Like it'll ever happen

July 12, 2004

Mary Beth Cahill
Campaign Manager
John Kerry for President
P.O. Box 34640
Washington, DC 20043

Dear Ms. Cahill:

On Thursday your campaign hosted a fundraiser at Radio City Music Hall at which Sen. Kerry said, "Every performer tonight in their own way either verbally through their music through their lyrics have conveyed to you the heart and soul of our country."

I called on your campaign to release the performance that Sen. Kerry said represented the "heart and soul" of America so that all Americans could see for themselves what John Kerry thinks represents the "heart and soul" of our country.

Do most Americans in their hearts, think that calling the President a "thug" and a "killer" represents the "heart and soul" of our nation? We don't think so, but we think voters should decide for themselves by watching the celebrities John Kerry said captured the "heart and soul" of America.

Your Senior Advisor Tad Devine said that you believed that releasing musical performances "might violate copyrights and licensing agreements for the entertainers who performed and allow the Bush campaign to use the tape in commercials against Kerry and Edwards"

I have been assured that "fair use" rules of copyright would allow you to release the tapes of these musical performances to the news media under 2 U.S.C. 107. To allay the other concern you relayed to the news media, Bush-Cheney '04 pledges to refrain from using audio, video or transcripts of the event for any television, cable, satellite or radio advertising. We look forward to seeing this spirited display.

Sincerely,

Ken Mehlman
Campaign Manager