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Nader sues Commission on Presidential DebatesBy Stacy Malkan"In future elections, this country will be rid of the Commission on Presidential Debates once and for all," vowed Ralph Nader after the first presidential debate October 3rd. On that day, as George W. Bush and Al Gore debated a narrow set of issues -- and 10,000 protesters outside were ignored by the media Nader was met by three police officers and a member of the debate commission, as he arrived at the debate viewing auditorium.
Although he had a transferable ticket to enter the auditorium (a gift from a college student who said giving up the ticket was "a small sacrifice for the good of the nation"). Nader was denied entrance and threatened with arrest. Later, as he tried to access the grounds as an invited guest- to do an interview of Fox News, he was again denied entrance. Not only was the Commission on Presidential Debates (CPD) able to exclude Nader from the debates - despite polls indicating that the majority of Americans wanted him included - but they were able to keep him away from the thousands of media on site, and thus further silence his political message. "On top of the many other serious blunders, mistakes and demonstrations of arrogance generated by this corrupt debate commission - which is controlled by Al Gore and George W. Bush - this unlawful exclusion will be the beginning of the end of the debate commission monopoly. That monopoly is obstructing millions of Americans from access to the presidential candidates in a multi-candidate debate forum," Nader said. "I was excluded on political grounds. No other considerations were communicated." Nader filed suit in the United States District Court in Massachusetts against the CPD on October 17 (the date of the third and final presidential debate). The suit charges that the CPD, by using state police power to exclude Nader from the viewing auditorium and by preventing him from appearing at a pre-scheduled interview with Fox News, violated federal law and the Massachusetts Civil Rights Act. "Mr. Nader was treated differently from all others in violation of his right to free association and equal protection under the law merely because of his political position, his affiliation with the Green Party, his criticism of the Commission and the Democratic and Republican parties, their candidates and their corporate sponsorships, and because of his public positions that are contrary to the two-party message being conveyed by the commission and its agents," the lawsuit states.
Just hours after Nader announced the lawsuit, the CPD refused to allow him onto the debate site in St. Louis, despite the fact that Nader had credentials to enter, which were issued by a college television station crew who wanted to interview him. Although two campaign aides were allowed to enter with the same credentials, Nader was stopped at the gate -- and again prevented from speaking with the media on site. Nader plans to file suit against the CPD for their actions in St. Louis. The first case filed in Boston is still pending. Another lawsuit he filed challenging the corporate financing of the debates was unsuccessful. It sought to strike down Federal Election Commission (FEC) regulations that have allowed corporations to contribute millions of dollars to help stage the debates. The lawsuit argued that the FEC regulations directly violate federal law, which prohibits corporations from making contributions or expenditures in connection with political campaigns for federal office. "By definition, debates are partisan events which showcase the positions of those candidates selected to participate" said Greg Luke, an attorney with the National Voting Rights Institute.
Despite these arguments, a federal court ruled in favor of the defendants, and the ruling was upheld on appeal. "The judge said the rules were ambiguous but the FEC has the right to interpret the rules," said Nader campaign manager Theresa Amato. "We feel differently". The campaign is filing an appeal to the U.S. Supreme Court, arguing the FEC can not interpret the law to allow corporations to fund the CPD. In the next four years, grassroots mobilization will also be a focus of efforts to overcome the CPD. Nader has promised to help start a "people's debate commission", controlled by citizens, that would organize presidential debates in the interest of voter education, not of preserving the two-party duopoly by the Democrats and Republicans. Campaign sources say Nader is considering establishing a new non-profit organization to work on this project (long with other electoral reform issues.) Nader hopes to attract media, labor and civic sponsors into a coalition of organizations to host the next presidential debates, with sponsoring organizations too large and broad for any candidate or the media to ignore. Stacy Malkan was the assistant press secretary for Nader 2000. She currently lives in Breckenridge, Colorado.
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