Showing posts with label investigation. Show all posts
Showing posts with label investigation. Show all posts

Saturday, December 10, 2011

Attorney General George Costanza

Attorney General Eric Holder may have no clue what's going on in his Justice Department, but the situation is crystal clear to Florida's Republican Congressional Representatives (see my post yesterday with Representative Sandy Adams grilling Holder).

Here's a clever little video put together by Representative Dennis Ross' office:

Friday, December 9, 2011

Fast and Furious: I don't want resignations, I want handcuffs

The more I learn about Fast and Furious, the angrier I get. Recent congressional testimony by Attorney General Eric Holder and his subordinates is making it clear that the entire AG's office is infected with epidemic-level incompetence, stupidity, corruption, or a combination of the three.

Free advice for Eric Holder: your goal should be to appear incompetent, because the alternative (liar) makes prison a solid possibility.Thu Dec 08 18:11:39 via Echofon

Tuesday, October 11, 2011

High five to Congressmen Stearns and Issa!

On the rare chance that Members of Congress can be trained the same way you train a puppy, let's try a little positive reinforcement. After the jump, I share stories of two Congressmen who I think deserve a high five.

Tuesday, June 28, 2011

More on Beth Dillaha's ethical problems

The Winter Park/Maitland Observer published their own article yesterday about former Winter Park City Commissioner Beth Dillaha's latest ethical problems:

Winter Park/Maitland Observer | Dillaha's mailer violated election law, state attorney says
The anti-Sarah Sprinkel mailer that went out before the March 8 election was commissioned by then-outgoing Winter Park City Commissioner Beth Dillaha, and it violated a state election law, according to the state attorney's office...
Community activist William Graves was listed as the financier of the mailer, but later said he was not behind it after a developer and former City Commission candidate threatened to sue him over its content. In an interview with the Observer in March, Graves declined to reveal the author of the mailer or where the money came from.

That secrecy frustrated [City Commissioner Steven] Leary, who spoke out against anonymous mailers at Monday's meeting. 

"Transparency and anonymity are contradictory," Leary said...
And in case you missed it, my blog post from yesterday:
Sunshine State Sarah | How to Speak Winter Parker: "Dillaha" Means "Hypocrite."
Next week, the Winter Park City Commission will be voting on a resolution to send to the Florida Elections Commission, condemning these anonymous mailers. As I noted yesterday, Pete Weldon's complaint is being sent to the FEC for further investigation.

Also, the letter from the State Attorney's investigator and the Observer article linked above both mention that the mailers "appear" to have complied with the statutorily required disclaimer. However, by my reading of the Florida Statutes, this is not the case.

I'm going to try and avoid getting into an overly complicated legal analysis, but in general, because the exact identities of the persons, companies, or organizations who paid for the mailer have not yet been disclosed, I cannot say specifically which statute would govern the mailer. Independent expenditures, electioneering communications, and political committees are the possibilities for how the mailer should have been organized, paid for, and reported. The bottom line is that all of the statutory disclaimer rules require disclosure of who paid for the ad, so providing false or misleading information in the disclaimer complies with neither the letter nor the spirit of Florida's election laws.

So, let's look at the actual language of the Florida Statutes. Here are the relevant subsections setting forth the disclaimer requirements for independent expenditures, electioneering communications, and political committees:

Independent expenditures:
Section 106.071(2). Any political advertisement paid for by an independent expenditure shall prominently state “Paid political advertisement paid for by (Name and address of person paying for advertisement) independently of any (candidate or committee).”
Electioneering communications:
Section 106.1439(1). Any electioneering communication, other than a telephone call, shall prominently state: “Paid electioneering communication paid for by (Name and address of person paying for the communication).”
Political committees:
Section 106.143(1)(c). Any political advertisement made pursuant to s. 106.021(3)(d) must be marked “paid political advertisement” or with the abbreviation “pd. pol. adv.” and must prominently state, “Paid for and sponsored by (name of person paying for political advertisement). Approved by (names of persons, party affiliation, and offices sought in the political advertisement).”
Note the words I've highlighted in bold. Florida law requires disclaimers in political advertisements to disclose the identity of who paid for it. Listing a fake name, or the name of a person who is not the actual one who paid for the advertisement does not comply with the Florida Statutes. 

Because the mailer that Beth Dillaha organized to attack Sarah Sprinkel listed William Graves in its disclaimer but he was not the one who actually paid for it, the mailer is not in compliance with the statutory disclaimer requirements.

Monday, June 27, 2011

How to Speak Winter Parker: "Dillaha" Means "Hypocrite."

Former Winter Park Commissioner Beth Dillaha (pictured, left), loves to tell other people how they should live their lives. Never content to simply disagree, she frequently accuses her opponents of being motivated by unethical causes.

Anyone who has followed Winter Park politics for any period of time can cite multiple examples of what the Winter Park/Maitland Observer has described as her practice of making "political enemies out of those who disagreed with her" (Staff Opinion, March 9, 2011). In her support for the failed Hometown Democracy constitutional amendment, she repeatedly accused those opposed to this growth-destroying measure as being in the pockets of developers and special interests (See, e.g., Winter Park/Maitland Observer, Letter to the Editor, January 28, 2010). You may remember my blog post from last year about Craig Miller's use of Dillaha's false attacks on Karen Diebel in a mail piece, and Pete Weldon has done an excellent job over the past few years documenting Dillaha's nasty little habit of claiming moral superiority while falsely attacking her opponents (see here, here and here).

Dillaha has been especially self-righteous on the issue of campaign finance, making a pledge in 2007 not to accept corporate contributions to her campaign, and to limit individual contributions to $250.00 (instead of the $500.00 which was the legal limit). Dillaha then turned around and violated her own campaign promise just a few months later, accepting $8,000.00 (almost 20% of her total contributions for the race) from companies controlled by former Winter Park Mayor David Strong. As she is wont to do, she then spun around again a few years later and pretended none of this had ever happened, arguing that corporate contributions and bundled contributions were unethical in 2009 when Winter Park was in the process of revising its Ethics Codes and election procedures.

...which brings us to this year. During the 2011 Winter Park City Commission elections, a mailer that attacked candidate Sarah Sprinkel was sent to approximately 8,000 Winter Park residents. The mailer had a disclaimer that said that "William Graves, 30458D George Mason Avenue, Winter Park, FL 32792" had paid for it, but Mr. Graves admitted that he was not actually behind the mailer, that someone else had created and paid for it ("Developer says he was defamed," Winter Park/Maitland Observer, March 16, 2011).

Florida's election laws require all political advertisements to clearly disclose who paid for them, and for regular campaign finance reports. In this case, the mailer attacking Sprinkel (1) did not have an honest disclaimer, and (2) no campaign finance reports were made disclosing who paid for the mailer.

[Side note: this is very similar to the issue that sent Doug Guetzloe to jail, sending out an anonymous attack mailer in a Winter Park city election. Hmmm...]

Pete Weldon filed a complaint with the Winter Park Police Department regarding the Sprinkel mailer, and the matter was referred to the Ninth Judicial Circuit State Attorney's Office for investigation. You can read Weldon's original complaint here and see the response from Roger Floyd's investigation here.

What the investigation by the State Attorney's Office revealed was that Beth Dillaha was behind the mailer attacking Sprinkel, that she had intentionally taken steps to keep the financial backers of the mailer anonymous, and that she had failed to file the proper reports to form a political organization and also failed to file any campaign finance reports whatsoever. (Note: the letter from Floyd to Winter Park Chief of Police asks whether Dillaha might have filed paperwork to form a political committee with the city; I confirmed this morning that she had not.)

Weldon forwarded a copy of his complaint and the response from the State Attorney's Office to the Winter Park City Commission on Friday, commenting:
It is a great disappointment to me and I trust to all Winter Park citizens to discover that [Beth Dillaha,] a Winter Park city commissioner, and one who has consistently brow beaten others for their perceived ethical lapses, is at the very least the coordinator of malicious, anonymous election mailers.

This matter is now being sent to the Florida Elections Commission for further investigation. Hopefully the City of Winter Park Ethics Board will also undertake its own investigation. These type of ugly, anonymous attacks have been going on in Winter Park for far too long. [Note that while I am not aware of any criminal charges being brought, there are procedures to pursue criminal investigations in connection with an FEC Complaint.]

By her own conduct, Dillaha has proven, once again, that she is an extremely unethical and hypocritical person. I have always been a strong advocate for transparency in election and campaign finance laws, and I am disgusted by her deliberate circumvention of laws designed to provide voters with fair and timely information about who is trying to influence our elections. Even if Dillaha discloses the names of her co-conspirators who paid for the mailer, it is now over three months since the election.

Beth Dillaha, and those who supported her in this unethical activity, should be ashamed.

Creative Commons License

Creative Commons License
Permissions beyond the scope of this license are available here.