Brinkman Says Ohio Senate President Bill Harris Rigged SW Ohio GOP Appointment: FOI Uncovers Letters Backing Schneider

CINCINNATI (TDB) -- Former State Rep. Tom Brinkman says a public records request shows that Ohio Senate President Bill Harris concealed letters of recommendation supporting Michelle Schneider when she sought the District 7 Senate seat that covers Warren and Hamilton counties. Brinkman says one of the hidden letters came from the family of Robert Schuler, the incumbent who died in office last year. The GOP Senate caucus appointed Shannon Walker Jones to the vacant seat last summer. Brinkman contends a biased selection process was used in Columbus to seat Jones and "is not only un-Republican, it is un-American." Schneider is now challenging Jones in the May GOP primary.

Brinkman's claim that the appointment process was a sham rigged by Harris emerged in a letter that is circulating among Hamilton County Republicans. The letter says Jones raised $170,000 from First Energy Corp., an Akron utility company, and its coal suppliers. It claims Harris created a 7-member selection committee that focused on Jones fundraising prowess rather than her lack of support among Cincinnati-area Republicans:

"When the 'selection committee' recommended Ms. Jones, they disregarded written letters of recommendations for Michelle Schneider that . . . had been signed by (among many others) Commissioner Greg Hartmann, Prosecutor Joe Deters, Clerk of Courts Patty Clancy, Engineer Bill Brayshaw, County GOP Chair Alex Triantafilou and former Ohio Senate Presidents Aronoff and Finan. Michelle's support from Warren County elected officials was equally impressive, with letters from their County Commissioner, current and former Sheriffs, and county Engineer, Treasurer, Clerk of Court and Coroner.

"After the 'selection,' I made a public records request for all correspondence to the State Senate in support of any of the candidates. To my surprise, I found that the Senate President had withheld from his hand-picked selection committee many letters of recommendation, including one from the Schuler family. In contrast, only one countywide elected official (from Warren County) endorsed Ms. Jones. There were no letters of support from any Hamilton County resident. In light of this serious imbalance in local support, I question how the 'selection committee' could have recommended Ms. Jones over Michelle Schneider."

Schneider is a former state representative from suburban Cincinnati. She also was the mayor of Madeira. She is challenging Jones, who lives in Springboro, a city in Warren and Montgomery counties that is a suburb of Dayton. Jones got the Senate appointment in August 2009. Brinkman also applied for the Schuler vacancy.

Tom Brinkman Is Back And Running For Hamilton County Auditor: This Time He's A GOP Regular

CINCINNATI (TDB) -- He was term-limited out of the Ohio House in 2008, and has tried twice to win the Oh-02 congressional seat held by U.S. Rep. Jean Schmidt, a Republican whom he holds in low regard. Brinkman is not your standard issue GOPer -- he endorsed former Gov. Bob Taft's Democratic opponent in 2002. Brinkman has feuded with party leaders, and won his House seat by beating the county party's endorsed candidate. He is a maverick, a conservative maverick. But he's running for Hamilton County Auditor this year under the official Republican banner.

GOP Chairman Alex Triantafilou endorsed Brinkman for auditor this morning. (By the way, some folks pronounce the chairman's surname as "Tryingtofoolyou." The Bellwether likes to call him Chairman Alex.) Chairman Alex made no mention of any past difficulties or Brinkman's sandpaper relationship with the party brass. Maybe he was being Mr. Tryingtofoolyou:

"Tom Brinkman has a history of fighting for lower taxes and to protect life. Instead of playing both sides, Tom has been a loyal conservative fighting for taxpayers. He will continue that fight in the Auditor's office."

Wikipedia has a wonderful biographical entry about Brinkman. The Bellwether has known him for years. He is unique. And with Brinkman what you see is what you get. He is not a phoney. He is not a diva. He says what he believes. You may not like what he says or believes. In fact, what he says and believes drives a lot of people crazy, or leaves them scratching their heads. But Brinkman recognized Bob Taft and Jean Schmidt as flawed figures and lightweights, and spoke up. Few others in his party would break ranks to tell the truth. Long before there was a tea party movement, Tom was Capt. Lipton.

OH-02 GOP Jean Schmidt: Dayton Daily News Says Dump Her For Brinkman (R) Or Wulsin (D)

DAYTON (TDB) -- Republican U.S. Rep. Jean Schmidt's reelection bid was sneered at today by the Dayton Daily News, which endorsed her GOP primary opponent, State Rep. Tom Brinkman. In rejecting Schmidt, the newspaper said she has a history of "bush league mistakes" in Washington. The newspaper contends Schmidt's antics have turned the once solidly Republican 2nd Congressional District into a battleground that can be taken by a Democrat this November. The Dayton Daily News editorial said:

"Rep. Brinkman could represent the district better than the incumbent and probably be a better candidate in November."

On the Dem side, the newpaper picked Dr. Victoria Wulsin, a physician who was the party's 2006 nominee. Wulsin was barely beaten by Schmidt. It said Wulsin's opponent, Steve Black, is a lawyer and his candidacy "devolves" into a single issue; that Congress needs another lawyer. It prefers Wulsin because she is fresh and from another profession.

"Dr. Wulsin has a remarkable resume of medical work, both here and abroad. She had devoted years to humanitarian causes. She had not been a politician . . . Dr. Wulsin would bring unusual experiences, sensibilities and ability to Washington. In a primary race in which the Democrats do not differ profoundly on the issues, she is the right choice."

Brinkman, a hardcore conservative, seems to be finding traction in an uphill contest against Schmidt by citing her House vote last year against President Bush's push to increase access for college loans. Bush said the federal grants and loans would increase U.S. competiveness in the global economy and help better schooled workers land jobs. Brinkman agrees. The Dayton Daily News noted: "He says when he ran for the legislature eight years ago, the main thing he wanted to do was cut taxes. He says he has since learned that there's a more important consideration in building an economy: Improving the quality of education."

OH-02 GOP Tom Brinkman: Ohio Christian Newspaper Declares Him 'Our Pick'

CINCINNATI (TDB) -- Christian Citizen calls the March 4 primary "a critical time for conservatives and the Value Voters," and has picked State Rep. Tom Brinkman in the OH-o2 contest against U.S. Rep. Jean Schmidt. The newspaper -- which appears irregularly and is distributed through evangelical churches in SW and southern Ohio -- quietly put out the word for Brinkman last week. It describes the suburban Cincinnati lawmaker as a "conservative's conservative" and seems to say that Schmidt is not a really a Republican.

The endorsement may gain the term-limited Brinkman some attention -- he is a serious underdog, seriously underfunded and widely considered headed for defeat barring a political comeback of epic proportions. Here's what the Christian publication said:

"The 2nd Congressional District race is another hotly contested race where Republicans are trying to take that district from incumbent Jean Schmitt (sic). . . However, our pick for that race is Tom Brinkman. Also a former Ohio State Representative, Brinkman stands for lower taxes and no abortions. He has taken a pledge to 'oppose any and all efforts to increase marginal tax rates for individuals and/or businesses and oppose any net reduction or elimination of deductions and credits unless matched dollar for dollar by further reducing tax rates." Brinkman is known as a conservative's conservative and he wants to win the primary in the 2nd Congressional District becauses he fears that district could be lost to the Democrats due to a weak showing of Congresswoman Schmidt."

It is not elegant prose. And there is an error -- Brinkman is not a former rep.

OH-02 Roundup: Dems Stay Neutral; Brinkman Targets Schmidt College Aid Vote

CINCINNATI (TDB) -- No surprise here. The Hamilton County Democratic Executive Committee won't pick sides in the Democratic primary contest between Steve Black and Vic Wulsin. There won't be an endorsement, the group decided Thursday night. Wulsin was the party's nominee in 2006. Dem insiders have long been saying the party would stay on the sidelines.

ON THE GOP SIDE: State Rep. Tom Brinkman (who is not endorsed by Republican county officials across the district) says that U.S. Rep. Jean Schmidt voted against the College Cost Reduction and Access Act last September. Brinkman's campaign argues that the measure -- which had the support of President Bush and 77 House Republicans -- was crucial for Ohio's economy because it expanded access to funds for college education.

In Ohio, Gov. Ted Strickland and the GOP-controlled General Assembly have froze college tuition rates for two years. There is widespread agreement in Columbus that Ohio needs to expand college enrollment -- while holding costs in check -- in order to create a more attractive business climate for jobs growth. Brinkman contends the state economy has been in the tank and Schmidt turned her back on a revival opportunity. A majority of the state's House delegation backed the measure.

At the Sept. 27, 2007 bill signing ceremony, Bush said he had been "looking forward" to putting his signature on the law because it expanded an important and successful higher education initiative. He said Congress had acted to build a better future.

"The other thing is, this is a practical approach to dealing with the fact that we're -- live in an age when technology is transforming the way we live and work. In order for our citizens to be able to seize the opportunities of a new era, they're going to have to have skills that can only be learned through a post-secondary education. That's the realities of the world in which we live. According to one study, 80 percent of the faster-growing jobs in America require some sort of education after high school. Times are changing when we were -- the baby boomers like me were younger -- it's a different era. We're living in a global economy. And we've got to stay competitive as we head into the 21st century, and the best way to stay competitive is to make sure people have access to good education."

Brinkman contends Ohio's economy needs help adapting as manufacturing jobs disappear. He said Schmidt doesn't get it. Ohio's 2nd Congressional District includes five counties in Appalachia, and several are plagued with chronic unemployment and poverty. Often, the only way out is a college degree. Brinkman appears to be settling on an issue that could resonate across the district -- Schmidt turned her back when she had a chance to help Ohioans with crushing college tuition costs.

OH-02 Republican Phil Heimlich: Suckers, I'm Not Refunding Donations

CINCINNATI (TDB) -- Phil Heimlich's campaign for the Oh-02 Republican nomination is pffffft!!!! He raised nearly $350,000 and he's not giving the unspent cash back to donors now that he's cut and run from U.S. Rep. Jean Schmidt. Heimlich plans to keep the left over for "future" opportunities. Some think that smells like a deal -- he bails and Schmidt and the GOP establishment give him an appointment to an office in Hamilton County somewhere down the road.

Howard Wilkinson gets Heimlich on the record about keeping the money:

"Heimlich has put together a formidable campaign organization, complete with a slick campaign Web site. Through last fall, he had raised more money than Schmidt. He said Wednesday that his campaign had raised about $350,000. Some of that money, Heimlich said, would be used to pay campaign staff and outstanding bills. The rest, he said, he would keep in his campaign account 'for opportunities that come up in future years.'"

Heimlich's slick campaign Web site was still up and running more than 24 hours after he quit the race. And at the moment he's still seeking campaign contributions. Inquiring minds are wondering: Wouldn't an ethical politician have shut down the donor page immediately upon ending his campaign?

Federal Election Commission campaign finance reports are due at the end of the month and will become public. Then, everyone can see how much Heimlich raised, how much he spent, and how much he kept.

OH-02 GOP Phil Heimlich: He Quits The House Race

CINCINNATI (TDB) -- Less than a week after losing the Hamilton County GOP endorsement to U.S. Rep. Jean Schmidt, Phil Heimlich has folded his campaign for the OH-02 nomination. The former County Commissioner quit today and said the endorsement and State Rep. Tom Brinkman's "late entry" in the contest forced him out.

"Mr. Brinkman's candidacy serves no purpose other than to assure Representative Schmidt's renomination. There is no reason to put the Republican Party through a tough primary when victory isn't possible. To do so would only lead to the ultimate benefit of the Democratic Party and its liberal agenda."

Heimlich was defeated in November 2006 by David Pepper. He briefly partnered with former GOP attorney general Jim Petro as Petro's lieutenant governor running mate in 2006 , but left that spot to run for reelection to the commission. Petro was clobbered by Ken Blackwell. Heimlich is a lawyer and may return to the practice of law. His political career clearly is in shambles. So far, no reaction from Brinkman, a conservative like Heimlich. Brinkman, who is term-limited from the state House, benefits from the withdrawal.

Hamilton County Jail Tax: Court-Ordered Letter Puts Cost At $110,000 Per Bed

CINCINNATI (TDB) -- A letter is being sent to more than 1,000 county workers under a legal settlement in an unfair campaign-practices lawsuit filed by jail tax opponents against Hamilton County officials. The letter raises financial questions about the $198 million pricetag for building a new hoosegow. It says the 1,800-inmate facility is estimated to cost $110,000 per bed. It notes that neighboring Warren County is adding capacity for 180 prisoners at a cost of $28,000 per bed. And Butler County spent $35 million in 2003 on a new jail for 800 inmates. There, the cost worked out to about $43,000 per bed.

Jail tax opponents are hammering on a theme that the project smells like a boondoggle.

Politics Extra was first to obtain the letter and posted a link to it the web. The letter was drafted by Jeffrey Capell, the plaintiff in a lawsuit contending Sheriff Simon Leis wrongly used county time and facilities to campaign for the jail. The letter opposing the jail tax was paid for by COAST, the Coalition Opposed to Additional Spending and Taxes. That organization was founded by State Rep. Tom Brinkman, a Cincinnati Republican who is the state's top anti-tax hawk.

Capell says the sales tax increase is unnecessary and he pained the jail project as a government pork project.

"Remember, the land in Hamilton County has been donated. In Butler County, they had to acquire the land as part of the construction costs. Why is the cost of our jail two or three times per cell what these immediately adjoining counties spend on jail spaces?"

Ohio's Miami University: State Rep. Tom Brinkman Loses Lawsuit To Block Same-Sex Benefits

CINCINNATI (TDB) -- A state appeals court in Butler County says Republican State Rep. Tom Brinkman has no legal standing to challenge Miami University's policy of offering health care benefits to domestic partners of the school's gay employees. The 12th District Ohio Court of Appeals issued a unanimous 3-0 decision that dismissed the case. Judge James A Brogan wrote: "We conclude that Brinkman's status as an Ohio taxpayer does not give him standing to challenge the university policy of providing health insurance benefits to same-sex domestic partners of its employees."

Brinkman is an ultra-conservative who represents a state House district that covers Cincinnati's east side and suburbs. He reportedly is considering a run for Ohio's 2nd Congressional District, a seat now held by GOP U.S. Rep. Jean Schmidt. He is term-limited out of the legislature in 2008. Brinkman has been a leader in Ohio's anti-gay rights movement, and a judge in Hamilton County has publicly accused him of trying to alter petitions that would have placed a local anti-gay rights referendum on the ballot in Cincinnati. The judge, Robert A. Ruehlman, described Brinkman's conduct as crooked.

The appeals court ruling was a victory for gay rights and Ohio's state university system. Campuses around the state offer similar benefits and contend they are a recruiting tool to lure in or retain talented faculty. The schools could have been forced to drop the benefits by an adverse decision. The case was based on Ohio's November 2004 state constitutional amendment that bans gay marriage -- Brinkman's argument was that providing same-sex benefits for gay couples is discrimination against non-gay couples. He contended they are not eligible because Miami University declines to recognize their heterosexual domestic partnerships.

Miami University began providing benefits to domestic partners three years ago. School officials say the benefits cost about $100,000 a year and estimate about 30 people receive them. Lambda Legal fought the Brinkman challenge in court and has more about the case on its Website. Lambda represented two professors, Jean Lynch and Yvonne Keller, and contended Miami's policy had no direct impact on Ohio taxpayers because the benefits were not paid with state funds.

Bellwether v. Bizzyblog: Division Over Free Speech For Judges And The Brinkman Swipe

CINCINNATI (TDB) -- Bizzyblog's Tom Blumer delivered his brief today. Now the Bellwether offers a counterpoint in respectful disagreement and will quote the deeply conservative Supreme Court Justice Antonin Scalia: "For one thing, it is virtually impossible to find a judge who does not have preconceptions about the law."

[UPDATE: 9:50 pm EDT 7/23/07 -- Weapons of Mass Discussion has been following the Ruehlman-Brinkman blowup. The Bellwether was remiss in not linking earlier, and hopefully makes amends. The blog has the coolest name in the Ohiosphere, and keeps a sharp eye on the treacherous shoals of politics and public affairs. WMD is correct that Brinkman-Ruehlman is not a one news cycle potboiler. It seems to have legs.]

The debate is joined over free speech for judicial officers in Ohio, and grows out of Hamilton County Common Pleas Judge Robert Ruehlman's censure from the bench last week of conservative Republican Ohio State Rep. Tom Brinkman.

The Bellwether finds itself in the camp of Justice Scalia, who clearly favors free speech for judges on matters of legal import. Ruehlman, a GOPer as is Brinkman, did not mince his words. He called Brinkman a "criminal" for allegedly changing signatures on referendum petitions that had been circulated to repeal a Cincinnati law promising equal rights to gays and lesbians. Brinkman was not charged with a crime, although the judge said his conduct was reprehensible. The links above cover all that territory.

Bizzyblog has taken the position that it is unethical for judges to have strong opinions, and cites enough canon-law to fill the cavernous cargo bay of an Air Force C-17. He marshalls his contention that judges should not disparage the people who appear in their courtrooms, or have matters pending, and that judges should be impartial, or somehow thoroughly above all frays -- though those are not his words. But they certainly appear to convey Bizzyblog's intent.

Over here at the Bellwether, the canons are not interpreted quite so tautly, and they are seen as a bit archaic, more akin to the slender freight bays of the C-47's that hauled materiel in World War II. The guiding principle -- at least in this instance about judicial freedom of expression -- comes from Justice Scalia, a man of opinion on and off the bench, a man with a reputation as garrulous and of being in accord with the political right as it exists in the United States.

Scalia, in 2002, wrote the opinion that squelched state attempts to limit what judges could say while they campaigned for office. Ethics rules had them censored, and Scalia led the Supreme Court majority that loosened those rules in a case originating from Minnesota. He said candidates for judge can have views on the law, and can speak publicly about what those views are. It is not a far jump from that to Ruehlman, who said the law governing elections in Ohio had been abused by Brinkman. Here's Scalia:

"Indeed, even if it were possible to select judges who did not have preconceived views on legal issues, it would hardly be desirable to do so. 'Proof that a Justices mind at the time he joined the Court was a complete tabula rosa in the area of constitutional adjudication would be evidence of a lack of qualification, not lack of bias.' (citing Justice Rehnquist) The Minnesota Constitution positively forbids the selection to courts of general jurisdiction of judges who are impartial in the sense of having no views on the law. And since avoiding judicial preconceptions on legal issues is neither possible or desirable, pretending otherwise by attempting to preserve the 'appearance' of that type of impartiality can hardly be a compelling state interest either."

There is more on this: Judges who are biased can be removed from cases, either by the parties in court complaining, the jurists' own recognition that they cannot be fair, or action of the Ohio Supreme Court, which has the power to step in and oust a judge whose mouth was out of order. So far, none of the parties with the election law case before Ruehlman have asked him to recuse himself.

A final note: Bizzyblog and I part ways on whether Judge Ruehlman was within his rights. But there won't be any name calling or eye-gouging or spitting, which all to often goes hand-in-hand with blog posts that take different sides on matters of public discourse. Perhaps I am more libertarian on matters of free speech for elected officials; perhaps he is more concerned about the issue of fairness to someone who is severely criticized by a high-ranking public official.

Ohio State Rep. Tom Brinkman: Judge Says He's A Crook

CINCINNATI (TDB) -- Sharon Coolidge of the Cincinnati Enquirer has the big story that is rocking the Hamilton County Courthouse and will cause waves in Ohio politics: Common Pleas Judge Bob Ruehlman Judge says State Rep. Tom Brinkman is a "real criminal."

Ruehlman is a Republican, as is Brinkman, but he was was livid that Brinkman reportedly changed 1,000 signatures on an anti-gay rights petition circulated in Cincinnati and wasn't prosecuted for an elections law violation.

The complaint filed with the Hamilton County Board of Elections that began the investigation originated with Citizens to Restore Fairness, an organization that favored rights for gays and others who faced discrimination in Cincinnati. Judge Ruehlman said Brinkman tried to cheat and his actions took away "the right for people to decide issues when you cheat like that."

Brinkman is a conservative pro-lifer who represents the 34th district in the state House. He has introduced bills that would outlaw abortion in Ohio. He faces term limits next year from his state House seat, which covers the East Side of Cincinnati and some suburbs.

In the past, Brinkman has told the Bellwether he didn't tamper with the petitions illegally. He said he got advice to do what he did from a lawyer, David Langdon, who was a special counsel for former Secretary of State Ken Blackwell, a Republican who was the state's top elections official. Langdon also was involved with Citizens for Community Values, the Cincinnati area group that led the fight for the anti-gay marriage amendment adopted in a 2004 statewide referendum. Langdon was co-author of the amendment.

Brinkman has made noises that he might for Congress in OH-02. But Ruehlman's blast probably cut the legs out from under any political future he might have. Opponents will always point out that a judge called him a crook in open court.

Oh-02's Rep. Jean Schmidt: Make English 'Official' Language

CINCINNATI (TDB) -- U.S. Rep. Jean Schmidt signed up last week to cosponsor two bills that make English the nation's official language. One eliminates the Voting Rights Act requirement that some elections be bilingual. In areas with large Hispanic populations -- South Florida, for example -- there now are Spanish/English ballots. And also Creole for Haitians. But the measure, HR 769, would forbid the practice.

[UPDATE: Check out THIS take on language laws about Singapore. Clever satire, right?]

Schmidt became a co-sponsor March 8. She joined two other Ohioans, U.S. Rep. Steve LaTourette, R-Oh-14, and Ralph Regula, R-Oh-16. The measure is called the "National Language Act of 2007" and more information is HERE. The measure has been referred to committee and probably won't go very far.

Schmidt also put her name on HR 997, another bill that make English official. Rep. Steve Chabot, R-Oh-01, already was a co-sponsor. This bill specifically says the states and the District of Columbia must use English, and says anyone seeking naturalization as an American citizen will have to pass a test showing they can comprehend English. One of the requirements: "All citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution and the laws of the United States."

But that last clause is a doozy -- could it open the door to questioning potential citizens about the tax code? Imagine being tested about the IRS rules? They are written in English, but everybody knows they are nearly impenetrable for average Americans.

There are details about the measure HERE.

Schmidt is a conservative pro-life, pro-gun lawmaker whose district starts in Cincinnati and stretches east along the Ohio River to Scioto County. She may have opposition in the GOP primary from State Rep. Tom Brinkman Jr., an ultra-conservative from Cincinnati, and the bills to require English will play well in her district. Whether the measures become law or not, her decision to co-sponsor was a canny political move and shows that Schmidt -- a marathon runner -- is toughening up for a potential race with Brinkman.

OH-02: It Looks Like Term-limited Tom Brinkman Could Force GOP Primary

CINCINNATI (TDB) -- Spent some time chatting in a Cincinnati coffee shop recently with State Rep. Tom Brinkman Jr., an ultra-conservative Republican who said he has pretty much made up his mind to run against U.S. Rep. Jean Schmidt in the 2008 GOP primary. Brinkman's 34th Ohio House district is on Cincinnati's East Side and includes Anderson Township, a large suburb. He said he is term-limited out of the Ohio General Assembly in 2008, still supports term limits even though they are forcing him out of an office, and more than strongly suggested he has his eye on the House seat Schmidt won in 2005.

Brinkman has a chairmanship in this legislative biennial, which he believes adds meat to his Statehouse resume , which sometimes strayed into cul-de-sacs and what looked like political performance art. Brinkman was a ceaseless critic of former Republican Gov. Bob Taft, whom he refused to support, and he probably will try to use his anti-Taft history as an asset. He said he'll be involved in getting Worker's Comp reforms through the General Assembly this session, which he can point to on the primary trail as a legislative accomplishment. Brinkman ran against Schmidt in the 2005 special primary. She came out on top of the 11-person field and then slipped past Democrat Paul Hackett. Last fall, she edged Democrat Victoria Wulsin.

Brinkman said he was confident he could a make a case across the seven-counties of OH-02 that he would be a stronger candidate against Democrats than Schmidt. He said his political base in Hamilton County is larger than hers in Clermont County. Both Schmidt and Brinkman are pro-life, pro-gun conservatives. Brinkman said he will contend that his anti-tax credentials are stronger.

Another Hamilton County Republican supposedly interested in a primary is Phil Heimlich. His formal intentions are unknown, and some of the buzz about his stature as a political figure of future import died down this winter. Michael Keating, a former bank executive, may be looking into a race. Asked what he's heard, Brinkman said he thinks Keating might run, he's fairly confident Heimlich won't and didn't know much about the plans of a third oft-rumored Schmidt foe: Hamilton County Prosecutor Joe Deters.

Bottomline: Brinkman clearly wants to run against Schmidt and he seems to be gearing up for a race. He said he's already met with pro-gun forces to gauge their support. Can he raise enough money? Schmidt has the power of incumbency. That's always a factor. And do Republicans ever dump sitting officeholders? Not often.