Tue Jul 14, 2009 at 15:14:14 PM PDT
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| When the news broke last March that Ellen Tauscher was going to be nominated to a position in the State Department, the jockeying to replace her began immediately. In those early days, back before John Garamendi even quite knew where CA-10 was located, Mark DeSaulnier was considered the prohibitive favorite. (Remember, this was when folks were speculating about whether Joe Canciamilla would enter the race.)
It appears that from those early days onward, DeSaulnier and his campaign consultants settled on a campaign strategy from which they would not deviate:
"The reality is that this primary is coming down to who the Big Four support -- [Rep.] George Miller, Ellen Tauscher, Torlakson and labor," said California Democratic consultant John Shallman, who is working for DeSaulnier. "And I'm extremely confident they're all going to be behind Mark."
And that's been the DeSaulnier message in a nutshell: "Leaders we trust, trust Mark DeSaulnier." But there are some serious problems with that message... on the flip. |
| babaloo :: Straight From The Horse's Mouth, Pt. 2 |
| DeSaulnier and his strategists seem to have missed out on a little phenomenon that's swept the country recently -- empowerment politics. In 2004, a guy named Howard Dean convinced many Democrats that they had the power to take control of their government rather than being told what to do by their elected officials. That rebellion moved to neighboring CA-11 in 2006, with a guy named Jerry McNerney, when the Democratic base overwhelmingly rejected the idea that its candidate should be selected by -- wait for it -- Ellen Tauscher (and endorsed by George Miller, Tom Torlakson and Contra Costa labor).
Nevertheless, Mark DeSaulnier has chosen to retrace the steps of Steve Filson in his quest for Congress. But it gets worse. Because that endorsement by Tauscher? The one that's splashed across his website and takes up three full pages of a four-page piece of campaign literature? Well, it's a violation of the Hatch Act and the State Department ethics guidelines.
The following guidance was issued by the Ethics division of the Department of State Legal Adviser's office.
Cable #: 035610 of 02/18/2004
Subject: POLITICAL ACTIVITIES RULES FOR SENATE-CONFIRMED PRESIDENITAL EMPLOYEES [...]
3. THE RULES INCORPORATE THE 1993 REVISIONS TO THE HATCH ACT (PUB. L. 103-94) AND IMPLEMENTING REGULATIONS (5 CFR PART 734). IN ADDITION, THEY INCORPORATE POLICY RESTRICTIONS SPECIFIC TO THE DEPARTMENT OF STATE. YOU SHOULD BE AWARE THAT VIOLATIONS OF THESE RESTRICTIONS COULD LEAD TO CRIMINAL AND CIVIL PENALTIES, AS WELL AS DISCIPLINARY ACTION.
8. PROHIBITED ACTIVITIES [...]
WORKING FOR A PARTY OR CANDIDATE: YOU MAY NOT: [...]
- ENDORSE OR OPPOSE A CANDIDATE FOR PARTISAN POLITICAL OFFICE IN A POLITICAL ADVERTISEMENT, BROADCAST, CAMPAIGN LITERATURE, OR SIMILAR MEDIUM
So by allowing her endorsement to continue to be used in campaign literature and on a campaign website, Ellen Tauscher is actively flouting federal law just a little over two weeks into her new job.
In the meantime, DeSaulnier is left holding an empty bag. He's already alienated some segment of the progressive base that he'll need to win by associating himself with the unpopular Tauscher; and now he's in a position where continuing to use her endorsement (which was only ever going to be effective in capturing low-information voters) is not legally available to him at exactly the point where he needs to expand his targeted universe.
It seems somewhat akin to burning a bridge while you're still standing on it -- you can't move forward, and you've already destroyed the path back. Not smart. Not smart at all. |
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