Georgetown News Democrat
October 11, 2009
OEC rules in favor of Schmidt
By BRYAN PECK
Associate editor
A decision has been made by the Ohio Elections Commission regarding
complaints filed against David Krikorian by Congresswoman Jean Schmidt
earlier this month. Krikorian, a Democrat candidate in next year’s
primary, is not happy with the results. Schmidt originally filed nine
complaints against Krikorian, stating that he had made false claims
during the 2008 election about her taking thousands of dollars in
Turkish Political Action Committee money in exchange for denying the
Armenian genocide in World War I.
During the course of the proceedings, Schmidt dropped four of the
complaints against Krikorian, leaving just five to be contested by the
Ohio Elections Commission. During the course of the investigation, the
commission heard from numerous witnesses, including a deposition from
Jean Schmidt and former FBI translator Sibel Edmonds, a well known
whistleblower. A video copy of Edmonds’ deposition can be seen at
The Ohio Election Commission found in favor of Schmidt on the two
claims that Krikorian had issued false statements in his 2008 campaign
most notably calling contributions from Turkish PAC groups to Schmidt
"blood money." Two other complaints did not get the required four
votes for the commission to make a finding on, and the commission was
split on the ruling for the last issue regarding Krikorian’s comment
that there was proof Schmidt had accepted money from Armenian
government groups available on the Ohio Elections Commission website.
Krikorian is unhappy with the decision, and said that he plans to file
an appeal.
"We are definitely appealing the decision," Krikorian said. "We
objected to it right from the start. The Ohio Elections Commission
does not have jurisdiction of a free speech debate."
Krikorian said that the Ohio Elections Commission should not have been
presiding over the case, since he was speaking his opinion that
Schmidt had accepted money in exchange for den n genocide. According
to Krikorian, the Ohio Elections Commission was looking for proof in
the wrong places.
"They were looking for a bounced check or something in Jean Schmidt’s
account, but it’s not going to be that obvious," Krikorian said. "I
was extremely disappointed in the decision of the Ohio Elections
Commission. Justice was not served. Any political body examining the
situation in an objective way would find that what I was saying was
true.
"In my opinion what I said was completely true, and we will be
appealing their decision. We may be looking into some kind of legal
action as well."
Krikorian said that he felt the Ohio Elections Commission was very
biased in their decision, as three of the five people on the
commission were Republicans. Krikorian said that one of the people on
the commission had actually served with Schmidt in the state house.
"The whole thing was a sham, it was a kangaroo court and it has no
place in this decision," Krikorian said. "I honestly can say I felt
the fix was in from the start."
Phil Richter, executive director with the Ohio Elections Commission,
said that out of the five commission members who had presided over the
case, three were Republican, one was a Democrat, and one was an
Independent. Richter said that if Krikorian chooses to file an appeal,
the case will go to the Franklin County Court of Appeals.
Donald Brey, Schmidt’s attorney on the case, said that he was happy
with the decison made by the Ohio Elections Commission, and said that
he hoped the issue ends here. Brey said that while they had the option
to bring Krikorian up on criminal charges, they decided that a public
reprimand would be enough.
"Voters have a right to the truth, and it’s one thing to speak your
opinion about an issue, but it’s not okay to speak lies about your
opponent just because it gets more votes," Brey said. "I don’t know if
they’re planning on appealing, but I think they’re going to have a
hard time in appeal because I don’t think they have much of a case."
Brey said that while th n the Ohio Elections Commission had been
Republicans, all five had voted in Schmidt’s favor, including the
Democrat and Independent commission members.
"We hope Mr. Krikorian has learned his lesson and if he wants to have
a fair, open discussion, he’s welcome to go for it," Brey said. "But
it is not okay to spread lies about your opponent."
The commission gave Krikorian a public reprimand, but is not able to
impose fines for public hearing cases.