Formal Complaint Filed Against Harris Miller

By: Lowell
Published On: 4/6/2006 10:22:17 AM

For days, rumors and stories have been swirling about regarding possible violations of Virginia campaign laws by the Harris Miller campaign.  Specifically, the allegations were that Miller was behind a "mystery poll," ostensibly by Pew, that "asked detailed questions about James Webb and his positions on Affirmative Action to see how voters react[ed]." A few days later, Miller held a press conference in Richmond in which he "smile[d] behind African American legislators as they accuse[d] Mr. Webb of basically being a racist who doesn't care about poor African Americans."

Well, now we have a formal complaint, filed by a citizen who received the phony "Pew poll."  Her name is Theresa "Terry" Hartnett, and she's a long-time member of the Democratic Party.  Among other things, Hartnett has served as vice chair of the Braddock precinct for the Fairfax County Democratic Committee (FCDC).  Hartnett also was a delegate to the Democratic National Convention in 2004 and deputy campaign manager for the "Kerry-Edwards/Virginia Victory 04" coordinated campaign in Northern Virginia.  Finally, it is worth pointing out that Hartnett is a journalist, and when she received the "Pew" poll, she took notes as any good journalist would do.
In other words, Terry Hartnett is a loyal Democrat, a serious person, and an extremely credible source who is willing to go on the record.  Now, she has filed a formal complaint with the Virginia State Board of Elections (SBE).  The full letter is available here. The operative paragraphs are these:

Based on the content of that call and my reading of VA Code 24.2-1014.1, I believe the caller violated Virginia law and should be subject to penalty or misdemeanor as it applies.

[...]

All of these facts lead me to the disturbing conclusion that the Harris Miller Campaign conducted this poll, knowingly failed to provide identifying information as required under Code of Virginia 24.2-1014.1 section B and, in fact, willfully mislead me. Namely, the caller told me that 60 people had made approximately 300-400 calls, the poll was taken less than 180 days before the June 13 Primary, I remained on the call until its conclusion and I asked four times for the identification of the sponsor of this poll but was given no answer.

I hereby request that you formally open an investigation into this matter. I am available for further consultation.

I spoke with Terry Hartnett this morning, and she emphasized to me that she was doing this "with a heavy heart," but she felt she had to because "I love the Democratic Party" and "I think it hurts the Democratic Party if we do things like this. In addition, Hartnett added that "I think I have an obligation to report this."  And, Hartnett noted, "I've been involved in Democratic politics for 30 years and I've never seen a primary so nasty....to be charging someone with racism."


As far as Jim Webb is concerned, Hartnett said that she was supporting him because she's "read his books" and gotten to know a lot about him.  She "certainly does NOT believe he's against Affirmative Action."  Noting that she's "been an advocate for affordable housing" and that "there are people living in poverty throughout this state," Hartnett added that "Webb will do something about this...it's a core Democratic value."


A side point, but an important one:  Hartnett noted, matter-of-factly, that in all her years of involvement in FCDC, she had "never seen Harris Miller" - who claims to be a long-time Democratic activist - "at an FCDC meeting."  Hartnett also stated that she had never once seen Miller at the Kerry/Edwards campaign office, "and I was there every day from 9 AM until 10 or 11 at night."


Fascinating. 


Comments



Letter link not working (Rob - 4/6/2006 10:41:25 AM)


Love the new format! (JC - 4/6/2006 10:48:32 AM)
First off: wow!

What an amazing new format!

Second, great job on getting the details about this out!

Unfortunately, something seems to be wrong with your "feed" to Lefty-Blogs, so I'm going to link to you and help people find their way here. 

This is a really important post!



Thanks JC (Lowell - 4/6/2006 10:57:49 AM)
We're working on the lefty blogs issue...may take a few hours or even a day or two to work out.  Thanks for linking to this.


Stand Up (Alicia - 4/6/2006 10:58:02 AM)
What a stand up woman - backing a stand up candidate.

Harris is seeming to get more shifty.  Not what we need.



She appears to be asking... (William - 4/6/2006 11:04:57 AM)
...for an investigation into the 'caller'.
Can this broaden to charges against the poll sponsor?
Do you think the sponsor (whoever it is) can scapegoat the caller and get away clean?

What I don't know about election law could fill a library.  Actually, it probably does :)

Anyway - new format's great.
I was able to get in through the 'forgot my password' link, thanks for hooking me up -



Good questions... (Lowell - 4/6/2006 11:12:16 AM)
is there a lawyer in the house?  Brian?


Remove her phone number (Greg Bouchillon - 4/6/2006 11:24:36 AM)
Lowell, shouldn't you remove her phone number from the post?


Excellent point, Greg (Lowell - 4/6/2006 11:39:56 AM)
Done.


Agreed (Doug in Mount Vernon - 4/6/2006 12:18:36 PM)
That was my first thought as well when I saw that.  Good call.


Ahhh.... (doctormatt06 - 4/6/2006 11:56:35 AM)
THE NEW FORMAT IS GREAT!!!! *JUMPS UP AND DOWN*

AS FOR THIS...

It kind of makes me just sad, either way this is a loss for the Democrats, now we look like we can't be cohesive even in a primary, I'm not really sure what I think about it.

And in my opinon, after meeting Mr. Miller, he seems like a nice guy, and a good Democrat, Mr. Webb seems nice to and committed to his cause.

If we want to criticize them, why not criticize them on things that might matter, like how the appear.  I think that honest criticism could be that Mr. Miller comes off as too slick, and Mr. Webb comes off as too detached.  Although I've only seen them in person twice, so I guess that's not really saying much.  But why is our primary here becoming so NEGATIVE? 

Ughh...



The reasons this MUST be done (DanG - 4/6/2006 12:15:44 PM)
Democrats claim to be running an election this year to fight against "politics as usual" and to clean up Washington.  How can we support a guy who goes negative and illegal in MARCH.  That's just ridiculous!


Hell yeah Dan! (JC - 4/6/2006 12:17:24 PM)
BOO-YA!!!

Can I get a BOO-YA!!!?



BOO-YA!!!! (DanG - 4/26/2006 2:21:48 PM)


Why is it negative? (Doug in Mount Vernon - 4/6/2006 12:20:08 PM)
Good question doctormatt.

The answer?  M-I-L-L-E-R!!



In my humble opinion... (Lowell - 4/6/2006 12:21:02 PM)
it's not "negative" to point out someone's positions on the issues.  For instance, Miller favors the Bush tax cuts, the war in Iraq, outsourcing jobs, the PATRIOT Act, and apparently the heinous Virginia "marriage amendment."  He opposes national health care, and accuses Democrats of "not treating criminals like criminals."

Also, I'd say that Miller's past donations to right-wing Republicans, and his strong statements in support of those right-wingers (Hastert, Abraham, etc.), are definitely fair game, if for no other reason than they point out a HUGE degree of hypocrisy with this "loyal Democrat."

Finally, I believe that a story like this, where a citizen has filed a formal complaint with the Virginia State Board of Elections against the Miller campaign for a fake "Pew poll," is HIGHLY relevant to the candidate's fitness for higher office.  Just because Miller was a long-time lobbyist doesn't necessarily make him ethically challenged, but if he was behind this poll - and he has not denied it - then I'd say he's got serious ethical "issues."



Hmm... (doctormatt06 - 4/6/2006 12:47:00 PM)
Ok...Can I just say then...

When he said at the FCDC meeting, that we should pull out of Iraq..that makes him a supporter of the War on Iraq,

And when he said he's going to vote against the Marriage Amendment, that makes him  supportive of it?

You maybe right on the other things, I haven't heard him talk about that, but I remember those too being clearly answered by him at the FCDC meeting in those terms.

As for the last thing, you're right if he did support it, then he deserves to be challenged on it, and he's being negative.  But at the moment, I'm going to wait til I ask him about it in person, and if he seems to circumvent the question, then I'll give credence to your argument.

Until then...
Enough attack jobs, Webb is a good candidate, you shouldn't have to keep going on the defensive, just keep showing his good traits. 

ON a totally different topic, are you doing anything on Andy Hurst and Ken Longmeyer?  I'd like to see some articles on those guys coming soon,

DOWN WITH DAVIS!!!



Hmm... (doctormatt06 - 4/6/2006 12:47:00 PM)
Ok...Can I just say then...

When he said at the FCDC meeting, that we should pull out of Iraq..that makes him a supporter of the War on Iraq,

And when he said he's going to vote against the Marriage Amendment, that makes him  supportive of it?

You maybe right on the other things, I haven't heard him talk about that, but I remember those too being clearly answered by him at the FCDC meeting in those terms.

As for the last thing, you're right if he did support it, then he deserves to be challenged on it, and he's being negative.  But at the moment, I'm going to wait til I ask him about it in person, and if he seems to circumvent the question, then I'll give credence to your argument.

Until then...
Enough attack jobs, Webb is a good candidate, you shouldn't have to keep going on the defensive, just keep showing his good traits. 

ON a totally different topic, are you doing anything on Andy Hurst and Ken Longmeyer?  I'd like to see some articles on those guys coming soon,

DOWN WITH DAVIS!!!



d'oh... (doctormatt06 - 4/6/2006 12:47:32 PM)
Sorry with the duplication


On Miller... (Lowell - 4/6/2006 1:09:20 PM)
he supported the INVASION of Iraq.  Now, he supports pulling out of there, although it's unclear how.  Webb strongly opposed the invasion of Iraq back in 2002.

On the Marriage Amendment, Miller has implied that he's supportive, but it's hard to know for sure.  Webb has said point blank that he opposes it.  Period.

On Hurst and Longmyer, we've done extensive interviews with them here and here.

I hope that helps.



Don't forget Civil Unions (Doug in Mount Vernon - 4/6/2006 1:16:03 PM)
Webb has strongly and consistently supported the creation of civil unions legislation (including, I believe, at the federal level).  It's not full equality, but it's a great start.

Miller, when I personally posed the question to him at the FCDC meeting, "Do you support the creation of civil unions, particularly at the federal level?", in late February he did not answer it. In fairness it was a two-parter, the first part which he answered, but the second part he did not.

That is important, because without the creation of civil unions at BOTH the state and federal level, the benefits and rights that go along with that level of government are not possible.  That's why it would be more simple and effective to just equalize marriage, but even the creation of civil unions would be progress.



Did you read Jay Fisette's endorsement? (Lowell - 4/6/2006 1:26:38 PM)
And also what he said last night about Webb at the Arlington Democrats meeting?  That was a STRONG endorsement by a leading gay Democrat of Jim Webb, no question about it. 


Fair & Negative....NOT (Doug in Mount Vernon - 4/6/2006 1:10:54 PM)
I agree with Lowell that some "negative" campaigning is legitimate if it is fair, relevant, and issue-based.  However, that is NOT the kind of negative we're seeing here.


Are you really a doctor, cause I got this little bump on my... (Greg Bouchillon - 4/6/2006 1:06:17 PM)
Actually, I'm really wondering where the idea that cohesion wins an election. Revolutions are started because of differences, and if the 600 lb donkey in the room is forcing everyone into cohesion, we're not going to make any headway. The current Democratic strategy isn't working, and maybe a little disagreement/argument/infighting is what we need.

Just like subscribing 100% to a candidate because they're Democrat is a pretty lame civic duty policy, so is conforming to the largest organization just because they're the biggest. I'm bigger than Josh and Lowell, but it doesn't mean I get to decide where we go to dinner.

I wonder if everyone could take a minute and play through in their minds the possibilities that could come from argument/disagreement/criticism within our party. We've been taught to believe (by the 600 lb donkey) that any disgreement will cause us to fail.

Divided we stand, united we fall, united under the wrong ideas without questioning, and we're Republicans.

Now, about that little bump on my...



Haha...I'm not a doctor... (doctormatt06 - 4/6/2006 1:32:00 PM)
Former Pre-Med student...

Well...cohesion tends to help in the long term, I guess for elections you just need a late burst of cohesion so in reality, right now if there's a split it doesn't matter as long as its gone by election time.  And there's a difference between disagreeing on something, and just plain being nasty.  I'd just like to see more peices on both candidates on issue weaknesses...the criticism I find works the best for telling me which candidate to choose isn't that they did something bad in the past, its more that they're wrong on the issues. 

I just feel like a lot of people here think Miller is a pseudo-Democrat and are Webb supporters anyways, so that its easy to bash him.  I don't really have a horse in the race, so I just want a clean fight.  I guess that's how it goes.

As for the bump...I suggest thoroughly expensive invasive surgery with a multi-drug anti-viral recovery prescription to keep you from infection....

Now send me my bill and call me when you're able to turn your telephone service back on after getting out of debt from paying me.  =OP



Ummm . . . because of Harris Miller, that's why. (JC - 4/6/2006 12:10:41 PM)
Harris Miller has relied exclusively on negative attacks.  He's working his way down a list of Democratic interest groups and trying to discredit Webb in the eyes of each.

We haven't even begun to explore the depths of Mr. Miller's record, but we are starting to.

Harris Miller is not a "good" Democrat!



Thank You Ms. Hartnett (Doug in Mount Vernon - 4/6/2006 12:30:53 PM)
I just want to thank Ms. Hartnett for caring enough about the Democratic Party to stand up against this kind of behavior.  Knowing how the FCDC network operates, she was most likely putting herself in a position where she will catch some flack for this.  But it was absolutely the right principled thing to do, and I commend her for her integrity and virtue in standing for the right kind of Democratic Party politics.

As I've said before, Harris Miller was a teensie iota away from capturing my vote after his performance at the FCDC back in early February.  However, later that month at the Loudoun meeting, I started to see Slick Harry emerge, and although since then I've definitely been leaning to Webb, the latest round of stunts has pushed me not only solidly into the Webb column, but driven me to give him money, and get involved.

I cannot stand negative, nasty, ugly, etc. campaigning (let alone illegal activity!).  There is no way in hell that I would be rewarding Harris Miller with my vote in the primary, after what his campaign has done.

I agree with Loudoun County Dem.  I know some really great people (like Andy Resnick) working for him.  I don't know how they can stomach it.  I don't hold anything against them, the tone of a campaign and the responsibility for that always comes down to the candidate's wishes.

For the record, I know that negative nastiness sometimes wins in the general election, but I don't think it's going to work on more astute and involved Democratic voters (i.e. the base).  Voters like Ms. Hartnett, for instance.



Flack My Ass (Greg Bouchillon - 4/6/2006 1:01:14 PM)
The first person that tries to attack her for this will face a lot of wrath. It's one thing to have our Miller/Webb war, it's another to attack a good citizen (Democrat/Republican) for reporting an illegal activity.

I think there is probably a large enough army to stand behind her for the right reasons that it would be suicide to attack her.



Maybe (Doug in Mount Vernon - 4/6/2006 1:10:06 PM)
I hope your right.  However, knowing many people in the FCDC leadership, and knowing how tight a few of them are with Harris, I do think that she might get some flack.

At any rate, I think Democrats are completely capable of having an in-house struggle like this, and emerging after it's all over 100% unified and ready to do battle in the general.  That's an important notion.



Perhaps voters have had enough (Loudoun County Dem - 4/6/2006 1:01:58 PM)
Hopefully, the way Kilgore's numbers tanked after he went negative against Governor Kaine is a harbinger for a new era where voters won't reward bottom feeders (a fellow can dream).

Most of the Dems I've talked to have been very turned off by Miller's campaign tactics, it has generated several volunteers for the Webb camp.



Mark Warner, My ASS! (Josh - 4/6/2006 1:22:55 PM)
Mark Warner would never have hidden behind other people to level attacks like Harris Miller.

If he had something to say, he'd say it.

What a friggin' wimp!



Mental Image (Greg Bouchillon - 4/6/2006 1:26:18 PM)
of Josh standing there, shaking his fist at some random pigeon on the street, mubling to himself, getting strange looks from people.


Mark Warner - Josh's Ass (Greg Bouchillon - 4/6/2006 1:27:57 PM)
Warner raised some serious funds for Miller. I don't think I've seen anything where he has shown up for Webb. Has Warner made an endorsement (I know the Warner fundraiser was booked before Webb joined).

Is Mark Warner going to hold tight until after the primary and throw his weight around then?



Miller is a political "operator"; this isn't really shocking... (Info_Tech_Guy - 4/6/2006 2:43:28 PM)
I posted this over at JC's blog earlier; he pointed me to you all...

Keep in mind that this sort of push-pull poll isn't that far removed from the false "studies" that Miller was forever shoveling from his leadership position at the pro-outsourcing ITAA lobby.

Among those of us who have watched Miller's pro-outosurcing follies for years, he has long proven himself an expert at manipulating opinion. His group [ITAA] or other corporate funded "think tanks" were always coming up with "studies" showing terrible high tech labor shortages in the U.S. which would "endanger American business competitiveness" and the "high tech economy" UNLESS large numbers of ADDITIONAL foreign guest workers were allowed into the U.S. IMMEDIATELY.

These "studies" were frequently released just before critical debate and votes on raising the NIV caps. And almost always, Miller was successful in pushing through bills that hurt more American tech [IT]workers.

It never made any real difference that opponents could find plenty of real stories of people actually replaced by guest workers and unable to find employment in IT because of outsourcing and the widespread use of imported foreign low wage workers -- NIVs. Harris Miller knows very well how to manipulate the press and the politicians.

Those of us following such things consider Miller a master of the lie. He has an incredible aptitude for media manipulation.

And, of course, Millers undergrad and graduate degrees are in the art of politics -- political science.

Harris Miller is not a political novice. He has spent decades studying politics and playing politics. He knows damn well what he's doing and he's good at it...



Year of the Outsider??? (Teddy - 4/6/2006 9:54:30 PM)
Mr. Miller has one outstanding defect that sums it all up: he's a known, proficient lobbyist, heavily involved in exactly what's wrong in Washington. He's been extremely successful at what he does, but basically he's part of the problem. After sucking up to the Republican leadership on the Hill, he now wants to join his erstwhile buddies there. It's politics as usual, same ol'-same ol'. He is an Insider, talks in slick bumper sticker, button-pushing sound bites, and his character/personality is a mile wide and an inch deep.

Mr. Webb is an Outsider, obviously not a polished politician, sometimes seeming a little rough around the edges to the jaded eyes of Beltway-dwellers... but exactly what non-Beltway folks understand and appreciate. Sometimes he doesn't yet know how to give the quick sound bite answer. I hope he never becomes that polished a performer. His style is to give a thoughtful, reasonable, well, ADULT consideration to a question or a problem. Webb is the genuine article, and voters will recognize and resonate to this in what is fast becoming the Year of the Outsider.