Michael Tenenbaum & GOP trial lawyer hypocrisy
Michael Tenenbaum, a GOP candidate for the CA-24 congressional district being vacated by Elton Gallegly, is a member of the Ventura County Bar Association, heading up that organization's Public Education committee, with this mission statement: "The Public Education committee was formed to fight back the U.S. Chamber of Commerce attack on trial lawyers. The committee is currently developing a ready response team, which is prepared to deal with attacks made against the legal profession, the Speaker's Bureau, and Law Talk."
But the US Chamber of Commerce is practically synonymous with the GOP, which has specifically called out trial lawyers and their "frivolous lawsuits" in the official Republican party platform. So right off the bat, Tenenbaum has a problem with trying to have it both ways - defending his career as a trial lawyer, while getting the endorsement of the Republican establishment, which demonizes his profession in the name of protecting the corporate interests that feed the GOP machine.
more after the flip...
From the 2004 Republican Party Platform (PDF):
An area in special need of more work is liability reform. Frivolous lawsuits put more money in the pockets of trial lawyers and leave businesses with less money to create jobs. They raise health care costs on small businesses, often preventing them from offering health insurance to their employees. We support efforts by President Bush, Congressional Republicans, and Republican governors to curb the burden of frivolous lawsuits. We recognize that the Democrats’ nominees, one of whom made his fortune as a trial lawyer, are beholden to the interests of the trial lawyer lobby and offer no hope for reform of this badly broken system.
And there's a long history between the US Chamber and Republicans. This is just one of many examples, from the New Mexico Business Weekly, November 15, 2002:
The U.S. Chamber of Commerce ... matched their campaign contributions with grassroots efforts to persuade people to vote for pro-business candidates, primarily Republicans. The chamber made 1 million telephone calls to voters and sent out 2 million direct-mail pieces, and NFIB contacted 3 million small business owners in addition to its 600,000 members.
So how does Tenenbaum reconcile this? Why does he gain the support of the entrenched Republican party, when he is, to quote the official party platform, "beholden to the interests of the trial lawyer lobby and offer no hope for reform of this badly broken system"? How does he go out and talk to major donors about his candidacy, when he'll have to answer the "trial lawyer" question every single time? How does he resonate with Republican voters, when that candidate's party, in its usual black/white wedge issue framing, is telling those voters TRIAL LAWYERS BAD?
And why does Michael Tenenbaum, in his role as Public Education committee chair for the Ventura County Bar Association, "fight back the U.S. Chamber of Commerce attack on trial lawyers," when the problem is his own party? Is this a smokescreen that allows him to continue receiving the support of the mainstream beltway Republican party, while "attacking" the US Chamber of Commerce?
To me, the "trial lawyer" wedge issue is deceptively framed. The GOP argues that it is to protect small businesses, jobs and health care for employees, when I see it as a way to limit corporate liability, despite what damage a corporation does as a result of inadequate safety controls and diminishing regulation on the federal level. I think that in many cases, the courts, and thus trial lawyers, are one of the few recourses that citizens have to fight back when they have been wronged. So I'm curious to see how the Tenenbaum Conundrum shakes out, and how he reconciles his own party platform.
| Permalink | author bio | 
Comments (7)
You correctly observe that too many in our society use the term "Trial Lawyer" as a stereotype. You know, like race, color, creed or national origin. Those people conveniently forget that Bush 43 is Pres. because of the work of "Trial Lawyers." The tast of educating those people is not easy; but,it's no conundrum for Michael Tenenbaum. When people or business are injured or wronged by the conduct of another, they deserve their day in court, just like "W". Once you shake away all the COC rheteric people understand. And Yes, Tyler, there are frivilous lawsuits. But, they are far outweighed by legitimate claims for just compensation by injured victims, be they individauls or business. Anyone who would tell you otherwise is simply a liar.
Comment #1 Posted by: Jim Prosser | March 15, 2006 08:49 PM
Hi Jim - thanks for participating and leaving a great comment. Perhaps the conundrum is for Tenenbaum's supporters and endorsers in the party. Shouldn't they be conflicted in supporting him, since he's from a profession that is targeted in the party platform? I would guess that there's no conflict, and any talk of is accompanied by a wink and a nod.
Here's another question: is being a trial lawyer in the GOP similar to being a Log Cabin Republican? How are they different?
Comment #2 Posted by: Tyler | March 15, 2006 09:58 PM
Tyler, would you ever consider voting for Gallegly or Tenenbaum?
Comment #3 Posted by: brian dennert | March 15, 2006 10:55 PM
Hmm..interesting question, Brian. I'm a registered Libertarian. Up until 2000, I voted for no more than a couple Republicans and a couple Democrats. But I have been completely polarized by this administration.
The GOP from the top down is riddled with corruption, cronyism and incompetence. I think we need a tidal wave of change in this country, and it starts from the ground up.
Regarding voting for Elton and Michael, I think their party is hurting America economically, politically and socially. I think our image in the world as a beacon of hope, freedom, civil liberties, and concern for the least among us has been shattered.
I think back with sorrow to the weeks following 9/11. I remember candlelight vigils on the street corners, a sense of pulling together and overcoming petty differences. I remember a 90% approval rating for this president who could have asked of the world ANYTHING, and it was to go to war. He could have asked Americans for any sacrifice, he said go to Disneyland and the mall. America is a rudderless, leaderless ship that needs righting sooner than later.
Comment #4 Posted by: Tyler | March 16, 2006 12:09 AM
Gallegly is back in it - I'll wait for your post on the subject!
Comment #5 Posted by: Lisa Snider | March 16, 2006 07:22 AM
Tenenbaum is not a "trial lawyer", from his bio that was posted on dennert's blog, it looks as though he represents businesses and throws criminals behind bars via the DA's office. Tenenbaum is dissapointed with Gallegly's record, like most of us are. I am leaning towards the more educated guy and the guy who was brave enough to challenge Elton on his pork spending. I heard his press release and it sounded as though he was proving the incompetency of Mr. G.
Comment #6 Posted by: dan treble | March 16, 2006 08:10 PM
Hi Dan - thanks for posting. While Tenenbaum's bio does not specifically say he is a "trial lawyer," I would argue that the bio finesses this issue. If Tenenbaum's team wants to address this with The Ojai Post, they are more than welcome. The original post was much more focused on his actions defending the attack on trials lawyers by the US Chamber, and why the VCBA picks the US Chamber as the villian and not the GOP, which demonizes trial lawyers in the party platform.
Comment #7 Posted by: Tyler | March 17, 2006 09:49 AM