|
|

|
The
Most Corrupt Election
By
Scott
H Greenfield *
In
the aftermath of an election that has certainly taken its toll on
logic, rhetoric and American tolerance, Jim Lindgrin at Volokh
Conspiracy argues that this election was the most corrupt in his
lifetime. He's been around a while, so that's saying something. After
noting that the Democrats are likely to make some changes in our
institutions, he notes:
What we are unlikely to see over the next four years is
progress on serious defects [citing to a New York Post article] in the
press and the electoral process that this election revealed.
|
It
is ironic that in 2008 we probably have two of the most honest and
decent men running for president that we have had in a long time, and
yet this has easily been the most corrupt election in my lifetime.
Essentially, Jim's focus is on two aspects that have
received much Republican attention, the ACORN voter registration
scandal and the collection of illegal campaign contributions. The
third problem raised is the complaint that the mainstream media is
controlled by liberals.
Last, the press’s performance in 2008 has been
appalling. Unfortunately, we have a mediated democracy, mediated by
the press. Until the newsrooms are integrated politically, it is
difficult for citizens to get the information they need to make
informed decisions.
At the moment, this all smacks of sour grapes. It
smells of a conservative effort at payback for the fiasco following
the 2000 election, where hanging chads and a Supreme Court decision
put the legitimacy of George W. Bush's presidency in question. So the
effort this time around is to do the same to Barack Obama, though it's
got little traction since there is no doubt as to the legitimacy of
his victory. Indeed, the new argument by Orin Kerr is whether his 7
percent margin constitutes a "mandate".
It's impossible to quantify corruption, particularly
when it's entirely theoretical, so that a claim that this is the most
corrupt election makes sense. Many of Lindgrin's fellow conspirators
have already doubted his assessment. The unfortunate truth is that
there have always been claims of corruption during presidential
campaigns, making it as American as apple pie. Still! , it isn't a
good thing, so Lindgrin's point, that these are matters to be
addressed and "fixed" in the interim, remains valid, even if
this election wasn't as corrupt as others.
Not that the next President won't have plenty on his
hands when he takes office, but the federal government has plenty of
arms and legs to handle other matters as the President spends his time
thinking hard about the biggest issues. As holes reveal themselves,
there's no reason why others in lesser agencies in Washington can't
spend some time filling them. The next four years will be a
particularly good time to do so, since the validity of the election of
Barack Obama will never be seriously questioned by any beyond the
hardcore lunatic fringe.
But there's one aspect of "corruption" noted
by Lindgrin that will never be subject to a "fix". The
media, for which Lindgrin cites to a New York Post article to prove
that it was really bad. Now Lindgrin teaches at Nort! hwestern, so he
might not be aware of this, but the New York Post is n ot exactly a
respected source of news in New York. It's a kooky, funny, hard
right-wing tabloid. Fun to read on the train ride home, but not to be
taken seriously.
America has developed a two-path media, the mainstream
media which is derided as the eastern liberal elite because they are
weighed down by thought and research, and Fox News, which is fair and
balanced as long as you believe in political alien abductions. On the
night of the election, Sean Hannity spewed some of his harshest
vitriol at the next President of the United States. He has a right to
do so. He has no right to demand that the rest of the media adopt his
bile.
The fact that the mainstream media has heard and seen
what Lindgrin hears and sees doesn't require it to become their focus.
Perhaps the best answer is that any bias, and I have no doubt that
there is bias whenever someone has to pick between reporting about
competing views of reality, is one that th! e media comes by honestly.
They hear the claims and arguments, and make their decision on what
and how to report.
Lindgrin sees this as a defect in the press, because
there aren't enough of his kind in the newsroom. Neither side has the
right, or the ability, to ram their positions down the media's throat,
forcing them to report news to favor their views. To the extent that
the mainstream media doesn't reflect right wing views is the natural
by-product of their experience.
Even if a new gang in Washington fixes the problems
that arose this time around, like voter registration fraud or campaign
contribution tracking, not to mention the wealth of more localized
issues like telling blacks the wrong day to vote or Hispanics that
they will be arrested if they show up at the polls, there will be new
problems four years from now. The stakes are too high for some to
allow democracy to proceed without a little help, and they will find
way! s, whether old or new, to try to game the system. It's the Ameri
can way.
There is, however, one issue that everyone should agree
is unacceptable, though I assume that even this would raise dispute.
Every vote should be counted. It is intolerable that new-fangled
voting machines have problems tabulating votes. It is intolerable that
states are rewriting laws to prevent lawful voters from casting their
ballots. It is intolerable that ballots are constructed in a manner
that confuses any voter.
When we engage in the next campaign for the presidency,
there will be someone playing "dirty tricks" somewhere, and
there will be others screaming fraud and corruption. But in the end,
this is what democracy produces, no more or less "corrupt"
than demanding that voters have a clue why they vote the way they do.
If we can at least assure every voter the right to cast a ballot,
though, we've accomplished something.
For
almost 25 years, Scott H. Greenfield has represented clients charged with
crimes or the targets of investigations in state and federal courts across the
United States. Scott has been awarded an AV rating, the highest possible, from
Martindale Hubbell, and is recognized in “Who’s Who” in the world,
America and American Law. He has served as a legal expert and analyst for
television news shows from “60 Minutes” to “20/20”, and ABC, NBC, CBS,
BBC, Court TV and Fox.
Scott’s cases have been the subject of a
book, magazine articles and television shows. Scott is regarded as one of a
handful of top criminal defense lawyers who excels in both trial work and
appeals. His written work is considered some of the best in the nation, often
writing Op-Eds, Amicus briefs and Editor Letters for Bar Associations and
other well known lawyers. Scott is a lawyer’s lawyer, representing other
attorneys, their family members and even judges when they find themselves in a
jam. More info: www.simplejustice.us
. This article is reprinted with permission.
|