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News & ArtsFriday, June 29, 2012
Politics Rob McKenna Illegally Bars Stranger Reporter from Press Conference
Posted by Dominic Holden on Fri, Jun 29, 2012 at 3:25 PM
Yesterday morning, Attorney General Rob McKenna notified media across the state that he would be speaking about the US Supreme Court’s decision to uphold most of the Affordable Care Act. McKenna was one of 26 state attorneys general who sued to block the Affordable Care Act. But when Stranger reporter David “Goldy” Goldstein arrived for the press conference at McKenna’s downtown Seattle offices, a guard was waiting for him. Cameramen, radio people, and reporters were granted free entry. Goldy was prevented from entering.
"They are physically blocking me from entering," Goldy told me by phone, seven minutes before the 11:30 a.m. press conference was scheduled to begin. A spokesman for McKenna, Dan Sytman, had told Goldy a few minutes before that Goldy wasn’t a journalist and then blocked him from entering. A McKenna staffer had also grabbed Goldy by the shoulders and turned him away from the door.
If Rob McKenna was trying to restore faith in his competence as a lawyer—by attempting to put a positive spin on his legal defeat a few hours before—McKenna sabotaged himself by making yet another legal miscalculation.
The Stranger’s editorial staff and publisher, Tim Keck, agreed that Goldy should proceed into the press conference anyway. State statute requires that press conferences like the one McKenna had called be open to all press and all members of the public. The Stranger also contacted one of its lawyers, Jessica Goldman, a litigator at Summit Law Group. She affirmed that state public meetings law as well as the First Amendment guaranteed Goldy’s access.
On the phone with Goldy—a conversation easily audible to the guard and McKenna’s staff—I assured him that we would bail him out of jail, feed his dog, and pay his parking tickets if he was arrested.
Then Stranger attorney Goldman got involved, first calling Sytman (he didn’t answer), then sending an e-mail. Barring Goldy was “a clear violation of The Stranger’s and Mr. Goldstein’s First Amendment rights and the guarantees of Washington’s Open Public Meetings Act,” she wrote.
Sytman capitulated. “Actually he's in the conference,” Sytman wrote back. But the matter wasn’t settled. McKenna’s office has barred Goldy from attending press events before, Goldman noted to Sytman in a second e-mail, adding, “I would like to have your assurance, in writing, that this will not happen again. Otherwise, we will go to Court and obtain a restraining order prohibiting Mr. McKenna from violating these critical rights.”
Goldman followed up: “If there is someone else in Mr. McKenna’s office with whom I should speak about this request before going to Court, please advise me today." (The full e-mail exchange is after the jump.)
Goldman heard back, not from the PR flack Sytman, but McKenna’s own lawyer, Washington State Solicitor General Maureen Hart. Details of those negotiations are still in the works. But Goldman and Hart discussed the need to (1) allow Goldy full access to all of AG McKenna's press conferences and (2) to invite The Stranger in writing to all of those press conference. Really, it's a cut and dried legal issue.
I called the AG’s office this morning to ask why they barred Goldy in the first place—and on what grounds. Reached by phone, Dan Sytman said, “I am not interested,” and then hung up on me.
Contacted by e-mail, AG deputy chief of staff Janelle Guthrie said she couldn’t comment, but added, “Thank you for your professionalism.”
Let's pause here to appreciate the irony in all of this: Part of the reason McKenna is so angry at Goldy is that Goldy keeps calling McKenna a crappy lawyer. McKenna himself seemed determined to prove Goldy right yesterday: Having just lost a lawsuit before the US Supreme Court, McKenna picked a fight with Goldy (and The Stranger) that ended with McKenna's own lawyer being forced to acknowledge that barring reporters from a press conference is against the law in Washington state.
Rob McKenna is currently the state's top law-enforcement official. McKenna is running to become the state's chief executive.
Say what you will about Goldy, his partisan allegiances, or his criticisms of McKenna: Goldy is a working journalist. He’s also a member of the general public. As such, he’s entitled to enter official functions held by public officials in public facilities. And Goldy knows that. The Stranger's lawyer knows that. But Rob McKenna doesn’t know that.
Because Rob McKenna is a crappy lawyer.
Here's the e-mail exchange between Stranger attorney Jessica Goldman and McKenna spokesman Dan Sytman:
From: Jessica Goldman
Sent: Thursday, June 28, 2012 11:44 AM
To: 'DanS@ATG.WA.GOV'
Subject: FW: Press release from AG's office
Mr. Sytman,
Repeating the voicemail message I just left you, I represent The Stranger. David Goldstein, a reporter for The Stranger, has been physically barred from attending the public press conference advertised below. This is a clear violation of The Stranger’s and Mr. Goldstein’s First Amendment rights and the guarantees of Washington’s Open Public Meetings Act. I’m available to take your call now.
Jessica L. Goldman
From: Sytman, Dan (ATG)
Sent: Thursday, June 28, 2012 11:57 AM
To: Jessica Goldman
Subject: Re: Press release from AG's office
Actually he's in the conference. Dan Sytman
From: Jessica Goldman
Sent: Thursday, June 28, 2012 12:04 PM
To: 'Sytman, Dan (ATG)'
Subject: RE: Press release from AG's office
Mr. Sytman,
He was physically barred by a guard from entering and was directed to leave, despite the fact that other members of the news media were being freely permitted to enter. Based on his constitutional and statutory right to be there, he refused to leave. Only then was he permitted to enter. This has been a recurring issue at press conferences held by Mr. McKenna. I would like to have your assurance, in writing, that this will not happen again. Otherwise, we will go to Court and obtain a restraining order prohibiting Mr. McKenna from violating these critical rights.
Jessica L. Goldman
From: Sytman, Dan (ATG) [mailto:DanS@ATG.WA.GOV]
Sent: Thursday, June 28, 2012 12:09 PM
To: Jessica Goldman
Subject: Re: Press release from AG's office
As I said, he was allowed in. Dan Sytman Washington State Attorney General's Office
From: Jessica Goldman
Sent: Thursday, June 28, 2012 12:11 PM
To: 'Sytman, Dan (ATG)'
Subject: RE: Press release from AG's officeMr. Sytman,
I take your email to be a declination of my request for a letter directing that Mr. Goldstein be permitted to attend press conferences held by Mr. McKenna. If there is someone else in Mr. McKenna’s office with whom I should speak about this request before going to Court, please advise me today.
Jessica L. Goldman
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The Seattle Times editorial board endorses Rob McKenna, Republican, for governor of Washington.
June 29, 2012
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I agree with SLOG.
For one, Goldy has every right to be at these announcements as does each and every citizen of Washington. Press or no.
McKenna is holding on to the AG role too much and not letting go and being more Gubernatorial.
For one thing, politics is about representing the people. The Supreme Court has clearly labelled Health Care a "tax". That means it is simply a Government program that elected representatives voted for. It is not enshrined in the Constitution. It was not declared a right.
At this point, as a Republican I would be passing the baton to candidate Reagan Dunn.
As the candidate for the Chief Executive position in WA State I would be demonstrating how I would uphold the laws...not litigate them.
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...good fucking question, man.
Perhaps it's because a presser regarding his utter failure on ACA is AG biz and not related directly to the campaign.
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So chill out.
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Yeah...like the Times or the Herald or the News Tribune or the Spokesman-Review or KIRO KING KOMO KCTS KIRO/KOMO Radio KUOW or KPLU or any of the other so-called journalists in this stupid burg will ask that dumb fuck crappy attorney just what he thought he was doing...working for ALEC? What about the PEOPLE of the state that ELECTED him?
Fuck!
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Fascists.
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Yes, Goldy is a partisan hack, and yes, Goldy sometimes has a potty mouth when describes McKenna. So what? That is part and parcel with having a free press in this country. An "unbiased" media is a relatively recent phenomena anyway. Most newspapers were openly and strongly biased before the middle of the last century. If McKenna doesn't like the questions Goldy asks, that's just too damned bad. He can refuse to answer the questions, but he can't bar Goldy from open meetings and press events just because he doesn't like the Stranger's bias.
He's not using the Solicitor General as his campaign attorney, he's using her in his official capacity as the Attorney General of WA. Had this been a campaign event, and used her, then it would be in violation of the law.
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McKenna needs to pay the ultimate price for this stunt, losing to Congressman Inslee in November.
We're still waiting for the TRUTH regarding how his political/campaign documents were left in his old King County Council office.
McKenna needs to pay the ultimate price for this stunt, losing to Congressman Inslee in November.
We're still waiting for the TRUTH regarding how his political/campaign documents were left in his old King County Council office.
It's a new world and the Rob McKennas need to catch up.
Wah. I'll send him some diapers.
"Yes, Goldy is a partisan hack, and yes, Goldy sometimes has a potty mouth when describes McKenna. So what?"
Exactly right.
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Why is McKenna so afraid of Goldy and The Stranger? Is it because he can't get away with sneering "Get a job!" ?!?!?
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Period.
And no amount of endorsements or Karl Rove and Koch Super PAC dollars will change that.
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Nothing on the Wikipedia page about his involvement barring a reporter from a press conference yet, though.
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Can't say we ever had much of a conversation.
Ironically, I had McKenna on my radio show a couple times, and we got along just fine. I guess he just doesn't value my audience here at The Stranger as much as he valued my audience on 710-KIRO.
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Rob McKenna: as crappy a lawyer as you are, Washington. Seattle Times approved!
I'm really very surprised how lenient we are with our politicians. You'd think, for example, that the legal punishments for a public employee should be much more severe than that for a private employee, as the public employee not only draws their paycheck from the public largesse, but has particularly large influence on public matters. Taking bribes shouldn't carry a slap on the wrist punishment, but should bring with it a life sentence or execution. But somehow, politicians are completely insulated from suffering the natural and righteous consequences of their behavior. Maybe it's because politicians also make all the laws; hell, often-times they can even increase their own paycheck by legislation.
Fucking scum.
Second, if McKenna held the press conf. as AG he was entitled to us public staff and, fairly the public should have been allowed in, as a principle. Although the Open Public Meetings Act is hardly applicable - hire a new lawyer on that one.
Third, could you have your lawyer give Goldbird something to right about the media right to HEAR, ATTEND, and HAVE ACCESS? Remember good friends the Pentagon papers, the media has no inherent right to access anything except where the law permits. Their unfettered right is to SAY (report) anything ONCE THEY GET IT BY WHATEVER MEANS.
If McKenna had only made it a campaign press conference, he would have been utterly within his rights to give Goldmember the boot.
So why don't you finish the job and tell your reporter to stop acting out. You seem to throw your hands in the air and say, "That's just Goldy being Goldy." As if you have no control.
Mr. Goldstein writes well enough and is politically savvy. He can espouse whatever political philosophy he wants but you should tell him part of his job description is to not throw tantrums when he represents The Stranger in a public forum. You've got your Pulitzer. Now act like it.
(Unless, of course, you think having your reporter act like a spoiled 12-year-old elevates the public discourse and helps the public better understand its political choices. And thus fulfills your professional responsibility as a member of the Fourth Estate. If so, that's a whole different conversation.)
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It also tells me that political reporters for mainstream media are too soft on politicians. If what Goldy does results in such a cry-baby reaction from McKenna, it tells me that newspaper and television reporters are shitty people-pleasers who can't ask a hard hitting question lest they displease their asshole corporate owners. If McKenna ever actually did get a real probing, he'd have a thicker skin.
If the AG has no fucking clue about the 1st Amendment, then he shouldn't be the AG or the governor. Absolutely no other position he holds matters.
However, I think voters don't have the intellectual chops to make these sorts of assessments of candidates. They certainly can't make sense of the positions the candidates hold. And it doesn't help at all that Inslee is not doing a very good job campaigning.
Goldstein you are a great journalist and add a sparkle of blue to my daily morning here in Red Yakima, the county were progress comes to die.
Get the RO monday!
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He can espouse whatever political philosophy he wants but you should tell him part of his job description is to not throw tantrums when he represents The Stranger in a public forum.
Please provide an example of me throwing a tantrum in a public forum. Or are you just parroting Sytman's slanderous totally unsupported claim that I've been disruptive at press conferences?
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So there.
you could argue those things but you would sound like an idiot.
seriously.
no one has a 'right' to attend a press conference.
under the first A or anything else.
'due process'?
your just using big words you don't know the meaning of.
like 'slander'.
you are a pathetic crude immature partisan loudmouth but in this country you can still call yourself a 'journalist'.
or 'pope'.....
but, sorry, the title doesn't come with a decoder ring.
or magical powers.
or special access.
you are free to be an asshole in your coverage of McK.
and he is free to ban you from his events.
don't be a fucking crybaby.
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If so, where the fuck have I been? I had no idea.
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While McKenna was probably using his public employee work as a platform for his run at governor, he was still talking about work he did as a Washington State public employee. He certainly used other Washington State public employees to further block Goldy as evidenced by the chain of e-mails.
So in the rule of Rob McKenna ethics, you can use public employees for private gain if you are Rob McKenna. If you are any other public employee, not so much. No matter what feeble minded republican argument is put forth to bar attendance by people that he disagrees with (proving what an absolute glass jaw wimp he really is) McKenna is just plain wrong. The state's Attorney General doesn't know the law. Chew on that, sparky.
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