During the 2007-08 election cycle, David Krikorian, an Armenian American candidate, challenged Congresswoman Jean Schmidt for Ohio’s 2nd district seat. In the waning hours of the campaign with no time for a response, Krikorian alleged that Schmidt had accepted illegal contributions from supposed Turkish government-sponsored political action committees. He further maintained that the Congresswoman accepted campaign funds in exchange for a promise to refuse co-sponsorship of H. Res. 106, a resolution that would validate the Armenian allegation of genocide. Represented by the Turkish American Legal Defense Fund, the anti-defamation arm of the Turkish Coalition of America (TCA), Congresswoman Schmidt filed suit against Krikorian at the Ohio Elections Commission (OEC) for making false statements against her to win an election. The Congresswoman prevailed with the OEC deciding that Krikorian knowingly and maliciously lied.
Krikorian first appealed the OEC ruling in state court. He concurrently sued in federal court, seeking to enjoin the OEC from enforcing Ohio laws against intentional false statements in political campaigns on the preposterous ground that the First Amendment guarantees a right to lie about political candidates. Krikorian’s state court appeal was dismissed and not pursued further. On October 19, the federal court dismissed his remaining appeal. Judge Susan J. Dlott ruled: that abstention was required because Krikorian could have advanced all of his constitutional claims in the state court appeal; that the OEC was constitutionally empowered to sanction intentionally false statements in federal election campaigns; and, that the core assertion in every statement Krikorian argued was protected speech had been found false and malicious by clear and convincing evidence by the OEC, and could not be reconsidered by a federal court.
Mr.Kirkorian had turned his election bid into a nationwide Armenian American campaign and was later represented pro-bono by celebrity lawyer Mark Geragos who also is of Armenian descent. Seeking to defend her good name against Armenian American intimidation, Congresswoman Schmidt has filed a multi-count civil defamation lawsuit against Kirkorian in state court in Ohio. That case is pending.
