Draw Your Own Conclusions

Exhibit 1

Jerry McNerney does not have the backing of the DCCC or DNC because he lost the race in 2004. Additionally, polls taken in late spring of this year show Jerry will lose once again against Pombo by the same proportions as last year. Jerry’s campaign momentum has essentially stalled and in fact many of his supporters have come over to our side. We want to avoid a primary race as much as possible. Jerry is a fine man and good Democrat but so am I. We need a fresh face with the credentials that can really attract voters from a wide spectrum. That’s why the DCCC is backing me. The people in the district are backing me as well in ever growing numbers. This is where the real steam for a campaign locomotive comes from and we see that grow every day now. This bodes well for the district, for the race ahead, and gives us all for the first time a solid chance to send Mr. Pombo back to his ranch.

-Excerpt from Steve Filson's e-mail to the "Vote Pombo Out" Yahoo Group

Exhibit 2

Dear Jim, Thank you for your comments regarding the 11th Congressional district in California. We fully support your desire to see Jerry McNerney win both the nomination and the seat, and hope you understand that our decision to highlight Steve Filson's candidacy on our Campaign for Change website was not meant in any way to be an exclusive endorsement. Our goal with the Candidates for Change section was to show to our supporters that we are working incredibly hard to recruit candidates to run this year, and to provide a sampling of the quality candidates who have already filed to run. This list was by no means meant to be either comprehensive or exclusive; the Democratic voters in the district will have the ultimate say in who the nominee will be to face the odorous Richard Pombo, and we will fully endorse whichever candidate wins the primary. In addition, we have not given any money to the Filson campaign, as that would obviously consitute [sic] an implicit endorsement. In the end though, I'm sure we all agree that the number one priority is unseating Pombo from his seat before he can destroy more pristine areas of natural beauty in our country and auction off our national parks to the highest corporate bidder. A spirited primary will certainly help us find the best candidate to do just that. Sincerely, DCCC Action Team

-E-mail from the DCCC to McNerney supporters

Exhibit A

In the November 2004 election Pombo defeated Pleasanton resident Jerry McNerney, who received the Democratic nomination as a write-in candidate, by 22 percent. Some McNerney supporters say he should have the nomination again, and not Filson. But Filson is not worried about this. "I'm the champion for the Democratic Party and my support is building rapidly," he said. "Once they are confident with me, they will come over. It's really about Richard Pombo. I don't foresee a primary."

-Danville Weekly article, published 10/14/05

Exhibit B

“We’re definitely not going to have a messy primary, no doubt about it … (but) I think a healthy competition might be beneficial,” said McNerney, who plans to announce his candidacy soon.

-Tracy Press article, published 09/28/05

Exhibit C

"McNerney declares intent to unseat Pombo"
"Second candidate to challenge Pombo"
"McNerney enters race against Pombo"
"McNerney to challenge Pombo in bid for congressional seat"

-Newspaper headlines from 10/13-10/14/2005