Swiftboating is like a virus — it keeps spreading

June 30, 2006

This is more of a local story involving the [tag]Senate[/tag] race in [tag]New Jersey[/tag], but it also speaks to how [tag]Republicans[/tag] in general choose to seek power in the 21st century.

The Republican candidate for the United States Senate in New Jersey, Thomas H. [tag]Kean[/tag] Jr., intends to make a campaign film that accuses his Democratic opponent, Robert [tag]Menendez[/tag], of “being wrapped up in the rackets for 30 years” despite public records and statements by former federal prosecutors that [tag]contradict[/tag] Mr. Kean’s most serious charges.

Mr. Kean’s chief campaign consultant, Matt [tag]Leonardo[/tag], a strategist for Republican candidates, disclosed the plans in an interview and said the film would be “very similar” in purpose to the commercials used to attack the military record of John Kerry during the 2004 presidential race.

It’s a simple plan: Menendez is ahead in the race and relatively well-liked in this traditionally “blue” state, so Kean wants to smear him with “a long-form film” that will make Menendez appear corrupt. The Kean campaign saw the Swiftboat hacks pull it off, so they’ve decided to do the exact same thing.

Of course, there’s literally no truth to Kean’s claims. Menendez took the lead in thwarting a racketeering scheme involving his own political associates, and his version of events has been supported by the public record and corroborated by independent authorities. But it doesn’t matter — Kean wants to win, so he’s prepared to lie.

Mr. Kean’s charges are not, however, supported by the public record and were repudiated by independent authorities including the four assistant United States attorneys who prosecuted Union City officials of that era for racketeering and corruption. There is no truth, those former officials say, to the Kean campaign’s charge that Mr. Menendez made a deal to keep himself out of prison.

Best of all is the Kean campaign’s justification for the dishonesty.

Kean’s chief campaign consultant said evidence documented in public records and corroborated by independent authorities are merely a “set of views” — and the Republican’s campaign would like to help disseminate a competing set of views.

This is a fascinating way of looking at reality. Facts, backed up by independent evidence, should be weighed equally against politically-motivated attacks backed up by nothing.

The public, over the years, has grown accustomed to thinking that the truth of a political debate is “somewhere in the middle.” The left makes a claim, the right makes a claim, and the answer to the question is, as far as a lot of voters go, “somewhere in the middle.” Knowing that so many people think this way makes it easier for Republicans to conduct these kinds of smears.

The left says Kerry is a decorated war hero; the right says he lied about his service. If the truth is “somewhere in the middle,” Kerry is viewed as being at least partially dishonest, even if he’s telling the truth. The left says Max Cleland is serving honorably and is strong on national security; the right says he’s pro-terrorism. “Somehwhere in the middle” leaves Georgians with the impression that Cleland isn’t to be trusted.

In New Jersey, the left says Menendez helped expose corruption and bring those responsible to justice; the right says Menendez is crooked. If the truth is “somewhere in the middle,” voters are expected to believe Menendez may not have done everything the GOP claims, but he must have done something wrong.

Stephen Colbert joked recently that “reality has a well-known liberal bias.” If only so many Republicans didn’t take the notion so seriously.

It’s time for Bob Menendez to push back. Jim Webb in Virginia knows how to push back.

  • In New Jersey, the left says Menendez helped expose corruption and bring those responsible to justice; the right says Menendez is crooked. If the truth is “somewhere in the middle,” voters are expected to believe Menendez may not have done everything the GOP claims, but he must have done something wrong.

    Okay, so the left should say that Kean is a child molesting adulterer. The right will say he is a loving husband and good father. “If the truth is ‘somewhere in the middle,’ voters are expected ” to then believe that he may not be an child molester but he is an adulterer? Okay, something tells me that this formula isn’t quite as simplistic as portrayed. Doesn’t the SCLM also play a big part in shaping the public’s views with their “he said, she said” style of “reporting”?

    I hope the Menendez team is paying attention to the VA senate race and Webb’s response to Allen’s mendacity. Menendez needs to get out in front of Kean’s lies and a) tell the truth, b) get those federal prosecutors on the talk shows and morning news segments telling the truth, and c) call BS on Kean’s lies in no uncertain terms. The only way to prevent the voter drift to the middle is to point out that his position has no credibility thus, there is no middle ground. There’s the truth and that’s that.

  • I think Menendez should make a commercial with the federal prosecutors that calls attention to Kean’s lies and says that New Jerseyites won’t settle for anything less than a real discussion of the issues–that smears and lies won’t work this time. That will nip this crap in the bud. A fed who was/is a Republican would be best and devastating. They need to strike back hard sayiing “enough is enough” with Republican liars, that it won’t work THIS TIME in New Jersey. It’s also important to use the words “lie” and “liars” not “untruth” which has always rankled me. An “untruth” is a soft, tentative way to say “lie” and it sounds like there is some truth in there somewhere. Call these people what they are and be relentless.

  • Menendez should point out that the Kean campaign–like other Republican campaigns–now believes that outright lying is an acceptable political tactic. False charges of corruption and lying by Kean and his surrogates only serves to soil his father’s good name.

  • I still haven’t figured out how libel laws aren’t used more often to go after campaign ads that knowingly put forth falsehoods.

    All of the defenses that apply in libel cases in the U.S. (found over at Wikipedia here) would be easily shot down in cases like this.

    So why don’t more people go after these attack ads and stop them once and for all in a court of law? Is there some special exemption for campaign ads?

    Seriously … anyone who knows more about law than me (not too hard to do) care to chime in?

  • Finding a cure for the virus is criticial!

    I like the metaphor as it implies a disease model of containment.
    National Center for Disease Control sends a response team on site with experts to apply national resources.
    I can see the Dems with a Swiftboat response team to be dispached to attack sites with Jim Webb as an advisor, and a war chest for counter attack salvos. We need nimble and savy media campaign that has the punch to bloody the nose of the attacker.

    In boxing, when you throw a jab, you are open for a counter-punch.
    These Republican lies are opportunities to show the voters the real character of the opposition.

  • Kali,

    I can see the Dems with a Swiftboat response team to be dispached to attack sites with Jim Webb as an advisor, and a war chest for counter attack salvos. We need nimble and savy media campaign that has the punch to bloody the nose of the attacker.

    Great idea given the fact that the MSM (SCLM) won’t do it even though its ostensibly their job. The only downside I can see to such a strike team approach is that Rove would undoubtably quintiple such baseless attacks to make the Dems burn more money on the counter attacks. Given my comment about the Media, I’m not sure how we would neutralize that strategy. thoughts?

  • Edo- Forcing the repubs to crawl deeper in the gutter neutralizes their game which works on surprise, and exploiting the gullible open minded fairness of Americans to see both sides. If it becomes a frequent and predictable canned knee jerk smear, then swiftboating becomes ineffective by overuse and explodes like an inert chemical weapons shell in the face of the attacker.

    I say to the Dems, learn the martial art of skillful political self-defense and earn the swagger of a black belt. Demonstrating competence in skillfully striking down slimers is an excellent qualification that I want to see in my elected representatives. Democratic candidates should have a self-defense bootcamp and seek advanced training from those masters who can flip turds back without getting dirty.

  • What kind of Republican is Kean when he isn’t campaigning? (I’m not exactly thrilled with the campaigning of the Democrats in their primary for California governor.) The father had some integrity.

  • I agree with the comments above about libel law, but I suspect that the Sullivan decision makes it extremely difficult for public figures (and someone running for office is by definition a public figure) to win a libel case. Moreover, I suspect that courts are generally unwilling to grant an injuction to prevent the airing of potentially libelous materials, since those are clearly a form of political speech (in the courts view) and the “no prior restraint” aspect of strict scrutiny would apply.

    That said, I believe that defamatory poltical advertising should be a tort, that such advertising should be restrained until proven otherwise, and that the burden of proof should be placed on the publisher, rather than the subject of the (allegedly) defamatory speech. Needless to say, that ‘s not how things work right now, but were the Democrats to win back Congress, it would be a great subject for legislation.

  • So when did htat Kean guy stop beating his wife, or did he ever stop?

    Every Dem candidate should enter each race and say loudly that great untruths will be told about them because the opposing candidate is a Republican. Expect lies, expact trash: it’s who the right is and it’s what they do. Swiftboating can only work if there is a shred of hope that the charges may be true. Eviscerate that attackers ahead of time. Point out their lying habits and their scatalogical ways.

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