Categories
crime and punishment general freedom insider corruption

The Ayatollah for Governor?

Former Oklahoma Attorney General Drew Edmondson is running for governor.

Again.

You may recall, as I certainly do, that Mr. Edmondson prosecuted — more like persecuted — me and two others involved in a 2005 petition drive. He charged us with “conspiracy to defraud the state,” a felony carrying a 10-​year prison term.

At our arraignment and processing, the three of us were shackled together with handcuffs and leg-​irons and paraded before TV cameras.

“Has North Korea Annexed Oklahoma?” was how a Forbes magazine editorial greeted the spectacle. The conservative Wall Street Journal connected the Sooner State to the kind of repression practiced in Pakistan, while liberal consumer advocate Ralph Nader also condemned the prosecution. New Jersey Star Ledger columnist Paul Mulshine noted that Russia’s Vladimir Putin “could learn a thing or two from the Oklahoma boys.”

We became the Oklahoma 3. The AG earned the label “Ayatollah Edmondson.”

Loudly expressing our innocence, we waited for our day in court.

It was a long wait.

Edmondson held the indictment over our heads for a year and a half, publicly attacking us and calling us criminals. But he never permitted us our day in court. He went to great lengths to avoid completing a preliminary hearing, which would have allowed a judge to determine if enough evidence existed to hold a trial.

Finally, in 2009, as he prepared to launch his previous unsuccessful run for governor, he dropped all the charges.

When someone abuses power so recklessly, that someone shouldn’t be given more power.

Today, career politician Drew Edmondson tells voters he will “Put Oklahomans First.” He can’t even come up with his own slogan.

Ayatollah Edmondson: Dangerous. And unoriginal.

This is Common Sense. I’m Paul Jacob.

 

 


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Additional Information

Capitol Beat: In critical analysis, Edmondson ranked among worst attorneys general
CEI: Drew Edmondson’s Prosecution of Paul Jacob Is Unconstitutional
Wall Street Journal: Still Oklahoma’s Most Wanted – Attorney General leads posse chasing critics of government
NewsOK: State’s Unjust Prosecution 
Capitol Beat: Edmondson should free “The Oklahoma Three”

My Writing on Edmondson’s Attack on Petition Rights

We, the Oklahoma 3 — Oct. 7, 2007
Guilt & Innocence in Oklahoma — Jan. 21, 2008
Constitutionally Unsuited for the Job — Feb. 13, 2008
Above the Law — March 14, 2008
Opposed to Answers — April 28, 2008
Edmondson vs. Term Limits — May 20, 2008
Another OK Court Decision — June 4, 2008
Petitioners May Petition — July 8, 2008
Scare Tactic in Oklahoma — July 23, 2008
Feeling Sorry for Oklahoma — Nov. 17, 2008
The Wheels of Injustice — Dec. 4, 2008
The Oklahoma Three, Free at Last — Jan. 26, 2009
The Year of Reform? — Feb. 18, 2009
The Untold Story of the Oklahoma 3 — May 1, 2009
Change Sweeping Down the Plains — May 19, 2009

Categories
crime and punishment insider corruption U.S. Constitution

Fifth Dimension Feds

I like the Fifth Amendment.

I took it myself in 2007 when Oklahoma Attorney General Drew Edmondson was witch-​hunting with his grand jury. My attorney advised that I had more to fear from innocently misstating something and being vindictively charged with perjury than from the ridiculous indictments the AG would file against the “Oklahoma 3” — and then dismiss.

The Fifth Amendment protects the individual from government fishing expeditions, from browbeating by big, bad prosecutors — which includes congressional committees acting as such.

I don’t want to diminish our Fifth Amendment rights in any way, for any citizen.

Even when Citizen Lois Lerner asserts her Fifth Amendment privilege while the acting director of the IRS’s Exempt Organizations Division. And yes, even in yesterday’s repeat performance — having since retired with a pension — she still avoids congressional questions about official actions that appear to violate fundamental civil rights.

The House committee may charge Lerner with contempt (I already do). Admittedly, without her testimony, we may never know the full extent of the official campaign against certain political groups.

But we do know enough to take action.

Free and democratic participation in society requires a better system. Each non-​profit group that forms must file a tax return, so there is transparency and oversight. The time has come to shut down the IRS Exempt Organizations Division approval process for non-​profit groups and end the current prior restraint on participating in public policy.

We don’t need the Internal Revenue Service to stand as a censor bureaucratically or politically approving or dawdling to decide whether certain groups are permitted to organize.

A free society cannot tolerate it.

This is Common Sense. I’m Paul Jacob.

Categories
ballot access Common Sense initiative, referendum, and recall

Solving a Problem

Regular readers know that I’ve had my share of troubles in Oklahoma, where a politically-​motivated Attorney General abused his office years ago to threaten myself and other initiative petitioners. Thankfully, we won that battle.

Now, with a critical election nearly upon us, there’s a different problem in Oklahoma. Put another way, there’s a big opportunity.

On the ballot in just a week is State Question 750, which will make it a little less onerous for citizens to qualify initiative and referendum measures for future ballots.

Of all initiative states in the country, Oklahoma is the most difficult to put an issue on the ballot. The state mandates the highest percentage of signatures in the entire nation, while also setting the second shortest period for folks to circulate petitions, a mere 90 days.

Currently, Oklahoma determines the petition signature requirement by the office with the highest number of votes cast in the last election. This means that after every presidential election the signature requirement shoots up by as much as 40 percent!

Which, in turn, shoves aside the possibility for voters to reform government and hold it accountable.

State Question 750 would, instead, set the petition requirement to match the totals to the votes on gubernatorial elections. This would remove the roller-​coaster fluctuations after each election. More importantly, it would significantly lower the signature requirement — by about 40 percent.

But there is a rather serious problem. SQ 750 is slightly behind in the polls — with a surprisingly large number of voters undecided.

Why?

Well, I’m convinced it’s because the ballot title for SQ 750 is plodding and abstruse, while also offering a negative spin.

Can you guess who wrote it?

The cockamamie title was prepared by none other than Oklahoma Attorney General Drew Edmondson. Yes, Edmondson’s the same politician who tried to throw me (and two other innocent activists) in jail on trumped up charges that, later, he was forced to dismiss and expunge.

When AG Edmondson launched his political witch-​hunt against those of us who seek limits on government spending, we fought back. As that battle began, a friend urged me to set out some goals. Here are the five goals I set out three years ago and where we stand on each one:

1. Win our legal case.

  • We won. All charges were dismissed and our indictment expunged from the record.

2. Make Mr. Edmonson a private citizen after the next election.

  • Edmonson was defeated in the Democratic primary back in July.

3. Overturn the state’s residency law.

  • The law was struck down as unconstitutional.

4. Term-​limit all statewide officials — most necessarily the Attorney General. (Edmondson has been AG for the last 16 years.)

  • The term limits amendment, State Question 747, is on this November’s ballot.

5. Open up the initiative and referendum process in Oklahoma.

  • In 2009, we assisted Oklahoma activists in passing three bills through the state legislature to make the petition process more open and accessible. One of those bills is SQ 750, a constitutional amendment, which is on the ballot this November — along with term limits.

Passing SQ 750 cannot help but have some personal meaning for me. More consequential, however, is the impact its passage — or failure — will have on our campaign to protect and expand the initiative process all across this country. We cannot afford to have the strong public support for the initiative hijacked by a convoluted ballot title from a disgraced AG on his way to the political dustbin.

One thing is clear: If Oklahoma voters know what State Question 750 is all about, they will pass it — with a solid majority.

Let’s help inform them. 

A serious statewide radio campaign, reaching the Oklahoma electorate in this final week, costs a very serious $68,000. This is heavy saturation for the last 7 days of the campaign.

The radio spot will help voters cut through the AG’s smokescreen and grasp the significance of a YES vote on SQ 750 by reminding folks that the initiative process makes reforms like term limits possible. You can listen to the radio spot here.

Citizens in Charge has already begun airing this radio advertisement statewide. But we desperately need to run it more frequently and on more stations if we are to reach enough voters.

To do that, we must raise another $14,000 by close of business today — or early tomorrow, at the absolute latest.

Please help at this critical moment. We can purchase an additional spot on a statewide network of stations for $750. A contribution of $100 will cover another 60-​second play on an individual station in Oklahoma City or Tulsa. And in the Sooner State’s smaller markets, your gift of $25 or $50 means another audience will hear us.

Would you consider contributing $750, $250, $100, $50 or $25 of the remaining $14,000 to reach the electorate and win?

You are the freedom fighter that the forces of big, unaccountable government so badly underestimate. Thanks in advance for your consideration. Please contribute online here.

This is Common Sense. I’m Paul Jacob.


P.S. This has been a super successful year for Citizens in Charge Foundation & Citizens in Charge, with not a single significant anti-​initiative bill passing in the entire nation and with important victories in court cases brought in Colorado, Missouri, Ohio, Utah and Washington. Now, with your support, we have an opportunity to secure a major win at the ballot box in Oklahoma. Your gift will directly help put citizens in charge in Oklahoma.

P.P.S. Oklahoma doesn’t start early voting until the final weekend before Election Day, so we can still reach all the voters. I have no crystal ball, but I feel this radio ad campaign will make the difference between winning and losing. 

Categories
ideological culture insider corruption political challengers

The Wicked Witch Is Dead

Many is the time I’ve compared various politicians to The Wizard of Oz’s man behind the curtain. They’re not bad men; they’re just not very good wizards.

But today brings a different connection to Oz: I can’t get the song, “Ding-​dong, the Witch Is Dead!” out of my head.

Tuesday, Oklahoma’s Democratic Party primary voters ended Attorney General Drew Edmondson’s gubernatorial bid.

Regular readers of Common Sense know I’m no fan of Mr. Edmondson, who attempted to bully and threaten two others and me, the Oklahoma Three, for daring to push a petition to put a state spending cap on the ballot. Edmondson indicted us, in 2007, on a phony felony charge that carried a ten-​year prison term. After a year and a half of Edmondson delaying to deny us our day in court, the trumped-​up charge was dismissed.

We certainly weren’t the only victims of Edmondson’s put-​politics-​before-​justice philosophy. A Competitive Enterprise Institute report judged Edmondson to be the third worst AG in the nation for, among other things, abusing “the power of [his] office for political ends.”

At CapitolBeatOK​.com, Patrick McGuigan detailed much of Edmondson’s bad behavior, helping hasten the day that Oklahomans would be free of him. In January 2011 that day will come for the man once described as “Barney Fife with bullets — and no Andy.” 

Justice is finally sweeping down the plains. 

Oh, wrong movie. Here: You-​know-​who has just met his opportune bucket of water.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall

The Year of Reform?

This year has brought good news for freedom and democracy in Oklahoma.

Last month, the state’s attorney general, Drew Edmondson, dropped his appeal of a federal court decision, which had overturned part of Oklahoma’s petition law. The AG also dismissed all charges against the Oklahoma Three — Rick Carpenter, Susan Johnson and me.

Hopefully, with the end of this politically motivated prosecution, the chilling effect it has had on Oklahomans who want to petition government will quickly dissipate.

But still, as State Senator Randy Brogdon points out, Oklahoma’s petition process remains “the most onerous … in the nation.” That’s the bad news.

The good news? Senator Brogdon and State Representative Randy Terrill aim to change all that. They’ve introduced legislation to “tear down many of the roadblocks that currently prevent the people from exercising their First Amendment rights.”

There’s a constitutional amendment to lower the signature requirements on petitions, now the highest percentage in the nation. A separate statute would give citizens a year to collect signatures, rather than the short 90-​day window currently required. That statute would also clean up the process to prevent petitions from being thrown out arbitrarily.

Only three out of 24 initiative petitions this decade have made the Sooner State’s ballot. “Perhaps relief is on the way,” wrote The Oklahoman newspaper. Brogdon says, “2009 could be the year for reform.”

Now is exactly the right time.

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights initiative, referendum, and recall national politics & policies

The Oklahoma Three, Free at Last

It seemed hardly necessary. The handcuffs and leg-​irons, I mean. I wasn’t a threat to anybody. Neither were Rick Carpenter and Susan Johnson.

We had been charged with “conspiracy to defraud the state of Oklahoma” for our work to put a spending cap on the ballot.

The metal constraints were for show — to intimidate us and to scare the good citizens of Oklahoma.

The threatened penalty of ten years in prison was scary, too.

Being innocent, we defended our rights, even as the persecution dragged on for a year and half. Not even a preliminary hearing had been completed. Folks wondered if Attorney General Drew Edmondson was more interested in tying us up politically than in prosecuting us legally.

We never got our day in court; the Constitution intervened. Not only did we not break Oklahoma’s residency law, the federal Tenth Circuit declared the law itself an unconstitutional violation of our First Amendment rights.

So, on January 22nd, the AG dismissed the charges. It was a great day — for all of us.

But the underlying mindset of the original law and prosecution remains. Legislators continue to enact unconstitutional impediments against citizen use of ballot initiatives and recall petitions. Too often, officials seek to punish citizens who assert their rights.

Citizens in chains cannot control their government. That’s why, working with the group Citizens in Charge Foundation, I’ll keep fighting.

This is Common Sense. I’m Paul Jacob.