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“Righteous Tut-Tutting”: The “Missing Evidence” In Romney’s Tax Records

Harry Reid has provoked outrage among liberals as well as conservatives, who seem to believe he has violated propriety by repeating gossip about Mitt Romney’s taxes. The Senate leader says someone connected with Romney told him that the Republican candidate paid no income taxes for a period of ten years. Offended by Reid’s audacity, commentators on the right have indicted him for “McCarthyism” while others on the left have accused him of inventing the whole story.

Evidently the chief complaint against Reid — aside from aggressiveness unbecoming a Democrat — is that he cited “an extremely credible source” who he has so far declined to name. Some journalists have gone so far as to suggest that Reid must be lying because he won’t identify the source.

Despite all this righteous tut-tutting among the great and the good, in newspapers and magazines as well as on television, Reid’s critics simply have no way of knowing whether he is telling the truth or not. From the beginning, Reid himself admitted forthrightly that he has no way of being absolutely certain whether what he was told is factual or not, although he believes the person who said it was being truthful.

Many of Reid’s critics work for news outlets that rely on unnamed sources every day, of course, publishing assertions that range from the mundane to the outlandish. It is hard to see why an unnamed source quoted by a daily newspaper or a monthly magazine – or hidden behind a screen in a TV studio – is more credible than a person whispering in the ear of a United States Senator.

Indeed, several of the news outlets now barking at Reid have suffered their own episodes of scandalous embarrassment due to the exposure of invented sources and quotes (see Jayson Blair, Stephen Glass, etc. etc. etc.) . Yet they nevertheless continue to publish quotes from such unnamed individuals. After all, where else would Reid have learned that this is acceptable conduct?

Meanwhile Romney’s response is to demand that Reid “put up or shut up” – that is, reveal the name of his source. But that would prove nothing. As Reid has pointed out, only the former Bain executive can demonstrate conclusively that suspicions about his tax history are unfounded. Although the irritated Romney retorts that he has “paid a lot of taxes,” his denial won’t suffice as proof either. He could have paid hefty real estate taxes on his various homes and sales taxes on his purchases of cars, car elevators, powerboats, and other luxury goods, among other levies, while paying little or no federal income tax.

Obviously it would be simple for Romney to disprove Reid’s statement, which is unlike McCarthyite accusations that involve someone’s personal associations or state of mind. The necessary evidence is not only within Romney’s possession, but is material that candidates in his position normally release to the public and that the public expects to see. It is material that he previously surrendered to Senator John McCain’s campaign staff in 2008, when they were vetting him for a possible vice presidential nomination. (For now, they are conspicuously silent on the Reid controversy.)

There is a legal doctrine that applies to Romney’s current behavior, as Indiana attorney John Sullivan points out – and it doesn’t place the burden of proof on Reid:

At law, if a person in control of evidence refuses to produce the evidence, then the jury is instructed that there is a presumption that the evidence would be against the party failing to produce. It is called the “Missing Evidence” instruction.

The missing evidence is in Romney’s grasp, yet he insists that he will never produce it. Does anyone need instruction from a judge to make the correct inference?

 

By: Joe Conason, The National Memo, August 6, 2012

August 7, 2012 Posted by | Election 2012 | , , , , , , , , | Leave a comment

Mitt Romney’s Harry Reid Problem: The “Didn’t Pay Any Taxes” Allegation Is Churning Up The Tax Return Issue

Talk of Senate Majority Leader Harry Reid’s allegation that Mitt Romney had not paid any taxes at all for 10 years dominated the Sunday talk show circuit as Republicans denounced the (still-unsubstantiated) charge.

Republican National Committee Chairman Reince Priebus called Reid a “dirty liar,” noting that the top-ranking Democrat in the Senate had still not made public who allegedly told him about Romney’s tax history. (Romney, for his part, has said he paid taxes every year.) Virginia Gov. Bob McDonnell, the head of the Republican Governors Association, called Reid’s allegation a “reckless and slanderous charge”.

The amping up of Republican rhetoric amounts to a recognition that no matter how unfair they believe Reid’s charge is (and they believe it is in­cred­ibly unfair), the allegation is churning up the tax return issue and needs to be pushed back on — hard.

At its root, the problem for Romney on this matter is that he and Reid are simply not playing by the same set of rules. Here’s why:

1. Reid isn’t up for re-election until 2016 (if he even decides to run again, since he will be 76 years old that year).

2. His allegation against Romney only strengthens his hand among his Democratic colleagues — in and out of the Senate.

3. He’s not running for president and, therefore, isn’t subject to the same sort of transparency demands that Romney is.

4. He’s far less well-known than Romney, meaning that by engaging Reid, the Republican presidential nominee is punching down in a big way.

“He’s fearless and shameless,” said Jon Ralston, the leading political journalist in the state of Nevada and a man who has watched Reid’s career closely. “The most dangerous man is one who does not care.”

The shaming of Reid, which is clearly what Republicans — Romney included — are now set on doing, then, likely won’t work. Several close Reid allies insist he simply will never reveal the alleged source of the Romney tax information and, they argue, politically speaking he won’t ever have to, since the allegation — as we noted above — does little harm to Reid’s political career.

In politics, a charge unanswered is a charge believed. It’s why Massachusetts Sen. John Kerry’s (D) slow response to charges regarding his service in Vietnam — allegations Kerry clearly believed were beneath contempt — wound up playing a major role in his defeat in the 2004 presidential election.

“I just believe that this hurts Romney more,” said one senior Republican strategist who follows Nevada politics closely. “If he doesn’t produce his tax returns, this will probably continue. If he finally relents, then Reid just says ‘thank you.’”

Reid is among the most Machiavellian politicians operating today (or ever). He picked this fight with Romney on purpose, knowing that the Republican nominee was — due to the rules of politics — fighting with at least one hand tied behind his back.

And it’s why, whether you like what Reid is doing or not, he’s created a problem that Romney and the Republican Party have to figure out how to handle — and quickly.

 

By: Chris Cilliza and Aaron Blake, The Washington Post, August 6, 2012

August 7, 2012 Posted by | Election 2012 | , , , , , , , , | Leave a comment

“Dirty Liar Harry”: Republicans Have Just About Had It With Harry Reid On Romney’s Tax Return Story

Good afternoon: It’s Sunday, August 5th, 2012, and Mitt Romney has still not released more than two-years’ worth of tax returns. Why is that? Only Mitt and Rafalca know for sure. The rest of us poor souls must continue to sit here and speculate, potentially forever. As you are perhaps aware, Harry Reid has floated one improbable explanation for the secrecy surrounding the documents, which is that Romney did not pay taxes for a decade. The candidate has, of course, denied this, but Reid keeps pushing back, forcing Romney’s surrogates to attack him and thereby ensuring that the story — and the general tax return theme — remain in the news.

Republican National Committee Chairman Reince Priebus got particularly feisty on ABC’s This Week, calling Reid a “dirty liar who hasn’t filed a single page of tax returns himself, complains about people with money but lives in the Ritz Carlton here down the street.” Senator Lindsey Graham called Reid’s accusations “out of bounds,” while Virginia governor Bob McDonnell said they were “reckless and slanderous.” McDonnell added that, “People don’t care about Mitt Romney’s tax returns. They are [worried] about their own tax returns,” which would probably be mostly true in a world in which Mitt Romney had released more tax returns.

Meanwhile, the Democrats did their best to contain their glee over the situation, with varying degrees of success. Former Pennsylvania governor Ed Rendell gently peer pressured Romney to share his filings, saying, “We all do it. It’s become commonplace in American politics…Mitt, go ahead and do it.” Obama campaign adviser Robert Gibbs suggested that Romney “go to Kinko’s,” where he could “put this to rest” by making copies of the documents for “a nickel a page.” (Gibbs was nice enough to offer to send him the nickels.):

“The whole world would know exactly what loopholes he’s taking advantage of,” alluding to Romney’s having placed some of his money in Switzerland and the Cayman Islands.

Asked repeatedly whether the Obama campaign in Chicago had told Reid to stop making those tax claims, Gibbs would only reply: “I don’t think anybody controls Harry Reid.

Democratic National Committee chairwoman Debbie Wassermann Schultz was more subdued: “This question is not just generated by Harry Reid,” she said. “It’s been asked by countless reporters, by voters that want to know more about Mitt Romney’s finances.” And David Axelrod stuck to what has become an Obama campaign mantra, asking, “Why don’t they just put this to rest? What is it that he’s hiding?”

Finally, Reid himself weighed in once again via a statement sent to Talking Points Memo this morning which read, in part, “It is sad that the most secretive candidate since Richard Nixon has forced his party to defend his decision to hide the truth about his tax returns.” Sad is one word for it.

 

By: Caroline Bankoff, Daily Intel, August 5, 2012

August 6, 2012 Posted by | Election 2012 | , , , , , , , , | Leave a comment

“A Blatant Attempt To Mislead”: Romney Falsely Accuses Obama Campaign Of Trying To Restrict Military Voting Rights

Mitt Romney attacked a lawsuit brought by President Obama’s campaign seeking the restoration of early voting rights for Ohio voters by falsely implying that Obama is trying to take away the early voting privileges for members of the military.

“President Obama’s lawsuit claiming it is unconstitutional for Ohio to allow servicemen and women extended early voting privileges during the state’s early voting period is an outrage,” Romney said in a statement Saturday.

Actually, the Obama campaign’s lawsuit, filed by the campaign in mid-July, explicitly asks a federal court to restore in-person early voting rights to all eligible Ohio voters on the three days preceding Election Day.

The suit does not seek to prevent members of the military from voting in person during that period, rather it seeks to force Ohio to give other voters (including, for instance, cops and firefighters) the same opportunity to vote.

Romney said in the statement that as president he would “work to protect the voting rights of our military, not undermine them.” He said that members of the military “make tremendous sacrifices to protect and defend our freedoms, and we should do everything we can to protect their fundamental right to vote.”

The Romney campaign did not immediately respond to a request for comment from TPM on whether he believes cops and firefighters should also be allowed to vote in the three days before the election.

Obama’s campaign is fighting back, calling Romney’s statement a “blatant attempt to mislead” voters.

“This lawsuit seeks to treat all Ohio citizens equally under the law,” Obama for America attorney Bob Bauer said in a statement. “We want to restore the right of all to vote before Election Day.”

Under the Obama administration, the Justice Department has filed 10 lawsuits and reached nine settlements with various states to protect military voters under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).

Late update: Obama for America Veterans and Military Family Vote Director Rob Diamond issued this statement:

“Mitt Romney and his campaign have completely fabricated a claim that the Obama campaign is trying to restrict military voting in Ohio. In fact, the opposite is true: the Obama campaign filed a lawsuit to make sure every Ohioan, including military members and their families, has early voting rights over the last weekend prior to the election. The case filed with the court could not be clearer on this point. The real story of what is happening in the Buckeye State is that Mitt Romney supports the Republican effort to stop people from voting by restricting their access to the polls. In 2008, more than 93,000 Ohioans utilized early voting in the three days before the election. In complete disregard of the will of Ohio voters expressed last year through the referendum process, the Republican legislature is attempting to remove from the vast majority of voters — including veterans of our armed services — the early voting rights they enjoyed in 2008. This latest Republican attack on rights of voters is shameful — and so is Mitt Romney’s endorsement of it.”

 

By: Ryan J. Reilly, Talking Points Memo, August 4, 2012

August 6, 2012 Posted by | Election 2012 | , , , , , , , , | Leave a comment

“Circumstantial Evidence”: Harry Reid Gets Under Mitt Romney’s Skin

Harry Reid has always been an unusual character. He’s often dismissed as a lightweight by Republicans (Senator Tom Coburn recently called him “incompetent and incapable”), but he is also an adept legislative maneuverer who has notched some extraordinary victories, perhaps none more notable than getting every Democrat in the Senate, even ones like Ben Nelson and Joe Lieberman who live to make trouble for their own party, to vote for the Affordable Care Act. He’s very soft-spoken, speaking most of the time in a near-whisper, but he’s also willing to wield a shiv with an enthusiasm few in his party can muster.

And now, Reid is doing the kind of work that surrogates are supposed to do for presidential candidates: go out and make the kind of biting, maybe even questionable attack on the opponent that the candidate himself doesn’t want to be seen making. Reid has charged that a source at Bain Capital has told him privately that Mitt Romney didn’t pay any taxes for 10 years, and that’s why Romney won’t reveal his tax returns. When asked for concrete evidence beyond the word of an anonymous source, Reid says, “I don’t think the burden should be on me. The burden should be on him. He’s the one I’ve alleged has not paid any taxes. Why didn’t he release his tax returns?” Romney replied that Reid should “put up or shut up,” and offered an unsubstantiated charge of his own: “I’m looking forward to having Harry reveal his sources and we’ll probably find out it’s the White House.”

This episode gives us yet another case study in how different Republicans and Democrats are. If the parties were reversed, I guarantee you that you would not be able to find a single Republican to criticize what their colleague was doing. They’d meet the “McCarthyism!” charges with a laugh. But Democrats are conflicted, as they usually are about hardball politics (Jon Stewart tore Reid a new one over it). So let’s take a moment to sort through just how we should feel about this.

As a general principle, people shouldn’t toss around explosive charges without having evidence to back them up. And everyone is assuming that what Reid is saying is false, but there is at least some possibility that it’s true. It’s highly unlikely, but it’s possible. We can probably also assume that Reid didn’t make this up out of whole cloth—somebody did tell him this, though whether the person ought to be believed is something we can’t know.

Is this really akin to the birther controversy, as some have charged? It might be, if Romney had already released his tax returns and everyone knew what was in them. Remember that Obama released his birth certificate during the 2008 campaign, not to mention the fact that there were birth announcements in Hawaii newspapers. There was never any question but that the birthers were nuts, and Obama was never hiding anything. In this case, however, Romney is hiding something. His argument is that even though he will certainly demand to see multiple years of tax returns for his nominee for Secretary of Agriculture, and even though he’s certainly demanding to see multiple years of tax returns for the people he’s considering to be his running mate, the public doesn’t get to see his tax returns for more than one year. The absolute gall of his position—that he wants to be president of the United States, but doesn’t think he should have to give a full accounting of his finances—is really something to marvel at.

So just like it’s possible for the police to frame a guilty man, Reid is making what’s probably a false charge about a matter that Romney is improperly concealing from the electorate. If Romney wanted to, he could refute the charge and humiliate Reid tomorrow, just by releasing his returns. But it’s obvious that those returns contain something (or maybe multiple somethings) that Romney believes would be so damaging to his candidacy if voters knew about it that he’s willing to suffer all this bad press, and give the Obama campaign all this ammunition, to keep anyone from finding out.

And frankly, Mitt Romney has run his campaign in a manner so disreputable—constantly questioning Barack Obama’s patriotism, twisting his words out of context at every opportunity, running up a record of mendacity that stands out even among modern campaigns—that it’s hard to feel any sympathy for him when someone hits him a little below the belt.

 

By: Paul Waldman, Contributing Editor, The American Prospect, August 3, 2012

August 6, 2012 Posted by | Election 2012 | , , , , , , , , | Leave a comment