Appeals, and numerous other confirmations would have been made. GOP legislation would now be coming out of the Senate committees, which would still have Republican majorities. I don't want Lott given cover for his offenses by diverting the blame to an honest man like Starr, defeated by the wussies and RINOs in the Senate.

169 posted on 03/23/2002 2:54:00 AM PST by Lucius Cornelius Sulla
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To: patriciaruth;the bottle let me down
I missed the information about Ted Olson being in favor of this bill. Could you elaborate?

I never said that he favored the bill, only that he will be fighting in the SCOTUS to defend it. In #168 the bottle let me down gives you a good and succinct statement on this.

170 posted on 03/23/2002 2:59:08 AM PST by Lucius Cornelius Sulla
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To: Brad Cloven
Thanks. I definitely want to be in on the fun.
171 posted on 03/23/2002 3:18:32 AM PST by patriciaruth
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To: Lucius Cornelius Sulla; the bottle let me down
Now there's a couple of Freudian FReeper names. LOL! Thanks for the clarification on Olson.
172 posted on 03/23/2002 3:42:03 AM PST by patriciaruth
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To: Lucius Cornelius Sulla
Good morning. You make an excellent point about spineless Lott's role in the defeat of X-42's impeachment. My criticism of Starr, though, is not based on anything Serpenthead has said, I just want to be clear about that. It's my opinion based on how he conducted his investigations, how he handled the media, and how he handled certain witnesses. We differ, and that's the beauty of FR, we're still fellow Freepers.
173 posted on 03/23/2002 4:18:11 AM PST by exit82
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To: exit82
It's my opinion based on how he conducted his investigations, how he handled the media, and how he handled certain witnesses. We differ, and that's the beauty of FR, we're still fellow Freepers.

Naturally, and I have not studied this as much as you have. I have enough trust in the national conservatives activists, including the ACU, the NRA, as well as a non-RINO like Senator McConnell to accept their judgement on things like this.

We really have little choice, but to hiss from the sidelines, since this is no longer a matter of politics, but of maneuvering by DC-based activists, and especially of law suits. I see our position as being informed passengers on a ship in a stormy sea, we must trust the officers and crew, or give up in despair.

174 posted on 03/23/2002 4:27:27 AM PST by Lucius Cornelius Sulla
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To: Lucius Cornelius Sulla
I'll be happy to hiss with you from the sidelines, but I know where my lifejacket is stashed, and I stowed one away for you too!

Also, I apologize for the "tone" of my response #155, to you. The ship we're on isn't that big.

175 posted on 03/23/2002 5:04:29 AM PST by exit82
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To: exit82
The ship we're on isn't that big.

I know, and appreciate your comments, I was feeling more than a little snappish yesterday myself. As for the life jacket, if you've looked at my homepage you know that I think it likely we are going to need a lot more than that, and in the not too distant future too!

176 posted on 03/23/2002 5:11:15 AM PST by Lucius Cornelius Sulla
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To: the bottle let me down
Yoour final line, that "Rove would not let Bush spend the political capital to veto CFR," is probably the plain, unvarnished truth. But since the political decision has been made, these last-minute campaigns to get Bush to "uphold the Constitution" will fail.

So, from 15 minutes after the White House "he'll sign it" memo was posted on FreeRepublic, I have focused my efforts on what will go into my brief to the Supreme Court asking it to strike this law. That's all that stands between us and a cripppling of the First Amendment, So that's where all my efforts are going.

Billybob

177 posted on 03/23/2002 5:24:25 AM PST by Congressman Billybob
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To: Lucius Cornelius Sulla
I had wondered where you got your screen name from. Let's hope that this is one time we learn from history, rather than ignore it.
178 posted on 03/23/2002 5:37:21 AM PST by exit82
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To: exit82
I have long believed that only divine providence could save us, and that far too many people in this country do not deserve that intervention. (Of course no one really deserves God's help, but far too many in this country REALLY don't).
179 posted on 03/23/2002 5:42:29 AM PST by Lucius Cornelius Sulla
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To: Congressman Billybob
It will be interesting to see which parts of the law McConnell and company seek to have struck down. The $2000 hard money limit as applied to condidates is clearly constitutional under existing law, so I'd guess he'll leave that alone. I would like to see him challenge the incombent protection provision that triples this limit if the opponent is a self financing millionaire. I can't understand why a $5000 contribution creates an appearance of corruption unless the opponent is self financing and spending his own money.

Are you also planning to file an amicus brief during the initial hearing? It seems to me that this is chance to challenge as much of hte law as possible. The Supreme Court would presumably limit the scope of its grant of certorari.

180 posted on 03/23/2002 9:34:00 AM PST by the bottle let me down
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