Law Firm Serving Denver and Colorado

Recently, two members of our team were able to attend and participate in the Ames Straw Poll. If you have never heard of the Ames Straw Poll, here is an abbreviated explanation:

During each presidential contest where there is not an incumbent Republican candidate, the Iowa Republican Party holds a major event known as the Ames Straw Poll. It is first and foremost a fundraiser for the Iowa Republican Party,with tickets to attend and cast a straw poll ballot costing $35 each. Because the event takes place in Iowa, about six months before the first in the nation caucuses, it has come to be regarded as the first official kick-off to the race to the Presidency on the Republican side.

The Iowa Straw poll provides an opportunity for Republican hopefuls to demonstrate the effectiveness of their respective campaign organizations and get-out-the-vote machines. It's the fifth such poll ever and the first since 1999, and generally has been a good predictor of who will be the choice of Iowa caucus-goers months from now, giving critical momentum to the selection of the eventual Republican nominee.

The event is held on the campus of Iowa State University, and each participating candidate has a tent area where supporters are treated with food, concerts, and games for the children. Attendees (Iowa residents only) each cast a ballot for the candidate that they currently support.

This year's event was held on August 11th, and an estimated 25,000 Republicans braved 95-degree heat and humidity to be a part of this storied event. Here are a few of my observations and awards from this year's event:

Most Zealous Supporters: Rep. Ron Paul. The Ron Paul campaign had supporters from all over the country converge on Ames. When we arrived two hours before the event, they were already out in full force. My personal favorite was an RV of Ron Paul supporters painted with the slogan "Granny Warriors."

Best Entrance: Gov. Tommy Thompson's Bike Rally. A biker rally with an estimated 175 riders rolled up. You didn't need to see them; you could hear the roar of the motorcycles from a mile away.

Best Stage Show: Gov. Mike Huckabee. Some campaigns hire a band for Ames, some hire three. But Governor Huckabee brings his own band. Huckabee played bass for his band "Capitol Offense", and we have to report that they sounded pretty good too. Bill Clinton on the Arsenio Hall Show has nothing on Huckabee!

Best Tent: Sen. Brownback. Two words: AIR CONDITIONING.

Best Speech Line: Gov. Romney. During the candidate speeches, "Sen. Edwards proposes that each family be allowed to save $250 tax free each year. This doesn't pay for retirement, a house, a car ... and in the case of Senator Edwards, it doesn't even pay for a haircut."

The Winner: Iowa Voters and the Iowa Republican Party. Although Gov. Romney won the vote, it was the Iowa Voters and the Iowa Republican Party that were the big winners. The Ames Straw Poll was an excellent atmosphere for Republicans to meet their presidential candidates and to also be educated on key issues facing the nation in the upcoming election. It was an amazing experience at this event. So if you have never attended an Ames Straw Poll, set time aside in 2016 after the next Republican President has served his eight-year term.

Straw Poll Results:

Mitt Romney 4516 votes (31.5%)
Mike Huckabee 2587 votes (18.1%)
Sam Brownback 2192 votes (15.3%)
Tom Tancredo 1961 votes (13.7%)
Ron Paul 1305 votes (9.1%)
Tommy Thompson 1,009 votes (7.3%)
Fred Thompson 231 votes (1.6%)
Rudy Giuliani 183 votes (1.3%)
Duncan Hunter 174 votes (1.2%)
John McCain 101 votes (0.7%)
John Cox 41 votes (0.3%)

Denver Clerk and Recorder Stephanie O'Malley has named Michael Scarpello as Denver's Director of Elections and Helen Gonzales as the Deputy Director of the Clerk and Recorder's Office. Read the press release, and a description of Mr. Sarpello's and Ms. Gonzales' background and qualifications here.

Since the City Charter change, and her election this spring, Denver Clerk and Recorder O'Malley has, in my estimation, brought a level of professionalism and competence to her new responsibilities that has been refreshing. We can only hope that Mr. Scarpello and the rest of the Elections Division is up to the task.

Posted by Ryan R. Call, Esq.

Appeals Court finds that raid on Congressional Office of U.S. Rep. William Jefferson (D-Louisiana) violated the Constitution

The AP reports, (with special thanks to Drudge for the link), on this opinion in USA v. Rayburn House Office Building issued by the D.C. Circuit. The Court held that aspects of the search violated the Speech or Debate Clause. It concludes:

Accordingly, we hold that the Congressman is entitled to the return of all legislative materials (originals and copies) that are protected by the Speech or Debate Clause seized from Rayburn House Office Building Room 2113 on May 20-21, 2006. Further, as contemplated by the warrant affidavit, the FBI agents who executed the search warrant shall continue to be barred from disclosing the contents of any privileged or "politically sensitive and non-responsive items," and they shall not be involved in the pending prosecution or other charges arising from the investigation described in the warrant affidavit other than as regards responsiveness.

In her opinion concurring in the judgment, Judge Henderson concludes:

In sum, I believe the Executive Branch's execution of a search warrant on a congressional office--with its unavoidable but minimal exposure to records of legislative acts--does not constitute "question[ing]" within the meaning of the Speech or Debate Clause. On this reading of the Clause, Rep. Jefferson remains subject to the same criminal process that applies to his constituents. See Gravel, 408 U.S. at 626. As "[t]he laws of this country allow no place or employment as a sanctuary for crime," Williamson v. United States, 207 U.S. 425, 439 (1908) (quoting King v. Willkes, 2 Wils. 151 (1763)), I would conclude that the Speech or Debate Clause does not bar the Executive Branch's execution of a search warrant on a congressional office and, accordingly, deny Rep. Jefferson's Rule 41(g) motion.

The distinguished Democrat Congressman from Louisiana is charged with soliciting over $500,000 in bribes, $90,000 of which was later recovered by the FBI in a freezer in the Congressman's Washington home -- giving rise to countless late-night punchlines about the ability of Democratic elected officials to bring new meaning to the term "cold, hard cash."

Posted by Ryan Call, Esq.


On a related note - Ethics Reform!

Roll Call reports that the US Senate has adopted a comprehensive Ethics Reform bill, which moves to the White House for presidential signature—or possible veto. The Senate vote was 83-14 (roll call vote here). According to Roll Call, "The real test came earlier in the day, when conservative Republican Senators -- who said the bill fell short on limiting earmarks-- tried to kill it on a procedural vote to end debate. Three GOP Senators--Wayne Allard (Colo.), Sam Brownback (Kan.) and Jim Bunning (Ky.) -- voted against cloture but then voted for the bill. " The full text of the bill can be found here.

The Washington Post reports that "the White House said President Bush had 'serious concerns' about the measure and had not decided whether to sign it."

Posted by Ryan Call, Esq.

Colorado Secretary of State Rulemaking

The Colorado Secretary of State is considering substantive rulemaking to both the rules governing the conduct of elections in the State of Colorado, as well as campaign finance related matters.

A copy of the proposed rules governing elections, revised and re-published 8-2-07 is available here.

A copy of the proposed rules concerning campaign finance regulation in the state, posted earlier this week, is available here.

Comment and a detailed analysis of the proposed rules will be posted here shortly, and your own comments are welcome.

Posted by Ryan Call, Esq.