OR-Sen: Smith Freaks Out

Gordon Smith had a problem last week. Jeff Merkley's campaign released an internal poll showing him with a small lead, and there was a stirring controversy over his frozen foods plant hiring illegal workers. So, he decided to charge that his opponent is soft on rape.

In Smith's despicable ad, he enlists Tiffany Edens, a well-known rape victim in Oregon, "to appear in an emotional TV ad" that falsely accuses Merkley of "failing to crack down on serious sex offenders."

Here is the ad Gordon Smith approves:

Tiffany Edens is seen speaking on camera: "I was just 13 when he broke into our house, attacked and raped me. Later he confessed to raping eight others. But Oregon's time limits for prosecuting the rapes ran out. Jeff Merkley voted against changing that law. That's why I'm speaking out. Jeff Merkley, you should have voted to protect women, not rapists."

You won't be surprised to learn that the charge is false. But often, this kind of campaigning works.

The facts: Edens and Smith campaign officials acknowledge that Merkley's vote on the bill in 2005 had no impact on the Gillmore case, which was prosecuted many years before. The ad could leave voters believing it could affect the Gillmore case. Edens said she hoped toughening the law would help protect potential future victims.

Merkley spokesman Matt Canter says Merkley supported lengthening the statute of limitations for rape and several other serious crimes, and he pointed to his vote in favor of another bill -- House Bill 2015 -- that would have done exactly that. Canter said Merkley voted against the measure cited in the Smith ad -- HB 2316 -- as a protest against the "backroom deals" made by legislative leaders at the end of the session to determine which bills would go forward. At the time, Merkley headed the Democratic caucus, which was in the minority, and he was excluded from the negotiations. Canter says Merkley voted against the bill knowing it had enough votes to pass.

Merkley's returned fire with an ad calling out the lies, but of course, he's not a trusted source.

There's not much difference between political election season and Somalia. No rules, no laws, no arbiters.