11th Circuit Opinion Places Georgia Dark Money Power Brokerage System Under SB221 at Risk - Kemp Suddenly Endorses Burt Jones

Trump Suddenly Endorses Mike Collins

As I reported yesterday, on Friday of last week the 11th Circuit affirmed an earlier injunction against gubernatorial candidate Burt Jones using funds from the Lieutenant Governor’s SB221 “leadership committee,” in his primary campaign against opponent Rick Jackson. Under SB221 statute provisions, as the Lieutenant Governor, Jones was allowed to raise unlimited funds (incidentally from dark corporate sources) to use in his campaign against all other primary opponents, and specifically Rick Jackson. Jackson and the other hopefuls, on the other hand, were subjected to strict limitations in the amounts they could raise from any particular contributors. Jackson sued and won his injunction. Jones appealed to the 11th Circuit and lost with one business day remaining before the runoff date with Jackson.

The court limited its opinion to Jackson’s request that Jones be enjoined from using the millions amassed in leadership committee to fund his campaign against Jackson. The court remarked that this statute is “unlike any other the courts have tested.” Thus, there are no precedents to regard on this kind of ground-breaking legislation. The court was not asked to rule on SB221’s overall constitutionality, and thus did not take that step. However, in affirming the injunction against Jones use of leadership funds the court did express, “the district courts have found that the leadership committee statute is likely unconstitutional—counting this case, five out of five times they have considered the question.”

Seeming Reversal by Kemp in a Last-Minute Jones Endorsement

On the heels of the 11th Circuit Court affirming the injunction against Burt Jones’ use of SB221 leadership funds against Rick Jackson, Governor Brian Kemp suddenly reversed what seemed at the time a tacit endorsement of Jackson, found in a video clip of Kemp that has been used in the Jackson campaign. In Kemp’s statements, he touted Jackson’s run for governor, offering, “Jackson’s been a good supporter of mine. He’s a donor, he’s got a great story…I’ve kind of felt, for really two years now, that that race is ripe for political outsiders, especially somebody that can self fund.”

Soon, Kemp clarified those remarks and expressed that he had not endorsed either candidate for governor. Suddenly, yesterday, Kemp endorsed Jones two days before primary runoff day. What is this all about?

Who is Better for Kemp?

I have a question for you: Which candidate, Burt Jones or Rick Jackson, would be better for a to-be former governor Brian Kemp? Let’s examine that.

Implying unquestionable causation is problematic. I will accept that, but is it a coincidence that on Friday the 11th Circuit made a blanket statement that “the leadership committee statute is likely unconstitutional,” and then on Sunday, seemingly reversing his course two days before the primary runoff between Burt Jones and Rick Jackson, Kemp endorsed the candidate who has embraced the SB221 leadership committee statute against the candidate who has fought it and won? Is it coincidence that after voting against SB221 in 2021, Burt Jones has himself reversed course and found himself motivated by the notion that as governor he, himself, could possess the same advantages as his predecessor Kemp, advantages which have been used to create the most powerful governorship in the entire fifty states? Is it coincidence that Kemp used the statute’s provisions to promote his power as Georgia’s governor for the past five years to the tune of hundreds of millions of dollars raised and spent toward that purpose? Is it coincidence that Burt Jones’ opponent Jackson despised the SB221 provisions being used against his campaign by Burt Jones, so much that he spent his own money, sued and won an injunction against Jones use of those funds during the primary? Is it lost on any of these politicians that on the heels of Friday’s 11th Circuit opinion, SB221 now sits on a precarious perch and could in the future be (1) declared completely unconstitutional if pressed properly in the federal courts, or (2) be repealed using the influence of a governor whose name is Rick Jackson? Is it coincidence that were SB221 found unconstitutional all of that money could conceivably be forced through receivership to be returned to its contributors? And finally, is it lost on any of these players that a Governor Rick Jackson would have within his constitutional powers the prerogative to require a new attorney general to research and issue an opinion on the constitutionality of SB221 after next January, especially given that earlier in the campaign, sitting Attorney General Chris Carr called SB221 provisions, “wrong,” “rigging the system,” and, “an unconstitutional attack on the 1st Amendment?”

You see, there is more than a governorship at risk here. The entire dark money power brokerage system under SB221, run at the highest levels of Georgia elected government, is at risk. The 11th Circuit told you how remarkable this statute is, that the courts have never seen anything like it in any state in the country, and that it is likely unconstitutional. Given those facts, including Friday’s 11th Circuit opinion, one might ask what took Kemp so long in endorsing Burt Jones!

Better Late Than Never - Trump Finally Endorses Mike Collins for Senate

This weekend, President Trump finally endorsed Representative Mike Collins for US Senate. The writing is on the wall that Collins will win the Republican nomination. Trump has access to better information than we do, and polling texts have been happening all across Georgia on this race. Trump knows the outcome and wants to be the perceived reason for the Collins victory. His endorsement before the final bell rings allows him to say that.

I have made the case that without dual Kemp/Trump support leading to the November election, the odds against Collins or anyone prevailing against Democrat incumbent Jon Ossoff are prohibitively low. And because of Kemp’s past behavior, three times failing to support Trump-endorsed candidates leading to three senate losses, I chose to vote for the candidate whom I fully expect could receive energetic and monetary support from both Kemp and Trump, he being Kemp’s endorsed senate candidate Derek Dooley.

Money and political influence have a way of changing behaviors. We just saw that in Kemp’s endorsement of Burt Jones. Given the recent 11th Circuit opinion, Burt Jones is clearly better for a former, out-of-power, Governor Kemp than is Rick Jackson. And clearly, after Kemp is gone from office Trump will remain president for another two years. After this coming January, Kemp’s leverage will be gone and Trump’s power will still be there. Does that change the equation too? Will Kemp calculate that he is better off in the future by injecting energy, money and Kemp never-Trumper votes, into the candidacy of Mike Collins? All I can say at this point is that Brian Kemp will do whatever is in his perceived interest to do. Once Collins is the Republican nominee, it is my hope that Brian Kemp will drive energy and support into the Collins campaign and we can all wait to discover whether it will make a November difference.

A Personal Note

Lastly, just because I tell you the truth about a candidate or politician, that does not mean I do not like them, or won’t vote for them. Every candidate for office has plusses and minuses. Nobody is perfect. Here Burt and I are. I have voted for Burt in the past.

Here Steve Gooch and I are. Steve was a co-sponsor of SB221. I hate that legislation. But Steve has done many good things, including being an excellent representative for his district. Voting is important, but is not everything. Voting is not an end-all. Voting is only one of the activities of these people.

Above all, I value honesty, and I try my best to be honest with you. I do not mind people telling me things I do not agree with. That just means we have an issue to discuss. And when we do, I only want an honest conversation. Maybe we end up in the middle. Either way, I believe honesty is paramount in politics, as well as life.