Campaigns & Elections' Politics - February 2008 - (Page 32) friendly as he got to the point. “What is your business here, Mr. Marks?” I replied that I was a member of the public exercising my right as a citizen to view a public record in accordance with state and federal open records laws. “If the document is sealed,” I said, “then just show me the seal, Judge, and I’ll be out of your hair. However, if it’s not sealed, I would like to see the file.” The conversation went downhill fast, as the judge’s smile turned to a scowl. The rest of the conversation went something like this: “But why do you want to see the file, Mr. Marks?” “Why I want to see the file is irrelevant, Judge. I’m a member of the public exercising my right as a citizen to view a public record in accordance with state and federal open records laws.” “And who are you working for, Mr. Marks?” “Who I’m working for is irrelevant, Judge. I’m a member of the public exercising my right as a citizen to view a public record in accordance with state and federal open records laws.” Finally, the judge made a motion with his hand to an officer standing nearby, and all of a sudden I was being physically removed from my chair and booted from the office. I lost my temper as I was being dragged out the door. My parting words were, “But, Judge, it’s a fucking public record!” He simply laughed and replied, “Not for you, pal.” The next thing I knew I was out on the street. Half in a state of shock and half laughing, I called my handler for the Schundler campaign and told him what had happened. The whole matter became moot soon enough, as DiFrancesco dropped out of the race just two months before the Republican gubernatorial primary. The incident was the first time my work was largely responsible for a governor (well, “acting” governor, to be precise) dropping out of a re-election race even before the voters had a chance to decide his fate. And, by the way, Schundler went on to win the Republican nomination but lost the general election to Democrat Jim McGreevey. And we all know how that story turned out. or oppo men like me, a great opportunity to expand our business came with the creation of independent expenditures and 527s. I was suddenly able to put my research into my own TV ads, produced in my own inimitable words. Which is why the creation of an “IE” (independent expenditure) ad during the 2000 presidential race was probably one of my finest moments. It was a powerful anti-Gore television ad that received massive airplay and publicity in the closing week of the 2000 election. By law, IE ads—like the 527s that followed in 2004—were not allowed to endorse 32 Politics Marks’ favorite negative TV ad suggested that, as president, Al Gore would have an “unholy alliance” with Al Sharpton, whom Marks called “one of America’s most dangerous preachers of hate.” The conversation went downhill fast, as the judge’s smile turned into a scowl. “Who are you working for, Mr. Marks?” he said. any particular candidate. However, they were allowed ver, e to say anything negative about an opposing candidate. ca andidate. Perfect job for me. My ad used footage of Al Gore sucking up to a u black crowd in a debate against Bill Bradley by deinst b fending the Rev. Al Sharpton. The ad then showed n. sho owed footage of Sharpton urging college students to kill o cops (or “off the pigs,” as he put it) and refers ref ferring to America’s founding fathers as “the scum ng scu um of Europe.” As a result of this ad, the New York Daily d, y F February 2008 TV AD COURTESY OF STEPHEN MARKS
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