|
(202) 547-7610 - Fax (202) 547- 8258
October 17, 2007
Contact: Matt Angle
On the web at http://www.lonestarproject.net/
Rep. Tony Goolsby and Kenn George Charged in Libel Suit
Lone Star Project supported legal claim details lies and defamation in GOP vote suppression scheme
A 2006 cynical smear campaign and voter suppression scheme orchestrated by Republican State House Representative Tony Goolsby (HD102, Dallas), along with Dallas County Republican Party Chair Kenn George and a Dallas GOP consultant, may have backfired. Monday, former challenger Harriet Miller, with support from the Lone Star Project, filed a lawsuit in the 192nd State District Court showing that their attack "constitutes slander" and was committed with "actual malice."
The Goolsby/George scheme entailed the blatant misrepresentation of election returns in order to file a false voter fraud complaint against Goolsby’s Democratic challenger, Harriet Miller, with the Dallas County District Attorney. The false complaint was then used as a political prop to libel and attack Ms. Miller, while also suppressing African American voter turnout in House District 102. The Lone Star Project detailed the scheme in a special report last year.
Now, Harriet Miller is fighting back. The Lone Star Project is assisting by providing both research and help with legal funding. Here are the facts:
|
Case Number
07-1226
Court
192 District Court, Dallas, Texas
Presiding Judge
Honorable Craig Smith
Plaintiff
Harriet Miller
Defendants
|
Tony Goolsby
GOP State Rep
(HD 102)
|
Kenn S. George
Republican Party Chair
Dallas County |
Also Named:
Dallas County Republican Party
Allyn and Company
|
Charges
- Defendants "…knowingly and intentionally falsely accused Plaintiff Harriet Miller of being involved in voter fraud activities, and published said false accusations to others." (Plaintiffs Original Petition, October 15, 2006)
- "This defamation … constitutes slander and libel per se since it was committed with actual malice." (Plaintiffs Original Petition, October 15, 2006)
What Constitutes Libel in Texas?
73.001. ELEMENTS OF LIBEL. A libel is a defamation expressed in written or other graphic form that tends… to injure a living person's reputation and thereby expose the person to public hatred, contempt or ridicule, or financial injury or to impeach any person's honesty, integrity, virtue, or reputation…Read the Statute Here
|
|
Background and Supporting Facts
Tony Goolsby Scared and on the Ropes: In the fall of 2006, Dallas County Republicans were on the defensive with Democrats poised to make historic gains. Republican incumbent State Representative Tony Goolsby was in a hotly contested race against Harriet Miller for election to Texas House District 102. Miller had narrowly lost to Goolsby in 2004 and was running strong again. Goolsby was facing criticism based on the disclosure that he had used campaign funds to purchase furniture, gifts and other items at a discount from the Texas prison system saying, "We're all born the same way, but we're not equal." (Source: The Houston Chronicle, February 9, 2006)
Kenn George Lies to Dallas DA: Dallas County Republican Party Chair Kenn George, in obvious orchestration with Goolsby and his political consultant, sent a formal letter of complaint to the Dallas County District Attorney on October 23, 2006, falsely accusing Harriet Miller of voter fraud during the 2004 election. George’s claim was based on the bogus charge that Miller received a disproportionate number of votes from the heavily African American precincts in House District 102. The claim was false on its face. In fact, in his complaint, Kenn George switched the party affiliation of the Independent congressional candidate, Paul Jenkins to "Democrat" in a transparent effort to make it appear that Harriet Miller had received more votes than another Democrat on the ballot. The party affiliation of every candidate is plainly labeled and visible to anyone viewing County or State election returns, or doing a simple Google search. Clearly, Kenn George deliberately provided false information to the Dallas District Attorney, and even when confronted with the facts, George did not withdraw his complaint.
Lying to the Press: On the same day that George filed his false complaint with the District Attorney, he also worked the local press for coverage. Local reporter Sara Dodd with CBS affiliate Channel 11 ran a televised report that night. This media coverage provided Tony Goolsby the props he needed to produce mail falsely attacking Harriet Miller.
Goolsby Attack Mail Ready to Go: It became apparent that Tony Goolsby and his political consultants were aware of Kenn George’s actions and intentions when professionally produced attack mail was received by voters throughout District 102 almost immediately after the false charge was leveled. The charge was made on October 23, 2006. Election Day was November 2, 2006. High volume professionally designed campaign mail cannot be designed, printed sorted and delivered on such short notice. Clearly, the Goolsby attack mail was already in the pipeline.
False Charge Used to Intimidate and Suppress Minority Voters: Perhaps most outrageous, mail was sent to African American voters in District 102 that was designed to both intimidate and suppress voter turnout. The professional mailings were similar in size and design with other mail sent out by the Goolsby campaign. These mailings, however, in violation of State campaign laws, did not include any disclaimer or acknowledgement of who paid for them in clear violation of state law.
It’s never surprising when a Republican, faced with a competitive race, resorts to outrageous and untrue attacks against their Democratic opponent. Also, unfortunately, it is not unusual when Republican candidates running in districts with a significant minority voter population use vote suppression tactics to gain an advantage. Tony Goolsby and Dallas Republicans, however, moved dirty campaigning to a new level in 2006 when they not only filed a false legal complaint against Harriett Miller but then used the complaint as a prop to illegally attack and defame her. They also used false information to intimidate and suppress African American voters. Rather than just let it pass, Harriet Miller has shown the courage to fight back and hold Tony Goolsby, his consultants and Dallas Republicans accountable for their improper actions.
|
Statement from Lone Star Project Director Matt Angle
"This suit is about dishonest Republican politicians who lied to voters, lied to the press, and even lied to the District Attorney."
"Harriet Miller is doing the right thing. She is not only defending herself, she's also standing up for voters that Tony Goolsby and Kenn George blatantly lied to."
"Goolsby and George pulled a fast one. They filed a phony complaint and then counted on the press to cover it and provide the props needed to complete a truly malicious campaign scam"
|
Obama Strikes at Justice Department on Voter ID Laws
WASHINGTON(AP) Democratic presidential contender Barack Obama said Friday
the head of the Justice Department's voting rights division should be fired
for saying voter ID laws hurt the elderly but aren't a problem for
minorities because they often die before old age.
John Tanner's remarks came during an Oct. 5 panel discussion on minority
voters before the National Latino Congreso in Los Angeles. Tanner addressed
state laws that require photo identification for voting, saying that elderly
voters disproportionately don't have the proper IDs.
"That's a shame, you know, creating problems for elderly persons just is not
good under any circumstance," Tanner said, according to video posted on
YouTube. "Of course, that also ties into the racial aspect because our
society is such that minorities don't become elderly the way white people
do. They die first.
"There are inequities in health care. There are a variety of inequities in
this country, and so anything that disproportionately impacts the elderly
has the opposite impact on minorities. Just the math is such as that,"
Tanner said.
Tanner declined a request for an interview Friday to explain his remarks.
Justice Department spokesman Erik Ablin said Tanner had worked for the
department's voting section since 1976, the last two years as its chief.
Tanner's tenure also includes a stint in the White House counsel's office
during the Clinton administration.
"Mr. Tanner is an attorney who works to protect civil rights on a daily
basis," Ablin said, adding that the official had won numerous awards from
African-American groups. "Nothing in his comments deviated from his firm
commitment to enforce the law, and it is unfortunate that they have been so
grossly misconstrued."
In a letter to the Justice Department, sent Friday, Obama called Tanner's
remarks a disgrace and asked Acting Attorney General Peter D. Keisler to
dismiss him.
Bush Republicans Have Used the Justice Department
For Immediate Release
October 29, 2007
Contact: Karen Finney/Caroline Ciccone
Bush Republicans Have Used the Justice Department for Partisan Gain
Washington, DC - Tomorrow, the Democratic Leadership of the House Judiciary Committee will hold an oversight hearing on the Voting Section of the Department of Justice, an office politicized by the Bush Administration to promote their own divisive brand of politics. Testifying at the hearing will be John Tanner, chief of the Voting Section. Earlier this month at a meeting of the National Latino Congreso, Tanner asserted that voter ID laws do not disenfranchise minorities because "minorities don't become elderly the way white people do; they die first," a statement that has been widely criticized. [FOX News.com, 10/20/07]
Under the Bush Administration's politicized Justice Department we have seen an outright attack on voting rights. While the Democratic Party has worked to protect every American's right to vote and have that vote counted, Republicans have aimed to create roadblocks for certain Americans to exercise their right to vote through restrictive voter ID laws, voter purging, and voter intimidation tactics. In their latest scheme, the Republican Administration has manipulated the mission of the Department of Justice, firing US Attorneys who were unwilling to pursue phony "voter fraud" cases, and politicized the Civil Rights Division.
DNC Chairman Howard Dean and DNC Voting Rights Institute Chair Donna Brazile issued the following joint statement before Tanner's testimony:
"The right to vote is critical to our democracy, yet under Republicans the Justice Department has waged an outright assault on this fundamental right. John Tanner's outrageous comments underscore the GOP's utter disregard for the integrity of our nation's election system and are an affront to the spirit of the Voting Rights Act. He should be fired immediately and replaced with someone who will work to make sure that all citizens are able to vote and have their vote counted. In order to even begin to undo the damage done by Bush Republicans, if confirmed as Attorney General, Judge Mukasey must commit to replacing Tanner with someone who will protect our rights, not ignore them for a partisan agenda."
Tanner Claims Voter ID Laws Don't Help Minorities Because Minorities "Die First." At an Oct. 5 meeting of the National Latino Congreso, when asked about voter ID laws Tanner said, "'Our society is such that minorities don't become elderly the way white people do; they die first,' Tanner said. 'There are inequities in health care,' Tanner continued. 'There are a variety of inequities in this country. And so anything that disproportionately impacts the elderly has the opposite impact on minorities; just the math is such as that.'" [FOX News.com, 10/20/07]
###
VOTER FRAUD...LONE STAR PROJECT
(202) 547-7610 - Fax (202) 547-8258
November 30, 2007
Contact: Matt Angle
On the web at http://www.lonestarproject.net/
Texas Republicans Launch New Vote Suppression Scheme
Craddick committee directive and GOP vote suppression think tank will attempt to justify denying Texans access to the ballot
Academic studies, media reports and fact based voter analysis consistently demonstrate that systematic, widespread or frequent voter fraud in Texas, or anywhere else in the United States, simply does not exist. Texas House Speaker Tom Craddick, however, has directed a State House committee to conduct an interim study on voter fraud with the clear intention of recommending legislation to limit the ability of thousands of eligible Texans to vote. (See the order here)
Indicted DeLay Crony Heads
Voter Suppression Think Tank
Colyandro and DeLay mug shots
John Colyandro was indicted along with Tom DeLay on felony charges of money laundering, conspiring to launder money, and making illegal contributions of corporate money for his role in, “illegally funneling $190,000 in banned corporate money into the 2002 elections to help Republican candidates.” (Source: Fort Worth Star-Telegram, June 28, 2007) Colyandro is now Executive Director of the Texas Conservative Coalition Research Institute (TCCRI), which has launched a group with the cynical and ironic name "Election Integrity Task Force."
Colyandro has recruited two of the most harshly partisan Republicans in the Texas State House, Leo Berman (R-Tyler) and Betty Brown (R-Terrell) to co-chair the group. It will push "Purging voter rolls" and "Requiring photo identification at the polls." Betty Brown was the sponsor of an onerous voter ID bill in the House in 2007. One of Berman's most revealing quotes was made on the Texas State House floor last May, when he said, "Everyone on this floor needs a vote on illegal aliens to take home and say we did a little something about it." (Source: Austin American- Statesman, May 23, 2007)
Berman admitted in the Tyler Morning Telegraph that he, "asked House Speaker Tom Craddick to approve the topic for interim study." (Source: Tyler Morning Telegraph, November 29, 2007)
At the same time, former Tom DeLay aide and current Tom Craddick ally, John Colyandro, who remains under felony indictment for money laundering and other charges, has formed a "think tank" that is already using faulty data and illogical statistics to justify vote suppression tactics.
These most recent Texas Republican efforts to suppress voter turnout are consistent with Texas AG Greg Abbott's taxpayer funded phony voter fraud enforcement unit that the Lone Star Project has exposed and reported on extensively here.
Why do Tom Craddick and other Texas Republican leaders want to spend taxpayer resources to examine a problem that doesn't exist? Clearly Craddick, Abbott and others are attempting to justify dramatic changes in Texas law and election practices, including voter photo ID requirements, senior mail ballot restrictions and voter roll purges, that will reduce overall voter turnout as demographic changes take place in Texas that are increasing the influence of minorities in Texas elections.
The facts below demonstrate clearly that the Republican voter fraud initiative is a partisan scheme to hold power by suppressing the turnout of voters whose support Republicans are unable or unwilling to earn through legitimate public service.
Republican Claim: Voter Fraud is an "Epidemic" in Texas
FACT CHECK: Even fiercely partisan Republican Attorney General Abbott has admitted that after spending millions of Texas and federal taxpayer dollars investigating, "there have been few [voter fraud] prosecutions in Texas." The Austin American Statesman editorialized, “Voter fraud is not an issue because Texas is not being flooded with unregistered voters and illegal immigrants flocking to the polls. That just isn't happening.” (Source: Austin American-Statesman, April 26, 2007)
Republican Claim: Non-citizens voting is a major problem throughout the U.S.
FACT CHECK: The Department of Justice’s Ballot Access and Voting Integrity Initiative has resulted in just 14 convictions of non-citizens voting in the entire United States between 2002 and 2005. That is less then 5 noncitizens voting a year. (Source: U.S. Department of Justice, Criminal Division, Public Integrity Section, Election Fraud Prosecutions & Convictions, Ballot Access & Voting Integrity Initiative, October 2002 – September 2005; The Politics of Voter Fraud, Minnite, Ph.D. Columbia University)
Republican Claim: Everyone has an ID
FACT CHECK: Even the Texas Conservative Coalition Research Institute admitted that 37% of Texas residents over the age of 80 did not have a driver's license. (TCCRI Commentary, May 1, 2007)
Republican Claim: Democratic operatives are pushing the opposition to the Voter Suppression Bill
FACT CHECK: The objections to the voter ID legislation are broad and bipartisan. The bill is opposed by non-partisan groups like the AARP and League of Women Voters, as well as every major Texas newspaper and many local newspapers. (Source: Associated Press, April 23, 2007) Former Republican Party Political Director Royal Massett has been one of the most outspoken opponents of the bill saying "Anyone who says all legal voters under this bill can vote doesn't know what he is talking about." (Source: The Houston Chronicle, April 26, 2007)
Additionally, each of the major daily papers and many smaller papers have penned an editorial against the voter suppression legislation including the:
Republican Claim: Simple computer matching will remove improperly registered voters.
FACT CHECK: The Houston Chronicle Reported that the, ““hundreds of people who went to the polls found their names had been removed because of glitches in a $14 million Web-based state computer program intended to centralize voter registration lists.” The Chronicle also reports, “the system already has kicked registered voters' names off the lists [including] Prairie View Mayor Frank Jackson.” (Source: The Houston Chronicle, May 3, 2007; May 6, 2007)
Republican Claim: According to “Lite” Governor David Dewhurst: “On June 22, 2006, Harris County Tax Assessor-Collector and Voter Registrar Paul Bettencourt testified before the U.S. House Administration Committee that foreign nationals are both applying for and receiving voter registration cards. Data given to my office indicates that in Harris County alone since 1992, 3,742 voters have been removed from the voter rolls because they were not U.S. citizens.”
FACT CHECK: Republican Paul Bettencourt gave Congressional testimony disputing the above statistic. On June 22, 2006, Bettencourt appeared before the Committee on House Administration saying, “A review by my office in early 2005 turned up at least 35 cases in which foreign nationals either applied for or received voter's cards.” It is unclear why David Dewhurst’s number is exponentially higher than Paul Bettencourt’s figure. (Source: CQ Congressional Testimony, June 22, 2006)
The Lone Star Project is an activity of the Lone Star Fund.
Contributions or gifts to the Lone Star Fund are not tax deductible. All contributions are subject to the prohibitions and limitations of the Federal Election Campaign Act. Federal Law requires us to use best efforts to collect and report the name, mailing address, occupation and name of employer of individuals whose contributions exceed $200 in a calendar year.
Paid for by The Lone Star Fund, 6 E St, SE, Washington, DC 20003.
Not authorized by any candidate or candidate’s committee.
Lone Star Fund
6 E Street, SE
Washington, DC 20003
Thanks for the update Kathy.
Thanks for the update Kathy. It's refreshing to know that there are still patriotic Democrats in Texas who will stand up to the illegal Bush/Rove/DeLay vote-rigging cabal that has been in place for so long.