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OH-02: Schmidt Twit Tweets While Free-Speech Supression Case Goes Up
in Flames
Daily Kos
August 13, 2009
by Ohiobama
New York Post headline writers, eat your hearts out.
Reeling from the testimony last Saturday of FBI whistleblower Sibel
Edmonds, Jean Schmidt will withdraw four of eight counts of alleged
"false statements" at this morning's hearing of the Ohio Elections
Commission, in what I have dubbed "the Genocide Denial Trial."
The case to be heard in Columbus at 9:30 am, was brought by our
inestimable Congresswoman against 2008 and likely 2010 challenger
David Krikorian. But it's now backfiring badly on Ms. Schmidt, who is
being hoist by her own retardedness, so to speak.
It's never a dull moment in OH-02, and so, on the eve of the hearing,
a Schmidt congressional staffer on the public payroll, one Stephen
Caraway, has been caught tweeting explicit campaign advertising
messages, which is illegal. see http://www.buckeyestateblog.com/...
More, as always, below the fold.
Ohiobama's diary :: :: See background on the Schmidt v. Krikorian case
before the Ohio Elections Commission here:
http://www.dailykos.com/...
See background on Sibel Edmonds's earth-shaking testimony in the case
here: http://www.dailykos.com/... and at http://www.Bradblog.com
See more on David Krikorian's campaign to unseat Jean Schmidt here:
http://www.dailykos.com/...
For coverage by the Dayton Daily News, "Political Flyer Headed to
Court," see http://www.daytondailynews.com/...
Today's Hearing
After Schmidt accepted $30,000 from Turkish interests, and then led
opposition to a House resolution that would have recognized the 1915
slaughter of Armenians by Turks as genocide, Krikorian, who happens to
be Armenian, had some choice words for his opponent, voiced in a 2008
campaign flyer. Ever-vigilant in offense against the Constitution,
Jean Schmidt decided to sue before the Ohio Elections
Commission. Hence today's hearing.
The Elections Commission will conduct the first preliminary hearing
this morning on charges made by Schmidt
ndent. (For the 2010 contest, Krikorian is running as a Democrat and
is likely to capture the nomination.)
Schmidt originally accused Krikorian of making eight "false
statements," all pertaining to her documented receipt of campaign
funds from individuals and groups with direct links to the Turkish
government, and her subsequent outspoken opposition to recognition of
the genocide committed by the Ottoman Turks against Armenians in the
years following 1915.
Ohio's statute barring "false statements" does not run counter to 1st
Amendment free-speech rights. It is merely a protection for Ohio
voters against statements intended to corrupt the election process. To
take actual examples from Ohio history, if a candidate were to
disseminate information misleading voters about the date of the
election or falsely suggesting that citizens are disqualified from
voting, the Elections Commission would step in to correct the
misinformation and sanction the offending candidate.
The statute does not attempt to restrict normal political discourse by
which a candidate takes issue with an opponent's positions and
actions, and certainly not if the statements made are demonstrably
true. Ms.. Schmidt, however, has embarked on an excercise in creative
law. She wishes to use the Ohio statute as a shield against
Mr. Krikorian's First Amendment rights.
Those plans began to backfire on August 8, when Sibel Edmonds, an
ethnic Turk who served as a Turkish and Farsi interpreter for the FBI,
spoke openly for the first time in deposition, in answer to a subpoena
issued by the Ohio Elections Commission in this case. Edmonds
testified to the direct control of the Turkish lobby in America by the
Turkish government, and to the illegal web of influence that lobby has
exerted on US members of Congress.
In other words, Edmonds, herself a Turk, provided hours of credible
testimony backing the truth of the assertions made by Krikorian during
the 2008 campaign. Krikorian told the Dayton Daily News afterward:
"This has to do with one of the absolute b
r country -- the flow of money from special interest organizations to
congressmen and senators in exchange for doing their bidding."
Reeling from the Edmonds deposition, which Schmidt's backers hoped
would be quashed by a Department of Justice gag order, Schmidt's
attorneys promptly filed a motion to withdraw four of eight alleged
"offenses" claimed under the Ohio elections statute.
A New Schmidt Allegation
As a tactical move to avoid sounding full retreat, Schmidt's lawyers
have filed a motion to add one new count to her complaint -- "her
latest effort to stifle the discussion of political issues and the
working of the marketplace of ideas," according to Krikorian's reply
memorandum.
At issue is the alleged opening line of the Krikorian 2008 campaign
flyer:
I ask the people of Ohio's second congressional district to ask
themselvesif our Representative should be taking money from a foreign
government that is killing our soldiers?
Ms. Schmidt claims that is a "false statement" actionable by the
Commission. Krikorian's attorneys have replied with citations proving
that a rhetorical question cannot be regarded as a "statement" that is
either true or false, under Ohio law. And Ms. Edmonds has testified
that the Turkish government did provide the funds employed by the
Turkish lobby in America, and also was involved in support of Islamic
groups in Central Asia where American troops did become the target.
The alleged false statement was neither false nor a
statement. Discuss.
Future of the Case
Presumably, the Elections Commission will allow the removal of four
counts of the complaint, will disallow the new count based on lack of
merit, and will set a date for full hearing on the four remaining
counts. Krikorian has asked for a postponement until October, so that
Sibel Edmonds can testify in person at the hearing.
I will update this diary after this morning's hearing.
Twitter Tweet
Regarding Ms. Schmidt's most recent legal violation, the seediness of
Mr. Caraway's action speaks for itself and harkens ba
aign manager and congressional staff director, until the illegality of
that arrangement was pointed out.
Mr. Bennett is the same brilliant spokesman who responded to
revelations in 2006 that Schmidt supported high-level nuclear waste
storage at the eastern end of OH-02 by saying that we of that locale
"are already comfortable with nuclear material in their backyards."
Speaking for myself, I have a comfortable place in mind for
Mr. Bennett.
Only the House Ethics Committe can act against a sitting member of
Congress. This body has been most reluctant to take punitive measures
against Ms. Schmidt in the past -- apparently she serves a useful
purpose in her current position for both Republicans and Democrats. We
of Ohio's Second District only marvel at the apparent conspiracy to
deny us effective representation in Congress.
In lieu of condolences, please support the Krikorian campaign through
ActBlue at https://secure.actblue.com/...
Here is yesterday's press release by the Krikorian campaign:
Krikorian For CongressPress Release
FBI Whistleblower Provides Revealing Testimony In Schmidt v. Krikorian
Case
Ohio Elections Commission To Hold Preliminary Hearing Tomorrow
Cincinnati, OH - August 12, 2009 - FBI Whistleblower Sibel Edmonds,
testified on Saturday to her knowledge of Turkish Government
infiltration of US Department of State and the US House of
Representatives. The testimony was revealing and will be used in David
Krikorian's defense against frivolous false statement claims brought
by his 2010 opponent Representative Jean Schmidt.
Ms. Edmonds testified that the Turkish Lobby in the United States was
under the direction of the Turkish Government and engaged in
operations including bribery, espionage and blackmail with certain
members of the US House of Representatives to further its objectives
in the United States including one of which is the denial of the
Armenian Genocide.
Representative Schmidt took more money from the Turkish lobby in the
2008 election cycle than any other member of the
ons from the Turkish lobby in 2009 despite there being almost no
Turkish people or interests in Ohio's 2nd congressional district.
FOX News is reporting today that the Turkish Coalition of America,
whose political action committee is a large contributor to the Schmidt
campaign, had its Armenian Genocide denial ads pulled by Google. A
Spokesman for Google said the company does not allow ads for Web sites
"that suggest revisions to history or attempt to revise history
against the interests of a protected group."
"Jean Schmidt has displayed a pattern of taking money from groups in
exchange for pushing their agendas" said David Krikorian "Whether it
be taking money from the trucking industry to raise the federal weight
limit on tractor-trailer trucks despite the public safety hazard and
road damage concerns or taking money from the banking lobby to push
for bailouts for the banking industry or in this case taking money
from the Turkish lobby in exchange for pushing its denial of the
Armenian Genocide, Jean Schmidt has shown that she is for sale in the
US House.
The Ohio Elections Commission will conduct a preliminary hearing
tomorrow in Columbus. The hearing is open to the public and begins at
9:30 AM. Mr. Krikorian is confidant that the facts of the case will
support his defense against Schmidt's outrageous claims.
Krikorian For Congress
[email protected]
UPDATE: As expected, Jean Schmidt withdrew four of eight prior counts
of alleged "false statements," this morning. She also added the new
count desribed above, which the OEC agreed to hear at a full hearing
on September 3. The post-hearing press release from the Krikorian
campaign follows:
Krikorian For CongressPress Release
Schmidt Drops Four False Statement Claims Against Krikorian
Republican Congresswoman Essentially Admits Denial of Armenian
Genocide
Cincinnati, OH - August 13, 2009 - Attorneys for Jean Schmidt
petitioned the court today to add a new claim after dropping four of
her initial false statement charges again
"Jean and her friends at the Turkish Legal Defense Fund are on a
fishing expedition" said Mr. Krikorian "First she brought the charges,
then she realized that she could not win her case and petitioned the
court to drop the charges, now she is adding a new one. Typical Jean
Schmidt behavior, its a shame she is not putting forward this kind of
effort on the health care debate" said Mr. Krikorian.
The statements Schmidt claimed were false are in relation to her
denial of the Armenian Genocide. In dropping the charges, Schmidt
essentially conceded that she does deny the Armenian Genocide.
Jean Schmidt took more money from the Turkish Lobby during the 2008
election cycle than any other member of Congress. "Being #1 on the
Turkish Lobby scoreboard has financial advantages for Jean, but what
does it do for our district?" asked Mr. Krikorian adding, "We look
forward to the full commission hearing in a few weeks."
in Flames
Daily Kos
August 13, 2009
by Ohiobama
New York Post headline writers, eat your hearts out.
Reeling from the testimony last Saturday of FBI whistleblower Sibel
Edmonds, Jean Schmidt will withdraw four of eight counts of alleged
"false statements" at this morning's hearing of the Ohio Elections
Commission, in what I have dubbed "the Genocide Denial Trial."
The case to be heard in Columbus at 9:30 am, was brought by our
inestimable Congresswoman against 2008 and likely 2010 challenger
David Krikorian. But it's now backfiring badly on Ms. Schmidt, who is
being hoist by her own retardedness, so to speak.
It's never a dull moment in OH-02, and so, on the eve of the hearing,
a Schmidt congressional staffer on the public payroll, one Stephen
Caraway, has been caught tweeting explicit campaign advertising
messages, which is illegal. see http://www.buckeyestateblog.com/...
More, as always, below the fold.
Ohiobama's diary :: :: See background on the Schmidt v. Krikorian case
before the Ohio Elections Commission here:
http://www.dailykos.com/...
See background on Sibel Edmonds's earth-shaking testimony in the case
here: http://www.dailykos.com/... and at http://www.Bradblog.com
See more on David Krikorian's campaign to unseat Jean Schmidt here:
http://www.dailykos.com/...
For coverage by the Dayton Daily News, "Political Flyer Headed to
Court," see http://www.daytondailynews.com/...
Today's Hearing
After Schmidt accepted $30,000 from Turkish interests, and then led
opposition to a House resolution that would have recognized the 1915
slaughter of Armenians by Turks as genocide, Krikorian, who happens to
be Armenian, had some choice words for his opponent, voiced in a 2008
campaign flyer. Ever-vigilant in offense against the Constitution,
Jean Schmidt decided to sue before the Ohio Elections
Commission. Hence today's hearing.
The Elections Commission will conduct the first preliminary hearing
this morning on charges made by Schmidt
ndent. (For the 2010 contest, Krikorian is running as a Democrat and
is likely to capture the nomination.)
Schmidt originally accused Krikorian of making eight "false
statements," all pertaining to her documented receipt of campaign
funds from individuals and groups with direct links to the Turkish
government, and her subsequent outspoken opposition to recognition of
the genocide committed by the Ottoman Turks against Armenians in the
years following 1915.
Ohio's statute barring "false statements" does not run counter to 1st
Amendment free-speech rights. It is merely a protection for Ohio
voters against statements intended to corrupt the election process. To
take actual examples from Ohio history, if a candidate were to
disseminate information misleading voters about the date of the
election or falsely suggesting that citizens are disqualified from
voting, the Elections Commission would step in to correct the
misinformation and sanction the offending candidate.
The statute does not attempt to restrict normal political discourse by
which a candidate takes issue with an opponent's positions and
actions, and certainly not if the statements made are demonstrably
true. Ms.. Schmidt, however, has embarked on an excercise in creative
law. She wishes to use the Ohio statute as a shield against
Mr. Krikorian's First Amendment rights.
Those plans began to backfire on August 8, when Sibel Edmonds, an
ethnic Turk who served as a Turkish and Farsi interpreter for the FBI,
spoke openly for the first time in deposition, in answer to a subpoena
issued by the Ohio Elections Commission in this case. Edmonds
testified to the direct control of the Turkish lobby in America by the
Turkish government, and to the illegal web of influence that lobby has
exerted on US members of Congress.
In other words, Edmonds, herself a Turk, provided hours of credible
testimony backing the truth of the assertions made by Krikorian during
the 2008 campaign. Krikorian told the Dayton Daily News afterward:
"This has to do with one of the absolute b
r country -- the flow of money from special interest organizations to
congressmen and senators in exchange for doing their bidding."
Reeling from the Edmonds deposition, which Schmidt's backers hoped
would be quashed by a Department of Justice gag order, Schmidt's
attorneys promptly filed a motion to withdraw four of eight alleged
"offenses" claimed under the Ohio elections statute.
A New Schmidt Allegation
As a tactical move to avoid sounding full retreat, Schmidt's lawyers
have filed a motion to add one new count to her complaint -- "her
latest effort to stifle the discussion of political issues and the
working of the marketplace of ideas," according to Krikorian's reply
memorandum.
At issue is the alleged opening line of the Krikorian 2008 campaign
flyer:
I ask the people of Ohio's second congressional district to ask
themselvesif our Representative should be taking money from a foreign
government that is killing our soldiers?
Ms. Schmidt claims that is a "false statement" actionable by the
Commission. Krikorian's attorneys have replied with citations proving
that a rhetorical question cannot be regarded as a "statement" that is
either true or false, under Ohio law. And Ms. Edmonds has testified
that the Turkish government did provide the funds employed by the
Turkish lobby in America, and also was involved in support of Islamic
groups in Central Asia where American troops did become the target.
The alleged false statement was neither false nor a
statement. Discuss.
Future of the Case
Presumably, the Elections Commission will allow the removal of four
counts of the complaint, will disallow the new count based on lack of
merit, and will set a date for full hearing on the four remaining
counts. Krikorian has asked for a postponement until October, so that
Sibel Edmonds can testify in person at the hearing.
I will update this diary after this morning's hearing.
Twitter Tweet
Regarding Ms. Schmidt's most recent legal violation, the seediness of
Mr. Caraway's action speaks for itself and harkens ba
aign manager and congressional staff director, until the illegality of
that arrangement was pointed out.
Mr. Bennett is the same brilliant spokesman who responded to
revelations in 2006 that Schmidt supported high-level nuclear waste
storage at the eastern end of OH-02 by saying that we of that locale
"are already comfortable with nuclear material in their backyards."
Speaking for myself, I have a comfortable place in mind for
Mr. Bennett.
Only the House Ethics Committe can act against a sitting member of
Congress. This body has been most reluctant to take punitive measures
against Ms. Schmidt in the past -- apparently she serves a useful
purpose in her current position for both Republicans and Democrats. We
of Ohio's Second District only marvel at the apparent conspiracy to
deny us effective representation in Congress.
In lieu of condolences, please support the Krikorian campaign through
ActBlue at https://secure.actblue.com/...
Here is yesterday's press release by the Krikorian campaign:
Krikorian For CongressPress Release
FBI Whistleblower Provides Revealing Testimony In Schmidt v. Krikorian
Case
Ohio Elections Commission To Hold Preliminary Hearing Tomorrow
Cincinnati, OH - August 12, 2009 - FBI Whistleblower Sibel Edmonds,
testified on Saturday to her knowledge of Turkish Government
infiltration of US Department of State and the US House of
Representatives. The testimony was revealing and will be used in David
Krikorian's defense against frivolous false statement claims brought
by his 2010 opponent Representative Jean Schmidt.
Ms. Edmonds testified that the Turkish Lobby in the United States was
under the direction of the Turkish Government and engaged in
operations including bribery, espionage and blackmail with certain
members of the US House of Representatives to further its objectives
in the United States including one of which is the denial of the
Armenian Genocide.
Representative Schmidt took more money from the Turkish lobby in the
2008 election cycle than any other member of the
ons from the Turkish lobby in 2009 despite there being almost no
Turkish people or interests in Ohio's 2nd congressional district.
FOX News is reporting today that the Turkish Coalition of America,
whose political action committee is a large contributor to the Schmidt
campaign, had its Armenian Genocide denial ads pulled by Google. A
Spokesman for Google said the company does not allow ads for Web sites
"that suggest revisions to history or attempt to revise history
against the interests of a protected group."
"Jean Schmidt has displayed a pattern of taking money from groups in
exchange for pushing their agendas" said David Krikorian "Whether it
be taking money from the trucking industry to raise the federal weight
limit on tractor-trailer trucks despite the public safety hazard and
road damage concerns or taking money from the banking lobby to push
for bailouts for the banking industry or in this case taking money
from the Turkish lobby in exchange for pushing its denial of the
Armenian Genocide, Jean Schmidt has shown that she is for sale in the
US House.
The Ohio Elections Commission will conduct a preliminary hearing
tomorrow in Columbus. The hearing is open to the public and begins at
9:30 AM. Mr. Krikorian is confidant that the facts of the case will
support his defense against Schmidt's outrageous claims.
Krikorian For Congress
[email protected]
UPDATE: As expected, Jean Schmidt withdrew four of eight prior counts
of alleged "false statements," this morning. She also added the new
count desribed above, which the OEC agreed to hear at a full hearing
on September 3. The post-hearing press release from the Krikorian
campaign follows:
Krikorian For CongressPress Release
Schmidt Drops Four False Statement Claims Against Krikorian
Republican Congresswoman Essentially Admits Denial of Armenian
Genocide
Cincinnati, OH - August 13, 2009 - Attorneys for Jean Schmidt
petitioned the court today to add a new claim after dropping four of
her initial false statement charges again
"Jean and her friends at the Turkish Legal Defense Fund are on a
fishing expedition" said Mr. Krikorian "First she brought the charges,
then she realized that she could not win her case and petitioned the
court to drop the charges, now she is adding a new one. Typical Jean
Schmidt behavior, its a shame she is not putting forward this kind of
effort on the health care debate" said Mr. Krikorian.
The statements Schmidt claimed were false are in relation to her
denial of the Armenian Genocide. In dropping the charges, Schmidt
essentially conceded that she does deny the Armenian Genocide.
Jean Schmidt took more money from the Turkish Lobby during the 2008
election cycle than any other member of Congress. "Being #1 on the
Turkish Lobby scoreboard has financial advantages for Jean, but what
does it do for our district?" asked Mr. Krikorian adding, "We look
forward to the full commission hearing in a few weeks."