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Bosworth Legal Defense Fund Extension of Campaign, Subject to FEC Rules?

KELO-TV's Perry Groten points out that Annette Bosworth's recent legal defense fundraising pitch is delusional. But might her fundraising letters also violate federal campaign finance law?

Bosworth has sent letters to supporters from her Senate campaign asking them to help raise $400,000 for her legal defense fund. Bosworth has already paid over $62,000 from her Senate campaign fund to lawyers working on her defense in the petition perjury trial she faces in May. Bosworth apparently views her perjury trial as a permissible use of campaign funds, which it likely is under the Federal Election Commission's "irrespective" test, since the trial arises directly from campaign activities.

So the perjury trial is a campaign activity. Cool. But neither the $400K pitch nor her courtroom-packing pitch identify themselves as being paid for by the Annette Bosworth for Senate campaign. They contain none of the disclamatory language required by the Federal Election Commission. And if Bosworth doesn't report those donations on her FEC campaign finance reports, she's in serious trouble.

So keep in mind, those of you getting Bosworth's letters and thinking about writing a check: your donations to the "legal defense fund" may really be donations to the campaign and should be a matter of public record with the Federal Election Commission.

p.s.: $400,000 for this one perjury trial? Bosworth has a tendency to inflate costs in her fundraising letters. $400K seems pretty steep for a trial in which the only defensible avenue counsel has is to admit guilt and beg for mercy. But not to worry: if the KELO comment section is any indication ("complete fruitcake... crooked... mentally ill..."), Bosworth's Facebook Likers have disappeared, right along with her fundraising potential.

67 Comments

  1. mike from iowa 2015.02.21

    So the digger keeps digging to find a way out
    And the noose gets tighter without a doubt.
    What part of stop digging don't she understand?

    The hangman's oily rope only stretches so far
    Being a victim of the media only get's her so far
    Pretty soon the day of judgement will be at hand.

    I hate to gloat I told you so,I say that with a smile
    One could see this trainwreck coming from better than a mile
    Doc Boz will be another inmate in a prison of the land.

    The little lass was feisty and just assuredly as wrong
    She committed no crime, she sings that same old song
    She can sing like a sparrow-Doctor Stripes and her prison band.

    I'm glad I'm not her lawyer,the toughest job to be had
    Trying to make her stop her digging could drive a saint mad
    And with that I end this ballad-Doc Bosworth or the bland.

  2. MC 2015.02.21

    Just when you think have heard it all.

  3. 96Tears 2015.02.21

    Whomever is giving her legal/political advice is probably going to get sued for a lot of money.

  4. Deb Geelsdottir 2015.02.21

    Oh for pete's sake. I'm assuming she has at least a passing acquaintance with reality. My assumption may be wrong.

  5. grainofsalt 2015.02.22

    Deb, there's every reason to believe your assumption is wrong.

    Cory, any Idea why they let her defer her trial date again? How likely is it that she'll do that again in May.

  6. tara volesky 2015.02.22

    I am surprised about 100% of the of the people in the KELO comment section take the side of Marty Jackley. Is Brandon Talliafero and Shirley Schwab crazy too, making accusations against Marty Jackley. They also had a defense fund. No press from KELO on that. Getting your phone number changed 65 times. Sounds crazy to me. I am supporting the common citizen.

  7. caheidelberger Post author | 2015.02.22

    96, lawyers aren't liable for such errors, are they? I'd speculate that, as was the case with the petitions themselves and her early summer publicity stunts, Bosworth is taking actions independent of or contrary to sound advice from counsel. When things go further south (and she's already past the Ross Ice Shelf), she'll try to blame the lawyers. But we won't fall for it.

  8. caheidelberger Post author | 2015.02.22

    Grain, that's a very good question. I was going to stop by the Hughes County Courthouse on Wednesday and check on that delay, but I got swept up in conversations at Tom's Diner downstairs in the Capitol. I'll keep that inquiry on the to-do list.

  9. caheidelberger Post author | 2015.02.22

    Tara, I'm not surprised, because the faraway folks have lost interest in her passing fad, and the near-away folks all know better. Don't confuse common citizens with common crooks.

  10. 96Tears 2015.02.22

    Cory, never in my life have I seen somebody beg for having the worst possible, most bone-crushing penalties thrown at them. I don't blame her attorneys/advisors. It's all Annette. But she's goofy enough to sue them after she gets put in a padded room for the rest of her life. It's surprising that anyone has any empathy for her at this point.

  11. caheidelberger Post author | 2015.02.22

    96, were I an attorney providing her her constitutionally guaranteed representations, I would charge her top dollar, demand payment up front, document everything, and be prepared to destroy her when she turned on me. It would not be hard.

  12. Nick Nemec 2015.02.22

    Jumping bail?

  13. Jim 2015.02.22

    Her number of 400k is absurdly over-inflated. Most of anything she fleeces will go to support her family and her ne'er do well husband.

  14. Tim 2015.02.22

    Don't you need the judge's permission to leave the country while on bail?

  15. Tim 2015.02.22

    Jim, 400k would be about right if you were planning to relocate in another country.

  16. tara volesky 2015.02.22

    You guys are brutal. Death Penalty for Bosworth. Call Isis.

  17. mike from iowa 2015.02.22

    Even Tara has jumped on the kill Bos bandwagon. Finally saw the light,eh?

  18. mike from iowa 2015.02.22

    If ever a blind faith award is handed out,low information wingnut voters and Tara should be co-recipients.

  19. caheidelberger Post author | 2015.02.22

    She paid no bail; I think the release was purely personal recognizance. But I do wonder about law/protocol: when one faces a criminal trial, is one still allowed to leave the state, let alone the country, without at least notifying the court or getting permission from the AG?

  20. tara volesky 2015.02.22

    Oh Mike, come on and take up the cause. I don't like the fact that Marty Jackley is a bully and will not settle the case. You need to study the 5 year history of Boz and MJ. Go Boz. I love the fact that she will not back down to the establishment. Check out her yearly audits Cory. KELO is a joke on this story. Sorry guys but you are doing bush league reporting. Get to the facts. Why don't they find out how much this case is costing the taxpayers. Why don't they talk to the people and pastors that have been harassed. Why don't they interview Joel Arends again who told KELO that Marty Jackley has an axe to grind with the Dr. I get a phone call from a friend who told me how MJ ruined this another family's life. Look he did to BT and SS. Are you all afraid of the big bad wolf. SD is the way it is because you go along with the establishment. Most of you are afraid to publish your name. Living in fear is not the way to go.

  21. Tim 2015.02.22

    tara, she tried to screw the process, and people that contributed to her campaign, regardless if you like Jackley or not the election process has to be respected.

  22. tara volesky 2015.02.22

    Everybody got their money back that showed their receipt. The problem with Bosworth is she let the wrong people into her camp. Way to trusting. Remember, she is a Dr. and missionary. I think she got a royal education. The election process has to be respected? Tell that to everyone that runs for office, or gets signatures. The problem I have with some people is they are hypocrites. I can honestly say I have not witnessed all signatures when I circulated petitions. Does that mean I get to go to jail?

  23. tara volesky 2015.02.22

    People must love her, she outraised all the other candidates with individual donations and zero pac money.

  24. Tim 2015.02.22

    "Tell that to everyone that runs for office"
    tara, I'm not arguing that the system doesn't need fixed, but it is what we have now. She broke the law, as far as being to trusting, that is her problem. The process must be respected as it is now or we have nothing. Want the process changed? You know how to do that, but putting your eggs in Bosworth's basket won't get it done.

  25. tara volesky 2015.02.22

    The price you pay for being an anti-establishment Republican in SD. I feel I am on the SDWC blogsite. Both the D and R establishment love destroying anybody who is not part of the establishment. "Never underestimate the ignorance and stupidity of the American public."..........Will Farrow

  26. mike from iowa 2015.02.22

    Will Farrow sounds like the name of a 4-H brood sow.

  27. jerry 2015.02.22

    Lol mike from iowa, good one

  28. tara volesky 2015.02.22

    Tim, I refuse to put my eggs in Jackleys basket. By the way, he's making national news.

  29. mike from iowa 2015.02.22

    jerry,I never knew snake oil was labeled as such. Must have been a mistake. LOL.

  30. mike from iowa 2015.02.22

    Tara,like it or not,your eggs are already in Jackley's basket if you plan to have children. That guy controls you and other women before,during and after child bearing years, like a puppeteer.

  31. Tim 2015.02.22

    Tara, Jackley is what we are stuck with until he decides to be Governor or the voters show him the door. Make your case with the low-info majority, you don't have to convince me about Jackley.

  32. tara volesky 2015.02.22

    With the low-info majority, I put a lot of the blame on the media and chamber of commerce. There are so many educated people that have given up on both parties. Very sad.

  33. mike from iowa 2015.02.22

    Chamber of commerce is a wholly owned subsidiary of the wingnut party and has been at least since Ronnie Raygun's reign of terror.

  34. tara volesky 2015.02.22

    Mike, I would say the chamber is the party of the Crony Capitalists. I would think the Wingnuts would be against the chamber.

  35. tara volesky 2015.02.22

    Wingnuts in SD are anti-establishment.

  36. Tim 2015.02.22

    They are pretty well entrenched with the gun establishment and the religious establishment, they aren't afraid to crawl in bed with government establishment either to get what they want.

  37. tara volesky 2015.02.22

    Tim what about Gordon Howie and Lora Hubbel? I know they wouldn't sell their soles to the Republican establishment. Lora Hubbel is blocked from SDWC.

  38. grudznick 2015.02.22

    Ms. Volesky, do you often speak with young Dr. Bos about things in her candidacy? If so, please tell her not everybody on the internet is blogging bad things about her and she has vast support in some places.

  39. grudznick 2015.02.22

    Ms. Volesky, Gordon Howie and Ms. Hubbel are insaner than Mr. Sibby's stepsister. And Mr. Howie is a tax cheat and a liar and owes me money.

  40. mike from iowa 2015.02.22

    Tara-who do you think the crony capitalists in South Dakota are-the Democrats? I didn't think my jaw could fall open any farther after some of your other comments,but you just don't get it, do you?

  41. tara volesky 2015.02.22

    Mike, I do get it. What frustrates me is most of the Democrats don't get it and that is why they are so silent in Pierre and are afraid to speak out for fear they will not get re-elected like Kathy Tyler. Who cares, just do the right thing. I would rather loose a mayor or school board race than be a yes girl and be controlled by the BTO's.

  42. grudznick 2015.02.22

    If Ron Volesky was out running again people could really get behind him. Ms. Tyler was a soggy biscuit and what the Democrats need is a bit more meat in their candidates.

  43. CLCJM 2015.02.22

    Could Dr.Boz'trip be the reason for her trial delay? In that would presumably mean she's already informed them she's going out of the country?

  44. tara volesky 2015.02.23

    No.

  45. Bill Dithmer 2015.02.23

    MFI, some good readen in your first post.

    Its 0 here at Carson House this morning, the normal high for here is the upper 40s, WTF.

    Tara, Marty Jackley s job means that he is naturally adversarial. Being a prosicutor doesnt mean being fair, or doing whats best for the defendent. It does mean getting a conviction useing the evidence he has, at any cost. Your looking for a successful prosicutor that has warm fuzzy feelings for the defendent and that isnt in the job description. That job is for the perps friends, maybe the judge, her lawyer is being paid to be that way, and if he does his job right the jury might even feel it.

    Lets face it, most people that make their money prosicutting are so uptight and stressed out they have to be admitted to the hospital and sudated for a rectal exam. Its just the nature of the beast.

    This case is so simple. When the Bos finally gets to the defense part of court, she will try to drag Jackley into the case and the judge will deny her that pleasure because it has nothing to do with the charges. When that happens the defense will rest, and the Bos will loose her medical license, and possibly her freedom for a while.

    $400,000 is good money if you can get it, and for something this simple it seems extreme. I see that the state of SD is ready for trial but the defense has again gotten another delay. I dont see a plea deal that she would like in her future, unless she escapes jail. I even see what happened to Bob Newland, a muzzle to keep her quiet, if she does manage to find common ground with the state.

    But there is hope, she should be able to get a CNA and stay in the biz. But wouldnt that also mean she would have to pass the facilities internal investigation? Its not looking good for team Boz.

    Tara, the very thing that you want, a grudge match with Jackley in court, wont ever be allowed. The Bos should be happy about that because right now her list of crimes is still limited. If the judge were to feel so inclined to entertain questions that involve a history between Jackley and Annette, that opens a whole new can of possible indictments just because she wanted her day.

    Meanwhile, red South Dakota makes red Missouri look blue.

    The Blindman

  46. tara volesky 2015.02.23

    Bill, you can't be serious! Everybody is bowing down to our bully Government like a bunch of sheople, including the Democrat party. What does that tell you about people in general. Nobody stands up for anybody anymore. There are so many causes in SD the Democrat party could be addressing. Well sometimes I feel I am on an island all alone. I would rather do that than be part of the heard. If people would just come forward and not be so scared, that's the only way SD will change. Any jury with a conscious will not take her license away, but than again they did it to my Dr. friend because he didn't conform. I think Hubbel has a Dr. friend sitting in the slammer. That's a good way of shutting you up. Anybody know what happen to Simco?

  47. Bill Dithmer 2015.02.23

    Cory I have an idea for some fun. First make like a baseball pool starting one month from today. That would be the day and guilty or not guilty verdict or a resolution in this case.

    A separate pool would be lenght of time the jury is out, from ten minutes to whatever.

    You draw a pool with the spaces made right and put it on Madvilletimes. First come first serve when claiming squares in the post.

    Winners get to pick the topic of their choice for a thread. Anything goes.

    The Blindman

  48. Bill Dithmer 2015.02.23

    " Bill, you can't be serious!" Ya I am. There are times when I'm not, there are even times that I play the "devil's advocate" just to piss people off, but this is not one of them.

    Tara, you continue to confuse the law, and real life, and in SD no less. As far as I know the only time that would happen is if the opposing lawyers were sleeping with each other and nobody knew.

    I will admit that there are times that the lawmakers in South Dakota sound like the cast members of Gilligan's Island, but until that changes through the election process, your stuck with what you have. Thats why I'm in Mo instead of home in South Dakota. My life was getting to short to have Gilligan or the Skipper making decisions for me.

    The Blindman

  49. Jim 2015.02.23

    Tara, standing up to the establishment is one thing, but trying to do so with a bad set of facts is another. Annette has some bad facts. Also, I don't think a jury decides any licensing issues. The sd medical board would. Some offenses carry mandatory revocations. My guess is that convictions on her charges would allow the medical board discretion to revoke, but it wouldn't be mandatory. Also her plea for 400k rings even more hollow to me if she is planning to jet her family to Haiti. I also believe the court has authority to restrict travel as a condition of her bond, but it doesn't appear that has occurred. Disdain for the AG doesn't automatically translate in support for bosworth.

  50. Dicta 2015.02.23

    My problem with Ms. Volesky's defense of Bosworth is twofold. Either:

    1) Bosworth knowingly lied about the circulation of petitions or, acorrding to Ms. Volesky
    2) She was ignorant and taken advantage of by those who knew better.

    I don't know why number 2 is preferable considering she was running to be a United States friggin Senator. I don't want a person who is ignorant of the laws directly applicable to her her campaign/office. This is even more troubling when you see that she seems particularly susceptible to suggestion from third parties. None of this bodes well for Bosworth in any context. At worse, she is criminal. At best, she's an idiot who is susceptible to manipulation.

  51. mike from iowa 2015.02.23

    Tara-if it makes you feel better,stand in front of the judge and flip him/her off. The last great act of defiance before your fanny hits the unpadded bunk for at least 30 days for contempt. Boz is lucky she hasn't gotten contempt citations already. If her mindset is like yours,a contempt citation could keep her behind bars for life. Do her a favor and leave her the hell alone.

  52. Bill Dithmer 2015.02.23

    " Also, I don't think a jury decides any licensing issues."

    No but they might as well. South Dakota is one of a few states that information is lost in the shuffle. The states that I did find the info for said no doctors license if you have a felony conviction of any kind. The medical board would issue a press release but the decision was made through the verdict.

    Dont feel bad for Annette, she can still get a job as a bounty hunter, that would be legal in SD.

    The Blindman

  53. tara volesky 2015.02.23

    Mike, now I have to keep my opinions to myself, while you guys can voice your opinions? I bet if she was a Democrat, you wouldn't be saying the things your saying about her. I am not going to waste my time because there is no such thing as innocent till proven guilty. How did that obstruction of justice press conference with your boy go out in DC? The D party is great at alienating 3rd parties and Independent voters. Maybe you need to take some lessons from the late Senator George McGovern on how to build your party.

  54. Dicta 2015.02.23

    Pretty hard to argue innocence when Bosworth admitted she did it. Come on now.

  55. tara volesky 2015.02.23

    If you guys only knew half of what's going on.........I'll consider the source........low information voters.

  56. caheidelberger Post author | 2015.02.23

    Tara, you assert unknowns and unknowables in an effort to grasp at something other than the obvious, relevant, and sufficient facts on the record. Don't even mention it unless you plan to document it.

  57. tara volesky 2015.02.23

    Sorry, getting your news from Madville Times, SDWC and KELO does not cut it. You people have no clue what's going on. You can cut the media bias with a knife. If I sent Cory factual information about Annette, he wouldn't print it, so there you have it.

  58. Dicta 2015.02.23

    Ellipses are not a substitute for evidence.

  59. tara volesky 2015.02.23

    Cory, I will leave the facts and documentions to Mr. Robert VanNorman. At least I got the Lawyers on my side. Have a nice day.

  60. Dicta 2015.02.23

    .... not all of the lawyers are on your side. Can you post one substantive thing, please? Your appeal to authority was embarrassingly bad, and not even accurate.

  61. tara volesky 2015.02.23

    ....not all of the lawyers are on your side. I don't give a damn about them. The only lawyers that count and are with me are Annette Bosworth's lawyers. My appeal to authority was embarrassing .............go tell that to Mr. VanNorman.

  62. Dicta 2015.02.23

    See, that's the point. You only care about those individuals who support your viewpoint, and screw everybody else. You count yourself brave because of it. I think you eschew evidence that is inconsistent with your worldview, and it's pretty sad. It's the opposite of bravery. It's intellectual cowardice.

  63. tara volesky 2015.02.23

    Dicta, you have a right to your opinion. I don't think you would be saying that if you personally knew me. I am sure you are a good person, but you just don't know the other side. I am thankful she has a good team of Lawyers that stick up for the little guy.

  64. Craig 2015.02.23

    Tara: "I am thankful she has a good team of Lawyers that stick up for the little guy."

    Correction - her lawyers stick up for whomever is paying them, because that is their job. This is why she is on her third or fourth lawyer thus far.

    I've seen the claim from Bosworth that lawyers are the reason she is in this mess, then I've seen her own comments stating that wasn't true, then I've seen her retraction of a retraction.... it gets hard to keep up when she can't even remain consistent.

    I just want this trial to begin so we can stop with all the threats of the "truth" coming out. Bosworth will have her day in court, and she will need to explain why she signed a document claiming she witnessed signatures when she was in another country at the time. She can use whatever excuse (defense) she wishes of course, but the question to be answered is did she break the law.

    To anyone with any level of objectivity the answer is clear... but if it makes you feel better we can just wait until the trial is over to openly state the obvious.

    Then maybe when this is all over someone can do something about Chad Haber and his campaign finance violations. Or do you have an excuse for him failing to file his disclosure reports too?

  65. mike from iowa 2015.02.23

    Tara,this is your situation in terms you can maybe understand. Bosworth is drowning and that lifeline you keep throwing to her has anchor written all over on it. Can you see how an anchor doesn't help a drowning person survive? Bosworth rejected any real lifelines. She could have plead guilty and taken a lighter sentence instead of daring Jackassley to throw the book at her. Not smart and I have absolutely no use for Jackassley.

    Bos maybe innocent of murder,but not of the charges she's been indicted on.

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