Although some folks might not believe it, as a blogger, I do exercise judgement in what I publish. And as it turns out, over the weekend, I decided to hold off on publishing a story after having some doubts as to whether it was genuinely newsworthy or not.
Fast forward to this afternoon, and the following story:
WASHINGTON Aug. 24, 2004 — A lawyer for President Bush's re-election campaign disclosed Tuesday that he has been providing legal advice for a veterans group that is challenging Democratic Sen. John Kerry's account of his Vietnam War service.
Benjamin Ginsberg's acknowledgment marks the second time in days that an individual associated with the Bush-Cheney campaign has been connected to the group Swift Boat Veterans for Truth, which Kerry accuses of being a front for the Republican incumbent's re-election effort.
Well, guess what. Mr. Ginsberg isn't the only lawyer who is working for a 527 with another job on the side.
Neil Reiff is listed as the contact person for MoveOn.org's 527 organization, as can be seen on the actual form submitted by MoveOn.org to the IRS here (PDF).
But Mr. Reiff seems to have another job. According to his firm's website, he's also the Deputy General Counsel for the Democratic National Committee:
From June, 1993 until May, 1998, Mr. Reiff served as Deputy General Counsel of the Democratic National Committee, and will retain this title in his new firm. In this capacity, Mr. Reiff has been responsible for assisting the DNC General Counsel in all legal matters affecting the national party. Mr. Reiff's major field of expertise is federal and state campaign finance laws. In that regard, Mr. Reiff advises and represents the DNC in all matters before the Federal Election Commission and state election agencies.
Although it is possible that his firm's website is out-of-date and he no longer holds this position, it seems that as recently as April 2004 he was still representing the Democratic Party (in this case, state party organizations) as can be seen in this June 2004 FEC communication addressed to him (PDF). That puts him working for the party in April 2004 -- and since he also submitted IRS forms for MoveOn in both March 2004 (PDF) and June 2004 (PDF), it's clear that he was working for both the Democratic Party and MoveOn's 527 during the same time period.
The reason I held off on publishing this information originally was that after consulting with some of the legal luminaries of the blogosphere, I did not get a clear answer as to whether Mr. Reiff's dual role was truly a conflict from an ethical, legal, or campaign-finance perspective (the consensus was that it didn't seem to be a conflict). And it honestly seems understandable to me that a lawyer might provide legal services to many groups without crossing the "coordination" line which 527's must honor.
But if Mr. Ginsberg is going to be criticized by Kerry's campaign for his dual role, it is only fair to ask the same questions about Mr. Reiff.
At this point, the Kerry campaign's belief that they can hold their opponents to one set of standards while blissfully ignoring the fact that their own partisans trample upon those same standards has passed being stupid, and is now becoming downright insulting. Did they really think that nobody would bother to check if the Democrats were similarly sharing lawyers with 527's?
That kind of carelessness might have cut it a few years ago, when somnolent Big Media hacks were satisfied to define reporting as getting quotes from both party's spokesmen. But times have changed, friends: there isn't just one new sheriff in town, there's thousands of us. We will fact-check your ass, and we will do it thoroughly and properly, with links and primary sources that let our readers decide where the truth lies. So straighten up and fly right, because we are watching --- and we do this crap for fun.
Update: Beldar points out that the NYT acknowledged a similar conflict in their article on the subject...