**UPDATE** Phony Endorsements and Last Minute Shenanigans

Filed in Delaware by on September 8, 2010

It seems that Velda Jones-Potter couldn’t leave well enough alone. After spending a week being pilloried over her “consulting” contract with the City of Wilmington, a contract that was indirectly voted on by her husband, her campaign has now sent out a mailer listing her endorsements and including pictures of Governor Jack Markell.

Problem is, a couple of the people listed as endorsing her didn’t do it. In fact, they are pretty upset. Rep Daryl Scott and Sussex County Register of Wills Greg Fuller have not endorsed Velda and did not give her or her campaign permission to use their names. In addition, the Governor has not endorsed Velda and did not give her or her campaign permission to use his photo in any of her mailings or on her website.

So what’s up Velda? Was this a mistake or are you deliberately trying to mislead the voters? Will you take the blame for this or will you blame it on someone else? Time to fess up, Velda.

**UPDATE**

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A rabble-rousing bureaucrat living in Sussex County

Comments (66)

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  1. Do you have a picture of the mailer? I’ll look through my mail to see if I have it.

  2. mediawatch says:

    And the best she could do for her bogus “endorsement” from the governor was a quote from when he appointed her in January 2009. Guess she couldn’t find anything good he’s had to say about her since then.

  3. MJ says:

    UI – I don’t have a scanner.

  4. anon2 says:

    Send me an email address and I’ll ship it to you.

  5. Yogie says:

    Pathetic! She seems to screw up at any chance she gets, so why should we vote for her? We shouldn’t!

  6. Fedora says:

    She could put Jesus of Nazareth on it and I wouldn’t vote for her!

  7. mediawatch says:

    Did you catch her “explanation” — more accurately her spokesman’s non-explanation — in today’s NJ for her about-face on the Wilmington contract?
    Truly amazing — she works to empower women, but she can’t empower herself to debate or to speak to a reporter who might have a tough question or two.

  8. Anon says:

    I’m truly amazed at the level of ignorance by those who comment on these posts concerning the Treasurer’s race… Every thread gets hijacked by Flowers supporters. Geezer has pointed this out repeatedly…

    I have one question for you, MJ… Does she really need the Governor to ‘publicly’ endorse her? He is the one who appointed her you nit wit, so she wouldn’t even be Treasurer if he hadn’t appointed her to the position. How much more of an endorsement can you get?!?

    HE picked VELDA!? How’s that for an endorsement idiot!

  9. MJ says:

    Anon – if you knew anything about politics, you’d know that you don’t use anyone’s name or likeness on your campaign material without their permission.

    And if you did some research (Google is a good start) you’d discover that when she was appointed, she explicitly said she was NOT going to run for a full term in 2010. So, now who’s the nit wit, asshat?

  10. Yogie says:

    She’s making the whole party look silly.

  11. Anon says:

    Ok – so maybe her team made a mistake. I’m sure she will correct it. Maybe sometime you can tell me what it feels like to go through life being perfect and mistake free.

    Funny, though, that you’re not talking about the dozens of other legislators/party leaders/the lt gov/others who were also included on that piece. You’ll tow the Flowers line and say endorsements don’t matter, all the while still sending out releases on the endorsements he has gotten. Hypocritical? I’m sure you don’t agree…

    And MJ, here’s a news flash in case you missed it – SHE’S RUNNING… Get over it…WTF

  12. Yogie says:

    SHE’S RUNNING….and SHE’S LOSING!….Get over it

  13. MJ says:

    Anon – I don’t have anything to get over. And next time you write about hijacking a thread, take a look in the mirror, bozo.

    While you’re at it, please show us where anyone on here has claimed to be perfect. But we are a number of rungs up the ladder from you.

  14. Geezer says:

    Those endorsements are months old. How many of those politicians would endorse her today?

  15. Geezer says:

    MJ: I believe anon was referring to yet another new moniker, “Fedora.” This strategy actually undermines what the Flowers supporters are aiming for, which is to make it look as if lots and lots of people back their candidate. Instead it highlights the fact that only a handful do, and they’re so desperate for it to appear otherwise that they resort to high school election tactics.

  16. To Get My Vote says:

    Why is the assumption that Fedora is a Flowers supporter? He/she makes no mention of Flowers at all.

    At any rate, this whole thing stinks. I can’t wait for this primary to be OVER!!!

  17. Geezer says:

    “Why is the assumption that Fedora is a Flowers supporter? He/she makes no mention of Flowers at all.”

    Because it’s a previously unknown name taking a shot at Velda. I have decades of experience with politicians, both running for and occupying office, papering public forums to fake support. I know the signs. Your track record and instant umbrage are another sign.

  18. To Get My Vote says:

    Geezer so what the person is unknown. It could be someone who likes Bonini. The truth is you have no idea. I have been reading these threads for the past few weeks and haven’t noticed the great push for Flowers. Give it rest why don’t you…hell you mention his name more than anyone else!

    And trust me, I could care less what you think about my track record and instant umbrage. Your conversation is boring. How about you talk about something other than the supporters of Chip Flowers…who are you the supporter police?? Are you commissioned to weed out the “super supporter”?? Good grief, get a day job!!!

  19. Geezer says:

    As I said, I have many, many years of experience with this. It could be lots of things, but it’s most likely exactly what I said. And I have a day job, thanks very much. I just expose high school political tactics for fun.

    If you read anything but the threads about Chip Flowers, you’d know that I comment on many things. But apparently you don’t.

  20. To Get My Vote says:

    Congratulations.

    Moving right along….

    I agree this smells of another ploy to make voters think she is the annointed one. It’s actually pretty sad. I guess what would be worse is if despite all of this, she is still elected.

  21. Geezer says:

    “I guess what would be worse is if despite all of this, she is still elected.”

    How is it a “ploy”? She actually won the endorsements. And what’s so bad about her being elected? I can see a problem with her being nominated, because it would probably hand the election to Bonini, but what harm would she do in office?

  22. anon says:

    MJ is partly correct.

    You can certainly use someone’s likeness on your campaign material without their permission. I could print up a flyer tomorrow that bore Barack Obama’s face next to a picture of me, and there’d be no issue. Ditto for Ronald Reagan, or Bill Colley, or anyone else you have the rights to a photograph of. (‘Course, you’d need to use a wide-angle lens with Colley. Insert juvenile snicker here.)

    If you step out into public, you can’t control what people do with pictures taken of you.

    The problem is with the text. If a picture of Velda and Jack runs under the headline “ENDORSEMENTS,” it’s safe to assume that he’s endorsed her. When he hasn’t.

  23. Anon says:

    Geezer – hand the election to Bonini? Really?

    Celia did a great piece on Bonini and his issues with not paying his taxes and having an IRS lien placed on his home. Look for it on Grapevine.

    There are also stories of issues with him failing to show up for Joint Finance Committee meetings and having to be removed.

    I don’t think it would hand him the election by any stretch

  24. Geezer says:

    Yes, really. I read Celia’s stuff, and I don’t think it will change a single mind. In an off-year election, minority turnout will be off. No African-American has ever won a statewide race, and the chances of it happening this year aren’t great. For Velda to beat Bonini, she’d suddenly have to learn how to campaign, and she doesn’t strike me as a quick learner on the campaign trail. So yes, if she wins, I believe Bonini will be elected.

  25. One reason I’ve taken something of a powder recently is b/c so many threads have been hijacked by supporters of one campaign or another. And, in many cases, these supporters use plausible deniability to suggest that they in fact may not really be supporters.

    I suppose it’s inevitable on a political blog in a primary season, but that doesn’t make this stuff any more readable. The Flowers surrogates, in particular, have really lowered the quality of discourse here.

    BTW, claims of ‘sign-stealing’ are especially tedious. It’s sort of a ‘reverse black cat’ tactic. I thought the claim that Matlusky supporters were stealing Korn signs (in Sussex County no less!) was ludicrous. 1. How do we know that the signs were actually stolen? 2. How do we know if, assuming the signs were stolen, Matlusky’s supporters did it? Couldn’t it just as easily been Tom Wagner’s supporters, or vandals? 3. How can Matlusky supporters steal downstate Korn signs when there’s no reasonable proof that there ARE any active downstate Matlusky supporters?

    I’ve learned over many years in the biz that claims of sign theft always must be taken with a grain of salt. They do happen, but there are far more false claims of it happening than of it actually happening.

    ‘The Lower 41’ will return after this most uninspiring of primary seasons is over, Rover. Can’t happen a moment too soon.

  26. To Get My Vote says:

    Yes, her latest mailing is a political ploy, tactic, [insert the synonym you think is most appropriate]. She is trying to redirect attention away from the stench that surrounds her called fraud/corruption. The contract, her husband’s involvement through city counsel, her inability to answer any questions re: the situation – all reasons why this ploy was used. Please don’t forget her unwillingness to debate.

    So, no, even a good mailing cannot prevent voters from seeing the truth, endorsed or not.

  27. I am also ready for the primary to be over. It’s going to be a long week.

  28. JSmits says:

    I just got the piece. Re-read it. Does it say ‘endorsements’ anywhere?

    NO!

    It says, and I quote, “Velda Jones-Potter’s proven financial leadership as Delaware’s State Treasurer has earned her the trust and support of officials across the state.”

    The only place you see the word ‘endorse’ is where it says she was endorsed by the Delaware Democratic Party.

  29. MJ says:

    El Som – re: Matlusky signage. Until the other day, there were no Matlusky signs anywhere around; Korn was the only Auditor candidate with signs down here. Now mysteriously, Korn’s signs go MIA and in their place are Matlusky signs. In this case, you don’t need to be a CPA to figure out that 2+2=4.

    JSmits – Jack did not give VJP permission to use his photo on her literature.

  30. Did you catch her “explanation” — more accurately her spokesman’s non-explanation — in today’s NJ for her about-face on the Wilmington contract?
    *
    nope, missed that one.

    ES – I missed the one about Korns signs going missing.

    JS – try again, what MJ is saying is that there are people listed who are not supporting her campaign and so shouldn’t have been included. It is a touchy area. I remember the tiff when Loretta Walsh go on the thread to denouce KHN for using her ‘endorsement’ when supposedly Walsh had waffled about the endorsement after an ‘incident’ with one of the Hick’s kids.

    Potter has tried using Jack before in her campaign and I understand that Brian Selander contacted the Flowers people with an apology and statement that they did not give her permission to use him for endorsements….even the non endorsement endorsements on her flyer.

    I got the thing yesterday. Most of her supporters seem to be politically aligned with either Dennis Williams (JFC Chair) or her husband which begs the question of how hard she actually had to work for them.

    I will tell you that for people lucky to make $10 an hour or less these days, her salary plus consultant fees — all tapping the public tax base and seemingly handed to her through who she knows– is the same old smelly politics as usual.

  31. El Som – re: Matlusky signage. Until the other day, there were no Matlusky signs anywhere around; Korn was the only Auditor candidate with signs down here. Now mysteriously, Korn’s signs go MIA and in their place are Matlusky signs. In this case, you don’t need to be a CPA to figure out that 2+2=4.

    *

    yeesh

  32. anon says:

    MJ wrote: JSmits – Jack did not give VJP permission to use his photo on her literature.

    This is twice that you’ve made a flatly erroneous statement, once even after being corrected.

    I’ll say it again:

    You can certainly use someone’s likeness on your campaign material without their permission.

    Newspapers do it all the time in their pages.

    If you step out into public, you can’t control what people do with pictures taken of you.

    As long as you have the legal rights to the photo (i.e., you took it or own it), you’re OK.

    I haven’t seen the mailer. I don’t know if it’s a candid shot of Jack & Velda sitting in a tree, or an official state portrait-type picture. The issue may boil down to whether Velda had permission to use *that photo* vs. just any ol’ photo.

    Can someone post this thing so we can all see for ourselves?

  33. MJ says:

    Anon – there is a huge difference between a newspaper or a news organization using someone’s picture without their permission and a candidate using another elected official’s picture on their literature without their permission. Guess you just don’t understand that. My statement is not erroneous.

    Re-read Nancy’s comment at 12:09 PM.

  34. anon says:

    MJ – No, there’s not. Please find me a legal or Department of Elections citation that says otherwise, if you’re so convinced you’re right. You won’t find one. The First Amendment rules are the same for a political campaign as they are for a privately owned business as they are for a media organization. Speech is speech.

    It also does not matter who the subject of the photo is – whether it’s an elected official or Joe Schmo. If you go out in public, you risk having your picture taken and having done with it whatever the photographer or owner wants.

    What matters from a campaign standpoint is the context of the mailer, as I have said. If Jack’s photo was included on a page headlined “Support and Endorsements,” it’s fair to assume that he is supporting and endorsing her campaign.

    Ownership also matters. You can’t publish a photograph that you didn’t take or don’t own the rights to. If she used a Markell campaign headshot, or an official state photograph, then it’s likely she doesn’t have the rights to those photos. But she could use a photo of her standing next to Jack at some event that was taken by her hubby, for example.

    This is all actually very simple once you think about it and don’t twist your head into knots thinking there are different rules for different categories of people.

    Can you at least take a digital picture of the mailer and upload it? That would put some of these warring issues to rest. Did no one else at DL with a scanner receive one of these?

  35. Jefferson says:

    Velda is getting increasingly desperate. She lied in her mailer and she lied again in the News Journal about her contract. Fortunately, she will be rendered a footnote by this point next week.

    Geezer, no African-American has been elected statewide but a minority–who also had the added political disadvantage of being an immigrant who spent his entire childhood in China–has ascended to the second highest office in the state (Woo) and that was in the 80’s when racism was significantly greater. Obama also won the primary and general election convincingly in Delaware. Looking nationally for a moment, of the four states who have or will soon have minority governors, two actually are in the Deep South. If Louisiana and South Carolina can elect a minority to their highest office surely Delaware, which already had a minority lieutenant governor, could vote for a minority treasurer.

    What would really damage Velda if she advanced to the general election is the corruption issue. She epitomizes politics as usual in Delaware right now–especially to people in Wilmington, a city on track to set a record for homicides this year while Velda lives in splendor in part due to receiving $108,000 from the city with money that could have been used to hire cops. Moreover, she is running on complete fluff. See her mailers. Bonini has a message that will appeal to some; Velda has an embellished biography. In fact, Veldagate would play directly into Bonini’s theme. He is running as a fiscal watchdog, as an auditor-lite. What better poster child could he ask for than Velda for his message?

    MJ, her heavy reliance on Markell is amusing. He never endorsed her. He appointed her but has not endorsed her, which could be interpreted as a vote of no confidence in her job performance. He distanced himself from her when her corruption was exposed. Can we even be sure that Markell is voting for her?

  36. MJ says:

    I think I just found my Asshat of the Day awardee.

    As I pointed out earlier, if YOU, anon, knew anything at all about political campaigns, you do not use someone’s name or likeness on your literature WITHOUT their permission.

    Now, you show us where the Department of Elections has any say in what goes into campaign literature.

  37. Yogie says:

    Whether or not Velda has ever done anything illegal, she continually attempts to mislead or even lie to voters. This habit is not something I will support. I hope people wake up and get out and vote next Tuesday.

  38. MJ-There’s no way that Matlusky has volunteers taking down Korn signs.

    We need to be real careful about the filters we are using. We are being ‘worked’ by several of the campaigns–it’s no wonder that our ‘tip line’ is being used by campaign officials to promote their message. This is not a matter of whose side you’re on, but rather believing too much w/little attribution.

    I’m not defending Matlusky, but I’ve been through the mill far too many times to believe most of these missing signs stories. In Matlusky’s case, I’d be shocked if he has ten volunteers statewide. That’s why this doesn’t ring true to me. They’ve got nothing better to do? If it IS true, then he’s really misallocating resources, and has no chance to win. Which is pretty much where he is anyway.

    My experience is that those complaining about missing signs are usually merely trying to generate unearned free media and are occasionally doing the same thing that they’re accusing their opponent of, one reason why the News-Journal has a ‘blackout’ on allegations for several days before an election. They know it’s mostly BS, and unprovable BS at that.

  39. MJ says:

    El Som – I noticed the Korn signs missing because they were the only auditor signs on Route 1, Route 24, Route 9 and Plantations Road. All of a sudden, they went MIA and Matlusky’s signs appeared, especially right outside of Kmart (and next to O’Donnell signs). In fact, O’Donnell’s signs are placed near Matlusky’s signs in a number of places down in the RB-Lewes area. Just saying….

  40. Anon says:

    Jefferson – you’re a joke! Are we not to assume you work for Chip dice he quotes Thomas Jefferson on all his nonsense?

    You may recall the Governor saying he supports Velda in a statement recently released by Brian Selander in a recent NJ article. Or maybe you heard him speak this weekend at the Congo Family Senior Cookout where Gov Markell said from his own mouth that we need to keep Velda as our treasurer.

    Stop being a Flowers chatterbox and do something productive with your time.

  41. Candidates often see where signs are placed and place their signs next to them. Bringing us ‘sign blight’.

    I know what you’re saying, but MATLUSKY DOESN’T HAVE ANY VOLUNTEERS.

    BTW, saw a couple of O’Donnell volunteers on the shoulder of Rt. 202 yesterday near the Concord Mall standing and waving signs. Talk about unproductive use of volunteers…

  42. Geezer says:

    Jefferson: Your point about Woo, and about Louisiana and South Carolina, will be valid as soon as I hear right-wing talk radio ranting on and on about driven people who want to work too much. Racism is not racism across the board; people have distinct biases about folks of various races.

    My earlier points stand: Fewer blacks vote in any off-year election, and this is a Republican year. I will stack my facts against your hopefulness any time.

  43. MJ says:

    I guess we can blame the missing signage on Hurricane Earl. 😉

    And Anon sure is one to talk about others being campaign tools. Look in the mirror lately, anon? Is that a Keep Velda tattoo on you hind quarter?

  44. Yogie says:

    Anon, if Markell supports Potter, then why did he try to distance himself from her in the NewsJournal? Also, why did he call Flowers and tell him that he does not support her?

    Potter is desperate. I am glad you memorize Flowers speaches. Sounds to me like you work for Potter or are you Potter? Go back to corrupt scheming Charles and Velda.

  45. Geezer says:

    “Also, why did he call Flowers and tell him that he does not?”

    As long as we’re talking about the unproductive use of volunteers…

  46. Yogie says:

    Geezer, didn’t you just say that you have a day job? Your employer should demand their money back. How the hell can you be working when you post on here 24/7???

  47. The Governor was forced to say something to that effect because Velda put him quite the spot when she claimed to Adam Taylor that he knew about her contract. When Adam contacted the Governor, he denied it.

    So Jack had to find some common ground. She didn’t exactly give him much wiggle room when, in her interview with Loudell, she claimed that she had sat down with the Governor and discussed her ‘resume’. Markell then agreed that he knew that she did consulting work but then reiterated that he had never been told about her city contract and her ongoing work for the Department of Finance.

    He can’t exactly go to the Congo’s and not warmly embrace his choice for Treasurer but it remains clear that he hasn’t endorsed her and at least previously, had not given her permission to publish anything like it. Her mailer implies that she is endorsed by all those listed and that she has Jack’s endorsement for election. What is on the mailer is a restatement of Jack’s 2009 comments about his choice for appointment to Treasurer.

    This isn’t to say what Markell feels either way. It is about understanding that he would never want to be put in the position of endorsing a DEM statewide primary candidate having undergone what he went through in 2008!

  48. I know what you’re saying, but MATLUSKY DOESN’T HAVE ANY VOLUNTEERS.
    *

    Well, he does have a doting Republican brother and sister-in-law who have donated generaously and own a Realty business in Rehoboth Beach. I can assume that there might be some boots-on-the-ground help via the Matlusky clan as far as signage. If the Korns signs were there and then they were gone, and it if GOPers were putting up the Matlusky signs – who is to say that they didn’t do both Bonini and Matlusky a favor at the same time.

    We can’t exactly claim that MJ didn’t see what he saw.

  49. I updated with the mailer. The picture looks like a casual shot taken at an event, not an official photo.

  50. Maybe you’re right, Nancy. Maybe his brother and sister-in-law did it.

    But there’s not one scintilla of proof. You can bet that his brother wasn’t putting up any O’Donnell signs, which, according to MJ, popped up in the same spots.

    Primaries open up ripe ground for conspiracy theorists. Which is why it’s tough to read the blog these days.

    And I really don’t have a bleeping dog in either the Auditor’s or Treasurer’s race, as both offer, IMHO, depressing and uninspiring choices.

    I’m just tired of all the spinning by partisans going on here. And, it’s pretty obvious that the Flowers people, in particular, are really using us in ways I find unsavory.

  51. MJ says:

    El Som, I see your point, but you cannot disprove what I have seen, especially since I live in Sussex and travel the roads around here daily. Circumstantial – yes; enough to convict – probably.

  52. Yogie says:

    Why is posting on a public blog, in favor of a Democratic candidate “unsavory”?

  53. Anon says:

    So, where does it say ‘endorsement’??? All of this fuss and manufactured drama and it says “earned trust ad support of officials across the state”…

    Absolutely ridiculous!

  54. Anon says:

    Not to mention, remove those two names, and add the 4 she omitted (see votevelda.com/news) and you’ve got a hell of a list of supporters.

    Basically a who’s who in Delaware Democratic Politics.

    Where is Chip’s list of supporters?

  55. Jefferson says:

    Anon, Glen Urquhart quotes Jefferson. Lots of people do. Did Flowers make me read Malone on Jefferson? Maybe I am just a fan of Jefferson?

    I have never seen or heard of Markell endorsing Velda. Can you provide legitimate evidence, or is this another fabricated “endorsement” from the Potter camp? Saying she is doing an adequate job is not an endorsement. The question is not whether she is incompetent but rather whether Flowers can do a better job.

    Anon, half of Velda’s listed supporters–and she clearly is presenting them as endorsements and has been obsessed with this throughout her campaign (well, she did find time to “teach leadership” on the side!)–are from the same political habitat that produced her $108,000 contract for a fluff job created to fill her pockets. Velda has still not released the records on when she worked the equivalent of 35 full days “teaching leadership” while running a statewide agency and a statewide campaign. She still has not adequately explained why there was no bidding for the contract. She still has not justified being paid $42,000 at a $150 an hour clip to “teach’ 40 employees. Ironically, the only card Velda has to play–establishment support–is the primary reason she needs to be ousted from Dover and relegated to Wilmington, where she can bill Wilmington taxpayers hundreds of dollars for lunch at Applebee’s (a great spot to learn leadership!) instead of bilking taxpayers in the entire state.

    El, if you do not care about the treasurer’s race why are you in a thread about that very race?

  56. MJ says:

    Actually, it looks like a list of the Delaware Way. You totally missed the point of the post, Anon. But that is to be expected from the VJP parrothead. It doesn’t matter how many people “endorsed” her, if you include people who DIDN’T endorse your candidacy on a mailer, then you’re a phony. Plain and simple. And if these are not endorsements, then why list the names?

    Thanks for playing Anon, though. Your parting gifts will be sent to you.

  57. Yogie says:

    Chip has a huge list of supporters. Velda has not one elected official in Kent County. Most of her support is from the city (of course). Flowers has both elected officials supporting him, and more importantly, he has the average democratic voter’s support.

    Next Tuesday this will will all be over. Can’t wait!

  58. Jefferson says:

    Those are people who endorsed Velda (well most of them…). Here are just some of Velda’s endorsements:

    •Old Country Buffet ($300 endorsement on the taxpayer’s dime)
    •Rockwood Museum ($60 endorsement on the taxpayer’s dime)
    •Applebee’s ($180 endorsement on the taxpayer’s dime)
    •The Del Rose Cafe ($227 endorsement on the taxpayer’s dime)
    •Walt’s Flavor Crisp ($142 endorsement on the taxpayer’s dime)
    •Timothy’s on the Riverfront ($467 endorsement on the taxpayer’s dime)
    •Cafe Mezzanotte ($123 on the taxpayer’s dime)

    All this to teach leadership! Where do I sign up for this program? I want to learn “leadership” at Timothy’s and Del Rose too! Velda, due to her corruption, would be rendered a mockery by Bonini if she advances to the general election.

  59. jpconnorjr says:

    Based on list Walt’s was served at Rockwood Museum? I love Walt’s!
    She was also endorsed by her 2 friends “Day Late” and Dollar Short”

    •Rockwood Museum ($60 endorsement on the taxpayer’s dime)
    Walt’s Flavor Crisp ($142 endorsement on the taxpayer’s dime)

    For all of this lets not lose sight of giving Bonini a chance to springboard to a higher office where he will be an unmitigated disaster.
    I hope there is some Dem unity after this. Both dem’s are flawed but infinately better than the “fat boy”

  60. Wasn’t trying to ‘disprove’ it, MJ. Just pointing out that there is not one scintilla of proof that Matlusky had anything to do with it.

    And, so far, there is no pattern that has surfaced (at least on this blog, where conspiracy theories are the coin of the realm) that Matlusky is engaging in these sort of tactics statewide.

    As to the Flowers/VJP primary, this blog has been used as the conduit for some pretty disgraceful unproven allegations. I doubt that any votes have been changed as a result, but people are probably less likely to vote for either candidate. Pretty pathetic, if you ask me.

  61. anon says:

    MJ wrote: I think I just found my Asshat of the Day awardee. As I pointed out earlier, if YOU, anon, knew anything at all about political campaigns, you do not use someone’s name or likeness on your literature WITHOUT their permission. Now, you show us where the Department of Elections has any say in what goes into campaign literature.

    MJ,

    I asked YOU to produce the citation, in any form, from any source, that bans use of someone’s likeness in campaign literature without their permission. You, who have made such an incredible claim, cannot back it up and now are exposed as being completely full of it.

    Here’s one resource from a publishing lawyer that might help set your hed straight. http://www.publaw.com/photo.html

    Jack was clearly posing for that photo. It was obviously taken with his permission, unless he’s freaking blind as a bat and can’t see a foot in front of his face.

    If you bothered to Google for five minutes, you’d also encounter mention of the Lanham Act, which you might be tempted to cite in support of your utterly erroneous position. Don’t. In Lanham, which applies only to celebrities and commercial marketing, context is critical – as I have been saying all along.

    To sum up, yet again: There is no blanket requirement that campaigns or any other entity or person receive permission from a person who is knowingly photographed in a public place to publish that photograph.

    Think about what you’re saying, MJ. You’re making two arguments that both fail to hold up. The first is that Entity A requires permission to publish a photo of Person B. Clearly false, no matter what names you slide into the slots. Newspapers and magazines do this all the time. Think Perez Hilton or the tabloids – they certainly didn’t get permission of the celebrity du jour to snap their photo.

    The second is that political campaigns or elected officials are somehow “different” from, say, a newspaper or an ordinary person. They aren’t. Speech is speech, and they’re both free. If anything, an elected official has a lesser right to privacy since they are in effect a celebrity. That is a well-established principle of media law.

    I await your next attempt to explain. Please produce your sources or admit your error.

    Again: There is no blanket requirement that campaigns or any other entity or person receive permission from a person who is knowingly photographed in a public place to publish that photograph.

    Oh, BTW – please produce the permission that you all here at DL received from Christine O’Donnell or Julia Louis-Dreyfus to publish their photos on your site. I’ll start a countdown clock until you print those in a new thread. Go on, just type them out. I’ll wait. They’ve got to be somewhere at DL HQ. You folks wouldn’t just use someone’s likeness to promote your product without their permission, would you? That would be wrong! And somehow illegal! MJ the legal expert says so!

    … waiting …

    Am I an asshat? Hell, yes. But it’s worth that title if a few thickheads correct their own prominent public misstatements.

  62. To Get My Vote says:

    Damn, this is sertious.

  63. mediawatch says:

    Re Anon v. MJ on VJP using the gov’s photo: While you’re getting wrapped up in legalistic arguments, you’re getting away from common sense.

    If the Gov. has endorsed VJP, he’d have no problem with her using his pic on her mailer. But his top aide has make clear to the Flowers team that VJP did not ask for his approval to use the photo. The clear inference here is that he’s not happy about what she did.

    Sure, if VJP has the photo, she’s got a right to use it. But just because you’ve got a legal right doesn’t mean it’s a good idea. When VJP uses the gov’s pic in the context of a non-existent endorsement (fudging it with a quote that’s nearly two years old), she offends the subject of the photograph, and she misleads the voters whose support she is seeking. It hurts her more when it becomes apparent that she’s trying to game the voters, and then they can justifiably wonder about the value of the other endorsements.

    As for those endorsements, take a look at the 30 officials (following today’s correction) who have her “trust and support.” Ten (plus her husband, who isn’t named) are members of Wilmington City Council, who enabled her consulting contract by voting for the budget. One is the Mayor, who is responsible for submitting the budget to council, and one is the city treasurer, who signed the checks when she got paid. And seven others are legislators who either work for or are retired from government agencies — so they know what it’s like to collect two government paychecks. In all fairness, though, those legislators never tried to conceal their other sources of income.

  64. MJ says:

    Anon, to paraphrase Denzel Washington in the movie Philadelphia, let me explain this to you like you’re a 3 year old.

    No one is saying VJP did anything illegal. However, as one who has worked on and run numerous political campaigns, Rule #1 is you don’t claim support or endorsements from people who don’t give you their endorsement. Likewise, you don’t use anyone’s name or picture in your advertising, touting their support for you, without their permission. And this is the problem with VJP’s mailer.

    As for the Dept of Elections – they do not control any candidate’s literature, advertising, or signage (except when and where signs can be posted on public property).

    Hope you were able to understand this.

  65. As a political mailer, I think it’s pretty effective. It gets the point across that she’s endorsed by a lot of people and has a nice pic of a popular governor with a supportive quote. How many people are going to dig deeper than that?

  66. mediawatch says:

    UI, your assessment may prove correct, but there are many who hope you are wrong.