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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: Rightuvu
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.

Wink wink. Nudge nudge.

Houston, we have a problem.

A lot has been said on these threads about the issue of Ashcroft's woes during the nomination hearings, centering on the question of whether or not he'd defend a law he disagreed with, specifically R. V. Wade.

Well, unless I'm missing something, there's a wide gulf between "a law he disagrees with", and "an unconstitutional law".

Is he now going on record saying that he will defend the constitutionality of a law that he understands to be unconstitutional?

If so, my, my, my...

81 posted on 03/21/2002 11:46:29 PM PST by Don Joe
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To: Don Joe
DJ, interesting point. I remember wondering back then if someone had gotten to him. With Clinton in power and a corrupt Justice Dept., who can say?
82 posted on 03/21/2002 11:47:08 PM PST by exit82
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To: StopDemocratsDotCom
[Feingold]said [he and other enemies of freedom] 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.

Oh? I'd like to see John Ashcroft's public statement regarding such. The President's own public statement questions the constitutionality of the bill. I'm betting the AG doesn't throw his whole weight behind defending this pile of tripe.

83 posted on 03/21/2002 11:53:28 PM PST by Recovering_Democrat
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To: Dane
"The issue is how many cases Starr has won in court."

You keep asserting that, but frankly I don't see how your repeated assertion translates to fact.

As far as I'm concerned, his history of dropping the ball on major cases that all known evidence seems to indicate he'd have won in a heartbeat is just as important as your "how many cases he won" rant, if not moreso.

84 posted on 03/21/2002 11:54:22 PM PST by Don Joe
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To: StopDemocratsDotCom
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.

How nice of the 'HOLE, McLame, and the other anti-Constitutionalists to TELL THE SUPREME COURT WHAT IT CAN AND CANNOT DO to the law. I'll laugh my @$$ off if they repudiate that particular "clause" FIRST as Unconstitutional, then set ahead ripping the entire thing to shreds. :)

85 posted on 03/21/2002 11:55:54 PM PST by Recovering_Democrat
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To: Recovering_Democrat
How nice of the 'HOLE, McLame, and the other anti-Constitutionalists to TELL THE SUPREME COURT WHAT IT CAN AND CANNOT DO to the law. I'll laugh my @$$ off if they repudiate that particular "clause" FIRST as Unconstitutional, then set ahead ripping the entire thing to shreds. :)

That would be nice. I was the plaintiff in a suit where the first order of business was to attack a restrictive clause in a contract that dictated terms under which a suit could be filed. Needless to say the terms were entirely to the benefit of the defendant, and entirely to the detriment of the plaintiff. So, such things are not entirely unheard of.

86 posted on 03/21/2002 11:58:41 PM PST by Don Joe
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To: Don Joe
As far as I'm concerned, his history of dropping the ball on major cases that all known evidence seems to indicate he'd have won in a heartbeat is just as important as your "how many cases he won" rant, if not moreso.

That's your opinion and you are entitled to it, but it still doesn't refute the facts that Starr has a good record of winning cases.

87 posted on 03/21/2002 11:59:23 PM PST by Dane
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To: exit82
The point is that it is easy to rant but when you are asked for facts, slamming is not the way to win. Fact is that Ken Starr is a highly respected lawyer that fought, I think rather well, the media, the rats, the shleeple, and gutless R`s, and got impeachment. Not bad. As you will remember, Starr didn`t present anything to the Senate.
88 posted on 03/22/2002 12:02:54 AM PST by bybybill
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To: Dane
That's your opinion and you are entitled to it, but it still doesn't refute the facts that Starr has a good record of winning cases.

Anyone who has the leeway to pick which cases to fight will be able to show off his impressive ratio of "cases won", unless he's got an IQ in the same range as his shoe size.

89 posted on 03/22/2002 12:12:11 AM PST by Don Joe
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To: Don Joe
Anyone who has the leeway to pick which cases to fight will be able to show off his impressive ratio of "cases won", unless he's got an IQ in the same range as his shoe size.

Oh please get off your high horse. You don't like Starr because he didn't fight the battles you thought he should. Like I said that is your opinion, but your bias cannot get in the way of the facts presented and those facts are that he has an impressive record of winning cases.

90 posted on 03/22/2002 12:18:40 AM PST by Dane
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To: StopDemocratsDotCom
What they do not realize is that by limiting unconstitutionaly and impractically the jurisdiction of citizens, citizens will be but forced to disobey the "law" if they are upright about their own nation. What is this CFR all about though in the end? After all, Clinton was known to take bribes from trial lawyers to get legislation signed and what not, yet we did nothing.

Campaign contribution restriction? For whom?

91 posted on 03/22/2002 12:22:30 AM PST by lavaroise
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To: StopDemocratsDotCom
Oh and Ken Starr pretending to stop CFR while he was unable to stop Klingtoon when it was so obvious he had obtained that one bribe. Sounds real hopeful to me.
92 posted on 03/22/2002 12:23:32 AM PST by lavaroise
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To: Brad Cloven
If you find out where to send the contributions for the fight, let me know. As I have Feinstein and Boxer for Senators, I haven't been able to do much about derailing the ENRON, Jeffords, McCain, news media freight train.

Still if the Supremes speak on this, it will kill it for a long time to come. As it is now, it's like Frankenstein shocked back to life every year.

93 posted on 03/22/2002 1:13:56 AM PST by patriciaruth
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To: lavaroise
Where's my hero Barry Richard when we so desperately need him again?
94 posted on 03/22/2002 1:18:47 AM PST by patriciaruth
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To: exit82
This case calls for a tiger to defend our freedoms, especially our First Amendment rights.

No, this calls for a top-notch constitutional lawyer, and that is Ken Starr. If you weren't so much in thrall to James Carville, you would remember that.

95 posted on 03/22/2002 2:04:54 AM PST by Lucius Cornelius Sulla
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To: Pern
We all saw his track record with the Klinton's.

Yes, he beat them in every case that came to court. You Carville-ites like the rest of us to forget this.

96 posted on 03/22/2002 2:06:49 AM PST by Lucius Cornelius Sulla
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To: takenoprisoner
And in what court praytell sir Dane will this be settled in the end? The Supreme court? What year? Give me your best shot

I am not Dane, but the law provides for expedited review, that is to say it will be argued immediately before the highest appellate Court below the SCOTUS. That Court will likely decide by the end of summer this year. Then it will go before the SCOTUS as soon as it starts meeting in October. It might be finished before it even takes effect (after this year's elections), it certainly will be finished before next winter is over.

You can take your meds now!

97 posted on 03/22/2002 2:18:32 AM PST by Lucius Cornelius Sulla
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To: SmartBlonde
Floyd Abrams is not going to side with a loser - HE must think this is a winner.

Besides being a big deal expensive lawyer, he is considered one the the leaders of the free speech left. This case will probably also involve the ACLU, the NRA, and Jay Sekulow, among many others, filing amicus briefs against this unconstitutional nonsense.

98 posted on 03/22/2002 2:24:51 AM PST by Lucius Cornelius Sulla
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To: patriciaruth
Where's my hero Barry Richard when we so desperately need him again?

I have not heard that he will take any part in this, but remember he is a Democrat and not known as a civil libertarian, so it is likely that he will once again be fighting on the same side as Ted Olsen -- in FAVOR of this abomination. Life is a b-tch, sometimes, isn't it.

99 posted on 03/22/2002 2:31:31 AM PST by Lucius Cornelius Sulla
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To: Dane
Oh, I'm sorry, did you have the exclusive franchise on high horses? Mea culpa and all that sh*t. How dare my opinion vary from yours! My nerve, eh?
100 posted on 03/22/2002 2:44:37 AM PST by Don Joe
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