# Tom Miller



Iowa House district 60: Walt Rogers flunks Politics 101

The nice thing about a large majority, like the 60 to 40 Republican advantage in the Iowa House, is not needing every vote in your caucus for every bill. Members can oppose the party line when local interests are threatened without derailing the legislative process. Retiring State Representative Steve Lukan showed how it’s done when he voted against the Rebuild Iowa Infrastructure Fund budget in the House Appropriations Committee last week, because that bill left out $5 million in funding for a major project in Lukan’s district.

This basic concept of representing your constituents is apparently lost on Walt Rogers. The first-term Republican from a district covering parts of Cedar Falls and Waterloo just voted for an education budget that slashes funding for the University of Northern Iowa.

UPDATE: Scroll down for Rogers’ weekly newsletter, which discusses his vote on the education budget.

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Branstad pins hopes on Ninth Circuit activist judges

Governor Terry Branstad and Iowa Attorney General Tom Miller both joined a brief filed today by seven Midwestern states that oppose California’s Low Carbon-Fuel Standard. Branstad was eager to “take a stand for Iowa farmers against [an] unconstitutional California law,” as a press release put it.

It’s not every day that a governor who has praised strict constructionists and “the philosophy of judicial restraint” cheers for the Ninth Circuit U.S. Court of Appeals to keep an injunction on (and eventually strike down) a state law.

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Tom Miller one of 35 Obama national campaign co-chairs

Catching up on some news from last week, President Barack Obama’s re-election campaign named Iowa Attorney General Tom Miller as one of 35 national co-chairs. The only other state attorney general on the list is Kamala Harris of California. After making a show of abandoning Miller’s working group on foreclosure fraud last year, she eventually signed on to the settlement reached with five major lenders earlier this month.

In a press release, Obama’s campaign manager Jim Messina predicted that the national co-chairs “will be tremendous assets on the ground as we build the biggest grassroots campaign in history.” I wouldn’t count on much help from Miller there. His 2010 re-election campaign had no grassroots operation whatsoever. He didn’t even have a campaign website up until September of the election year, and his first advertising appeared a few weeks before the election.

The Obama campaign is hiring organizers for the spring, summer, and fall in Iowa and many other states. I am seeking comment about where the organizers will be assigned to work in Iowa. CORRECTION: Bleeding Heartland user albert point out in the comments that this listing is for unpaid internships. My understanding is that the Obama campaign is also hiring paid field organizers for Iowa,  and I will update this post with further details when available.

Ten views of the mortgage settlement

Iowa Attorney General Tom Miller announced yesterday “a landmark $25 billion national joint federal-state accord over mortgage foreclosure abuses and fraud, and unacceptable nationwide mortgage servicing practices.” My gut says this deal lets lenders off too easily and will do virtually nothing for most foreclosure fraud victims. A $2,000 check isn’t much for people who wrongfully lost their homes, and the amount earmarked for principal reductions would rescue only a tiny fraction of “underwater” borrowers.

I’ve posted five versions of the case for the agreement after the jump, along with five statements from critics of the deal. Miller’s press release includes details on what borrowers in Iowa could receive. Please share your perspective in the comments.

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The 10 biggest Iowa political blunders of 2011

Let’s review the most boneheaded moves from the year in Iowa politics.

This thread is not about wrongheaded policy choices. It may be stupid to cut early childhood education programs, kneecap the state Environmental Protection Commission, or pass an “ag gag” bill that would never survive a court challenge. Yet all of those actions carry potential political benefits, since they appeal to well-funded interest groups or a large group of voters.

My top ten list of Iowa politicians’ mistakes is after the jump.

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Tom Miller should quit while he's behind

A full year has passed since Iowa Attorney General Tom Miller became leader of a 50-state working group to investigate mortgage fraud. In recent months, seven Democratic attorneys general have broken away from efforts to reach a broad settlement with major lenders, as the flaws in Miller’s approach to negotiations have become more clear. This week news broke that the AG working group are offering new concessions in order to reach a deal with financial institutions.

Miller should give up this charade.  

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Opposition growing to Tom Miller's sweetheart deal for banks

Iowa Attorney General Tom Miller kicked his New York counterpart Eric Schneiderman off the executive committee for the 50-state working group on foreclosure fraud yesterday. As leader of the working group created last October, Miller has drawn criticism for negotiating lenient terms for major lenders and not investigating some shady foreclosure practices. His latest move is another sign that Miller leans toward terms favored by banks and their Obama administration allies.  

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Report scrutinizes Tom Miller's campaign contributions

Kevin McNellis of the National Institute on Money in State Politics published a report yesterday on Iowa Attorney General Tom Miller’s 2010 campaign fundraising. The report connects Miller’s contributions from out-of-state law firms and people in the finance, insurance, and real estate sector with the nationwide foreclosure investigation Miller has been leading since October. Miller objects that the report “is false or misleading from the start to the finish.” More details and context are after the jump.

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Court may resolve Branstad, Cedar Rapids labor dispute

Governor Terry Branstad and Cedar Rapids officials have made no progress toward resolving a dispute that could derail $15 million in funding for the city’s Convention Complex project. Branstad administration officials continue to insist that Cedar Rapids set aside a project labor agreement signed in December, because it conflicts with Branstad’s Executive Order 69.

Follow me after the jump for recent news on this story, including comments this week from Iowa Attorney General Tom Miller.

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Tom Miller's foreclosure settlement draws fire

Since last October, Iowa Attorney General Tom Miller has been leading a national foreclosure working group involving attorneys general from all 50 states. The group was supposed to investigate “robosigning” and other abuses that led to many wrongful foreclosures. Last week the five largest mortgage servicers in the U.S. received a proposed settlement from Miller’s group, and the American Banker posted the settlement terms here (27-page pdf file). Financial penalties will be determined later; $20 billion seems to be the most likely figure, and it’s not clear how that money will be used.

Miller described the settlement offer as an attempt to “change a dysfunctional system” and “reach an agreement good for banks and good for homeowners.” Many observers charge the deal would do little to correct abuses by mortgage lenders and contains nothing to compensate victims of past misconduct. More details and analysis are after the jump.

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Branstad, Cedar Rapids government on collision course over labor agreement

Governor Terry Branstad and the Republican mayor of Iowa’s second-largest city are at odds over a project labor agreement for construction of the $76.5-million Cedar Rapids Convention Complex. The Branstad administration has threatened to withdraw a $15 million I-JOBS grant for building the convention center, and the dispute could end up in court.

Join me after the jump to discuss on the biggest state-local power struggle Iowa’s seen in years.

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Iowa reaction to ruling striking down health insurance reform

U.S. District Court Judge Roger Vinson struck down last year’s health insurance reform law yesterday, backing the lawsuit filed by Florida’s attorney general and joined by 25 other states. Vinson’s 78-page opinion can be read in full here. David Kopel summarized the key points at the Volokh Conspiracy blog:

1. The 26 states lose on the argument that the mandate for drastically increased state spending under Medicaid is unconstitutional. State participation in Medicaid always has been voluntary, and remains so. […]

2. The plaintiffs win on the individual mandate. The individuals plaintiffs, and the National Federation of Independent Businesses have standing to challenge the mandate. So do Utah and Idaho, at the least, because of state statutes forbidding health insurance mandates. According to original meaning, “commerce” was trade. Citation to Randy Barnett. Even the modern precedents require “activity” as a predicate for commerce clause regulation.[…]

3. Necessary & proper does not save the mandate. […]

4. The mandate is not severable from the health control act. Defendants themselves have argued forcefully that the mandate is absolutely essential to the entire regulatory scheme. There is no severability clause. The mandate is tightly integrated into the entire act. […]

6. The entire act is declared void. […] Of course the 11th Circuit might grant a stay, and Judge Vinson might also do so, but as of right now, there is no stay.

The White House immediately made clear that the federal government will continue to implement the Affordable Care Act. I would be shocked if the U.S. Court of Appeals doesn’t grant a stay of Vinson’s ruling, especially since two other U.S. district court judges ruled last year that the individual mandate is constitutional. Vinson’s ruling went further than U.S. District Court Judge Henry Hudson’s decision in December, which struck down the federal requirement that individuals purchase health insurance but let the rest of the law stand. Click here for links to numerous reactions to Vinson’s ruling. Legal analyst Ilya Somin finds the judge’s reasoning persuasive, while Orin Kerr argues that Vinson erred by going against precedent (Supreme court case law). Dave Weigel explains how Congressional Democrats failed to include a standard severability clause in this legislation. Brian Beutler notes that U.S. Supreme Court Chief Justice John Roberts (one of the most conservative members of the high court) recently struck down a single provision of a law that lacked a severability clause.

Representative Steve King (IA-05), a champion of efforts to repeal health insurance reform, was jubilant about yesterday’s news: “Many of us opposed ObamaCare in part because of our oath to the Constitution. Any member who had reservations should now be empowered to vote with those of us who will cut off all funding to ObamaCare starting with the continuing resolution.” The full text of King’s press release is after the jump.

Iowa State Senator Jack Hatch blasted Vinson’s “blatant judicial overreach” and expressed confidence that courts will ultimately uphold the federal law. Hatch chairs the Working Group of State Legislators for Health Reform and joined more than 70 state lawmakers who filed a “friend of the court” brief in the Florida case supporting the constitutionality of the law. The full press release from Progressive States Network and the Working Group of State Legislators for Health Reform is after the jump.

Senators Tom Harkin and Chuck Grassley didn’t release any statement on Vinson’s ruling, which surprised me, since both quickly reacted to Hudson’s ruling against the individual mandate in December. Yesterday Harkin publicized the first in a series of Senate HELP Committee hearings about “the tangible, positive impact that [health insurance] reform is having on Americans’ lives.”

Governor Terry Branstad joined the plaintiffs in the Florida lawsuit two weeks ago (disregarding Iowa Attorney General Tom Miller’s opinion). I was surprised not to see any statement from the Branstad administration on Judge Vinson’s ruling yesterday. I will update this post with further Iowa reaction as it becomes available.

UPDATE: Through the governor’s Twitter account, Branstad’s communications director Tim Albrecht said released this statement:

“This health care law is clearly not sustainable nor is it affordable for the long-term. I believe it would be appropriate for both parties to start over and advance a plan that is more workable.”

When I asked how questions about whether the law is sustainable or affordable related to the constitutional matters at hand (judge rejecting argument against Medicaid expansion but accepting case against individual mandate), Albrecht added, “The governor continues to believe the individual mandate is unconstitutional.” To my knowledge, Branstad has not publicly acknowledged that a few years ago he supported a state mandate to purchase health insurance.

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House votes to repeal health reform, Branstad completes flip-flop

The House of Representatives passed a bill today on “Repealing the Job-Killing Health Care Law Act” by a vote of 245 to 189. Iowa’s delegation split along the usual party lines: Democrats Bruce Braley (IA-01), Dave Loebsack (IA-02), and Leonard Boswell (IA-03), who voted for the Affordable Care and Patient Protection Act last year, voted against repeal. Republicans Tom Latham (IA-04) and Steve King (IA-05) voted against health insurance reform last year and for repealing it. King was delighted: “100% of my language to repeal 100% of ObamaCare just passed the House with 100% Republican support = 100% great day 4 the USA!” Press releases from Braley, Loebsack, Boswell, Latham and King are after the jump. Latham’s statement mentions the main points of the “replacement health care legislation” House Republicans are drafting.

Various groups and politicians have issued statements warning that many Americans will be hurt by repealing the health insurance reform. I’ve posted a few of those after the jump too, but I wouldn’t lose any sleep worrying about that just now. Repeal is a dead letter at least through 2012 and could advance in 2013 only if Republicans capture the U.S. Senate and defeat President Barack Obama.

I found it interesting that only three House Democrats voted for today’s repeal bill, even though 13 current members of the Democratic caucus voted against health insurance reform in the last Congress. Good whipping by Nancy Pelosi and Steny Hoyer, or recognition that popular support for repeal may be declining?

Here in Iowa, Governor Terry Branstad announced on January 18 that he joined the state of Florida’s lawsuit challenging the constitutionality of health insurance reform:

“I am signing on to this suit as the governor on behalf of the people of Iowa, because I believe Iowa taxpayers deserve to be heard on this critical matter,” Branstad said in a statement. “As we begin constructing our five-year budget, there is no doubt that the current federal health care law will shackle Iowa taxpayers for billions in unfunded mandates.”

The suit challenges the individual mandate of the health care reform law, as well as the expansion of Medicaid, the state-federal health insurance program for low-income people, said Branstad spokesman Tim Albrecht.

Branstad’s action is purely symbolic. The case will be litigated no matter how many states sign on as plaintiffs, and if the law is ruled unconstitutional, all states will be affected, not just those that joined the suit. Though I’m not an attorney, it seems that a whole lot of federal laws would have been struck down over the years if unfunded mandates really were unconstitutional.

Legal experts disagree over whether the Commerce clause gives Congress the power to require individuals to purchase health insurance reform.

Politically, Branstad’s opposition to health insurance mandates will boost his standing with the Republican base. They don’t really mind “activist judges,” and they won’t remember that Branstad advocated for a mandate to purchase health insurance as recently as 2007. (He explained why here.) The governor’s legal counsel, Brenna Findley, made the case against the individual mandate a central argument in her campaign against Attorney General Tom Miller last year. Miller supports the federal health insurance reform and has said the law is “heavily on the side of constitutionality.”

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Miller speaks about nationwide foreclosure investigation

Iowa Attorney General Tom Miller spoke out this week about changes attorneys general and bank regulators will seek in order to resolve major problems in the banking and mortgage servicing industry. Miller has led the national mortgage foreclosure working group since October. He discussed the investigation and possible terms of a settlement in a recent Des Moines Register interview and in a December 14 meeting with advocates for reform to reduce foreclosures and compensate homeowners.

Miller’s remarks suggest the settlement will focus on ending all “robo-signing” practices, increasing the number of loan modifications and reducing principal to help keep people in their homes. The investigation may lead to criminal prosecutions as well. More details are after the jump.

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Brenna Findley to be Branstad's legal counsel

Governor-elect Terry Branstad announced yesterday that Brenna Findley will be his administration’s legal counsel. Findley was bound to get a good job in state government, given the national and state Republican money behind her candidacy for attorney general, and the way Branstad promoted her all year long. He also appeared in one of Findley’s television commercials, which he did not do for other down-ticket Republican candidates.

I had heard rumors Findley might be put in charge of the Iowa Department of Public Safety, since her commercials in the attorney general’s race had a strong public-safety angle. On the other hand, the Iowa Senate has to confirm heads of state departments, and some might have questioned Findley’s qualifications for that kind of position.

Findley doesn’t have much experience in the practice of law, but Branstad doesn’t need state senators to confirm his staff appointees. Before running against Attorney General Tom Miller, Findley served as Representative Steve King’s chief of staff for seven years. Earlier this year, she joined a law firm run by former U.S. Attorney Matt Whitaker and State Representative Chris Hagenow, who (like Findley) are both potential Republican candidates for higher office. Branstad’s press release announcing his choice of Findley is after the jump.

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Iowa and national election discussion thread

Time for a new thread on the statewide election results. I haven’t dug into the county-level returns in the governor’s race yet, but Chet Culver didn’t even carry Polk County, which he won with a 21,000 vote margin in 2006. Culver did carry Johnson County, but by a much smaller margin than in 2006. What happened in your area, Bleeding Heartland readers?

UPDATE: Culver carried only eight counties: Black Hawk (Waterloo/Cedar Falls area), Linn (Cedar Rapids), Johnson (Iowa City), Dubuque, Des Moines (Burlington area), Lee (Ft. Madison/Keokuk), Story (Ames), and Jefferson (Fairfield). Culver almost carried Floyd County, where Republicans easily won House district 14. I guess Charles City loves I-JOBS! LATE UPDATE: The unofficial results indicate that Culver did carry Floyd County (barely), by fewer than 100 votes.

Branstad carried Wapello County (Ottumwa) for the first time. In his 1994 landslide victory, Bonnie Campbell carried only four counties: Story, Johnson, Des Moines and Wapello.

The down-ticket Democrats had a lot of ground to make up with Chuck Grassley winning the U.S. Senate race 64 percent to 33 percent and Terry Branstad winning 53 percent to 43 percent. Secretary of State Michael Mauro outperformed Culver, which he wasn’t able to do in 2006, but still fell short against Matt Schultz. It’s a shame to see such a competent public official lose in a wave election. Iowa will continue to benefit from his work to make voting more accessible and secure, with paper ballots. I expect the new legislature to act on Schultz’s top priority, photo ID requirements, and I wonder if they will also revoke same-day voter registration.

Iowa Republicans didn’t miss many targets, but I think they overlooked an opportunity by not investing in the state treasurer’s race. Michael Fitzgerald won his eighth term by an unusually narrow (for him) margin: just under 53 percent to 47 percent. A few hundred thousand dollars thrown toward Dave Jamison’s campaign could have won that race. Jamison didn’t have the resources to improve his name identification or make his case against Fitzgerald. Last year some conservative blogger, it may have been Krusty, said Christian Fong should have challenged Fitzgerald instead of running for governor as a 32-year-old. With his background in finance, his connections to major Republican fundraisers, and his roots in both eastern and western Iowa, Fong might have outperformed Jamison.

Tom Miller winning more than 55 percent of the vote was such a relief. The Republicans threw everything they had at him, and he ran a non-existent campaign until the final month, but he still defeated Brenna Findley convincingly. Miller even carried Woodbury County, where Republicans romped. Now he can get back to work on state attorneys’ coordinated investigation of foreclosure practices:

Mr. Miller’s status as a point man in the multistate investigation has been seen by many observers as a sign that the states will push for a sweeping settlement requiring lenders to implement mortgage modifications allowing homeowners to stay in their houses.

Mr. Miller, who has monitored mortgage-industry practices for years, had already begun discussions with some lenders, including Bank of America. In one meeting last week at Mr. Miller’s office, he and officials from other states told Bank of America executives and outside lawyers that state attorneys general would like additional aid to be offered to borrowers, such as further principal reductions on certain delinquent loans where people owe much more than what their homes are worth, according to people familiar with the meeting.

Doubt Findley would have been interested in seeking concessions from corporations to people underwater on their mortgages.

Environmentalists lost a few supporters in the Iowa Senate last night, but today many advocates are cheering the passage of the Iowa Water and Land Legacy trust fund amendment. I wouldn’t count on that fund being filled anytime soon, and I don’t support a regressive sales tax increase. However, it’s good to know that if Branstad follows through on plans to shift from income taxes to consumption taxes, he won’t be able to avoid allocating more money to soil and water conservation. The big margin of victory for this amendment (62.7 percent yes, 37.3 percent no) was also a blow to the Iowa Farm Bureau Federation’s prestige. Farm Bureau never opposed this amendment the two times state legislators passed it nearly unanimously, and a Farm Bureau representative was on the group that helped shape the amendment wording. For some reason, Farm Bureau decided late in the game to made a play to stop this amendment. In doing so, they disappointed some sympathetic legislators and enraged conservatives who backed a constitutional convention. The Farm Bureau’s messaging urged a no vote on the constitutional convention question as well as the soil and water trust fund.

Please share your thoughts about any of last night’s election results in your town, county or beyond. Iowa City voters upheld the 21-only bar ordinance, by the way.

Feel free to comment on races from outside Iowa that caught your eye. A few U.S. Senate seats haven’t been called, but the chamber seems likely to have 53 Democrats and 47 Republicans. Republicans will pick up between 60 and 70 House seats, meaning they will hold 240 to 250 seats in the new chamber (218 are needed for a majority). Republicans are on track to hold about 30 governorships, although several states have yet to be decided. Republicans swept Michigan, Ohio and Pennsylvania, assuring that they can replicate their successful gerrymanders of those states. Florida approved ballot measures that were designed to limit gerrymandering, but opponents may challenge those rules in court. Florida will still have a Republican governor and legislature, but if the ballot measures stand Democrats may make gains at the state level and in Congressional districts.

Democrats did better in some states (Connecticut, California, West Virginia) than in most others, but a common thread was Republican gains among independents, working-class whites and suburban voters. For instance, Joe Sestak fell just short in the Pennsylvania Senate race, losing to Pat Toomey 51 percent to 49 percent. He did as well in Philadelphia as Bob Casey did four years ago, but couldn’t match Casey’s performance in other parts of the state.

The Republican campaign for president will start winding up any day now, so get ready for more Iowa visitors. On that note, one person who has been touted as a presidential prospect, Mike Pence, may be laying the groundwork to run for governor of Indiana instead.

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AG race: Parties trade allegations over campaign funding

Television commercials on the Iowa attorney general race remain in heavy rotation statewide, and over the weekend both parties raised questions about how that advertising was funded. Republican Party of Iowa Chairman Matt Strawn demanded an investigation yesterday into loans received by Attorney General Tom Miller’s campaign. The Iowa Democratic Party highlighted heavy spending in support of Republican Brenna Findley by outside groups, some of which don’t disclose their donors.

Follow me after the jump for more details.

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Des Moines Register punts on down-ballot statewide offices

The “newspaper Iowa depends upon” won’t endorse a candidate in this year’s races for attorney general, state treasurer, secretary of state, secretary of agriculture or state auditor, Des Moines Register editorial page editor Linda Fandel confirmed to me this week. Fandel told me the newspaper has been inconsistent about endorsing candidates for those offices in the past. She said limited staff time and resources lay behind the decision not to endorse this year. The Register did endorse candidates in the races for governor, U.S. Senate and all five U.S. House seats, as well as the Iowa Supreme Court retention vote, which the editors called the most important election in the state this year.

I understand limits on resources. Compared to previous election cycles, the Register’s newsroom staff is smaller, and its editorial pages contain less content. However, a newspaper that claims to have a statewide profile shouldn’t punt on elections offering such significant contrasts to voters. More thoughts on these campaigns are after the jump.

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AG race: New negative ads hit Miller and Findley (updated)

The attorney general’s race isn’t getting much coverage in Iowa print or broadcast media. Higher-profile campaigns for governor and U.S. Senate, as well as the unprecedented drive to oust Iowa Supreme Court judges, don’t leave much of a “news hole” for candidates seeking down-ballot statewide offices. I doubt many Iowans caught Attorney General Tom Miller and Republican Brenna Findley’s debate, since it has only been broadcast at odd hours on Mediacom Channel 22. The candidates had little time to discuss issues in depth during their joint appearance on Iowa Public Television.

As a result, 30-second commercials during news and entertainment programs will be all most Iowa voters see about the attorney general race. This week new ads targeting Miller and Findley hit Iowa tv screens. To my knowledge, none of the video clips have been posted online, but I taped the ads. Transcripts and descriptions of the visuals are below. UPDATE: Scroll down for a description of the Findley campaign’s latest commercial.

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AG race: A close look at the Miller-Findley debate

Iowa Attorney General Tom Miller and Republican challenger Brenna Findley debated at the University of Iowa law school on October 20. I read the news coverage of the debate highlights at at the Des Moines Register blog, WCCC.com, Radio Iowa and IowaPolitics.com, but I was anxious to watch for myself. This afternoon Mediacom showed the debate, and I was able to take detailed notes, which you can read below. Both candidates communicated their central message well. Findley tried to keep the incumbent on the defensive, but I thought Miller handled her points and defended his record well. He also noted several times when her ideology or lack of experience seemed to affect her views on the attorney general’s proper role.

Unfortunately, Iowa Public Television isn’t showing this debate, and to my knowledge Mediacom has not posted the full video. Miller and Findley appeared jointly on IPTV earlier this month (video and transcript here), but although they touched on some of the same issues, that discussion lacked the depth and intensity of the one-on-one debate. Mediacom cable subscribers have one more chance to watch the attorney general candidates’ debate on Channel 22 this Sunday, October 31, at 7 am.

I have another post in progress on this campaign, because both candidates are running new negative television commercials this week. Also, the Progress Project, which is closely linked to the American Future Fund, is up on television with an attack on Miller.

My play-by-play of the Miller-Findley debate is after the jump.  

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Iowa GOP all in for AG candidate Findley

The latest round of financial reports for Iowa statewide candidates are available on the Iowa Ethics and Campaign Disclosure Board website, and once again Republican attorney general candidate Brenna Findley has turned in strong numbers. Thanks to transfers totaling $547,500 from the Republican Party of Iowa, Findley raised $756,617 between July 15 and October 14. During the same period, Democratic incumbent Tom Miller raised $243,326. The huge support from the Iowa GOP allowed Findley to spend more than twice as much as Miller during the reporting period ($661,252 to $298,604). Most of each candidate’s spending went toward advertising: $564,000 for Findley and $225,000 for Miller. Findley has been up on statewide radio for a month and started running television commercials before Miller did. To my knowledge, Miller has not done any radio advertising. Lynn Campbell listed the largest donors to the Findley and Miller campaigns at IowaPolitics.com.

The state party’s massive support for Findley is striking. Republicans have not run a strong challenger against Miller for ages. The party didn’t even nominate a candidate for attorney general four years ago. Also, the Iowa GOP did essentially nothing for state treasurer candidate Dave Jamison or secretary of state candidate Matt Schultz. Jamison received contributions from several of Findley’s high-dollar individual donors and some of the same political action committees backing her (including those created by potential presidential candidates), but the only direct support from the Republican Party came from some GOP county central committees. Schultz received donations from some of those presidential candidate PACs but even less than Jamison from the county central committees and “usual suspect” individual donors.

One could argue that Findley earned the party’s backing through her strong fundraising. She reported far more donations in May and July than the other Republican challengers for statewide offices. Without any financial support from the Iowa GOP, Findley would still have been competitive with her opponent’s contributions and cash on hand totals. She has been an energetic campaigner all year, and serving as Representative Steve King’s top staffer for seven years probably opened a lot of doors for her in terms of fundraising.

Jamison raised $60,479.25 between July 15 and October 14. That was more than the $32,070.52 State Treasurer Michael Fitzgerald raised during the same period, but Fitzgerald had $94,073.48 cash on hand as of October 14 compared to $14,608 for Jamison. Schultz raised $25,903.60 since the July disclosure reports, while Secretary of State Michael Mauro raised $52,862.51. Mauro had $64,267 on hand as of October 14, while Schultz had $7,000.94 on hand and $18,174.77 in unpaid bills to himself. If I were Jamison or Schultz, I’d be upset to be ignored by the state party that gave Findley more than half a million dollars. A hundred thousand or two for Jamison and Schultz would have been enough for a bare-bones paid advertising campaign.

Republican gubernatorial candidate Terry Branstad has been praising Findley at just about every campaign stop for months. He makes a brief appearance in one of her tv ads too. Before the June primary, I thought perhaps Branstad was singling out Findley because there were competitive GOP primaries for the other offices. However, even after winning their primaries Jamison and Schultz haven’t received as much attention or help from Branstad as Findley has.

Bleeding Heartland readers, share your own thoughts about the Iowa Republican establishment’s strong support for Findley in this thread.

Final note on the attorney general’s race: Findley and Miller debated yesterday in Iowa City. You can read about the highlights at the Des Moines Register blog, WCCC.com, Radio Iowa and IowaPolitics.com. Unfortunately, the debate won’t be broadcast on Iowa Public Television, but Mediacom cable subscribers can watch it on channel 22 at 2 pm on October 26 and 11 am on October 31. In the Cedar Rapids/Iowa City market, Mediacom subscribers can watch the debate at 7 am on October 24, 8 pm on October 25 or 7 am on October 31.

Crime-fighting the focus of Tom Miller's first commercial

Iowa Attorney General Tom Miller started running television commercials this week. I didn’t see the video on YouTube or his campaign website, but I taped it during the lunchtime newscast on KCCI. UPDATE: The video is now available on YouTube:

My transcript:

Male voice-over: His number one priority: protecting Iowans. Attorney General Tom Miller [photo of Miller, words “Tom Miller Protecting Iowans” on screen]

582 dangerous criminals sent to prison for life–Tom Miller. [Words “582 in prison for life–Tom Miller Attorney General” on screen]

84 sex predators and rapists kept in prison beyond their original terms. [words “84 predators and rapists kept in prison” on screen]

And he continues to lead the fight in the legislature for tougher laws on sex predators–Tom Miller. [photo of Miller, words “tougher laws on sex predators, Tom Miller Attorney General” on screen]

A mortgage hotline helping twelve thousand Iowans struggling to keep their homes. [words “12,000 home owners helped” on screen]

Cracking down on crime, standing up for Iowans. Tom Miller: A tough crime-fighter, a proven attorney general.

They certainly mentioned his name a lot of times, which is important for an incumbent who’s not in the news every day. I would like Miller to emphasize his consumer protection work, but I’m not surprised he went with the “tough on crime” angle. Republican attorney general candidate Brenna Findley is running tv and radio ads emphasizing her commitment to locking up sex predators (which implies the incumbent is not doing that job).

Miller has lobbied the state legislature for tougher laws on sex predators, so his commercial is accurate. I think it’s worth noting that while the U.S. Supreme Court has upheld state laws keeping sex offenders in custody beyond their terms, the programs “have almost never met a stated purpose of treating the worst criminals until they no longer pose a threat.”

The mortgage help hotline is important, and Miller should talk more about that kind of work before the election.

Speaking of foreclosures, the Attorney General’s Office announced today that Miller “is leading a 49-state bipartisan mortgage foreclosure working group, as part of a coordinated national effort by states to review the practice of so-called ‘robo-signing’ within the mortgage servicing industry.” The Wisconsin-based Daily Reporter has more on that effort. I’ve posted the press release from the AG’s office after the jump.

UPDATE: The Iowa Student Bar Association of the University of Iowa College of Law is sponsoring a debate between Findley and Miller, now scheduled for October 20 at the law school in Iowa City. Law students will submit the questions in advance.

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Catching up on the Iowa attorney general's race

Republican attorney general candidate Brenna Findley has been one of the hardest-working challengers in Iowa this year. For months, she’s been campaigning across the state, and she’s raised lots of money, helped by her close ties to Representative Steve King and an enthusiastic booster in Terry Branstad. Findley launched her introductory television commercial this week and has had a radio ad running since mid-September. In contrast, 28-year Democratic incumbent Tom Miller has been mostly invisible on the campaign trail.

Findley’s introductory tv and radio ads are after the jump, along with some other recent news from the attorney general’s race.  

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Egg recall news: Northey and Thicke to debate, Sierra Club wants broad investigation

Republican Secretary of Agriculture Bill Northey will debate his Democratic challenger Francis Thicke on September 11, the Thicke campaign announced today. The Spencer Daily Reporter is sponsoring the debate, which will take place from 11 am to 12:30 pm at the Clay County Fairgrounds, during this weekend’s county fair. The Thicke campaign’s press release states that the Spencer public access cable channel will broadcast the debate, but I hope Iowa Public Television and other media organizations will bring the exchange to a wider audience. Thicke argues,

Iowa voters deserve a full discussion of the issues that are important in this campaign – protecting water and air quality; local food production; local control over – and reducing the impacts of – concentrated animal feeding operations (CAFOs); more diversity on the landscape, including more use of cover and perennial crops; and truly sustainable, renewable, farmer-owned energy systems for agriculture.

Thicke is seeking five debates with Northey, one in each of Iowa’s Congressional districts, but details about other possible meetings have not been finalized. The candidates clashed last week over the Iowa secretary of agriculture’s responsibility to inspect feed mills like the one where a recent salmonella outbreak seems to have originated.

Northey has won the endorsement of the Iowa Farm Bureau Federation and the Iowa Association of Business and Industry, while Thicke has the Iowa Farmers Union’s endorsement. Last month Thicke published the questionnaire he completed for the Farm Bureau Federation and called on Northey to do the same, so that “so that Iowa voters can determine for themselves where each candidate stands on critical farm issues.”

In related news, today the Iowa Chapter of the Sierra Club sent an open letter to Attorney General Tom Miller requesting a “thorough investigation of the circumstances surrounding the egg recall for shell eggs produced by Wright County Egg and Hillandale Farms Inc for violations of state law. This investigation should also include Quality Egg LLC Feed Mill, the supplier of the feed to both egg producers.” I’ve posted the full text of the letter after the jump. It includes a detailed list of facts supporting the Sierra Club’s view that the egg producers showed “reckless disregard for the health and well-being of the public.” To prevent similar violations in the future, the Sierra Club is also asking the Attorney General’s Office to consider possible “internal policy changes, legislative needs, and administrative rule changes.”

Miller recently returned a $10,000 campaign donation that Peter DeCoster made in 2005. DeCoster’s father owns the company at the center of the egg recall.

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Egg recall linkfest: Northey's inaction, Thicke's vision and Branstad's delusion

Democratic Secretary of Agriculture candidate Francis Thicke spoke this morning about the recall of half a billion eggs originating from two Iowa companies. I’ve been wondering why our current Secretary of Agriculture, Bill Northey, has kept quiet about the salmonella outbreak that prompted the largest food recall in history. Thicke pointed out that Northey had the authority to license and inspect feed mills like the one that served “habitual violator” Jack DeCoster’s operations, but instead Northey did nothing.

More details on the perspectives of Northey and Thicke are after the jump, along with many other links on the egg recall story.

If you think Northey’s failure to prevent or adequately respond to this disaster is outrageous, wait till you hear the agriculture policy Republican gubernatorial candidate Terry Branstad rolled out this week.

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Republican Iowa poll roundup

It’s been months since we’ve had new public nonpartisan polling of Iowa general election matchups, but three Republican polls have come out in the last ten days. None of them hold good news for Iowa Democrats.

After the jump I summarize results from statewide polls done by Rasmussen Reports and Voter/Consumer Research for The Iowa Republican blog, as well as a Victory Enterprises poll of Iowa’s third Congressional district race.

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Iowa statewide candidate fundraising roundup

The latest round of statewide and state legislative candidate financial reports are available on the website of the Iowa Ethics and Campaign Disclosure Board. For most candidates, these reports cover money raised and spent between June 2 and July 14. Some of the candidates didn’t file a June 4 disclosure report, and in those cases the latest filing covers the period from May 15 to July 14.

Fundraising numbers for Democratic and Republican candidates for statewide offices are after the jump. In addition to money raised and spent and cash on hand figures, I’ve listed the largest donors for each candidate. I am working on a post about the noteworthy fundraising figures from Iowa House and Senate candidates. John Deeth hit some highlights at the Des Moines Register blog. It’s important to remember that leadership committees for both parties will also spend a lot of money in the battleground legislative districts.

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Findley pulls in big money for attorney general race

Financial reports for Iowa statewide candidates covering the period from January 1 through May 14 are now available at the Iowa Ethics and Campaign Disclosure Board website. John Deeth summarized the numbers for the statewide races other than the governor’s race, which I discussed earlier today.

The biggest surprise to me was Republican Brenna Findley’s haul in the attorney general’s race. She raised $124,078 since January 1 and has $95,528 on hand. Incumbent Attorney General Tom Miller clearly wasn’t focused on raising money, bringing in just $15,748. Because he started the year with nearly $90,000 in his account, he still has more cash on hand than Findley ($105,200), but Findley has a larger donor base (more than 700 donors).

As a long-time top staffer for Representative Steve King, Findley probably benefits from his donor contacts. It can’t hurt that Terry Branstad is talking up Findley at every campaign stop too. Deeth concludes, “We may have found our downballot sleeper race for the general election.” I don’t think Findley has a chance against Miller, who has been elected attorney general seven times. But she will be able to run a statewide campaign and raise her profile substantially. Miller will have to take this race seriously. His campaigning skills may be rusty, since Republicans gave him a pass in 2006. However, he has a strong record, and it’s worth recalling that he was returned to the attorney general’s office in 1994, an atrocious year for Iowa Democrats.

In all the other statewide races, the incumbents have huge financial advantages over their challengers. Secretary of State Michael Mauro has raised $30,021 since the start of the year, more than his three Republican opponents combined. Mauro has just under $128,000 on hand, whereas Matt Schultz and George Eichhorn both have more outstanding bills than cash on hand, and Chris Sanger has only about $400 on hand. Deeth has more on who’s given to Schultz and Eichhorn. Speaking of this race, I learned recently that the Secretary of State Project has endorsed Mauro.

State Treasurer Michael Fitzgerald hasn’t raised much money so far in 2010 ($4,179), but he started the year with nearly $114,000 and spent almost nothing, leaving about $117,770 cash on on hand. Two Republicans are running against Fitzgerald, and their campaigns have less than $10,000 cash on hand combined. Story County Treasurer Dave Jamison has broader support than James Heavens of Dyersville, who loaned his campaign most of the money raised.

Republican Secretary of Agriculture Bill Northey raised nearly $40,000, and even though he spent quite a lot for this early in the campaign ($53,920), he still has $247,535 on hand. Democrat Francis Thicke raised $58,439, including a $10,000 contribution from the candidate, and has an impressive number of donors (at least 300). He spent a little more than $25,000 and has $33,320 on hand. Corporate interest groups will make sure Northey has tons of money to spend. Thicke will have to run a more grassroots campaign.

Share any thoughts about the statewide races in this thread.

Iowa Department of Public Health having trouble with marriage equality

When some Republicans tried to convince county recorders not to issue marriage licenses to same-sex couples last April, Iowa Department of Public Health officials made clear that ignoring the Iowa Supreme Court’s Varnum v Brien ruling was not an option. Unfortunately, the IDPH has determined that marriage equality does not require equal treatment for married gay couples who become parents. Now IDPH Director Tom Newton has foolishly decided to fight a lawsuit brought by a married lesbian couple seeking to have the non-birthing spouse listed on their child’s birth certificate. Heather and Melissa Gartner sued senior IDPH officials on behalf of their daughter this week, having tried and failed to resolve the matter through administrative channels.

Based on advice from the Iowa Attorney General’s Office, the IDPH contends that the non-birthing spouse must complete the adoption process in order to be listed as the second parent on a child’s birth certificate, even if the child was born after the parents were legally married. I’m a big fan of Attorney General Tom Miller, but his office blew it on this one.  

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Miller requests special prosecutor for casino donor investigation

Iowa Attorney General Tom Miller announced yesterday that he is asking the State Executive Council to appoint a special prosecutor to look into allegations that three backers of a new casino in Fort Dodge made illegal contributions to Governor Chet Culver’s re-election campaign. Miller is recommending Lawrence Scalise, who is both a former attorney general and a former chairman of the Iowa Racing and Gaming Commission.

“This was not an easy decision,” Miller said [in a prepared statement]. “My office has rarely withdrawn from a case in this manner. However, I believe the need for public confidence in the criminal justice process outweighs any other consideration.”

Miller did the right thing. A longtime aide in the Attorney General’s Office, Donn Stanley, has just taken over as campaign manager for Governor Culver. Although no one from the Culver campaign appears to be a target in the criminal investigation, there is clear potential for a conflict of interest. Republicans would have screamed about a cover-up if an investigator from Miller’s office found no wrongdoing by the governor’s campaign. Brenna Findley, the Republican candidate for attorney general, has been calling on Miller to step back from the investigation.

The three Fort Dodge residents whose donations have been questioned say their contributions to Culver’s campaign came from personal funds, and a spokeswoman for the company that would manage a new casino in Fort Dodge has denied that the company instructed its local consultants to give to Culver’s campaign.

On Tuesday the Racing and Gaming Commission held a lengthy hearing about four applications for new Iowa casinos. Culver has publicly supported new casinos for a long time and sent commissioners a letter in March urging them to approve all four applications. A decision is expected on May 13. My hunch is that only the casino proposed for Lyon County in far northwest Iowa will be approved, because it is unlikely to draw business away from any of Iowa’s existing casinos. The nearest population center is Sioux Falls, South Dakota.  

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Why does Terry Branstad keep talking up Brenna Findley?

Republican gubernatorial candidate Terry Branstad has become the most prominent booster of Brenna Findley, the GOP candidate for Iowa attorney general. Branstad brings up Findley’s candidacy “in every speech” while campaigning around the state. He also talked up her candidacy on Iowa Public Television’s Iowa Press program and in the first gubernatorial candidates’ debate.

Findley has an unusual resume for an attorney general candidate. A longtime staffer for Representative Steve King, and before that for Iowa statehouse Republicans, Findley hasn’t practiced law in some time. According to Cityview’s Civic Skinny, Findley doesn’t even hold an active license to practice law in Iowa. She doesn’t seem to have a firm grasp of the attorney general’s job either. Her campaign began with a focus on job creation and has since shifted to the alleged unconstitutional nature of health insurance reform.

But for the purposes of this post, I’m less interested in Findley than in why Branstad talks about her so much. After the jump I explore some possibilities.

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Varnum v Brien anniversary thread and linkfest

One year ago today, the Iowa Supreme Court unanimously ruled that our state’s Defense of Marriage Act violated the equal protection provision of the Iowa Constitution. From the day that ruling went into effect through the end of 2009, at least 1,783 same-sex couples received marriage licenses in Iowa. The real number is probably higher, because about 900 marriage licenses did not specify the gender of the couple involved.

Follow me after the jump for a review of news about marriage equality in Iowa, stories featuring happy couples, and thoughts about the future politics of this issue.  

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Founding Father signed health insurance mandate into law

State attorneys general have filed two federal lawsuits challenging the individual mandate to purchase health insurance, which President Barack Obama signed into law last week. Those lawsuits look like pure political posturing to me, given the well-established Congressional powers to regulate interstate commerce and taxation.

It turns out that precedent for a health insurance mandate is much older than the 1930s Supreme Court rulings on the Commerce Clause. Thanks to Paul J. O’Rourke for the history lesson:

In July, 1798, Congress passed, and President John Adams signed into law “An Act for the Relief of Sick and Disabled Seamen,” authorizing the creation of a marine hospital service, and mandating privately employed sailors to purchase healthcare insurance.

This legislation also created America’s first payroll tax, as a ship’s owner was required to deduct 20 cents from each sailor’s monthly pay and forward those receipts to the service, which in turn provided injured sailors hospital care. Failure to pay or account properly was discouraged by requiring a law violating owner or ship’s captain to pay a 100 dollar fine.

This historical fact demolishes claims of “unprecedented” and “The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty…”

Perhaps these somewhat incompetent attorneys general might wish to amend their lawsuits to conform to the 1798 precedent, and demand that the mandate and fines be linked to implementing a federal single payer healthcare insurance plan.

O’Rourke posted the full text of the 1798 legislation as well.

I’m not one to claim American’s “Founding Fathers” could do no wrong; after all, President Adams also signed the Sedition Act, which violated the First Amendment. But Republican “strict constructionists” say we should interpret the constitution only as 18th-century Americans would have understood it. Some claim judges should cite only 18th-century sources when interpreting the constitution. Well, Congress enacted and the president signed a health insurance mandate less than a decade after the U.S. Constitution went into effect.

I don’t expect these facts to affect Republican rhetoric about health insurance reform. Thankfully, Iowa Attorney General Tom Miller is not wasting our state’s money on this frivolous lawsuit. So far I haven’t heard any Republicans demand his impeachment, as some GOP legislators are doing in Georgia.

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Top Steve King staffer running for attorney general

Iowa Republicans let Attorney General Tom Miller run for re-election unopposed four years ago, but Brenna Findley confirmed today that she is stepping up to the plate for the GOP this year:

Raised on a farm near Dexter in southwest Dallas County, Findley, 33, attended Drake University in Des Moines and graduated with a Bachelor of Arts in Political Science and History and minor in Russian with honors. After Drake, Findley attended the University of Chicago Law School. While at the University of Chicago, she served as Symposium Editor of The University of Chicago Law School Roundtable, a law journal, and worked for small business clients in the Institute for Justice Clinic on Entrepreneurship to help entrepreneurs start their own businesses. Upon graduation from law school, she worked in private practice.

“Iowa needs an Attorney General who is a strong advocate for Iowa’s economy and understands what it takes to create private sector jobs in every community and in every county,” said Findley. “My background and experience have given me the understanding about what it takes to ensure Iowa is a family friendly state where jobs, opportunity and prosperity can thrive in every community. Small business is the engine for job growth- my office will be small business friendly,” she added.

Findley has served as Chief of Staff and senior Judiciary Committee staff member to Iowa Congressman Steve King (R-Kiron) since 2003. In her work with the Judiciary Committee in the U.S. House of Representatives, she has dealt with and gained significant expertise on many of the most pressing legal issues of the day. As Chief of Staff to Congressman King, Findley serves 32 counties in western Iowa, managing six offices and staff.

Craig Robinson of The Iowa Republican is excited about Findley’s candidacy for many reasons:

Brenna Findley is not just the young go-getter up against an incumbent past retirement age. Findley is the rare combination of youth and accomplishment. Findley has spent time in Iowa’s campaign trenches and worked throughout the GOP’s caucus-to-convention process. But, most importantly, Findley has battled the constitution’s demolition crew in the Judiciary Committee in the United States Congress.

For those who are unaware, the Judiciary Committee in the U.S. House of Representatives is the front line in America’s culture war. Conservatives debate with the loony left like John Conyers, Jerry Nadler, Maxine Waters, and Sheila Jackson Lee each and every day on each and every issue. In this venue, Findley has seen and heard every liberal argument for dismantling the rule of law. Findley has proven she can handle the legal distortions from the best the intellectually challenged Left has to offer.

I have to laugh when a close associate of Steve King is held up as a champion of the rule of law. King is the member of Congress who disrupted the testimony of former top Pentagon official Douglas Feith during a Judiciary Committee hearing and suggested to former White House spokesman Scott McClellan that he could have “done this country a favor” if he had kept his mouth shut about Bush administration lying and law-breaking. In King’s world, Congress should only conduct oversight of the executive branch if Democrats are in power.

Anyway, Findley has no hope of defeating Miller, who has a long and distinguished record. He was first elected attorney general in 1978, left the position to run for governor in 1990 (he lost the Democratic primary), and was re-elected in 1994 despite the enormous Republican landslide in Iowa that year. It sounds as if Findley will try to depict Miller as unfriendly to small business, but I doubt she’ll have much luck there.

Still, this race should be a good opportunity for Findley to build name recognition. It may also be good for Iowa Republicans to have a woman on the ballot–not because she will leave liberals to “tic, twinge, and sputter,” as Robinson suggests, but because the Iowa GOP hasn’t nominated a woman for a statewide office in a while. Findley’s someone to keep an eye on, and I’ll be curious to see how she positions herself during this campaign.

CORRECTION: John Deeth reminds me in the comments that Mary Ann Hanusa became the GOP candidate for secretary of state in 2006 after the nominee withdrew from the race.

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