So, here are a couple of the supporting documents for this Washington radio story. I guess this is the new open-source journalism. I like it, because I think readers should see this sort of primary material.
Anyway, here’s the judge’s ruling. The offensive stuff is mainly on the second page.
Now, I want it to be clear just how odious this entire prosecution was. Some people think that going after a radio station to disclose its hosts’ support for a ballot initiative is no big deal. After all, the reformers always say, it’s just disclosure. If you have nothing to hide, why hide it?
Of course, no one is hiding anything by not disclosing. They’re simply going about their business without reporting it to the government. And, in the case of supporting an anti-gas tax ballot initiative on one’s own radio show, a person might just be under the misimpression that he or she is engaged in protected political speech and has no obligation whatsoever to report, disclose or answer to anyone whatsoever.
In Washington state, however, in the jurisdiction of San Juan County Prosecutor Randall Gaylord and his friends, one would be wrong.
As noted in my article, Gaylord was alerted to No New Gas Tax’s brazen violations of campaign-finance law by a law firm on the board of a pro-gas tax group, Keep Washington Rolling. Now, that law firm, Foster Pepper & Shefelman, is said to have a financial interest in the gas tax hike being implemented. (They are, I’m told, looking to handle a bond issue for the state.) But despite these multiple conflicts of interests, Gaylord delegated his prosecutorial powers in this case to Foster Pepper & Shefelman.
That means that in the heat of a contentious campaign to get an anti-gas tax initiative on the ballot, the pro-gas tax side was granted — by the state — the power to prosecute and conduct discovery against its political opponent, No New Gas Tax.
Think about that for a minute: One political faction given — again, by the state — the power to issue subpoenas against another. It boggles the mind.
Then, look at this subpoena, delivered to Fox News affiliate KVI-AM:


Again, it boggles the mind.
An American radio station was ordered, by its political opponents, to turn over tapes of radio shows and logs of airtime spent on various subjects.
This is not an amusingly outrageous story. It is an atrocity against the First Amendment.
And two people should be losing their jobs: Randall Gaylord, for pursuing a blatantly political prosecution against a press entity, and Thurston County Superior Court Judge Chris Wickham, for being an illiterate.
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