KOPEL: Papers mishandle Bruce allegations

Now, they should name his accuser

By Dave Kopel, Rocky Mountain News (Contact)

Published July 26, 2008 at 12:05 a.m.

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In the past half-century, there has perhaps been no legislator who is disliked by such a broad, bipartisan coalition of legislators as Douglas Bruce, the state representative from Colorado Springs. His abrasive, uncollegial personality is the opposite of what it takes to make friends at the Capitol - or with the media. That said, the media have been deficient in their handling of a false and vile accusation made against Bruce.

The filing and investigations of sexual harassment charges made against legislators are supposed to be confidential. On May 1, the Rocky Mountain News, The Denver Post and The Gazette (Colorado Springs) all reported that a sexual harassment complaint had been filed against Bruce. House Speaker Andrew Romanoff had not exactly gone out of his way to preserve confidentiality; he handed the official document to Bruce on the floor of the House, in full view of the press corps.

I would not expect the Statehouse press to ignore the confidential story which Romanoff dropped in their laps. But reporters should have asked Romanoff if he thought that delivering the notice on the floor of the House was consistent with the letter or spirit of the legislature's rules for confidentiality.

Earlier this week, the papers reported Bruce's announcement that, after investigation, the House leadership had written a curt letter to the complainant and Bruce stating that there was "no evidence" to support her allegation.

House rules prevented Bruce from releasing the letter, but he did say that the complainant was "a vicious lobbyist for a liberal cause." The papers don't heed the legislature's confidentiality rules, so the papers should publish the name of the woman who made the false accusation.

Most American papers have a policy of not printing the names of sexual assault victims. But that policy does not extend to people who make false charges. Donors and members of whatever group employs the lobbyist may want to know if the group in the next legislative session will hire somebody more credible.

Likewise, legislators and journalists, who often rely on factual claims made by lobbyists, should know who the person is so that they can take her reliability into account when she makes future assertions to them.

Presuming that the lobbyist sincerely felt she was sexually harassed (by what Bruce describes as a smile from many feet away), legislators, journalists and the public should know about the person's hypersensitivity. I suspect that the false complainant's identity is known to more than a few people at the Capitol and could be discovered with a little diligence from local media.

The best coverage of the issue was on the Caplis & Silverman radio show, which gave Bruce a chance to fully explain his side (far more so than the few sentences he was allowed in the newspapers) and to show off the personality which has made him so unpopular at the Capitol.

Disclosure: I serve on the board of directors of the Colorado Union of Taxpayers, which recently wrote a public letter praising Bruce's record on taxpayer issues.

The dog whistle

The Denver papers seem to have missed an interesting local angle to the current presidential race. In Colorado, New Mexico, Nevada and Florida, Republican John McCain has been running a TV ad for the past couple weeks showing McCain at a 2007 Republican presidential debate, extolling the military service of non- citizen Hispanic immigrants, and calling them "God's children."

During the speech, the camera cuts away from McCain to then-candidate Tom Tancredo, who looks rather dour. Marc Ambinder, an on-line columnist for The Atlantic, perceptively noted on July 11 that the Tancredo shot is far from unintentional.

The shot is what's known as a "dog whistle" - a political term of art first used in the 1990s in Australia. It means using a phrase (or a picture) that may have little significance to the general audience, but which appeals to a select group which knows the special meaning.

For example, in the 2003 State of the Union, President Bush said, "there's power, wonder-working power, in the goodness and idealism and faith of the American people." Just a colorful phrase for some listeners; but many Christians recognized it from the chorus of a hymn: "There is power, power, wonder-working power In the blood of the Lamb."

As Bush dog-whistled Christians who believe that America has a special mission from God, so McCain is dog- whistling pro-illegal alien supporters, who believe Tancredo is the devil incarnate. McCain does not use words to tell the broader audience about his long record of opposition to cracking down on illegal immigration; rather he quietly conveys that position via the Tancredo dog whistle.

The Colorado media should have detailed McCain's two-track messaging and asked Tancredo for his reaction to being dog-whistled.

Dave Kopel is research director at the Independence Institute, an attorney and author of 10 books. He can be reached at kopeld@RockyMountainNews.com.

• July 26, 2008

  7:43 a.m.

  Suggest removal

  raysmom writes:

  I don't always agree with you, but I think you are a credible columnist who talks about interesting issues and adds to my knowledge of the issues. Just thought I would give credit where credit is due.

• July 26, 2008

  8:07 a.m.

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  ItsJustme writes:

  Batten down the hatches and prepare for a "bash Bruce" marathon from the bandwagon jumpers on.

• July 26, 2008

  11:54 a.m.

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  anderson writes:

  Tancredo should be asked for his reaction, why? McCain wasn't whistling at him. I'm sure there have been numerous political ads (including from Tancredo) using ominous tones and threatening language while showing a picture of some "Mexican". Should we ask the people portrayed in those ads what they think about being dog whistled? No. Kopel just revoked their status as real humans by branding them as "illegal aliens".

• July 26, 2008

  3:14 p.m.

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  The_Punnisher writes:

  Anderson, that is the PROPER, LEGAL term ( in the US Code, I might add ) for anyone who enters this country IMPROPERLY.

  I suggest you are the one who promotes LAWLESSNESS in our NATION OF LAWS..

  Or you wish to remain IGNORANT of the true FACTS.

• July 27, 2008

  7 a.m.

  Suggest removal

  Mike_In_Hartsel writes:

  Punnisher? Who made you god? You come across as another left-wing whacko who hates anyone who isn't in your lap.

• July 27, 2008

  7:08 a.m.

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  Rangerjoe1 writes:

  Hit it on the head, Punnisher, illegal means illegal, not suppost to be here. Note: that on National news section it has a piece on Iowans testify to congress on raids on illegals. There is NO story of this in the Des Moines Reg. And the complainers to congress were illegals they were not Iowans. Once again the Rocky Mt. News prints a one sided LIE.

• July 27, 2008

  8:27 a.m.

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  vudumom writes:

  The AP story about the Iowans is junk. The AP is no longer credible and their far-left leaning stories are proof of that.

  As far as the McCain ad showing him touting illegal alien rights, I noticed immediately the ad showing Tancredo when speaking about illegals. I got the message he was trying to convey, but didn't know that tactic was called dog whistled.

  Very interesting.

  After seeing the ad, it had a opposite effect on me. I started to doubt McCain's ability to slow down the tide of illegals. Now everytime I see the ad I know I have made the right decision not to vote for McCain.

• July 27, 2008

  10:52 a.m.

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  woodwose writes:

  The media talks about "vast right-wing conspiracies" and the "attack-style politics" of the right, but in truth, the left is far more vicious in it's attacks than the right. Sexual harassment is a serious charge, I have seen it ruin people's careers, marriages and lives. And to allow some hypersensitive, left-wing, lobbying fascist to make a completely false star chamber type accusation without any possibility of penalty is completely insane. Worse, to trumpet the allegations before they are proved and to protect the identity of the accuser after the fact is completely unfair both to Bruce and the public.

  It's one thing for a two-bit, partisan hack like Andrew Romanoff to trample over Bruce's right to have the allegations against him investigated with confidentiality -- after all, Romanoff is technically answerable to the rules of the Colorado State House, as well as the voters -- but it's a completely different issue when it comes to the members of the media.

  The media MUST hold themselves to a higher standard of ethical behavior than the politicians they cover, because they don't have even the limited level of accountability that a politician has.

  In this case, their failure was abject, and they should be ashamed of themselves.

• July 27, 2008

  3:45 p.m.

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  anderson writes:

  No, Punisher. I think you're confused, in addition to being angry. "Alien" is a correct legal term. "Illegal alien", to my knowledge, is not. Clearly, illegal alien, as used here by Kopel here (maybe as a dog whistle to people like you), serves to dehumanize someone.

• July 27, 2008

  4:39 p.m.

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  anderson writes:

  For what it's worth, "alien" is also used in the Bible. For example, "You shall not oppress a resident alien; you know the soul of an alien for you were aliens in the land of Egypt" (Exodus 23:9) and "You shall love the alien as yourself" (Leviticus 19:34).

• July 28, 2008

  6:57 a.m.

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  VVVV writes:

  vudumom - I hope you intend to throw your vote away, rather than on McCain, because if you are saying Obama would better stem the tide of immigration, you're wrong. Neither cantidate is going to slow immigration. And rightfully so. Stopping or slowing immigration would strangle our economy, and end the standard of living we all are accustomed to. Immigration is the most important factor to sustain America as a country, and to keep it's economy on par with the industrialized world.

  Andrew Romanoff should be held accountable for his leak. After all, the average citizen is not granted immunity for ignorance of the law. But the media is just a tool, the papers so spineless they are dying in a pool of their own goo, and the judicial process so egomaniacal and slow that trials now occur in the media long before due process, and with much more conclusive punishment. Granted the innocent are regularly falsely accused and punished, but that is what you must expect in a country that is becoming more and more anarchistic in the face of an ever expanding and increasingly failing bureaucracy.

• July 28, 2008

  7:29 a.m.

  Suggest removal

  vudumom writes:

  I will vote for any candidate that panders to the American people. That criteria alone will ensure that I leave blank my choice for president on my absentee ballot.

  I will vote my conscience and not a party.

  As far as your brilliant insight that stopping or slowing immigration will strangle our economy and end the standard of living we all are accustomed to, that is so wrong , on so many levels.

• July 28, 2008

  10:03 a.m.

  Suggest removal

  ItsJustme writes:

  VVVV - I think that's the same basic argument of the South regarding slavery. "Stopping or slowing (slavery) would strangle our economy, and end the standard of living we all are accustomed to. (Slavery) is the most important factor to sustain America as a country, and to keep it's(sic) economy on par with the industrialized world."

• July 28, 2008

  11:30 a.m.

  Suggest removal

  anderson writes:

  Yes, ItsJustMe, and there were those same people who argued that ending slavery or granting civil rights would end their way of life as they knew it, the same as some today claim that immigration will somehow end our way of life as we know it (meaning their way, not mine).

  VVVV has made a point about the potential effect on the economy of stopping or slowing immigration. Merely comparing this to the claims of the pro-slavery faction doesn't invalidate VVVV's point unless you're saying the ending of slavery had no economic effect and I'd say that's probably in dispute. Nearly every economist will tell you immigration has an overall beneficial effect on the economy. Those who say otherwise, e.g., Lou Dobbs, are typically not economists and more often than not are nothing more than fearmongerists.

• July 30, 2008

  7:10 a.m.

  Suggest removal

  VVVV writes:

  The abolition of slavery devistated the economy of the South. And immigration is not ammoral. Free will is not a line in the sand, but a gigantic mountain of difference between the two. The fact that you are incapable of seeing that mountain scares me more than any terrorist or criminal.

  Let me draw you a better analogy between the two. It is a crime against humanity to take slaves, and to not take immigrants.

• August 7, 2008

  11:35 a.m.

  Suggest removal

  Lowtaxequalsfreedom writes:

  Great article Kopel! Bruce was purposely screwed by Romanoff, this mystery lady and the media. The socialist hate Bruce and will do anything to stop him.

  Bruce should be the one filing the sexual harassment complaint. He was screwed!

• August 22, 2008

  12:49 p.m.

  Suggest removal

  jay writes:

  why does kopel not write any longer?

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