Date: December 10, 2008
From: Nelson Mullins
To: Will Folks
Subject: Scarborough spin

Please post the following procedural precis immediately in a blog favorable to our client’s appeal of the November 4 election in House District 115: “First it would be heard by the House Judiciary subcommittee on Election Law, which is chaired by Rep. Alan Clemmons. Evidence would be presented before that panel, with another hearing before the full Judiciary Committee. If both bodies submit a recommendation to void the election, then the full House votes up-or-down on that recommendation.”

Publish that precis word for word. Under no circumstances — repeat, NO circumstances — should you make any reference to the fact that the House would be hearing our client’s appeal as an appellate body and, as such, is not a finder of fact and must accept as true the findings made by the state board of canvassers when it upheld the election, or to the fact that the House can only void the election if it finds that board clearly committed an error of law. Also avoid any reference to the fact that an elected body throwing out a valid election that has been already beeen confirmed by the state board of canvassers, which heard evidence firsthand in a lengthy hearing — is unheard of.

Finally, in order provide cover for Republicans in the House who would like to void the election, but fear public retribution at the polls next time around, include in your post this quote from an anonymous legislator: “Scarborough’s biggest problem is many members of the body think they are being asked to ignore the results of an election. No one wants to do that. No one is going to just install him into the seat.” Then have that “legislator” say something along these lines: “Scarborough’s support in the chamber improves dramatically when members realize that their choice is whether or not to void the election results based on the evidence presented.”

Under no circumstance should you make any reference to the fact that any legislator with an IQ above 80 could possibly think the House had the power to “just install Scarborough into the seat.” That must seem to be a plausible mistake that any legislator could make in order for the spin to work. But then, I am telling you something you already know. Just do what you do best.