Anti-Brownlee Robocall – Unethical? Illegal? Valid.
An attack call on John Brownlee was released yesterday to delegates across the commonwealth (except to me…bummer, no audio, but someone sent me the audio, which is at the end of this post), which has a small child crying that they put “grandpa” in jail; the call also failed to include a disclaimer.
Who is grandpa and who is they?
“Grandpa” is likely 78-year-old World War II veteran Ronald Blair Testerman. “They” is former U.S. attorney John Brownlee. The crime – selling four privately-owned weapons to undercover ATF agents at a Washington County trading post without a license.
Brownlee sought an aggressive 33-month penalty in jail for Testerman, which the judge downgraded to four months of home detention and a $1000 fine.
Therefore, the basis for the calls is whether John Brownlee, the candidate for Attorney General, who has sought to proclaim his NRA credentials during the campaign, truly is a 2nd Amendment candidate.
Brownlee, understandably, questions the calls legality and ethics.
“To involve a small child in such a dirty political trick is appalling. To make such scurrilous charges is unethical. To conduct these calls without including a disclaimer is unlawful.”
Not having heard the complete call, I don’t know how “scurrilous” it is. If it had a child doing the calling, that is pretty appalling. Not having the dislcaimer is certainly unlawful.
But basing the call on the candidate’s record and bringing that record to light? Pretty valid.
The debate over this case being brought into campaign context should be whether a U.S. attorney should use his judgment when pursuing sentencing or sentence to the maximum extent of the law…and whether that same judgment will extend to his service as attorney general.
The question is: will delegates remember the call’s message or its messenger?
More perspective:
Star City Harbinger 1 and 2
Roanoke Valley Republicans 1, 2, and 3.
Category: Campaigns and Elections












The robocall is totally appalling and appears to be exploiting a small child.
Sounds like the kid’s first drama role was a success. She’ll probably become a famous actress someday.
1st: ATF arrested the man; brownlee prosecuted the guy, the jury convicted & the judge sentenced. everyone did their job (that we pay them to do).
2d: brownlee’s father served 2 tours in vietnam. brownlee himself has worn our nation’s uniform. do you really think he could NOT support the 2d amendment?
brownlee for AG
What was not mentioned was that the grandpa was using a friend’s dealer license to but the guns online and selling them. He had 72 guns when arrested (which is not a crime). If we fail to enforce the laws we have on the books and something bad happens, like these guns being used in a school shooting, more attempts to take away our right will follow. Brownlee just did his job.
If “grandpa” was a 40 year old skinhead with no criminal record would anyone come to his defense?
Just to ensure everyone here is of the same page: I think the call was one of the silliest and most juvenile things I have observed in a campaign in recent memory.
Additionally, I think the debate that’s beginning here is healthy and good.
Finally, I am not saying that I agree with the claim being made by those who are making the call…merely that it is a valid point to bring up in the course of a campaign.
If records of the candidates are going to be challenged, certainly Brownlee is open to discussion regarding his role in this case. That’s all I’m saying.
Kelley in Virginia – If Brownlee was only “doing his job” then isn’t his ENTIRE RECORD as a prosecutor him merely “doing his job”? If he can run on his record as a prosecutor than he can be held accountable by it as well.
First, I don’t approve of this. I don’t like robocalls period.
Secondly, both Cuccinelli and Foster both have issued statements that this attack on Brownlee was not authorized by their campaigns.
For Cuccinelli to send this out DOESN’T make sense. Even if there is a valid point…..somewhere, Cuccinelli has a long track record of vigorously defending the 2nd amendment. If you are a gun rights one issue voter, you have already made up your mind to vote for Cuccinelli. This robo call helps in no way. In fact ,it potentially harms the Cuccinelli effort. Cuccinelli has the lead and most confirmed delegates. It is now all about moving the delegates to show up and vote. If a Cuccinelli fan did this as a rogue supporter, I say they are hurting Cuccinelli by taking attention away from his positives and directing it at this drama.
I don’t see Foster advocating this. It doesn’t seem like something Foster or Cuccinelli would support. How do you hold this against Brownlee anyway? I don’t know anything about this case, but if his job is to prosecute, he should be prosecuting! If laws need changing, that’s on us to elect decent representatives. None of these three fine gentlemen need to subjects of last minute robocall “Gotcha” politics.
I still support Ken Cuccinelli fully, and am confident of a win.
The Federal Telephone Consumer Protection Act of 1991 (TCPA) regulates automated calls.[2] While political calls are exempt from Federal regulations, all calls, irrespective of whether they are political in nature, must do two things to be considered legal. The federal law requires all telephone calls using pre-recorded messages to identify who is initiating the calls and include a telephone number or address whereby the initiator can be reached.
No disclaimer and no phone number displayed – illegal on two counts.
Kinda like that election eve Cantor ad a few years back?
I was appalled when receiving the call, I have no idea who Brian Gentry is but he should be ashamed. I was glad to see Cucinelli and Foster both quickly move to condemn the calls, I expected that done as soon as i received it…however…
Brownlee, while the victim here, erred in blaming Cucinelli and/or Foster’s campaigns for the ad. Brownlee’s email, while rightly condemning and asking for a full disclosure and investigation, jumped to the point of absurdity by claiming that since only delegates received the calls, it had to have been a rival campaign move. By attacking the other campaigns outlandishly and foolishly, Brownlee went from a victim to same-old politician, attacking and dividing in a campaign where negative politics simply do not belong and achieve nothing. It was a chance Brownlee had to earn my respect; instead, he’ll likely be earning a trip back to Southwestern Virginia.
Spiker’s comments are partially correct. Brownlee and Foster condemned the calls and called for an investigation. Cuccinelli only said he did not do it. He did not call for an investigation. Makes on wonder, does it not?
And Brownlee only stated the obvious. The call lists are given to statewide campaigns. He did leave out two other possibilities. The RPV, who maintains the list and theft, by hacker or otherwise.
I really want to know who got my number, how they got it and what other information came with it? Credit card? Social Security? Address?
Should I cancel the credit cards I have used to buy tickets and donate? We really need to know what information was compromised. This goes way beyond a silly prank.
John Brownlee and David Foster are correct. We need an investigation. I will say that Cuccinelli only seemed interested in a denial and I would like to have seen a stronger outrage at personal information falling into the hands of such a despicable person.
And they know where we live!
I got the call. It sounded like an old lady actress trying to sound like a child. Using an actual child for this purpose would have been pretty low. But I wouldn’t put it past some people, either. The world is full of odd balls.
I thought the robocall was good for a laugh. And that’s about it. We played at our house a couple times, but we had to repeat it, because we were laughing so very hard.
I want to know how this person, who allegedly was not associated with a campaign (Cooch and Foster both deny it), got my phone number. I am not in the phone book. I am unlisted. I am unpublished.
So is this what the Republican party does with its delegate lists in Virginia? Posts them over the urinal at the corner bar in Richmond or something, so that everyone can get them? That’s the part I find despicable and outrageous.
The rest of this, to me, is just a funny joke. It’s not like anyone can take this call seriously. It was way too kooky. Way… too… kooky.
Fortunately, I no longer donate to RPV. I doubt they have my credit card on file. I stopped writing checks when Jeffy became Chair. So at least, Tom, I haven’t got that concern.