ST. PAUL, Minn. — A former Minnesota Senate aide who was fired after having an affair with the chamber's top Republican leader filed a lawsuit Monday saying he was treated unfairly and discriminated against because female employees involved in similar relationships didn't lose their jobs.
Michael Brodkorb, 38, was fired in December from his $90,000-a-year job as the majority GOP caucus' communications director after having an affair with then-Senate Majority Leader Amy Koch. She later resigned from her leadership post and declared she wouldn't seek another term.
Brodkorb filed his lawsuit against the state of Minnesota, the Minnesota Senate and a top Senate administrative official, claiming an invasion of privacy, defamation and gender discrimination, among other things. The lawsuit seeks more than $50,000 – a standard figure in state civil lawsuits – but his attorneys have said they hope to get at least $500,000.
Brodkorb had been threatening a lawsuit for months, and as of mid-May, the Senate had already spent nearly $85,000 as it prepared to defend itself. Senate Majority Leader David Senjem said Monday that he was prepared to go to court rather than settle, so it is sure to spend more.
Minnesota law presumes the state will cover expenses, attorney fees, fines and settlements for public employees facing litigation connected to their jobs as long as they weren't willfully neglectful or guilty of malfeasance. While Brodkorb won't be entitled to state-paid attorneys, anyone who is deposed or named in the case probably will be.
Senate Secretary Cal Ludeman fired Brodkorb during a tense meeting in a restaurant away from the Capitol, not long after other senators confronted Koch about the affair. Until last fall, Brodkorb also was the deputy chairman of the Minnesota Republican Party.
Koch was the state's first female Senate majority leader and a rising GOP star after the 2010 elections gave the party control of the Senate for the first time in four decades.
Brodkorb's court filing said Koch would testify that the firing was directly related to their affair.
Koch declined to comment when reached Monday by The Associated Press. But her attorney Ron Rosenbaum offered a limited reaction attesting to the claim.
"She absolutely believes that and will have significantly more to say on that topic as this legal case proceeds," he said.
The fallout from the affair has proven an election-year distraction for a state Republican Party in disarray. It holds none of the state's statewide offices for the first time in decades and is deep in debt. Earlier this month, campaign regulators slapped the party with $30,000 in fines for concealing fundraising associated with a 2010 gubernatorial recount; its former chairman was also fined.
The lawsuit was filed after Brodkorb and his attorneys said they obtained a right-to-sue letter from the U.S. Equal Employment Opportunity Commission. Brodkorb's team declined to make the document available.
The lawsuit said the episode caused him "emotional distress" and "similarly situated female legislative employees, from both parties, were not terminated from their employment positions despite intimate relationships with male legislators." Brodkorb's lawsuit said he should have been afforded the chance to transfer jobs.
Ludeman is named directly in the lawsuit, which says he defamed Brodkorb by publicly discussing the case and suggesting Brodkorb was trying to blackmail the state into a settlement.
A staff member said Ludeman was not immediately available for comment.
Senjem, R-Rochester, said the private lawyer hired to defend the Senate would do all it could to protect taxpayer interests.
"I believe the Senate has done nothing wrong," Senjem said in a written statement. "In fact, the Senate has acted carefully and appropriately in regards to this employment issue. I am not interested in a mediated settlement, and I believe the Senate will prevail in court."
Marshall Tanick, a Minneapolis attorney with expertise in defamation and privacy law, rated Brodkorb's chances of prevailing with those two claims better than with his gender discrimination complaint.
Tanick said the state would probably defend the defamation claim by arguing that Ludeman was speaking rhetorically, not literally, when he accused Brodkorb of attempted blackmail. Even so, he said: "That's pretty strong language and I think when someone uses that kind of language they're going to be held accountable."
Associated Press writer Martiga Lohn contributed to this report.
Lee Atwater: Smear Pioneer
Negative campaigning has become more effective since 1828, though at times no less brutal. Many attribute this growing efficiency to the legacy of Republican strategist Lee Atwater. The former RNC chairman may have been best known as a driving force behind political ads such as the iconic <a href="http://www.youtube.com/watch?v=Io9KMSSEZ0Y" target="_hplink">Willie Horton commercial</a> against Michael Dukakis in 1988, but his past involvement in smear campaigns is much deeper. Slate <a href="http://www.slate.com/articles/arts/movies/2008/09/mr_wedge_issue.html" target="_hplink">reports</a> on Atwater's earlier career: <blockquote>In 1973, the 22-year-old protégé of South Carolina Sen. Strom Thurmond began his consulting career by publicizing the fact that Tom Turnipseed, a candidate for the state Senate, had undergone shock therapy as a young man: "They hooked him up to jumper cables" became the catchphrase that sunk Turnipseed's candidacy. Five years later, Atwater helped to defeat Max Heller, a Holocaust survivor running for U.S. Congress, by secretly enlisting a third candidate to enter the race and stir up anti-Semitic sentiment. Atwater finagled his way into a minor post in the Reagan administration, but it was as the director of George H.W. Bush's 1988 presidential campaign (and mastermind of the Willie Horton TV ads) that he found his true Machiavellian voice.</blockquote>
The Wrong Jim Brady
The potential perils of attack politics were on full display in 1996 when then-GOP Senate candidate Al Salvi attempted to knock down a high-profile endorsement given to his opponent, then-Rep. Dick Durbin (D-Ill.), by former Ronald Reagan Press Secretary Jim Brady. Brady "used to sell" machine guns, Salvi alleged, a strong claim considering Brady's position as strong advocate for gun control and victim of a gunshot wound to the head during a failed assassination attempt on President Reagan in 1981. Salvi was wrong. "Turns out that was a different Jim Brady," a blushing Salvi was later <a href="http://articles.chicagotribune.com/1996-11-02/news/9611020079_1_o-malley-event-gun-control-assault-weapons" target="_hplink">forced to admit</a>. "I apologize." Salvi ended up losing to Durbin.
Attacking A Triple-Amputee For Lack Of Courage
In 2002, Saxby Chambliss, then a Georgia GOP congressman mounting a bid for U.S. Senate, released a controversial ad <a href="http://www.washingtonpost.com/wp-dyn/articles/A58371-2004Sep28.html" target="_hplink">falsely accusing</a> then-Sen. Max Cleland (D), a triple-amputee Vietnam War veteran, of voting against the nation's national security interest. It placed Cleland next to images of Osama bin Laden and Saddam Hussein and suggested that the senator lacked "courage." Chambliss, who didn't serve in Vietnam because of a bad knee, drew widespread condemnation from Republican military veterans in the Senate such as Arizona Sen. John McCain and Nebraska Sen. Chuck Hagel. In a 2008 interview, Chambliss, who had eventually gone on to defeat Cleland six years earlier, <a href="http://thinkprogress.org/politics/2008/11/13/32286/chambliss-cleland-truthful/" target="_hplink">stood by his ad</a> as "truthful in every way."
Jean Schmidt Blasts 'Cowards'
Long before Rep. Jean Schmidt (R-Ohio) uttered <a href="http://www.huffingtonpost.com/2012/06/29/jean-schmidt-reacts-health-care-ruling_n_1638335.html" target="_hplink">shrieks of joy</a> because of false reports that the Supreme Court had ruled against Obamacare, she outraged colleagues on the House floor by suggesting that Vietnam veteran Rep. John Murtha (D-Penn.), was a "coward." In 2005, Schmidt addressed her colleagues in a House speech, <a href="http://thinkprogress.org/politics/2005/11/18/2603/schmidt-shame/" target="_hplink">relaying a message</a> from a Marine who she said had urged her to support an extension of the Iraq War. "He asked me to send Congress a message: Stay the course," she said. "He also asked me to send Congressman Murtha a message, that cowards cut and run, Marines never do. Danny and the rest of America and the world want the assurance from this body -- that we will see this through." She later returned to the House floor to have her remarks stricken from the record and to apologize to Murtha.
RNC's Harold Ford Hit
In 2006, the Republican National Committee set off bickering within and between political parties when it decided to air an ad in a Senate race between then-Rep. Harold Ford Jr. (D-Tenn.) and GOP candidate Bob Corker. The ad was chock-full of stereotypes and thinly-veiled racist undertones -- Ford is black. It drew widespread condemnation from both Democrats and Republicans, including Corker himself. Amid the flareup, RNC Chairman Ken Mehlman <a href="http://www.msnbc.msn.com/id/15403071/ns/politics/t/tennessee-ad-ignites-internal-gop-squabbling/" target="_hplink">said he found nothing wrong</a> with the ad, but attempted to blame the content on a third party group. Corker eventually won the election.
Palin's 'Palling Around With Terrorists'
In the heat of the 2008 presidential election, vice presidential candidate Sarah Palin lofted a now-infamous charge, drawing immediate criticism from opponents who saw it as an attempt to brand then-candidate Barack Obama as un-American. Some even alleged that it was a racially charged character attack seeking to subtly link the supposed terrorist ties to prevalent right-wing conspiracy theories about Obama's so-called Muslim roots. The Associated Press <a href="http://www.huffingtonpost.com/2008/10/05/ap-palins-ayers-attack-ra_n_132008.html" target="_hplink">reports</a> on her comments: <blockquote>"Our opponent ... is someone who sees America, it seems, as being so imperfect, imperfect enough, that he's palling around with terrorists who would target their own country," Palin told a group of donors in Englewood, Colo. A deliberate attempt to smear Obama, McCain's ticket-mate echoed the line at three separate events Saturday. "This is not a man who sees America like you and I see America," she said. "We see America as a force of good in this world. We see an America of exceptionalism."</blockquote>
'There Is No God'
In 2008, a floundering Sen. Elizabeth Dole (R-N.C.) released an ad attempting to accuse her opponent, Democrat Kay Hagan, of having mysterious ties to a group called Godless Americans. The entire ad struck many observers as a <a href="http://www.huffingtonpost.com/2008/10/29/dole-ad-fabricates-audio_n_138874.html" target="_hplink">desperate attempt</a> to regain momentum, but the brunt of the controversy came in the last few seconds, when a faceless voice rings out, yelling "there is no God." Many saw it as an attempt to paint the quote as Hagan's. It wasn't. In fact, Hagan was a Sunday School teacher who served as an elder at her Presbyterian church.
Vintage Michele Bachmann
Rep. Michele Bachmann (R-Minn.) had a somewhat rapid ascent to her current status as darling of conservatives and the Tea Party faithful. It was accelerated in part by appearances such as this one in 2008, during which she called into question the "pro-America" views of the Obamas and various members of Congress. HuffPost's Sam Stein <a href="http://www.huffingtonpost.com/2008/10/17/gop-rep-channels-mccarthy_n_135735.html" target="_hplink">reported</a> at the time: <blockquote>In a television appearance that outraged Democrats are already describing as Joseph McCarthy politics, Minnesota Rep. Michele Bachmann claimed on Friday that Barack Obama and his wife Michelle held anti-American views and couldn't be trusted in the White House. She even called for the major newspapers of the country to investigate other members of Congress to "find out if they are pro-America or anti-America." Appearing on MSNBC's Hardball, Bachmann went well off the reservation when it comes to leveling political charges against the Democratic nominee. "If we look at the collection of friends that Barack Obama has had in his life," she said, "it calls into question what Barack Obama's true beliefs and values and thoughts are. His attitudes, values, and beliefs with Jeremiah Wright on his view of the United States...is negative; Bill Ayers, his negative view of the United States. We have seen one friend after another call into question his judgment -- but also, what it is that Barack Obama really believes?"</blockquote>
Rep. Joe Wilson (R-S.C.) embodied a newly emerging brand of hyper-partisanship in 2009 when he <a href="http://www.huffingtonpost.com/2009/09/09/gop-rep-wilson-yells-out_n_281480.html" target="_hplink">interrupted</a> President Barack Obama's major speech on his health care reform package. "You lie!" Wilson yelled over Obama, who was explaining that the legislation would not mandate coverage for undocumented immigrants. Wilson's outburst drew disapproval from both sides of the aisle.
During the heat of the health care debate in 2010, Rep. Randy Neugebauer (R-Texas) added to the growing partisan discord when he <a href="http://www.huffingtonpost.com/2010/03/22/randy-neugebauer-revealed_n_508525.html" target="_hplink">shouted "baby killer"</a> at Rep. Bart Stupak (D-Mich.) while he was delivering a speech on the House floor. Stupak, an anti-abortion Democrat, had been under heavy fire from Republicans after crafting a deal with the White House in return for his and other Democrats' "yes" vote on the health care reform bill. The White House held up their end of the bargain with an executive order affirming that no taxpayer money would go to fund abortions.
North Carolina GOP congressional candidate Renne Ellmers <a href="http://www.huffingtonpost.com/2010/09/23/renee-ellmers-gop-congres_n_735585.html" target="_hplink">raised some eyebrows</a> and gave her race national attention when she released an attack ad attempting to link her Democratic challenger to the controversial Park51 Islamic center. The ad was criticized for its apparent interchangeable use of the words "terrorists" and "Muslims," as well as the fact that Ellmers' opponent, incumbent Rep. Bob Etheridge (D) hadn't even weighed in on the issue yet. Ellmers didn't appear to do herself any favors in her <a href="http://www.huffingtonpost.com/2010/09/27/renee-ellmers-north-carol_n_740199.html" target="_hplink">attempts to explain the ad</a> during a contentious interview with CNN's Anderson Cooper, but she ended up winning in November after a late surge of momentum.
Alan Grayson's 'Taliban Dan'
Rep. Alan Grayson (D-Fla.) managed to give his opponent, Republican Dan Webster, a boost after he released an attack ad seeking to label Webster as "Taliban Dan." The spot featured selectively edited quotes from a 2009 Christian seminar that <a href="http://www.politifact.com/florida/article/2010/sep/28/fact-checking-alan-graysons-taliban-dan-webster-ad/" target="_hplink">misrepresented Webster's words</a> to suggest that he believed wives should submit to their husbands. Grayson had repeatedly enraged his Republican opponents with biting and at times over-the-top allegations. Comments such as his notorious charge that their health care plan was for Americans to "die quickly" had made him a top target for the GOP. He would lose his election to Webster.
Scott Brown Pictures Stripped Elizabeth Warren
Sen. Scott Brown (R-Mass.) did himself no favors in the fall of 2011, when he returned a volley concerning his past nude modeling for <em>Cosmopolitan</em> magazine, a career choice that his Democratic opponent Elizabeth Warren had earlier jabbed at. HuffPost's Ryan Grim <a href="http://www.huffingtonpost.com/2011/10/06/scott-brown-elizabeth-warren-senate_n_998048.html" target="_hplink">reported</a>: <blockquote>"Have you officially responded to Elizabeth Warren's comment about how she didn't take her clothes off?" the host asked Brown Wednesday. "Thank God!" Brown said, laughing. The host got a kick out it, too. "That's what I said! I said, 'Look, can you blame a good-looking guy for wanting to, you know..."</blockquote> His opponents quickly <a href="http://articles.latimes.com/2011/oct/06/news/la-pn-scott-brown-thank-god-20111006" target="_hplink">hit back</a>, claiming that the comments were sexist and "the kind of thing you would expect to hear in a frat house, not a race for U.S. Senate." <em><strong>Correction</strong>: A previous version of this text inaccurately identified Brown's party affiliation</em>
'Debbie Spend It Now'
Rep. Pete Hoekstra (R-Mich.) couldn't have picked a bigger stage to launch a now-notoriously insensitive ad against his Democratic opponent, incumbent Sen. Debbie Stabenow. In the middle of the Super Bowl, Hoekstra's campaign <a href="http://www.huffingtonpost.com/2012/02/06/pete-hoekstra-ad-china_n_1256791.html" target="_hplink">rolled out the spot</a>, which featured an Asian-American actress using stereotypically broken English to accuse Stabenow -- or "Spend-It-Now" -- of supporting U.S. government spending habits that benefitted the Chinese economy. The backlash was <a href="http://www.huffingtonpost.com/2012/02/06/pete-hoekstra-ad-china-michigan_n_1256912.html" target="_hplink">bipartisan</a> and <a href="http://www.huffingtonpost.com/2012/02/22/pete-hoekstra-polls-china-ad_n_1294221.html" target="_hplink">widespread</a>.
Though only a freshman, Tea Party favorite Rep. Allen West (R-Fla.) has already staked his political fame on inflammatory and controversial statements. His most well-known claim is now perhaps his contention that as many as 80 House Democrats are members of the <a href="http://www.huffingtonpost.com/2012/04/11/allen-west-democrats-communist-party_n_1417279.html" target="_hplink">Communist Party</a>. His spokesperson later claimed that he was referring to members of the Congressional Progressive Caucus. Of course, that's just one of a catalogue of Allen West-isms. Click through the slideshow <a href="http://www.huffingtonpost.com/2012/04/19/allen-west-communists_n_1437517.html" target="_hplink">here</a> for a larger sampling.
'True Hero' Battle
Rep. Joe Walsh (R-Ill.) began digging himself a hole in July when he <a href="http://www.huffingtonpost.com/2012/07/03/joe-walsh-tammy-duckworth_n_1646793.html" target="_hplink">suggested</a> that his Democratic opponent, triple-amputee Iraq War veteran Tammy Duckworth, was not a "true hero" because she spoke too frequently about her military service. In the followup, Walsh kept digging deeper on the Duckworth line, <a href="http://www.huffingtonpost.com/2012/07/05/joe-walsh-tammy-duckworth_n_1650805.html" target="_hplink">claiming</a> that "all she does" is "talk about her service," instead of focusing on other issues. He <a href="http://www.huffingtonpost.com/2012/07/05/joe-walsh-ashleigh-banfield_n_1652236.html" target="_hplink">took a similar angle</a> in a subsequent interview, in which he managed to utter his interviewer's name more than 90 times.