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Littwin: The guv race: Can't you smell that smell?

Published October 21, 2006 at midnight

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When the final showdown came at last, a law book was no good. -The Man Who Shot Liberty Valence

In the shocking news development of the day: Apparently, it's OK with Bob "Black Hat" Beauprez if you break the law.

Seriously.

The man who would be your governor - the state's lawman-in-chief - says law-breaking is more than OK with him. It's fine with him. It's dandy with him. In fact, you can be his personal hero if you do it.

Not always, presumably. Not, say, if you're an "alien " - even a whistle-blowing "alien."

From what I was able to learn at Beauprez's please-stop-the-bleeding news conference Friday, to qualify as a heroic law-breaker, you have to be an American citizen and have a "belly-full." You have to be "fed up." It's the Alka-Seltzer defense.

And you have to come to his people with possibly illegally procured information - don't worry, no one at the Beauprez campaign will even ask - but only when the Beauprez campaign is 15 points down in the polls and especially desperate.

Well, Beauprez didn't say anything about being desperate Friday, although he could have.

He also didn't say he hopes Cory Voorhis, the ICE agent reportedly at the center of the investigation, broke the law in Denver, so at least he could plea down to ag trespass.

And he didn't say anything about moral relativism or how many other laws you can break heroically. And whether it's legal now for federal agents to torture you for it.

What he said instead was that it was all Bill Ritter's fault. Yes, Ritter's fault for exposing the fact that the Beauprez campaign may have come upon information illegally. (Follow the logic: Beauprez bashes Ritter for blowing the whistle on someone Beauprez claims heroically blew the whistle.)

It's strange, this sudden tolerance for lawbreaking, because Beauprez's entire campaign has been built around his contention that ex-DA Bill Ritter lives to put criminals back on the street - like someone, say, who illegally hacked into a federal database.

At the news conference, I asked Beauprez if he really thought that the guy was a hero if he broke the law to provide information for a political attack ad.

Q: "Do you still find him a hero whether he broke the law (or not)?"

A: "I think he did the right thing."

Even if the broke the law?

"I think he did the right thing."

Now, I'm not saying anyone broke the law. No one has been charged with anything. But I am saying Bill Owens put the CBI on the case, and the CBI brought in the FBI. And I wouldn't be surprised if somewhere the NSA is listening in.

And I'm saying there are heroes and there are heroes. And this guy got to be Beauprez's hero having a belly-full about a case that's three years old - which is a long time to nurse an upset stomach - and got that belly feeling better only by helping with a last-minute attack ad.

There are those who will accuse me of hypocrisy for hammering Beauprez. It's the press after all that loves to print leaked material and then insist on the right to protect sources.

I would protect a source. And like reporters I know, I might even go to jail to protect a source, although it's not, I admit, my first choice. I prefer accommodations with 24-hour room service.

I had to laugh, though, to hear Beauprez actually comparing himself to Judy Miller, who spent nearly three months in jail. Beauprez, by the way, has never mentioned the possibility of him actually doing any time.

Beauprez did, however, say the source might have to face the music. He also heroically put responsibility for meeting with the source onto his 28-year-old campaign manager, John Marshall, who may not see the humor two to five years from now.

I'm not sure how exactly you get to be heroic for disingenuously attacking plea bargains. Or for charging a 12-year DA with being soft on crime when everyone knows you become a prosecutor to put bad guys away. It's like accusing a firefighter of not wanting to put out fires.

It's a feeble attack, but it's the best Beauprez has. And, at the news conference, he says this controversy is really about revealing Ritter's "dirty little secret."

Here's the real dirty little secret: It's almost impossible for any Republican to be running 15 points behind against a Democrat with no legislative experience, who is himself running an unexciting, take-no-risks campaign that basically comes to this: I'm not Bob Beauprez and he is.

And, in case you had any doubts, here's the latest boffo ad from the Beauprez campaign: Beauprez is wearing, stunningly, a black hat. Wearing the black hat, he is standing on the wrong end of a horse, saying - and, remember, the ad appears just as this scandal has broken - "There's that smell again."

Hold your noses. Because there's something, finally, we can all agree on.

.

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