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Title: Republicans Tampered With Court Audio in Obama Attack Ad
Source: Bloomberg
URL Source: http://www.bloomberg.com/news/2012- ... -audio-in-obama-attack-ad.html
Published: Mar 30, 2012
Author: Julie Hirschfeld Davis and Greg Stohr
Post Date: 2012-03-30 11:36:56 by Brian S
Keywords: None
Views: 1905
Comments: 2

A Republican Party Internet advertisement altered the audio of U.S. Supreme Court (1000L) oral arguments in an attack on President Barack Obama’s health-care law.

In a web ad circulated this week, the Republican National Committee excerpts the opening seconds of the March 27 presentation by Obama’s top Supreme Court lawyer, Solicitor General Donald Verrilli. In the ad, he is heard struggling for words and twice stopping to drink water.

“Obamacare,” the ad concludes, in words shown against a photograph of the high court. “It’s a tough sell.”

A review of a transcript and recordings of those moments shows that Verrilli took a sip of water just once, paused for a much briefer period and completed his thought -- rather than stuttering and trailing off as heard in the edited version.

The ad marks a blurring of the line between the law and politics, in which the nation’s highest court -- and the justices and lawyers who decide and argue cases -- are becoming fodder for Republicans’ and Democrats’ arguments over the validity of the president’s signature domestic legislative achievement.

RNC Communications Director Sean Spicer said the video was a “mash-up,” condensing and splicing together several separate pauses and stutters by Verrilli during the first two minutes of his argument, produced to illustrate how much difficulty he had defending the health-care law.

Multiple Clips

“Are there multiple clips in that video? Yes,” Spicer said. “The point was that he continually had to stop because he was having trouble making the case for why Obamacare was valid.”

The Democratic National Committee declined to comment. Obama’s re-election campaign also said it wouldn’t respond to a query dealing with a matter currently before the Supreme Court. White House spokesman Jay Carney told reporters yesterday that Obama was “pleased” with the presentation Verrilli made, which was criticized by Supreme Court watchers and some media outlets.

The RNC said Verrilli’s halting performance is evidence that the 2010 law he is arguing to uphold is invalid.

“It seems that Obama’s lawyer hit a bit of a snag trying to defend the constitutionality of Obama’s health-care takeover,” the RNC said in a statement accompanying the ad. “Maybe he’s beginning to realize something the American people already know: It’s hard to defend a law that is indefensible.”

Less Water, Shorter Pauses

Recordings of the court proceedings reviewed by Bloomberg News reveal that the audio has been edited. While Verrilli paused once to drink water during the opening moments of his presentation, he stopped talking for only a few seconds before continuing with his argument. In the RNC ad, he pauses for about 20 seconds, coughs, sips water and stutters.

In the RNC’s transcript of its ad, it quotes Verrilli as follows: “For more than 80 percent of Americans, the ah insurance system does provide effective access [pause]. Excuse me. Ah [cough] it ah be-be because the ah the ah the [pause]. Excuse me.”

In the actual proceedings, Verrilli finished his thought. “For more than 80 percent of Americans, the, ah, insurance system does provide effective access,” Verrilli says, pausing briefly and saying, “Excuse me. But for more than 40 million who do not have access to health insurance, either through their employer or through government programs such as Medicare or Medicaid, the system does not work.”

Legal World Deviation

While such unflattering editing isn’t unusual for a political campaign advertisement, it is atypical in the legal world.

“Unbelievable,” said Walter Dellinger, who served as solicitor general under Democratic President Bill Clinton. “It’s a dramatic instance of the politicization that has surrounded this challenge and totally unfair to one of the most widely admired lawyers in public service.”

The RNC ad wouldn’t have been possible a dozen years ago -- at least not this quickly. Before 2000, the court didn’t make its audio recordings available until the beginning of its next term; in this case that would have been in October.

Starting with the 2000 Bush v. Gore ruling, which halted the Florida presidential voting recount and made Republican George W. Bush the winner, the court began releasing its recordings in select cases at the end of the day.

Reinforcing Camera Ban

The court doesn’t allow video cameras, and reporters and other spectators are barred from bringing their own recording devices into the marble courtroom. The Verrilli ad will make the justices more reluctant to allow such devices in the future, said Timothy R. Johnson, a University of Minnesota political science professor who researches and writes about Supreme Court arguments and decision-making.

“This ad is the justices’ worst nightmare,” he said. “It’s the reason why they don’t want cameras in the court.”

The ad is the first ever to use the Supreme Court’s audio recordings, Johnson says.

“Is it novel? Are we ahead of the curve at the RNC? I hope so,” Spicer said of the web video.

He said the Republican Party would continue to mine the Supreme Court case for material that can be used in its political attacks on the Obama health-care measure.

More to Come

“The issue of Obamacare will unequivocally be a major issue for this campaign,” Spicer said. “If there are great pieces of the written opinion that talk about what an unbelievable takeover of our health-care system and our economy this has been, I strongly suspect we will use it.”

Legal experts across the ideological spectrum said they expect the health-care case and others dealing with such issues as immigration to figure in the presidential campaign.

“At the end of the day, we can be pretty confident no one is going to vote for or against Obama based on how good or bad his solicitor general is at arguing, but the bigger question of Obamacare’s constitutionality certainly will play out in the campaign,” said Curt Levey, executive director of the Republican-aligned Committee for Justice.

“The attention to this argument and this case around the Affordable Care Act is emblematic of the fact that courts matter,” said Marge Baker, executive vice president for Policy and Program at the Democratic-aligned People for the American Way in Washington. “No matter how this particular case comes out, it’s very clear that voters understand that.” Subscribe to *Elections 2012*

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#1. To: Brian S (#0) (Edited)

Obama’s top Supreme Court lawyer, Solicitor General Donald Verrilli. In the ad, he is heard struggling for words and twice stopping to drink water

He figured that if he just drank water and farted, the MSM could spin it into a big win for ObongoCare.


"We (government) need to do a lot less, a lot sooner" ~Ron Paul

Obama's watch stopped on 24 May 2008, but he's been too busy smoking crack to notice.

Hondo68  posted on  2012-03-30   11:56:49 ET  Reply   Trace   Private Reply  


#2. To: hondo68 (#1)

He figured that if he just drank water and farted, the MSM could spin it into a big win for ObongoCare.

LMAO

To: mcToejam, rat-boy, drippy, Alzheimer Fred, whitesands, t-bird, loonymom, ming, e-type jackoff, goober56, wreck, cal-CON, rabid dog, dummy DwarF, biff, harrowup the communist, and meguro. You're on the "a waste of human flesh" list. Brian S[ocialist], you're a propagandist moron. ALL of you can piss off.

Capitalist Eric  posted on  2012-03-30   12:23:40 ET  Reply   Trace   Private Reply  


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