Political Dynamite

Critics Allege Rehberg Campaigning on Taxpayers’ Dime

By Brian Maffly, 8-15-06

 
Congressman Denny Rehberg’s political opponents are publicly castigating Montana’s lone representative in the U.S. House for using his tax-supported franking privileges to mail what they call “blatant campaign literature” to Montana voters.

Last week, Rehberg’s congressional office mass-mailed three fliers (to see one sample, as a PDF, click here) that tout the Republican congressman’s legislative work helping children, seniors and veterans, a record that his Democratic foes hotly dispute. The mailings went out just days before a franking cut-off goes into effect 90 days before elections. Rehberg is in a re-election race against Democrat Monica Lindeen, a Billings-area state representative and long-shot contender for the seat Rehberg has held since 2000.

“It is legitimate for a member to keep citizens informed of what’s happening in Congress and their own activities. It conveys an advantage to incumbents that they are able to mail such communications on the taxpayers’ dime. That’s a fact of life. But what Congressman Dennis Rehberg has done is fraudulent,” Jim Farrell, executive director of Montana’s Democratic Party, said in an interview.

In a scathing press release issued today, Farrell called on Rehberg’s re-election campaign to reimburse the U.S. Treasury for the cost of the mailings, estimated at $100,000.

Update: Rehberg spokesman Todd Shriber declined to speak with me on the record on Monday, but Rehberg’s chief of staff Erik Iverson did attack Farrell in response to questions from Chuck Johnson of Lee Newspapers on Tuesday. Iverson said Rehberg “is not going to apologize for communicating with constituents” and denied he is posing as a liberal.

Johnson also reported that in early August, Rehberg mailed 147,000 pieces at a cost of almost $60,000.


The practice of franking has been a contentious part of U.S. political history dating back to the days of the Continental Congress in the 1780s. One look at Rehberg’s mailings and you can see why it would be controversial. They portray the deeply conservative rancher-turned-politician as a compassionate politician who works hard to promote public education, veteran welfare and access to health care -- hallmark liberal issues. One mailer uses the headline “putting families first,” a phrase that is eerily similar to slogans appearing in Democratic campaigns, including Bill Clinton’s first White House bid in 1992. Rehberg’s photograph and first name appear repeatedly on them, along with a rather selective, (critics say misleading) recitation of his legislative record and headlines stroking “Denny’s” good works.

“There seems to be a pattern of Denny Rehberg misusing our taxpayer dollars to benefit himself, just like he gives millions to his friends in Big Oil while we suffer with record prices at the pump,” Lindeen’s spokesman Jayson O’Neil said.

Most members of Congress take advantage of their franking privileges to communicate with constituents, generating an ever increasing taxpayer tab. Franked mail has a role in good government, but critics say that through chronic misuse, it has become a waste of tax money and an illegitimate perk of incumbency that helps ensure high re-election rates, particularly in the House.

Rehberg’s three mailings were the only pieces of franked mail his office has sent this year, according to the House Commission of Congressional Mailing Standards. All three were submitted to the commission in late July and cleared reviews, which found them in compliance with the rules.

“The rules are so poorly constructed he is able to stay within the letter of the law but not its spirit,” Farrell said. “The laws say you should not campaign on the taxpayers’ dime and that’s precisely what he has done.”

The guidelines for franked mailings are contained in a 72-page document that establishes detailed rules for their tone, appearance and content. For example, verbal references to the House member must be restricted to an average of eight per page, not including the masthead and return address. There can be no more than two photos of the member per page. Biographical material must be kept to a minimum.

In the mailers in question, Rehberg is the subject of three photographs and of all but two sentences in the “families first” mailer, which claim he is “making health care more affordable” and “improving education.” It ticks off a string of non-controversial legislative accomplishments, such as votes to increase funding for Head Start, Pell grants, reading programs, heart disease prevention and breast cancer. His opposition to stem-cell research, minimum wage increases and health-insurance reform are not mentioned.

“This abuse of official taxpayer paid mail is doubly outrageous because it is so deceptive,” Farrell said.



[End of article]
Comment By Tracy Velazquez, 8-15-06

Thanks, Brian, for covering Rep. Rehberg's continuing misuse of the franking privilege. See "Rehberg foe assails 'unethical' mailer; Congressman says Medicare brochure passed muster" at http://www.billingsgazette.com/newdex.php?display=rednews/2004/03/30/build/state/38-rehberg-mailer.inc for his 2004 shenanigans. The Interlake (which broke the story) had a better article (the Rehberg spin machine had a chance to react by the time the Gazette called them), but it's offline now. The biggest irony, of course, is that Rehberg is one of the wealthiest politicians in the country, and has his hand in plenty of PAC pockets as well. It's not like he and his campaign can't pay for their own lit, for cryin' out loud.

Big picture: In addition to publicly financed elections, we need to eliminate incumbent perks like taxpayer-financed "election mailings" if challengers are ever to have even close to a level playing field. My other favorite election-year incumbent perk was presenting local groups (in front of the local media) with oversized checks for federal money that the congressman had nothing to do with obtaining. When I ran, Denny even had the nerve to put his name on one of them on the signature line! For this stuff to end, progressives of any (or no) party need to start demanding reform!!!

-- Tracy "been there, done that" Velazquez

Comment By Kristi Johnson, 8-15-06

This is another great example of the corruption that festers in our political system. It is time for reform! What can we do at a grass roots level to start reform?

Comment By jeff, 8-15-06

This has probably been the cry of the challenger since cavemen painted campaign signs on cave walls. It doesn't matter which party is which.

The simulated affectations of horror from the bloggers notwithstanding, it happens every two years in every district in the United States.

What's completely transparent, of course, is Mr. Maffly's treating the "wish that were us" pronouncements from the party out of office as news. That's not news, that's business as usual. The incumbent uses the franking priviledge, and he or she should. The challenger crys foul, and he or she should. The writer sympathetic to the challenger takes the media shill's nonsense and blares out a big headline.

""The rules are so poorly constructed he is able to stay within the letter of the law but not its spirit,” Farrell said" Well well, apparently Rehberg obeyed the law. Wow, we should all be wringing our hands and rending our clothing over that!

But New West can do better than get involved in this kind of mass media politics as usual nonsense. And it should make sure it isn't used as just another Democrat blog site.

Comment By Craig Moore, 8-15-06

Here is the official Franking Commission site: http://www.house.gov/cha/minority/library/franking_index.shtml

Notice that it is composed of 3 Republicans and 3 Democrats. If this is 'Political Dynamite' as New West claims why didn't it explode during the 8 years of the Clinton administration or when Democrats ruled the House and Senate? Are there any incumbent Democrats not using this privilege? When those with unclean hands point the finger and claim "fraud" I have to laugh at the hypocrisy.

Comment By Nick D, 8-16-06

Rehberg's an empty suit. Here's a little challenge: try to remember a single piece of legislation that he's authored or championed. It's tough isn't it? He's good at showing up and taking credit for work done by public employees or Congress as a whole, but at the end of the day he's ineffective and boorish.

Why we continue to vote for him is beyond me. Anymore, I think we only vote people out of office for something that we perceive to be an affront. By doing nothing, Denny raises no ire and therefore continues to coast along.

Comment By Craig Moore, 8-16-06

Nick here is a list of 14 legislative items Rehberg has sponsored, see and use the search feature for "sponsor.": http://thomas.loc.gov/bss/d109query.html

Nick, using the same search feature, Rehberg has also co-sponsored 177 bills. It wasn't hard at all to find as you suggest.

Also, here is his recorded stands on important issues. http://www.ontheissues.org/House/Dennis_Rehberg.htm
This also was not hard to find.

Comment By Craig Moore, 8-16-06

Let me make a clarification. That search is for the 109th Congress. Other searches for previous congressional sessions can also be had. Also the co-sponsor number should be reduced by 14 as the 177 is the total for both sponsor and co-sponsor.

Comment By Nick D, 8-16-06

In those 14, I see a few clarifications of existing law along with the naming of a post office and a hallow gesture made to farmers. The glaring inconsistency can be found where he sponsors a bill congratulating the "future farmers of America" and then a little down the line sponsors legislation to block federal funding for COOL labeling. That's a real stab in the back.

For comparison, I looked at Wyoming Rep. Barbara Cubin's 27 sponsored pieces of legislation and saw the actions of a much more dynamic public servant. We're getting little bang for our sole "buck" with Rep. Rehberg.

Comment By Craig Moore, 8-16-06

Nick, you remind me of the stubborn horse that can't find the water trough. Then, when shown where it is acts like there is no water in it. Take a look at:
109th
H.R.5675
Title: To authorize appropriate action if negotiations with Japan to allow the resumption of United States beef exports are not successful, and for other purposes.
Sponsor: Rep Rehberg, Dennis R. [MT] (introduced 6/22/2006)

H.AMDT.698 (A013)
Amends: H.R.2829
Sponsor: Rep Rehberg, Dennis R. [MT] (offered 3/9/2006)
AMENDMENT DESCRIPTION:
Amendment ensures that no less than 10 percent of national media campaign funds authorized by the bill will be expended on advertisements specifically intended to reduce methamphetamine use, and allows the Director to award grants to private entities.

AMENDMENT PURPOSE:
An amendment numbered 13 printed in House Report 109-387 to ensure that no less than 10 percent of national media campaign funds will be expended on advertisements specifically intended to reduce methamphetamine use. The amendment grants the Director the authority to award grants to private entities producing research-based public service messages, with the goal of reducing first-time meth use among young people. The amendment funds may be redirected if domestic meth lab seizures decrease by at least 75 percent from the 2006 level.

H.R.3083
Title: To protect homes, small businesses, and other private property rights, by limiting the power of eminent domain.
Sponsor: Rep Rehberg, Dennis R. [MT] (introduced 6/28/2005)

H.R.4051
Title: To establish the policy of the United States on the size of the land-based intercontinental ballistic missile force.
Sponsor: Rep Rehberg, Dennis R. [MT] (introduced 10/7/2005)

H.R.5804 : To extend the Federal relationship to the Little Shell Tribe of Chippewa Indians of Montana as a distinct federally recognized Indian tribe, and for other purposes.
Sponsor: Rep Rehberg, Dennis R. [MT] (introduced 7/13/2006)

H.AMDT.232 to H.R.2744 Amendment sought to delete section 757 which prohibited funds from being used for the implementation of Country of Origin Labeling for meat and meat products.
Sponsor: Rep Rehberg, Dennis R. [MT] (introduced 6/8/2005)

108th
H.R.1550 : To authorize the Secretary of the Interior and the Secretary of Agriculture to make grants to improve the commercial value of forest biomass for electric energy, useful heat, transportation fuels, petroleum-based product substitutes, and other commercial purposes.
Sponsor: Rep Rehberg, Dennis R. [MT] (introduced 4/1/2003)

H.R.2459 : To establish the United States Consensus Council to provide for a consensus building process in addressing national public policy issues, and for other purposes.
Sponsor: Rep Rehberg, Dennis R. [MT] (introduced 6/12/2003)

H.R.3732 : To amend the Agricultural Marketing Act of 1946 to repeal the recently enacted two-year delay in the implementation of the country of origin labeling requirements of such Act for certain agricultural commodities.
Sponsor: Rep Rehberg, Dennis R. [MT] (introduced 1/27/2004)

H.R.4121 : To amend the Federal Meat Inspection Act to help ensure a healthy food supply, and for other purposes.
Sponsor: Rep Rehberg, Dennis R. [MT] (introduced 4/1/2004)

H.R.4315 : To prohibit the Secretary of the Army from releasing water from Fort Peck Dam if the water level of Fort Peck Lake is 20 feet or more below the reservoir's full pool, and for other purposes.

H.R.4583 : To amend the Farm Security and Rural Investment Act of 2002 to base the counter-cyclical payment rate for the 2003 crop year for producers whose farming operations are located in certain declared disaster areas on the total of the partial payments for that crop year.
Sponsor: Rep Rehberg, Dennis R. [MT] (introduced 6/15/2004)

107th
H.R.298 : To provide a further increase in the rates of military basic pay for members of the uniformed services for fiscal year 2001, and for other purposes.
Sponsor: Rep Rehberg, Dennis R. [MT] (introduced 1/30/2001)

H.R.1946 : To require the Secretary of the Interior to construct the Rocky Boy's/North Central Montana Regional Water System in the State of Montana, to offer to enter into an agreement with the Chippewa Cree Tribe to plan, design, construct, operate, maintain and replace the Rocky Boy's Rural Water System, and to provide assistance to the North Central Montana Regional Water Authority for the planning, design, and construction of the noncore system, and for other purposes.
Sponsor: Rep Rehberg, Dennis R. [MT] (introduced 5/22/2001)

H.R.4062 : To require the Secretary of the Interior to acquire certain land for the benefit of the Crow Tribe of Montana.
Sponsor: Rep Rehberg, Dennis R. [MT] (introduced 3/20/2002)

H.R.5214 : To authorize and direct the Secretary of Agriculture to take actions to promptly address the risk of fire and insect infestation in National Forest System lands.
Sponsor: Rep Rehberg, Dennis R. [MT] (introduced 7/25/2002)

Nick, this list is just some of the sponsored bills. There are hundreds of co-sponsors by Rehberg.

Comment By Napper Tander, 8-17-06

Rehberg is ripping off taxpayers. So don't listen to his blather about ending government waste and fiscal responsibility. Pay back the $60,000 to all of us now!

Comment By Craig Moore, 8-17-06

Why should anyone listen to blather especially from Farrell?

http://www.montanaforum.com/modules.php?op=modload&name=News&file=article&sid=5882&mode=thread&order=0&thold=0

>>>>>>>>
In response, Rehberg's chief of staff, Erik Iverson, said the Rehberg fliers were all approved by the bipartisan House Franking Commission, as all mass mailings must be. The commission consists of three Republicans and three Democrats.

The commission spells out in its rules how many times the name of a congressman may be mentioned in a mass mailing, the size of type and the number of photos a member may appear in, he said.

"The truth obviously hurts," Iverson said. "Out-of-state political operative Farrell is clearly frustrated at Denny's effectiveness and would like nothing more than for that effectiveness to be kept from Montanans."

Farrell moved to Montana a year ago when he was hired as executive director of the Democratic Party here.

Iverson said the three-term congressman is "not going to apologize for communicating with constituents."

Iverson said all three members of the Montana congressional delegation regularly send mailings to Montanans. Sen. Max Baucus, D-Mont., for instance, put out one after Hurricane Katrina hit and a targeted one on funding for the Going-to-the-Sun Highway in Glacier National Park, Iverson said.

"It's part of communicating with constituents," he said.

Rehberg certainly is not trying to pose as a liberal Democrat from Massachusetts, Iverson said.

"While that might be news to an out-of-state political operative like Farrell, this isn't news to Montanans," Iverson said.

"Montanans know that Denny has a long record of supporting veterans, seniors and families. Being relatively new to the state, Mr. Farrell probably doesn't have that historical perspective."

Iverson returned a shot at Farrell, saying, "This is the guy who invented the use of constituency funds to send out mailers for some of their most vulnerable (state legislative) incumbents."

A dozen Democratic state lawmakers received $1,000 each for their constituency funds from a national organization campaigning for Democratic state legislative candidates.

"I don't think the irony of that should be lost on anyone," Iverson said.
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