GOP political operative Robert Cahaly will sue the S.C. State Law Enforcement Division (SLED) for wrongful arrest if he is detained on charges of making illegal robo-calls, a source close to the rotund Republican consultant tells FITS.
“This one is going to blow up in the Democrats’ faces,” the source told FITS, adding that Cahaly obtained an advisory opinion from the S.C. Attorney General’s office prior to producing the controversial calls.
As reported exclusively by FITS earlier today, SLED is currently seeking the GOP operative for questioning regarding his role in several potentially-illegal robo-calls – including one call which was made on behalf of S.C. Speaker Bobby Harrell.
The other calls were made against a trio of female Democratic State House candidates, including incumbent Reps. Anne Peterson Hutto and Vida Miller.
State law prohibits political robo-calls to live recipients.
(To read our full report on the robo-call scandal, click here).
UPDATE: Here is the Attorney General’s advisory opinion that our source is apparently referencing. Ironically, it was requested by S.C. Rep. Thad Viers, who has had his share of problems when it comes to using the telephone (“skullf*ck,” anyone?). Anyway, as far as we can tell this opinion merely regurgitates the existing statutes prohibiting political robo-calls – it does not in any way, shape or form authorize the sort of calls that Cahaly is alleged to have engaged in on Harrell’s behalf.
UPDATE II: Hmmmm …Cahaly has agreed to voluntarily surrender to SLED agents on Wednesday.
UPDATE III: For those of you wondering who the hell Cahaly is, here’s his bio from the Conservative Leadership Institute in Washington, D.C.
UPDATE IV: Here’s the SLED release outlining the charges against Cahaly … and below are the warrants issued for his arrest.
***
By Watching and Waiting November 2, 2010 at 1:30 pm
2 interesting points – one, an AG’s opinion is about as useful as toilet paper. Secondly, that means he’ll have to hire….God forbid…a “trial lawyer”
By hgyjutty November 2, 2010 at 1:43 pm
The people over at SLED are good people and are just trying to do their jobs. Looks like they are being bamboozled by peer pressure by the Democrats to make an arrest before the election. After reading the opinion from McMaster, looks like no law was broken here.
By courier72 November 2, 2010 at 1:46 pm
http://www.wistv.com/Global/story.asp?S=13429729
“Cahaly has made arrangements to surrender to SLED agents Wednesday.”
By Election Day Fun November 2, 2010 at 1:50 pm
If you are told something is legal, why wouldn’t you do it? No doubt Democrats are behind this. Very typical for them to twist truth and turn things around. Reminds me of the Alvin Greene situation, who cares if a republican may have paid is way into the race, the Democrats still voted for him.
By James Is November 2, 2010 at 1:51 pm
I got the call in Charleston. It was not a robocall. It was a poll asking my opinion about Anne Peterson Hutto and Nancy Pelosi.
I get these kind of automated telephone polls all the time. What is the difference? Maybe we could ban political polling calls all together!
By Fish November 2, 2010 at 1:53 pm
I that elephant representative of the GOP, or Cahaly’s enormous ass ?
By Jane November 2, 2010 at 1:54 pm
No wonder the arrest warrants cant be found.. he had a statement from the Attorney General saying what he did was legal. This just feels like the democrats are grasping at straws…
By Weisbach November 2, 2010 at 2:35 pm
Unfortunately, I’m with Fish.
Robert is just about the biggest man I’ve ever seen in a suit.
Lord…
By crackahasscrackah November 2, 2010 at 2:40 pm
An Attorney General’s opinion is worthless. Cahaly client Thad Viers got Lameduck Henry to issue the opinion simply to put the arrest off until after Election Day.
The statute itself could not be more clear. And Cahaly violated it. Cahaly has to burn his PTI now. Viers should be careful since his has already been burned.
What this is really about – as Will keeps hinting at but nobody seems to notice – is Bobby Harrell. Once in custody, the heat will come down on Stay-Puft Marshmallow Man to flip on the Speaker. And a Governatrix Haley and her submissive Reggie Lloyd will be all about putting the screws to Bobby Harrell. And I can’t see Stay-Puft holding up under the heat very well at all.
On a related note, isn’t it about time for Reggie Lloyd to job-hop again. Two years is about his maximum anywhere, private sector or public.
By sclawboy November 2, 2010 at 2:44 pm
Is there any evidence or suggestion that Democrats are behind SLED’s investigation?
Sadly, the Dems in this state are so impotent for the most part that they can’t take a piss without permission from a RINO.
And Ken Ard is having a shitty day.
By Savannah Kennedy November 2, 2010 at 3:10 pm
6 warrants for Cahaly could never have been set up by the democrats dream on. They have NO power in SC – end of story. Cahaly surrendering to SLED is just the beginning of this story. SC politics is hotter than a telenovela and you don’t even need pesky subtitles. Good thing since our literacy rate is so low.
By Dabo Swinney's Army November 2, 2010 at 3:11 pm
“Cahaly” and “blowing up” in the same sentence….ewwwww
By Election Day Fun November 2, 2010 at 3:13 pm
Just fyi…WIS has taken the story about this off of their website…
By Beauregard November 2, 2010 at 3:20 pm
Even if Cahaly is found guilty, we’re only talking about a misdemeanor here with a $250 fine – and that’s just if he’s guilty. This is obviously a ploy by Democrats to gain some minor victory through the courts that they can’t get at the polls!
By Watching and Waiting November 2, 2010 at 3:53 pm
The opinion is clear. If he was making them to live people versus answering devices, and it was unsolicited, then he COULDN’T make them. Also, if they were more than a “snapshot” they were illegal. The question becomes, what was said in the calls. The AG’s opinion (although worthless) cuts both ways. The question is did Cahally follow the opinion or think that it just gave him a free pass?
South Carolina law allows and the Attorney General’s office has concluded that political telephone calls are acceptable to telephone answering machines but not to live answerers. You are correct in your assumption in that we believe such calls are allowed inasmuch as the recorded telephone message is delivered to an
answering machine and not to a live person.
S.C. Code Ann. § 16-7-446 states that
(A) “Adad” means an automatically dialed announcing device which delivers a recorded message without assistance by a live operator for the purpose of making an unsolicited consumer telephone call as defined in Section 16-17- 445(A)(3). Adad calls include automatically announced calls of a political nature including, but not limited to, calls relating to political campaigns.
The purpose of the ADAD law is to prohibit the unwarranted invasion by automated dialing devices in order to promote advocacy of a “product” including a particular candidate. Thus, as long as these polling calls, even if they are of a political nature, do not advocate a particular political candidate but simply obtain a “snapshot” opinion of a voter, they may be made.
By Carolinadancer November 2, 2010 at 4:06 pm
And then there’s the federal laws, which state that whomever makes a telemarketing call, whether it be for political, fundraising, or business purposes, must give a toll-free number that the recipient can use to take themselves off of the telemarketing list. According to those that received the call, no number was offered, and no responsible organization was named in the call, another requirement. If he had followed the rules he might have been okay, but apparently he didn’t want anyone to know who was behind the calls.
By Patrick November 2, 2010 at 4:14 pm
You’re right -Lloyd may leave but his term was for ten years so he will outlast Halwy before she is indicted or is forced to resign.
Only reason why this came out today is so Ar can succeed Haley as opposed to Cooper. Way too much money riding on this deal.
By Huhhh??? November 2, 2010 at 4:55 pm
crack, you are right about Reggie’s resume and his 2 year limit.
Keep in mind, too, Thomas Ravenel’s Italian co-conspirator just got arrested in Europe and will be returning soon. He may finally name some names now that the US Attorney is no longer Republican Reggie.
That may rush Reggie on out, one way or another.
By Planet S.C. November 2, 2010 at 5:13 pm
Doesn’t he play the part of “Mr. Puff” on Spongebob Squarepants?
By really???? November 2, 2010 at 5:23 pm
never heard that one before Carolinadancer. I have had lots of automated calls that don’t tell me a number to call back.
By Watching and Waiting November 2, 2010 at 5:31 pm
I believe the SLED term is 6 years
By crackahasscrackah November 2, 2010 at 5:51 pm
Now that the pre-election news cycle is over, Reggie Lloyd’s mouthpiece dumps SLED’s confirmation that arrest warrants have been issued. Nice. You stay classy, Reg. . .
http://www.postandcourier.com/news/2010/nov/02/republican-sc-candidates-son-charged-dui/
By Sin City Sux November 2, 2010 at 7:38 pm
Damn Horry County cover ups!
By countrybumpkin November 2, 2010 at 10:28 pm
What’s up with those warrants? 5’6? Maybe. 248? Maybe with one foot off of the scale.
By proudofsc November 3, 2010 at 9:58 am
For all you Dems bashers, who in the world are you going to blame now that you have total control in SC? Have had control for the past eight years. I find it so funny.