AN EXCEPTIONAL DAY: here’s my report on Friday’s court hearing on my challenge to Inslee’s Capital Gains Tax (your prayers helped!!).
And Anthony Mixer’s interview of me the next day (we had a very special camera person).
IT WAS AN EXCEPTIONAL DAY!
First of all, I was incredibly grateful to be joined in the courtroom — on a Friday afternoon! — by super supporters Dawn, John, & Laurie:
Initiatives are written by sponsors.
The Attorney General describes them with a ballot title — that’s what appears on the ballot for voters to vote on.
Last week, I detailed how this AG regularly helps his friends’ initiative descriptions and sabotages his enemies (see here).
And my legal brief detailed this disparate treatment.
At Friday’s hearing, I was there in-person and the AG was on a screen.
I went first. This was a new judge. I pretty much followed the outline of my legal brief, highlighting the AG’s bias, mistakes, and falsehoods in the description he assigned to our No Income Tax Initiative.
When I was done, the first thing the AG did was admit that they screwed up by not naming the affected governments — the state, counties, and cities that are prohibited from imposing taxes based on income by the initiative.
That alone was a victory.
But then they took issue with my other arguments, especially this one: during my opening, I told the judge the voters have a right to know the rate — 7% — of the capital gains tax imposed by the legislature and repealed by the initiative. “The rate should be in the ballot title, your Honor.”
But the AG disagreed, saying NAMING THE RATE WOULD CREATE BIAS IN FAVOR OF THE INITIATIVE AND THEREFORE SHOULD NOT APPEAR IN THE BALLOT TITLE.
I was incredulous.
In my rebuttal, I said: “Your Honor, the Attorney General wants to keep the voters in the dark about the tax rate because they say if the voters are told how high it is — the truth — this will make the voter more inclined to support the initiative and therefore should be excluded.”
Translation: the AG doesn’t want his ballot title for our initiative to tell voters that it gets rid of Inslee’s 7% capital gains income tax. Why? Because if it tells voters that fact, then that creates bias in favor of the initiative because it repeals the tax.
That’s what Bob Ferguson always does — keeps the voters in the dark by hiding the truth.
And in my rebuttal, I reminded the judge that in 2018, the AG defended in court the ballot title for a Bob Ferguson backed initiative and in their brief back then, they wrote “Using the phrase directly from the measure neither creates bias, nor is it inaccurate.”
I said “The standards should be the same whether Bob Ferguson supports the initiative or opposes it. He’s clearly trying to defend the tax by hiding from voters how high it is.”
No other part of the hearing gave me greater satisfaction.
I was interviewed the next day by Anthony Mixer (who is running for one of the Fire Commissioner positions in Lewis County) about the court case and other issues — click on the image to watch it:
If that doesn’t work, try this: https://youtu.be/QG-o_yaMKnE
The beginning of the video is especially fun because it starts with me and my daughter Riley — our interactions are pretty priceless. She served as my/our Facebook Live camera person and sharing this experience with her made the whole thing extra special (clicking on this image same video as above):
As I said in the interview with Anthony, 99 times out of 100, Thurston County judges rubberstamp the AG’s ballot title (and other recent cases too!).
My sense is this new judge won’t do that. I’ll let you know.
But I really felt this court battle was worth it for no other reason than it was another great opportunity to expose how corrupt this AG is.
Over and over again, when the AG screws up, I call him on it:
Is it any wonder AG Ferguson wants a lifetime ban on my future political activity?
I’m 100% committed to appealing these ridiculously unconstitutional restrictions on the First Amendment because if they get away with it with me, you could be next!
But we need your help to do it.
Please donate to my legal defense fund here:
In addition, we worked really hard on our $30 Tabs Initiative:
And now, a message from Sid Maietto and Larry Jensen:
We’re asking folks to donate to our PAC so Tim can get paid back. And your donations will also help stop Inslee’s Income Tax and Carbon Tax Schemes with the initiatives we’re co-sponsoring with Tim.
The taxpayers of Washington need our help now more than ever. Donate to our political committee so we can keep fighting for you:
Sid Maietto & Larry Jensen
— END —
I love you all.