TheCenterLane.com

© 2008 – 2019 John T. Burke, Jr.

2010 Jackass Of The Year Award

Comments Off on 2010 Jackass Of The Year Award

Once again, the moment has arrived for TheCenterLane.com to present its Jackass of The Year Award.  Our 2010 recipient is Alaska’s Senatorial candidate, Joe Miller.

Joe Miller’s campaign to defeat Senator Lisa Murkowski in Alaska’s 2010 Republican Primary got a big boost when Governor Sarah Palin decided to leave office to become a full-time celebrity.  Palin’s decision was immediately criticized by Senator Murkowski.  Palin responded to the criticism by endorsing Murkowski’s opponent in the Republican Primary:  Joe Miller.  Miller then won the support of the Tea Party Express, who – according to The Washington Post – spent more than $150,000 on pro-Miller television and radio ads during the week before the primary.  In addition to the mobilization of the Tea Party activists, Miller benefited from an initiative on the Alaska Republican Primary ballot requiring parental consent before a girl aged 17 or younger could receive an abortion.  Alaska’s most conservative voters were out in force on Primary Day.  The Washington Post article highlighted some of Miller’s positions that helped him curry favor with Alaska’s “hard right” voters:

He has called for phasing out Medicare and Social Security, as well as eliminating the Education Department because it is not mandated in the Constitution.

Never mind the fact that neither the FBI nor the Department of Homeland Security has been mandated by the Constitution.  The “lack of a Constitutional mandate” litmus test is only applied to those bureaucracies considered repugnant to Joe Miller.

Because the deadline for filing as an “Independent” candidate on Alaska’s November (general election) ballot had already expired by the August 24 primary, it was necessary for Lisa Murkowski to run as a “write-in” candidate in order to retain her Senate seat.

During the course of the ensuing campaign, Miller’s foolishness provided the news media with plenty of entertainment.  Despite Miller’s rhetoric, which called for limited government and fiscal restraint, Anne Applebaum of Slate recalled that Miller’s background became an issue in the campaign, since it was so inconsistent with that of a Tea Party hero:

During the course of the campaign, it also emerged that he had once collected farm subsidies; that his wife had once collected unemployment benefits; and that his family had received state health benefits.

Upon hearing that Murkowski would not abandon her quest to retain her Senate seat after her Republican Primary defeat, Mr. Miller immediately made a foolish statement, which he attempted to blame on an unidentified staffer.  Jim Carlton of the Washington Wire blog provided this quote of the now-infamous message sent out from Joe Miller’s Twitter account:

“What’s the difference between selling out your party’s values and the world’s oldest profession?” said the message under Mr. Miller’s Twitter address early Friday.

Mr. Miller said the tweet was sent by a staffer who was temporarily manning his account.  He added that the remark was aimed not at the senator herself, but at suggestions that Alaska’s Libertarian Party might allow Ms. Murkowski to run under its banner in November if she ends up losing to him in a final count of absentee ballots.

He blamed the tweet on “poor judgment” by the unidentified staffer, who he “relieved of his duties.”  He said he quickly removed the message from his Twitter feed.

If  Miller had not already done enough to alienate female voters — his Halloween-themed campaign ad, likening Lisa Murkowski to a witch, immediately drew the ire of the New Agenda website, which embedded a YouTube feed of the ad in this posting.

The most infamous event of Miller’s campaign occurred on October 17, when Tony Hopfinger, editor of the Alaska Dispatch website was handcuffed by Miller’s private security guards, when he attempted to interview the candidate at the conclusion of a “town hall” meeting at the Central Middle School in Anchorage.  The incident caused Miller to become the butt of many jokes on national television.

Hopfinger was attempting to question Miller about an incident that had become the subject of an e-mail that had originated a few days earlier from Mike Rostad, a Republican activist in Kodiak, Alaska, based on a discussion between Rostad and Miller’s father, Rex Miller.  The Anchorage Daily News provided this report:

Joe Miller was a part-time Fairbanks North Star Borough attorney in 2008 when he led an attempt to oust state Republican Party chief Randy Ruedrich.  Rostad wrote in the email that Rex Miller told him there was a poll being conducted during that effort against Ruedrich.  Rostad wrote that Rex Miller told him what happened:

“One noon hour, on his own time at the borough, Joe participated in an online poll voting against Randy.  He used four office computers in the office to do it, thinking this was his chance to boost numbers to get rid of Randy.  He emptied the cache files on the computers so the users wouldn’t know what he had done.  When the users asked what had happened to their caches, (Miller) admitted to what he did.  He was reprimanded and docked in pay for several days, but was not suspended or fired.

Miller’s improper computer use as a part-time attorney for the Fairbanks North Star Borough has been an ongoing controversy, which was the subject of this December 31 article from the Anchorage Daily News.

The handcuffing of Tony Hopfinger was not the only misstep by Joe Miller’s campaign on October 17.  Shira Toplitz of Politico reported on October 29 that the Murkowski campaign was running an ad, critical of two October 17 blunders:

The same night as the incident with the journalist, Miller told an audience that if “East Germany could, we could” secure the borders of the country — a controversial statement that Murkowski also uses in the new spot.

“Joe Miller’s answer to illegal immigration:  Use East Germany as an example,” continues the narrator.  “Exactly what kind of America does Joe Miller live in?  . . .”

Miller had nobody else to blame for his stupid remark exalting East Germany as a model for border security.

Once it became obvious that Lisa Murkowski made history as the first write-in candidate to win a Senate election since Strom Thurmond in 1954, Joe Miller took his battle to the courts.  He initially filed an action in Federal Court, although U.S. District Judge Ralph Beistline stayed proceedings pending resolution of the dispute in the State court, where the action should have been brought.  Once the case was filed in the State Court, Judge William Carey dismissed the suit and it was appealed directly to the Alaska Supreme Court.  U.S. News reported that when the ballots were still being counted, the Miller camp was determined to turn the election into a spelling bee:

Shortly after the second day of write-in ballot counting began on Thursday, a Miller observer challenged a vote for Murkowski that appeared to have her name spelled and printed correctly, though the “L” in “Lisa” was in cursive handwriting.  Later, at least 10 ballots in which Murkowski’s name appeared readable were challenged, including one in which the vote read:  “Lisa Murkowski Republican.”

Miller’s campaign said observers are simply challenging votes that don’t meet the strict letter of the law — including those with minor misspellings of Murkowski’s name or those with legibility or penmanship issues.

In addition to the “spelling bee” demand, Miller also attempted to pursue a claim of misconduct by election officials amounting to election fraud.  The Christian Science Monitor provided this report on Judge Carey’s dismissal of that count:

“Nowhere does Miller provide facts showing a genuine issue of fraud or election official misfeasance,” Carey wrote.  “Instead, the majority of the problematic statements included in the affidavits are inadmissible hearsay, speculation, and occasional complaints of sarcasm expressed by [elections] workers.  Nothing rises to the level showing genuine material facts of fraud.”

The stupidity of Miller’s “spelling bee” requirement became more apparent once the Alaska Supreme Court was asked to reverse the dismissal of that claim.  During oral arguments, Justice Dana Fabe directed a Why are you here? question to Miller’s attorneys.  Here’s how that moment was described by KTUU News:

With unofficial results showing Miller behind Murkowski by 10,328 votes, or 2,169 when ballots challenged by Miller observers are excluded, Justice Dana Fabe asked Miller’s legal team what — if any — impact the court’s decision would have on the outcome of the election.

“Even if you win on this argument and every one of the challenged ballots is set aside, it makes no difference in this count, and it makes no difference in the outcome of this election unless you win on one of your other counts — isn’t that correct?” Fabe said.

In other words:  even if the contested ballots were not counted in accordance with the guidelines advanced by Miller’s legal team – Miller still would have lost by over two thousand votes!

So seriously:  What was the point of filing suit?  Was Miller hoping to get some sort of deal from the Republican Party for conceding defeat?  His lawsuit was as idiotic as his entire campaign had been.  As late as December 27, Miller was vowing to continue his battle in the Federal Court to contest the election result.  Nevertheless, as Miller should have learned at Yale Law School, the pursuit of such a specious claim in a Federal Court, would likely result in rather expensive sanctions against Miller and his attorneys under Rule 11 of the Federal Rules of Civil Procedure, once his case was inevitably dismissed.  If that concern had not been enough to motivate Miller to abandon his Federal suit, it should have been enough to convince Miller’s attorneys that the game was finally over.  Miller ultimately conceded his defeat in the election on December 30, although he never made a concession call to Lisa Murkowski.  He explained that he had not made the call because he did not have Murkowski’s phone number.

Joe Miller may not have won the election to the United States Senate —  but he did win the 2010 Jackass of The Year Award from TheCenterLane.com.  Congratulations, Jackass!



wordpress visitor


The Al Franken Month

Comments Off on The Al Franken Month

January 26, 2009

At the end of 1979, Al Franken appeared on the “Weekend Update News” during Saturday Night Live to announce that the 1980s would be “The Al Franken Decade”.  For those of us old enough to remember, it’s scary to realize that “The Al Franken Decade” ended almost twenty years ago.  In 1999, Franken released a book entitled:  Why Not Me? concerning his fictitious run for the Presidency in 2000.  The cover of the book featured a photograph of Franken being sworn in as President.  Although many news publications restrict their discussions of Franken’s background to the subject of his years with Saturday Night Live, they overlook the elements on his resume qualifying him to serve as a United States Senator.  For one thing, he graduated cum laude from Harvard in 1973.  In 1996, he wrote a book entitled: Rush Limbaugh Is a Big Fat Idiot and Other Observations, wherein he dared to challenge the most outspoken pundit of conservative talk radio.  The book found its way to the number one spot on the New York Times best seller list.  He subsequently took on the Fox News organization with his book:  Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right.  The book sported a picture of Bill O’Reilly on the cover and included a chapter criticizing O’Reilly’s on-air statements.  From 2004 through 2007, Franken hosted his own talk show on Air America Radio.  His program was primarily focused on political issues.

Franken’s Minnesota campaign against Norm Coleman for the United States Senate has found its way into the court system, with the trial scheduled to begin today.  By the time votes had been counted (on November 18) Coleman was ahead by only 215 votes.  Because the candidates were separated by less than 0.5 percent of the vote, Minnesota law required an automatic recount.  On January 5, 2009, the Minnesota State Canvassing Board certified the recounted vote totals, with Franken leading by 225 votes.  The next day, Coleman filed suit, contesting the recount result.  The trial of this case is taking place before a three-judge panel of “trial-level” judges.  As you can imagine, there will likely be an appeal from whatever result is reached in that case.  In the mean time, Franken has filed a motion before the Minnesota Supreme Court to compel Secretary of State Mark Ritchie and Governor Tim Pawlenty to sign the election certificate, designating Franken as the winner.  That hearing is set for February 5.

A good source for understanding the court battle over this Senate seat is MinnPost.com.  There, you will find Jay Weiner’s guide to the trial as a handy reference.  Mr. Weiner has spelled out the issues raised by Coleman’s suit in the following manner:

Were the more than 2.9 million votes cast on Nov. 4, 2008, for Democratic challenger Al Franken and Republican incumbent Sen. Norm Coleman counted accurately, fairly and uniformly statewide?

Were about 11,000 of the 288,000 absentee ballots cast rejected properly and with consistent measures in all 87 counties?

Were any votes counted twice? Just because a precinct registry says 20 people voted and 22 votes exist, does that mean votes were double counted?  Are there other reasons such discrepancies could exist?

Should votes cast on Election Day that have since gone missing be counted?

Should votes that were found after Election Day that weren’t originally counted by included in the final tally?

Jay Weiner’s article also included his take on the ultimate outcome of this suit:

For all the talk of alleged double-counted votes or missing votes or newly found votes after Election Day, it seems unlikely that Coleman can scrounge up enough votes in those categories to net him the 226 new votes he needs.

Meanwhile, Michael O’Brien of The Hill website, has disclosed that Coleman has taken a job with the Republican Jewish Coalition while this battle continues:

In what could be seen as a sign that Coleman thinks his bid to return to the Senate may be lost, he has signed on to do consulting work for the group, which is comprised of a number GOP leaders.

“The senator needs to earn a living while the contest is going on,” said Coleman spokesman Mark Drake, who said the job does not at all affect Coleman’s bid to win reelection.

With the Democratic Party poised to capture yet another Senate seat, we can expect a lot of excitement to surround this trial.  The Al Franken Decade may be long gone but, like it or not, the current decade has brought us The Al Franken Month.  Beyond that, if this trial ends up the way most commentators expect, the United States Senate will experience at least one Al Franken Term.  Six years may not be another decade … but it should be fun.