If you want to violate Pennsylvania's campaign finance laws, Northampton County is a great place to do it. Not only are theses laws weak, but DA John Morganelli has consistently refused to enforce them.Let me give you an example. In 2001, Moore Township resident Robert Welsh was the victim of a defamatory anonymous mailer when he sought public office, but Morganelli told him his hands were tied. "[I]t is perfectly permissible for any citizen to distribute anonymous literature to voters." He refused to investigate.
Under Morganelli's tortured interpretation of our election laws, there's no need to place a disclaimer on a campaign mailer. And if that's so, there's really no reason to file campaign finance reports at all. Why bother?
It's funny. Morganelli was all over AG Corbett when the Virginia-based Center for Individual Freedom (CFI) began a "public education" effort obviously designed to promote a candidate for the state high court. He demanded an injunction to force CFI to file a campaign finance report, the only remedy that would prevent irreparable harm in the closing days before the election.
But amazingly, Morganelli refused to lift a finger when local political consultant Tom Severson began his anonymous sleaze campaign against a local magisterial candidate last Spring. He remained silent in July, when Severson started a push poll against Ron Angle, even though that expense appears nowhere on any campaign finance report, even as an in-kind corporate contribution. And when the anonymous robo calls began in earnest against Angle and Ferraro, Morganelli was MIA, even though campaign finance reports fail to reflect the amount of money being spent.
You see, Morganelli and Severson are pals. So John feels it would be a conflict to investigate him. But whenever he has referred a question to the state AG, it has always been a half-hearted request that omits significant details. Severson's style seems to have rubbed off on Morganelli. In September, he started his own anonymous sleaze campaign against a potential opponent in his quest to become state AG.
Today, the Northampton County Republican Committee announced it has asked the state attorney general to investigate Northampton County's dirty politics. I am in the process of scanning all the documents they made available and I'll post them next week.
According to our Elections Code,
* A person who pays for a direct mailing or other ad designed to influence an election must "clearly and conspicuously" identify himself. The author can be anonymous, but the person who pays must disclose.
* Any person who spends more than $100 to advocate the defeat of a clearly identified candidate, is subject to the same reporting requirements as any candidate or committee.
* Any person making an independent expenditure of $500 or more after the final pre-election report, must report that expenditure within 24 hours.
* Corporate contributions are strictly prohibited.
* Violating these laws is a misdemeanor that can get you two years in Northampton County's overcrowded slammer, and District Attorney John Morganelli or Attorney General Tom Corbett has full authority to prosecute.
Next week, when I've scanned the packet supplied by the local Rs, I'll have more to say. Acting Chair Bob Kilbanks summed things up pretty well. "A very poor precedent is being set here."
19 comments:
I wonder who Morganelli is gonna hire to run his campaign after Severson's antics hit the fan?
I wonder how he,s going to defend himself against what will be said about his unwillingness to investigate/enforce the law --IN HIS OWN COUNTY?
I wonder how long it's going to take Severson to flood the comments with bs.
Bernie,
As you know, NORCO's sleaze politics began on December 18, 2001, when it floated the $111 million megabond for courthouse and prison expansion and District Attorney John M. Morganell in collusion with NORCO's council and court of common pleas refused fo pursue NORCO taxpayer relief through Quo Warranto.
Morganelli has also refused to investigate swaption refinancing of that bond and has accepted a memo of understanding between Bethlehem City Councilman Robert Donchez and Sands BethWorks Gaming Casino LLC as sufficient to protect NORCO's citizens from the introduction of Racketeering Influence Corrupt Organization (RICO)-style activity in the county.
I respect John, but do not respect his association w/ Severson. Havijng seen a copy of his letter to the AG, I can see he is just asking generally about an anonymous mailer w/o referring to other violations of the elections code. I'll be loading this next week.
Who's that hot blonde behing Kilbanks?
Secret Service.
Actually, that is Mary Barket, who works for the local party as office administrator.
Morganelli is a dirty-fighting, partisan politician who is obsessed with getting out of his current job.
It's curious, albeit typical, that the guy runs unopposed for DA - a job that this blog has demonstrated he is unwilling to properly perform.
Bernie, your respect for John Morganelli is equally curious, given what you've posted about his sleazy politics and unwillingness to investigate the type of law-breaking that undermines our system.
Are you afraid he'll no longer respond here? I used to respect the guy too, but the constant drip of this crap has changed my opinion.
Bernie, you're the primary driver of this story. I want the full treatment on Morganelli. You seem to be walking right up to the line, but not taking the next step - as you eventually did with the sleazy council candidates. Don't hold back. Don't let him "manage" this story.
There will be more to come ... as soon as (1) I've scanned the documents, and (2) the 30 day post election reports are filed.
There is little doubt in my mind that candidates have spent far more money than will eventually be reported.
With all due respect to Billy, sleaze politics started in Northampton County long before 2001.
"Bernie, your respect for John Morganelli is equally curious, given what you've posted about his sleazy politics and unwillingness to investigate the type of law-breaking that undermines our system."
Haven't you also expressed disdain for his pandering on the immigration question?
I disagree completely w/ John's position re illegal immigration.
The latest election makes me very concerned. I will go into more detail later.
Dear Blog Nazi
Every person in this great country is protected by their first Amendment rights to free speech including Mr. Anonymous on your blog or any form that gives them that freedom to express that right. Your only obligation is to protect your bloggers from false and slenderest statements. You do not have the right to censor any posting no matter how disagreeable it might be to your position! Any of that campaign materials that I saw did not, I repeat did not contain false or misleading information. It might have been disagreeable to you and you little circle of cronies, but it was not false. Now to the Pennsylvania Campaign finance reporting law! It is only directed at candidates, a candidate’s campaign committee, political action committees or a political party committee. It does not address a citizen’s right to free speech and how much that person might spend for or against a party or candidate. Here are links for the first amendment http://www.archives.gov/national-archives-experience/charters/bill_of_rights_transcript.html and the Pennsylvania Department of State campaign finance reporting law http://www.dos.state.pa.us/campaignfinance/lib/campaignfinance/070reporting_law/law.pdf if you would like to put some truth in your urinal wall blog!
Hey Anon.... look where your second link leads.....
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Department of State
Anon 5:49,
If you recall, I made Mr. Severson a promise.
He had better start carrying a toothbrush, buy some rubber underwear and get a good lawyer.
You can't hide behind the First Amendment to make anonymous smears; the person who pays must be disclosed. Moreover, he's violated campaign finance laws by making independent expenditures without disclosure. He's violated the 24 hour and the corp contribution rule. He's made those laws a sham. He's tried to keep much of what he does off the books, and this election was no exception. But this time, he's being watched, and not just in NC.
He's relied on his friendship w/ Morganelli to continue your sleaze politics for years. Newspapers don't like to cover campaign shenanigans so he got away w/ it. But he has a fatal flaw. Hubris. Just like you, he thinks he's smarter than everyone. He's not, and neither are you.
Severson, for years, has willfully violated campaign laws. Worse, he's attempted to destroy democracy. Not many rights trump the first amendment, but the right to vote happens to be one of them. He's been stepping all over that right, and doesn't know the first amendment as well as he pretends. In fact, his collection of companies has engaged in a conspiracy to violate our civil rights, i.e. the right to vote, for years. He uses the first amendment as a ruse to enable him to do as he wishes. In truth, he's willfully violating the law.
But that is coming to an end. First, his smear tactics have blown up in his face in the last two elections cycles. Better give his cronies a refund. Second, he's getting sloppy. He's started to leave tracks.
Oopsie.
Have a nice day.
Go Bernie. In the world of politics, when you're explaining, you're losing.
I like that you have Tommy explaining. Keep him explaining. And every time another politician opts to partner with the ultimate "pro", let him or her be forced to explain as well.
It's a brave new world where a urinal-wall-scrawling blog nazi can properly marginalize a political sleazeball like Severson by discrediting his tactics and sending his clients to embarrassing defeats.
And this is John Morganelli's friend? John, take a shower and get a flea dip.
Anon 5:49,
One other point to demonstrate your complete unfamiliarity w/ the First Amendment. It has no application on a blog. A blogger could choose, if he or she wishes, to censor any post cantaining the word "purple."
I tend to let people say what they want. But I will delete spam, nasty personal attacks against third persons, and disgusting racial and anti-Semitic epithets.
When it comes to a blog, you have no first amendment rights. I tolerate more than most because I like being challenged and enjoy a good discussion. But don't mistake that as a right under the first amendment.
FIRST AMENDMENT? That is not valid in all circumstances, i.e.you cannot yell "fire" in a crowded theater and you can not falsely accuse other people. These are terrorist tactis. If you are certain that what you are doing is good and honorable, there is no need to hide your face,or file a John Doe report. Speaking of our amendments: No one has mentioned the rights of the target of the John Doe smears. What about HIS rights to face his accuser (4th amendment)?
Kilbanks was right...these are very bad precedets; these activites and the fact that these people perpetrating them have absolutely NO reagrd for the tennents of democracy or the rule of law.
The newspapers have slimed people they don't like for years with 'sources' or 'unnamed officials' same thing. I am glad the courts are forcing papers to reveal their sources because half the time it is just a rumor they run with if it is someone they want to nail.
Severson did this for the Republicans for years. Now its an outrage cause he started to do it against some Republicans, typical GOP double standard.
It was an outrage then and an outrage now. He did it to the Rs back then, too. Many decent Rs were complaining about Severson many years ago. He has no ideology. Remeber when Ritter dumped him? Who do you think he started working for?
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