May 8, 2008 - 3:48pm
Leave it to the lawyers: Kroger throws the (law) book at Macpherson
By Lauren LafaroOnly in a campaign between two lawyers—in this case Attorney General candidates John Kroger and Greg Macpherson—will political discourse be marked by words such as code, title and case law. The jargon isn’t being thrown around in a battle over policy, however, but rather in a back and forth over whether Kroger has ever ‘practiced’ law in Oregon.
Macpherson’s latest ad portrays his opponent as a courtroom neophyte, akin to a seventeen year old newly licensed driver, and hinges on the statement that Kroger has “never practiced law in Oregon.” Macpherson's campaign butressed the statement with the fact that Kroger was only certified by the Oregon bar in September of 2007.
Kroger is now taking Macpherson to task over that statement, pursuant to Title 28, Section 517 of the United States Code and Title 28, Section 77.1 of the Code of Federal Regulation, which permits Assistant U.S. Attorneys to practice law in any court without licensure by the state’s bar.
According to his campaign, “Kroger practiced law while investigating Enron, which was legally incorporated in Oregon and had a substantial presence in the state. His practice in Oregon included identifying and interviewing potential witnesses, reviewing evidence, using his professional judgment to make legal determinations about government action in individual cases, and representing the United States in negotiations with defense counsel, including members of the Oregon bar who were representing Oregon citizens.”
Furthermore, according to Oregon courts, "the 'practice of law' means the exercise of professional judgment in applying legal principles to address another person's individualized needs through analysis, advice or other assistance." See Oregon State Bar v. Smith, 149 Or.App. 171 (1997).
He rests his case.
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It doesn't change the fact
It doesn't change the fact that Kroger has virtually no experience in Oregon politics, law or community organizations. Not to mention, this guy worked for Bush and John Ashcroft at the Justice Department for crying out loud!
If MacPherson hadn't lead the charge on necessary PERS reforms in the legislature, Kroger wouldn't have any money either. His campaign is being almost solely bankrolled by the public employees union as payback for PERS.
How the DOJ works
To say Kroger works for Bush and Co. is like saying your mailman worked for Bush. Kroger was a career prosecutor, the exact kind Bush tried to marginalize during the US Attorney scandal. To claim otherwise is to be willfully ignorant of how the DOJ works.
As for experience, Kroger has been Chair of the Oregon Democratic Party's' finance committee, he was one of the spokespeople for Measure 49, and he has been organizing for the Democratic Party since coming to Oregon.
This needs to stop...
he was one of the spokespeople for Measure 49
If Greg and Floyd Prozanski didn't write the bill, John wouldn't have had an opportunity to be a so-called "spokesman". I know several people who worked on that campaign who never ever saw John Kroger, but they saw Greg. Just give up on this. Volunteering is not the kind of public service that sets you up to hold STATEWIDE office! Neither is teaching at a PRIVATE law school that charges students $20,000+/year. Teach civics at Benson High School then you can talk to me about public service.
OPB doesn't count now?
FYI, Kroger was asked by the 49 campaign to be their spokesperson for the OBP documentary. The campaign itself put him front and center. As for public service, I guess I assumed that Oregon was part of America, and we were not so provincial that we pretend nothing exists outside of the state. The Marines is public service. Working as a policy advisory for Bill Clinton and the Treasury Department is public service. Working as Federal prosecutor (while going after an Oregon company called Enron) is public service. Working as the Chair of the Democratic Party of Oregon's finance committee is public service. Macpherson thought he could coast to victory so he never bothered to figure out why he wanted to be Attorney General. Now that the election is ending, he is left without ideas or policies, so he can only turn to false attacks against his opponent.
This needs to stop...
Talking points, talking points, talking points...blah blah blah...marines, public service...blah blah blah...Enron Enron Enron Enron...you know who this reminds me of? Rudy Guliani...with his 9/11 crap and how it made him the right choice for president...how is that working out for him? And, Greg wrote the bill! OPB would not have had a special to run...I can do this all day if you would like?
We can do lunch?
Macpherson wrote a bill. Wow, that is something. Well, actually its not, since legislative council probably did the drafting. He did hold hearings and told them what to write. So there is that. Did Macpherson single handily pass 40? No, the voters passed it by a large margin. What are Macpherson's two signature bills (as opposed to passing the buck to the electorate)? That would be writing a change in PERS that at the time he admitted may be unconstitutional* and is still tied up in courts and his other big bill would be voting to let let his firm's client, PGE, illegally overcharge ratepayers. Wow, that is some record to run on: sticking it to union members and sticking it to people trying to pay the electric bill. Mac is back!
*http://www.leg.state.or.us/macpherson/capup7_28_03.htm
Legal Nit-Picking means nothing
Kroger will Not get/Did not get my vote....
Legal Strategary
Yeah, who wants an Attorney General that knows the law, its about lawyerizing from your gut.
common sense and the law
I voted for the person best suited to serve Oregonians, "Oregon style". With "knowledge" of the law AND Common Sense!
I seek political leaders that will not only listen to ALL the people and not Just favor "special Interests". We voted for the person we believe will actually Act upon the pledged promise.
I'm a slave 4 U
Well, yeah, when you are principally backed by big companies that pollute, and you are running on a platform of not enforcing the laws and not rocking the boat, it is easy to keep your promises.
The Plan vs. No Plan
Most of the workings of the AG's office (representing the government in civil matters) will not change a lick, whomever is elected, since there is already a bureacracy in place of career govt. lawyers to manage the divisions within the AG's Office.
What can change is the focus of the Criminal Justice Division within the AG's office. Those lawyers tend to have been recruited to the AG's office as star county prosecutors. Left to their own devices they will do fine targeting whatever crimes they feel are important. Kroger has a plan to target enviormental crimes with this group. MacPherson has no plan. I like Kroger's plan so I am voting for Kroger.
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