Pelosi's Pickle

Editorial of The New York Sun
May 9, 2008

Aaah, to see the engineer hoist by her own petard. What else to make of the situation in which the speaker of the House, Nancy Pelosi, is now being accused, by two election lawyers interviewed by our Josh Gerstein, of violating the McCain-Feingold campaign speech restriction legislation that she championed as a congresswoman?

At issue is a television ad aired in Ms. Pelosi's district by a non-profit founded by Vice President Gore. The commercial features her appearing with Newt Gingrich to warn about the danger of global warming. The McCain-Feingold law bans ads featuring political candidates in the 30 days before an election unless the ads meet certain requirements, such as having the donors disclosed.

A Republican election lawyer, Jan Baran, told The New York Sun that to avoid penalties, Ms. Pelosi may find herself arguing against the law she voted for. "The only defense has got to be that it's unconstitutional," Mr. Baran said. If Ms. Pelosi makes that argument, she'll have our full support and no doubt that of many Americans from all sides of the political spectrum — from the American Civil Liberties Union to the National Rifle Association — who predicted when McCain-Feingold was passed that it would stunt free expression and ensnare even those with no corrupt purpose.

It will be illuminating to see where Senator McCain comes out on this one. He is running for an office that requires an oath to "preserve, protect and defend the Constitution of the United States," which, last we checked, included the First Amendment protections of free speech, assembly, and petition.