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He Who Has Not Hit 'Send' May Cast the First Stone

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By Al Kamen
Friday, March 6, 2009

It seems necessary once more to remind readers of the obvious: Please, please be careful, very careful, before hitting the "Send" button on your e-mail.

Seems Ivy Johnson, counsel for Sen. Arlen Specter (R-Pa.) on the Senate Judiciary antitrust subcommittee, was a bit concerned Wednesday about how things were going on a bill sponsored by Sen. Herb Kohl (D-Wis.) that would remove the railroad industry's exemption from antitrust laws. The exemption, from a time when railroads were actually regulated, is naturally much beloved by the Association of American Railroads.

Specter, who's been known to criticize pro baseball, insurance and other industries that have antitrust exemptions, is likely to face tough primary and general-election challenges in 2010. He has not formally announced a position.

But Johnson, apparently to rally opposition, checked to see if the D's were united in favor and sent an e-mail to AAR lobbyist Obie O'Bannon at 5:04 p.m. Wednesday asking if he had "been in to talk to (California Democratic Sen. Dianne) Feinstein's office."

"Yes," O'Bannon wrote back a few minutes later, "we have talked to her staff and I will get you an update."

Johnson e-mailed him two minutes later that "Kohl is talking roll call vote," which, unlike a voice vote, would publicly lock senators like Specter in on the bill.

Minutes later, O'Bannon e-mailed Tony Padilla, a lobbyist for the TCU/International Association of Machinists and Aerospace Workers. "We need some help!" he wrote. "Can you make some calls to dem offices and urge a no vote."

"YES," Padilla wrote back just before 10 p.m. "I will send an e-mail today to all the Democrats since I am out of town." Good to his word, an hour later he sent an e-mail with the subject: "Urgent Request to Vote Against." "This is just a note to ask you to please vote against" the bill, he said. "We believe allowing this bill to pass would be hurting the rail industry and its employees."

"Thank you in advance for your help to oppose," he added, then apparently sent it off to all senators -- without deleting the e-mail trail.

No, thanks, all 11 Democrats and three Republican said, voting 14 to 0 for Kohl's bill. Specter and a couple of other Republicans passed.

TOO MANY SUSANS?

But everyone makes mistakes. Just yesterday, Mika Brzezinski, co-host of MSNBC's "Morning Joe" show with Joe Scarborough, while on the air, sent "an embarrassing text about something that happened in the conversation" between Brzezinski and Scarborough's wife, Susan, on Wednesday, Joe Scarborough said. "But you accidentally e-mailed Susan Rice, the ambassador to the United Nations."

Brzezinski, visibly upset, said, "I got to go."


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