Posts Tagged ‘John Edwards’

“Obama Makes Inroads Into Edwards’ Trial Lawyer Base”

For better or worse, John Edwards isn’t as special this time around:

For years Edwards has relied on the support of his fellow trial lawyers’ deep pockets to help get him elected — first to the Senate and then three years ago, when he made a run at the White House and then became running mate to Sen. John Kerry, D-Mass., who won the Democratic nomination. But as Edwards mounts his second presidential bid, he has struggled to attract plaintiffs lawyers beyond his stable of longtime donors, just as other Democratic candidates, such as Sens. Hillary Clinton from New York, Barack Obama from Illinois, and Joseph Biden Jr. from Delaware, have been actively wooing the plaintiffs bar. …

Many of the trial lawyers who supported the Kerry-Edwards ticket in 2004 have chosen to throw their lot in with Obama or are keeping their options open by donating to multiple candidates. The fracturing of the trial-lawyer constituency could have dramatic effects on the total dollars Edwards will be able to raise. …

Also cited as hurting Edwards with some past givers: the steps he took to moderate his image on litigation reform during the 2004 campaign, including his endorsement of pre-screening of merit in medical malpractice cases. Even Sen. Biden is making inroads:

Biden has long been seen as a supporter of the trial lawyer community on the Senate Judiciary Committee, where he has opposed legal-liability proposals and bills that would limit claims against health-care providers. No candidate is more visibly tied to the trial bar than Edwards. But Clinton and Biden, who also headlined a national trial lawyer convention in Miami Beach in February, have both said they’re opposed to caps on punitive damage awards.

Despite Obama’s silence on the issues trial lawyers care about, those who support him say they are confident he will back trial lawyers when the time comes.

(Anna Palmer, Legal Times, Apr. 9).

Trial lawyer (this time R) for President?

John Edwards may not be the only plaintiff’s attorney in the White House race:

Mr. Thompson [Sen. Fred Thompson, R-Tenn., much buzzed about as a late-entering Republican possibility] has also been criticized for failing to back some comprehensive tort-reform bills because of his background as a trial lawyer. Here he insists his stance was based on grounds of federalism. “I’m consistent. I address Federalist Society meetings,” he says, noting that more issues should be left to the states. For example, he cast the lonely “nay” in 99-1 votes against a national 0.8% blood alcohol level for drivers, a federal law banning guns in schools, and a measure limiting the tort liability of Good Samaritans. “Washington overreaches, and by doing so ends up not doing well the basics people really care about.” Think Katrina and Walter Reed.

(John Fund, “Lights, Camera . . . Candidacy?”, OpinionJournal.com/WSJ, Mar. 17).

On Sen. Thompson’s behalf, it can be said that he did co-sponsor the Protection of Lawful Commerce in Arms Act, which was enacted into law after he left the Senate. Thus he presumably recognizes that in some situations, federal action can be necessary and proper to prevent a few state courts from imposing their views on the unwilling citizens of distant states. One hopes Thompson also goes so far as to realize that federal curbs on state-court litigation in those circumstances do not necessarily infringe on proper precepts of federalism and decentralization, but in fact can work in defense of them, by protecting the right to self-government of sister states and their citizens. The question is whether he has gone on to consider that quite a few other federal interventions into state-court litigation, in such areas as class actions, product liability and punitive damages, can be defended on very similar grounds (namely, that they are needed to restrain state courts from exporting their legal doctrines to other states) and thus are entirely consistent with “good federalist” precepts.

“FBI Probing Edwards Senate Campaign Donor”

We told you the continuing Paul Minor imbroglio in Mississippi (Mar. 16 and many other posts) was going to be worth watching:

[In recent weeks] four former fundraising aides to [former Sen. John] Edwards have spoken voluntarily to FBI agents.

Democrats familiar with the investigation said that neither the current or past Edwards campaigns nor any of his staffers appear to be targets of the investigation, which is trying to determine whether Minor reimbursed his children for $8,000 in contributions to Edwards, an illegal practice known as “conduiting.” …

Trial lawyers are a fixture of Democratic politics and fundraising, particularly in the South, but some also have a reputation in Democratic political circles for a freewheeling approach to campaign finance law. Within Edwards’ 2004 campaign, staffers referred to those flamboyant personalities by an acronym: They called them “DFTLs,” which according to former staffers was short for “dirty (expletive) trial lawyers.”

“No current staffer for John Edwards for President uses that kind of language to talk about our donors,” said Kate Bedingfield, campaign spokeswoman.

(Ben Smith, The Politico, Mar. 21). I mentioned Minor’s prominence among Edwards’ presidential donors in this 2004 W$J piece. And as Ted noted on Jun. 24 of last year the Federal Election Commission has fined the law firm of prominent Arkansas plaintiff’s attorney Tab Turner, as well as the Edwards 2004 presidential campaign itself, over Turner’s having unlawfully funneled money to the campaign in the guise of contributions by employees at his firm (see Apr. 28-29, 2003).

“Business has not trounced the trial lawyers”

My latest column in the Times Online explains why Business Week and some other media outlets are being at best premature (and that’s putting it diplomatically) in declaring the American plaintiff’s bar down for the count. Opening excerpt:

America’s litigation fever is cooling off, or so one hears. Merck & Co is doing reasonably well defending suits over its painkiller Vioxx, while actions blaming foodmakers for obesity have sputtered. Doctors’ malpractice-suit payouts are said to be flat (at what by other countries’ standards are still unthinkably high levels). Last month, the Supreme Court ruled on a punitive damage case in favor of tobacco giant Philip Morris, which has become a Wall Street favorite after wrestling down its perceived legal risks. Nearly every American politician claims to be on board with reform, even the nation’s most famous plaintiff’s-lawyer-made-good: “We do have too many lawsuits”, said John Edwards during the 2004 Presidential debates. A recent Business Week cover sums it up: “How Business Trounced the Trial Lawyers”.

And yet one wonders whether a contest is being called prematurely. … To call a high-water mark is going to require more evidence than we’ve seen so far.

P.S. Other reactions to the Business Week cover story came from Bizzyblog (“Year’s Most Unintentionally Comical”), Roger Parloff (article itself was better than headline), and me at Point of Law (see also this WSJ column).

“Lawyers Look Beyond Edwards”

In the last presidential election, John Edwards had the powerful support and deep pockets of the nation’s trial lawyers behind him. But when the lawyers gather for their winter conference today in Miami Beach, it will be Sen. Joseph R. Biden Jr. (D-Del.) delivering the meeting’s keynote speech.

The Washington Post notes that trial lawyers are willing to shell out for Biden because of his efforts blocking tort reform. But Edwards is fighting back:

Four years ago, [Fred] Baron shuttled Edwards around the country on his private jet to introduce him to other lawyers. Now, Baron is working to reinforce Edwards’s standing with some of his backers from the last campaign.

(Matthew Mosk, WaPo, Feb. 10).

Marcotte’s regrets

I wouldn’t even go so far as to say there’s things I “regret”. There are comments I’ve made that tone-deaf wingnuts don’t understand, sure.

— John Edwards official campaign blogger Amanda Marcotte, or someone posing as her, in the comments at J Train. Marcotte (or the person posing as her) apparently thought better of the Edith Piaf stance, and a minute later returned with a second amending comment. For examples of the “comments I’ve made that tone-deaf wingnuts don’t understand” regarding the Duke lacrosse case, see our post of Friday, further updated on Sunday.

Marcotte has a “tremendous fan” and doughty supporter in Ann Bartow of Feminist Law Professors (Feb. 6), whose precision in classifying adversaries as “conservative” is disputed by South of Heaven (Feb. 7: “People who know me are rolling all over the floor.”) On the other hand, inveterate publicity hound and professional taker-of-offense Bill Donohue of the Catholic League has now gone on the warpath against Marcotte (and another Edwards hire, Melissa McEwan of Shakespeare’s Sister). Marcotte’s writings on religious topics do seem to present a rather broadly inviting target for offense-takers, to judge from the snippets now making their way into press coverage (Nedra Pickler, “Catholics Slam Bloggers Hired by Edwards”, AP/ABCNews.com, Feb. 6; Kathryn Jean Lopez, “Unholy Hire”, National Review, Feb. 6). The New York Times’s coverage, unlike the AP’s, makes reference to the Duke lacrosse rants that originally drew our and many other people’s attention to Marcotte. (John M. Broder, “Edwards’s Bloggers Cross the Line, Critic Says”, New York Times, Feb. 7). The Times adds that “Mr. Edwards’s spokeswoman, Jennifer Palmieri, said Tuesday night that the campaign was weighing the fate of the two bloggers.”

More commentary: Patterico (“godbag”); Ed Morrissey (“In the case of Marcotte, her anti-Catholic screeds would make Jack Chick blush with embarrassment”); Althouse; John Cole (scroll to “Browns/Cowboys Superbowl”, as well as comment); Kos comments (do Catholics tithe, anyway?); “Expo” on Kos; Matt Stoller at MyDD.

Marcotte encore

John Edwards’ selection as his blogger-in-chief of Pandagon‘s Amanda Marcotte has mushroomed into what National Journal “Beltway Blogroll” terms “the first blog scandal of campaign 2008,” made more piquant by Marcotte’s quick move (documented in our Friday post) to delete her bizarrely abusive rantings about the Duke case once they began to attract attention. I should note that in our very active comments thread, Ted takes a different view than I do of the affair, and I explain in turn (in a comment kindly quoted by K.C. Johnson) why I think the episode does reflect poorly on Edwards’ campaign:

John Edwards’s life in the law and experience with the justice system is his major resume item dating back beyond the past few years, as well as the major reason this site has given his career extensive coverage. Moreover, the Duke case, which looks ever more like the Scottsboro Boys case of our era, has been convulsing his own state of North Carolina for month after month. Edwards’ dodging of the case — his apparently successful stifling of any urge to speak out at the plight of the falsely accused — might on its own stand as merely cowardly. Marcotte’s hiring, on the other hand, throws an even less attractive light on it, rather as if, in Scottsboro Boys days, an on-the-sidelines Southern senator took on as a major spokesperson someone who’d been yelling the Boys’ guilt from the rooftops in the most crudely prejudicial language.

On Marcotte’s quick removal of her Duke comments, Dale Franks at Q and O makes the legitimate point that there’s nothing intrinsically improper in bloggers’ going back to amend or delete past posts that they now realize are mistaken or which no longer reflect their evolving views. And Ted cautions, also quite fairly, against evaluating a blogger’s fitness for a real-world post by pointing to the most inflammatory of his or her thousands of past posts.

Part of what lends the Marcotte episode such a comic aspect, however, is the timing and nature of her post and later revision. Her vitriolic rant asserting the lacrosse players’ guilt was posted a mere two weeks ago, almost certainly at a point after (as the Atlanta airport reference indicates) she had already entered talks with the Edwards campaign and thus had reason to know that she might soon come under the heightened scrutiny accorded to an official spokesperson. These were not the impulsive utterances of a Net Newbie. Moreover, the temperate-sounding new “official stance” with which she replaced the scrubbed post is ludicrously different in both tone and content from the rant it replaced; at a quick reading, one might even take it for a defense of the lacrosse players. A closer examination of its dodgy language, however, reveals that she does not actually take anything back; there is no indication that she has reconsidered her view of Jan. 21 or sees it as being in need of actual correction.

As for whether Marcotte was just having a bad day and slipped into an abusiveness that is unrepresentative of her usual tone, even a cursory glance through her output at Pandagon makes clear that there is much more embarrassment for the Edwards campaign to come: a few examples are collected at LieStoppers (scroll to “Earlier Comments”), Michelle Malkin, and Creative Destruction.

Some further commentary: Common Sense Political Thought, Protein Wisdom, Mark Steyn @ NRO (“There are two Americas: one in which John Edwards gives bland speeches of soporific niceness, the other in which his campaign blogger unleashes foaming rants of stereotypically obsessive derangement.”), Patterico (& welcome Michelle Malkin readers).

Meet John Edwards’s new blogger-in-chief

Well after the revelation of the undisclosed DNA results, the ATM, taxi and dorm alibis, the umpteen times the stripper has changed her story, Amanda Marcotte still is willing to blast the Duke Lacrosse Three as guilty, guilty, guilty; and what do you know, the John-Edwards-for-President campaign has just saluted Marcotte’s acuity by naming her its blogger-in-chief (Pandagon, Jan. 21, foul language galore; Edwards blog, Jan. 30; Blogger News Network, Jan. 30, via Taranto; LieStoppers, Feb. 1). It’s enough to distract attention from all the comic joshing over the Friend of the Downtrodden’s gigantic new residence, or “Suing-’em Palace” as Mark Steyn calls it (NRO “The Corner”, Jan. 30; Dean Barnett, Jan. 30).

Update: Marcotte has now (1 p.m. Friday) yanked down her original post of Jan. 21, and appears also to have deleted several comments, but GoogleCache still has it for the moment. Here is its text, in the spirit of Fair-Use-ery:

Naturally, my flight out of Atlanta has been delayed. Let’s hope it takes off when they say it will so I don’t miss my connecting flight home.

In the meantime, I’ve been sort of casually listening to CNN blaring throughout the waiting area and good f**king god is that channel pure evil. For awhile, I had to listen to how the poor dear lacrosse players at Duke are being persecuted just because they held someone down and f**ked her against her will—not rape, of course, because the charges have been thrown out. Can’t a few white boys sexually assault a black woman anymore without people getting all wound up about it? So unfair.

111 Responses to “Stuck at the airport again…..”

Further update (1:20 p.m. Friday): Here are two comments that Marcotte appears to have deleted from the original thread. The “In her part of the country” comment had already drawn criticism from readers on the LieStoppers site:

Amanda Marcotte Jan 21st, 2007 at 12:54 pm

Yes, how dare a rape victim act confused and bewildered like she was raped or something.

# Amanda Marcotte Jan 21st, 2007 at 2:03 pm

Natalia, do you know the details of the case? If so, why do you think a women enthusiastically jumped into a sexual situation with men making slavery jokes at her? Furthermore, what is your theory on why she supposedly looooooved having sex with guys holding her facedown on the bathroom floor? There’s no “if” they behaved in a disrespectful manner. We have conclusive evidence that happened.

This is about race and class and gender in every way, and there’s basically no way this woman was going to see justice. In her part of the country, both women and black people are seen as subhuman objects to be used and abused by white men.

Plus: I see that K.C. Johnson (“Durham in Wonderland“) is on the case in typically thorough and powerful fashion. Marcotte also provides this further comment reacting to her critics (“if I see the words ‘Duke’ or ‘lacrosse’ in an email that has the whiff of accusatory tone, I’m deleting it and simply not going to reply to it”).

And again (11:30 p.m. Friday): In a further post, K.C. Johnson cites chapter and verse about how Marcotte’s hiring won much praise for the Edwards folks as a shrewd way of reaching out to progressive netroots forces. More discussion: TalkLeft forums, Betsy Newmark, Jeff Taylor at Reason “Hit and Run” (R-rated), Outside the Beltway, Patrick Ruffini, South of Heaven, Little Miss Attila, Brainster; & welcome Glenn Reynolds, Kevin O’Keefe and Michelle Malkin readers.

Further updates: see Feb. 4, Feb. 7, Feb. 8, Feb. 12 (Marcotte quits Edwards post), Feb. 16.

January 24 roundup