Russell Olson has found his terrorist! Last summer, the Senate Majority Leader whined (oops, that's redundant) that the unnamed Republicans criticizing him and his fellow legislative leaders were "terrorists."
Criticizing Russell Olson is both legal and easy. But luckily for Russ, criticizing him anonymously within sixty days of an election is illegal. Such is the basis of the criminal charges filed in Lake County yesterday against Daniel Willard, Sioux Falls libertarian activist and now candidate for state GOP chairman. Willard allegedly included Senator Olson on his very selective list of robocall receivers. According to the charges, Willard paid for robocalls to Senator Olson's cell phone on September 12 and September 17. The first call criticized House Majority Leader David Lust; the second criticized Senator Olson specifically for his "terrorism" comment and vote to reduce education benefits for National Guard soldiers.
Willard denies that he had anything to do with these calls. He'd better hope so, because if he did, he's courtroom toast. The robocalls, postcards, and e-mails that the anti-GOP leadership cabal sent in the summer were all fun and games, but the calls Olson and others received after September 7 clearly violated the 60-day-prior ban on electioneering communications. The anonymous defense offered in September that the calls merely expressed "editorial opinions" won't beat the very clear language of SDCL 12-27-16:
...Any person or organization that makes an expenditure, including the payment of money or exchange of other valuable consideration or promise, for a communication that clearly identifies a candidate or public office holder, but does not expressly advocate the election or defeat of the candidate or public office holder, and that is disseminated, broadcast, or otherwise published within sixty days of an election shall append to or include in the communication a disclaimer that clearly and forthrightly:
(a) Identifies the person or organization making the expenditure for that communication; and
(b) States the address or website address of the person or organization.
The robocalls identified candidates and public office holders. The robocalls did not sufficiently identify their sponsor. The robocall sponsor thus broke the law. Willard's only hope of beating that rap will be to take Olson's whining to the Supreme Court and argue First Amendment. But Willard will not win that argument and, post-Citizens United, we should not want him to win it. South Dakota campaign finance law is not restricting anyone's ability to speak; it is only requiring that, sixty days before an election, speakers put their names to the words. Willard does that in my comment section; he should be willing to do that on the campaign trail.
If the GOP lawyers find Willard's fingerprints on the phone calls, he will lose in court. However, Willard's failure to follow election law doesn't mean he can't serve as state GOP chairman. After all, Rep. Brian Gosch clearly violated notary law, and the Republicans still elected him Speaker of the House.
"After all, Rep. Brian Gosch clearly violated notary law, and the Republicans still elected him Speaker of the House."
The case was thrown out of court due to a technicality. The GOP also had a state senator who was convicted of violating notary law prior to getting elected. But since Williard is a conservative/libertarian and not part of the Establishment, the SDGOP Establishment is stomping him into the ground. Pat Powers is using his IP log to put Williard's job in peril. And that is how a fascist regime that believe the little guy needs to pay taxes so they can give $5 million to a French cheese maker, so the little guys can have a job, and all in the name of economic development. And if the little guys don't like it and gets too vocal, you can forget about having a job in corporate South Dakota. In such an environment, the only way for the little guy to have free speech is through anonymity. Pat Powers was for protecting anonymous speech in order to protect is anonymous cowards who comment on his blog. But when it comes to vocal conservatives, they want to knew who they are so the thugs can do their damage. And Pat Powers is one of the Establishment's thugs. How in the heck did someone like that get put into the SOS office? Oh yeah, he is part of the Establishment.
One more point, seems like it is OK for a governor to use anonymous robo calls to help put into place legislators who will approve giving $5 million to a French cheese maker. And isn't that project happening in Powers' home town?
Sibson for Governor!
Hand it to the Republican Party in South Dakota, they really know how to use their powers in office to reward pals and crack the skulls of those who step out of line.
In Pierre, deemed one of the most corrupt state capitals in the nation, we have a:
- Secretary of State who housed a political consultant business on the side which guaranteed public endorsements of primary candidates in return for some bid’ness for the consultant biz. It’s a Secretary of State who seeks to suppress Native American votes, won't do his job to offer complete explanations of ballot issues, and ignores the legal violations of pet primary candidates to keep them on the ballot.
- Governor who robs education and health care so he can bundle welfare for corporations, even when voters reject his actions. Those tax handouts come in real handy for the Governor’s Club and other campaign contributions. And for a second consecutive administration, we have a Governor who views state government as a full employment mandate for family members.
- Public Utilities Commission that offers a rubberstamp to power companies for their rate hikes and allows TransCanada to use eminent domain many months before they have State Department approval to ram their foreign pipeline through South Dakota properties. It’s the same PUC that dropped the ball on Anderson Seed Co. scandal and let South Dakota farmers get ripped off in the millions of hard-earned dollars.
- Attorney General who throws the full weight and bombast of his office and law enforcement agencies to stomp on a dummy for failing to tag a campaign disclaimer on his pac’s robo-calls against kingpin Republican legislators. This is the same Attorney General who ran a Louis the Cop investigation of the corrupt Secretary of State’s office and wasted state resources to help the Tea Party-led frivolous lawsuits against Obamacare and pledged to fight every initiative put forth by the Obama Administration. Perhaps his title should be changed to Obstruction General.
So, what else is new?
Yes, it’s the same old story in Pierre, except when we had to endure Janklow, Barnett, Rounds and their entourages of desk shufflers in the State Capitol, the corruption wasn’t so blatant and naked.
I don’t expect news reporters to do a competent job of reporting on these bad actors. I don’t expect voters to suddenly awaken from their coma and replace the desk shufflers. Apparently, the disgrace and incompetence hasn’t risen to a high enough level in the public discourse to warrant the dismissal of the Pierre power clique.
After 33 years of unfettered one-party rule, maybe that day will never come in this state. Just hold your nose and soldier on, folks. Soldier on.
"I don’t expect news reporters to do a competent job of reporting on these bad actors."
Don't blame the reporters. They will report, but the publishers will but a stop to it in order to protect their advertising revenues, which is their life-blood just like paychecks are to slaves.
"...just like paychecks are to slaves"?
Huh?
So, if you work and don't get paid, you're a free man?
Whew, Sibby.
You are so out there sometimes, man.
Bill, you may be a great employer but wage slavery still pervades:
http://www.bloomberg.com/news/2012-12-12/mcdonald-s-8-25-man-and-8-75-million-ceo-shows-pay-gap.html
"So, if you work and don't get paid, you're a free man?"
Why do you have problems with small business owners Bill? Isn't that what you are?
Incarceration rates are the highest in the US, Native kids are being sold to white families by DSS and Marty Jackley showboats for the GOP masses with this witch hunt: how conservative.
Steve, Larry, let's not get into the Orwellian doublespeak, okay? Leave that to the neo-cons, the fascists and the delusional conspiracy theorists.
In my world, words still mean something, and "wage slave" is an oxymoron. Especially in the context of news reporters. I admit that language is tenuous at best, but until something better comes along it's the only game in town.
...and yes, I have 8 employees. None of them are wage slaves. On the contrary, there have been quite a few years when some of them took home more money than I did. Sometimes us small business owner's gotta wonder "who's workin' for who around here?"
Bill, there is an argument that says "wage slaves" in the North were worse off than the "unpaid slaves" in the South during the 19th century. There is also an argument that today's illegals are also "wage slaves". So I will continue to use the words that I choose to use and not let you tell what I can and cannot say.
http://en.wikipedia.org/wiki/Wage_slavery#Capitalism
Suit yourselves, guys. I'm not buying it. It's an insult to those who have suffered and continue to suffer from real slavery conditions.
http://dakotawarcollege.com/interesting-comments-under-the-robocall-posts-and-others/
http://siouxfallsbusinessjournal.argusleader.com/article/20121210/BJUPDATES/121207021/S-D-retains-top-ranking-bank-assets
DCI filed these charges? Where was your AG? Charges are all misdemeanor violations of SDCL. Nothing federal.
Haven't been able to find Wells Fargo's contributions to Jackley yet: will keep looking.
Exactamundo, Taunia! This manhunt far, far, far exceeded the seriousness and harm from the crime ... not that I don't enjoy watching an uber right wing toadie getting crushed. The zeal and heavy-handedness is just insane, proving what an amateurish hack the AG has become. Must've run out of wings on his private collection of flies.
Willard's timing is terrible. Announcing his candidacy for GOP chariman on the same day he's charged with violating election disclosure laws for anonymously attacking GOP elected officials. I guess he thought he wasn't going to get caught.
But who knows? Maybe there is critical mass in the SD GOP to elect a proponent of the circular firing squad as their leader. You got enough votes, Sibby?
Material for a sitcom...
Wells Fargo is a Jackley campaign contributor:
http://www.followthemoney.org/database/uniquecandidate.phtml?uc=141494
Wells Fargo is a Jason Gant contributor:
http://www.followthemoney.org/database/uniquecandidate.phtml?uc=6934
And Pat Powers is defensive about the Federal Reserve. Increasing the Money Supply, which they just did yet again, causes the inflation that makes all of us, (except those who get to spend the new money first) more poor.
Stock market liked Fed's new plans. It's a better plan for employment than what's coming through congress right now.
Powers can't keep a job at SoS's office. No one is looking to him financial advise.
Having trouble finding any inflation o here lately, Sibby.
Maybe you can review this chart with us and point some out:
http://www.usinflationcalculator.com/inflation/current-inflation-rates/
Larry: Wells F gave Jackley $250 and Gant $300. Is that what you see?
Yes, T. Small perhaps, still digging, more here:
https://madvilletimes.com/2012/03/south-dakota-third-in-nation-in-public-corruption-convictions/
http://www.publicintegrity.org/2012/10/24/11603/south-dakota-campaign-funds-move-sideways
Elizabeth Warren joined two other liberals on Senate banking committee while South Dakota looks like the Cayman Islands of the US: fur could fly.
Wells Fargo has given more to don Juan Thune while Citibank gave more to Senator Johnson.
Wells Fargo has given a wad to Noem, too while Citibank has not:
http://www.opensecrets.org/politicians/contrib.php?cid=N00032022&cycle=2012&type=I&newMem=N&recs=100
Lora Hubbel weighs in:
http://politicalsmokeout.tumblr.com/post/37728670558/heres-the-complaint-and-affidavit-in-sd-v-willard#
Steve hit a high point today. Prosecuting somebody for anonymous political calls, but not hauling in every anonymous blog poster dumping in political cant and mythology so rank that it is easy to believe they are being paid to it is the height of hypocrisy.
I am wondering if any anonymous Republicans have ever been prosecuted in SD for attacks on Democrats. It may have happened, but I am not going to chase that.
Maybe we Dems should invoke the 14th Amendment and demand equal protection under the [overlooked] laws. ;^)
p.s. Quite the circular firing squad going on at DWC lately, huh? Yikes. After all these years of trying to fight those folks, it turns out that maybe all we had to do was let them win so they could turn on each other.
Wiken has a problem with the First Amendment now. Some people support Liberty when it suits them, and despise it when it doesn't.
which amendment(s) do you despise, BS?
I don't see a reason to despise any of the Amendments. What about you Larry?
Bree finds another strawman. I do not despise the first amendment, but some interpretations are a bit looney. I indicated my distaste for hypocrisy of the GOP prosecutors.
As I indicated at SD War Collage, I don't care for any robo-callers of any party or any business, but this Republican might warrant a $50 fine and a pledge not to do it again. Citizen's United case has dumped tons of dark money into partisan action organizations. Even if the disclaimer says, "Paid for by the Sterling Americans for God Committee", we don't know where the dark money came from that support those organizations.
Speaking of which, PBS-TV evening news rebroadcast has Grover Norquist trying to present a logical reason to resist all tax rates for his rich supporters. He has turned partisan hackery into a very lucrative business. He has both his own and his supporters reasons for evading taxes on the very rich.
I see. You were making an off-the-wall comment for effect. That's understandable. We are in agreement on the hypocrisy of GOP prosecutors, I think. I also don't like robocalls, I find them annoying. I know we don't agree on many issues - and the thing is, I believe we should be allowed to disagree amicably. People should be able to think what they like and express their opinions publicly without being harassed hatefully and incessantly by activists. If there were conservative activists on the Madville Times attacking liberals for their opinions, I'd like to believe I have enough personal integrity that I would express disagreement with their actions.
Mrs. S, I don't like the thought of "robocalls" at all let alone ones from crazies but I have not been subjected to such hideous events since I was prostrated with the agonies around Thanksgiving.
While I may disagree with them and think they and the scum sucking funding and enablers are hypocrites and all that, I am most irked and irked badly about the traitorism by these supposed members of our party. Do you know this young Mr. Willard and is he a swell fellow or a goofball? I value your views on this while I decide if I can stomach his gutpunchery.
Interestingly, Daniel Willard is the same fella who circulated petitions to force a vote on the Minnehaha county opt-out in August. He claimed to have 5500 signatures but turned in a mere 400-412. Math can be tough for some but there is a great difference between 400 petition signers and 400 signed petitions…
more gutpunchery.
I wonder if this fellow is a Howite.
My husband and daughter caught a stomach flu shortly after Thanksgiving but it skipped me. Did you get something similar? Sounds like a bug was going around.
I speak to few and I don't know Mr. Willard but he sounds like a confused young man who thought he could play dirty and get away with it. I have no view on him and I think he just made a poor choice to fight fire with fire.
I'm as surprised as you about the traitors in our party and hope things are better in the other states. I don't know what we will find next but I know we will find it in good time.
My prostration with The Agonies was more of a chronic nature, but as I was recovering I was hit with a nasty bout of bowel distress the natures of which are not suitable for discussion with a young lady. These were distentions of the order that Mr. Fleming had prior to the millennium and no human should have to endure. I hate to even talk about it.
I think your comments on Mr. Willard show great wisdom. Have a great evening, ma'am.
Fasting is always a good cure for The Agonies, I have found. Helps clean out the system and clear the mind. But you don't have to call me ma'am - I don't feel like one. ;)
A good week to you Grudz, and happy holidays as well!
Dan Willard won't be chair of the SDGOP in any universe, except maybe for a handful where the entropy constant has increased, leading to a civilization so in collapse that Republicans don't care who chairs the party. As evidenced by the failed petition drive Jeff cites, Willard appears to suffer from that practical efficacy deficit disorder common to Brian Liss conspiratists and Ron Paul Libertarians.
Cory has fully mastered hyperbole in 2 sentences.
Bree, have a nice day.
"practical efficacy deficit disorder"
Cory, that should get you some brownie points with the SDGOP corporatists.