MUTH'S TRUTHS 08/02/2013

TO APPEAL OR NOT TO APPEAL, THAT IS THE QUESTION

As you know, Secretary of State Ross Miller, the most partisan SoS this state has perhaps ever seen, has been on a jihad against Citizen Outreach for the last two years in an effort to force us to disclose to him the identities of our donors despite that fact that we are not required to do so as an officially recognized IRS issue advocacy organization.

At issue is a pair of educational mailers we sent out to voters in the fall of 2010 which Miller is attempting to redefine as “express advocacy” by using a definition from a disputed ruling by the 9^th Circuit Court of Appeals which is in conflict with the definition established by the Supreme Court of the United States in the landmark Buckley v. Valeo decision.

Two things make this particular ruling particularly outrageous…

1.)  We never got our day in court!  The judge ruled on the lawsuit brought by Miller without a trial.  On an issue as important as free speech, we were denied an opportunity to plead our case in court!

2.)  The definition of “express advocacy” being used by Miller and upheld by the judge wasn’t put into Nevada law until 2011…almost a year AFTER the mailers were sent out.  So we’re being prosecuted retroactively!

The question now is: Do we continue this fight and file an appeal with the Nevada Supreme Court?  Here’s the thing:

The legal fees to file the appeal could easily run more than double or triple what the $10,000 fine itself is! 

And that doesn’t even include the liability we could incur to pay the legal bills for the taxpayer-funded state lawyers who are freaking suing us!

THAT, folks, is the true chilling effect on free speech.  And if I had any sense at all I’d just cut my losses, pay the fine, and be done with it. 

But to hell with that! 

We may still lose, but a principle as important as free speech is worth defending.  If we go down, we’re not going down without a fight.

So our decision is that this decision will be appealed.  Stay tuned…

                

SURPRISE SPECIAL GUEST AT FIRST FRIDAY HAPPY HOUR TONIGHT!

Our 4^th anniversary First Friday Happy Hour is tonight, August 2^nd from 5-7 pm at Bahama Breeze in Las Vegas.  I’m told that Colorado Secretary of State Scott Gessler, the highest ranking statewide Republican in Colorado - who is planning to run for governor next year and is polling neck-and-neck against the incumbent Democrat – is in town and will join us tonight. 

Also, come honor the recipients of this year’s Conservative of the Year awards…

2013 Conservative of the Year: Geoff Lawrence

Courage Under Fire Award: Amanda Collins

Unsung Hero Award: Linda Barnett

Grassroots Organization of the Year: Nevada Firearms Coalition

Rathead in a Coke Bottle Award: Sen. “Moderate Mike” Roberson

And don’t forget, the first 100 people through the door get a free drink courtesy of John Burnett of Las Vegas Jewelry and Coin Buyers! 

THE YUCCA MOUNTAIN GOLD MINE

For years, Sen. Harry Reid and other anti-Yucca mountain Chicken Littles have told us that there’s never been any offer of any substantial benefits – similar to the dough Alaskans get for hosting the Alaska oil pipeline – in exchange for hosting the nation’s nuclear waste repository. 

That claim is simply not true, as an actual Senate bill outlining VERY specific potential benefits was drafted a few years ago which ultimately was deep-sixed by Reid. But that doesn’t mean the offer wasn’t on the table.

And now the “no benefits” fiction is even less true. 

Rep. John Shimkus (R-IL) noted on Wednesday that it would cost taxpayers an estimated $5.6 billion to search for a new site and suggested that money might be better spent giving it to Nevada  if Nevada would drop its opposition to Yucca.

$5.6 BILLION?  Man, that’d buy a busload of school textbooks, wouldn’t it?!!!

And that’s just the opening bid.

Shimkus also said he was “tired” of claims that everyone in Nevada is opposed to Yucca Mountain…which also isn’t true and never has been. 

“There is a strong group of Nevadans who want this (project),” the congressman said.  “Hence going back to this $5.6 billion we would put on the table to help convince maybe the others.”

So the next time you hear some liberal say that “everything has to be on the table,” including tax hikes, ask him or her if “everything” includes Yucca Mountain.  ‘Cause if Yucca’s not on the table, then tax hikes shouldn’t be either.