Article by Erik Smith. Published on Friday, January 07, 2011 EST.

May Force Senate Leaders, at Last, to Express Public Thoughts on Left-Wing Tactic That Doomed One of Their Own

State Sen. Jim Kastama, D-Puyallup.

By Erik Smith

Staff writer/ Washington State Wire

OLYMPIA, Jan. 7.—We might have expected it from a Republican, but get this – it’s a Democrat who will lead the charge against Sen.-elect Nick Harper on the first day of the 2011 legislative session. And that means we’re going to see fire from the start, and maybe even a bit of Democrat-on-Democrat violence.

            State Sen. Jim Kastama, D-Puyallup, will introduce a resolution when the 2011 Legislature meets on Monday that would challenge Harper’s seating. Harper was elected last fall after one of the smelliest elections in state history. Some of the state’s biggest left-wing political players created a phony campaign that faked out Everett voters, helped knock out a longtime Democratic member, and landed a campaign consulting firm in court.

            By introducing a resolution that would prevent Harper from being seated, Kastama is putting Democratic Senate leaders in an embarrassing position. Senate Democratic Leader Lisa Brown, D-Spokane, has said that Harper ought to be seated, because there is no evidence he had anything to do with it. Kastama is assured of support from Republicans, and there may be as many as five Democratic members who would vote with Kastama at least to debate the proposal on the floor.

            Whether they would actually vote to block Harper is another matter. But open debate is embarrassing enough. The trouble with a floor fight is that it might force the Democratic leadership to say something, in public, on the Senate floor, in front of the TV cameras, about the big political players who were behind the whole mess. Normally those groups the Democrats’ best friends – the state Labor Council, the Washington Federation of State Employees and the Washington State Association for Justice, a trial-lawyer group.

            They’ve been peeved lately at the Dems for failing to vote their way, and last year they decided to teach ’em a lesson. The member they knocked out was a Democrat – longtime member Jean Berkey of Everett. But until this point there’s been a rather curious silence from Democratic Senate leaders about what those powerful organizations did to one of their own.

            Kastama Says Tactics Stink

            Kastama, one of the more moderate Democratic members of the Senate, isn’t quite so reluctant to point the finger at those special interest groups. He joined a loose-knit faction in the state Legislature last year that called itself the “Roadkill caucus.” Berkey was part of it, too. So were 25 others. That group for the first time presented an organized opposition to the “progressive” elements in the Legislature, and that made them targets of the left in the last election.

            “This is not a rebuke of Sen.-elect Harper,” Kastama said. “This is about the integrity of the election.”

            What Kastama finds stinky is a tactic the left groups employed in the primary. They spent nearly $300,000 on an independent campaign last summer that aimed to boost Harper, a political unknown, and denounce Berkey as an outrageously conservative member who voted consistently for big business and against working people. They basically hammered her for supporting bills that had been put forward by the Democratic leadership.

            A Secret Campaign

That might be considered a matter of fair comment. But while they were doing it, they also secretly agreed to finance a phony campaign that aimed to boost a hopeless conservative candidate with Republican voters. Their consulting firm, Moxie Media, put together a campaign for Rod Rieger, a candidate who filed for office but didn’t campaign, didn’t raise money, and didn’t even want the Republican-party label – it wasn’t conservative enough for his tastes.

            By sending phony mailers to Republican homes and making thousands of “robo-calls” at the last minute, the left-wing groups built enough support for Rieger that they managed to push Berkey out in the primary. Rieger and Harper advanced to the general election, where Harper handily defeated Rieger, as planned.

            The left-wing groups’ identities were concealed behind multiple political action committees with vague names designed to hide their identities and ideologies – and ultimately they never paid, creating campaign-finance-reporting violations that are being prosecuted by attorney general Rob McKenna. One possible outcome – the election could be overturned.

            A Matter of Conscience

            “I cannot in good conscience vote to seat a senator whose election was altered by an illegal action,” Kastama said. “The documents I have seen, including signed affifavits, show no doubt that Moxie Media’s actions were illegal and that they were responsible for changing the outcome of the election. These actions shifted a sure primary election victory from Sen. Jean Berkey to a razor-thin victory for Rod Rieger, a candidate who support and campaign efforts were largely nonexistent.”

            Kastama said he will introduce his resolution Monday just before the Senate’s new members are sworn in. The members of the Senate have the right to reject seating of new members, though the tactic is rarely employed.

            Kastama said, “I can’t look the other way when it is clear to me that Moxie Media’s actions affected the election’s outcome. I stand with the millions of Washingtonians and Americans who seek fair and transparent elections. The egregious tactics used in this campaign must not be rewarded. Out of respect for the institution and our duty as public servants, I urge my colleagues to join me in voting to not seat Sen.-elect Harper.”

            A Great Big Can of Worms

            You can bet Kastama’s resolution will be strongly opposed by Senate leaders. Majority Leader Lisa Brown already is on record as saying that Harper should be seated while the court case proceeeds. She rejected a deal Republicans offered last November, when they said they would break ties in the Democrats favor if they’d just hold off on Harper.

            And Harper has been attending meetings of the Senate Democratic caucus, just like any other newly elected member.

            Democrats hold the majority in the Senate, but not by a huge margin, 26 to 22, if Harper isn’t counted. That may be enough to ensure that Harper is seated.

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