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 arising from the 2008 campaign, in which Krikorian ran as an Independent. (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 biggest issues we have in our 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 themselves
if 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.
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Regarding Ms. Schmidt's most recent legal violation, the seediness of Mr. Caraway's action speaks for itself and harkens back to the 2008 campaign, when Barry Bennett served Schmidt as both campaign 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 Congress Press 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 House or Senate and has already booked thousands in contributions 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
media@krikorianforcongress.com
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 Congress Press 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 against her Democratic opponent David Krikorian.
"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."
A total of five false statement claims will be heard at a full commission hearing on September 3rd at the Ohio Elections Commission in Columbus.
In a related matter, The Cincinnati Enquirer which endorsed Jean Schmidt in the previous election is continuing to protect her with its online story about today's case emphasizing her new charge and downplaying the fact that she dropped four of her initial frivolous claims. The Enquirer changed its article after the campaign challenged their first edition. The editors of the Enquirer have consistently protected Representative Schmidt to the detriment of the citizens of the 2nd district. The phone number for the Enquirer's editorial department is (513) 768-8359.
Krikorian For Congress
Media@Krikorianforcongress.com
Palmer@Krikorianforcongress.com
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