Tim Hugo's Attack Ad on Rex Simmons is Unethical

By: Lowell
Published On: 9/20/2007 6:13:42 AM

Every quote in this attack ad on Rex Simmons, attributed to www.raisingkaine.com, is actually from a user diary that was removed by the user!  The diary was NOT by a "Raising Kaine" front pager, it was NOT by "Raising Kaine" as a PAC or a blog, it was simply a diary posted by a pseudonymous commenter on this community blog.  (Note: I happen to know who the person was  -- a Democrat who worked for Morris Meyer -- but theoretically it could have been a Republican, could have been anyone.) For Tim Hugo to run ads citing Raising Kaine as the source of these quotes is unethical and SHOULD be illegal if it isn't already.  Anyone who would do this certainly doesn't deserve to be representing people in the House of Delegates.  Disgusting.


By the way, let me just state clearly and unequivocally, just in case there's any confusion on this point:  Raising Kaine strongly endorses Rex Simmons for House of Delegates!  Simmons will make a superb delegate for the citizens of Clifton, Centreville, and Fairfax Station.  He will focus on improving Virginia's educational opportunities, protecting its environment, reining in exploding health care costs, and fixing gridlock.  He certainly will not be a rigid right-wing ideologue, as Project Vote Smart proves Tim Hugo to be.  I urge everyone to volunteer for Rex Simmons and contribute to his campaign.  It's definitely time for a change in the 40th district of Virginia!

P.S. As the founder and editor of Raising Kaine, I strongly urge any TV station running this ad to pull it immediately. In the meantime, I am exploring whether Raising Kaine has any legal remedies available.  Advice from attorneys in the RK community would be much appreciated.


Comments



Canny Republican Obfuscation and No Record of Attribution (dsvabeachdems - 9/20/2007 7:11:56 AM)
Part and parcel of the Republican art of manipulating the facts is the ability to control the record. This is right in line with the policy that their candidates and office holders not be videotaped at their events. This reluctance is not born from the macaca incident (oh, by the way, visit George Allen's website for a refreshing trip to lala land), but from the knowledge that the message morphs based upon the audience. Delegate Purkey (R-Virginia Beach) admitted this last Saturday when he told fellow local Republicans that their heated discussion about immigration would never occur in a Northern Virginia Republican venue.

But being able to create a source annonymously, cite it, and then have it disappear, is a quaint twist. I doubt if it is illegal. It's just what Republican has come to mean.



Wow (afausser - 9/20/2007 7:57:52 AM)
That's a nasty ad. I really don't think Hugo needed to go this far...this is obviously just trying to scare uninformed voters.

Rex Simmons....lies.....ILLEGAL IMMIGRANTS!!!

That is so ridiculous.



It's completely over the top. (Lowell - 9/20/2007 8:22:15 AM)
Obviously, Hugo must be panic stricken to run an ad like that. If he were truly confident in himself, he would run positive ads touting his accomplishments.  Except for one problem:  he doesn't have any.


I guess I thought Hugo had a sense of decency... (afausser - 9/20/2007 8:39:47 AM)
I guess it just means Rex has run a really good campaign so far if it's scaring him. But it's just dirty. Most politicians can at least make up something that sounds good about themselves instead of going this far.

Hopefully we can get this thing pulled. That's like blaming DailyKos for everything written on their site (um, O'Reilly?).



Yeah, let's go into the right-wing sites (Lowell - 9/20/2007 8:42:08 AM)
and tie every word written there to Republican candidates. Now THAT would be fun!!! 


New Low (code - 9/20/2007 9:54:39 AM)
This is a new and disgusting low. I can understand that someone would do this, but I can't possibly understand how any reputable campaign could succumb to this kind of unethical behavior. It's one thing to run an attack ad, it's another to devise clever ways to blatantly make stuff up and source it.


Horrible (blueweeds - 9/20/2007 10:05:29 AM)
The ad reeks of standard RPV desperation tactics aginst Simmons, but, Lowell, I think you're absolutely correct in pointing out the ad is really a calculated campaign targeted at steal the influenece of the RK "progressive brand."  You've got to protect your investment in RK - that's really what this ad is trying to do. 


What Hugo did SHOULD be illegal (Lowell - 9/20/2007 10:09:41 AM)
Why isn't it? 


Regardless of whether it's illegal ... (Rob - 9/20/2007 10:16:38 AM)
We should bombard the local stations with emails explaining how the ad is a distortion (see my other diary) and demeans the integrity of the station.  At the very least, maybe the media picks up on Hugo's lies.


the advertising "Buy" is where you have to complain (Used2Bneutral - 9/20/2007 11:11:45 AM)
Cox Cable, Comcast Cable and Verizon FIOS sell time slots on groups of stations usually the national "News Channels" and sports for these kinds of ads. They are whom you have to contact to pull them down.... the networks themselves never see the content they just work time slots that can be re-sold into their agreements with the cable providers..... In this area most TV buys for local politics are done directly from Cox, Comcast and Verizon only. Now I have been told that Cox is very responsive to any questionable content and will pull ads quickly if there is any merit to the protests.


It may be "illegal" (blueweeds - 9/20/2007 10:33:02 AM)
in the sense it violates election law, but, again, I think the main issue is the ad is trying to steal your intellectual property, the investment you've made in your RK progressive brand. 

If an unhappy McDonald's customer griped about McDonald's while buying a soda at Burger King, and Burger King turned around and put together an ad which said "McDonald's admits its own food sucks" - the suits be lined up around the block to protect the McDonald's brand. 

That's what's going on here.  The RPV & the Hugo campaign are distorting a statement made by your customer and attributing your customer's statement to your brand. 

I think an election law complaint, a civil cease and desist, and contact with the media running the ad are ALL in order - from RK. 

Just my 6 cents.



PLUS ... (Rob - 9/20/2007 10:14:15 AM)
Wasn't that diary about the primary campaign?  I don't think those comments (true or not) had anything to do about his general election campaign, where Hugo's immigrant bashing is relevant.  So that's another distortion in the ad.


The diary was published on June 13 (Lowell - 9/20/2007 10:18:35 AM)
One day after the primary, which was hard-fought (translation: rough).  The author then took the diary down.


They might have to take it down because... (chippenham - 9/20/2007 10:19:28 AM)
"Authorized by?" Spoken Statement
For any political advertisement appearing on Television and sponsored by a candidate which refers to a
clearly identified candidate or candidates other than the candidate which is sponsoring the advertisement
must include a disclaimer statement spoken by the candidate which states "I am?(or "This is?") [Name
of candidate], candidate for [name of office], and I (or 'my campaign') sponsored this ad." There must be
a full-screen, unobscured photographic picture or actual appearance of the candidate throughout the entire
spoken statement.
It is not required to state whether the candidate authorized the advertisement if the candidate referred to in
the advertisement is not the sponsoring candidate's opponent or if the candidate referred to in the
advertisement is not being expressly advocated.
The spoken statement can be spoken at any time during the advertisement unless the duration of the
advertisement is more than 5 minutes. In this case, the spoken statement must be delivered at the
beginning and the end of the advertisement.
If more than one candidate is sponsoring the advertisement then at least one candidate must speak the
disclaimer statement.


Nevermind (chippenham - 9/20/2007 10:21:48 AM)
It's at the beginning, although you may be able to get him on a technicality as there doesn't appear to be a "full-screen, unobscured photographic picture".


This is atrocious (JMU Duke - 9/20/2007 11:12:24 AM)
but let's not focus on a legal remedy to this situation, but rather an electoral one. Let's make sure our candidates such as Simmons have everything they need to fight these awful tactics. Republicans are running scared, let's keep the heat on.


I can see Doc Welch getting ideas already... (elevandoski - 9/20/2007 11:44:29 AM)
He's probably got Brian Kirwin already combing through anonymous comments left at VB Dems.  This is outrageous!  I think we should press AG Bob for a statement here, since he thinks he is such a big-wig amongst the blogosphere. 


Tim Hugo's "Bathroom Wall" Poltics (The Grey Havens - 9/20/2007 11:54:03 AM)
Virginia has a long history of fighting back against dirty politics, and Tim Hugo's adventure into a new brand of "Bathroom Wall" citations will be no exception.

When Kilgore ran his "Despicable 'Hitler' Ad", it cut his credibility off at the knees and gave TK a massive boost.

When Allen dared challenge the honor of Jim Webb and the US Marines by assaulting handpicked writings from his fact-based novels, it allowed Webb his first and only direct personal assault against Allen "the fish rots from the head".

Now, Tim Hugo has taken an unprecedented step by misquoting an anonymous blogger, they could have been posted by a republican operative or by members of Tim Hugo's own campaign.  Whether they were or not is irrelevant and this kind of mis-representation is the rough equivalent of citing quotes off the wall of the men's room.

These are Bathroom Wall politics that Virginia Voters have rejected before and will continue to reject by removing the dishonorable Tim Hugo from office.

Rex Simmons survived a hard-fought primary against a passionate opposition.  Now he faces the Bathroom Wall politics of Tim Hugo, and the voters deserve better.  When Kilgore, Allen and other Republicans use their Rovian character assassination tactics against the voters of Virginia, they choose in favor of honest governance, and good judgment.

That choice is again before the voters and they will elect Rex Simmons Delegate in the 40th in November.



There was NOTHING anonymous about that blog entry Lowell (Ben - 9/20/2007 11:59:57 AM)
You and I both know that.


Anyone else notice (Glant - 9/20/2007 12:01:36 PM)
That nowhere in the ad does Hugo mention that he is a Republican!

Hugo is disgusting.



Look on the bright side (DukieDem - 9/20/2007 1:31:14 PM)
When you're being used in negative attack ads, you know you've hit the big time.


COMMENT HIDDEN (Concerned Virginian - 9/20/2007 3:18:50 PM)


Hahahahahahahahahaha. (Lowell - 9/20/2007 3:46:18 PM)
Very funny, and verrrry clever (well, not really come to think of it).  Anyway, why don't you just admit you're with the Hugo campaign and be done with it?  Nice try, though...thought you'd change the subject there from Hugo's unethical behavior by revisiting an intense primary campaign between two Democrats.  Let me make this very clear so you can understand:

RAISING KAINE STRONGLY ENDORSES REX SIMMONS FOR HOUSE OF DELEGATES!!!!!!

Is that clear? Now, what part of "unethical" don't you understand?

P.S. Oh, by the way, are you arguing that Republican primaries are always nice, staid, well-mannered affairs?  Should we dig up all the comments and diaries from, let's say, Hanger vs. Sayre?  Now wouldn't THAT be fun?



Get Your Facts Straight (Mule - 9/24/2007 7:24:07 PM)
Rex's mailer explicitly said that Morris was a good guy and was not at all like Bush--except for the fact that like Bush, Morris was a recent Texan.  The idea was to contrast the newcomer Meyer (he moved to Fairfax from Texas about a year before the primary) with the long-time resident Simmons (who has lived in Fairfax for about 30 years).  This was a legitimate point to make.  Admittedly, the reference to Bush was harsh, and I would not have done that if I were in Rex's shoes, but it falls short of an egregious, out-of-bounds tactic.  For their part, Meyer and his supporters were unfair in pointing to Simmons'  short tenure as a Fairfax County Democratic activist--never acknowledging that Simmons, as a federal civil servant until January 2007, was prohibited by the Hatch Act from being an activist before 2007.  This was hardly a Simon-pure tactic. 


COMMENT HIDDEN (Concerned Virginian - 9/20/2007 5:23:11 PM)


Your point? (Lowell - 9/20/2007 5:58:46 PM)
Or are you just going to keep digging up old quotes during a heated Democratic primary?  Nice try at distraction, but the issue here is Tim Hugo's dishonest, slimy ad.


So ... (Rob - 9/20/2007 9:58:58 PM)
are you saying that Lowell made the statements in the Hugo ad?  Because unless he or perhaps one of the front-pagers said it, you pulling up random barely relevant quotes from Lowell doesn't make Hugo's ad any less a lie.


Exactly. This is typical Republican (Lowell - 9/20/2007 10:00:40 PM)
redirection, also known as horse manure.


What failed Allen and Kilgore will fail Hugo... Republicans have Failed Virginia (The Grey Havens - 9/20/2007 5:33:27 PM)

Tim Kaine and Mark Warner have proven to Virginia that Democrats can lead, govern, and put Virginia first. Republicans obstruct and put ideology and party before the good of the Commonwealth.

Despite Republican obstruction Warner and Kaine addressed the most critical problems in Virginia and made Virginia the best managed state in the nation, the best state for business, and the best place for kids to prepare for success in life.

This year, Virginia voters will have a chance to decide between the reactionary ideological past or the pragmatic, successful future. Tim Kaine needs Democratic allies in the House and Senate, and there is a blue tidal wave ready to wash over Virginia this November delivering supporting majorities in the Senate and potentially the House as well.

Meanwhile, the Republicans have put party first, and have nothing left but the same kind of Rovian tactics that failed when Kilgore and Allen used them in the past.

Tim Hugo's failed attack is more of the same that has cost Republicans in recent years and promises to cost more. Virginia voters will choose Democrats across the Commonwealth in November, and Rex Simmons will be among a freshman class in a new Democratic majority that will help Tim Kaine lead Virginia into a brighter future marked by responsible governance and pragmatic solutions to real problems.



Ben Fingers Nate (jsrutstein - 9/20/2007 6:16:55 PM)
Lowell says it was "a diary posted by an anonymous commenter -- could have been a Republican, could have been anyone -- on this community blog."

Ben says it was Nate, not anonymous, not a Republican, couldn't have been anyone else.



I should have said it was a person posting (Lowell - 9/20/2007 6:51:14 PM)
under a pseudonym, as 95% or more of people do on the blogosphere. 


you missed the point (jsrutstein - 9/20/2007 7:13:47 PM)
You don't have to out Nate like Ben did, but you shouldn't let your readers think it could have been a Republican when you knew it wasn't.


That wasn't my point. (Lowell - 9/20/2007 7:22:08 PM)
It was just poorly written. The point was that this is a group blog, where anyone -- Democrat, Republican, Independent, Green - can post diaries or comments.  For a politician to claim that any one of those comments or diaries means that "Raising Kaine" is the source is not right, any more than saying a letter to the editor to the Washington Post means the Washington Post said it.


I clarified the language in the diary (Lowell - 9/20/2007 7:30:41 PM)
Hope it helps.


citing blogs (jsrutstein - 9/20/2007 8:54:27 PM)
I do appreciate the changes you made.

It's possible that Hugo thinks the accusations of lying and cowardice are especially stinging because he can cite "www.raisingkaine.com" and viewers will associate that brand with people who wouldn't be expected to insult Simmons.  Or, it's possible that Hugo is just getting a private kick out of being able to use his enemies' words against Simmons.  Nevertheless, the words came from this blog, and even a completely precise citation to the pseudonymous diary would begin with "www.raisingkaine.com."  Hugo didn't say "Lowell Feld said," or "One of the front pagers at RK said."

If we ever do see a day when blogs are cited like newspapers, it'll probably mean that the blogosphere has been civilized via experience and libel suits.  I'd rather put up with the occasional creep like Hugo, than give up the anarchic information-wants-to-be-free way the blogs have of unearthing truth in sharp contrast to the way the corporate-owned media tries to market truth to us like one more bar of soap.  Glenn Greenwald at salon.com says this much more persuasively and eloquently than I.



I need to clarify myself. (jsrutstein - 9/20/2007 9:03:59 PM)
If the words were from a letter to the editor in the Washington Post, I think one could get away with saying, as Hugo did, "see what others are saying," and citing to The Washington Post, the date of the edition, and the page number, or citing the URL of the web edition.  Hugo couldn't get away with saying "The Washington Post says," or "The Washington Post opines."


Interesting point (Glant - 9/21/2007 9:30:13 AM)
Since RK posters are not required to identify themselves by name, would it be possible for a candidate to come on here, post a diary about their opponent, and then cite to Raising Kaine as the source when they use their own diary as part of an ad?

Suppose I were (hypothetically) running against Ben for dog catcher.  Could I post a comment here that Ben was actually a "cat fancier" and then start an ad campaign against Ben-the-Cat-Fancier citing only Raising Kaine as my source?

PS -- I have no idea whether or not Ben fancies's cats.



Yes, anyone can come on here and post (Lowell - 9/21/2007 10:49:37 AM)
...just as on the WashingtonPost.com or anywhere else that allows comments.  So, if someone goes on the WashingtonPost.com and says "The Washington Post sucks," can the Washington Times advertise "Washington Post sucks, Source: Washington Post?"


Here's the problem (Ben - 9/21/2007 12:03:38 PM)
If you click on anyone's name on RK you can see every comment they have ever made.  What that means is if someone says who they are in a previous comment- then they are no longer anonymous.  So in this case, Nate posted he was "Pitin" and that he was working for Morris- how in the heck would Tim Hugo NOT use that once Nate posted those attacks after the primary? 


Hugo can use it, but it's deceptive (Lowell - 9/21/2007 12:10:08 PM)
and unethical to imply that it was "Raising Kaine" as a whole that was the source.  Same as if any of us leave a comment on WashingtonPost.com or writes a Letter to the Editor, and then some politician cites the source as "Washington Post."  That's ridiculous, the Washington Post is simply providing a relatively open forum, but of course the paper doesn't agree with everything written there.  Perhaps we all need to post disclaimers like:  "The views expressed by users of this blog do NOT necessarily reflect those of the Raising Kaine PAC or the Raising Kaine 'front pagers.'"


Weak ad. (JPTERP - 9/21/2007 1:53:12 AM)
The attribution issue seems like it could be a legitimate grounds for a cease-and-desist letter.  As stated by another commentator the ad makes no distinction between the comments of an anonymous diarist and the opinions of the site operator (i.e. Lowell). This definitely seems like unchartered territory in election law; however, I think the Washington Post letter to the editor example is a good parallel example.

As far as the effectiveness of the ad goes, I think it's a pretty weak ad.  No offense, but I don't get the sense that RaisingKaine is a known brand -- so its force as an appeal to a known authority won't be especially strong for most viewers.  As an average viewer, unaware of the blogosphere I might think that Hugo just made the quotes up himself.  What exactly would that say to me about Hugo as an ordinary voter? 

To the extent that the ad encourages people to check out this website and find out what RaisingKaine is all about, I suspect the ad itself might backfire.  (e.g. the reality is that Hugo's ad is, at best, misleading.  It does not reflect on him very well).

Hugo also doesn't come across as a particularly charismatic presence either in the ad.  The picture that he uses is not especially flattering: e.g. double-chins, unctuous used-car salesman like smile, kind of high pitched whiny voice.  The picture says "trust me at your own peril".  Not exactly someone who I would personally feel comfortable giving the keys to my tax dollars. 

The only part that might sell with the base is the illegal immigration pitch at the end of the ad.  Obviously this is an issue that will drive some voters to the polls.  The issue cuts both ways in Northern Virginia -- although in the outer suburbs it could be a useful pitch.  On the flipside, the ad offers nothing to fiscal conservatives, or "meat and potatoes" voters who are primarily concerned with repealing the abuser fees, and finding viable long-term fixes to the transportation problem.

So much of this obviously comes down to getting the die-hard supporters out to the polls.  To the extent that Hugo is able to get voters to see beyond his vote on the abuser fees and his failures on transportation, I guess it could help him.  But I'm not exactly clear what else he's selling.  The converts and volunteers are already on the bandwagon, but as an undecided voter, I'm not sure that his ad really gives me a reason to vote FOR him.  On the flipside, it's not the kind of ad that would seem to really depress vote on the other side of the equation.  It might have the opposite impact and drive people to support a man, Simmons, who they believe has been defamed in the TV ad by a sleazy politician.

If Simmons runs his own ad he can go mostly positive -- make transportation the signature issue.  Perhaps he could even raise the Abuser Fee issue and Hugo's vote.  That is something that has really ticked off a lot of people.  (e.g. Just tell me who voted for that stinking measure, and I will be sure to turn out and vote AGAINST that person.  I know a lot of people who feel this way -- especially among folks who are unlikely to turn out for a local election.  One great reason to call attention to Hugo's vote).

Btw, Great pic of Simmons and family in the above diary -- it would be great to see this used in an advertisement.  The picture says: I am an honorable family man, someone who can be trusted with your money, and someone who can be trusted with issues that matter to families in my district.  Quite a contrast with the floating picture of Hugo in his own TV ad. 



Actually, I think they're using "Raising Kaine" (Lowell - 9/21/2007 6:26:06 AM)
because a lot of people might think it's "Kaine" -- as in, Governor Tim Kaine -- who doesn't like Rex Simmons.  Or is that too clever for Tim Hugo?


After further consideration ... (Glant - 9/21/2007 10:01:37 PM)
I think a strong case could be made that the attribution in the ad to "RaisingKaine.com" is false and misleading.

By way of explanation, let's go back to the Washington Post example.  If Hugo were to cite to an article or a WaPo editorial, then citing to "the Washington Post" would be appropriate.  But the Diaries on Raising Kaine are more analagous to letters to the editor, where WaPo readers express their own opinions.  If a political ad uses a letter to the editor as its source it is not appropriate to cite to WaPo.  The ad should cite to the specific letter (letters to the editor are always signed), including the name of the author.

In terms of the Hugo ad, the citation to Raising Kaine indicates that the quotes come from Lowell, Rob or Brian.  Because the ad does not say that the quotes are from a posting on the cite, it is misleading.