October 27, 2008
Is Evergreen Progress funding the politically motivated "lawsuit" against BIAW?

A read through the PDC filings of Evergreen Progress (interesting for other reasons this blogger will get to in a later post) reveals an October 13th "political contribution" of $35,000 [pdf] to Fuse Votes. What has that liberal activist group been in the news for lately? Working with Knoll Lowney to sue the BIAW and ensnare Dino Rossi in frivolous litigation for the purpose of causing Rossi political harm.

Now, the nakedly partisan lawsuit has been allowed to proceed, forcing Rossi to give a deposition on Wednesday in a circumstance that amounts to judicially enforced political theater.

Knoll Lowney has a history of such frivolous activity. Now, the contribution from Evergreen Progress - which has otherwise spent its money almost exclusively on anti-Rossi TV ads and related consulting fees - makes the true purpose of this lawsuit even more obvious.

Finally, it's worth noting the PDC staff report [pdf] on the facts of this case. PDC staff finds no merit in two of the three allegations made against BIAW. On the third, the dispute amounts to an accounting issue where refunds from an arm of the BIAW (BIAW-MSC) to eleven local affiliates were used as political contributions to ChangePAC. The PDC maintains those contributions should have been reported as contributions from the BIAW-MSC. The BIAW and local affiliates maintain the refunds, owed to those affiliates but agreed to be used as political contributions by them, should thus be credited as contributions from the affiliates themselves.

On the basis of that accounting dispute, news reports of "illegal fundraising" and other nonsense have errantly entered the discourse of this election (if mistakenly misreporting legal contributions is construed as "illegal fundraising" then a host of candidates and political committees in this state in any given election year are guilty as charged). Of course, those sort of negative headlines are exactly what Knoll Lowney and Fuse - and evidently Evergreen Progress - ultimately want.

Let's just not pretend, however, that this is anything other than using the judicial system for a partisan, political stunt.

Posted by Eric Earling at October 27, 2008 10:06 PM | Email This
Comments
1. She won the first election through the courts.

Why not try 2/2?

Posted by: Andy on October 27, 2008 09:55 PM
2. Eric, Thank you for a most lucid, cogent description of what we are up against in this 2008 election.

Posted by: zapporo on October 27, 2008 10:34 PM
3. The judge who allowed what Eric accurately called a ''nakedly partisan lawsuit'' to go forward right before the election ought to be impeached for gross judicial malpractice.

Posted by: Methow Ken on October 27, 2008 10:54 PM
4. I am not surprised at the attacks by Gregoire. As a small business owner, I am getting raked over the coals in taxes. For example, for $1 million dollars in sales we pay $15,000 and Boeing pays $2,800.

In addition, we have over 50 taxes in our state and I don't see it getting any better with our current governor.

If Gregoire is re-elected we need to change the Washington State Seal to a tape worm dressed in a three piece suit attached to the small intestine of the tax payer, sucking the life out of him.

Jim Vaughn
Yes, I am a Democrat

Posted by: Jim Vaughn on October 27, 2008 11:14 PM
5. Well that would explain Aaron "I live off Government Money" Ostrom's involvement. The Dem's are famouse for funding and using NGO's to do their dirty work. The Press loves to go to the FUSE, FUTUREWISE, Transportation Choices Coalitions of the world to get the quotes and follow the lawsuits taht they file for political purposes.

Posted by: Smokie on October 28, 2008 06:20 AM
6. Eric -

What did your research reveal on Lowney's relationship with ACORN and its Washington state president John Jones?

Posted by: 5.62 on October 28, 2008 06:47 AM
7. May all Washingtonians recognize this rude political stunt by Christine Gregoire's friends for what it is, and cause record losses for Gregoire on election day due to voter disgust with her AND her equally disgraceful friends.

Posted by: Michele on October 28, 2008 07:25 AM
8. the contribution from Evergreen Progress ... makes the true purpose of this lawsuit even more obvious.

Eric, I don't think that's possible. I do not believe ANYONE ever thought this was anything other than a purely partisan attack on Rossi.

Posted by: pudge on October 28, 2008 08:06 AM
9. This kind of thing will go national if the Ds win next week, only they will use the justice dept as their enforcement arm. I would not be surprised if future campaigns had to be fought from a jail cell, a la Kenya, Zimbabwe, Burma, etc.

Posted by: bfr on October 28, 2008 08:46 AM
10. I wonder if any of the deposition will "accidentally" leak before Tuesday....

Posted by: SouthernRoots on October 28, 2008 10:43 AM
11. Judge Paris Kallas is the enabler of this blatant attempt to undermine Rossi's campaign in its final days. The remedy is simple. Vote her out of office for the worst sort of judicial activism.

So long as completely phony lawsuits can be started by filing an complaint and paying the filing fee, nothing will change unless there are consequences for abuse of precess. Judges have the ability to dismiss frivolous lawsuits and to compel the originator to pay substantial attorneys fees and costs to the injured parties. Sadly these sanctions are rarely assessed by liberal judges.

Posted by: Paddy on October 28, 2008 12:37 PM
12. Heard an anti-Rossi ad today that, among a litany of other things, also says that, "he's even being sued for campaign donations...."

Posted by: SouthernRoots on October 28, 2008 02:05 PM
13. Why haven't I read or heard (from any traditional media) that Judge Kallas was originally appointed to the bench by Gary Locke?

Where are the investigative pieces on Knoll Lowney and his affiliations? Who's paying Lowney's bill? Is he donating any time and if so has it been disclosed through the PDC?

Where are the investigative pieces of Aaron Ostrom (head of Fuse) and his affiliations? Does Mr. Ostrom conduct his activities on City of Seattle time and/or does he use any City of Seattle resources in his efforts?

What's the relationship between Evergreen Progress and Fuse?

Just a bunch of concerned citizens I'm sure, but shouldn't the "Watchdogs" in the msm be making sure the public and the democratic process is safe?

Posted by: SF Columbia on October 28, 2008 04:39 PM
14. Why haven't I read or heard (from any traditional media) that Judge Kallas was originally appointed to the bench by Gary Locke?

Where are the investigative pieces on Knoll Lowney and his affiliations? Who's paying Lowney's bill? Is he donating any time and if so has it been disclosed through the PDC?

Where are the investigative pieces of Aaron Ostrom (head of Fuse) and his affiliations? Does Mr. Ostrom conduct his activities on City of Seattle time and/or does he use any City of Seattle resources in his efforts?

What's the relationship between Evergreen Progress and Fuse?

Just a bunch of concerned citizens I'm sure, but shouldn't the "Watchdogs" in the msm be making sure the public and the democratic process is safe?

Posted by: SF Columbia on October 28, 2008 04:39 PM
15. Dems don't respect any process of civilization. Voting, Marriage, Laws, Government, Justice, Miltary, Church.

It all is coming to a head and the pot is going to boil over.

But the ones that prefer the GOP are all the evil ones right??

Posted by: Col. Hogan on October 28, 2008 06:44 PM
16. Why is Fuse Washington, a 501(c)(3) tax exempt public charity (which lists it's purposes as being related to Pollution Abatement and Control), engaging in blatantly political activities (such as producing a voters guide which endorses specific candidates)?

What is the relationship between Fuse Washington (501(c)(3)), Fuse Educational Fund (501(c)(4) also in existence for Pollution Abatement and Control), Fuse Votes and Evergreen Progress?

Where is Joel Connelly when the public needs him? ;-)

And how ironic is it that organizations ostensibly formed for Pollution Control are nothing more than a cesspool of political sewage?

Posted by: SF Columbia on October 29, 2008 11:45 AM
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