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Senate Playing Game of Chicken Over FEC Nominations

For Democrats, the stakes are high for Hans von Spakovsky's nomination to the Federal Election Commission. They say that a man who politicized the Justice Department and worked to disenfranchise voters has no place on the body regulating election issues. But the stakes for the fallout from his confirmation battle may be even higher.

Right now, the fight over von Spakovsky's nomination is at a stalemate. Senate Republicans insist that if von Spakovsky isn't confirmed, then none of the other three nominees to the Federal Elections Commission will get a vote. But a select group of Senate Democrats, led by Sens. Barack Obama (D-IL) and Russ Feingold (D-WI), say that they'll prevent any vote on von Spakovsky if his nomination is tied to the other nominees. For now, neither side is budging.

In holding the other three nominees hostage, the Republicans have a clear strategy. The commission typically has six members, three of them Republicans and three Democrats. If the Senate did not vote on any of the four nominees up for confirmation, then the commission would be down to only two members by the end of the year, which would effectively incapacitate it. The commission requires four members to operate. To prevent that from happening, President Bush could stock the commission with recess appointees while Congress was out of session.

Either one of those scenarios is "fraught with potential danger," Fred Wertheimer, the executive director of the nonpartisan watchdog Democracy 21, told me.

If the FEC were crippled, that would be bad, he said, creating a situation where outside groups funded by millionaires (like the Swift Boat Vets) could run amok in a campaign year. "That would be a license to steal and to completely ignore campaign finance laws."

But if the commission were stocked with the president's appointees, that would be much worse. "You could have an agency that leaves one party free to do whatever it wants, while raising concerns that the other party is breaking the law.

"The whole fight at the Justice Department over the firing of the U.S. attorneys has arisen over misusing the criminal justice system in order to influence political results.... Now, if you don't get some legitimate form of a commission ready to go for the 2008 election, you face the same danger, except with far greater stakes involved, mainly the presidency, the Senate and House -- who wins and who loses."

Update: With regard to recess appointments, it's worth noting that during last recess, Senate Majority Leader Harry Reid (D-NV) had plotted to keep the Senate in "pro forma" session in order to prevent Bush from making any recess appointments -- a strategy that eventually led to a deal with the White House not to make any appointments that recess.


68 Comments

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As though the only alternative is to take Bush's offer or forget it? Typical lilly-livered Democrats in Washington if you ask me.

First, all confirmations for everything should be halted until the Dictator agrees to withdraw our troops from Iraq beginning as soon as possible and concluding no later than December 2008.

Second, any BS nominee Bush puts up who clearly is nothing but a malevolent hack should be rejected out of hand. No discussion, no reconsideration. If he wants to nominate people then he needs to nominate people who are not clearly opposed to the policies they are to enforce and who do not have a history of partisan dirty tricks as does Baron Von Spakovsky.

Democrats can play the obstruction game too, but it would require a littel backbone and some cajones and I don't see much of that from the crowd of August leaders we have elected to the US Congress supposedly as Democrats.

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Seems like an impossible, lose-lose situation for Democrats.

Yet another reason that impeachment seems like a logical path.

-- ARG

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Democrats, if you are reading this, stick to your guns. No FEC is far better than one that has no integrity.

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The Senate must not let this man be cofirmed even if it means staying "in session" over the holidays to prevent a recess appointment.

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Gee, what a dilemma. Quake in your boots over what might happen...or do the right thing.

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Bush cannot make recess appointments if there is no recess.

Stand Firm.

Bang the Gavel every day.

You can take a vacation in December, 2009.

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I guess Bush doesn't really want his Attorney General confirmed then.

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ARG in Chicago is right, impeachment would certainly fix this problem and many others. Hoilday spirits would be raised worldwide this year if we could sing: Joy to the World George Bush is Gone.

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No more recesses. Stay in session and while in session, draw up articles of impeachment and stop the madness. Simple enough. Some say there aren't enough votes to convict on impeachment - that can't be known until the trial in the Senate commences and after the evidence is heard, and after all the criminality of this adminstration is laid out for the public to see, there may not be a Pub left who won't vote for impeachment. Confront this President now or the next one will be much worse, no matter who it is.

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All commenters here are right. By cowering to Republican strong-arming, they are empowering more of the same.

Stand up, plant your feet, and Demand what is right.

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ARG & Augustine - impeachment would do NOTHING. Impeachment without conviction is meaningless, and conviction requires two thirds of the Senate. If you think that 17 Republicans will vote to make Nancy Pelosi the President of the United States, you are completely barking *insane*.

LawyerSmith - it doesn't matter how much evidence there is, or how criminal the actions - the Republican party overwhelmingly SUPPORTS these criminal actions, after all.

Not allowing any recesses, though - that's a good idea, and a workable one.

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enough with the impeachment! Who gets impeached? Bush AND Cheney? and then what? You think Hillary, Edwards, and Obama want to see the speaker of the house become President? Or do you think a Cheney presidency is better? Or, do you just go after Cheney? What value does that serve? What you do is learn how to act as a partisan with pointed and value laden rhetoric to paint the other PARTY as inept and incapable of governing fairly and with a sense of common purpose.

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With Democrats out-raising the Republicans in every venue (Presidential race, Senate, and the House) by significant margins this cycle, how is an ineffectual FEC a problem for the Dems? Seems like it would be an advantage.

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eric:

Impeach Cheney and Bush. If they were smart they would resign to avoid having to face evidence against them. Pelosi would be OK for that short term.

Foxman:

With no members the committee can not take action to prevent election fraud.

George Bush is lower than whale shit in the eyes of the world. Just where does that put those who look up to him?

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What!Me Worry? Both parties have worked for the last half century to reduce the voting population, with great success. So what if the chinless wonder works at the FCC. The RNC has great plans for disenfranchising voters in 2008; this just makes it slightly easier & the Dems can cry crocodile tears all the while.

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"No FEC is far better than one that has no integrity."

Bingo.

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I'm certainly not an expert on the FEC, but as an outside observer of past elections, I frankly don't see how having the FEC "crippled" during next year would be a problem.

Maybe they do a lot that we don't hear about, but I've never SEEN an instance where the FEC responded immediately, anyway. They take the complaint and maybe start an investigation, and sometime the following year you might hear about a fine or whatnot.

They don't need a fully staffed board to accept complaints.

If it's leave it unstaffed for a cycle or allow someone who fundamentally doesn't believe in the right to vote to be a member, that's not even a difficult choice: leave it unstaffed for a cycle.

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Before we get too excited about Democrats losing this round of "chicken," we should take a moment to notice that the White House has very little game on this one.

The FEC is split, 3 seats for Republicans and 3 for Democrats, by law. Any appointments the president makes have to keep the balance between the two parties. The only thing a recess appointment gets around is the Senate confirmation. So if Bush wants to do an unprecedented end-run around the advice-and-consent rule just to appoint one Democrat for every Republican he names, well, be my guest.

Also, your update notes how easy it is to shut down the threat of recess appointments in general, but the FEC would seem to be a special case -- especially for Republicans in Congress. Considering how likely it is that they'll be living with a Democratic White House in the near future, is this really the time to be ratcheting up presidential control over the election commission?

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Cripple the FEC. No more king nominees for anything. Shut down the whole thing for all we care. What we want Nazis controlling our elections? We are better with no FEC. Let's contact the UN and get some gd observers to monitor the next election. We are like a banana republic, so we should have International monitors.

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This choice is a relatively simple one: stand firm and be resolute. A crippled Federal Elections Commission is several degrees more desirable than one which includes Hans von Spakovsky.

The response is also simple. The Republican MINORITY is insisting on the confirmation of a clearly undesirable and demonstrably unqualified member to the commission, threatening to retaliate to any attempt to confirm commissioners independently by blocking all of these confirmation. Get that? Obstructionist Republicans. Insisting that "…it's my way, or the highway."

Fine. Object. Stall. Sit. Refuse to be bullied by the minority. And, call these obstructionist bastards just what they are. In the end, the effort will have been worth it. This is the right battle at the right time, and it's no time to give way or compromise with the minority.

Got that, Senator Reid? Pay attention, now - we've got your back.

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Tactical battles like this always mask the true, main issue: The FEC, as currently constructed and controlled by the two main (and, corrupt) old party's, is broke- by design.

Election integrity is not about parties (at least, it's not supposed to be, in this country). It's about the integrity and legitimacy of the governance process. There are non-partisan government organizations - eg. GAO; CRS; Office of Technology Assessment (which needs to be brought back) before that. It's not impossible.
The governing law for the FEC needs to be changed so that no one may be put on it who has been active in partisan politics for the last five years. In short, a non-partisan FEC. Without that, even if it were truly given the enforcement powers it needs, they would never be used; since both big party's are guilty of gross violations of electoral and governance integrity laws on a regular basis.

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"To prevent that from happening, President Bush could stock the commission with recess appointees while Congress was out of session."

So, it seems to me that the answer to all of the potential bad things W can do through the rest of his term is for the Democratic leadership, which does actually control the calendar including adjournment, not adjourn for the next year. As Chris Dodd stated in the most recent debate, this might seem unrealistic. But, if their big "ace in the hole" is the recess appointment. The neutralizer is to take it away. I know, unrealistic, but sometimes you play the hand your dealt (and it seems like we've got a lot of cards on the table that are either not being used or are too frequently overlooked).

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May be im a mourner may be i deserve to do something else.
Need to feel the sense.

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An interesting parallel - when Iran's Ahmadinejad stands up in front of the UN and tells his whoppers, the world listens in amazement. When Bush stands up and tells us how his nominees are high quality, competent, non-political individuals; or that SCHIP will hurt the deficit, the world listens in amazement. Both are mad as hatters and both spout the Fundamentalist line.

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On what basis can the republicans hold hostage the other three nominees? If Von Spakovsky is a Republican, that means at least 1 of the other nominees is a Democrat -- how can the Republicans hold that person's nomination hostage? I thought the Senate was controlled by the Democrats.

I don't see how Bush packing the FEC with recess appts would be worse than Von Spakovsky -- I agree with the other commentators here -- demand reasonable Republican nominees, and stay in session to prevent recess appts. Surely the danger of the FEC throwing the 2008 election should focus the Democrats' minds wonderfully on this.

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and of course dems are powerless to talk about spakovsky everywhere they go until the media picks up on why he's evil and repubs are forced to pull his name or look even worse next year

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Without going into whether impechment is a good thing or a bad thing, I think we all know these Dems won't do it. If the Dems had pressed for documents, enforced their subpeonas, and blockjed a few key funding votes then I think they'd have more leverage than they have now. They haven't, so I don't think there will be enough time for impeachment before the elections.

That said, the Dems should STILL pursue those lines that could lead to impeachment, for one solid reason: it will damage the Repubs even more by Nov 2008, and it will give them more leverage to get things they want done.

Repubs should be MADE to filibuster on record and in person. Repubs should be made to answer for supporting filibusters of legislation wanted by 70% of the people. Repubs who flaunt subpeons should be held accounatble to the Congress to set an negative example for future presidents of any stripe.

If not, then there is but one lesson a future president can take away: If you just say no, Congress will wring their hands, send sternly worded letters, and end with a very concerned "well, I never!" as they walk away to compose another sternly worded letter.

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Every Democrat who gets on radio or TV needs to say that the Republican leadership is blocking every vote, playing dirty tricks, and otherwise stacking the deck. Stay in session until the 08 election to prevent any recess appointment.

And every committee should block any Bush appointments.

Just what must he do to warrant impeachment? Oh, sex with an intern. Are there any volunteers?

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Fred Wertheimer, whom you kindly cited, also wrote an elaborate critique at Democracy21's website explaining the defective construction of FEC. Given the under-funding condition of the new HAVA's EAC, I wonder if FredW sees some alternative way out of the elections oversight standoff; HAVA was progress, but VRA is being bent in state courts in ways to suppress voters. Which is to say, oversight will be important in 2008, or we will be back at Scotus with the Brooks Brothers rebellion members crowing once again that the vote counting in FL should stop and the Republican candidate deserves appointment by Scotus again, as in 2000.

Actually, I see a connectivity between a potential Mukasey nomination completion and the FEC standoff; if congress can devise a way to improve both FEC and EAC, some of the depoliticization of DoJ which would be part of Mukasey's early chores, could be done in concert with congress.

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Actually, all of these stupid games need to be stopped in their tracks. The only solution is getting rid of Bush and Cheney. You know that Rove is still pulling the strings. You know that Grover Norquist is still running the government. Could someone please say that? We need new leadership, especially Democratic. That would be the Democratic wing of the Democratic party.

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This is no-brainer political winner for the democrats. Make the Republican defend Mr. Von Voter-Supression.

Call Bush a hack and a liar and go to war with him over the charge that he's trying to rig the election because he knows he can't win it with impartial oversight.

If Bush and the Republicans tank the FEC board, then campaign on the fact that they will not operate in good faith as a minority and they don't care about honest elections.

Is any independant or Democratic voter going to doubt this? The Republicans have no leg to back up their threats. If they tank the FEC it's one more reason you need to elect a party that believes government should at least try to function.

The Republicans want to run as being against fair elections? Let em.

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Sounds like the FEC will be crippled if they confirm Spakovsky, so let the Republicans hold the entire process hostage. No more capitulating! The Democrats don't seem to have gotten the message yet that they will get nothing in return from the Republicans. For them it's all take and no give so stop pandering to them!

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After 2000 and 2004...does it matter?
If ya all don't get it by now?
The only thing I trust in America today are the Colorado Rockies...

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No recess. It's very simple. The only language these people understand is force, which isn't too surprising because they think it's the only language anyone else understands.

See how well Bush behaved when Reid threatened no recess the last time? Let's do it again.

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Well there you go.....maybe someone can get this over to the Dems who voted this goof ball out of committe in the first place. Now we have another fine mess youve gotten us into. YO FEINSTEIN SIT DOWN PAY ATTENTION TO THIS>>>YOU CANNOT NOT TRUST THESE REPUBLICANS WITH ANYTHING. They are like the Devil always conspiring to do evil!

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To hell with the Democrat party. These wimps will once again fold. They have no stomach to fight tyranny. Frankly, we all ought to join the Republican party, rape the country and destroy democracy. I am ashamed to be a part of the DEMOCRAT GUTLESS COWARD PARTY.

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If the Dems go ahead and confirm this guy, it will be a slap in the face to all those who were disenfranchised, as well as all of us who attempted to expose this despicable practice. I am appalled that this guy is even up for the nomination.

I still don't understand why caging and targeting Af Am voters doesn't result in jail time. Only in bush's America is one rewarded with a prominent appointment for such abhorrent actions. Our country is in a sad state.

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St. Augustine:

What? The Republicans have exclusive use of election "dirty tricks"? I should think not.

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Just remember who it was that got us into this pickle... Senator DINO DiFi of California and one of the Senators from Nebraska.

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The principle of using Impeachment is rooted in the constitution and should be an ongoing process happening right now! Since the republican party and the beltway democratic party office holders no longer use the constitution as it was meant to be used we can forget about seeing the House of Representatives starting any action on this matter. Our country no longer is a representative republic and some of you had best come to terms with this. We may still be able to right the ship of state but it will not come from anything the folks running our federal government right now would be willing yo do.

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It is time to give the Republican senators offices in the basement, no phones, use of committee rooms.... like they treated the Dems for 10 years... And they can come down to the floor of the senate to have their filibuster.... No more holds... It worked once, but not anymore.

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Reid should have kept the Senate in pro forma session regardless of whatever "promises" the chimp made. He is a liar who cannot be trusted any further than you can throw him. Doing so would have demonstrated the Demacrats' contempt for the occupants of the White House

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Another solution, from the gooper playbook. Get a sympathetic prosecuter to open a formal investigation of his misdeeds. That should make him disappear.

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NO RETREAT! NO SURRENDER! QUIT APPROVING BUSH NOMINEES AND MAKE THE GOVERNMENT OPERATE UNDER A CONTINUING RESOLUTION. SUBPOENA EVERY MEMBER OF THE ADMINISTRATION TO TESTIFY EVERY DAY UNTIL HE LEAVES OFFICE.

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This is a set-up to explain to the simpleminded base why the gallant defenders of liberty, the Democrats, had no choice but to confirm a demonstrated perpetrator of election fraud to the FEC. Bravely, the strong and fierce Democrats did everything they could, but they were outwitted, again, by those all-powerful, clever Republicans.

The fight was valiant, but the Democrats lost regardless.

It's enough to make me puke. They've played this act so many times it's hard to believe they expect anyone to believe it anymore. They have alternatives, to claim otherwise is just another lie. The Democrats have no more integrity than their so-called opponents, the whole system is rigged.


It would be far more respectful to those of us they screw if they didn't pretend the outcome is in doubt. These charades are as insulting to the audience as they should be embarrassing to the performers. Shame on all of them.

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The gutless, clueless Dem leaders who let Spakovsky out of committe are to blame for this mess...

I can't believe they still play the "lets just get along" game with the same Republicans who stab them in the back again and again...

I'm still waiting for Reid and the rest to start working for the Democratic base who elected them and the country as a whole...

They should all be ashamed of themselves!!!

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Go to the senate web site and copy your post to Reid.

What I wrote to Harry Reid:

If the Roll Call report is correct, and you made a deal to confirm Hans von Spakovsky to the FEC, then you should resign your position.

After Iraq, FISA, and other things, I'm seeing the Democrats as nothing but Bush enablers and towel-givers.

Do you think we're all idiots out here?

Such betrayal. Shame!

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Harry Reid and his deals are worthless. Not only because he is dealing with liars who have no intention of keeping their word, but because they are typical of "backroom" agreements which never see the light of day until a he-said/she-said argument breaks out. The public donesn't give a tinker's damn about Harry Reid's stupid gentlemen's agreements.

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There really is a bottom line on this guy. He simply can't be let on FEC. I know its tough, but it just cannot be allowed.

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WAIT.....We dont have the power to impeach however if we wait until after the next election we can have some investigations and indictments as well as trials ...assuming we get a democrat president ther WILL BE NO PARDONS like Bush did in the Valerie Plame case..This way we could put a whole bunch of these assholes in jail?

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WAIT.....We dont have the power to impeach however if we wait until after the next election we can have some investigations and indictments as well as trials ...assuming we get a democrat president ther WILL BE NO PARDONS like Bush did in the Valerie Plame case..This way we could put a whole bunch of these assholes in jail?

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Goosestepping Republicans and their Democratic collaborators!

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No recess this year or next. Sorry. the bastards have to be stopped and if the dems use their heads, every senator can get a partial recess.
No recess!!!!!!!!!!

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Congress should also subpoena Mark Hearne to testify under oath about von Spakovsky's role in the ACVR scam.

Drag that festering mess out into the sunlight, and von Spakovsky will be exposed as someone who deserves the disgust of all Americans. He's a crook who belongs in jail.

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Go ahead and play chicken. There's not enough lipstick in the world to make this pig look good. Pound on it at every opportunity and use "the culture of corruption" accusation on him. He's a poster boy for "the culture of corruption", after all.

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There are by my best count SEVEN states where his partisan activities have had a direct effect and he has been and still is backed by a powerfull group of anti democratic republicans, and I do mean fully anti-anything democratic wheather an institution or ideal or generally democratically benificial action.
So WHY is it important to note the states? A request for information on any current,planned, or concluded investigations by states as relate to VON or his known associates is well within the authority of the senate and may yeild the truth as to this persons suitabilty to hold any appointment above prisoner getting to see a doctor in federal prison.
Check with the state and find the inevitable scum coating on this scum generating repugathug.

I AM FROM GEORGIA AND WAS ALMOST REFUSED THE RIGHT TO VOTE AT MY POLLING PLACE OF 29 YEARS, I had been purged from the "role", I am white ,I am a veteran (sucessfully voted absentee during 8 years of service), I AM A DEMOCRAT,I have not committed a crime (or for that matter any crimes) which should have caused this, I have served on jury duty including a call/notice to serve the week after the election of 06 which should not have been possible if I was not leagally on the voter rolls.

I have not EVER gotten a satisfactory answer as to why my name was not on the role sent to my precienct, in fact the republican controlled government of georgia refuses to investigate this program nor are they working in any way to secure the vote and certify a clean election, AND THEY HATE THE IDEA OF A VERIFIABLE PAPER BALLOT, WHY dont they want a clean election?

If there are sooooo many problems with the elective process why is the repugathug responce geared to election stealing and not verified election results??????????????

PUUUUHLEEEZE, stand your ground DEMOCRATS and begin investigations of VON in the judiciary committee and the government oversite and reform committee and get to the bottom of what exactly he did as a government employee and lay the basis for the prosecution of VON and his well deserved reward of a lengthy prison term and the permanate ban on his being involved in any part of the elective process EVEN AS A PAID CONSULTANT.

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As far as I'm concerned, if we have one less federal agency controled by the Bush Crime Family, that CEASES TO EXIST, America wins. Shut them all down.

But seriously, Congress ultimately has the upper hand, as it does in all of these matters - funding. They just have to use it.

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Holla,

Best russian porn star - Elena Berkova

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Question to TPMm: Why is there a picture of Mitch McConnell accompanying this story? He's not even mentioned in it.

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Let the R's self destruct...

Go ahead and put Von Spazkey in place, then watch hie every move with a magnifying glass.

They would not want him there if they did not have bad intentions.

With that certain foreknowledge, it is only a matter of time before his agenda is uncovered.

had we known about Rove's vote caging scam BEORE Goodling and Sampson put it into motion, then once it was exposed, it would have been pre-documented somehow, instead of exposed after-the-fact by people like Greg Palast.

Since we know what some of Von Spasky's mischief has already produced, it won't be hard to see where he's going with his influence in the future.

And that sure won't help the Republicans in November of 2008, they seem hell-bent on disemboweling ther own party with this constant subterfuge.

Is McConnell really working for the Dems? He's sure making all the wrong choices, in terms of future white- elephant electability.

Or is he a personal pal of Von Spasky's?

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Hans von Spakovsky should not even be allowed to enter the DOJ building.

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Actually JEP, you make some very interesting and valid points. I didn't look at that way. Yep, let the dems confirm him and then have the feds lined up six months down the road to clap him in irons. I would love to see him led out of the fec in cuffs. What a beautiful sight.

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eric wrote on October 5, 2007 6:10 PM:
"enough with the impeachment! Who gets impeached? Clinton AND Gore? and then what? You think Bush and McCain want to see the speaker of the house become President? Or do you think a Gore presidency is better? Or, do you just go after Gore? What value does that serve? What you do is learn how to act as a partisan with pointed and value laden rhetoric to paint the other PARTY as inept and incapable of governing fairly and with a sense of common purpose."

Funny. That sounds so familiar. Been so long now - what, 9, almost 10 years. And look how much the impeaching party suffered for the stupidity of impeaching even though they didn't have the votes to convict. All it got them was a Double-High Authoritarian Dictator in the White House who has spent the last six years dismantling every thing his predecessor did and turning America into a dream-come-true for his most fanatic supporters.

Hmm. That doesn't sound too bad an outcome for an impeachment effort that never had a chance.

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I have contacted every dem senator to block this guy & am drafting a letter to Jimmy Carter asking him to begin talking about bringing in UN oversite if the FEC cannot do its job.


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