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Brad Shannon maintains this blog. He is political editor at The Olympian and can be reached at 360-753-1688 or bshannon@theolympian.com.
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UPDATE on BIAW suit: Rossi could face questioning on Oct. 15
REVISED: Another legal action has been filed over allegations of campaign finance violations in the neck-and-neck Washington governor's race.
Two former Supreme Court justices who filed complaints earlier in the year against the Building Industry Association of Washington have now filed a suit in King County Superior Court against the BIAW. They also filed a notice to file a suit that also accuses Republican candidate Dino Rossi of coordinating illegally with BIAW to raise funds for independent expenditures that now are helping Rossi.
The citizen action suit would proceed if state Attorney General Rob McKenna, who has ties to fellow Republican Rossi, does not act. Click here for background and a description of the action on lawyer Knoll Lowney's Web site.
The BIAW has spent more than $2 million on the governor’s race including hard-hitting ads that raise questions about Gov. Chris Gregoire’s relationships with tribes and her veto of $3 million in foster-care funding.
The new accusations are made by ex-justices Faith Ireland and Robert Utter. They earlier filed a complaint with the state Public Disclosure Commission against the BIAW over its one-year delay in reporting $585,000 in insurance-rebate funds it put into a fund later transferred to its ChangePAC political committee. AG McKenna has already filed suit in that case, alleging wrongdoing by BIAW.
But the new action raises a more difficult problem for Rossi, if it is true. In effect it says Rossi illegally coordinated fund-raising with the BIAW and builder groups in 2007 at a time Rossi claimed he was not a candidate. The suit is based on calls Rossi made to the Master Builder Association of King & Snohomish Counties in April 2007, and the association’s own minutes describing the BIAW and fundraising show that Rossi called top MBA officials.
If Rossi were deemed to have violated campaign law, he could not benefit from the funds in question, according to Lowney, the attorney at the center of several legal actions against the BIAW, MBA and now Rossi.
Lowney failed to get a court order a week ago that would have kept BIAW from using its so-called "retro" insurance program profits in the governor's race.
Rossi has acknowledged making calls in April 2007 to the Master Builders Association of King & Snohomish Counties, but he said last week he was only trying to mediate a dispute between BIAW and the locals. "We never talked about money or anything like that; it wasn’t what the purpose was," Rossi told the Seattle P-I.
We'll all have to stay tuned.
UPDATE at 1:20 p.m. — Attorney Knoll Lowney says the King County court has agreed to allow depositions within 30 days in the case. This could lead to interviews under oath with Rossi before the Nov. 4 election.
He said in an e-mail that they expect to start deposing parties in the case, including Rossi, as soon as Wednesday, Oct. 15. Papers were to be served later today.
We asked Dino Rossi late this morning what he had said to the master builders, but he didn’t answer directly.
“The bottom line is, what Christine Gregoire and her friends are saying is untrue. Even if it were true, it would be perfectly fine to do as a private citizen. Believe it or not, not just reporters have First Amendment, free speech rights,” Rossi said. He spoke immediately after meeting with The Olympian’s editorial board.
Rossi has told others he was trying to smooth out a dispute between local builder groups.
The BIAW has replied with a news release and statement that Lowney is harassing the builders and pursuing a vendetta. It also accused Lowney and “other Gregoire supporters” of trying to “deprive BIAW of its First Amendment right to free speech and are dedicating untold resources to accomplish their goal.’’
Here is an excerpt:
“Lowney is a professional harasser,” said BIAW Public Relations Director Erin Shannon. “His full-time job is to throw anything and everything at BIAW in hopes that something will stick,” said Shannon. “Despite the tremendous effort behind his relentless attack on BIAW, Lowney’s only success thus far has been finding some possible paperwork-related violations of campaign reporting laws,” she said. “His biggest attacks have failed miserably, as this one will.”
Lowney called the accusations “typical antics” and said the attacks on him miss the point that two former Supreme Court justices filed the complaint and that both justices told him they’d pursue the case if it were a Democrat breaking the law.
Lowney also disputed the claim Gregoire or backers are paying for the legal actions. He said his firm takes most cases on a fee-recovery basis that allows payment from whatever financial awards they secure.
“The answer is that nobody pays our bills until and unless we win,” Lowney wrote. “Needless to say, we don’t take this kind of case on unless we are confident in its merits.”
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I-1000 gets airing at Sunday church forum
Here’s a reminder: Speakers on both sides of the assisted suicide debate are scheduled to appear Sunday at the First Christian Church’s weekly elections forum to talk about Initiative 1000.
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Here’s some belated FactCheck help with yesterday’s debate
If last night’s vice-presidential debate is still giving you headaches because of all of the distorted statements made, here’s some FactCheck.org to the rescue. Better than aspirin in some cases.
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UPDATED: AG sues state Republican Party over spending allegations in gov race
The state attorney general has filed civil charges against the Washington State Republican Party over its alleged, intentional violation of campaign finance law in the governor’s race.
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UPDATED: Rep. Smith: Bailout vote includes help for middle class
So the big financial rescue bill passed today in the House on a 263-171 vote. U.S. Rep. Adam Smith, D-Tacoma, was first out of the blocks among Sound Sound lawmakers with a statement about the $810 billion measure:
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Women for Obama holding debate watch tonight in Tumwater
The “Puget Sound Washington Women for Barack Obama” group plans six attend debate-watching parties tonight across the state, the Obama-Biden campaign says.
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Gregoire backs bailout package but Rossi silent; NW delegation split
Washington’s congressional delegation has split on the so-called Wall Street bailout package, but Gov. Chris Gregoire made clear in last night’s gubernatorial debate she supported the Senate’s approval of a more than $800 billion plan.
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Fraser, Hunt: Percival Landing more important than isthmus park
Two top local Democrats in the Legislature said today they think repairs to Olympia’s Percival Landing boardwalk are a higher priority for state money than purchase of land in Olympia’s isthmus for a park. But they both sounded open to the idea of a park.
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UPDATED: Gregoire says Rossi should remove misleading TV ad
Republican Dino Rossi's new television ad attacking Gov. Chris Gregoire's budgeting is less than accurate, and that appears to be angering the Democratic incumbent. Her campaign says Rossi should pull the 30-second spot from the airwaves.
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The exodus: Capitol press corps loses yet another
The “unthinkable has become reality” in the news business. It would be hard to say this better than Chris Mulick did today in announcing he is quitting the journalism profession:
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AG candidate Ladenburg still wants end to ad ‘loophole’
Attorney general candidate John Ladenburg still wants to close what he considers a loophole in ethics law that lets corporations buy public-service announcements that feature politicians during election season.
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WaMu loss: just another day at the investor's office?
Washington state’s pension-investment gurus say the failure of Washington Mutual bank is costing the government-employee pensions and investment funds about $47 million. They also say it’s not something to panic over, although the Seattle-based WaMu is the largest bank to fail in U.S. history.
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Governor's debate: Here's a guide to who reported what — and more
It doesn't sound like the governor's debate produced revelations last night, although Gov. Chris Gregoire did appear to support some kind of suspension of the state's fledgling paid-family leave program.
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Rossi stumping in Mason County
Dino Rossi brings his G.O.P. Party campaign for governor to Mason County on Friday. But he won’t pick up the endorsement of state Sen. Tim Sheldon, a Democrat who endorsed Rossi in 2004 but is staying neutral this time around.
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PDC finds Republican Party help for Rossi violated law
This just in from our colleague, Chris Mulick of the Tri-City Herald: The state Public Disclosure Commission has agreed on a 4-1 vote that the state Republican Party had multiple violations of campaign law when it sent three mailers to support G.O.P. gubernatorial candidate Dino Rossi.
