Richard Sanders will do a much better job in court than I ever could on Thursday, but here’s what I’d say to the appeals court.
Tues, Oct 18, 2022
I’ve never had to face the pressure of presenting oral arguments to a panel of judges.
Richard Sanders has done so many many times.
Before Richard sent me his planned opening statement, I sent him suggestions.
I’ve now read Richard’s planned opening statement and it’s much better than mine.
But here’s what I recommended to Richard:
The State’s case against my client has 2 fundamental flaws.
Under state law, campaign reporting is solely the legal responsibility of the treasurer and it is a fact that Mr. Eyman was never the treasurer — CPA Stan Long was. But the State didn’t charge Mr. Long for “failing to report” — they didn’t even talk to him.
The State targeted Mr. Eyman even though he wasn’t the treasurer.
The State’s case should be dismissed based on that fact alone.
But the State’s case has a 2nd fundamental flaw: treasurer Stan Long didn’t report any of the transactions at issue because none of them were campaign donations or campaign expenditures.
When Mr. Eyman’s friends helped him and his family survive the State’s multi-year litigation by giving him charitable assistance, he didn’t spend any of those funds on a campaign, he used their charitable assistance to pay his attorneys and his family’s living expenses.
The checks his friends provided weren’t made payable to a campaign, they were made payable to Tim Eyman, Tim Eyman & Family, and Tim Eyman Legal Defense Fund.
Treasurer Stan Long knew the reporting laws and so he didn’t report, for example, Sid Maietto’s $25 check because it was made payable to “Tim Eyman” and because it was not spent on a campaign.
Same goes for the $100 check from Erma Turner that was made payable to “Tim Eyman Legal Defense Fund”.
Their charitable assistance, and everyone else’s, was used to pay Mr. Eyman’s attorneys and his family’s living expenses, not a campaign.
So treasurer Stan Long did not report them.
These 2 fundamental flaws – that Mr. Eyman was never the treasurer and these weren’t campaign contributions — are 2 undeniable facts that makes the State’s case fundamentally flawed.
But the State knew their case was undermined by these facts and so they bastardized the Fair Campaign Practices Act by claiming that Tim Eyman, the person, was a walking talking political committee.
This twisted interpretation of the FCPA is unprecedented in its 50 year history and is certainly unconstitutional as applied to Mr. Eyman.
Political committees must report every dollar they receive and every dollar they spend.
Requiring Mr. Eyman to register with the government, prohibiting Mr. Eyman from having his own money used to pay his personal expenses, mandating Mr. Eyman hire a treasurer to publicly report any money he receives, whether related to his political activity or not, and publicly report what Mr. Eyman’s treasurer spends his money on, whether related to political activity or not clearly burdens his rights under the First Amendment.
Mr. Eyman is a person, not a political committee.
As for Mr. Eyman’s business transactions at issue in this case, the record will show that none of them were subject to FCPA reporting and so treasurer Stan Long did not report them for that reason. Mr. Eyman’s LLC was paid with non-campaign funds, his LLC loaned money that wasn’t campaign funds, and his LLC’s loan was repaid with non-campaign funds.
Mr. Eyman never spent campaign funds on anything because he couldn’t — he was never a signer on any bank account for any campaign so he never had access to campaign funds — the only money he ever spent was his own — money he earned or charitable assistance he received from his friends.
Treasurer Stan Long was the only person legally responsible for campaign reporting and was the only person capable of spending campaign funds — and he did his job correctly — he reported all campaign transactions and he did not report non-campaign transactions.
No treasurer would have.
The State’s case against Mr. Eyman is fundamentally flawed and I ask this court to reverse the trial court’s ruling and dismiss this case.
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I think that’s pretty good.
But after reading Richard’s, I’m even more grateful that he’s my attorney.
His is much better than mine.
Join me this Thursday morning so together we can watch Richard take on this corrupt AG.
It’s at the Court of Appeals Division 2 in Tacoma (909 A Street).
I’m getting there at 10am. It’ll begin at 10:30am and is scheduled to last one hour (30 minutes per side).
Richard is a hero for taking on this historic battle.
Please … I urge you to please donate to my legal defense fund so I can continue to be defended by Richard Sanders and we can make sure what Bob Ferguson is doing to me and my family never happens to anyone else ever again.
With your help, I will continue to fight for the people across our nation with initiatives, lawsuits, lobbying, and helping elect more freedom-loving elected officials.
Thank you for supporting me and being in my corner so I can continue to do what I was born to do.
Please donate today:
Mail-in donation: Tim Eyman Legal Defense Fund, 500 106th Ave NE #709, Bellevue, WA, 98004
And now a message from Larry Jensen & Sid Maietto:
We’re asking folks to donate to our PAC so we can keep fighting for taxpayers with Jim Walsh’s initiative I-1491, the STOP ALL INCOME TAXES INITIATIVE.
The taxpayers of Washington need our help now more than ever. Donate to our political committee so we can keep fighting for you:
Mail your check — made payable to “Permanent Offense I-1491” — to: Permanent Offense, PO Box 6151, Olympia, WA, 98507
Or donate online: PermanentOffense.com
Sid Maietto & Larry Jensen
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Larry, Tim, & Sid
P.S. Again, please donate to my legal defense fund today: