Recycled rhetoric

(We get into the Delorean for a trip back a couple of weeks for a parting shot on the Gun Owners contribution to Kobach...)

Did the Gun Owners of America contribution to Kris Kobach come with a handbook entitled "What to say if you're attacked over this contribution"?

It sure seems like it did.

In 1996, Rep. Roscoe Bartlett (R-MD) was criticized for taking a donation from GOA and Larry Pratt for the same reasons as Kobach. Strangely, he had the same response as Kobach:

"Labor unions have a long history with the Mafia," the embattled congressman declaimed, referring to campaign contributions from labor groups to his Democratic challenger, Stephen Crawford. "Does that mean that Stephen Crawford supports the Mafia?" -- Baltimore Sun, 5/21/96

Later in the same piece, the editorial board of the Sun writes:

Instead of reacting responsibly to this campaign flak, Mr. Bartlett instinctively attacked major contributors to his opponent with the kind of far-fetched, thoughtless insinuation that only undermines his own credibility with the general electorate.

We only hope the editorial writers at The Kansas City Star will recycle this line, just as Kobach apparently recycled his defense.

What did political bloggers do before the Internet could summon up instances of political plagarism with the touch of a button? Oh, wait...

Fan Mail Friday

It's Friday, which means it is time to read from and reply to your letters...

DL writes in regarding our Patriot Act story...

In the Sun story, Kobach actually attacks Moore for voting against all of Section 215: "against funding a section of the Patriot Act that allows the federal government to obtain business records, library records and other documents with a court order." The amendment you mention just had to do with library records only.

DL's right. Kobach is stretching when he says Moore voted against all of Section 215. Thanks for pointing that out -- sometimes we just go too easy on him.

Since the FEC reporting period ends next Thursday, TK writes in to ask about Kobach's fundraising and whether we've heard how it is going. TK reports that Kobach supposedly "spent most of his time in New York during the convention raising funds." Kobach also did have Cheney in and claims to have raised $225,000 at that event alone.

If you consider that their stated goal is $1 million between the primary and the general, at the very least we're thinking Kobach should report in excess of $450,000.*

In fact, we wouldn't be surprised if Kobach outraised Moore during the quarter given the Cheney event, fundraising at the RNC, and his repeated hammering of cultural issues designed to fire up the conservative base. Moore would still have a commanding lead in terms of total money raised, however.

Whatever Kobach reports, he's going to need it to overcome what has been a bad September.

* This is somewhat ahead of Phill Kline's October 2000 filing (he's the closest comparison in terms of ideology and was also running in a presidential year), but Kline didn't have Cheney and was operating with contribution limits that were half of what they are today.

Kobach prefers Pledge over poor

Constitutional law professor Kris Kobach apparently doesn't care much for the Constitution. We've already seen he likes to add in religious undertones, now he's attacking Congressman Dennis Moore for voting against a bill that would prohibit the federal courts from hearing cases involving the Pledge of Allegiance.

This vote was a simple one to make -- vote with Tom DeLay, you're making a politician's vote. Vote against it, as Moore did, and you're making a Congressman's vote.

Screw the Constitution, I've got an election to win and an issue to demonize!

How ironic, then, that on the exact same day, we can assume Kobach would have joined in lock step with DeLay to defeat an extension of tax relief for working families earning between $10,000 and $11,000 a year. That covers 4 million low-income families.

That's an additional cost of $4.3 billion to the $146 billion bill. The Republicans called it "welfare" attached to a tax bill. Of course, it's not welfare-- all of these families are working, they're just working the kinds of low-income jobs Republicans wouldn't even let their kids work. As Rep. Pete Stark (D-CA) said, "That is your Republican compassion. That is indecent, it is un-Christian and it is immoral."

Go here for an excellent analysis on how yesterday's bill actually increases taxes on low-income working families.

The point is, of course, that Kobach's priorities as a Congressman would be politically charged "culture votes," while kicking the working poor in the teeth. The message to 4 million American families yesterday?

"I won't give you a tax cut, but how about the pledge of allegiance instead? Just recite it at the check-out lane next time you can't afford to buy milk for your kids, despite working two jobs."

Stiffing Social Security

Social Security relies on the contributions of workers today to pay benefits today. To facilitate this, the IRS requires employers to withold Social Security taxes (FICA) from employees' paychecks.

This applies to for-profit businesses, non-profit organizations and political campaigns. Yet once again, as we saw with yardsign laws*, Kris Kobach apparently thinks this law doesn't apply to him.

A review of Kobach's FEC reports reveals no payments of Social Security taxes this election.

A review of Congressman Dennis Moore's reports, on the other hand, shows that he is following the law, as are Kansas candidates Sen. Sam Brownback, Rep. Todd Tiahrt, Rep. Jim Ryun, and Rep. Jerry Moran.

Jim Sullinger of The Kansas City Star addressed this very issue on October 30, 2002, with regards to Adam Taff's campaign, writing:

"Under IRS tax guidelines: 'An individual is an independent contractor if you, the person for whom the services are performed, have the right to control or direct only the result of the work and not the means and methods of accomplishing the result.' ... Paid staff members in campaigns usually take orders and direction daily from campaign managers and candidates and seldom perform their jobs independently."

Kobach's staff salaries are marked as "political consulting" in his reports, yet one can hardly consider campaign staffers -- who do work at the direction of the candidate, in the candidate's headquarters, using the candidate's equipment -- independent contractors.

We assume Social Security will eventually get its money when the Kobach campaign staffers file their taxes (paying both their share and the campaign's share**), but this is yet another example of a campaign and candidate that wants to play by different rules; or worse, wants to make the rules up as he goes along.


* Scroll down the article for a discussion of Kobach's scholarly opinion that yard sign laws are unconstitutional. A similar story ran in The Olathe Daily News but they don't maintain online archives.

** Clearly, there's only one solution to this shifting of Kobach's bills to his underpaid staff...

Workers of the Kobach campaign unite! You have nothing to lose but the election!

Kobach gets hit by the Pitch

Pitch whistles a couple of fastballs at Kris Kobach this week that both deserve mentions.

Kobach's Big Tent is getting pretty crowded. Jerry Falwell, Gun Owners of America/Larry Pratt, FAIR, Phyllis Schafly...the list goes on, so reports Leonard Zeskind.*

There's a web of connections detailed in the article that we can't do justice to via mere excerpts, so go read it:

All's FAIR
Kris Kobach loads up with anti-immigration ammo

Also in this week's Pitch, a story about the effects of the tuition law Kobach is suing to overturn:

Dream On, Chiquita
An education is a terrible thing to waste on an immigrant

Turns out one of the handful of Kansas students who has benefited from the bill was given a volunteer service award by President Bush. Egads, the conspiracy goes all the way to the top!

The article shows the pluck and irreverance we Turks admire, and the writer -- Tony Ortega -- got a response from Kobach regarding the aspiring architect at K-State:

"Everybody's a citizen of one country," [Kobach] said. "One option [for Pardo] is a subsidized education in her own country."

The candidate was being polite, though. So the Strip will translate the answer he gave when this meat patty told him about the young architecture student who just won a presidential award for her work in the community:

Go back to Mexico, bee-yatch.

* When the author of a 2,000-word article about you has the following mini-biography listed at the end of the story, it's probably safe to say you're not going to be adding that particular story to your scrapbook:

"Leonard Zeskind covered the gun lobby and militia for Rolling Stone in 1995. He is now finishing a book on the history of the white nationalist movement."

Though for all we know, some militia leader has a Zeskind article proudly tacked up to the wall of his armory (garage) where he can gaze upon it when he looks up from the latest issue of Soldier of Fortune.

(Patriot) Acting Out

The KrisWatch B.S. Meter: Section 3

We're sticking with "Barely Supported" for the BS meter, but again we welcome your suggestions...

We keep hearing, again and again, that Kris Kobach was involved in drafting the Patriot Act, or at the very least the immigration policies spun off of it. What we also have heard, though, is that the Patriot Act ain't so bad. According to Kobach, it's impossible civil liberties may be threatened by the Act, because, "Historically...you have seen litigation of every course to make sure that doesn't happen."*

And, speaking of controversial civil liberties threats, what about the willy-nilly searching of library records? Here's what Kobach has to say about that:

"With respect to library records, what people fail to remember, what the critics of the Patriot Act fail to mention is that Grand Juries have been able to subpoena library records for decades without any judicial approval. In contrast, under the Patriot Act, if it is ever used, this provision requires a judge to approve and issue the subpoena of the records."** (italics added)

That's right-- "if it is ever used."

The section in question is Section 215. It has created a ton of controversy, and Attorney General John Ashcroft has been operating essentially a propaganda campaign to put the controversy to rest by claiming, among other things, that Section 215 has never been used. You can read an excellent critique of this propaganda here.

It's curious, then, that Kobach is attempting to attack Congressman Moore for voting "against funding a section of the Patriot Act that allows the federal government to obtain business records, library records and other documents with a court order." What he's talking about is Congressman Moore voting against funding for the library-search portion of Section 215.

So, let's re-cap, shall we?

Kris Kobach doubts this part of Section 215 will ever be used and says it "has never been used."

John Ashcroft flat out proclaims this section of Section 215 will never be used.

And yet Dennis Moore is to be criticized for voting against funding a portion of Section 215 which will supposedly never be used anyway?

There's only one thing to call that... BS.

What other unused programs will Kobach be funding in Congress? Maybe a more sequential return to the moon? Or perhaps he'll reach out to hunters?


* So now lawsuits are good again?

** Yes, grand juries -- made up of citizens -- not a secret court, which is what the Patriot Act allows the FBI to go to for a warrant to search your -- or our -- library records. But rest assured, if you have a complaint about the secret court's application of the Patriot Act, you can file a complaint...with the same secret court and only then if you're a government lawyer or agent with the proper clearance. Well, at least they're consistent.

The Falwell Connection

Mike Hendricks, your straightforward approach is always to be admired, particularly when you break it down far better than we could. Plus you've got a column in The Kansas City Star, rather than just a piddly blog.

Candidate gets a bad connection

What are we supposed to think about Kris Kobach making the rounds of conservative churches this week with the likes of the Rev. Jerry Falwell? ...

Certainly pols can't pick their friends. But when they choose them, as did Kobach when he volunteered to tag along with Falwell and Johnston, it's for a reason.

My only question is: Why on earth would Kobach want to associate himself with a divisive figure like Falwell at this stage in the campaign? ...

Somehow, I'm guessing, all this won't sit well with many of the moderate voters Kobach needs to win over.

It's doubtful many of them would agree with the statement that the 9-11 terrorist attacks were God's way of punishing America for its immorality. ...

Or that Falwell “live(s) to see the day when, as in the early days of our country, we won't have any public schools.”

But hey, what do I know? I'm not a shrewd political strategist.

The question: Is Kobach?

Good questions all.

Vets back Moore, perplex Kobach

The political arm of the Veterans of Foreign Wars have endorsed Congressman Dennis Moore, reports Brad Cooper of The Kansas City Star today.

“I think he has done a lot legislative-wise for veterans' benefits and active-duty personnel and we really, really appreciate that,” said Ray Calore, commander of the VFW's District 2 in Kansas. “There are so-called politicians of all persuasions out there, Democrat and Republican, who obviously don't do enough. I think Dennis Moore is doing a fine job for veterans.” ...

The VFW's Web site shows that Moore consistently voted the way the organization wanted during 2003. Among other things, Moore voted for a $23.9 billion appropriation for Veterans Affairs, according to the VFW.

So Moore's record on veterans issues is strong, hence the endorsement. But Kris Kobach is perplexed...

Kobach called the VFW's endorsement of Moore “really strange,” especially because the congressman voted against a constitutional amendment banning desecration of the flag.

Wow, great comeback.

Are you sure the VFW isn't interested in gay marriage, too? Add another random cultural issue on there and you may be able to swing the endorsement...

Kobach promotes study by anti-gay extremist

Researcher cited by Kobach says giving homosexuals civil rights has created "germ machine" -- Cameron advocated quarantine for anyone with HIV and even extermination of homosexuals

In yesterday's Lawrence Journal-World online chat, Kris Kobach was asked to name the study he often cites that says children are harmed by living in a family where the parents are homosexuals.

Kobach's response:

Regarding the adverse impact on children who are raised in homosexual households, the studies are numerous. You might start with Dr. Paul Cameron, The Family Research Institute of Colorado Springs, "Homosexual Parents, Adolescents," (1996) 31, 757-776.

Who is Dr. Paul Cameron?

Well other than saying that allowing homosexuals to have civil rights has created a giant "germ machine," calling for the quarantine of anyone with HIV, and, according to fmr. Surgeon General C. Everett Koop, recommending the extermination of homosexuals, Cameron is someone who has received multiple rebukes and censures during his career. Our favorite quote comes from the American Sociological Association:

"Dr. Paul Cameron has consistently misinterpreted and misrepresented sociological research on sexuality, homosexuality, and lesbianism" and he "has repeatedly campaigned for the abrogation of the civil rights of lesbians and gay men, substantiating his call on the basis of his distorted interpretation of this research."

Sounds like a very credible source, Kris. Anyone else you'd like to recommend? We'd be happy to Google them for you too.

End running into the sanctuary

Brad Cooper of The Kansas City Star has a lengthy article today on the effort to mobilize evangelical churchgoers by local pastors, Jerry Falwell and "constitutional law professor" Kris Kobach.*

Yep, that's what the invitation to the event with Falwell tomorrow night calls him. No mention of the fact that he just happens to be running for Congress this year. Why, that's not even the reason Kobach will be coming on this tour with Falwell, says the Rev. Jerry Johnston.

Johnston said Kobach was invited to join the activities because of his expertise on constitutional issues.

Johnston said Kobach's appearances have nothing to do with the congressional race in which Kobach has campaigned heavily against abortion and gay marriage.

“We are not taking him there to turn these policy briefings into a political campaign for Kris Kobach,” Johnston said.

Of course not! They're just taking Kobach there to talk about very issues that he just happens to be running on in front of an audience that just happens to be very likely to vote for him based on those issues at an event that just happens to be sponsored by a tax-exempt church and that just happens to be designed to encourage the attendees to vote.

What a remarkable series of coincidences!


* They may want to check Kobach's credentials first. At a recent speech at Mid-America Nazarene University, constitutional law professor Kobach reportedly said that Jesus is the foundation of the American government -- an interesting statement from a constitutional law professor, considering that there is no mention of God or the Creator in the Constitution, let alone a reference to Jesus Christ.**

Reading something into the Constitution that isn't there? That sounds a lot like one of those dreaded liberal activist judges who likes to add his/her own opinions into the interpretation of the Constitution, rather than a "strict constructionist."

** Yes, God is mentioned in the Declaration of Independence, however that is not any more of a binding document now than the Articles of Confederation.

*** And yes, the headline is a reference to the sci-fi classic Logan's Run.

Kobach's ad: Claims vs. Reality

In the first attack ad of the general election, Kris Kobach takes aim at "illegal aliens" -- and voters' fears -- using scary night vision footage of scary immigrants (they could be terrorists!) crossing the border.

Kobach's ad says more about him -- and his extreme position when it comes to immigrants -- than it says about Congressman Moore.

Here's a rundown of Kobach's claims and the reality.

Kobach opens* by saying the borders are "wide open" and features a quote from a wire story** saying that al Qaeda "could launch an attack from south of the border." The article he cites is actually about attacks in Central America, not the United States.

Kobach then claims that "Dennis Moore refuses to send troops to the border" and cites House Vote 196.

On that vote, 20 Republicans joined Moore in opposing the amendment, including Reps. Flake, Kolbe, Wilson, Drier, and Cunningham, all of whom represent border states (Arizona, New Mexico, and California.)

The sponsor, Rep. Virgil Goode (R-VA) stressed that deploying troops is not mandated by the amendment. "I emphasize that this is optional," he said, making Kobach's claim about the nature of Moore's vote misleading on its face.

On the merits of sending troops to the border, Rep. Duke Cunningham (R-CA), himself a veteran and representative of a border area, had this to say about the plan Kobach supports:

"I used to think this was a good amendment, until you start thinking about it. You just do not send a Marine or someone in the Army to the border. ... [W]hen you take a look at what it actually does, with our military so thin today and so drawn out, it would be disastrous, I think, for our men and women in the service itself." (Emphasis added)

Rep. Silvestre Reyes (D-TX), himself a former Border Patrol agent, had this to say: "We should not use military personnel for these kinds of jobs" because it "reduces unit readiness and overall combat effectiveness of our armed services."

Republicans used to be critical of sending the military to do police work. Now some of them advocate the very same thing in order to get elected.

Kobach then claims Moore "even voted to give illegal aliens amnesty and in-state tuition." Kobach cites one bill and one vote for this claim.

HR 1684, which Kobach criticizes Moore for co-sponsoring, says that students should be treated the same when it comes to state residency requirements, regardless of their immigration status. It does not give them automatic in-state tuition.

Who else co-sponsored this bill that Kobach thinks is so radical? Rep. Todd Tiahrt (R-KS) and 145 other Republicans and Democrats. It was introduced by Republican Rep. Chris Cannon of Utah, which is not exactly a liberal hotbed.

Regarding the vote, Kobach claims House Vote 53 in 2002 was a vote to "give illegal aliens amnesty." Once again, Kobach shows his extremism.

Rep. Dennis Moore voted with 92 Republicans, including Rep. Todd Tiahrt (R-KS) and the Majority Leader, Rep. Tom DeLay (R-TX), on this issue because it wasn't a vote for "amnesty" -- it was a vote to agree to Senate amendments on a bill that would push back an already existing deadline (to April 30, 2002) to allow a limited classification of immigrants who already have jobs in the United States to pursue legal U.S. residency without leaving the U.S.

These amendments the House agreed to were passed by the Senate on a Unanimous Consent motion -- meaning Kansas Senators Brownback and Roberts agreed as well. But since the Senate never took up the bill again, it went nowhere...

...except into a Kobach campaign ad where he shows us he's more extreme on immigration than Tom DeLay, and that's saying something.


* Kobach's opening shot is of him on the campus of the University of Kansas, which he never actually attended. Did his consultants say having the tall shaft of the Campanile in the background would project manly strength?

** Kobach says this story comes from The Kansas City Star rather than, say, the Biloxi Sun Herald or any of the dozens of other places it ran, to give it a local feel. The statement he quotes is by the reporter, not by any expert.

Kobach launches first KS03 attack ad

We're getting reports that Kris Kobach has launched the first attack ad of the Kansas-3 general election. So far the ad has only been seen on cable TV -- not broadcast channels which reach more people -- but we do know it attacks Congressman Moore on the issue of border security and immigration.

Kobach made immigration and immigrants a focus of his primary campaign -- much to the delight of certain supporters -- so it figures that he would do the same in the general election.

Kobach brings up the issue of tuition for children of illegal immigrants, once again dishonestly implying that they get special treatment -- something the non-partisan League of Women Voters of Kansas has already debunked.

The ad also criticizes Moore for not voting to send the National Guard to stand watch on the border. Of course Kobach never says:

1. How Kobach would pay for this costly deployment.
2. Where these troops would come from, considering the Guard is already overstretched by Iraq and Afghanistan deployments.
3. Whether and how the Guard would be trained for the new border security mission.
4. What the Guard would do when it captured illegal immigrants.

This last point is the biggest one, in our opinion. Kobach has criticized releasing the illegal immigrants right back across the border into Mexico -- but where else would they be sent? And if he is concerned about terrorists slipping in amongst immigrants, then they must be screened -- but where?

Does Kris Kobach want the National Guard to set up detention camps along the border? Guantanamo on the Rio Grande?

Beefing up the border patrol -- which is trained for this mission -- and continuing its policy of sending illegal immigrants back into the heart of Mexico or the violator's home country, not just across the border, is a way to address the supply.

Yet, we're never going to get anywhere on this issue until we address the demand for low-cost labor -- namely the demand from many industries, including the meatpacking industry in SW Kansas, for low-cost, transient, and yes illegal, workers. Crack down on the employers -- i.e. the demand -- and the supply will take care of itself.

But going after business doesn't make for a good attack ad, so Kobach again trots out his National Guard canard. Heck, maybe they can work on that space-based missile defense system Kobach wants while they're sitting around the desert.