Thu 10 Jul 2008
Even the cutting-edge Republicans demand suspicion (and scolding)
Posted by shelbinator under Geekery, Mobile, Netroots, Politics, Rant, Weirdos
I’ve been meaning to write over on Blog for Democracy about a certain Republican Congressman who is really showing us up on the new media front, using Twitter and Qik — personally, not just via a younger, hipper staffer — to communicate with his constituents (okay, let’s get real about TX-7; with the national cadre of poligeeks) in ridiculously real time.
And then Rep. John Culberson had to go and screw it up by being hysterically partisan, in 140 characters or less at a time.
Yesterday Rep. Culberson began some Chicken Little tweeting about the sky falling, claiming “I just learned the Dems are trying to censor Congressmen’s ability to use Twitter Qik YouTube Utterz etc - outrageous and I will fight them.” The problem is, he was basing this on a memo he saw from — and a conversation he may have had with — Rep. Mike Capuano (D-MA) about some proposed updates to the antiquated rules governing “official” House communications. These updates Capuano was proposing were intended to expand the ability of Representatives to use external social networking sites (specifically video hosts like YouTube) and not to restrict the use of Twitter et al any more than they were already being restricted by rules written by people whom my mom could out-internet blindfolded with a gimpy mouse.
As “evidence” of this Dem conspiracy to choke off free speech, all Rep. Culberson could produce was this memo (excerpted below) of 6/24/08 from Rep. Capuano to the Committee on House Administration. Capuano’s intent was basically to say, 1. The current House system for hosting and playing official videos on house.gov websites sucks, hardcore. 2. Current House rules of official communication prohibit Representatives from using sites like YouTube for better hosting of such videos. (Capuano apparently told Rep. Kevin McCarthy, R-IN, in conversation that scores of Representatives do it anyway with a wink and a nod, and it’s just time to update the rules to reflect that.) 3. The House really ought to let Representatives use external hosting sites for videos, because these communications are a good thing. And 4. In order to keep up with the “decorum” of the House, they ought to find a way to do so that doesn’t get too tangled up in commerce or political campaigning due to free market forces (i.e., if you watch a Representative’s “official” YouTube video, it might be unbecoming if the three “related” videos that pop up in the YouTube player after it’s over were a racist anti-Obama ad, a pitch for Viagra, or candid footage of Britney Spears’ crotch). Not unreasonable suggestions, I think.
Apparently the guv’mint was already talking to YouTube about finding a way to do this, and YouTube was willing to create a “clean space” for official civic communication, according to this WaPo article. But Rep. Culberson grabbed Rep. Capuano’s language about how the updated rules should handle the hosting of video content — including a “this is official House bizniss” type notice at the front and the non-commercial entanglement concerns — and ran with it, screaming bloody murder, as if House Democrats woke up one recent morning and decided to enact a “rules change” to crack down on his Twittering and any other innovative use of new media.
But again, the problem with Congressional use of new media is that the rules already don’t allow for the use of commercial third party sites that might commingle the official with the unseemly. Rep. Capuano’s attempt to expand the ability of our Representatives to use the YouTube might be, at worst, a rather narrow-minded and poorly-worded proposed change to the rules that would create no extra wiggle room for people like Rep. Culberson to do things like Twitter (which are already against the rules as they stand anyway). But hey, I guess it’s not as easy to say, in 140 characters or less, that “ZOMG! House Dems are going to update the rules to expand Congressional use of social media in a very limited and non-forward-looking fashion, but still an update that House Repubs never got around to considering in 2006!” than it is to claim the House Democrats are taking away your Twitter because they hate free speech. (Sure enough, the right-wing screed blog Hot Air ran with the headline for Rep. Culberson’s plight, “Why do Congressional Democrats fear free speech?”) But even that kind of “non-forward-looking” allegation wouldn’t have been fair to Rep. Capuano, given this particular chunk of his letter:
While the above recommendations will help CHA as it seeks to provide House Members with the ability to post official video materials on the Web in an efficient and economical way, further changes to CHA regulations and practice may be necessary to account for the continual emergence of new technologies. I encourage CHA to view these recommendations as the first step in a process towards modernizing the regulations that govern communications of Members.
This post at TechDirt nails the analysis on the head, as far as I’m concerned. The right-wing bloggers parroted Rep. Culberson’s rather hysterical partisan interpretation. Even the social media powerhouse blog, under the steady hand of Mark “Rizzn” Hopkins (whom I’m biased against anyway after he blew off our Street Team ‘08 Super Tuesday stunt), put the disclaimer “This isn’t a knee-jerk post” at the top of a knee-jerk post that used its headline to perpetuate Rep. Culberson’s partisan myth. And to think I was intrigued when my Twitterrific feed asked me, “Why are the only people spun up about House Net rules on the right? I’ve seen nothing from lefty friends? Where’s the transparency crowd?” But I quickly realized that the answer was, “We aren’t sucking down your spin because the story has no merit.”
It’s even funnier when you put Democratic and Republican memos right next to each other for comparison, as TechnoSailor does. First he presents Capuano’s “letter sent to the Democratic House majority leadership to silence [social media like Twitter and Qik.” He, too, parrots the Culberson mythology at first, calling Capuano’s memo “ridiculous.” He later posts “the GOP response to the [Capuano] letter,” from Reps. Ehler, McCarthy, and Price, which in itself contains language that totally highlights Rep. Culberson’s Twitterspasm for the partisan smokescreen it is.
Committee rules that apply to these [web-based] services and technologies, however, significantly pre-date their invention. In some cases, Members have begun using these services and technologies despite being in violation of existing rules.
Despite being in violation of existing rules. So sayeth the Republicans themselves. And yet Rep. Culberson has stirred up this tempest in a teapot (via Twitter! against the existing rules!) suggesting that somehow the Democrats are suddenly out to censor him with new rules.
The Republican letter goes on to suggest updated language that highlights another inconsistency on Rep. Culberson’s part.
Toward that end, we request that the Committee consider adopting the following updated policy language.
With regard to the Internet
Members may use technologies, websites and services (paid or unpaid) to communicate with their constituents via text, video, or audio so long as the content posted by the Member complies with House rules and Franking content regulations.
(Emphasis mine.)
And yet, one of the particular things that had Rep. Culberson all up in arms was his interpretation of Rep. Capuano’s language here, which is hardly different:
Official content posted on an external domain must be clearly identified as produced by a House office for official purposes, and meet existing content rules and regulations;
As for what “clearly identified” entails, there is nothing in the letter to suggest that Rep. Capuano and the CHA wouldn’t be satisfied with some language on the main Twitter profile page of any Representative using Twitter. It’s a stretch to suggest, as Rep. Culberson does, that they would be forced to include a “disclaimer” in each single tweet that would exceed the 140 character limit by default, because in the memo Rep. Capuano is talking about video content only. But Rep. Culberson also zeroed in on the “existing content rules and regulations” phrase in a response he tweeted to all of us who questioned his allegations:
@shelbinator Look at page two - note each Twitter etc must meet “existing content rules and regulations” that means prior approval/rewrite 05:41 PM July 08, 2008 from web in reply to shelbinator
Huh. If it’s the House Democrats who are “trying to censor Congressmen’s ability to use Twitter” because of the “existing content rules and regulations” suggested in Rep. Capuano’s letter, then what the heck are the House Republicans doing so much better by recommending that “the content posted by the Member complies with House rules and Franking content regulations?”
Oh. Right. Absolutely nothing. Rep. Culberson is just acting like another extreme partisan trying to fan the flames of a fake fire so he can pretend to be the guy fighting the good fight. On his House.gov website — which apparently is unencumbered by any Franking Commission rules that might prohibit lies and bullshit malarkey* — he alleges,
Democrats are looking at restricting Member content on websites outside the house.gov domain. Websites such as Youtube and other social networks would have to comply with government regulations before Members of Congress could post content on them.
He claims this despite the fact that (1) Democrats are looking at removing restrictions, as I detailed with self-admitted neophyte Capuano’s own language above (indicating that more evolution of standards will be necessary), and (2) the Republican letter to the CHA recommends the exact same compliance with regulations that Capuano’s does.
Yeah. I think bullshit is being too forgiving, even of a Congressman from Texas.
And that’s so, so very disappointing from somebody who really displayed a lot of initiative and openness by embracing these emerging technologies to open Congress up to the world. Too bad he thought it was just another medium he could use to pull the standard Republican playbook move: make up a lie, then repeat it as loudly and as frequently as possible until people dumb enough to fall for it start repeating it for you.
* Hat tip to my boy Joey B.
UPDATES:
1. Rep. Capuano brought the smackdown too.
2. ZOMG someone in Speaker Pelosi’s office apparently read this blog and got her to link to it (fourth paragraph) in a response to Leader Boehner! Leader Boehner!
3. I think we’re all going to put down our partisan guns and get behind the Sunlight Foundation’s Let Our Congress Tweet push. I’ll defend Democrats against exaggerated partisan claims, but I’m not going to let them have the dumb if they can’t brain the internet.
15 Responses to “ Even the cutting-edge Republicans demand suspicion (and scolding) ”
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Pingback from Congress Trying to ban Twitter and Other Social Media Use by Representatives
July 10th, 2008 at 6:50 am[…] The Shelbinator is the voice of a growing number of people who are seeing through what is becoming a charade noting that the rules already exist. Not that they are good rules but rules are made to obey. As a sidenote, the more I follow the story, the more I’m inclined to agree. The military, for instance, doesn’t get the benefit of choosing which parts of the Uniform Code of Military Justice it adheres to. Employees of companies don’t get the “benefit” of sexually harassing another employee, despite having free speech. My opinion is that the rule needs to be changed and that is the current focus of my fight and the one that, I believe, Rep. Culberson should be focusing on. […]
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Pingback from links for 2008-07-10 by Kevin Bondelli’s Youth Vote Blog
July 10th, 2008 at 7:34 pm[…] Even the cutting-edge Republicans demand suspicion (and scolding) » shelbinator.com […]
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Pingback from Kung Fu Quip » Culberson, Capuano, and the Struggle for Relevance
July 11th, 2008 at 9:35 am[…] Shelbinator has a ridiculous little post up defending Rep. Capuano’s braindead attempt to regu…. Patrick Ruffini at The Next Right has a good post up calling out the frightening number of Dems trying to make this about partisanship. […]
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Pingback from Pelosi’s Letter to Boehner « Nancy Pelosi’s Table
July 13th, 2008 at 3:30 pm[…] inaccurate rumors have been circulated asserting that the suggested standards allowing for web video outside of the House.gov domain would […]
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Pingback from Congressional Rules for Social Media « extended reach
July 13th, 2008 at 10:55 pm[…] into the debate, it’s obvious that there is some political grandstanding involved which Shelby Highsmith does a great job of covering. The speaker of the House of Representatives, Nancy Pelosi also chimes […]





July 10th, 2008 at 10:03 am
‘Nice write-up Shelby. Thanks for explaining the details on how the Dems are trying to make improvements while Culbertson is trying to make this partisan.
July 10th, 2008 at 5:24 pm
Great to hear that he’s going to be able to continue to use Qik. Oh, wait, he isn’t because member videos will be confined to the clean-room version of YouTube.
July 10th, 2008 at 5:29 pm
At no point do you address the most troubling of Rep. Capuano’s suggested rule changes. The fourth bullet in his letter states:
By your omission should we assume you endorse the power of federal bureaucrats to choose which sites Members of Congress may or may not use to communicate with their constituents? In a highly competitive technology market how much might the endorsement of the US Congress be worth?
And regarding “clean space” for government communication: Would you consider this a clean space? How about this? Both op-eds penned by Rep. Capuano using official time and funds then sent to national publications are surrounded by commercial and political advertisement. Should they be cleaned up as well?
Capuano’s depth of knowledge on this issue is clearly demonstrated in the same WaPo article you reference above when he says:
I’m not sure about you, but that’s not the kind of expertise I want regulating the use of technology in the US Congress.
I’ve got to say I really respect how much Dems have stuck up for one of their own here while knowing full well they’re on the wrong side of an issue that they so passionately champion.
July 10th, 2008 at 5:43 pm
Tim, the proposed rule change to allow YouTube was probably made before Capuano or anyone else — self-admitted dinosaurs that they are — had even heard of Qik. The point of this post is just that Rep. Culberson tried to use that language to suggest the Democrats were somehow cracking down on Twitter.
I’m sure once Culberson opens their eyes to the glory that is Qik, they will work on the rules appropriately. At least, I trust Capuano and Brady to do so more than I trust Culberson anymore, after that little spin cycle.
July 10th, 2008 at 6:10 pm
I have had several good suggestions which I am going to follow - first avoid all references to political party - this is a First Amendment issue and party labels are distracting and cause people like like you to launch on me and doubt what I am saying.
Second, I am shifting my focus as Technosailor suggests: I will ask that the current and proposed rules be changed to create an exception which would allow us to post on Twitter, Qik or any other social media www site. Obviously we would be required to follow current law and common sense - we could not post on a campaign site or use the www to enrich ourselves.
The House leadership wants the new rule to limit our posts to “approved” websites that are “sanitized” without any political or commercial ads or any political or election commentary or opinion. I was mistaken in thinking their first rule change would restrict our use of Twitter, etc - that’s next. This first rule change will prohibit my posts on Qik because it is video and Qik includes political opinion/speech.
I was absolutely correct that they are planning to target text sites like Twitter and other social media sites next. Here is a quote from Chairman Capuano in Congress Daily today:
“Capuano said his plan would do the opposite of what Boehner has suggested — it would loosen existing rules to allow members to post videos online, not curtail the flow of information.
He said that he is not seeking to regulate anything other than video — not blogs, chat rooms or any other written communication – “but [at] some point we may have to.”
Yesteday on the House floor, I spoke to Cong. Capuano,who is a good person and a friend. He confirmed that my analysis of where this rule change is going is correct. Today they are focused on YouTube and video posts - Twitter and blogs and social media are next.
Under this new proposed rule (which he said is fluid) Congressmen could only post video that complied with House rules (subject to review and editing by House Franking Committee)on websites that complied with House rules if the video contained a disclaimer that it was an official communication from a federal official for official purposes. He said that YouTube has already agreed to prepare a “sanitized” (my word) special website just for members of Congress to post videos. The special page can have no ads and no political content and must be reviewed and approved by the Franking Committee.
He confirmed that websites like yours, Shelby, are next.
Since I am typing this in my official capacity for official purposes on a non approved website I am already in violation of existing House rules which would require me to submit each word of this post to the House Franking Committee for editing and approval.
When Chairman Capuano says the change they are proposing will make it easier for us to post - that is true - if we don’t mind having all our posts edited and approved by the Franking Comm, and if we don’t mind being limited to posting only on preapproved sanitized websites and if we don’t mind the mile long federal disclaimer.
If they adopt this rule, the only way I could ever post again on your web page is if I complied with their rule and edits and if YOU agreed not to comment ever again on politics or campaigns or make any recommendations of any kind on politics. Or you would have to create a separate sanitized page for us.
Plus you would have to submit to regular reviews and edits by House Franking Committee or lose your preapproved status for Congressional posts.
Twitter and every other social media source would have to submit to the same requirements or they will be off limits to Members of Congress.
Mike Capuano is a decent guy, and we need to encourage him to do the right thing here with lots of positive reinforcement.
I recommended to him that the committee simply leave the internet and social media alone - because he might as well try to regulate the wind.
I will be sending a request to the Commitee, as Technosailor suggests, that they simply leave the Internet alone and trust our good judgment, and punish us if we abuse the common sense limits.
After all, how can I do a TV interview on a station that follows my interview w a political/campaign ad? How can I write an op-ed or do an interview w a reporter when what I say will appear in the same newspaper with a campaign ad?
Members of Congress should have the same freedom to communicate with the new media that we have always had the old media.
Otherwise this Congress will be remembered (in part) for its futile effort to regulate the wind in much the same way the Viking King Canute is still remembered for thinking he was so powerful he could order the ocean tide to stop.
So thanks to all of you out there on Twitter etc for the good advice and feedback. I will refrain from mentioning party and avoid preconceived notions about liberal Democrats, Shelby, and I hope you will keep an open mind about me as a Republican as well.
You may not believe it but I am a Texan and an American and a Jeffersonian and a father first before anything else. My passion for sunshine in government comes from my Jeffersonian core convictions, and I appreciate the advice and guidance to help me find the best way to open up Congress to real time representation.
Thanks
John Culberson
July 11th, 2008 at 12:44 am
If these rules are so critical to protect us from unrefined content that might accompany “official” communications, why hasn’t the Franking Commission required newspapers to print any columns submitted by Members on facing pages with no advertising, comic strips, or campaign news?
If this is such a reasonable request, why hasn’t the Franking Commission required TV news programs to not bookend Member appearances with commercials? Why don’t they have rules for what other stories can appear in the crawl on the chyron?
The fact is Capuano is ignorant of the equivalence between offline and online communications. He clearly doesn’t use, know, or understand the area over which he is attempting to exert jurisdiction.
Honestly, the idea of franking dates back to the 1600s. The entire concept of the Commission is a joke in the Internet age.
With newspapers losing subscribers, TV losing viewers, and every other aspect of society being radically changed, Capuano’s action is nothing but a desperate attempt to remain relevant in a position that is growing obsolete by the second.
July 11th, 2008 at 9:47 am
Didn’t mean to spam your comments. They weren’t getting posted yesterday for some reason. Feel free to delete all but one.
July 11th, 2008 at 10:52 am
Nick, I don’t think Rep. Capuano knows enough about the internet yet to write perfect rules for its use by a longshot. And Michael, you’re right, I don’t particularly care what shows up in the sidebar next to official House web content; I just didn’t think that “decorum” crap was an unreasonable thing for some Luddite on the Franking Commission to be trying to propagate into the 21st century. I think it’s a bad idea, but I don’t think it’s out of the blue. This post is less about defending him than trying to call out what I still believe were totally exaggerated partisan charges on par with “Obama doesn’t put his hand on his heart for the pledge!” What is unreasonable is to take a situation where the majority is trying to update the rules and doing so in a bumbling-fumbling and short-sighted manner and spend all day tweeting to suggest that “House Dems are trying to censor Twitter!”
Rep. Culberson, I admire and applaud your use of Twitter and Qik, even though it’s a needle in my side that no Democrats I admire are so hip as you. And I will sign, tweet, lobby, and propagate whatever it takes right by your side to make sure you can keep tweeting, Qikking, having Ustream townhalls and Lord only knows what else we’ll be doing next year. But I’ve been in Campaign Mode for over a year now and these days I think we’re all too jumpy with our guns drawn and our fingers on the trigger; this is not a good environment to start hollering about a false start by the opposition like it’s a surprise attack on your (already wrongly prohibited) e-speech, or a good cause gets caught and killed in the cross-fire.
Now, let’s all put down our guns and go tell Mike Capuano how freaking awesome it would be if all of our Representatives were Twittering and Qikking (and let’s not forget Flixwagon). I mean, awesome except for the fact that none of us will ever get any work done again.
July 11th, 2008 at 10:57 am
And you know what’s ridiculous, Mike? Requiring people to create an account to leave a comment defending my ridiculous little post on your ridiculous little blog. I let you come in here and sully up my place with nothing more than being moderated. Some openness! :-P
I’ve already made my point to you here, I’ll let your slap at me remain unchallenged on your thing.
July 11th, 2008 at 12:15 pm
How on earth is establishing a set of policies and procedures for online media use, as Rep. Capuano suggests (within the context of increasing the overall use and access to improved technology), a First Amendment issue? This is no different from what every corporation and small business in the US puts in place for its employees. As employees of the Federal Government (and might I add, the American taxpayer), it only makes sense to establish a set of guidelines for House members should open access to online content continue.
Businesses routinely include disclaimers when sending information to clients, prospects, or internally. Republicans usually idealize Corporate America; is the preference for the House to inefficiently stagnate its technology policies in the interest of avoiding disclaimers? (We can, of course, all agree on one thing regardless of party/gender/religions affiliation/etc.: disclaimers are annoying as hell. But given our litigation prone culture, necessary in some cases, as I’m sure everyone is aware.)
In addition, this is all speculation stemming from a memo that sought to increase the use of technology. Rep. Culberson deserves full props for actually being forward in his use of new media, in my opinion, and in actually speaking out for causes he believes in; it’s just that I personally disagree with the interpretation of Rep. Capuano’s intentions (and the subsequent irrational online conservatives’ freakout) implying that defining and allowing access to web media somehow is a personal liberties issue.
“Obviously we would be required to follow current law and common sense - we could not post on a campaign site or use the www to enrich ourselves.”
Uhm. Is Mr. Culberson seriously trying to suggest that he isn’t posting content on Twitter to “enrich himself” or his political position/image, that it’s all for the good of the citizens of the 7th Congressional district of Texas? Because I call “malarkey” on that. Not that he’s alone in doing that, of course, nor do I really have a problem with it. However it’s absolutely an insult to the intelligence of the American citizen to attempt to extract the accusations made against Mr. Capuano/Democratic Party/Evil-Libruls from a memo that was attempting to *embrace and improve* technology, not restrict it. In fact Mr. Cupuano explicitly states his preference for wanting increased access and use of online multimedia.
On 7/9/08, Mr. Culberson posted an entry on http://www.crn.com/channelcommunity/thread.jspa?messageID=22734:
“…Heres how the House leadership will use this rule to control where and what I say and even exercise influence over your website/blog etc If the Ds rule change were in effect today, before I could post this, your website/blog would have to be preapproved as complying with House rules, my post would require a disclaimer that it was "produced by a House office for official purposes," and the CONTENT of my post would have to be preapproved by the House Franking Committee as complying with "existing content rules and regulations." This is a violation of your First Amendment rights and mine, and is an outrageous attempt by House leadership to stifle and control you and me.”
What the H? This is all extracted from the memo? Or more “personal [undocumented] conversations”? The term “D’s rule change” is also charming, but I’m sure that doesn’t really mean ‘Get the Demz@?!?!!!’. Of course not. What *is* nice is how these inflammatory suggestions are made to the participants of the blog/forum, just as was implied on Shelbinator.com, that “they would be next”. Do I hear Darth Vader theme music? Are the evil
Democrats seeking to control the internet?!?! WE COULD BE NEXT. Your blog would have to be approved!!! They R trying to control us!!!
Seriously, give me a break.
Mr. Culberson claims this isn’t a partisan issue, yet he voted the Republican Party line 92.4% of the time during the current Congress. http://projects.washingtonpost.com/congress/members/c001048/
Which indicates that despite self-proclaimed good intentions (and we all know where that road leads!), Representative Culberson’s stance on issues is,
well, partisan. Not that there’s anything wrong with that. (Seriously.)
The CRN.com post Culberson made ends with:
“…. I am going to continue to vigorously exercise my First Amendment rights on every social media outlet I can reach. It is my right as an American and my duty as a representative”.
So maybe, as he states, this is a First Amendment issue, a cause that is clearly very dear to Mr. Culberson’s heart given the following:
On 8/4/07, Rep. Culberson voted ‘Yes’ on an amendment to the Foreign Intelligence Surveillance Act of 1978 which gave US Agencies “expanded
power to eavesdrop on foreign subjects without a court order… The new Protect America Act amends this stipulation, allowing U.S. intelligence officials to monitor suspicious communication originating inside the U.S. The Bush administration argued that it needs the expanded power to confront
terrorist threats”. http://projects.washingtonpost.com/congress/110/house/1/votes/836/
But I’m sure that wasn’t a First Amendment issue they were voting on, more uh “National Security”, right?
(I’ll bypass the 1/17/07 vote of “No” on lowering the interest rates on student loans in the interest of time, but shame on Mr. Culberson! Perhaps the use of Twitter to keep up with Gen Y will help distract us from the fact that he voted against decreasing the financial burdens we have incurred to better ourselves through higher education. )
On 9/28/06, Rep Culberson voted “Yes” on the Electronic Surveillance Modernization Act, which “would endorse President Bush’s ongoing warrantless
electronic surveillance of suspected terrorist communications and allow, but not require, the administration to submit the program to a secret national
security court for review”.
In fact, Mr. Culberson’s own website lists this little bar graph. Great stats!:
http://culberson.house.gov/VotingRecord.aspx
Votes to support principles of:
American Civil Liberties Union: 0%.
Am. Federation of State, County, and Municipal Employees: 0%
So you’ll forgive me if I’m a bit skeptical, given Mr. Culberson’s voting record, that this really is taking on the big, bad, liberals trying to restrict personal freedoms, instead of a move straight out of the Karl Rove playbook.
On an unrelated note, I thought the Numismatics Award received (as shown on Rep. Culberson’s website) was pretty cool. My grandfather was an avid collector also and I inherited his collection from all over the world when he passed. So Rep. Culberson does have his good points! :>