By Tim Redmond
There's been a fair amount of flap over the big billboards featuring Carole Migden that appeared all over the Third Senate District around Pride weekend. The messages -- describing Miden as a leader and thanking her for her work -- don't include any statements identifying the donor who paid for them. That's led some to suggest that it's a clandestine gift from Clear Channel, which owns the billboards.
But according to Michael Colbruno, a former Migden aide and close ally who now works for Clear Channel, there's another explanation:
The billboards, he told me, are "issue advocacy" ads -- which means they're not regulated by campaign-finance disclosure laws. They were purchased, he said, by an individual or entity that is not a campaign committee -- and Clear Channel won't say who it is.
"It's not a political sale," he said. "It's an independent advocacy ad, and the payment information doesn't have to be disclosed."
I asked him if Clear Channel charged the ad buyer full price or perhaps offered a discount. "We don't disclose rates," he said.
The ads sure look political to me: One of them thanks three local legislators for supporting the infrastructure bonds -- Migden, Don Perata and Leland Yee -- and pointedly leaves out another member of the local delegation, Mark Leno, who also supported the bonds, and who happens to be challenging Midgen in next year's state Senate primary.
But what Colbruno is telling me is that an unknown donor has just done a huge favor for Migden, worth potentially tens of thousands of dollars -- and the public will never know who it was.
Leno, not surprisingly, was furious to hear about this:
"The only way this situation can be considered legal is if the suggestion is that these billboards are issue-advocacy ads and not campaign related -- but anyone who believes that is a fool," Leno told me. "If anyone tried to thank me this way, I would tell them no and make them take it down."
I'm pretty dubious, too -- I'm sure Migden knows who paid for the ads, and she ought to tell the rest of us.
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Comments (21)
Mark Leno's comments are outrageous and the Guardian should report both sides of the story. Leno has had his mug pasted on billboards and billboards of dubious legality. His campaign team, who also work for the Committee on Jobs and other business interests, have mastered the use of independent advocacy on billboards and other mediums. Talk about hypocrisy. When are you going to start covering this race fairly?
Posted by Michael Colbruno | June 29, 2007 09:51 PM
With all due respect Mr. Colbruno, this the second scandal that you have pulled Senator Migden into and the race is still eleven months away.
In fact, the reason many voices including the SFBG called for a clean campaign pledge was because of how you conducted yourself in the first 48 hours of the campaign.
Ten days into the last scandal, Senator Migden finally called upon you to take down the blog post where you used homophobic, *Fox News talking points* to slime Leno. You may remember that little episode as the scandal was covered by the SFBG, the Chronicle, the Examiner, the Marin IJ, the BAR, the SacBee, the Capitol Weekly and all over the blogosphere.
Once again, unless it is disclosed who paid what for the billboards, Senator Migden should call upon you to take them down.
As you well know, the picture on Migden's campaign website is cropped tighter than the larger version of her campaign picture on the billboards. And isn't nearly the quality needed to put on a billboard. To my knowledge, no such picture exists in the public domain.
Considering your past history, this brings up a lot of questions for a lot of people. Since you have already proven it takes the press and bloggers to referee your conduct, I hope that the media continue to ask questions until once again Migden calls upon you to do the right thing.
The voters deserve a fair campaign and the chance to decide who is the best choice for change.
*I do internet outreach for Mark Leno's campaign.
Posted by Bob Brigham | June 30, 2007 10:49 AM
With all due respect, this is no scandal. This is the Leno campaign (that took the clean campaigning pledge) trying to make a story out of nothing. Carole Migden is not a declared candidate yet. Anyone has the right to put up a message about her anti-war efforts. It's not campaign related and it's not reportable. I know that the Supreme Court just limited the right of free speech in the "Bongs 4 Jesus" case, but I still believe that free speech exists in San Francisco. If the Leno campaign wants to accuse me, or someone else, of doing something illegal, then do it. Then we'll have a scandal (and a lawsuit). The campaign was already asked by Matier & Ross to make an accusation and you declined. Apparently, someone over there actually knows the law.
By the way, when are you going to start the clean campaiging? You guys have been taking swings at Migden non-stop and were too cowardly to even put her on the ballot at the Alice endorsement meeting.
Posted by Michael Colbruno | June 30, 2007 04:34 PM
Mr. Colbruno, anyone who passes a political science 101 class realizes that something doesn't need to be illegal to be a scandal.
However, if a politician is going to violate the Political Commandment against the appearance of impropriety, billboards may not be the best vehicle.
The artwork on the Clear Channel Outdoors billboards suggests the Migden campaign knows who is responsible.
And just like the last scandal where Migden had to call upon you personally to stop embarrassing her campaign, she should call upon the parties responsible to take down the signs that lack a disclaimer but use her campaign art.
And please, don't say she isn't running. Her campaign website with the same art as the billboards is paid for by Re-Elect Senator Carole Migden, FPPC ID# 1273463.
However, if you want to use the fact she keeps pushing back her announcement as her not *officially* in the race then fine by me.
This quarter's filing deadline is two hours away and I had planned on sending an email to bloggers pointing out that since Migden is using ActBlue everyone can see she has yet to raise a penny online.
But, since I want to keep taking the high road, I won't do that.
Because I'm proud of my candidate and win or lose, the voters will finally get a choice in a campaign involving Migden.
Posted by Bob Brigham | June 30, 2007 09:03 PM
Michael, I don't care if it's legal or illegal -- this is obviously a big favor to a state senator, and I'd like to know who paid for it. If you have evidence that Leno is doing the same thing, please tell me and I'll ask him the same question: Who paid for it? I think the public has the right to know.
Posted by tim redmond | June 30, 2007 09:25 PM
Bob and Tim, I still want to know when the Leno campaign is going to abide by the clean campaign pledge that they all took. Every week I get calls from the press about the Leno campaign planting more hits on Senator Migden. The only reason that the Leno campaign even raises this issue that their consulant mastered this type of i.a. program. The real scandals are the continuous violation of the clean campaign pledge and the one-sided reporting.
Oh look, there you go again violating the clean campaign pledge! You're admitting to sending out another fabricated hit on Migden and now you're going to start personally attacking me as well as the Senator. Way to take the high road.
Of course, it's easier to go on the attack in the Bay Guardian against your opponent than explaining to the longtime PG&E critics why Leno wrote a bill to financially benefit the company that they abhor.
Posted by Michael Colbruno | July 1, 2007 09:07 AM
I want to point out an actual example of how hypocrital and unfair this whole issue is. If the Leno camp wants to talk about secret deals then ask them about the Alice endorsement process. Was it simply magic that Carole Migden - the incumbent lesbian Senator with a distinguished leadership record on LGBT issues - wasn't on their endorsement ballot? Did the press ever ask, or did the Leno camp ever have to explain, how this happened? Were there backroom deals cut? Did anyone on the executive board get promised a future endorsement? The great thing about the Guardian is that it has always demanded tranparency in government and politics.
Let's role back the clock to the beginning of the campaign and let them start by explaining how long this was in planning, who was behind it, who cut what deals and for whom. If they refuse to answer, then they really have no right demanding it of others. Fair is fair.
Posted by Michael Colbruno | July 1, 2007 10:19 AM
Mr. Colbruno, Alice didn't have an endorsement ballot. They had a ballot on whether they should give an early endorsement to Leno.
Everyone knew Leno would win Alice, it is his home turf. Just like everyone expects Carole is going to win Milk. Both events are about as newsworthy as the sun rising in the morning. Whining about them just makes you look out of touch when it comes to campaigns on this side of the bay (just like your belief that something needs to be illegal to be a scandal). You're in a hole with a yet another major scandal making you, Clear Channel, and Senator Migden look bad -- quit digging deeper and just come clean on who paid how much for the billboards.
And your suggestion that our campaign trying to keep the race fair is a violation of the clean campaign pledge is silly at best.
Migden's campaign should call upon the source of the billboards to stop making her look unethical just like she called upon you to take down your slime when you made her campaign look awful.
You aren't helping her, Mr. Colbruno. With all her history of FPPC fines for violating campaigning laws, the billboard scandal looks like more evidence of a pattern of behavior.
Posted by Bob Brigham | July 1, 2007 11:27 AM
Bob --
You're wrong about the Harvey Milk Club. As an active member of the Club, it's no sure thing that Migden will get the endorsement.
There are die-hard Migden supporters in the club, for sure, but there are also staunch Leno supporters like myself. If anything, I predict there will be a "No Recommendation" because the Club is truly divided in the Migden-Leno race.
I think the Alice Club gave itself a lot of grief by not including Migden's name on the ballot, and it hurt the credibility of its endorsement. They were going to endorse Leno for sure, so why not include Carole's name on the ballot?
After all, the Young Dems invited both candidates to speak, included both names on the ballot for an early endorsement, and Mark Leno still got the endorsement.
Posted by Paul Hogarth | July 1, 2007 02:30 PM
Paul, if Senator Migden can't earn the endorsement of the club that she used to preside over, I would be shocked.
Yet I don't think Alice lost any credibility. If anything, I'd say Alice is far stronger today than a year ago.
As for the Young Dems, by hosting the first debate and drawing a huge crowd I think it is clear that they have cemented their position at the forefront of Democratic Party politics in SF.
But back to the topic at hand, how long will Senator Migden stall before she asks for the billboards to come down? How long will Michael Colbruno stall before he explains who paid how much to his company to put up billboards using campaign art for his former boss? And finally, how much longer will Clear Channel investors put up with Colbruno dragging the company through the mud in the local press?
Posted by Bob Brigham | July 1, 2007 06:27 PM
Why not check out the Ed JEw ads, illegally provided by Viacom, during the D4 campaign.
Why has that not been addressed? He is in total violation there with his signs up at MUNI stops.
I guess that is the least of his issues right now though...
Posted by applejuice | July 2, 2007 04:31 PM
Bob, I must have missed your reply about the clean campaign pledge and the Alice backroom deals. Actually, it looks like you've answered the question about the clean campaign pledge, since you went ahead and threw out MORE mud. So what about the deals that were cut for the Alice endorsement?
Posted by Michael Colbruno | July 2, 2007 08:33 PM
Mr. Colbruno, the only reason we have a clean campaign pledge is because of your awful conduct that was an admitted embarrassment to your former boss and a huge embarrassment to the company that signs your pay checks.
And no, discussing records that are in the public domain is not a violation, it is called a campaign.
Three questions:
1. Who paid for the billboards?
2. How much did they pay?
3. Why has Carole Migden waited so long to ask that the sketchy Clear Channel billboards be taken down like she asked you to take down your smear after all of the papers reported upon your slime?
Are these ghost billboards like the ghost vote or is Senator Migden going to come clean?
All we want is a fair campaign and that is something the voters deserve.
I'm sorry that your candidate didn't get the Alice endorsement, but your suggestion that a prominent Democratic Club cut a deal instead of just endorsing their friend (and the best candidate) is yet another why you are the guy who is the reason we have a clean campaign pledge.
And if you gave a damn about a fair race, you would have come clean on the billboards last week.
I guess the press needs to give more ink to police Migden's campaign and ensure we have a clean race. I hope the press steps up, just like they did in the last scandal involving you and Clear Channel Outdoors and Senator Carole Migden.
With Migden's history when it comes to campaign finance violations, you aren't helping her by stonewalling the press when they ask the questions everyone is wondering.
Posted by Bob Brigham | July 2, 2007 11:43 PM
While the Leno campaign continues to hurl mud, my blog has reported on the Pride Parade, my usual musings on the arts, the Governor signing Senator Migden's consumer protection bill, SB 376, and her efforts to protect pot clubs from unfair back taxes that would put them out of business. Meanwhile, you continue to run the most negative campaign in the state of California. I took the high road and removed my blog posting. The ball is in your court to set a positive tone rather than trolling the blogs in the middle of night posting negative comments about Senator Migden and her supporters.
Posted by Michael Colbruno | July 3, 2007 06:34 AM
Who paid for the billboards?
How much?
Why has it taken so long for Migden to ask them to come down?
Please quit whining about us seeking a fair campaign and just answer the questions.
Everyone knows about Migden's six figure FPPC fines. And now this? It kinda appears that there are two sets of rules: those for the people and then those for Senator Carole Migden.
We've all seen the latest CBS5 poll on the race:
"Based on what you know right now, do you think State Senator Carole Migden should remain in office? Or do you think she should resign?"
30% - "Stay in Office"
43% - "Resign"
26% - "Not Sure"
(4.5% margin of error)
But just because Senator Migden is polling in Cheney territory doesn't give her an excuse to let these billboards stay up. I'll agree with Leno, only a fool would suggest that billboards using campaign art and language aren't campaign related.
So, please just answer the questions.
You keep posting comments, but have yet to deal with the substance of Redmond's post.
Posted by Bob Brigham | July 3, 2007 10:34 AM
Allow me to express my curiosity at the lack of response on the three questions asked by Mr. Brigham.
Having spotted one of these Migden ads on a stroll down Van Ness not too long ago, I was stunned that there was no identification, nothing, to state who'd paid for the ads and how they ended up there. It was blatantly a campaign ad, or at least an effort to boost Migden's name i.d. in advance of her primary battle.
What gives?
Posted by Luke Klipp | July 3, 2007 05:09 PM
I am also amused at the damage "Michael Colbruno" is inflicting on Migden's reputation with these scandals.
To be honest, I haven't kept up to date with all of her accomplishments, but these smear tactics have moved me to support Mr. Leno.
Why are you so afraid to answer the simple questions Mr. Colbruno?
Posted by Mike S. | July 3, 2007 09:53 PM
I'm more than happy to discuss the ad campaign for ending the war in Iraq that was done on behalf of Senator Migden. But first I'm asking for some fairness in reporting the story and for some honesty from the Leno campaign. First of all, his campaign manager has mastered the art of the non-reportable independent advocacy campaign, which by the way is perfectly legal. Here's an article from the Chronicle, which fails to mention his name, but his paws are all over it.
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2003/12/05/BAG1O3GQ3A1.DTL
Then if you go to his website, he brags about his independent expenditure efforts, which are also legal, but reportable. Here is what Leno's campaign manager has to say;
"Exercise your free speech rights to support or oppose political candidates in an election, and participate in the democratic process at a level you want.
"Government rules place limits on the amount of money individuals can contribute directly to candidate campaigns. Independent expenditure campaigns offer another option for getting your message out, and BMWL is one of the premier Bay Area firms when it comes to managing these highly specialized, highly regulated campaigns.
"We can help you develop a comprehensive campaign that is completely separate from a candidate and their campaign, but which influences voters with impact, precision and clarity. BMWL ran independent expenditure campaigns that were instrumental in winning elections for San Francisco Mayor Gavin Newsom, former San Francisco Mayor Willie Brown and San Jose Mayor Ron Gonzales. We also run effective opposition campaigns."
Hey, they did nothing illegal and they were simply advocating for their clients, but they have no business pointing fingers at someone else. Perhaps it raises a bigger question: Is the Leno campaign going to promise that they will not condone any negative independent advocacy or independent expenditures in this race?
Posted by Michael Colbruno | July 4, 2007 11:06 AM
Michael --
Accusations of hypocrisy aside, you still haven't answered the basic question: who paid for the billboards?
The longer you stonewall this question, the more you hurt Carole Migden's credibility.
Posted by Paul Hogarth | July 4, 2007 01:12 PM
Mr. Colbruno: still wondering why Migden hasn't demanded the sketchy billboards be taken down. I know her staff are busy bothering the day job bosses of bloggers, but it seems like such a powerful senator could make a quick call and make this happen.
Or better yet, since these are so clearly using her campaign art she could come clean and throw up a disclaimer and reimburse whomever it is for all of the expenses of the installations to date. That would be a smart move, so I won't hold my breath.
Again, still wondering:
*Who Paid
*How Much
*Why she hasn't asked them to be taken down
IMHO, it belies her awful poll numbers for her to not have already publicly demanded these be taken down. Everyone who has read this comment thread can literally smell the desperation through their monitor.
It is time for the stonewalling to end. Just come clean like you did in the last scandal.
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