Swampland, TIME

Obama's High Crimes and Misdemeanor

This is the Hillary campaign's latest shot across Obama's bow: An "apparent violation" of New Hampshire election law. Among other things, "The call does not identify its sponsor -- the Obama campaign -- for 38 seconds. State law requires the sponsor to be named within 30 seconds."

The bill of particulars after the jump.

UPDATE, FROM THE CONFERENCE CALL: "Is this actually a violation or just 'apparently' one?" I didn't really understand the campaign's response. I believe it was something along the lines of "She's been working for change for 35 years!!!!"


HERE’S AUDIO OF THE CALL: http://www.youtube.com/watch?v=ElimSxFAwtA

Sen. Barack Obama is closing his New Hampshire campaign with a robocall that accuses Hillary Clinton of "last minute smears” and appears to violate NH law. The Clinton campaign is holding a conference call this evening to discuss the legal issues associated with the Obama campaign’s illegal activity with Kathy Sullivan and Howard Wolfson.

There are two significant legal questions associated with the Obama campaign's robocall.

1. The Obama campaign delivered this robocall to people on the do-not-call list. It is illegal under NH state law to send prerecorded political messages to those on the do-not-call list. In 2006, the GOP made these kinds of calls against Rep. Paul Hodes. In response the New Hampshire Democratic Party said that it would be "prepared and ready to pursue any legal course of action necessary to protect the people of New Hampshire from illegal activities."

2. The call does not identify its sponsor -- the Obama campaign -- for 38 seconds. State law requires the sponsor to be named within 30 seconds. The robocall implies that it is sponsored by Planned Parenthood Northern New England. [RSA 664:14 ]

Call Transcript: "Hi this is Wendy Frosh, chair of the board of Planned Parenthood in Northern New England. As people have begun to rally around Barack Obama’s call for change, the (inaudible) attacks have begun. He was a (inaudible) activist in reproductive rights for more than 20 years, I know the facts. Barack has a 100% pro-choice record and has always been a champion for women’s rights. Hillary Clinton’s last minute smears won’t protect the right to choose. But as president, Barack Obama will. Please join me in supporting Barack Obama this Tuesday. Thank you. Paid for by Obama for America."

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Reader Comments (22)

RubyPanther:

By "the" do-not-call list, does that mean some state law that isn't explained, and few of us would be aware of? It's relevant, because the first thing I'd want to know (as a reader, but moreso if I was the one investigating and reporting) is if the recipient was correctly enrolled on the list in question, or just on the Federal list.

I know in my state, there is a state list but you have to pay $2 to get on it. So many people only use the Fed list, and only have those protections.

I find it bizarre that a candidate would want to be associated with such a thin attack as "8 seconds late."

Dave:

mark penn seems to be grasping at straws. is he karl rove in disguise, trying to sabotage hillary?

Acid J:

Can we get a little 'so what'? Some context? Links? (Anyone else talking about this?)

hmercury:

Could you be any more derisive, Ms. Cox? If Senator Clinton had been the perpetrator rather than victim of (allegedly) illegal tactics, you'd rip into her.

JoeCHI:

I have to agree with hmurcury.

If Clinton was making the calls, Cox along with the MSM would be shrill as well as armed with pitchforks and torches to boot!

whskyjack:

I believe the head line should have been "rookies make a rookie mistake"
happens you know.

Jack

joan:

Hillary is held to a different and higher standard than the men. e.g., Edwards is "passionate," Hillary is "angry or shrill." That is so wrong...yet so predicatable. Any female who has broken the glass ceiling in their line of work has had to prove herself over and above that required for the males.

The same has been true for people of color...so why isn't it happening for Obama. It's puzzling that folks are accepting him and his high-minded rhetoric so hungrily and unquestioningly. It suggests a populace hungry for inspiration? No small thing. Can Hillary modify her message to appeal to that apparent need in us. If so, she'll be unbeatable. Because she does have the substance.

gsd:

It seems to me that Romney committed a more obvious and egregious violation of election law. Last night he declared to McCain "I don't describe your polan as amnesty in my ad. I don't call it amnesty." This morning on This Week he confronted with one of two ads of his that does call the imigration plan sponsered by McCain amnesty. George Stephanopoulos asked him, "Had you not see your own ad?" Romney replied, "I hadn't seen that one." George noted that there were actually two of them and Romney quickly stated, "I was simply incorrect." There are two problems here (aside from how incorrect he really was during a national debate). First, 11 CFR 110.11(c)(3), part of the Federal Election Commission regulations, clearly requires that the candidate approve and authorize the commercials and states as much in the ad. So, if he was telling George the Truth, he must have violated this law. Equally bad, if he did actually "see that one" he once again was lying. Either way, this seems much more serious then what Obama's call may have dones and I wonder if anyone noticed this?

RubyPanther:

Joan,
The main criticism that is popularly made of Edwards in the media is that is he is too angry. Get out of the cave, silly. Don't sit there angry in the dark.

And no, you can't just choose a careful message to pander to people who want to be inspired. You have to be doing it all along, all the way.

And yeah, I had assumed for a decade I'd be a Hillary supporter. If she would have been attempting "inspirational" all along, I'd never have become undecided and looked to others. But no, her message was, "it's my turn." It was, but it was her turn to be inspirational, not just her turn to be annointed.

As far as race, it turns out the people who don't really want to hear about it now outnumber the passive racists who are willing to discard somebody based on their race, not because they personally dislike them, but because they have a view of the world where they assume there is some racist barrier, declare it "reality," and then pander to it.

nickzi:

Somehow, this latest Clinton attack strikes me as being preposterously nickel-and-dime stuff. I mean, eight seconds? How pathetically desperate is Hillary? Or is Mark Penn just trying to present her as lashing out at any possible chance? All Obama has to do is apologize graciously for any mistakes made, while pointing out that the Hillary campaign is the one employing racist slurs about cocaine dealing (alleged). Frankly, if anyone looks bad, it is more likely Hillary than Obama.

Michael Hoefer:

The robo call was response to a misleading (at best) mailer from the Clinton Campaign questioning Obama's commitment to a Woman's right to choose.

Mailer is here
http://tpmelectioncentral.com/2008/01/hillary_mailer_hits_obama_on_abortion.php

There is some discussion here
http://www.bluehampshire.com/showDiary.do?diaryId=3134

and
http://www.bluehampshire.com/showDiary.do?diaryId=3135

mediasux:

"Is this actually a violation or just 'apparently' one?"

its "apparent" in the same way that the word "alleged" is used to describe someone caught red-handed committing a crime -- but hasn't been convicted yet.

I didn't really understand the campaign's response. I believe it was something along the lines of "She's been working for change for 35 years!!!!"

are you trying to tell us that they didn't explain that robocalls to people on a do not call list were illegal under New Hampshire law, and that they didn't explain that state law requires the group paying for the call to identify who was paying within 30 seconds?

Or is it that you just don't understand these kinds of complex legal issues?

Here's an idea...why don't you find out what the seven votes concerning a woman's right to choose were that Obama voted "present" on were, and give readers the information to know whether Clinton is "smearing" Obama, or Obama is "smearing" Clinton for telling the truth about Obama.

mediasux:

oh look... I was able to spend about two minutes in a google search before I managed to find what the votes were about...

http://blogs.abcnews.com/politicalradar/2007/07/obama-abortion-.html

and as it turned out, Clinton was telling the truth. Obama consistently refused to take a stand on controversial issues concerning a woman's right to choose.

As to Planned Parenthood's "100%" rating for Obama, lets not forget that PP also endorsed Rape Guerney Joe instead of Ned Lamont in 2006...

Michael Hoefer:

Media Sux... May suggest you do some research yourself
http://blogs.chicagotribune.com/news_columnists_ezorn/2007/12/disparagement-o.html

Why would he then vote "present" instead of a resounding "no" on certain bills advanced by lawmakers opposed to abortion rights?

"To provide cover for other Democrats who were shaky on the issue in an effort to convince them not to vote `yes,'" Sutherland said. "The idea is to recruit a group to vote `present' that includes legislators who are clearly right with the issue."

Sutherland is Planned Parenthood's chief lobbyist in Springfield, IL.

AA:

In getting desparate, the Clinton campaign is making a fool of themselves once again. The NH law they mention does not apply to presedential primary campaigns.

"664:1 Applicability of Chapter. The provisions of this chapter shall apply to all state primary, general and special elections, but shall not apply to presidential preference primaries."
http://www.sos.nh.gov/rsa664.htm

I am sure they know this (this is the first sentence of the law) but went ahead with the attack any way. Obama campaign legally responded to an earlier attack by Clinton campaign distorting Obama's record on abortion.

Clinton campaign is throwing whatever they can at Obama in the hope that something would stick. I hope NH sees right through this.

nickzi:

@ AA

I have to say, it is great to have someone posting who actually knows the relevant law! Thank you so much for clarifying this.

mediasux:

"To provide cover for other Democrats who were shaky on the issue in an effort to convince them not to vote `yes,'" Sutherland said. "The idea is to recruit a group to vote `present' that includes legislators who are clearly right with the issue."

uh, sorry, but that doesn't excuse Barack Obama's refusal to vote "no" --- he chose to avoid the vote, just like the rest of the "don't wanna have to vote 'yes'" bloc.

Its called leadership, and standing up for a woman's right to choose, rather than playing cute little political games.

And while you can agree or disagree with Obama's decision, Clinton did nothing wrong in pointing out that when it came time to stand up, Obama was AWOL.

mohu:

what i think is interesting, is that by raising a stink about obama's response to HRC's mailer... they have given that response far more effect and reach... I would never have heard about O's response were it not for HRC's folks pushing the story... the law of unintended consequences and all that... heh.

m.

Shaun Dakin:

These calls are an epidemic and are invading the privacy of All American Voters.

Our members are taking a stand and saying enough is enough at the National Political Do Not Contact Registry at StopPoliticalCalls.org.

Here is a quote from a member this morning:

"I find it very frustrating... I tend to get calls at the WORST time. I have a one year old daughter, and it NEVER fails that the phone will ring when I put her down for a nap or for bed. Also my vote is PRIVATE... so who do you think you are calling with a survey to find out who I am voting for!!! Stop calling me."

Regards,

Shaun Dakin
CEO and Founder
http://www.stoppoliticalcalls.org

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