CERDAFIED - Former New Mexico Governor and current Libertarian Party nominee, Gary Johnson, filed a complaint in Federal Court in the District of Columbia on October 19th citing survey data that would have allowed Johnson to participate in the presidential debates according to the criteria set by the Commission on Presidential Debates.
Alicia Dearn, campaign counsel to Johnson stated, “The CPD requirements say Johnson must register support of at least 15 percent of the vote in five recent polls.’” Gary Johnson has in fact earned more than 40 percent of the vote in “head-to-head” polls against President Barack Obama.
The CPD excluded Johnson from the polls, even though he met CPD’s criteria. Johnson has missed the first two debates, and has but one last chance to participate if the court rules in their favor. However, they want a permanent injunction that changes the fundamental unfairness of how future presidential debates will occur
The Court was asked to compel the CPD to include Johnson. The Commission on Presidential Debates is a private organization created by the Republican and Democratic Parties. Its admitted purpose is to control the presidential debate process. An MOU between the two parties establishes guidelines for the participants in the utmost detail.
The 2012 Debates - Memorandum of Understanding Between the Obama and Romney Campaigns has been released to the public. The contract was released by Mark Halperin, the editor-at-large and senior political analyst for TIME. The MOU has only been released on 4 other occasions.
“The American people need to understand that the presidential debates are televised productions of the Republican and Democratic Parties. Nothing more. And those productions are designed to exclude alternative voices and ignore the simple fact that one-third of the electorate does not belong to their exclusive clubs.” Alicia Dearn said.
Critics complain that the event which is staged as a “townhall” is far from it. The moderator has the power to choose which questions are asked and of whom. The moderator’s interjections of opinion are also frowned upon. And as the number of independent voters continues to rise due to voter dissatisfaction, voters are eager to hear from the third party candidates.
Presidential debates are extremely important and contribute greatly to the selection process. Campaign contributions increase after debates, and the amount of money funding a campaign determines the likelihood of winning an election. Johnson, as well as all the other candidates, are indeed at a disadvantage. They miss out on the free publicity and access to 60,000,000 television viewers, the opportunity to debate the incumbent, and the opportunity to raise more campaign funds.
The Federal Court is being asked to determine 4 separate and compelling issues;
1. Is there a breach of contract?
2. Is there a breach of implied contract?
3. Is there a breach of covenant of Good Faith and Fair Dealing?
4. Is there Unlawful Discrimination in Violation of the Human Rights Act?
Johnson is “requesting injunctive relief, as well as compensatory damages, against the Commission. More particularly, Plaintiffs seek to restrain Defendant from engaging in unlawful practices that discriminate against presidential candidates based on the their political party affiliation and to compel the Commission’s full performance on a contract it had with Plaintiffs, and for damages for the breach of that contractual bargain”, according to the complaint.
Moreover, the complaint claimed, “Governor Romney was included in the debates based on polls that were head–to-head between President Obama and Governor Romney. Polls comparing Governor Johnson head-to-head with President Obama similarly meet the criteria. Governor Johnson performed on the criteria in the same manner that was accepted by the Commission for Governor Romney.”
The complaint surmises, “Because the Commission holds the only nationally televised debates for the office of President of the United States, the full value of participation in the debates is immeasurable, priceless and impossible to calculate.”
The CPD’s website states, ”In order most fully and fairly to achieve the educational purposes of its debates, the CPD has developed nonpartisan, objective criteria upon which it will base its decisions regarding selection of the candidates to participate in its 2012 debates. The purpose of the criteria is to identify those candidates who have achieved a level of electoral support such that they realistically are considered to be among the principal rivals for the Presidency.”
The travesty is not just for Johnson, it’s for every 2012 US Presidential Candidate, and every American voter who has been manipulated by a process so biased and routinely unfair. I love the fact that Johnson has taken the bull by the horns. If you’re suggesting you’re an agent for change….such as Obama and Romney suggest they are….change starts at the first sign of the injustice. Bravo Johnson!!! You have already proven yourself.
(Lisa Cerda is a contributor to CityWatch, a community activist, Chair of Tarzana Residents Against Poorly Planned Development, and former Tarzana Neighborhood Council board member.) –cw
CityWatch
Vol 10 Issue 85
Pub: Oct 23, 2012