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Lieutenant ColonelPaul Lewis Hackett III (born October 21, 1963) is an American lawyer andveteran of theIraq War who unsuccessfully sought election to theUnited States Congress from theSecond District ofOhio in theAugust 2, 2005, special election. Hackett, aDemocrat, narrowly lost toRepublicanJean Schmidt, a former member of theOhio House of Representatives, providing the best showing in the usually solidly Republican district by any Democrat since the1974 election. Hackett's campaign attracted national attention and substantialexpenditures by both parties. It was viewed by some observers as the first round of the2006 elections. In October 2005, Hackett said he would seek the Democratic nomination in 2006 to challenge incumbentU.S. SenatorMike DeWine; however, he dropped out of the race on February 14, 2006, and said that he would return to his law practice.
On April 9, 2009, Hackett, acting asdefense counsel toSgt.Ryan Weemer,USMC, obtained an acquittal on charges of murdering aninsurgent inFallujah on November 9, 2004, theSecond Battle of Fallujah's first day. Weemer had contacted Hackett two years earlier after he had successfully represented other Marines charged with violations of thelaw of war inHaditha in November 2005. Hackett represented Weemerpro bono. When asked why, Hackett stated that "these Marines protected me when I was in Fallujah, it's the least I could do." The trial lasted two weeks after which the 8 membercourt martial deliberated for 8 hours and announced its decision acquitting Weemer of all charges and specifications, to unpremeditated murder anddereliction of duty. Weemer's acquittal was awarded by the 8 member jury despite the government's introduction into evidence of Weemer's audio confession to the alleged violations of war. Despite the audio confession, the 8 member jury was persuaded by Hackett's argument and through his cross examination of NCIS Special Agent Fox that Weemer had been coerced into confessing to the charged offenses by his interrogators; namely NCIS Special Agent Fox.
This is the only known instance in American Jurisprudence that a jury acquitted a defendant of murder charges after the acceptance into evidence by the trial court and publication to the jury of the defendant's alleged audio confession.
Hackett, whoThe New York Times said is six foot two and "garrulous, profane, and quick with a barked retort or a mischievous joke", was born inCleveland, Ohio, the son of Paul and Beth Hackett, who lived at the time inGates Mills. When an infant, his family moved toWest Palm Beach, Florida, where his father worked for thePratt and Whitneyaircraft engine company. Before Hackett started school, his family returned to Ohio when his father took a job with theGeneral Electric Company's aircraft engine division inEvendale, a Cincinnati suburb. Hackett lived in the Ohio towns ofWyoming,Montgomery andIndian Hill, and attended theSeven Hills School andIndian Hill High School.
He has aBachelor of Arts fromCase Western Reserve University and aJuris Doctor from theCleveland State University College of Law. Hackett also attendedAmerican University in Washington, D.C., studying under the university's Washington Semester program in Journalism. Hackett wasadmitted to the Ohio bar on November 7, 1988, and practices law in downtown Cincinnati with the Hackett Law Office, which he opened in 1994. Additionally, Hackett was admitted to the Colorado bar on April 26, 2016.
Hackett saw active duty in theUnited States Marine Corps from 1989 to 1992, and then joined theSelect Marine Corps Reserve. In 2004, he volunteered for active duty in theIraq War, spending seven months as a civil affairs officer with the4th Civil Affairs Group of the1st Marine Division. He was assigned toRamadi and supported theFallujah campaign and reconstruction efforts there in addition to acting as a convoy commander on over 150 convoys throughout Al Anbar Province during his deployment. On October 21, 2004, a convoy under his command was hit by two roadside bombs, but Hackett was uninjured. He returned to Ohio in early 2005.
Hackett continues to serve in the United States Marine Corps Reserves and retired from the Marine Corps in April 2022 after more than 28 years of commissioned service in the Marine Corps. Hackett's personal awards include the Meritorious Service Medal, the Navy-Marine Corps Commendation Medal and the Combat Action Ribbon.
Hackett is married to Suzanne (Suzi) C. Hackett. They have three children, Grace (born 1997), Seamus (born 2000), and Liam (born 2003). The family lives inIndian Hill, an affluentCincinnati suburb, on a small farm along theLittle Miami River built in 1802.
Hackett was elected to the city council ofMilford, Ohio, a city inClermont andHamilton Counties, in 1995 to replace Chris Imbus, who was recalled from office by a vote of 410 to 86. In the recall election on May 2, he defeated businessman Jacques E. Smith by a vote of 388 to 81. On the Milford council, he opposed efforts torezone a parcel of land in order to retain the Milford post office within the city limits. He resigned from the council in September 1998 to devote more time to his family and his law practice and was replaced on the council by James Gradolf. When Hackett purchased a home in Indian Hill in 2000, the purchase madeThe Cincinnati Enquirer's column of most expensive real-estate transactions in the area.
Hackett decided to run for Congress because "with all that this country has given me, I felt it wasn't right for me to be enjoying life in Indian Hill when Marines were fighting and dying in Iraq," he toldThe Cincinnati Post. Hackett told theDayton Daily News that his friend Mike Brautigam, who met him at the airport upon his return, had told himRob Portman, congressman since 1993, was resigning to becomeUnited States Trade Representative and Hackett should run for his seat. Hackett decided to enter the race before reaching home.
Hackett faced Republican nomineeJean Schmidt in the August 2, 2005, special election. Schmidt, a former schoolteacher described byThe New York Times as "small, wiry, and intense, she exudes seriousness", had been a township trustee in northwestern Clermont County's populousMiami Township for eleven years before four years in theOhio House of Representatives.
The district was a strong Republican one. In 2004, 64 percent of the vote in the presidential election went toGeorge W. Bush.Rob Portman never received less than 70 percent of the vote in his campaigns, no Democrat had received more than 38 percent sinceThomas A. Luken's narrow loss toWillis D. Gradison in 1974, and no Democrat had won the district in a regular general election sinceJohn J. Gilligan in 1964. (Luken held the seat in 1974 after winning a special election to replaceWilliam J. Keating, who resigned, but lost the November election for a full term.) Amy Walter of theCook Political Report said the Second District was the fifty-seventh most Republican in America.
John Green, apolitical science professor at theUniversity of Akron in northeast Ohio toldUSA Today, "It's a real steep uphill climb for him. It is such a Republican district."Jane S. Anderson, anadjunct professor ofpolitical science at theUniversity of Cincinnati who has unsuccessfully run for the Cincinnati city council and theOhio House as a Democrat, told theAssociated Press:
Hackett was undaunted by the Republican composition of the district, claiming:
Martin Gottlieb, editor of theDayton Daily News editorial page, wrote a Republican landslide in the district was "aself-fulfilling prophecy":
Hackett criticizedJean Schmidt as a "rubber stamp" forOhio GovernorBob Taft's "failed policies" and said she would continue in that role forGeorge W. Bush if elected. At their debate at Chatfield College, he said "If you think America is on the right track and we need more of the same, I'm not your candidate" and asked "Are you better off today than you were five years ago?", echoingRonald Reagan's question in his debate withJimmy Carter in 1980. "Rubber stamp" was Hackett's catchphrase throughout the campaign. Hackett even appeared in front of the Hathaway Rubber Stamp store in downtown Cincinnati on July 27, to emphasize the point.
"If you think America needs another career politician steeped in aculture of corruption who does as she's told and tows [sic] the line on failed policies, then I'm not your candidate," he wrote in a guest column forThe Cincinnati Post. Hackett hammered on Schmidt's ethics. When she denied she knew or ever metThomas Noe, at the center of theCoingate scandal at theOhio Bureau of Workers' Compensation, Hackett produced minutes from a meeting of theOhio Board of Regents that showed Schmidt had indeed met with Noe, once a regent.[citation needed]
He laid out his positions in thatPost column:
Hackett was highly critical of his opponent's record. On June 12, he went to Nicola's Ristorante on Sycamore Street inCincinnati'sOver-the-Rhine neighborhood to call attention to Schmidt and other members of theOhio General Assembly having accepted dinner there andCincinnati Bengals tickets from a lobbyist for pharmaceutical companyChiron, Richard B. Colby, on October 24, 2004, and failing to report the gifts on their financial disclosure statements. (The others were RepresentativesJim Raussen ofSpringdale,Michelle G. Schneider ofMadeira, andDiana M. Fessler ofNew Carlisle.) "What will she do in Washington when she's around real big money?" Hackett asked.
The Cincinnati Enquirer ran a front page story on July 2, reporting on the candidates financial disclosure statements that revealed both were millionaires. Hackett was worth between $650,000 and $1,600,000, while Schmidt was worth between $1,700,000 and $6,800,000, most of her wealth in the form of a real estate company owned with her three siblings, RTJJ, LLC. These figures did not include the value of either's home. The Hamilton County Auditor valued Hackett's home on 5 acres (20,000 m2) at $552,800 and the Clermont County Auditor valued Schmidt's home on .667 acres (2,700 m2) at $138,510.
Hackett toldThe Enquirer, "I'm a self-made guy. I didn't inherit it. I didn't marry for it. What you see is what I made in the last decade." The newspaper noted the median household income in the district was $46,813. Schmidt used her own wealth in the campaign. She toldThe Cincinnati Post the week before the election she put $200,000 of her money in the campaign that she had planned to use to buy acondominium in Florida.
Hackett was a strong advocate for theSecond Amendment, but nevertheless lost the endorsement of theNRA Political Victory Fund toJean Schmidt.[1] Hackett, a long-time NRA member and holder of aconcealed carry permit, toldThe Enquirer "I don't know what I have to do. I've gone against the grain in the Democratic party. There isn't a bigger gun enthusiast than me." (A spokesman for the NRA said the endorsement was based on Schmidt's voting record in theOhio House and that Hackett, having only served on a city council, did not have the voting record Schmidt did.) Schmidt also won the endorsements of theFraternal Order of Police. The FOP's Keith Fangman criticized Hackett: "He has a track record of filing frivolous and malicious lawsuits against law enforcement officers inClermont County," said Fangman because Hackett had represented aplaintiff in a suit against a Clermont County police officer. "That's what lawyers do," Hackett toldThe Cincinnati Enquirer. "We're not in the business of filing lawsuits we know are frivolous or malicious."
Both candidates talked about the environment. Hackett paddled down theOhio River to call attention to its condition. Schmidt called for reducing America's dependence on foreign oil by increasing use ofethanol and drilling inAlaska'sArctic National Wildlife Refuge. Hackett opposed drilling in ANWR.
The candidates participated in only two debates. The first was held on July 7, at Chatfield College inSt. Martin inBrown County, moderated by Jack Atherton ofWXIX-TV, theFox Network affiliate in Cincinnati. Hackett told the audience his opponent was "a rubber stamp for failed policies" and "if you think America is on the right track and we need more of the same, I'm not your candidate." The second debate was held July 26, at the Ohio Valley Career and Technical School inWest Union inAdams County. Howard Wilkinson ofThe Cincinnati Enquirer said Hackett in the second debate was "trying to paint Schmidt as a Taft-Bush robot." The two also made joint appearances onWCET-TV'sForum on July 28, andWKRC-TV'sNewsmakers on July 31.
Hackett held campaign rallies inWaverly in the far eastern end of the district on July 11; inLoveland on July 19;Mariemont on July 20; andLebanon, the northernmost part of the district, on July 21. Hackett arrived at many events on hisHarley-Davidson motorcycle.
Hackett attracted national attention to what had always been considered a safe Republican district.The New York Times ran a front-page story on him and articles appeared inUSA Today andThe Washington Post.USA Today wrote, "if Democrats could design a dream candidate to capitalize on national distress about the war in Iraq, he would look a lot like the tall, telegenic Marine Reserve major who finished a seven-month tour of Iraq in March."
Schmidt made theIraq War an issue in the race. She declared onWCET-TV'sForum that "9/11 was a wakeup call. We lost our innocence" and praised the Bush foreign policy. "The foundation of democracy that has been planted inAfghanistan andIraq", she said, has inspired reforms inSaudi Arabia,Syria,Lebanon, and elsewhere. Schmidt always appeared in public with a button in her lapel containing a photograph ofKeith Matthew Maupin, the onlyprisoner of war of the Iraq campaign. Hackett did not mince words about Iraq or President Bush. He toldThe New York Times Bush was "a chicken hawk" for pursuing the war after having avoided military service in theVietnam War.The Times also quoted him as saying Bush was "the greatest threat to America." Hackett in the West Union debate contrasted what President Bush had said in the 2000 presidential debates to current events. "Guess what folks? We're nation-building!"
On July 19, Democratic campaign operativeJames Carville appeared at a fund-raiser for Hackett in downtown Cincinnati that raised $100,000. On July 21,Max Cleland, formerly aUnited States senator fromGeorgia, campaigned for Hackett at a rally inBlue Ash.John Glenn, the astronaut who later represented Ohio in theUnited States Senate, sent out an e-mail asking Democrats to volunteer for Hackett, and Glenn campaigned with him on July 30, in Cincinnati. Retired general and presidential candidateWesley Clark also endorsed Hackett. Hackett also received campaign contributions from the Association of Trial Lawyers of America, the United Auto Workers,Cincinnati Bengals ownerMike Brown, and talk show host and former Cincinnati mayorJerry Springer.
Democratic National Committee chairmanHoward Dean sent out an e-mail appeal for Hackett which, combined with work by bloggers, helped raise over $475,000 in online contributions for Hackett, making him the first Democratic nominee in the Second District in years who could afford television advertisements. Hackett's ad began with a clip of PresidentGeorge W. Bush speaking to troops atFort Bragg, North Carolina, on June 28, 2005, "There is no higher calling than service in our armed forces." Hackett's commercial then noted his service in the Marine Corps.The Washington Post noted the commercial "avoids any hint that the lawyer is a Democrat." Republicans were displeased. TheRepublican National Committee's lawyers wrote to him, saying the commercial deceived the public with "the false impression the President has endorsed your candidacy."Robert T. Bennett, chairman of theOhio Republican Party, toldThe Cincinnati Post the commercials were "a blatant effort to dupe voters."
TheNational Republican Congressional Committee, the official Republican Party body that helps candidates for theUnited States House of Representatives, announced on July 28, it was spending $265,000 for television ads in the Cincinnati market, covering the western part of the district, and $250,000 for ads in theHuntington, West Virginia, market, covering the eastern half.Carl Forti toldThe Cincinnati Enquirer "we decided to bury him" after Hackett toldUSA Today, in a story published that morning, "I don't like the son-of-a-bitch that lives in theWhite House but I'd put my life on the line for him." Forti said the NRCC had "no concern that she will lose. She will not lose."
The NRCC ran commercials noting Hackett had voted for tax increases while on the Milford council and quoting his statement on his website that he would be "happy" to pay higher taxes. The full quotation, in regards to raising the cap of $90,000 thatSocial Securitypayroll taxes are levied on was
Democratic Congressional Campaign Committee, the NRCC's counterpart, responded with commercials noting that Schmidt had voted to raise thesales tax by 20 percent and theexcise tax on gasoline by 30 percent when she was in the legislature. A mailing to voters by the DCCC reiterated these statements under the headline "Who Voted for the Taft Sales Tax Increase—the Largest in Ohio History?" and asked "can we trust Jean Schmidt to protect middle-class families in Washington?"
The Coalition Opposed to Additional Spending and Taxes, a Cincinnati-based group founded byTom Brinkman (who lost the GOP primary to Schmidt), began running ads in the last week of July urging voters to skip the election. COAST's president, Jim Urling, toldThe Cincinnati Enquirer that this might help elect Hackett, but "we think it will be easier to remove a Democrat next year than an incumbent Republican posing as a conservative."
In the general election, the DemocraticDayton Daily News endorsed Hackett. TheDaily News said Schmidt's attacks on SenatorsR. Michael DeWine andGeorge V. Voinovich were "remarkably classless" and "seemed to be saying that voters who like legislators who exercise occasional independence from their party should not vote for her." TheDaily News said Hackett was "not your classic suburban liberal" and urged "voter[s] looking for something beyond a conventional political background" to support him.The Cincinnati Post also endorsed Hackett. It noted Schmidt is the latest in a line of "Republican patricians" and "likely to be a dependable vote for the Bush administration" whereas Hackett is a gust of fresh air. If we had to put a label on him, it would beLibertarian Democrat. He says what he thinks and doesn't seem to have much use for the orthodoxy or the partisanship of either party."
The Cincinnati Enquirer wrote:
Ultimately, the newspaper did not endorse Hackett. "The 2nd District will get a capable representative no matter which candidate prevails Tuesday. But it should get more local bang for its electoral buck if it sends Jean Schmidt to Washington," wrote the editors.
Hackett ultimately lost by a narrow margin, only 3.27 percent, the best showing of any Democrat in the district since 1974. These were the final certified numbers as reported on theOhio Secretary of State's website.[2]
| Candidate | Party | Adams | Brown | Clermont | Hamilton | Pike | Scioto | Warren | Totals |
|---|---|---|---|---|---|---|---|---|---|
| Jean Schmidt | Republican | 1,905 | 3,117 | 17,437 | 25,369 | 1,561 | 2,659 | 7,623 | 59,671 |
| Paul Hackett | Democratic | 2,158 | 3,969 | 12,544 | 24,105 | 2,675 | 4,959 | 5,476 | 55,886 |
| James J. Condit Jr. | (write-in) | 0 | 3 | 3 | 7 | 0 | 0 | 2 | 15 |
| James E. Constable Jr. | (write-in) | 0 | 0 | 3 | 1 | 0 | 0 | 0 | 4 |
Howard Wilkinson wrote inThe Cincinnati Enquirer the morning after the election, "the fact that Paul Hackett made it a very close election is nothing short of astounding... com[ing] close to pulling off a monumental political upset." Hackett won in the eastern, rural counties of Pike, Scioto, Brown, and Adams, while Schmidt won in the populous western counties of Clermont, Hamilton, and Warren.The Cincinnati Post editorialized Hackett's success in the eastern counties was in part from "the increasingly desperate struggle in rural areas to provide enough decent jobs for those who want them."
Following the election, many Democrats hailed the election as showing the weakness of Ohio's Republican party, which had been in control of Ohio state government for a decade, and public unhappiness with President Bush's policies. Hamilton County Democratic chairman Timothy Burke was delighted. "Paul was very critical of this president in a district that Bush carried easily last November, yet she barely hung on to win. There's a clear signal in that," he toldThe Cincinnati Post on election night. The Clermont County Democratic chairman, Dave Lane, told theDayton Daily News "Here we are in the reddest of red districts and it was very, very close."
TheDemocratic Senatorial Campaign Committee claimed in a press release Hackett's strong showing meant trouble for Senator DeWine's re-election campaign in 2006, especially since his sonR. Patrick DeWine had lost the Republican primary for the seat. "If Ohio is a bellwether state for next year's midterm elections, things don't look too good for the Republicans", claimed the DSCC. Republicans said the election meant nothing of the sort. "There is no correlation between what happens in a special election, where turnout is very low and you have circumstances that just aren't comparable to an election that happens on an Election Day in an election year," Brian Nick of theNational Republican Senatorial Committee toldThe Cincinnati Post.
The Columbus Dispatch referred to "the trauma of barely winning a Congressional district long dominated by Republicans" and quoted an anonymous source in the Republican party claiming "there is not a tougher environment in the country than Ohio right now. There is kind of a meltdown happening." Amy Walter of theCook Political Report told theDispatch "Ohio becomes the microcosm for the debate Democrats are trying to have nationally" and Democrats would argue in future campaigns "'See what happens when one party rules too long, see what happens with corruption and insider influence.'" Her boss,Charlie Cook, toldThe Los Angeles Times Hackett's "rubber stamp" charge had resonated with Ohio voters.
Peter W. Bronson, a conservative columnist forThe Cincinnati Enquirer, wrote, "Hackett's surprising finish was less a repudiation of Bush than a repudiation ofOhio GovernorBob Taft, whose name is now officially radioactive poison." Bronson admitted Hackett "ran a strong campaign" but said he did so well only because of "the ugly primary" on the Republican side, fears that Schmidt was "another Taft RINO" (i.e., "Republican In Name Only"), and apathy by Republican voters, not dissatisfaction with Bush or Republicans in general.
John Nichols ofThe Capital Times (Madison, Wisconsin) saw it differently. "The district had been so radicallygerrymandered by Republican governors and legislators that it was all but unrecognizable that a Democrat could ever be competitive there" and Hackett, "a smart telegenic Iraq war veteran," had been "swift-boated" in the final days of the campaign by Republican operatives and "right-wing talk hosts" such asRush Limbaugh.
Mark Steyn, a conservative columnist forNational Review magazine, wrote in theIrish Times, "Paul Hackett was like a fast-forward version of theJohn Kerry campaign" who "artfully neglected to mention the candidate was a Democrat." Steyn claimed any Democratic efforts to present Hackett's run as a success for the party were absurd.
Hackett toldThe Cincinnati Post he stood by his criticisms ofGeorge W. Bush:
One voter turned off was veteran Arthur Smith ofLoveland, whose letter to the editor inThe Cincinnati Enquirer on August 5, said Hackett
Jerome Armstrong stated inTomPaine.com that the returns tapped into the growing movement within theDemocratic Party willing to take theRepublicans head on about the direction of this nation.
Former PresidentBill Clinton recognized Hackett in an October 23, 2006, speech saying "I hope Paul Hackett sees that his courage to make people see the truth about our policy in Iraq, is now sweeping the nation."[3]
Hackett on October 24, 2005, announced he would seek the Democratic nomination to challenge incumbentUnited States SenatorMike DeWine after rejecting a second run against Schmidt.Sherrod Brown, a congressman from northern Ohio and two-termOhio Secretary of State, had rejected efforts by theDemocratic Senatorial Campaign Committee to recruit him to the race in the summer of 2005 and had on August 17, publicly declared he would not run. Brown changed his mind and declared he would run, angering Hackett who claimed Brown had promised him he would stay out of the race, a claim Brown denies.
On February 13, 2006, Hackett announced that he was withdrawing from the race and ending his political career. Hackett toldThe New York Times thatSenate Minority LeaderHarry Reid and New York SenatorChuck Schumer recently had asked him to withdraw. He further contends that Schumer sabotaged his fundraising efforts and actively worked against his campaign.[4] Hackett said, "For me, this is a second betrayal ... first, my government misused and mismanaged the military in Iraq, and now my own party is afraid to support candidates like me."[5] On March 14, 2006, he appeared on an episode ofThe Daily Show on a segment which satirized the mainstream Democratic Party's criticism of Hackett.[6]
One issue Hackett faced in his campaign is the status of hisMarine Corps Reserve unit, which may deploy back to Iraq during the campaign. Hackett had said he expected to return to Iraq in 2006.[7]
Hackett later reconciled with Brown and backed his successful Senate campaign.[8]
Following the exit from the Senate race, Hackett declined to enter the race for the Democratic nomination in the 2nd Congressional District againstJean Schmidt, because he promised the Democratic candidates inthat race that he would not run. As a result a number of candidates threw their names into the race, and Hackett kept his promise. Therefore, on May 2,Victoria Wulsin (who came second to Hackett in the 2005 Democratic primary to fill the vacancy caused by Portman's resignation) won the Democratic primary to challenge Schmidt. On May 8,The Cincinnati Enquirer speculated on the possibility that Wulsin would drop out, and allow Hackett to run in her place.[9] This scenario did not occur, so there was no rematch.
After withdrawing from the Senate race, Paul Hackett joined the Advisory Board ofIraq and Afghanistan Veterans of Americapolitical action committee (PAC)[10] to support his fellow veterans running for Congress.
Hackett has also done sometalk radio by substituting forJerry Springer on hisAir America Radio show,Springer on the Radio,[11] as well as forEd Schultz on hisshow.
On May 30, 2006, Hackett filed aclass action lawsuit against theUnited States Department of Veterans Affairs over the compromise of personal information of 26.5 million veterans which may have fallen into the hands of a thief.[12]
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We endorse Hackett for the 2nd District seat.
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