A campaign violation complaint filed by the Coleman for Senate campaign against Democrat Al Franken was dismissed today (Nov. 13) by Minnesota Administrative Law Judge Barbara Neilson.
The Coleman camp had accused Franken of using false political advertising to defeat the senator.
It cited Franken campaign ads that had Coleman ranked the fourth most corrupt senator in Washington by a bipartisan watchdog group — Center for Responsibility and Ethics in Washington (CREW).
In her analysis, Neilson argued that the Franken ad was substantially accurate.
“After reviewing the Complaint, its attachments, and the additional
evidence and argument offered by the parties at the probable cause hearing, the
Administrative Law Judge concludes that the Complainant has not established probable cause to believe that Respondent violated Minn. Stat. § 211B.06 with respect to the advertisements at issue. The CREW report and website did not rank the members of Congress identified in each category or explicitly rank or
name Senator Coleman the fourth most corrupt Senator. However, CREW’s listing of the twenty ‘most corrupt’ and the ‘four to watch’ did identify, in total, just four senators, with Senator Coleman being one of CREW’s ‘four to watch.’” Neilson wrote.
“Moreover, based on the reference in CREW’s Executive Summary to the ‘list of 24,’ there is an objective basis for the inference drawn in the Franken advertisements that Senator Coleman was the fourth Senator on the overall list of 24,” she wrote.
“As noted above, the statute does not prohibit the making of unfavorable deductions or inferences based on fact. Because the statement made in the Franken advertisements accurately captures the ‘gist’ or ‘sting’ of Senator Coleman’s placement in the CREW listing of the 20 ‘most corrupt’ members of
Congress and ‘four to watch,’ there is not probable cause to believe that a violation of the statute has occurred,” Neilson wrote.
“The statement is substantially accurate, if not literally true in every detail,” she reasoned.
“Hearing that Senator Coleman is the ‘fourth most corrupt Senator’ according to CREW produces essentially the same effect on the mind of an individual seeing or hearing the advertisements as hearing that he is one of only four Senators named in the CREW report on congressional
corruption,” she wrote in part of her response to the complaint.