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US-Bahrain Business Council logo.US-Bahrain Business Council logo. [Source: US-Bahrain Business Council]The US Chamber of Commerce (USCC), in a methodology made legal by the Citizens United Supreme Court decision (see January 21, 2010), uses foreign-generated funds to disseminate “attack ads” against Democrats running for office in the November midterm elections. The USCC has targeted, among others, Jack Conway (D-KY), Senator Barbara Boxer (D-CA), Governor Jerry Brown (G-CA), and Representatives Joe Sestak (D-PA) and Tom Perriello (D-VA). The USCC, a private trade association organized as a 501(c)(6) that can raise and spend unlimited funds without disclosing any of its donors, has promised to spend $75 million to prevent Democrats from winning in the upcoming elections. The USCC has, as of September 15, aired over 8,000 television ads supporting Republican candidates and attacking Democrats, according to information from the Wesleyan Media Project. The USCC has far outspent any other public or private group, including political parties. The funds for the USCC’s efforts come from its general account, which solicits foreign funding. Legal experts say that the USCC is likely skirting campaign finance law that prohibits monies from foreign corporations being spent in American elections. The USCC has been very active in recent years in raising funds from overseas sources, with such funds either going directly to the USCC or being funneled to the USCC through its foreign chapters, known as Business Councils or “AmChams.” Some of the largest donations come from the oil-rich country of Bahrain, generated by the USCC’s internal fundraising department in that nation called the “US-Bahrain Business Council” (USBBC). The USBBC is an office of the USCC and not a separate entity. The USBBC raises well over $100,000 a year from foreign businesses, funds shuttled directly to the USCC. A similar operation exists in India through the auspices of the USCC’s US-India Business Council (USIBC). The USIBC raises well over $200,000 a year for the USCC. Other such organizations exist in Egypt, Russia, China, Saudi Arabia, Brazil, and other countries, with those nations’ laws making it difficult or impossible for the public to learn how much money is being raised and by which foreign entities. Multinational firms such as BP, Shell Oil, and Siemens are also active members of the USCC, and contribute heavily to the organization. If those firms’ monies are going to fund political activities, the Citizens United decision makes it legal to keep that fact, and the amount of money being used to fund those political activities, entirely secret. It is known that the health insurer Aetna secretly donated $20 million to the USCC to try to defeat the Affordable Care Act (ACA) last year, and News Corporation, the parent of Fox News, donated $1 million to the USCC to use in political activities (see September 30, 2010). The USCC is a strong opponent of Democrats’ efforts to persuade American businesses to hire locally rather than outsourcing jobs to countries such as China and India, and has fought Democrats who oppose free trade deals that would significantly benefit foreign entities. The USCC claims that it “has a system in place” to prevent foreign funding for its “political activities,” but refuses to give any details. [Think Progress, 10/5/2010]

Entity Tags: Joe Sestak, British Petroleum, Barbara Boxer, Aetna, Jack Conway, US-India Business Council, Wesleyan Media Project, US Chamber of Commerce, News Corporation, Royal Dutch/Shell, US-Bahrain Business Council, Siemens, Thomas Perriello, Edmund Gerald (“Jerry”) Brown, Jr

Timeline Tags: Civil Liberties

Washington Post columnist Dana Milbank, in an examination of Fox News host Glenn Beck’s slippery grasp of history, notes that Beck routinely invokes Nazi dictator Adolf Hitler and former US President Woodrow Wilson in comparisons to President Obama. Beck has accused Obama and his administration of supporting “eugenics” similar to those advocated by some Nazis (see May 13, 2009), claimed that Obama, like the Nazis, believes in enforced sterilization, claimed that Obama would create “death panels” to decide who lives and dies under his health care reform proposals (see August 10, 2009), told his viewers to “read Mein Kampf” if they want to understand Obama’s ideology, repeatedly accused the Obama administration of “fascism” (see September 29, 2009), claimed the Obama “brownshirts” were readying a strategy to arrest Beck and other Fox News personnel in an attempt to shut down the network, accused the United Nations of “Nazism” in pursuing efforts to curb global warming, said Obama wanted to create his own version of the SS and Hitler Youth in revamping and expanding AmeriCorps (see March 31, 2009), and more. Milbank notes that Beck either gives no evidence whatsoever to bolster his claims, or gives evidence that is either misrepresented or entirely false. Milbank writes: “Beck, it seems, has a Nazi fetish. In his first 18 months on Fox News, from early 2009 through the middle of this year, he and his guests invoked Hitler 147 times. Nazis, an additional 202 times. Fascism or fascists, 193 times. The Holocaust got 76 mentions, and Joseph Goebbels got 24. And these mentions are usually in reference to Obama.” As for Wilson, Beck routinely labels the former president a “racist” “horror show” who was “the spookiest president we ever had,” usually in preparation for comparing him to Obama. [Washington Post, 10/3/2010] Six weeks later, Fox News president Roger Ailes, defending Beck, will tell an interviewer that Milbank should be “beheaded” for criticizing Beck (see November 17-18, 2010).

Entity Tags: Glenn Beck, AmeriCorps, Barack Obama, Fox News, Roger Ailes, Dana Milbank, United Nations

Timeline Tags: Domestic Propaganda

American Future Fund logo.American Future Fund logo. [Source: American Future Fund / Talking Points Memo]Three citizen watchdog and pro-campaign finance groups, the Center for Media and Democracy, Protect Our Elections, and Public Citizen, allege that the tax-exempt nonprofit group American Future Fund (AFF) is violating tax law by operating primarily as a political advocacy group. AFF was founded and is operated by Nick Ryan, a former campaign advisor for former Senator Rick Santorum (R-PA) and former Representative Jim Nussle (R-IA), and the head of a political consulting firm, the Concordia Group. Ryan also founded a pro-Santorum “super PAC” called the Red, White and Blue Fund. State Senator Sandra Greiner (R-IA) and prominent Iowa Republican Allison Dorr Kleis serve as the organization’s directors. The group states that it advocates for “conservative and free market ideals.” The New York Times will later confirm that Bruce Rastetter, co-founder and CEO of Hawkeye Energy Holdings, a large ethanol company, provided the seed money for AFF in 2008. Investigations by the Center for Public Integrity will also show that the Pharmaceutical Research and Manufacturers of America (PhRMA) contributed $300,000 to the organization in 2010. The group also received $2.44 million from another 501(c)4 group, the American Justice Partnership, which advocates for “tort reform,” and over $11 million from the Center to Protect Patients’ Rights, another 501(c)(4) organization. The Times will find that AFF-supported candidates win 76 percent of the time, making the group “one of the most effective outside spending groups of the 2010 election cycle.” The law allows 501(c)4 groups (see 2000 - 2005) such as AFF to operate without taxation or legal scrutiny as long as they spend the bulk of their resources on “further[ing] the common good and general welfare of the people of the community” and not political advocacy. Moreover, federal election law provides that if a group’s major purpose is electioneering and it spends at least $1,000 to influence elections, it must register as a political action committee (PAC). A New York Times analysis recently showed that AFF spent 56 percent of its television budget on political advertising, and so far has spent $8.8 million on television ad buys. Its ads attack Democratic candidates in Indiana, Iowa, New Mexico, and West Virginia, and expressly tell voters to cast their ballots against these candidates. And the organization’s Web site says it exists to “target… liberal politicians.” The group says it plans to spend as much as $25 million on the 2010 elections. In a press release, Public Citizen says that AFF, “a conservative nonprofit group pouring money into the 2010 midterm elections, appears to be violating campaign finance law.” The three groups file a complaint with the Federal Election Commission (FEC) asking it to decide whether AFF has violated the tax code. If so, AFF would be forced to re-register as a PAC and be subjected to more disclosure requirements, particular who donates to the organization and how much they donate. Craig Holman of Public Citizen says: “American Future Fund is pulling out the stops to ensure that Republicans are elected this November. That imposes on the group the legal duty to register with the FEC and disclose exactly who is funding all those expenditures.” Protect Our Elections spokesperson Kevin Zeese says: “In this first post-Citizens United (see January 21, 2010) election, corporations and their executives are testing the limits of the law and crossing over into illegality. They cross the line when they use nonprofit groups to urge people to vote ‘for’ or ‘against’ a specific candidate. Political committees violate the law when they accept anonymous contributions for their work. These violations of federal election and tax laws need to be challenged now; otherwise we will see even more anonymous corporate donations trying to illegally manipulate voters into voting against their own interests in future elections.” And Lisa Graves of the Center for Media and Democracy says: “Groups spending millions to attack Americans running for office should not be able to use their tax-free status to hide the truth about which fat cats are behind their ads. Voters have a right to know which corporations or millionaires are laundering their profits through nonprofits like the American Future Fund, whose main business seems to be electioneering. We have joined this complaint to demand that the law be enforced and the truth be told.” [Center for Media and Democracy, Protect Our Elections, and Public Citizen, 10/12/2010 pdf file; Public Citizen, 10/20/2010; Mother Jones, 1/28/2011; iWatch News, 6/21/2012] AFF will continue to operate as a 501(c)4 group in spite of the FEC complaint, and will continue to spend heavily on anti-Democratic ads, many of which will be proven to be false by organizations such as FactCheck (.org). More complaints will be filed against the organization, including a February 2011 IRS complaint by Citizens for Responsibility and Ethics in Washington (CREW). [iWatch News, 6/21/2012]

Entity Tags: Center to Protect Patients’ Rights, Red, White and Blue Fund, Center for Public Integrity, Bruce Rastetter, American Justice Partnership, American Future Fund, Allison Dorr Kleis, Public Citizen, Protect Our Elections, Sandra Greiner, Nick Ryan, Federal Election Commission, Kevin Zeese, Craig Holman, Citizens for Responsibility and Ethics in Washington, Concordia Group, Center for Media and Democracy, Pharmaceutical Research and Manufacturers of America, New York Times, Lisa Graves

Timeline Tags: Civil Liberties

Florida Republican gubernatorial candidate Rick Scott promises that if elected, he will revive the “Florida for Life Act,” which the bill’s original sponsor now terms the “Florida Right to Life Act” (see February 17, 2010). The proposed legislation would ban almost all abortions in Florida, in defiance of the 1973 Supreme Court ruling making abortions legal throughout the US (see January 22, 1973). The announcement comes in an email from State Representative Charles Van Zant (R-FL), who tells his own supporters, “Scott pledged that he would assist in advancing the Florida for Life Act through both Florida’s House and Senate.” Van Zant tells voters to cast their votes for Scott in light of the candidate’s active support for anti-abortion legislation. Scott’s campaign does not directly confirm the email’s accuracy, but says Scott’s anti-abortion, “pro-life” position is clear. Democratic gubernatorial candidate Alex Sink says she is staunchly pro-choice, and would not support such a bill. Attorney John Stemberger, president of the Florida Family Policy Council, says he likes the bill, but believes the Florida Supreme Court would strike it down if it became law. [Orlando Sun-Sentinel, 10/15/2010; Sarasota Herald-Tribune, 10/15/2010] In November 2010, Scott will win the governor’s seat. [CBS News, 11/3/2010]

Entity Tags: John Stemberger, US Supreme Court, Alex Sink, Rick Scott, Charles Van Zant

Timeline Tags: US Health Care

Campaign spending by outside “independent” organizations on Congressional races currently stands at $147.5 million, a 73 percent rise from two years ago, according to information from the nonpartisan Campaign Finance Institute (CFI). In mid-October 2008, Congressional election spending by outside groups was at $85.3 million. In 2006, that number was $32 million. The spending dramatically favors Republicans, with groups supporting GOP candidates spending $105.5 million and groups supporting Democrats spending $42 million. According to the press, the huge spike in spending is traceable to the Citizens United decision that allows corporations and labor unions to spend unlimited funds in campaign activities (see January 21, 2010). The CFI notes that the record-breaking spending “is before the traditionally heavy-spending final weeks of the campaign.” [McClatchy News, 10/18/2010]

Entity Tags: Campaign Finance Institute

Timeline Tags: Civil Liberties, 2010 Elections

Larry Klayman, a former Justice Department official who founded the conservative watchdog organization Judicial Watch, pens an editorial for the online news site WorldNetDaily (WND). Klayman makes the arguably racist assertion that President Obama leads only “his people” and not “white people.” Writing that “President Obama is not a ruler for all of the people, but rather ‘his people,’” Klayman begins by claiming that he was “proud that America could elect a black president and overcome centuries of racial prejudice,” even though Obama is, in his estimation, “a politician far to the left of mainstream America.” But, two years into the Obama administration, Klayman says the American citizenry has been repelled by watching Obama “seemingly favoring his own race and true religious allegiance over whites, Christians, and Jews.” Klayman asserts, without citing evidence, that “the trillion-dollar bailouts… were earmarked for black minority contractors. These bailouts were not only economically stupid, but the money was dolled [sic] out in a discriminatory way.” The Democrats’ health care reform initiative is, Klayman writes, “designed to provide health insurance mostly for the president’s black constituency.” He goes on to cite Obama’s defense of Harvard professor Henry Gates after Gates became involved in an altercation with a Boston police officer; Attorney General Eric Holder’s refusal to prosecute members of the New Black Panther movement who, Klayman claims, “illegally disrupted an election polling place in Philadelphia”; Obama’s supposed association with “black Muslim leaders” such as Louis Farrakhan; his relationship with his former pastor, the Reverend Jeremiah Wright; and his cancellation of the White House’s commemoration of the National Day of Prayer in favor of, Klayman claims, a White House feast for the Muslim Holy Day of Ramadan, which Klayman says “proves” Obama’s status as a closet Muslim. Klayman then accuses Obama of being anti-Semitic because of his supposed failure to support Israel. Hence, Klayman writes, “the majority of white Christians and Jews no longer see Obama as the president of ‘We the People’ but instead ‘his’ people.… President Obama has not united the races and religions, but instead divided and pitted them against each other. The level of hostility one sees ‘in the streets,’ with a reverse backlash against blacks and Muslims, is frightening and potentially explosive.” Because of these characteristics, Klayman writes, “the nation stands even more—particularly during a severe continuing economic depression—on the precipice of chaos, rebellion, and ultimately revolution.” Any violence launched by white Christians and other Obama opponents, Klayman concludes, will be the fault of Obama. [WorldNetDaily, 10/22/2010] Terry Krepel, the progressive founder of the watchdog organization ConWebWatch, writes: “Klayman is projecting. He’s the one who’s injecting race into things by insisting that Obama rules only ‘his people.’” [Terry Krepel, 10/23/2010]

Entity Tags: WorldNetDaily, Terry Krepel, New Black Panthers, Larry Klayman, Jeremiah A. Wright Jr, Louis Farrakhan, Henry Louis Gates, Barack Obama, Eric Holder, Obama administration

Timeline Tags: Domestic Propaganda

Fox News host Sean Hannity accuses President Obama of implementing “failed socialist policies.” Referring to a comment by conservative talk show host Rush Limbaugh, who said he wanted Obama’s presidency to fail (see January 16, 2009), Hannity says: “You know what, I don’t want his [Obama’s] policies to succeed. I want him out of—I want him to be a one term president because he’s doing so much damage with his failed socialist policies.” [Media Matters, 11/17/2010]

Entity Tags: Barack Obama, Rush Limbaugh, Sean Hannity, Fox News

Timeline Tags: Domestic Propaganda

Impelled by polls showing that Democrats may not do as badly as predicted in the upcoming November midterm elections, Republican political organizations pour vast amounts of money into tight Senate and House races in the final days, according to a Reuters analysis of data provided by the Wesleyan Media Project and from Democratic organizers. The controversial Citizens United Supreme Court decision (see January 21, 2010) has “opened the floodgates” for corporate money to be used in electioneering and advertising, much of that money going anonymously to political parties and operations (see September 13-16, 2010 and October 2010). Much of the money is targeting three Senate races in Colorado, Kentucky, and California. Republicans are confident that they will gain control of the House of Representatives, but must gain 10 seats to control the Senate, a prospect that is not as likely. Last-minute spending surges are common in elections, but experts say they have never seen so much spending in the last days of a race. Pollster Andrew Kohut of the Pew Research Center is not sure the last-minute surge of spending, almost all of which is going to advertising, will have a major effect. Most voters’ minds are made up by now, Kohut says. Data shows that organizations affiliated with Republicans have outspent their Democratic rivals by more than a 3-1 ratio. In Nevada, “independent” organizations are pouring money into attack ads against Senator Harry Reid (D-NV) and in support of challenger Sharron Angle (R-NV). Late campaign spending is fairly equal, according to the data, and the polls for that race are very tight. In Colorado, “tea party” favorite Ken Buck (R-CO) is losing ground to incumbent Michael Bennet (D-CO), and in response, Republican groups have funneled money into ads supporting Buck and attacking Bennet to create a 2-1 spending ratio in favor of Buck. A similar instance exists in Kentucky, where another tea party favorite, Rand Paul (R-KY), is losing ground to Jack Conway (D-KY), and Republican spending on Paul’s behalf has made for a 2-1 spending ratio in favor of Paul. In California, where popular Democrat Barbara Boxer (D-CA) once had a 2-1 spending advantage over her opponent Carly Fiorina (R-CA), pro-Fiorina groups have recently outspent pro-Boxer groups 5-1. In Pennsylvania, pro-Republican groups are heavily outspending Democrats, largely to support Republican favorite Pat Toomey (R-PA) over Joe Sestak (D-PA). In Delaware, Senate candidate Christine O’Donnell (R-DE), whose campaign has raised large amounts of money from out-of-state financiers, has not received the lavish funding that her Republican colleagues have gotten to defeat her opponent Chris Coons (D-DE). O’Donnell has received some $300,000 from right-wing and tea party groups. But Coons is receiving virtually no support from independent pro-Democratic groups, possibly because polls indicate he will win the election and does not need the last-minute funding support. The elections will be held on November 2. [Reuters, 10/27/2010] The results of the massive spending are mixed. The Republican winners include Paul and Toomey. The Republican losers include Angle, Buck, Fiorina and O’Donnell. [National Public Radio, 11/3/2010]

Entity Tags: Christine O’Donnell, Chris Coons, Wesleyan Media Project, Barbara Boxer, Andrew Kohut, Sharron Angle, Reuters, US House of Representatives, Carly Fiorina, Joe Sestak, Jack Conway, Harry Reid, Rand Paul, Pat Toomey, Ken Buck, Michael Bennet

Timeline Tags: Civil Liberties

In light of a flood of recent media advertisements attacking Democratic candidates paid for by corporate donations, and recent media stories revealing that the US Chamber of Commerce may be using foreign monies to pay for political attack ads against candidates it opposes (see October 2010), AFL-CIO president Richard Trumka says he now believes the country would have been better off if Congress had managed to pass the DISCLOSE Act, a bill that would have forced the disclosure of the identities of corporate and union donors for campaign purposes (see July 26-27, 2010). Trumka and his labor union organization did not support the DISCLOSE Act when it was up for consideration, and Democrats were unable to break a Republican filibuster of the bill in the Senate. “That’d be good for the system, I think,” Trumka tells reporters. “Because the system is awash—there’s more money in the system than there was oil in the Gulf, quite frankly. [Trumka is referring to the recent catastrophic spill of crude oil in the Gulf of Mexico by BP, a multinational oil corporation.] It’s from people that you don’t know. You eventually find out I guess, but it’s this mysterious money coming in and targeting at three, four, five times what either of the candidates are doing.” Trumka says that the union organization never opposed disclosure as an objective: “What we did was say if you’re going to do it, make sure it applies to everybody—that we were being totally disadvantaged while other people weren’t being disadvantaged.” However, three weeks ago, Trumka released a statement saying that the AFL-CIO “must reluctantly oppose [the DISCLOSE Act] because it would impose extraordinarily costly and impractical new record-keeping and reporting obligations on thousands of labor and other non-profit membership organizations with regard to routine inter-affiliate payments that bear little or no connection with public communications about federal elections.” AFL-CIO political director Karen Ackerman says: “What’s heartbreaking is there’s an imbalance here. So there’s not an equal playing field with the amount of money that corporate America has to protect their own interests, and protect their tax breaks, and protect their trade deals, and protect their profit-making… there are not comparable institutions or interests—moneyed-interests—on the side that represents working people.” [TPMDC, 10/12/2010]

Entity Tags: Karen Ackerman, AFL-CIO, DISCLOSE Act of 2010, US Chamber of Commerce, Richard Trumka

Timeline Tags: Civil Liberties

Protesters in Los Angeles demonstrate against Proposition 23 outside a Tesoro refinery in Wilmington, California.Protesters in Los Angeles demonstrate against Proposition 23 outside a Tesoro refinery in Wilmington, California. [Source: Los Angeles Times]The liberal news Web site AlterNet shows that a very small number of wealthy, influential donors are driving campaign efforts to pass Proposition 23, a California ballot initiative that would suspend state legislation designed to help reduce carbon emissions and hold polluters accountable. The legislation, AB 32, is already in effect, and requires California to decrease global warming emissions to 1990 levels by 2020, beginning in 2012. Prop 23, as it is called, would suspend AB 32 until the state’s unemployment rate drops below 5.5 percent for four consecutive quarters. Currently unemployment in California is around 12 percent. AlterNet provides data showing that AB 32 will actually create jobs developing “clean” technologies and energies, an industry sometimes called “green tech.” Venture capitalist Vinod Khosla recently said: “AB 32 created markets. Prop. 23 will kill the market and the single largest source of job growth in California in the last two years.” The funding for the advertising and other political activities pushing Prop 23 comes from two primary sources: Texas oil giant Valero Energy Corporation and Tesoro Corporation. Both companies have refineries in California that make them two of the state’s biggest polluters. The two oil companies are aided by large donations from the Koch brothers, who own oil conglomerate Koch Industries (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, May 6, 2006, April 15, 2009, May 29, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, and September 24, 2010). Valero has spent $5 million to bolster Prop 23 and Tesoro has spent $2 million. Flint Hill Resources, a Koch Industries subsidiary, has spent $1 million. Marathon Petroleum has spent $500,000, as has the conservative Adam Smith Foundation of Missouri. Occidental Petroleum has spent $300,000; Tower Energy Group, $200,000; CVR Energy, $150,000; and about $100,000 each has been spent by the Howard Jarvis Taxpayers Association, the National Petrochemical and Refiners Association, and World Oil Corporation. Of the $10.6 million raised so far to push Proposition 23, only 30 percent of it comes from inside California. In contrast, opponents to Proposition 23 have raised $30.6 million to defeat it, with 70 percent of that money coming from inside California. Jorge Madrid of Climate Progress recently warned: “If we allow Prop 23 to succeed, big oil refineries in the state could continue to spew greenhouse gases without strict regulation. Even worse, a victory for big oil in California could mean certain death for greenhouse gas regulation for the rest of the nation.” [AlterNet, 10/30/2010; Los Angeles Times, 11/2/2010] Prop 23 will lose by a 61-39 margin, with analysts noting that the anti-proposition forces gained ground by pointing out the support for the proposition coming primarily from Texas oil interests. Even many of California’s largest oil companies either stayed neutral or opposed the initiative. The anti-proposition forces were fueled primarily by financiers such as San Francisco hedge fund manager Tom Steyer, the National Wildlife Federation and the ClimateWorks Foundation, and green-tech moguls such as Khosla and John Doerr. Governor Arnold Schwarzenegger (R-CA) stumped in opposition to the initiative, attacking the “self-serving greed” of Valero and Tesoro. The Environmental Defense Fund’s Fred Krupp says of the defeat: “It is the largest public referendum in history on climate and clean energy policy. Almost 10 million Californians got a chance to vote and sent a clear message that they want a clean energy future. And this was in an economic downturn. There has never been anything this big. It is going to send a signal to other parts of the country and beyond.” [Los Angeles Times, 11/2/2010]

Entity Tags: Fred Krupp, David Koch, World Oil Corporation, Charles Koch, CVR Energy, Arnold Schwarzenegger, Valero Energy Corporation, Adam Smith Foundation, AlterNet (.org), Tower Energy Group, Vinod Khosla, Tesoro Corporation, Marathon Petroleum, National Petrochemical and Refiners Association, Koch Industries, Howard Jarvis Taxpayers Association, Jorge Madrid, National Wildlife Federation, Proposition 23 (California), ClimateWorks Foundation, Tom Steyer, Occidental Petroleum

Timeline Tags: Civil Liberties

In an interview with PBS’s Judy Woodruff, Haley Barbour, the chairman of the Republican Governors Association (RGA), falsely claims that Democrats are outspending Republicans in the midterm election campaigns. The elections are tomorrow, November 2. Barbour agrees with projections that Republicans will do very well in tomorrow’s elections, probably taking back control of the US House and perhaps the US Senate as well. Barbour predicts a stronger sweep than the 1994 elections, which put Republicans in control of both houses of Congress, motivated by Americans’ “anger and even fear” at what he calls “the lurch to the left given us by [Democratic House Speaker Nancy] Pelosi and [President Barack] Obama.” Barbour goes on to claim that one difference between 1994 and 2010 is that “this year, we got outspent pretty heavily. The labor unions saw this coming early, and they have poured money in to try to save Democrat seats. And it hasn’t been any secret to the news media or the Democratic incumbents that this was going to be a hard year for them because the president’s policies are unpopular.” Woodruff does not challenge Barbour’s claims. [PBS, 11/1/2010] In reality, Republican and Republican-supporting organizations have outspent Democrats and their supporters by a 3-1 ratio (see September 13-16, 2010, October 2010, and Around October 27, 2010). Data from the nonpartisan Center for Responsive Politics shows that while the Democratic Party does outspend the Republican Party in the 2010 elections, pro-GOP outside groups have vastly outspent labor unions and other organizations supporting Democrats. The four biggest outside groups spending money on the elections—the US Chamber of Commerce, the American Action Network (see Mid-October 2010), American Crossroads, and Crossroads GPS—all spend their money on behalf of Republicans. Together those four groups spend $99.6 million, far more than the $28.1 million spent on behalf of Democrats by the two largest labor unions. American Crossroads and Crossroads GPS intend to continue spending money to attack Obama and the Democrats even after the election. “It’s a bigger prize in 2012, and that’s changing the White House,” says American Crossroads chairman Robert Duncan. “We’ve planted the flag for permanence, and we believe that we will play a major role for 2012.” American Crossroads and other such groups, on both Republican and Democratic sides, intend to continue fundraising in the wake of the midterm elections and begin campaigning almost immediately for the 2012 presidential elections. Privately, some Democratic strategists say they are not sure how they will answer the challenge posed by Republican-supporting “independent” groups and the huge amounts of cash they raise from wealthy corporate donors. Obama’s senior political advisor David Axelrod says that special interests “have driven a huge truck filled with undisclosed cash through a legal loophole to try and buy this election… is it any surprise that this same, stealthy crowd will try to move on to the White House next? Whatever the outcome Tuesday, this issue is not going away.” [New York Times, 10/31/2010; Washington Independent, 11/1/2010; Think Progress, 11/2/2010]

Entity Tags: David Axelrod, American Crossroads, American Action Network, Center for Responsive Politics, US Chamber of Commerce, Robert Duncan, Democratic Party, Haley Barbour, American Crossroads GPS, Republican Party, Judy Woodruff

Timeline Tags: Civil Liberties

During a legislative hearing, Tennessee State Representative Curry Todd (R-TN) asks a health official if the state-funded Cover Kids health program, which helps pregnant women obtain prenatal and other child care, checks the immigration status of its patients before offering benefits. The official replies that under federal law the program officials cannot check the citizenship status of its patients seeking prenatal care because all children born in the US are automatically American citizens. Todd then warns that without status checks, immigrants will “go out there like rats and multiply.” No one else on the Fiscal Review Committee challenges his remarks. Todd later tells reporters that he was wrong to use that choice of words, and should have referred to “anchor babies” instead—the term used by some to accuse immigrants of having children in America for the sole purpose of using those children’s citizenship to stay in the country. Immigrant rights advocate Stephen Fotopulos says Todd’s remark is inexcusable. “This kind of dehumanizing rhetoric is all too common on some talk radio shows, where hate sells and there’s no accountability,” Fotopulos says. “But there’s absolutely no excuse for it to come out of the mouth of an elected official in Tennessee.” The progressive news Web site Think Progress calls the term “anchor babies” “unquestionably offensive.” [Associated Press, 11/11/2010; Think Progress, 11/11/2010]

Entity Tags: Think Progress (.org), Curry Todd, Stephen Fotopulos, Tennessee House Fiscal Review Committee

Timeline Tags: Domestic Propaganda

Katha Pollitt.Katha Pollitt. [Source: Katha Pollitt]Columnist Katha Pollitt, writing for the liberal magazine The Nation, believes that the newly elected Republican majority in the US House of Representatives will do its best to restrict abortions. Pollitt notes that when the newly elected Congress members take their seats in January 2011, there will be 53 additional anti-abortion voices in the House and five in the Senate. Some, like Senator-elect Rand Paul (R-KY) and Representatives-elect Mike Fitzpatrick (R-PA) and Tim Walberg (R-MI) oppose most methods of birth control, in vitro fertilization, and stem cell research, and join Senators-elect Marco Rubio (R-FL) and Pat Toomey (R-PA) in opposing abortions even in the cases of rape or incest. Toomey supports incarcerating doctors who perform abortions. Pollit writes, “Supporters of reproductive rights are looking at the most hostile Congress since abortion was legalized in 1973” (see January 22, 1973). Pollitt writes that in 2011, Republicans in Congress will try to:
bullet Reinstate the global gag rule, lifted by President Obama on his first day in office, which bars recipients of US foreign aid from so much as mentioning abortion in their work, and make it permanent.
bullet Pass the No Taxpayer Funding for Abortion Act, which will make the Hyde Amendment (see September 30, 1976) permanent and reinterpret it to forbid any government agency from funding any program which has anything to do with abortion. Pollitt writes: “For example, if your insurance plan covered abortion, you could not get an income tax deduction for your premiums or co-pays—nor could your employer take deductions for an employer-based plan that included abortion care. (This would mean that employers would choose plans without abortion coverage, in order to get the tax advantage.) The bill would also make permanent current bans like the one on abortion coverage in insurance for federal workers.”
bullet Pass the Title X Abortion Provider Prohibition Act, which would ban federal funds for any organization that performs abortions or funds organizations that do so. Pollitt says the aim of this legislation “is to defund Planned Parenthood, the nation’s largest network of clinics for family planning and women’s health, and in many regions the only provider within reach.”
bullet Beef up so-called conscience protections for health care personnel and hospitals.
bullet Ban Washington, DC, from using its own money to pay for abortions for poor women.
bullet Revisit health care reform to tighten provisions barring coverage for abortion care.
bullet Preserve the ban on abortions in military hospitals.
Pollitt says that the idea behind all of these legislative initiatives is not the banning of abortion, but the disallowing of taxpayer dollars to fund it. Planned Parenthood head Cecile Richards says: “This election was not about choice. The bottom line was jobs and the economy. But if you look at close races where the prochoice candidate won, and where women knew the difference between the candidates on reproductive rights, they voted prochoice and arguably made the difference.” Richards says that if Democrats want to successfully oppose Republicans on these and other legislative initiatives, they will need the active support of pro-choice women. [Nation, 11/10/2010]

Entity Tags: Katha Pollitt, Rand Paul, Marco Rubio, Mike Fitzpatrick, Cecile Richards, Barack Obama, Pat Toomey, Tim Walberg, Title X Abortion Provider Prohibition Act, US House of Representatives, Planned Parenthood, No Taxpayer Funding for Abortion Act

Timeline Tags: US Health Care

Saulius “Saul” Anuzis.Saulius “Saul” Anuzis. [Source: CBS Detroit]Former Michigan Republican Party Chairman Saulius “Saul” Anuzis (R-MI) announces his candidacy for the chairmanship of the Republican National Committee (RNC), in a bid to replace the controversial current chairman, Michael Steele (R-MD). Anuzis currently chairs the Save American Jobs Project. He was unsuccessful in his 2009 bid to take the RNC chairmanship. In an email, he promises to make “fundraising my number 1 priority as chairman,” and vows “NOT… to be the voice or the face of our party. Of course I will be happy to discuss politics and elections with the media, but I won’t be competing with valuable airtime from the men and women on our ticket. Instead, I will work with our elected leaders around the country to give them maximum exposure and guarantee a consistent message that leads us to victory.” He promises to run a “tight ship” financially, and to work on behalf of whichever candidate wins the 2012 presidential primary race. [Detroit Examiner, 11/12/2010; Saul Anuzis, 11/12/2010; Wall Street Journal, 11/12/2010] Anuzis is considered to be a frontrunner in what looks to become a race with numerous possible candidates, including Steele, who intends to remain as RNC chair. [Wall Street Journal, 11/12/2010] However, Anuzis does not emphasize his support for Kyle Bristow, described by the Southern Poverty Law Center (SPLC) as a “right-wing extremist.” Under Bristow’s leadership, his organization, the Michigan State University branch of Young Americans for Freedom, was dubbed a “hate group” in 2006 by the SPLC, in large part because of Bristow’s demonstrably racist statements and actions. Among his actions as head of the MSU-YPF: insisting that the university create a “Caucasian caucus” for student government and eliminate minority caucuses; stating that gay rights groups “are complicit with murder”; sponsoring a “Catch an Illegal Immigrant Day”; holidng a “Koran Desecration” competition; joking about giving out smallpox-infested blankets to Native American students; and bringing several racist speakers to campus, including a Holocaust denier from the radical British National Party. Many members left MSU-YAF because of Bristow’s extremism, with one former member calling Bristow’s organization a haven for “racists and fascists.” In 2007, Anuzis, then the Michigan Republican Party chairman, said of Bristow after MSU-YAF’s activities had caused an eruption of outrage throughout Michigan: “This is exactly the type of young kid we want out there. I’ve known Kyle for years and I can tell you I have never heard him say a racist or bigoted or sexist thing, ever.” In recent years, Anuzis has helped shepherd Bristow’s rise in the radical right. [Southern Poverty Law Center, 11/16/2010; Think Progress, 11/19/2010] Anuzis will lose to Reince Priebus, a Wisconsin Republican Party official, after seven ballots. [National Public Radio, 1/14/2011]

Entity Tags: Michael Steele, Young Americans for Freedom, Reince Priebus, Saulius (“Saul”) Anuzis, Republican Party, Southern Poverty Law Center, Kyle Bristow

Timeline Tags: 2012 Elections

A group of Democratic donors, shaken from the defeat the party suffered in the November midterm elections, meets in a Washington hotel to discuss how to counter the huge influx of corporate spending that helped defeat dozens of Democrats and give control of the US House of Representatives back to Republicans. Outside conservative groups such as the US Chamber of Commerce, the American Action Network (see Mid-October 2010), and American Crossroads/Crossroads GPS outspent Democratic groups by more than a two to one ratio. The donors are split on whether to try to emulate their opponents by raising as much money as possible from wealthy corporations and donors, or continuing down their traditional path of funding their campaign efforts via labor unions and organizations such as the Sierra Club. If they decide to pursue corporate cash, some argue, they will be viewed as hypocrites in light of Democrats’ almost-uniform opposition to the 2010 Citizens United decision, which “opened the floodgates” for unlimited corporate and labor donations (see January 21, 2010). One of the fundamental problems, Democrats note, is that while unions are allowed to contribute unlimited funds just as corporations do, unions, which traditionally support Democrats, are far less wealthy than their corporate counterparts. And despite record-breaking fundraising by the Obama presidential campaign in 2008, most corporations donate to Republicans. The donors are not expected to come up with simple answers as they begin to strategize for 2012, where Republicans are expected to raise and spend an unprecedented half-billion dollars trying to defeat President Obama. Moreover, the White House has sent decidedly mixed messages on the subject. During the 2008 race, the Obama campaign instructed an independent progressive “527” PAC, the Fund for America, to shut down its operations after it began releasing attack ads against Obama’s opponent, Senator John McCain (R-AZ). The Obama campaign did not want independent organizations conducting their own operations, but wanted full control of the campaign message. And campaign leaders said they wanted to win with small individual contributions from ordinary citizens, not with massive corporate donations. The White House’s opposition to such outside funding continued through 2010, and as a result, corporate donations to Democratic-supporting groups were far outstripped by Republican donations. Since then, Obama’s top political advisor David Axelrod has indicated the White House would support liberal donors’ independent efforts to counter Republican political donations, but many Democratic donors still believe the Obama administration is not fully behind those efforts. A Democratic strategist who refuses to be identified says: “By and large, the political people in the Obama firmament really have disdain for outside groups. They think they whine and snivel and make all these demands and don’t produce very much.” Some liberal donors and organizations are ignoring the resistance from the White House and making their own plans, such as David Brock, the founder of Media Matters for America (MMFA), who is considering forming his own 527 (see 2000 - 2005) for 2012. Another Democratic activist, Joan Fitz-Gerald of the umbrella group America Votes, says Democrats cannot depend on the courts or Congress to rein in corporate spending, noting that Congressional Democrats failed to get the DISCLOSE Act, a campaign finance reform measure, to the floor of the Senate for a vote (see July 26-27, 2010). Fitz-Gerald says Democrats must adapt to the new political landscape or risk another trouncing in 2012. However, she recommends working through existing progressive organizations more than using hastily formed PACs and 527s funded by one or two wealthy sources. Unions and environmental groups have large, citizen-based funding sources, whereas Republican organizations are often funded by a small group of wealthy donors who bankroll numerous such organizations. Those organizations, she says, lack credibility with voters. The traditional grassroots-based organizations, she says, “are trusted messengers, whether they’re a union that someone belongs to or a group that people have been a member of for many years. At some point the American people, as they see these ads pushing this right-wing agenda, they’re going to ask: ‘Who are these people? What’s the goal of American Crossroads?’” But the funding garnered by the right made the difference in the 2010 elections, Democratic donors agree. Mike Palamuso of the League of Conservation Voters recalls, “For every $500,000 we spent, it felt like American Crossroads spent another $5 million.” Many agree with Democratic political strategist Harold Ickes, who says: “Is small money better? You bet. But we’re in a f_cking fight. And if you’re in a fistfight, then you’re in a fistfight, and you use all legal means available.” [Mother Jones, 11/15/2010]

Entity Tags: David Brock, American Action Network, America Votes, American Crossroads, David Axelrod, US House of Representatives, Sierra Club, Harold Ickes, Joan Fitz-Gerald, US Chamber of Commerce, American Crossroads GPS, Mike Palamuso, Obama administration

Timeline Tags: Civil Liberties

Roger Ailes.Roger Ailes. [Source: All Access (.com)]Roger Ailes, the former Republican campaign guru who now heads Fox News, calls National Public Radio (NPR) officials “Nazis” for firing NPR and Fox News commentator Juan Williams; Williams recently made comments about Muslims that some, including NPR officials, took as racist. Of the NPR executives who fired Williams, Ailes says: “They are, of course, Nazis. They have a kind of Nazi attitude. They are the left wing of Nazism. These guys don’t want any other point of view. They don’t even feel guilty using tax dollars to spout their propaganda. They are basically Air America with government funding to keep them alive.” (Air America is the now-defunct radio network that featured liberals and progressive talk show hosts and commentators.) Ailes also says that Washington Post columnist Dana Milbank, who has castigated Fox News host Glenn Beck for his routine invocation of Nazis in discussing the Obama administration (see October 3, 2010), should be “beheaded” for his writings. (He then claims he is merely joking.) Interviewer Howard Kurtz calls Ailes’s evocation of Nazis “disproportionate to the situation.” NPR spokeswoman Anna Christopher says, “[W]e will let Mr. Ailes’s words speak for themselves.” [The Daily Beast, 11/17/2010] Ailes issues something of an apology, not to NPR or its executives, but to Abraham Foxman, the director of the Anti-Defamation League. Ailes explains, “I was of course ad-libbing and should not have chosen that word, but I was angry at the time because of NPR’s willingness to censor Juan Williams for not being liberal enough.” Ailes writes that he should have used the term “nasty, inflexible bigot” instead of “Nazi” to describe the NPR officials who fired Williams. Foxman says in a statement: “I welcome Roger Ailes’s apology, which is as sincere as it is heartfelt. Nazi comparisons of this nature are clearly inappropriate and offensive. While I wish Roger had never invoked that terminology, I appreciate his efforts to immediately reach out and to retract his words before they did any further harm.” [New York Times, 11/18/2010]

Entity Tags: Glenn Beck, Abraham Foxman, Anna Christopher, Fox News, Juan Williams, Roger Ailes, Howard Kurtz, Dana Milbank, National Public Radio

Timeline Tags: Domestic Propaganda

Bryan Fischer, the director of issue analysis for government and public policy at the American Family Association (AFA), accuses the Obama administration of planning to give the entire North American landmass to Native American tribes. Fischer is reacting to a recent announcement by President Obama that the US will sign a non-binding United Nations declaration on the rights of indigenous peoples, which has been endorsed by 145 countries. The declaration states that “indigenous peoples have the right to the lands, territories, and resources which they have traditionally owned, occupied, or otherwise used or acquired,” and nations “shall give legal recognition and protection to these lands, territories, and resources.” Fischer writes that Obama “wants Indian tribes to be our new overlords.” He continues, “Perhaps he figures that, as an adopted Crow Indian, he will be the new chief over this revived Indian empire.” [Raw Story, 12/22/2010]

Entity Tags: Barack Obama, American Family Association, United Nations, Bryan Fischer, Obama administration

Timeline Tags: Domestic Propaganda

Rick Santorum (R-PA), currently a longshot candidate for the Republican presidential nomination, says that President Obama should oppose abortion because he is black. Santorum, who opposes abortion rights, says: “Barack Obama says no, well if that human life is not a person then.… I find it almost remarkable for a black man to say ‘now we are going to decide who are people and who are not people.’” Buzzfeed’s Andrew Kaczynski later writes of Santorum: “He’s expressing a relatively common view in anti-abortion circles: That the higher rate of abortions among African-Americans means that black Americans should be particularly hostile to the practice. It’s not an argument that’s had much traction, however, with black voters, and Santorum may not be the ideal messenger for it.” [Buzzfeed, 1/1/2012; Huffington Post, 1/1/2012] NewsOne later comments: “What Santorum implies, as have anti-abortion billboards posted in inner cities (see February 2010), is that African-Americans such as Obama should oppose abortion because they were once considered three-fifths of a person by law and not completely human. And in saying this, Santorum succeeds in belittling women’s reproductive rights and the civil rights movement.” [NewsOne, 1/2/2012]

Entity Tags: Rick Santorum, Andrew Kaczynski, Barack Obama, NewsOne

Timeline Tags: US Health Care, Domestic Propaganda, 2012 Elections

Tim Phillips (L) and David Koch, together at an Americans for Prosperity event.Tim Phillips (L) and David Koch, together at an Americans for Prosperity event. [Source: Americans for Prosperity]Oil billionaire and conservative activist David Koch (see 1977-Present, 1979-1980, 1997, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, November 2009, December 6, 2009, April 2010 and After, July 3-4, 2010, June 26-28, 2010, August 28, 2010, August 30, 2010, and September 24, 2010) attends the 112th Congress’s swearing-in ceremony, accompanied by Tim Phillips, the head of the Koch-financed Americans for Prosperity (AFP—see May 29, 2009) and a number of current and former Koch Industries lobbyists, including Nancy Pfotenhauer. The event marks the ascendance of Republicans to the majority of the House, and the selection of John Boehner (R-OH) as speaker of the House. After the ceremony, Koch asks Frank Guinta (R-NH), a freshman Republican and “tea party” member elected in part by lavish AFP spending on his behalf, if he will attend a party that Koch is throwing for Republican Congressional members. Guinta affirms that he will attend. Lee Fang, a reporter for Think Progress who observes the Koch-Guinta conversation, speaks to Koch after the two conclude their discussion. Fang identifies himself as a Think Progress reporter and asks Koch what he expects from the Boehner-led Congress; Koch replies, “Well, cut the hell out of spending, balance the budget, reduce regulations, and, uh, support business.” Phillips immediately intervenes, identifying Fang to Koch as “a good blogger on the left, we’re glad to have him—” but Fang continues interviewing Koch. During the relatively brief interview, Phillips repeatedly attempts to push Fang’s cameraman Scott Keyes away from Koch, and shouts into Keyes’s camera, in an apparent attempt to disrupt the interview. However, Koch is cooperative with being interviewed. Koch is apparently proud of the work being done by AFP and says, “We’re going to do more too in the next couple of years.” Fang asks Koch if he is proud of the tea party movement, and Koch replies: “Yeah. There are some extremists there, but the rank and file are just normal people like us. And I admire them. It’s probably the best grassroots uprising since 1776 in my opinion.” Koch is hesitant to answer questions about “climate change,” agreeing only that “[c]limate does fluctuate,” but refusing to answer questions about the effect of carbon pollution on the climate. Instead, he says that any attempts to regulate carbon emissions will “really damage the economy.” Fang concludes by asking about the Citizens United decision that allows unlimited corporate spending on elections (see January 21, 2010). According to Fang, Koch looks uncomfortable discussing the subject and is quite reticent. Koch refuses to answer when Fang asks him about a recent meeting he sponsored with former Fox News talk show host Glenn Beck “and several other conservatives” (see June 26-28, 2010). While Phillips continues to interrupt and chide Fang for asking about the Citizens United decision, Koch refuses to answer Fang’s question, “Could you tell the public what you discussed at that meeting?” [Think Progress, 1/5/2011; Think Progress, 1/6/2011; Think Progress, 1/7/2011; Think Progress, 1/10/2011]

Entity Tags: Koch Industries, David Koch, Americans for Prosperity, Frank Guinta, John Boehner, Scott Keyes, Glenn Beck, Tim Phillips, Nancy Pfotenhauer, Lee Fang

Timeline Tags: Civil Liberties

Republican presidential contender Rick Santorum (R-PA) blasts the Obama administration in what reporters term an attempt to establish himself as the Republican Party’s most conservative candidate. Speaking at the annual Strafford County Lincoln-Reagan dinner, Santorum claims that Democrats such as Barack Obama have “addicted” the nation’s poor on government “entitlements” instead of allowing them to work for a living, saying: “Close your eyes, like you’re listening to a drug dealer outside a school yard. They see entitlements as a way to make you dependent, weaker, less of a person than you are, drugging you into submission to a government who promises a high to take care of you.” Santorum also lashes out at the nation’s public schools, saying: “Just call them what they are. Public schools? That’s a nice way of putting it. These are government-run schools.” Santorum objects to Democratic attempts to increase funding for the nation’s Head Start program, calling it ineffective and a tool of Democrats to establish control over young people. He says: “They fund it more. Why? Because it brings more children into their domain. It brings more children out of the household.… Their agenda is to socialize your children with the thinking they want in those children’s minds.” Santorum home-schools his seven children; however, between 2001 and 2004, he enrolled them in Pennsylvania’s Cyber Charter School, a publicly-funded school, while he and his family lived in Virginia, and failed to pay over $100,000 in tuition fees and charges that the state and the local district were forced to absorb. Santorum now says he supports a government-funded voucher program that would allow parents to send their children to a school of their choice, or to have the government pay them to teach their children at home. “I would support anything that gets the money in who should be in control—or who should be the object—of the education system in this country,” he tells the assemblage. “And that is not the children but the parents. Because parents have the obligation to raise and educate their children.” [Politico, 3/11/2011; Mother Jones, 1/4/2012; CBS News, 2/15/2012]

Entity Tags: Obama administration, Barack Obama, Cyber Charter School (PA), Head Start Program, Rick Santorum

Timeline Tags: Domestic Propaganda

Paul LePage.Paul LePage. [Source: Portland Press-Herald]Maine Governor Paul LePage (R-ME) says that the NAACP can “kiss my butt” after explaining why he is refusing to attend any events honoring the late Dr. Martin Luther King Jr. on King’s national holiday. LePage tells a local reporter that he considers the NAACP a “special interest” group, and adds: “End of story. And I’m not going to be held hostage by special interests. And if they want, they can look at my family picture. My son happens to be black, so they can do whatever they’d like about it.” Asked if his absence is an indication of a pattern rather than an isolated incident, LePage responds: “Tell ‘em to kiss my butt. If they want to play the race card, come to dinner and my son will talk to them.” LePage, a tea party-backed candidate who was sworn into office last week, has an adopted son of Jamaican heritage. Maine NAACP director Rachel Talbot Ross responds: “I don’t care who he’s got in his family. And he’s saying we’re playing the race card? The makeup of his family isn’t the issue and it never was the issue. For him to say we’re playing the race card shows a real lack of awareness of the very important issues we’re working to address. Our kids deserve better. Maine deserves better. His son deserves better.” Ross goes on to call LePage’s comments “ignorant,” and adds, “We don’t want to misinterpret his intention, but the message we’re getting is that we’re not welcome and we’re not part of the Maine he’s preparing to lead for the next four years.” Ralph Carmona, spokesman for the League of United Latin American Citizens, says LePage’s comments today put him in mind of his fall campaign promise to tell President Obama to “go to hell.” Carmona says: “The governor’s comments are creating, have the potential to create, a real racial dilemma for all Mainers. It is astonishing and troubling he would use this kind of rhetoric.” LePage later adds that he has prior personal and professional commitments that prevent him from attending events in honor of King. NAACP leaders say LePage has previously turned down a number of invitations from the group in recent months. LePage spokesman Dan Demeritt later sends out a statement denying the issue has anything to do with race, and notes that while mayor of Waterville, LePage attended several Martin Luther King Day breakfasts. Demerrit says: “This is not about race. Paul has a black son. This is about a special interest group taking issue with the governor for not making time for them and the governor dismissing their complaints in the direct manner people have come to expect from Paul LePage.” Demerrit calls LePage “very free spoken.” [Portland Press-Herald, 1/14/2011; Think Progress, 1/14/2011; Kennebec Journal, 1/14/2011] Maine’s Congressional delegation, whose members are all either attending the MLK Day events in person or sending representatives, declines to comment on LePage’s remarks. NAACP president Benjamin Jealous calls LePage’s comments “inflammatory,” and issues a statement reading in part: “Gov. LePage’s decision to inflame racial tension on the eve of the King holiday denigrates his office. His words are a reminder of the worst aspects of Maine’s history and out of touch with our nation’s deep yearning for increased civility and racial healing.” [Waterville Morning Sentinel, 1/15/2011] Washington Post columnist Jonathan Capehart, an African-American, says of LePage’s comments: “Wow. Uncivil. Uncouth. Appalling. Reducing the NAACP and its venerable history of fighting for civil rights to ‘special interests’ is pure ideological laziness in the extreme.” He continues: “Just because LePage has a black son (by adoption) doesn’t mean no one can or should question his racial sensitivities.… Despite LePage’s offensive posterior invitation, I urge the Portland, Maine, branch of the NAACP to keep inviting the rude governor to events. Blacks are only 1.2 percent of the state’s population. But sooner or later, LePage will have to learn that he can’t talk to citizens of his state like that.” [Washington Post, 1/14/2011] In previous years, Maine’s governor has alternated between breakfasts honoring King in Portland and Bangor. This year’s breakfast is being held in Portland. LePage has been issuing rejections to attend the King breakfast since December 2010. He intends to release a pre-recorded radio address honoring King’s legacy. Bob Talbot, a 70-year-old executive board member of the Greater Bangor Area NAACP, says he cannot remember when a Maine governor did not attend one of the breakfasts, with the sole exception of former Governor John Baldacci (D-ME), who attended President Obama’s inauguration in 2009 instead of attending one of the breakfasts. “Governor LePage keeps saying he represents all Mainers,” Talbot says. “Well, I’m an eighth-generation Mainer. I think he needs to reconsider what it means to be a Mainer. He needs to understand that we’re all Mainers, not just a certain few or a certain political party.” [Kennebec Journal, 1/14/2011]

Entity Tags: Barack Obama, Benjamin Jealous, Bob Talbot, Jonathan Capehart, Dan Demeritt, Ralph Carmona, National Association for the Advancement of Colored People, Paul LePage, Rachel Talbot Ross, John Baldacci

Timeline Tags: Domestic Propaganda, 2010 Elections

Ahmed Khalfan Ghailani at arraignment in New York, June 9th, 2009.Ahmed Khalfan Ghailani at arraignment in New York, June 9th, 2009. [Source: Reuters / Christine Cornell]Ahmed Khalfan Ghailani is sentenced to life in prison for his role in the 1998 bombings of two US embassies in Africa (see 10:35-10:39 a.m., August 7, 1998). US District Judge Lewis Kaplan imposes the maximum sentence. In November 2010, Ghailani was convicted of conspiracy to destroy buildings or property of the United States. The verdict included a special finding that his conduct caused at least one death. But this was only one of the 285 charges against him, and he was acquitted of 273 counts of murder or attempted murder. Ghailani was captured in Pakistan in 2004 (see July 25-29, 2004), kept in the CIA’s secret prison system, and then was held in the US prison in Guantanamo, Cuba, starting in late 2006 (see September 2-3, 2006). He was transferred to the mainland of the US in 2009. He was the first former Guantanamo prison to be tried in a US civilian court, and his trial has been widely seen as a test case on whether other prisoners held outside the US legal system should be tried in US courts. Critics argue that Ghailani’s verdict shows the other prisoners still in Guantanamo should be tried in military tribunals there. But others point to the verdict as an example of the fairness of the US justice system. Prosecutors had been seeking life in prison for Ghailani, and that is the sentence he ultimately receives, even though he is only convicted of one count. His defense lawyers didn’t try to argue that Ghailani had no role in the embassy bombings, but instead argued that he was duped by other people and didn’t really know what he was doing. [Christian Science Monitor, 1/25/2011]

Entity Tags: Ahmed Khalfan Ghailani

Timeline Tags: Complete 911 Timeline

House Republicans rush a bill to the floor for a vote to eliminate all public funding of the presidential election. The bill, if passed by the Senate and signed into law by President Obama, would eliminate one of the few remaining public funding methodologies for federal elections, and, critics say, give wealthy corporate and individual donors even more influence over elections. Public financing of presidential elections was made law by the 1971 Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) and upheld by the Supreme Court (see January 30, 1976). The bill comes to a vote almost exactly a year after the Supreme Court allowed corporations and labor unions to make unlimited donations to political organizations (see January 21, 2010). The bill, HR 359, was sponsored by Representative Tom Cole (R-OK) in June 2009 and cosponsored by 17 other House members, all Republicans. It would eliminate the Presidential Election Campaign Fund and the Presidential Primary Matching Payment Account. The Republican House leadership did not hold hearings on the bill, nor allow it to be debated in committee. Representative Chris Van Hollen (D-MD) calls the bill “a sneak attack on the system,” and notes that the Republicans had pledged to observe “transparency and openness,” but instead are pushing through such a transformative bill without allowing debate. The bill passes the House on a 239-160 vote, with the Republican majority overriding the Democratic minority. Ten Democrats vote for the bill and one Republican votes against it. Senate Minority Leader Mitch McConnell (R-KY) has already introduced his version of the bill in the Senate, though Senate Democrats say the bill has no chance of passing; Senate Majority Leader Harry Reid says through a spokesperson that the bill will never be brought up for a vote. [Mother Jones, 1/24/2011; Raw Story, 1/25/2011; CNN, 1/26/2011; National Public Radio, 1/27/2011; Bloomberg, 1/27/2011]
Repair or Eliminate? - Presidential candidates who accept public funding must agree not to accept private donations in the fall campaign. Every presidential candidate from 1976 to 2008 has accepted public funding. In 2000, George W. Bush (R-TX) did not take public financing for his primary campaign, and in subsequent years no presidential nominee has taken such funding. In 2008, Barack Obama (D-IL) declined to take public financing for his general election, the first presidential nominee to do so. Republicans claim the elimination of the public funding program would save the government between $520 and $617 million over the next 10 years. Meredith McGehee, policy director at the Campaign Legal Center, says the public financing system needs to be updated. It was created in 1976, she notes, and does not reflect the needs of 21st-century candidates. Lawmakers from both parties have attempted, without success to introduce legislation to update the system. McConnell says that Americans do not believe in the PECF, citing declining public participation. The program is funded by a $3 check-off on individual tax returns; in 1980, almost 29 percent of tax returns carried the check-off, while in 2007 only 8.3 percent of tax returns checked off the donation. “In a time of exploding deficits and record debt, the last thing the American people want right now is to provide what amounts to welfare for politicians,” McConnell says. House Democrats have introduced legislation that would modify and update the PECF instead of end it. One of that legislation’s sponsors, David Price (D-NC), says, “Dare we forget what Watergate was all about?” (Price is referring to the post-Watergate origins of the PECF.) “President Nixon’s Committee to Re-Elect the President, fueled by huge quantities of corporate cash, paid for criminal acts and otherwise subverted the American electoral system. Let’s not return to the darkest days of our democracy.” [Mother Jones, 1/24/2011; CNN, 1/26/2011; National Public Radio, 1/27/2011; Bloomberg, 1/27/2011]
Obama Administration Opposes Bill - The Obama administration strongly opposes the bill, saying that the public financing system should be improved rather than eliminated. In a statement, the White House says: “The presidential election public financing system was enacted in the aftermath of the Watergate scandal to free the nation’s elections from the influence of corporations and other wealthy special interests. Rather than candidates having to rely on raising large sums of private money in order to run, the system provides qualifying presidential candidates with the option of accepting matching funds in the primary and a public grant in the general election.… H.R. 359 would kill the system, not strengthen it. Its effect would be to expand the power of corporations and special interests in the nation’s elections; to force many candidates into an endless cycle of fundraising at the expense of engagement with voters on the issues; and to place a premium on access to large donor or special interest support, narrowing the field of otherwise worthy candidates.” [Raw Story, 1/25/2011]
Divided Response from Lawmakers - Representative Eric Cantor (R-VA) says after the bill passes that voting it into effect “should be a no-brainer.” House Minority Leader Nancy Pelosi (D-CA) says that Congress “should come together to ensure that the American people are heard, that they are heard and that they are not drowned out by special interest dollars.” Republicans such as Aaron Schock (R-IL) call Democrats and the Obama administration “hypocrites” because in 2008, Obama turned down public financing. Schock says, “It was President Obama who killed it and made a mockery of public financing of president campaigns with his arrogant pressing of self advantage.” David Price (D-NC) makes an angry rejoinder, saying: “Talk about having it both ways. [Schock] comes onto this floor to condemn President Obama for opting out of the system, and then he proposes to abolish the system so that everybody has to opt out.” Cole also condemns Obama for not taking public financing in 2008, and says he believes public financing of elections should be illegal, but goes on to say that he supports Republicans who take public financing because it is a legal option. Lynn Woolsey (D-CA) says: “Special interest money is having a corrosive effect on our democracy, eating away at the people’s confidence in their government and their elected representatives. The one beacon of light in this system is the public financing of presidential campaigns. It is, I would remind everyone, a voluntary system.” “This is an attempt to finish the job that the Supreme Court started with the Citizens United decision,” says Senator Charles Schumer (D-NY). Schumer chairs the Senate Rules Committee, which has jurisdiction over campaign finance legislation. “It would bust one of the last dams protecting our election system from an uncontrolled flood of special-interest money.” [CNN, 1/26/2011; National Public Radio, 1/27/2011; Bloomberg, 1/27/2011]
Campaign Finance Reform Advocates Critical of Bill - David Arkush of the citizens advocacy group Public Citizen says in a statement, “A vote for HR 359 is a great way to tell the American people that you want to give corporations more power over our government rather than make democracy work for ordinary Americans.” Craig Holman of Public Citizen says of the bill: “Make no mistake about it: The Republican leadership’s legislation to eliminate public financing is an attack not just on the presidential public financing system, but also an attack on congressional public financing proposals. To ensure that the public’s voice can be heard against the corporate onslaught, we need to expand public financing of elections, not kill it.” Campaign finance reform advocate Fred Wertheimer of Democracy 21 calls the bill “a gross abuse of the legislative process.” [Mother Jones, 1/24/2011; Raw Story, 1/25/2011] The nonpartisan Public Finance Action Fund, which advocates for public financing of state and federal elections, says in a statement: “These efforts are not about saving taxpayer money, they are about giving corporate donors even more access than they enjoy today. We hope these measures don’t advance any further.” [CNN, 1/26/2011]
Bill Dies in Senate - The bill will, as expected, not pass the Senate, which is under Democratic control. A similar bill will be introduced in December 2011 (see December 1, 2011), again pass the House, and die in the Senate. [Real Clear Politics, 12/1/2011]

Entity Tags: David E. Price, US Senate, US House of Representatives, Craig Holman, Aaron Schock, Barack Obama, Chris Van Hollen, David Arkush, Charles Schumer, Thomas Jeffery Cole, Public Finance Action Fund, US Supreme Court, Presidential Election Campaign Fund, Presidential Primary Matching Payment Account, Federal Election Campaign Act of 1972, Eric Cantor, Fred Wertheimer, George W. Bush, Harry Reid, Mitch McConnell, Lynn Woolsey, Obama administration, Meredith McGehee, Nancy Pelosi

Timeline Tags: Civil Liberties

The progressive magazine Mother Jones reports on Congressional Democrats’ plans to curb the effects of the Supreme Court’s Citizen United decision, which allows unlimited contributions to campaign organizations by corporate and union donors (see January 21, 2010). Last year, Senate Republicans refused to allow a campaign finance reform bill, the DISCLOSE Act, to come to the floor for a vote (see July 26-27, 2010). Now Democratic leaders say they are considering filing challenges to the nonprofit tax statuses of many of the groups that were so influential in the 2010 elections. Representative Chris Van Hollen (D-MD) tells a Mother Jones reporter about the plan. According to Van Hollen, two of the groups they plan to target are Karl Rove’s Crossroads GPS and the American Action Network (AAN—see Mid-October 2010), headed by former Senator Norm Coleman (R-MN). Together, the two groups spent over $43 million supporting conservative candidates and targeting Democrats, accounting for some 23 percent of all outside conservative spending between them. According to Van Hollen, “People are looking at different legal strategies through the courts because there’s emerging evidence that these groups have abused the rules.” Representative David Price (D-NC) agrees. “I think there are ample goals for challenging the way those groups have acted,” he says. Crossroads GPS spokesperson Jonathan Collegio says in return, “Van Hollen is irresponsibly making claims on zero evidence whatsoever and this is extremely irresponsible for an elected official holding high office.” No one from AAN is willing to respond to the Mother Jones reporting. Both Crossroads GPS and AAN, like many other such groups, are organized under the IRS’s 501(c)4 tax status—tax-exempt, not-for-profit groups whose purpose under the IRS code is “primarily to further the common good and general welfare of the people of the community” (see 2000 - 2005). The law allows such groups to engage in political advocacy, such as running ads for or against candidates, but such “electioneering” activities must not be those groups’ “primary activity.” As far as is known, Crossroads GPS and AAN have no other purpose except electioneering. 501(c) groups do not have to register as political action committees (PACs) and are allowed to conduct their business with very little outside scrutiny. However, if the Federal Election Commission or the IRS determine a group has violated the rules, that group would be forced to register as a PAC and disclose the sources of its funding. If the Democrats challenge the status of these groups, they would be following in the footsteps of private organizations. A coalition of public advocacy groups has filed complaints against Crossroads GPS and another 501(c)4 group, American Future Fund (AFF—see October 12, 2010), claiming that their primary functions are, according to the Crossroads GPS complaint, to “influence the 2010 federal elections and to elect Republicans to office.” The complaints are still pending. In September 2010, Senator Max Baucus (D-MT) asked the IRS to examine several 501(c) groups to “ensure that political campaign activity” wasn’t their primary activity (see September 28, 2010). [Mother Jones, 1/28/2011]

Entity Tags: David E. Price, American Crossroads GPS, American Action Network, American Future Fund, DISCLOSE Act of 2010, Max Baucus, Norm Coleman, Jonathan Collegio, Karl C. Rove, Chris Van Hollen, Mother Jones, US Congress

Timeline Tags: Civil Liberties

The media reports that Virginia “Ginni” Thomas, a former Republican campaign operative and the former head of a tea party organization, has become the head of a lobbying and political consulting firm, Liberty Consulting. The firm boasts that Thomas’s “experience and connections” will assist clients with “governmental affairs efforts” and political donation strategies. Critics say Thomas is in the midst of an enormous conflict of interest, because her husband, Clarence Thomas, is a Supreme Court justice. She left the tea party group in November 2009 because of questions that her leadership of the group, Liberty Central, which actively worked to defeat Democrats, was not appropriate for the wife of a sitting Court justice. Thomas has met with almost half of the 99 Republican freshmen in the House and Senate, according to an email she sent out to congressional chiefs of staff last week in which she called herself “a self-appointed ambassador to the freshmen class and an ambassador to the tea party movement.” Ann Pearson of the government watchdog organization Common Cause says that Thomas’s position at a lobbying and consulting firm “show[s] a new level of arrogance of just not caring that the Court is being politicized and how that undermines the historic image of the Supreme Court as being above the political fray.… It raises additional questions about whether Justice Thomas can be unbiased and appear to be unbiased in cases dealing with the repeal of the health care reform law or corporate political spending when his wife is working to elect members of the tea party and also advocating for their policies.” Some Republican lawmakers are uncomfortable with Thomas’s new position, with one senior House Republican aide criticizing Thomas for attempting to “cash in” on her ties to the tea party movement. Republican House freshman David Schweikert (R-AZ), who won his election in part because of support from tea party groups and was endorsed by Liberty Central, says he has not met Thomas and knows nothing of her background. “This is the spouse of Justice Thomas?” he says when asked about the situation by a reporter. “No, I’ve never met her. It’s not something I’ve heard about. And I hang out with a lot of freshman.” So far, only one Republican freshman will publicly admit to scheduling a meeting with Thomas. Thomas used to be an aide to former House Majority Leader Dick Armey (R-TX), who until recently headed the tea party financing organization FreedomWorks (see August 14, 2009). She has also worked as a staffer at the US Chamber of Commerce, a trade organization that contributes heavily to Republican causes (see January 21-22, 2010), and at the conservative Heritage Foundation. In 2009 she founded Liberty Central, which she described as a group that would bridge the gap between the conservative Republican establishment and the anti-government tea party movement. She eventually stepped down after questions were raised about her position’s impact on her husband’s appearance of impartiality, and the group was merged into another tea party organization (see November 2009 - November 2010). She filed incorporation papers for Liberty Consulting within a day of news reports about her departure from Liberty Central. She has told conservative news source Daily Caller that she intends to continue working for the group that bought Liberty Central, the Patrick Henry Center for Individual Liberty, and will “help them in any way I can think of, whether it’s lobbying on the Hill or connecting with the grass roots, or helping speak or write or fundraise.” However, lobbying records show no registration for Thomas, Liberty Consulting, Liberty Central, or the Patrick Henry Center. Liberty Central general counsel Sarah Field refuses to answer questions about whether Thomas is being paid through Liberty Consulting as a consultant. A source familiar with the Thomases and with Capitol Hill Republicans says her sojourn from Liberty Central to Liberty Consulting has damaged her reputation among some conservatives. “Ginni’s reputation around town is now even more of a fake entitled woman who is only here because of her husband,” the source tells a reporter. “Now she has opened her own lobbying shop… not sure how [the] conservative circle will feel when they find that out, or if they’ll care or not.” [Politico, 2/4/2011]
Previous Conflicts of Interest - Virginia Thomas has weathered criticisms of conflict of interest before. In late 2000, as a Heritage Foundation staffer, she was helping select key members for the Bush administration even as her husband was engaged in deliberating the Bush v. Gore Court decision that installed George W. Bush as president (see 9:54 p.m. December 12, 2000). At the time she waved off criticisms, saying that she and her husband conducted “separate professional lives.” [Los Angeles Times, 3/14/2010]
'Cloud of Corruption' Surrounding Justice Thomas? - Legal analyst Ian Millhiser of the liberal news Web site Think Progress is far more blunt in his assessment than some more cautious critics, writing: “Now, Ginni Thomas appears to have found a way to earn money off her husband’s actions as a justice. Clarence Thomas released countless amounts of corporate spending on US elections [by voting with the majority in Citizens United], and Ginni Thomas can get rich advising those corporate clients on how to direct that spending. To be sure, it is possible that Ginni is somehow limiting her advice to ‘political investments’ that were legal before Clarence gave businesses like hers so many new potential customers. But if this is the case, Ginni has an obligation to explain just how she is limiting her advice—it’s the only way to remove the obvious cloud of corruption her actions have created around her husband.” [Think Progress, 2/4/2011]

Entity Tags: Heritage Foundation, David Schweikert, Clarence Thomas, Ann Pearson, Dick Armey, George W. Bush, Sarah E. Field, FreedomWorks, Patrick Henry Center for Individual Liberty, Virginia (“Ginni”) Thomas, Liberty Consulting, Ian Millhiser, Liberty Central, US Chamber of Commerce

Timeline Tags: Civil Liberties

New York Times legal correspondent Adam Liptak observes what he calls a large weakness in the position that the Supreme Court should not have granted First Amendment rights to corporations in its 2010 Citizens United decision (see January 21, 2010). Liptak notes that Justice Anthony Kennedy cited more than 20 precedents affirming his argument that corporations are people under the First Amendment’s free-speech provision, and Justice John Paul Stevens recognized that body of precedents in his dissent. Liptak notes that regardless of the precedent, the provision still can be wrong. But, he notes, the weakness in the argument centers around the status of the news media as an amalgamation of “corporate persons,” writing, “If corporations have no First Amendment rights, what about newspapers and other news organizations, almost all of which are organized as corporations?” There is a general acceptance that “the press is different,” he notes, writing: “The First Amendment, after all, protects ‘the freedom of speech, or of the press.’ Since ‘the press’ is singled out for protection, the argument goes, media corporations enjoy First Amendment rights while other corporations do not.” Liptak calls this a weak argument. There is little evidence to show that the Founders intended “to single out a set of businesses for special protection” under the First Amendment, nor is there a lot of support for the Court’s current stance that the institutional press has rights that other speakers, specifically corporations, do not have. Moreover, he asks, who exactly is the press? Is it a corporate media firm or a person with a Twitter account? In initial arguments in the Citizens United case (see June 29, 2009), government lawyer Malcolm L. Stewart argued that Congress has the power to regulate “corporate speech” about political candidates, even going so far as to prohibit the publication of a book in the weeks before an election, an argument that did not sit well with most of the justices. (Liptak notes that in the second set of arguments, “[t]he government backed away from that position at the second argument, but not very far—see September 9, 2009). Stewart could have gone further in claiming “that media corporations, the institutional press, would have a greater First Amendment right,” as he said in his first argument, though he did not use that as his primary argument. Stevens seemed supportive of that argument in his dissent. Justice Antonin Scalia, in his concurrence, did not, writing: “It is passing strange to interpret the phrase ‘the freedom of speech, or of the press’ to mean, not everyone’s right to speak or publish, but rather everyone’s right to speak or the institutional press’s right to publish. No one thought that is what it meant.” Former Times columnist and Court reporter Anthony Lewis reached a similar conclusion in 2008, writing, “The amendment surely meant to cover both oral and written expression [rather than] a specially protected institution.” In the majority opinion, Kennedy wrote, “There is no precedent supporting laws that attempt to distinguish between corporations which are deemed to be exempt as media corporations and those which are not.” Law professor Eugene Volokh agreed, writing, “If ordinary business corporations lack First Amendment rights, so do those business corporations that we call media corporations.” Law professor Richard Hasen acknowledges that the correct treatment of media corporations in the issue of free speech and campaign finance is “among the most difficult questions for supporters of reasonable campaign finance reform.” Liptak concludes: “There are good arguments both ways about whether corporations ought to be covered by the First Amendment. But it is harder to say that some corporations have First Amendment rights and others do not.” [New York Times, 2/7/2011]

Entity Tags: John Paul Stevens, Anthony Kennedy, Adam Liptak, Anthony Lewis, Eugene Volokh, Malcolm Stewart, US Supreme Court, Antonin Scalia, New York Times, Richard L. Hasen

Timeline Tags: Civil Liberties

An image from a ‘Team Themis’ proposal given to the US Chamber of Commerce in late 2010.An image from a ‘Team Themis’ proposal given to the US Chamber of Commerce in late 2010. [Source: Docstoc (.com)]The liberal news Web site Think Progress, an affiliate of the Center for American Progress, reports that it has discovered evidence of a potentially illegal scheme to entrap and destabilize political organizations, including Think Progress, that support President Obama and other Democrats. The scheme, in development since November 2010 at least, centers around the US Chamber of Commerce (USCOC), a large trade organization that makes large secret donations to Republican candidates and organizations (see January 21-22, 2010 and October 2010), and a law firm, Hunton and Williams, hired by the USCOC. According to emails secured by Think Progress, Hunton and Williams is working with a set of private security firms—HBGary Federal, Palantir, and Berico Technologies (collectively called “Team Themis”)—to develop tactics to damage progressive groups and labor unions. Some of the organizations and unions targeted include Think Progress, a labor coalition called Change to Win, the Service Employees International Union (SEIU), US Chamber Watch, and StopTheChamber.com. The last two are small organizations dedicated to exposing some of the secretive practices of the USCOC. One project proposed by Team Themis is an entrapment scheme. The proposal called for the creation of a “false document, perhaps highlighting periodical financial information,” to give to a progressive group opposing the USCOC, and then exposing the document as a fraud, thus undermining the credibility of the organization. Another proposal involved using potentially illegal computer-hacking techniques to create what the group calls a “fake insider persona” to “generate communications” with Change to Win and to undermine the credibility of US Chamber Watch. The proposal actually advocates the creation of two such personas, one to be used “as leverage to discredit the other while confirming the identity of the second.” Together, “Team Themis” asked for $200,000 for initial background research and another $2 million for an active disinformation campaign. It is unclear from the emails whether any of the proposals were accepted, and if the disinformation campaign was ever launched. Think Progress was recently provided with the emails by members of “Anonymous,” an online “hacktivist” community responsible for attacking the Web sites of oppressive regimes in Tunisia and Egypt, along with American corporations that have censored the online information repository WikiLeaks. The emails were secured from HBGary Federal after one of that firm’s executives, Aaron Barr, tried to take Anonymous down. Barr claimed to have penetrated the group and intended to sell the data he collected to Bank of America (BoA) and to US federal authorities. In return, Anonymous hackers penetrated Barr’s email account and published some 40,000 company emails. Barr intended to approach Bank of America, Think Progress writes, because WikiLeaks is believed to have sensitive information about the firm that it intends to publish later in the year. BoA hired Hunton and Williams and other law firms to pursue WikiLeaks. BoA’s legal team also targeted Salon columnist Glenn Greenwald, an outspoken supporter of WikiLeaks, saying that it had plans for “actions to sabotage or discredit” him. The USCOC posts a response to Think Progress on its blog dismissing the report as “baseless attacks.” And prominent liberal blogger Marcy Wheeler (see April 18, 2009) says that the Think Progress report will probably “cause the Chamber of Commerce to rethink the spying work with HBGary it apparently has been considering.” [Berico Technologies, 11/3/2010 pdf file; Think Progress, 2/10/2011] Liberal blogger Brad Friedman, who has spent years covering voter suppression tactics by political organizations, will soon learn that he is targeted by Team Themis. An email sent by Barr and provided to Friedman “focused on me included names, personal information, home addresses, etc. of myself, family members, and a number of other members of VR,” Friedman will write. (Velvet Revolution is an “umbrella group” that includes StopTheChamber.) “Part of the plan included highlighting me as a ‘Tier 1’ player in a sophisticated disinformation/discrediting scheme that relied on high-tech tools developed for the US government’s ‘War on Terror.’ Team Themis’ US Chamber of Commerce plan was to deploy the very same techniques and technology used to track terrorists, terror organizations, and nations such as Iran, against private non-profit political advocates and citizens in the US.” The email also lists the names of people whom Barr clearly believes to be Friedman’s wife and two children (Friedman says the names listed are not family members—he is not married and has no children). The email also lists a Maryland address as Friedman’s home—another error, as Friedman lives in another state. Friedman will write that obviously Barr and his researchers found another, unrelated person named Brad Friedman and learned personal details about that person and his family. Prominent officials such as Ilyse Hogue of MoveOn.org and Robert Weissman of Public Citizen are also listed for “targeting.” [Brad Friedman, 2/14/2011]

Entity Tags: Democratic Party, Change to Win, WikiLeaks, Berico Technologies, Barack Obama, Bank of America, Aaron Barr, US Chamber Watch, Think Progress (.org), US Chamber of Commerce, Service Employees International Union, Ilyse Hogue, Marcy Wheeler, Hunton and Williams, Glenn Greenwald, HBGary Federal, StopTheChamber.com, Robert Weissman, Palantir, Brad Friedman

Timeline Tags: Civil Liberties

The government watchdog and campaign finance advocacy group Common Cause asks the Supreme Court to explain why Justice Clarence Thomas did not completely disclose the nature of his participation in a 2008 retreat hosted by Charles and David Koch, the influential oil billionaires and conservative advocates (see 1977-Present, 1979-1980, 1997, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, November 2009, December 6, 2009, April 2010 and After, July 3-4, 2010, June 26-28, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, and October 4, 2011). According to a Court spokesperson, Thomas made a “brief drop-by” at a four-day event in Palm Springs, California, held in January 2008, and gave a talk. But disclosure reports filed by Thomas show that he was reimbursed an undisclosed amount for four days of “transportation, meals, and accommodations” over the weekend of the retreat. The reimbursement came from the Federalist Society, an influential conservative legal group. Today Common Cause sends a letter to the Court asking for “further clarification” as to why the two statements are at odds. Common Cause official Arn Pearson says, “I don’t think the explanation they’ve given is credible.” If Thomas’s visit was a “four-day, all-expenses paid trip in sunny Palm Springs,” Thomas should have reported it as a gift under federal law. The Court, the Federalist Society, and Koch Industries all refuse to comment on the issue. Common Cause has said that because of Thomas’s past appearances at the Koch retreats, and the conservative political work done by his wife Virginia Thomas (see November 2009 - November 2010 and February 4, 2011), he should have recused himself from the 2010 Citizens United decision (see January 21, 2010). Common Cause notes that both Thomas and Justice Antonin Scalia have appeared at Koch-hosted retreats. Both Thomas and Scalia voted as part of the 5-4 majority that decided the case. Political analysts say the Koch brothers have been some of the main beneficiaries of the decision. [New York Times, 2/14/2011]

Entity Tags: David Koch, Antonin Scalia, Arn Pearson, Charles Koch, Federalist Society, US Supreme Court, Virginia (“Ginni”) Thomas, Common Cause, Clarence Thomas

Timeline Tags: Civil Liberties

Jack Davis, a Republican candidate for the House of Representatives from the Buffalo, New York, area, suggests that Hispanic farmworkers be deported from the US, and African-Americans from the inner cities be bused to farm country and made to pick the crops. Davis, an industrialist from Akron, makes his comments in an endorsement hearing held by local tea party activists. In 2008, he made similar comments to a Tonawanda News reporter, when he said: “We have a huge unemployment problem with black youth in our cities. Put them on buses, take them out there [to the farms], and pay them a decent wage; they will work.” Many listeners then and now say Davis is, in essence, advocating a return to slavery. After hearing Davis’s comments, Republican leaders deliver their endorsement to another candidate, Assemblywoman Jane L. Corwin. Amherst County GOP chairman Marshall Wood says, “I was thunderstruck” when he heard Davis’s statements. “Maybe in 1860 that might have been seen by some as an appropriate comment, but not now.” Davis shrugs off the reaction to his comments, saying merely, “It’s politics.” Davis’s spokesman W. Curtis Ellis says of Davis’s comments, “It may not be politically correct and it may not be racially correct, but when you have African-American people in Buffalo who do not have jobs and are out of work, why are you bringing people into this country illegally to take jobs?” Davis, Corwin, and others are running in a special election to replace Representative Chris Lee (R-NY), who recently resigned his seat after revelations surfaced about his Internet flirtation with a woman not his wife. Wyoming County GOP chairman Gordon Brown says Davis “repeatedly almost disqualified himself” during the hearing by contradicting typical party positions, raging against illegal immigration and free trade policies. “The most racist part was where he said he was busing the blacks in to pick the vegetables,” Brown says. When Davis made his comment, “the room sort of went silent. It was like, ‘Did I just hear that?’” Davis has run for office as a Democrat three times in the past. He is now attempting to secure enough signatures to run as a tea party candidate. The election will be held May 24. The Democratic candidate opposing Corwin will be Kathleen Hochul, the Erie County clerk. [Buffalo News, 3/15/2011; Raw Story, 3/17/2011; USA Today, 3/21/2011] Buffalo News columnist Rod Watson, a conservative African-American, later complains of the “manufactured outrage” over Davis’s comments, and will praise Davis’s suggestion as “busing jobless young blacks to farms so they can learn work skills while earning an honest dollar.” He will say Davis’s comments are far less insulting than those recently made by Mississippi Governor Haley Barbour (R-MS), a possible 2012 presidential candidate who has extolled the virtues of white supremacist groups. “A white man saying what’s good for blacks is always grist for those looking for advantage in aggrievement,” Watson will write. “It’s part of the unwritten rules on race in a nation still struggling with the issue that only blacks can say such things about blacks, just as only whites can make ‘redneck’ jokes.” Watson will note that African-American radio host Ted Kirkland says: “I’ve advocated that on my show. There’s nothing wrong with hard work and getting your hands dirty.” And Watson will quote Democratic legislator Betty Jean Grant, who says, “Republicans won’t hire black youths for any kind of jobs,” and says she “saw nothing racist” in Davis’s comment. Watson will admit that some find it disconcerting when a white millionaire states his opinion about what should be done for, or to, poor African-Americans. “It’s also fair to ask how many blacks Davis has hired, or how many jobs he has funded in light of his expressed interest in unemployed African-Americans,” he will write. He will conclude that the idea itself must be considered separately from its “suspect source.” [Buffalo News, 3/17/2011] News and blog Web site BlakNewz is more outraged; its administrator will write: “Is that like black slaves picking cotton for the massa? Why not bus in the poor white people in New York State and nearby states to pick the crops?” [BlakNewz, 3/15/2011] Hochul will win a narrow victory over Corwin, delivering the NY-26 seat to the Democratic Party for the first time in decades. Davis, a “tea party” candidate, will garner 9 percent of the vote; in his concession speech, Davis will tell his listeners, “The country needs me.” [Buffalo News, 5/26/2011]

Entity Tags: John (“Jack”) Davis, Christopher John (“Chris”) Lee, BlakNewz, Betty Jean Grant, Gordon Brown (NY GOP), Jane L. Corwin, W. Curtis Ellis, Marshall Wood, Rod Watson, US House of Representatives, Ted Kirkland, Kathleen Hochul, Haley Barbour

Timeline Tags: Domestic Propaganda, 2012 Elections

Mike Huckabee (R-AR), the former governor of Arkansas, currently a host on Fox News and a potential 2012 presidential candidate, tells a gathering at the National Press Club that it is “useless” to get into the seemingly endless debate on President Obama’s citizenship (see July 20, 2008, August 15, 2008, October 8-10, 2008, October 16, 2008 and After, November 10, 2008, December 3, 2008, August 1-4, 2009, May 7, 2010, Shortly Before June 28, 2010, and Around June 28, 2010) as recently revived by billionaire Donald Trump (see February 10, 2011). “I find it unnecessary, useless, and frankly a bit unnecessary to get into all sorts of debates over President Obama’s religion or the authenticity of his birth,” he says. “I know for some people that it is an obsession. It is not with me.” Huckabee has said that if Obama were not a US citizen, that fact would have emerged during the 2008 presidential primary. He also acknowledges that Obama is a Christian (see October 1, 2007, December 19, 2007, January 11, 2008, Around March 19, 2008, and April 18, 2008) and calls Obama a good role model for fathers, saying: “I have no disagreement with President Obama as a human being. In fact, I’ll go so far to say one of the things I respect very much is the role model that he has served as a husband and a father. And I think he has been an exemplary husband to his wife and an extraordinary father to his daughters. Frankly, America needs a good role model like that.” Huckabee emphasizes that he does not agree with Obama’s policies, saying, “But this is not an attack on President Obama, the person, even though you will see sharp elbows at the policies that he has put forth, specifically, many of the economic policies.” [St. Petersburg Times, 2/28/2011]

Entity Tags: Barack Obama, National Press Club, Mike Huckabee, Donald Trump

Timeline Tags: Domestic Propaganda

Mike Huckabee (R-AR), the former governor of Arkansas, currently a host on Fox News and a potential 2012 presidential candidate, speculates that President Obama may have been born in Kenya. If this were true, Obama would not be eligible to be president. Huckabee states, incorrectly, that Obama grew up in Kenya. Huckabee is appearing on a radio show hosted by conservative Steve Malzberg. The host brings up the subject of Obama’s “controversial” birth certificate (see July 20, 2008, August 15, 2008, October 8-10, 2008, October 16, 2008 and After, November 10, 2008, December 3, 2008, August 1-4, 2009, May 7, 2010, Shortly Before June 28, 2010, and Around June 28, 2010), as recently revived by billionaire Donald Trump (see February 10, 2011), and asks, “Don’t you think we deserve to know more about this man?” Huckabee responds: “I would love to know more. What I know is troubling enough. And one thing that I do know is his having grown up in Kenya, his view of the Brits, for example, very different than the average American. When he gave the bust back to the Brits, the bust of Winston Churchill, a great insult to the British (see June 29, 2009). But then if you think about it, his perspective as growing up in Kenya with a Kenyan father and grandfather, their view of the Mau Mau Revolution in Kenya is very different than ours because he probably grew up hearing that the British were a bunch of imperialists who persecuted his grandfather.” PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, believes that Huckabee is echoing discredited claims recently made by conservative author Dinesh D’Souza, who accused Obama of being an “anti-colonialist” and covert supporter of Kenyan extremists (see September 12, 2010, September 12, 2010 and After, September 12, 2010 and After, September 16, 2010, September 17, 2010, September 23, 2010, and September 23-24, 2010). Contrary to Huckabee’s assertions, Obama did not grow up in Kenya. He had virtually no contact with his Kenyan father and never met his paternal grandfather, whom D’Souza wrote had such a powerful influence on him. Instead, Obama grew up in Hawaii and Indonesia. After the interview on Malzberg’s show, Huckabee corrects his error, saying: “On Monday, while on Steve Malzberg’s radio show on New York’s WOR Radio, I was asked about the President Obama’s birth certificate issue. In my answer, I simply misspoke when I alluded to President Obama growing up in ‘Kenya’ and meant to say Indonesia.” PolitiFact notes that in the past, Huckabee has warned against buying into the idea that Obama is not a US citizen, affirmed Obama’s Christianity, and praised Obama as a role model for fathers (see February 23, 2011). [St. Petersburg Times, 2/28/2011]

Entity Tags: Dinesh D’Souza, Mike Huckabee, Steve Malzberg, Barack Obama, PolitiFact (.org )

Timeline Tags: Domestic Propaganda

A report on a psychological study conducted and written by Eric Hehman of the University of Delaware and published in the Journal of Experimental Social Psychology finds that race plays an intrinsic role in many voters’ perceptions of President Obama, and plays a powerful role in whether or not Americans believe Obama is a US citizen. Although definitive proof of Obama’s US citizenship has long been publicly available (see June 13, 2008, August 21, 2008, and October 30, 2008), for many, especially on the right, the issue remains either unsettled or, for some, settled against Obama, whom they firmly believe to be either a foreign citizen or some sort of “illegal alien.” Hehman’s study concludes that racial prejudice plays a strong role in the continued refusal by some to accept Obama’s citizenship. The study compares voter perceptions of Obama with his vice president, Joseph Biden, whom Hehman calls “the most comparable target” with Obama.
Major Disparity between 'High-Prejudice,' 'Low-Prejudice' Whites - Behman writes: “The influence of racial prejudice in contemporary US society is typically manifested in subtle, indirect forms of bias. Due to prevailing norms of equality, most whites attempt to avoid appearing biased in their evaluations of blacks, in part because of a genuine desire to live up to their egalitarian standards, but also because of concern regarding social censure. As a consequence, whites’ prejudice is more likely to be expressed in discriminatory responses when these actions can be justified by other factors.” The study asked 295 people, both black and white, to evaluate the performance and “Americanism” of the two politicians in late 2009. It also included six questions, widely used in psychology, to gauge whether folks are more or less prejudiced against blacks. The study finds, “Overall, as expected, white participants tended to view Obama as less American,” and as a direct result they judge him as “worse-performing” as a national leader than Biden. “Moreover, whites higher in prejudice rated Obama as less American and as performing more poorly as president.” “Low-prejudice” whites tend to see Obama as higher-performing and either “as American” or “more American” than Biden: “Why low prejudice whites perceived Obama as higher in Americanism and performing better than Biden is not entirely clear. One possibility is that people see presidents, as the primary national leader, as more prototypical of the group and thus more American than vice presidents. Alternatively, the differential response of low prejudice whites to Obama and Biden may reflect their concern with appearing nonprejudiced, particularly during a period when the election of a black president was lauded as a sign of progress for not only blacks but America more generally.” The study examines the “prejudice scores” of the study participants, and finds “higher prejudice predicted whites seeing Obama as less American, which, in turn, predicted lower evaluations of his performance.” Blacks tended to rate Obama’s performance higher than Biden’s, but do not view their “Americanism” as significantly different. Hehman finds: “Overall, the results support our hypothesis that negative evaluations of Obama by white participants may be racially motivated. Whites are guarded about openly endorsing the view that blacks are less American than whites, which may suppress overall mean differences in performance ratings and perceptions of Obama being un-American. However, bias in viewing blacks as less American than whites appeared to implicitly underlie whites’ negative evaluations of his performance. Also, consistent with previous research, blacks did not demonstrate such a relationship, nor did Americanism mediate the relationship between prejudice and performance evaluations when Vice President Biden acted as target for either whites or blacks. Whereas previous work has linked white prejudice with negative perceptions of Obama, the current work reveals a mechanism that may be largely responsible for this effect, Obama’s non-prototypicality (largely in terms of his race) and thus reduced perceptions of his Americanism.” Hehman notes that media speculations that the “birther” controversy is fueled by racial prejudice are “sadly the case. As the United States approaches important decisions regarding issues such as economic reform, health care, and overseas military interventions, the intrusion of racial attitudes in the evaluation of political leaders’ performance is ironically inconsistent with what many believe to be ‘American.’”
Response to 'Long Form' Certificate Release - USA Today will report on Hehman’s study on April 27, the same day that Obama releases his “long form” birth certificate in an attempt to put an end to the controversy over Obama’s citizenship (see April 27, 2011). Reporter Dan Vergano will ask Hehman for his response to the release in the context of the study, and Hehman will respond via email: “While I can’t speak to the birther movement specifically, this controversy and others like it are what initially sparked my interest and led to the recent publication [of the study]. President Obama has consistently faced a number of controversies that are, frankly, not based on fact. We thought that his critics’ persistence in pursuing these fantasies, such as Obama’s birth in a foreign nation or being a Muslim, in the face of facts saying otherwise, might be indirectly rooted in racism. Our research investigated whether people who held racial prejudices might be more likely to see Obama as ‘un-American,’ presumably because of his race. Indeed, this is what we found. Whites who were prejudiced against blacks were more likely to see Obama as un-American, and in turn, evaluated Obama as performing more poorly as president. Whites who were not prejudiced, and blacks in general, did not do so. Additionally and importantly, this relationship was only found with Obama, as prejudiced whites did not see Vice President Joe Biden as un-American, despite the fact that Obama and Biden share political party affiliation and agenda.” He will conclude: “The April 27 release of Obama’s long-form birth certificate is a situation where President Obama and the White House eventually had to exert effort to quell a controversy that should never have been an issue. Our research indicates that one reason it may have initially become an issue at all has more to do with his race than his place of birth. We find that racial prejudice can, in part, influence evaluations of an elected leader, a phenomenon which is quite ‘un-American.’” [USA Today, 4/27/2011]

Entity Tags: Journal of Experimental Social Psychology, Barack Obama, Dan Vergano, Joseph Biden, USA Today, Eric Hehman

Timeline Tags: Domestic Propaganda

The Twitter post made by Fox News correspondent Todd Starnes.The Twitter post made by Fox News correspondent Todd Starnes. [Source: Media Matters]A Panama City Beach citizen uses his or her cell phone to record an incident that breaks out at a local Burger King restaurant. The conflict starts when one resident, who identifies herself as Kimesia Smith of Montgomery, Alabama, (police later learn that her real name is Nekiva Vonte Hardy) becomes angry after having to wait an apparently too-lengthy period of time for her order. Hardy leaps up on the counter and throws a charity coin jug at employees. Three of Hardy’s friends join in, throwing napkins, utensils, and trays throughout the restaurant. All four scream imprecations and abusive comments. Hardy is arrested and taken to jail on charges of simple battery, in part because an employee says Hardy pulled her hair. Explaining her actions, Hardy later says, “I don’t play no games.” Panama City Beach Police Chief Robert Harding notes that Hardy’s actions are not related to spring-break parties, saying, “She’s a 30-year-old unemployed mother of three from Montgomery, so I would surmise that she’s not a spring breaker.” Hardy is later charged with a felony count of criminal mischief and two counts of misdemeanor battery and disorderly conduct. The cell phone video of the incident becomes something of a hit on YouTube, garnering tens of thousands of views. State attorney Glenn Hess says: “While many view this video as amusing, we see it as hard evidence of serious crimes being committed. I’m quite certain the employees who were battered and terrorized by [Hardy] do not find this the least bit amusing.” Hardy has a lengthy criminal record. [WJHG-TV, 3/23/2011; Black Urban Times, 3/24/2011; New York Daily News, 3/28/2011] On March 24, Fox News reporter Todd Starnes posts a somewhat different interpretation of the incident: he links to a local news report and writes a Twitter post that reads, “Blacks riot at Burger King.” Fox Nation, the online blog for Fox News viewers, then posts the video and a brief synopsis of the story, focusing on Hardy’s “bikini-clad” state but omitting references to her race. Progressive media watchdog organization Media Matters calls Starnes’s take on the incident “racist.” After Media Matters publishes its article, Starnes deletes the post. Starnes’s profile identifies him as “a contributor on FOX & Friends, Hannity, and FOX Nation.” [Media Matters, 3/24/2011; Fox News, 3/24/2011]

Entity Tags: Nekiva Vonte Hardy, Glenn Hess, Robert Harding, Fox Nation, Todd Starnes, Media Matters

Timeline Tags: Domestic Propaganda

Fox News host Greta Van Susteren, discussing recent allegations by billionaire Donald Trump that President Obama is not a legitimate US citizen (see February 10, 2011 and March 17, 2011), tells her viewers: “Is Donald Trump a birther? Donald Trump is putting President Obama on the spot, telling him, ‘Show the birth certificate.’” Van Susteren then informs her viewers of a Trump interview on the ABC morning talk show The View where he alleged that “there’s something on that birth certificate that he doesn’t” want made public, and says: “But why is Trump doing that? Well, he tells the ladies on The View there are too many missing pieces.” [Media Matters, 3/24/2011; Media Matters, 3/28/2011]

Entity Tags: Donald Trump, Fox News, Greta Van Susteren, Barack Obama

Timeline Tags: Domestic Propaganda, 2012 Elections

Conservative radio host Sean Hannity interviews Joseph Farah, the editor and primary writer for conservative news blog WorldNetDaily (WND). WND has been at the forefront of the “birther” movement against President Obama (see December 5, 2008, May 28, 2009, August 1-4, 2009, and January 18, 2011). Hannity says that it is unfair for “birthers” such as Farah to have “been beaten up so badly in the press” for pursuing the issue, and goes on to add that birthers have been “crucified and beaten up and smeared and besmirched.” Farah blames Obama and his administration for the controversy, and praises billionaire Donald Trump (see (see February 10, 2011, March 23, 2011, and March 23, 2011) for bringing the controversy to the forefront once again. He tells Hannity, “I think it’s very appropriate for Americans to begin to question if there’s a reason that Obama will not produce this simple document that, you know, we all have to produce at various points in our lives, and when the governor of Hawaii, who claims to be a lifelong friend of Obama, cannot find this document, cannot produce it, it’s natural that this becomes an increasingly big issue, an issue that I think touches on both national security.” Obama has indeed produced an authenticated copy of his birth certificate (see June 13, 2008). Farah’s reference to Governor Neil Abercrombie’s inability to “find” the original birth certificate, first proposed on WND, has since been debunked as groundless (see January 18, 2011). Farah promises that WND researcher Jerome Corsi (see August 1, 2008 and After, August 15, 2008, October 8, 2008, October 9, 2008, and January 18, 2011) will have “startling” research on the matter coming soon. [Media Matters, 3/24/2011; Media Matters, 3/28/2011] Hannity revisits the subject later this evening on his Fox News broadcast. After telling viewers that the controversy exists in part because of Obama’s fond memories of spending some of his childhood in Indonesia, Hannity tells the White House to just “show the birth certificate.… Why won’t they release the birth certificate?… Why don’t they just release it and get it over with?” [Media Matters, 3/24/2011; Media Matters, 3/28/2011] Hannity has brought the subject up in previous broadcasts (see March 23, 2011).

Entity Tags: Joseph Farah, Barack Obama, Donald Trump, Jerome Corsi, Sean Hannity, Neil Abercrombie, WorldNetDaily, Fox News

Timeline Tags: Domestic Propaganda

Law professor Richard Hasen writes that an Arizona case before the Supreme Court may add to the abilities of wealthy individual and corporate donors to influence elections. In the case of McComish v. Bennett, Arizona’s public campaign financing laws are being challenged. Public financing of campaigns (i.e. using tax dollars for campaigns) is entirely voluntary, but candidates who do opt into the system may not accept outside donations. Privately funded candidates face no such restrictions, but receive no public campaign funding. If a privately funded candidate spends significantly more on the campaign than his/her publicly funded opponent, Arizona’s law has a so-called “trigger” provision that provides matching funds, to a point, to make the spending somewhat more equitable. The case before the Court was brought on behalf of wealthy private donors, and is based on the complaint that the matching funds provision is a violation of their clients’ freedom of speech. Hasen predicts that the Court, with its conservative majority and its ruling in the Citizens United case (see January 21, 2010), will rule in favor of the wealthy plaintiffs and strike down some or all of the Arizona law. Arizona imposes no limits on the spending of outside groups, Hasen argues, and if the matching funds provision is triggered, he asks, “What’s the worst thing that can happen if a wealthy candidate spends gobs of cash running against a candidate who has opted into the public financing system?” He answers, “The publicly financed candidate gets more government dollars to campaign, and the voters hear more speech.” Hasen notes that several conservative legal experts have found that the “free speech” argument is specious. Conservative Ninth Circuit Judge Andrew Kleinfeld wrote against the argument in a previous ruling in the case, observing that in his view “there is no First Amendment right to make one’s opponent speak less, nor is there a First Amendment right to prohibit the government from subsidizing one’s opponent, especially when the same subsidy is available to the challenger if the challenger accepts the same terms as his opponent.” And Charles Fried, the solicitor general during the Reagan administration, filed an amicus brief in the case arguing that it is the wealthy candidates and interest groups who “in reality are seeking to restrict speech.” Hasen believes that the conservative majority will rule in favor of restricting the “speech” of publicly funded candidates in Arizona (and by extension in other states) because, as it ruled in a 2008 case, such financing laws were “an impermissible attempt to level the playing field between wealthy and non-wealthy candidates.” Hasen is blunt in his conclusion, stating, “Five conservative […] justices on the Supreme Court appear to have no problem with the wealthy using their resources to win elections—even if doing so raises the danger of increased corruption of the political system.” [Slate, 3/25/2011] Hasen is correct: the Court will rule 5-4 in the case, which will be renamed Arizona Free Enterprise Club’s Freedom PAC v. Bennett, that the matching funds provision is unconstitutional (see June 27, 2011).

Entity Tags: Charles Fried, Richard L. Hasen, US Supreme Court, Andrew Kleinfeld

Timeline Tags: Civil Liberties

WorldNetDaily (WND), the conservative news blog that relentlessly promotes the “birther” claims that President Obama is not a legitimate US citizen (see July 20, 2008, August 15, 2008, October 8-10, 2008, October 16, 2008 and After, November 10, 2008, December 3, 2008, August 1-4, 2009, May 7, 2010, Shortly Before June 28, 2010, Around June 28, 2010, March 23, 2011, and March 24, 2011), begins promoting a book by one of its senior authors, Jerome Corsi, titled Where’s the Birth Certificate? The Case that Barack Obama is Not Eligible to Be President. The book is slated to be published in May 2011. Corsi has long accused Obama of a number of crimes and frauds, almost all of which have been disproven and debunked (see August 1, 2008 and After, August 15, 2008, October 8, 2008, October 9, 2008, and January 18, 2011). WND promotes the book as “[t]he result of more than two years of solid investigative research by Corsi and a team of WND reporters and editors,” and predicts it will become “a huge bestseller [that will] change the dynamics of the debate over eligibility—IF, of course, the book is not spiked by the hostile establishment media.” WND uses the promotional campaign to raise funds both for book promotion and for WND in general (the book is published by “WND Books”). Publisher Joseph Farah writes that WND readers need to help the organization “raise hundreds of thousands of dollars to air [promotional television] commercials on television networks and stations throughout the country.” The first commercial is hosted on WND’s Web site. “We need to make this the biggest publishing event of the year,” Farah says. [WorldNetDaily, 3/27/2011] The day after WND issues its press release/report, Fox Nation, the online blog of Fox News, publishes a front-page story on the book’s promotional campaign, repeating some of the WND copy and linking to the story at WND. [Fox Nation, 3/28/2011]

Entity Tags: Fox News, Barack Obama, Fox Nation, Jerome Corsi, Joseph Farah, WorldNetDaily

Timeline Tags: Domestic Propaganda

A screenshot from Glenn Beck’s final show.A screenshot from Glenn Beck’s final show. [Source: Gateway Pundit (.com)]Fox News chairman Roger Ailes negotiates the departure of one of his network’s most influential stars, talk show host Glenn Beck. Beck’s departure has been predicted by outside observers for weeks; as for Beck, he has already told Ailes, “I don’t want to do cable news anymore.” Beck has been with Fox News since October 2008, when he was hired to fill the 5:00 p.m. slot that had unsuccessfully been hosted by other conservatives such as John Gibson and Laura Ingraham. He debuted the day before President Obama’s January 2009 inauguration (see January 20-21, 2009). New York Magazine reporter Gabriel Sherman will write that Ailes hired Beck “to reenergize Fox’s audience after Obama’s election.” (In January 2009, Ailes told Beck that Fox News’s primary mission was to oppose Obama, and that Beck was a major part of that effort—see January 2009 and August 11, 2009.) Beck has been hugely successful (see March 29, 2009), “tapping deep wells of resentment and igniting them into a vast, national conflagration,” as Sherman will write. However: “The problem was that it had almost engulfed Fox itself. Beck was huge and uncontrollable, and some of Fox’s other big names seemed diminished by comparison—and were speaking up about it. Beck seemed to many to be Fox News’s id made visible, saying things—Obama is a racist (see July 27, 2009 and July 28-29, 2009), Nazi tactics are progressive tactics (see July 26, 2010 and October 3, 2010)—dredged from the right-wing subconscious. These were things that weren’t supposed to be said, even at Fox (see February 20, 2009 and March 9, 2009), and they were consuming the brand. Ailes had built his career by artfully tending the emotional undercurrents of both politics and entertainment, using them to power ratings and political careers; now they were out of his control.” Beck’s show has suffered a steep drop in ratings because of an effective boycott led by a number of progressive and civil rights groups; over 400 Fox advertisers pulled their commercials from Beck’s show. Beck has become a divisive figure among other Fox hosts, with Sean Hannity complaining about his “stardom” and Bill O’Reilly, who detests Hannity, regularly scheduling Beck as a guest on his show, further angering Hannity. And Ailes is increasingly uncomfortable with the religious content of Beck’s show (at times Beck has told his viewers that God is speaking to them through him). Beck and Ailes agree that Beck will give up his 5:00 p.m. show and return for a number of network “specials.” The talks between Beck and Ailes are not without acrimony; at one point, Ailes tells a Fox executive, “I’m just going to fire him and issue a press release.” When the network announces the departure on April 6, Beck and other Fox spokespersons are careful to avoid any sort of “public meltdown,” and ensure the avoidance of what Ailes fears most: what Sherman calls the view of “Beck’s departure… as a victory for the liberal media.” Ailes tells reporters: “We felt Glenn brought additional information, a unique perspective, a certain amount of passion and insight to the channel and he did. But that story of what’s going on and why America is in trouble today, I think he told that story as well as could be told. Whether you can just keep telling that story or not… we’re not so sure.” David Brock, founder of the progressive media watchdog Web site Media Matters, says “the only surprise is that it took Fox News months to reach this decision.” And James Rucker, the chairman of ColorofChange.org, the organization behind the advertiser boycott, says, “Fox News Channel clearly understands that Beck’s increasingly erratic behavior is a liability to their ratings and their bottom line, and we are glad to see them take this action.” Beck is expected to continue his daily AM radio show and to engage in other media activities in the future. New Republic reporter James Downie observes, “In recent months, it seems, Beck’s theories became so outlandish that even conservatives—both viewers and media personalities—were having a hard time stomaching them.” Downie notes that as Beck’s show continued, Beck became caught in what he calls a “vicious circle,” having to “top himself” from week to week with ever more intricate and outlandish conspiracy theories, and more extremist rhetoric. [Associated Press, 4/6/2011; Christian Science Monitor, 4/6/2011; New York Magazine, 5/22/2011] In his own explanation for his departure, Beck compares himself to Revolutionary War hero Paul Revere, saying: “When I took this job I didn’t take it because it was going to be a career for me. Paul Revere did not get up on the horse and say, ‘I’m going to do this for the rest of my life.’ He didn’t do it. He got off the horse at some point and fought in the Revolution and then he went back to silversmithing.” [New York Daily News, 4/7/2011]

Entity Tags: Gabriel Sherman, Fox News, Bill O’Reilly, Barack Obama, Sean Hannity, Roger Ailes, Laura Ingraham, David Brock, Paul Revere, James Downie, John Gibson, Glenn Beck, James Rucker

Timeline Tags: Domestic Propaganda

An illustration accompanying a front-page story on the online Fox Nation blog.An illustration accompanying a front-page story on the online Fox Nation blog. [Source: Media Matters]Fox Nation, the online blog of Fox News, promotes Donald Trump’s recent claims that President Obama is not a US citizen and may not be a Christian (see February 10, 2011, March 17, 2011, March 23, 2011, March 23, 2011, March 28, 2011, and March 28-29, 2011). Fox Nation publishes a story with the headline “Trump on Obama: ‘Maybe He’s a Muslim.’” The story excerpts a recent interview of Trump by Fox News talk show host Bill O’Reilly, who said Trump “hammer[ed] the birth certificate” during a recent appearance on the ABC morning talk show The View. O’Reilly says his own investigative staffers determined that two birth announcements placed in Honolulu newspapers the week of Obama’s birth proved to his satisfaction that Obama was indeed born in the US and therefore is a US citizen (see July 2008). “There couldn’t have been a sophisticated—what is he, Baby Jesus?—there was a sophisticated conspiracy to smuggle this baby back into the country? So I just dismissed it. But you made a big deal of it.” Trump explains that those announcements could have been planted by Obama supporters bent on fraud, and even claims, “I have never seen” a birth announcement in a newspaper. “Really?” O’Reilly responds. “They are common.… But why is this important to you?” Trump says that because he doubts Obama is a citizen, Obama’s status as president is doubtful. He goes on to defend “birthers” as “just really quality people that just want the truth,” and lambasts media figures who make “birthers” “afraid to talk about this subject. They are afraid to confront you or anybody about this subject.” He concludes: “People have birth certificates. He doesn’t have a birth certificate (see June 13, 2008). He may have one but there’s something on that, maybe religion, maybe it says he is a Muslim. I don’t know. Maybe he doesn’t want that. Or he may not have one. But I will tell you this. If he wasn’t born in this country, it’s one of the great scams of all time.” [Media Matters, 3/30/2011; Fox Nation, 3/30/2011] O’Reilly has been critical of the so-called “birthers” before (see July 29, 2009).

Entity Tags: Donald Trump, Barack Obama, Bill O’Reilly, Fox News, Fox Nation

Timeline Tags: Domestic Propaganda

Leonard Pitts Jr.Leonard Pitts Jr. [Source: SourceMedia (.net)]Leonard Pitts Jr., an African-American columnist for the Miami Herald, writes that the ongoing “birther” conspiracy theory surrounding President Obama’s citizenship, recently re-energized by billionaire Donald Trump (see February 10, 2011, March 17, 2011, March 23, 2011, March 23, 2011, March 28, 2011, March 28-29, 2011, March 30, 2011, and April 1, 2011), is, at its core, driven by racial prejudice. “[I]t is time to call this birther nonsense what it is,” he writes, “not just claptrap, but profoundly racist claptrap.” Pitts goes on: “And spare me the e-mails where you soliloquize like Hamlet, the back of your hand pressed to your forehead, eyes turned heavenward, as you moan how it is impossible to criticize this president without being accused of racism. Criticize him to your heart’s content. Give him hell over Libya. Blast him about Guantanamo. Knock him silly on health care reform. He is the president; taking abuse is part of his job description. But this ongoing birther garbage, like the ongoing controversy about his supposed secret Muslim identity (see October 1, 2007, December 19, 2007, Before October 27, 2008, January 11, 2008, Around March 19, 2008, and April 18, 2008), is not about criticism. It is not about what he has done but, rather, what he is.” The “Muslim” and “birther” controversies are “dog whistle” issues, he writes, that “provide euphemistic cover for those who want to express alarm over the raw newness of him, the sweeping demographic changes he represents… without appearing uncouth enough to do so.” He concludes: “Frankly, I wish Trump and his fellow birthers would just go ahead and call Obama an N-word. Yes, it would be reprehensible and offensive. But it would be a damn sight more honest, too.” [Miami Herald, 4/1/2011]

Entity Tags: Barack Obama, Leonard Pitts, Jr, Donald Trump

Timeline Tags: Domestic Propaganda

Bryan Fischer, the director of issue analysis for government and public policy at the American Family Association (AFA), says that the government should stop spending any money at all on anti-poverty efforts because such spending encourages African-Americans to “rut like rabbits.” In a blog post on the AFA Web site titled “Poverty has won,” Fischer says welfare and anti-poverty programs have done nothing but led to the destruction of marriage and harmed African-American children. “We have spent over $16 trillion fighting the war on poverty, and it’s time to run up the white flag of surrender,” he writes. “Poverty has won.” In the post, Fischer says that welfare has destroyed the African-American family by providing incentives for fornication instead of marriage. “It’s no wonder we are now awash in the disastrous social consequences of people who rut like rabbits,” he writes. “Welfare has destroyed the African-American family by telling young black women that husbands and fathers are unnecessary and obsolete. Welfare has subsidized illegitimacy by offering financial rewards to women who have more children out of wedlock.” In previous statements on the AFA blog and on his talk radio show, Fischer has claimed that WikiLeaks is about nothing more than gays in the military (see December 7, 2010), that President Obama wants to give the entire North American landmass to Native Americans (see December 22, 2010), and the constitutional right to freedom of religion does not apply to Muslims (see March 24, 2011). Fischer has had as guests on his show potential Republican presidential candidates Tim Pawlenty, Mike Huckabee, Michele Bachmann, Newt Gingrich, and Haley Barbour. [Raw Story, 4/5/2011; Right Wing Watch, 4/5/2011] The link that originally went to the “Poverty has won” post subsequently goes to an entirely different post; the post Fischer originally made subsequently seems to have been deleted. [Bryan Fischer, 4/5/2011]

Entity Tags: Newt Gingrich, Bryan Fischer, American Family Association, Haley Barbour, Mike Huckabee, Tim Pawlenty, Michele Bachmann

Timeline Tags: Domestic Propaganda

Mohammed Fazazi, the imam to some of the 9/11 hijackers in Hamburg, Germany, is freed in Morocco as part of a larger pardon of prisoners. Fazazi was the imam at the Al-Quds mosque in Hamburg, Germany, in the 1990s up until not long before the 9/11 attacks (see 1993-Late 2001). Most of the al-Qaeda cell in Hamburg, including 9/11 hijackers like Mohamed Atta and Marwan Alshehhi, frequently attended that mosque. Later, Fazazi was convicted in Morocco for a role in the 2003 Casablanca bombings and sentenced to 30 years in prison (see May 16, 2003). In April 2011, Morocco’s King Mohammed VI pardons or reduces the sentences of 190 prisoners, most of them allegedly linked to Islamist militancy. The move is believed to be in response to increased pressure for political reform and openness. After his release, Fazazi says he used to preach jihad, but he no longer supports violent attacks. He claims he never knew any of the 9/11 hijackers or their plans, and he denies having any connection to the Casablanca bombings. [New York Times, 4/27/2011]

Entity Tags: Mohammed VI, Mohamed Atta, Mohammed Fazazi, Marwan Alshehhi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The altered photograph sent out by California ‘tea party’ activist Marilyn Davenport. She claims the depiction is not racist.The altered photograph sent out by California ‘tea party’ activist Marilyn Davenport. She claims the depiction is not racist. [Source: Orange County Weekly]Marilyn Davenport, a member of the Orange County (California) Republican Party (OCGOP) and a prominent tea party activist, sends an email to “a few friends” depicting President Obama as a half-ape “child” sitting on the laps of chimpanzee parents. The photograph is headed by the words, “Now you know why no birth certificate” (see June 13, 2008). Davenport attempts to laugh off the email as a joke, telling a reporter: “Oh, come on! Everybody who knows me knows that I am not a racist. It was a joke. I have friends who are black. Besides, I only sent it to a few people—mostly people I didn’t think would be upset by it.” Other local Republicans are less amused. One of her fellow OCGOP members, who refuses to be identified, says: “It’s unbelievable. It’s much more racist than the watermelon email. I can’t believe it was sent out. I’m not an Obama fan but how stupid do you have to be to do this?” The member is referring to a February 2009 email sent out by another Orange County Republican, then-Los Alamitos Mayor Dean Grose, who emailed a picture of a watermelon patch in front of the White House and then denied the picture was racist (see February 24-26, 2009). Another Republican official who also refuses to be identified says that Davenport is “a really, really sweet old lady so I am surprised to hear about this.” In a telephone conversation, OCGOP chairman Scott Baugh tells Davenport the email is tasteless. When contacted by a reporter from the Orange County Weekly, Davenport asks: “You’re not going to make a big deal about this are you? It’s just an Internet joke.” Baugh tells a reporter that it is indeed a big deal. “When I saw that email today I thought it was despicable,” he says. “It is dripping with racism and it does not promote the type of message Orange County Republicans want to deliver to the public. I think she should consider stepping down as an elected official.” Michael J. Schroeder, an Orange County resident and former California Republican Party chairman, calls the email disgusting. “This is a three strikes situation for Marilyn Davenport,” Schroeder says. Schroeder cites Davenport’s impassioned defense of a former Newport Beach city councilman who made explicitly racist slurs against “Mexicans,” and her defense of Grose and the watermelon picture. “Now, she has managed to top both of those incidents by comparing African-Americans to monkeys. She has disgraced herself and needs to resign. If she doesn’t, the Republican Party must remove her.” Davenport responds by sending an angry email to fellow California conservative activists demanding to know the identity of “the coward” who supplied a copy of her email to the press. She refuses to speak to at least two reporters, blaming the “liberal media” for the controversy. She later sends another email to fellow Orange County Republican elected officials, apologizing if anyone was offended and again blaming the “liberal media” for reporting the story. She writes: “I’m sorry if my email offended anyone. I simply found it amusing regarding the character of Obama and all the questions surrounding his origin of birth. In no way did I even consider the fact he’s half black when I sent out the email. In fact, the thought never entered my mind until one or two other people tried to make this about race. We all know a double standard applies regarding this president. I received plenty of emails about George Bush that I didn’t particularly like yet there was no ‘cry’ in the media about them. One only has to go to Youtube or Google Images to see a plethora of lampooning videos and pictures of Obama, Bush, and other politicians. That being said, I will NOT resign my central committee position over this matter that the average person knows and agrees is much to do about nothing. Again, for those select few who might be truly offended by viewing a copy of an email I sent to a select list of friends and acquaintances, unlike the liberal left when they do the same, I offer my sincere apologies to you—the email was not meant for you. For any of my friends or acquaintances who were the recipients of my email and were truly offended, please call me so I may offer a sincere verbal apology to you.” Orange County Republican activist Tim Whitacre defends Davenport, telling a reporter: “Marilyn Davenport is a staunch, ethical Republican lady. There is nothing unethical about this from a party standpoint because it wasn’t sent out to the party at large with any racist statements and it wasn’t signed as a central committee member. As a private individual, she is just real big on birther stuff. One of her passions that drives her is the president’s lack of forthrightness about where he was born. Marilyn believes that nobody knows where he was born and so this picture says a thousand words. She is not a perfect lady, but she is no racist. She is a gentle person who would feed you, help you, be there for you if you were in trouble. She is known as a pleasant, loving person and it kills me that she is being attacked by this non-story knowing her mindset.” [Orange County Weekly, 4/15/2011; KCAL-TV, 4/15/2011; CBS Los Angeles, 4/15/2011] Baugh says that he wants an ethics investigation into Davenport’s actions. [Associated Press, 4/15/2011] Conservative blogger Charles Johnson calls Davenport’s message “a vicious racist email about the first African-American president,” and writes, “This latest sickening example makes the connection between birtherism and old-school racism utterly explicit.” [Charles Johnson, 4/15/2011]

Entity Tags: Orange County Weekly, Dean Grose, Charles Johnson, Barack Obama, Marilyn Davenport, Orange County (California) Republican Party, Tim Whitacre, Scott Baugh, Michael J. Schroeder

Timeline Tags: Domestic Propaganda

The press learns that the Obama administration is considering having President Obama (see January 27-29, 2010) issue an executive order that would force federal contractors to disclose donations over $5,000 to political organizations. Such firms seeking government contracts would be required to disclose contributions to groups that air political ads either attacking or supporting candidates. Both Republicans and Democrats say that if issued, the order would have an immediate effect. Groups such as the US Chamber of Commerce (USCOC), a large Republican donor that has made large undisclosed donations to Republican-supporting candidates and organizations (see January 21-22, 2010 and October 2010), attacks the White House over the considered executive order, saying it proves Obama is using his executive power to punish political adversaries and reward supporters. USCOC spokesperson Blair Latoff calls the proposed order “an affront to the separation of powers [and] to free speech” (see January 21, 2010) that would create a litmus test for companies wanting to work with the federal government. The order, Latoff adds, could mean “prospective contractors that fund political causes unpopular with the government or the current administration may find that they don’t get a contract award due to political discrimination.” Republican senators will raise the same concerns in a letter sent to the White House the next day. Lawyer Jan Baran, who has worked for both the USCOC and Republican interests, acknowledges that the order could curtail fundraising attempts for the 2012 elections. White House officials and Congressional Democrats say the order would prevent the 2012 elections from being taken over by wealthy anonymous donors on both sides of the political aisle. Fred Wertheimer of Democracy 21, a nonprofit group that favors stricter campaign finance rules, says, “The fact that Congressional Republicans may oppose disclosure does not mean that efforts to obtain it are, by definition, partisan.” [United Press International, 4/20/2011; Los Angeles Times, 4/21/2011; New York Times, 4/27/2011] A week later, Bruce Josten, the top lobbyist for the USCOC, will assail Obama and the White House over the proposed executive order, telling a reporter that the organization “is not going to tolerate” what it considers a “backdoor attempt” by the White House to silence private-sector opponents by disclosing their political spending. Josten will even indirectly compare Obama to Libyan leader Mu’ammar al-Qadhafi; citing the Obama administration’s efforts to hasten the deposing of al-Qadhafi, Josten will say of the order: “We will fight it through all available means. To quote what they say every day on Libya, all options are on the table.” White House spokesman Jay Carney will say in response to Josten’s attack, “What the president is committed to is transparency, and he certainly thinks that the American taxpayer should know where his or her money is going.” Josten is joined by the Business Roundtable, a powerful business association made up of a number of chief executives, which will call the proposed order “yet another example of regulatory over-reach,” and will claim the order would increase paperwork and drive up costs for businesses. [Think Progress, 4/27/2011] Lee Fang, a reporter for the liberal news Web site Think Progress, will write that the executive order could have a powerful impact on the USCOC. “[T]he White House’s disclosure rule threatens the entire existence of the Chamber,” Fang will write. “This is because the Chamber only exists to hide the identity of corporations seeking to fight nasty political battles without having their name or brand exposed. As the Wall Street Journal noted, the Chamber’s ‘most striking innovation has been to offer individual companies and industries the chance to use the chamber as a means of anonymously pursuing their own political ends.’ The Chamber’s members include defense contractors, bailed out banks, and other donors likely to be affected by the government contractor campaign disclosure rule.” Fang will also cite a recent plan by the USCOC to sabotage organizations that support Obama and Democratic candidates by using legally questionable tactics such as false entrapment strategies and even computer hacking (see February 10, 2011). The funding for the scheme was never made public. He also cites recent monies secured by the USCOC from foreign entities that, because of the Citizen United decision, could be flowing into US political activities without disclosure (see October 2010). [Think Progress, 4/27/2011] Republicans in Congress will move to pass legislation that would thwart the order, if it is ever issued (see May 26, 2011 and July 15, 2011).

Entity Tags: Barack Obama, Fred Wertheimer, Blair Latoff, Business Roundtable, Jan Witold Baran, US Chamber of Commerce, Lee Fang, Wall Street Journal, Mu’ammar al-Qadhafi, Obama administration, Bruce Josten

Timeline Tags: Civil Liberties

Chris Van Hollen, in an undated appearance on Fox News.Chris Van Hollen, in an undated appearance on Fox News. [Source: Associated Press / Politico]Representative Chris Van Hollen (D-MD) and other prominent Democrats file a lawsuit against the Federal Election Commission (FEC) asking that entity to force the disclosure of political campaign donor information. In 2007, after a Supreme Court ruling (see June 25, 2007), the FEC drastically rewrote its disclosure requirements, creating what Van Hollen calls a “major loophole” that many 501(c)4 entities funded by corporate or labor union donations are using to operate “under a veil of anonymity.” Van Hollen and his colleagues say they want to force wealthy corporations and individuals to disclose who they are and how much they donate to political organizations. Currently, the Citizens United decision (see January 21, 2010) allows such donors to remain anonymous, and the organizations that receive their donations to conceal the amounts they are receiving. Van Hollen cites the 2002 Bipartisan Candidate Reform Act (BCRA—see March 27, 2002) as applying in this instance. In the brief he submits for the lawsuit, Van Hollen writes: “The US Chamber of Commerce, a Section 501(c) corporation, spent $32.9 million in electioneering communications in the 2010 Congressional elections, and disclosed none of its contributors; American Action Network (AAN—see Mid-October 2010), a Section 501(c) corporation, spent $20.4 million in electioneering communications in the 2010 Congressional elections, and disclosed none of its contributors; Americans for Job Security, a Section 501(c) corporation, spent $4.6 million in electioneering communication in the 2010 Congressional elections, and disclosed none of its contributors.” The lawsuit comes almost simultaneously with news that the White House is considering issuing an executive order that would require federal contractors to reveal their donations (see April 20, 2011). Democrats admit that even as they push the lawsuit forward, and President Obama publicly criticizes the practice of secret donations, they, too, are raising undisclosed donations for the various 2012 campaigns. Experts note that in most cases, Democrats’ efforts to raise undisclosed donations are far smaller than efforts by Republicans, and the amounts they are receiving are, so far, much smaller. Fred Wertheimer of Democracy 21, who is leading Van Hollen’s legal team, acknowledges that the lawsuit will not alter campaign finance policy before the 2012 elections, though he says it is possible that the lawsuit could receive a favorable decision and force disclosure while appeals are pending.
Similarities to DISCLOSE Act - Both the lawsuit and the executive order are similar to sections of the DISCLOSE Act, a legislative package drafted by Van Hollen and other Congressional Democrats that was blocked by Senate Republicans from coming to a vote (see July 26-27, 2010). USCOC spokesperson Blair Latoff says the lawsuit and the order comprise a “desperate attempt by the White House and House Democrats to resurrect the corpse of the DISCLOSE Act.” (Law professor Steven D. Schwinn will refute Latoff’s accusation, writing that Van Hollen’s lawsuit in no way seeks to force the DISCLOSE Act into law via the courts.) Like the failed legislation, the lawsuit and the proposed executive order would work to curtail the effects of the Supreme Court’s controversial Citizens United decision, which allows virtually unlimited and anonymous political spending by corporations and other entities. The lawsuit argues that the concealment of donor identities contradicts both the law and the Court’s ruling, citing the following language in the majority ruling: “With the advent of the Internet, prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable.”
Seeks Change in FEC Regulations - The lawsuit specifically challenges an FEC regulation adopted in 2007 that contravened language in the 2002 Bipartisan Campaign Reform Act (see March 27, 2002) that required disclosure of donations of $1,000 or more if the donations were made for the purpose of furthering “electioneering communications.” Another petition filed by Van Hollen’s group asks the FEC to revise a regulation that “improperly allowed nonprofit groups to keep secret the donors” whose funds were being used to pay for so-called independent expenditures in federal elections. [van Hollen, 4/21/2011 pdf file; Los Angeles Times, 4/21/2011; New York Times, 4/21/2011; Steven D. Schwinn, 4/25/2011; Think Progress, 4/27/2011]
'Sign of Weakness' - Bradley A. Smith, a former FEC commissioner and the head of the Center for Competitive Politics, a conservative advocacy group, says of the lawsuit: “This is a sign of weakness by a group that’s afraid they’re going to lose, and lose big. Again and again, you see evidence that their real purpose is to try to shut down their political opposition.” Smith and other conservatives say Democrats want to “chill” free speech. [New York Times, 4/21/2011]
FEC Will Refuse to Consider Accompanying Petition - In December 2011, the FEC will refuse to consider an accompanying petition on a 3-3 vote. [Commission, 12/16/2011; Commission, 12/16/2011] The vote is along partisan lines, with the three Democrats on the commission voting to consider the petition and the three Republicans voting against. The law prohibits the FEC from having a majority of commissioners from either party. [Think Progress, 1/21/2012]
Judge Will Rule in Favor of Plaintiff - In March 2012, a district judge will rule in favor of Van Hollen in the lawsuit (see March 30, 2012).

Entity Tags: Bipartisan Campaign Reform Act of 2002, Americans for Job Security, Barack Obama, American Action Network, Blair Latoff, Bradley A. (“Brad”) Smith, Steven D. Schwinn, US Chamber of Commerce, DISCLOSE Act of 2010, Chris Van Hollen, Fred Wertheimer, Federal Election Commission

Timeline Tags: Civil Liberties

Fareed Zakaria.Fareed Zakaria. [Source: ABC News / Think Progress]CNN political analyst Fareed Zakaria accuses billionaire television host, rumored presidential candidate, and “birther” enthusiast Donald Trump of promoting a racist “fantasy” to attack President Obama’s citizenship (see February 10, 2011, March 17, 2011, March 23, 2011, March 23, 2011, March 28, 2011, March 28-29, 2011, March 30, 2011, April 1, 2011, April 1, 2011, April 1-8, 2011, April 7, 2011, April 7, 2011, April 7-10, 2011, April 7, 2011, April 10, 2011, April 14-15, 2011, and April 21, 2011). The “birther” issue is “coded racism,” Zakaria writes. “I don’t think there’s any other word for it.… Put it this way: If the president was a white man named John Smith with the other background issues being the same—foreign student father, mother in Hawaii, etc.—would there be any of these dark insinuations? Trump should be ashamed of himself. But then, I suppose, he wouldn’t be Donald Trump.” [CNN, 4/22/2011]

Entity Tags: Barack Obama, Fareed Zakaria, Donald Trump

Timeline Tags: Domestic Propaganda

WikiLeaks, a non-profit whistleblower group, releases some files on about 750 prisoners held at the US-run prison in Guantanamo, Cuba. This covers all but about 15 of the prisoners who have passed through the prison since it opened in early 2002 (see January 11, 2002). Nearly all of the prisoners were accused of belonging to al-Qaeda or the Taliban, or associated Islamist militant groups. The files were written by US military intelligence officials between the prison’s opening and January 2009. They contain assessments on whether each prisoner should remain in US custody, be imprisoned by another country, or be set free. Most of the prisoners have been released over the years, and no new prisoners have been sent to Guantanamo since 2007, but 172 prisoners remain at Guantanamo in April 2011. Seven news organizations—the New York Times, The Guardian, McClatchy Newspapers, the Washington Post, El Pais, Der Spiegel, and NPR (National Public Radio)—were given early access to the files by WikiLeaks in order to vet and analyze them. Their publication was sped up when the New York Times prepared to publish them after claiming to get copies of them from another unnamed source. The Obama administration immediately condemns the publication of the classified information in the files. [New York Times, 4/24/2011; New Yorker, 4/25/2011]
Files Often Contain Dubious Evidence - Journalists who analyze the files question the accuracy of their prisoner assessments. The New York Times comments that the files “show that the United States has imprisoned hundreds of men for years without trial based on a difficult and strikingly subjective evaluation of who they were, what they had done in the past, and what they might do in the future.” Furthermore, the files “reveal that the analysts sometimes ignored serious flaws in the evidence—for example, that the information came from other detainees whose mental illness made them unreliable. Some assessments quote witnesses who say they saw a detainee at a camp run by al-Qaeda but omit the witnesses’ record of falsehood or misidentification. They include detainees’ admissions without acknowledging other government documents that show the statements were later withdrawn, often attributed to abusive treatment or torture.” [New York Times, 4/24/2011] The Guardian comments that Guantanamo has been “a place that portrayed itself as the ultimate expression of a forensic and rational war run by the most sophisticated power on the planet, with the best intelligence available. The reality was an almost random collection of [prisoners who were] the bad, the accidental, and the irrelevant.” [Guardian, 4/25/2011] McClatchy Newspapers comments: “The world may have thought the US was detaining a band of international terrorists whose questioning would help the hunt for Osama Bin Laden or foil the next 9/11. But [the files] not meant to surface for another 20 years shows that the military’s efforts at Guantanamo often were much less effective than the government has acknowledged. Viewed as a whole, the secret intelligence summaries help explain why in May 2009 President Barack Obama, after ordering his own review of wartime intelligence, called America’s experiment at Guantanamo ‘quite simply a mess.’”
Files Dependant on Dubious Informants - McClatchy further claims that the files were “tremendously dependant on informants—both prison camp snitches repeating what they’d heard from fellow captives and self-described, at times self-aggrandizing, alleged al-Qaeda insiders turned government witnesses who Pentagon records show have since been released.” The information in the files is based on other sources, including intelligence documents and some confessions. [McClatchy Newspapers, 4/24/2011] The New York Times similarly comments that “Guantanamo emerges from the documents as a nest of informants, a closed world where detainees were the main source of allegations against one another and sudden recollections of having spotted a fellow prisoner at an al-Qaeda training camp could curry favor with interrogators.” [New York Times, 4/24/2011]
Files Also Based on Torture and Legally Questionable Methods - The files rarely mention the abuse and torture scandals concerning treatment of US prisoners in Guantanamo, in secret CIA prisons, in other overseas US-run prisons, and in prisons run by some US allies where the use of torture was more widespread. However, there are hints. For instance, one file on an Australian man sent to Guantanamo in 2002 mentions that he confessed while “under extreme duress” and “in the custody of the Egyptian government” to training six of the 9/11 hijackers in martial arts. But despite the apparent seriousness of this accusation, he was released in early 2005. Additionally, important prisoners such as Abu Zubaida held in secret CIA prisons were shown photos of Guantanamo prisoners and asked about them around the time they were subjected to waterboarding and other torture methods. The interrogations of Zubaida, who was waterboarded many times (see May 2003), are cited in over 100 prisoner files. However, his accusations against others have been systematically removed from government filings in court cases in recent years, which would indicate that officials are increasingly doubtful about his reliability and/or the legality of his tortured confessions. Also, many foreign officials were allowed to interrogate some prisoners in Guantanamo, including officials from China, Russia, Saudi Arabia, Jordan, Yemen, Kuwait, Algeria, and Tajikistan. Information in some files comes from these legally questionable interrogation sessions. [McClatchy Newspapers, 4/24/2011; New York Times, 4/24/2011] One well-known case of torture involved Mohamed al-Khatani, the alleged 20th 9/11 hijacker (see December 2001). While being held in Guantanamo, he was interrogated for months with techniques that the senior Bush administration official in charge of bringing Guantanamo prisoners to trial later said legally met the definition of torture (see August 8, 2002-January 15, 2003 and January 14, 2009). His file says, “Although publicly released records allege detainee was subject to harsh interrogation techniques in the early stages of detention,” his confessions “appear to be true and are corroborated in reporting from other sources.” Claims al-Khatani made regarding 16 other Guantanamo prisoners are mentioned in their files without any caveats about the interrogation methods used on him. [New York Times, 4/24/2011]
Some Prisoners Unjustly Held - Some prisoners appear to be clearly innocent, and yet they often were held for years before being released. Some prisoners are still being held even though their files indicate that their interrogators are not even sure of their identities. In some cases, prisoners were held for years not because they were suspected of any crime, but because it was thought they knew useful information. For instance, files show one prisoner was sent to Guantanamo because of what he knew about the secret service of Uzbekistan. [McClatchy Newspapers, 4/24/2011; New York Times, 4/24/2011] In a cruel twist of fate, one man, Jamal al-Harith, appears to have been imprisoned mainly because he had been imprisoned by the Taliban. His file states, “He was expected to have knowledge of Taliban treatment of prisoners and interrogation tactics.” [Guardian, 4/25/2011]
Prisoner Releases Based More on Luck than Evidence - The New York Times claims the determination of which prisoners were released has mostly been a “lottery” that was largely based on which country the prisoner came from. “Most European inmates were sent home, despite grave qualms on the analysts’ part. Saudis went home, even some of the most militant, to enter the rehabilitation program; some would graduate and then join al-Qaeda in the Arabian Peninsula. Yemenis have generally stayed put, even those cleared for release, because of the chaos in their country. Even in clearly mistaken arrests, release could be slow.” [New York Times, 4/24/2011] In 2009, the new Obama administration put together a task force that re-evaluated the 240 prisoners remaining at Guantanamo. However, these more recent assessments remain secret. [New York Times, 4/24/2011]

Entity Tags: WikiLeaks, Jamal al-Harith, US Military, Guantanamo Bay Naval Base, Mohamed al-Khatani, Barack Obama, Abu Zubaida

Timeline Tags: Complete 911 Timeline

Michelle Goldberg.Michelle Goldberg. [Source: Guardian]Author and journalist Michelle Goldberg examines the racial prejudice behind Donald Trump’s recent spate of attacks on President Obama’s citizenship and integrity (see February 10, 2011, March 17, 2011, March 23, 2011, March 23, 2011, March 28, 2011, March 28-29, 2011, March 30, 2011, April 1, 2011, April 1, 2011, April 1-8, 2011, April 7, 2011, April 7, 2011, April 7-10, 2011, April 7, 2011, April 7, 2011, April 10, 2011, April 14-15, 2011, and April 21, 2011). Trump has recently alleged that Obama was a “terrible student” in college who would not have made it into Ivy League universities such as Columbia and Harvard without some sort of racial bias (see April 26, 2011). Goldberg says Trump is mining the “fever swamps” of the far-right conspiratists for his allegations. Goldberg tracks claims about Obama’s educational history back to a 2008 editorial in the Wall Street Journal that challenged Obama to release his college transcripts to prove that he was not a “mediocre student who benefited from racial preference” (see September 11, 2008). The Journal overlooked the fact that Obama made the Harvard Law Review and graduated with honors from that university’s law school. In recent years, “birther” lawyer Orly Taitz, who has introduced forgeries of Kenyan “birth certificates” into evidence in court as “proof” that Obama is not a US citizen (see August 1-4, 2009), has issued a number of allegations about Obama’s college years. Currently she claims he must have been a foreign exchange student in order to get into Columbia University, saying: “That might be one of the reasons why his records are not unsealed. If his records show he got into Columbia University as a foreign exchange student, then we have a serious issue with his citizenship.” She also disputes Columbia’s records of Obama’s graduation from that university, saying that Obama left school after nine months, and offers as proof a document from the National Student Clearinghouse that lists Obama’s dates of attendance as September 1982 to May 1983. However, Kathleen Dugan of the National Student Clearinghouse says Taitz’s search inputs were incorrect, and thusly yielded incorrect data. Taitz also continues to promote the debunked theory that Obama’s 1983 visit to Pakistan proves he is not a citizen (see Around June 28, 2010), and speculates that he visited Pakistan, not for a month or so, “but a year and a half.” Taitz ties the disparate threads of her conspiracy—Obama the poor student benefiting from racial bias, Obama the foreign national, Obama the closet Muslim—into a single theory: she claims that Saudi Prince Alwaleed bin Talal engineered Obama’s acceptance into Harvard Law School, paid his way through school, and worked behind the scenes to get Obama the position of editor of the Law Review. The Saudi prince was introduced to Obama by African-American Muslim radical activist Khalid Al-Mansour, Taitz says (see July 21, 2009). She confirms that she has been in contact with Trump and has forwarded all of her information to him. Goldberg writes: “It’s easy enough to see why this particular narrative has endured. Not only does it position the president as a Muslim Manchurian candidate with longtime ties to agents of the caliphate, but it also assures resentful whites that this seemingly brilliant black man isn’t so smart after all. In that sense, it’s of a piece with the right-wing obsession with Obama’s use of a teleprompter, and with the widespread suspicion that he didn’t really write the eloquent Dreams From My Father, a claim Trump recently made at a Tea Party rally. Obama, in this view, is both sinister and stupid, canny enough to perpetrate one of the biggest frauds in American history but still the ultimate affirmative-action baby. Trump is clearly not as intelligent as Obama, but he’s not an idiot, either. When he blows this particular dog whistle, he knows exactly what the Republican base is hearing.” [Daily Beast, 4/26/2011]

Entity Tags: National Student Clearinghouse, Alwaleed bin Talal, Barack Obama, Donald Trump, Kathleen Dugan, Wall Street Journal, Orly Taitz, Khalid Abdullah Tariq al-Mansour, Michelle Goldberg

Timeline Tags: Domestic Propaganda

A portion of President Obama’s ‘long form’ birth certificate.A portion of President Obama’s ‘long form’ birth certificate. [Source: White House / WorldNetDaily (.com)]President Obama releases his “long form” birth certificate for public view, in an attempt to put questions about his citizenship to rest. White House communications director Dan Pfeiffer says in a statement: “The president believed the distraction over his birth certificate wasn’t good for the country. It may have been good politics and good TV, but it was bad for the American people and distracting from the many challenges we face as a country.” In 2008, Obama released an official copy of his birth certificate (see June 13, 2008), but many so-called “birthers” have said that “short form” certificate did not fully prove his Hawaiian birth. In his statement, Pfeiffer notes that the “short form” certificate is “the same legal documentation provided to all Hawaiians as proof of birth in state, and the campaign immediately posted it on the Internet.… When any citizen born in Hawaii requests their birth certificate, they receive exactly what the president received. In fact, the document posted on the campaign Web site is what Hawaiians use to get a driver’s license from the state and the document recognized by the federal government and the courts for all legal purposes. That’s because it is the birth certificate. This is not and should not be an open question.” Pfeiffer says: “At a time of great consequence for this country—when we should be debating how we win the future, reduce our deficit, deal with high gas prices, and bring stability to the Middle East, Washington, DC, was once again distracted by a fake issue. The president’s hope is that with this step, we can move on to debating the bigger issues that matter to the American people and the future of the country.… Therefore, the president directed his counsel to review the legal authority for seeking access to the long form certificate and to request on that basis that the Hawaii State Department of Health make an exception to release a copy of his long form birth certificate. They granted that exception in part because of the tremendous volume of requests they had been getting.” [Hawaii Department of Health, 8/4/1961 pdf file; Associated Press, 4/27/2011; White House, 4/27/2011]
Signed, Certified as True and Valid - The certificate is signed by the delivery doctor, Obama’s mother, and the local registrar. It certifies that Barack Hussein Obama II was born at 7:24 p.m. on August 4, 1961, to Stanley Ann Dunham Obama at Kapiolani Maternity and Gynecological Hospital in Honolulu. It does not mention religion. Obama’s father, Barack Hussein Obama, is noted as being born in Kenya, and his mother as being born in Wichita, Kansas. The Hawaiian registrar certifies the new photocopy of the document provided to the White House on April 25 as being a true and valid copy. The White House also releases a letter from Obama on April 22 requesting two certified copies of his original certificate of live birth. The Hawaii Department of Health does not, by law, release the actual birth certificate, but the department makes an exception for Obama given his “status as president of the United States.” Also released is a letter from Loretta Fuddy, Hawaii’s director of health, approving the request. In her approval letter, Fuddy wrote that she hopes the release “will end the numerous inquiries” received by her office. “Such inquiries have been disruptive to staff operations and have strained state resources,” Fuddy wrote. Obama’s personal lawyer, Judith Corley, flew to Hawaii to pick up the documents and brought them back to Washington. She returned with the documents around 5 p.m. April 26.
Obama: 'We Do Not Have Time for This Kind of Silliness' - Obama says during a morning press conference that he has been both amused and puzzled by the degree to which his place of birth has become an issue. “We do not have time for this kind of silliness,” he says. “This issue has been going on for two, two and a half years now. I think it started during the campaign. I have watched with bemusement, I’ve been puzzled at the degree at which this thing just kept on going.” The country needs to come together to work on critical issues, he says, but “we’re not going to be able to do it if we are distracted. We’re not going to be able to do it if we spend time vilifying each other. We’re not going to be able to do it if we just make stuff up and pretend that facts are not facts. We’re not going to be able to solve our problems if we get distracted by sideshows and carnival barkers.”
Trump Takes Credit, RNC Blames Obama for Controversy - Billionaire entrepeneur and television host Donald Trump has reignited the controversy in recent weeks (see February 10, 2011, March 17, 2011, March 23, 2011, March 23, 2011, March 28, 2011, March 28-29, 2011, March 30, 2011, April 1, 2011, April 1, 2011, April 1-8, 2011, April 7, 2011, April 7, 2011, April 7-10, 2011, April 7, 2011, April 7, 2011, April 10, 2011, April 14-15, 2011, April 21, 2011, April 26, 2011, and April 26, 2011) as part of his apparent 2012 presidential campaign bid. Though neither Obama nor Pfeiffer mention Trump by name, he takes full credit for the release. “He should have done it a long time ago. I am really honored to play such a big role in hopefully, hopefully getting rid of this issue,” Trump says during a visit to New Hampshire. Trump says he is not yet convinced of the certificate’s authenticity, saying that he and his people are “going to look at it. We have to see if it’s real, if it’s proper.… It’s amazing that all of a sudden it materializes. Why he didn’t do it when the Clintons asked for it. Why he didn’t do it when everyone else was asking about it, I don’t know.” However, Trump says he is “sure it’s the right deal” and is looking forward to moving on to more important issues such as OPEC and China. Trump and other “birthers” have alleged that the long form birth certificate contains information Obama wanted to hide from public view, when in fact the two different versions of the certificate contain virtually the same information. The long form includes the signatures of Obama’s mother and the attending physician. Republican National Committee chairman Reince Priebus calls the issue a distraction, but blames Obama for playing “campaign politics” by addressing it. “The president ought to spend his time getting serious about repairing our economy,” he says. “Unfortunately his campaign politics and talk about birth certificates is distracting him from our number one priority—our economy.” [Associated Press, 4/27/2011; Associated Press, 4/27/2011; USA Today, 4/27/2011; WorldNetDaily, 4/27/2011] Trump also demands that Obama release his complete college transcripts. [Real Clear Politics, 4/27/2011]
Questions from CNN - Some observers feel the White House may have been spurred to release the certificate in part because of questions about the controversy from mainstream media reporters. On April 26, White House press secretary Jay Carney was asked a question about Obama’s birth status by CNN’s Ed Henry, at the same time CNN’s Anderson Cooper was airing a “definitive investigation” into the controversy that debunked the “birther” conspiracy theory and attacked Trump for feeding the controversy. Carney called the question “preposterous” and the controversy “a distraction” that had been “settled,” but Henry continued to pursue the issue. [Huffington Post, 4/26/2011]

Entity Tags: Judith Corley, Loretta Fuddy, Jay Carney, Reince Priebus, Hawaii Department of Health, Barack Obama, Sr, Donald Trump, Ann Dunham, Barack Obama, Dan Pfeiffer, Ed Henry

Timeline Tags: Domestic Propaganda, 2012 Elections

Conservative radio host Laura Ingraham tells her listeners that President Obama’s decision to present his “long form” birth certificate as proof of his US citizenship (see April 27, 2011) proves his 2012 re-election campaign will hinge on race. After playing a montage of audio clips from commentators accusing Obama of racism, or saying that his campaign will focus on race, she tells her audience: “It’s official. The Obama campaign is going to run on race. No? They might not say that, but let there be no misunderstanding of where this is going. This is going right to the heart of liberalism. Liberals see people, not as individuals who are capable of anything if given the opportunity, and freed up and loosened from the bonds of government regulation and bureaucratic restraints. No. They see people as a certain color, or a certain gender, or a certain sexual orientation. They have to be put in these boxes. The favorites boxes of the bean counters. Liberals have always looked at people that way. The truth about race, and this president, is not a pretty truth.… The truth about this administration and race goes right to the core of what liberalism has done to the black family, to minorities in general. The great diversion of liberalists has always been to drop the charges of racism, the spurious and the negative and the perjorative charges of racism [against conservatives], every time they are proven to be incorrect and the way they approach a problem” (see September 4, 1949, and After, March 12, 1956 and After, 1969-1971, 1978-1996, 1980, 1981, March 15, 1982, 1983, June-September 1988, 1990, September 1995, August 16, 1998, March 1-2, 2001, August 29, 2001, March 15, 2002, July 15, 2002, August 2002, September 26, 2002 and After, August 5, 2003, September 28 - October 2, 2003, May 17, 2004, May 18, 2004, October 9-13, 2004, November 15, 2004, November 26, 2004, December 5-8, 2004, December 8, 2004, May 10, 2005, September 28-October 1, 2005, September 30 - October 1, 2005, September 30, 2005, 2006, March 29, 2006, December 2006, January 19, 2007 and After, January 24, 2007, April 2007, April 2, 2007, July 22, 2007, August 21, 2007, September 22, 2008, October 8-10, 2008, October 24, 2008, January 6-11, 2008, November 10, 2008, January 25, 2008, January 31, 2008, February 1, 2008, February 28, 2008, May 19, 2008, June 2, 2008, June 6, 2008, June 26, 2008, August 1, 2008 and After, August 4, 2008, August 4, 2008, August 19, 2008, August 25, 2008, October 7, 2008, October 20, 2008, October 22, 2008, October 28, 2008, November 18, 2008, January 18, 2009, February 24-26, 2009, March 3, 2009, April 7-8, 2009, May 26, 2009, May 26, 2009, May 27, 2009, May 27-29, 2009, May 28, 2009, May 29, 2009, May 31, 2009, June 2, 2009, June 5, 2009, June 7, 2009, June 12, 2009, June 20, 2009, June 25, 2009, July 8, 2009, July 16, 2009, July 21, 2009, July 23, 2009, July 23, 2009, July 27, 2009, July 28, 2009, July 28-29, 2009, August 8, 2009, August 12, 2009, August 19, 2009, September 2009, September 14, 2009, October 13, 2009, February 25, 2010, March 20, 2010, July 14, 2010, July 15, 2010, September 11, 2010, September 12, 2010, September 12, 2010 and After, September 15, 2010, September 18, 2010, September 21, 2010, September 24, 2010, October 22-23, 2010, November 9, 2010, November 12, 2010, December 22, 2010, January 14, 2011, February 20, 2011, March 2011, March 19-24, 2011, April 1, 2011, April 5, 2011, April 14-15, 2011, April 15, 2011, April 22, 2011, April 26, 2011, April 26, 2011, April 26, 2011, April 26, 2011, April 26, 2011, April 27, 2011, April 27, 2011, April 27, 2011, April 27, 2011, April 27, 2011, April 27, 2011, and April 28, 2011). Liberals, Ingraham says, rely on racial politics, divisiveness, and “class warfare” to succeed in the political arena. “[I]n the end,” she says, “it’s kind of all they have, that and abortion.” She derides people “on the left” for attacking billionaire television host and enthusiastic “birther” Donald Trump for being racist (see April 14-15, 2011, April 26, 2011, April 27, 2011, April 27, 2011, and April 28, 2011). Any such charges, she says, are ridiculous. But those charges will be used by anyone who criticizes Trump for his challenge to Obama’s citizenship, she predicts, and cites Trump’s recent exhortation for Obama to “get off the basketball court” and focus on national issues as an example of an unfair charge of racism (see April 27, 2011). “And the very thing the left always starts to accuse the right of is what they are most guilty of,” she says. [Media Matters, 4/28/2011] Ingraham has had her own issues with racism and gender (see 1984, April 1997, and July 17, 2009).

Entity Tags: Barack Obama, Laura Ingraham, Donald Trump

Timeline Tags: Domestic Propaganda, 2012 Elections

Osama bin Laden’s killing by US forces on May 2, 2011 (see May 2, 2011) reignites the debate about the usefulness of the torture techniques used by US intelligence. The debate centers on how US intelligence learned about bin Laden’s location and whether the torture of prisoners helped find him.
Courier Provides the Key Lead - According to Obama administration officials, bin Laden was located through US intelligence agencies’ “patient and detailed intelligence analysis” of “a mosaic of sources,” including evidence garnered from detained inmates at Guantanamo Bay. The first clue to bin Laden’s whereabouts came when US intelligence learned of an al-Qaeda courier that worked with bin Laden, Ibrahim Saeed Ahmed, who used the pseudonym “Abu Ahmed al-Kuwaiti.” Ahmed is one of those killed during the Abbottabad raid. US intelligence had known of Ahmed since 2002, after a Kuwaiti detainee told interrogators about him, and it has taken this long for CIA and other intelligence officers to identify him, locate him, track his communications, and then follow him to the large and well fortified compound in Abbottabad.
Do Bush Administration Techniques Deserve Credit? - Some former Bush administration officials, such as former Defense Secretary Donald Rumsfeld and former Justice Department legal adviser John Yoo, claim that the Bush administration and not the Obama administration deserves the credit for finding bin Laden. According to a report in the Christian Science Monitor, “the former director of the CIA’s Counterterrorism Center, Jose Rodriguez, said the first important leads about Kuwaiti came from alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) and Abu Faraj al-Libbi, the third-ranking al-Qaeda leader at the time of his capture.” KSM was repeatedly waterboarded (see March 7 - Mid-April, 2003). [Christian Science Monitor, 5/5/2011] Former Attorney General Michael Mukasey states that the path to bin Laden “began with a disclosure from Khalid Shaikh Mohammed, who broke like a dam under the pressure of harsh interrogation techniques that included waterboarding. He loosed a torrent of information—including eventually the nickname of a trusted courier of bin Laden.” [Wall Street Journal, 5/2/2011]
Rebuttal from CIA Director Panetta - However, according to information in a letter CIA Director Leon Panetta sends to Senator John McCain, these assertions are false or misleading. In the letter, Panetta says: “Nearly 10 years of intensive intelligence work led the CIA to conclude that bin Laden was likely hiding at the compound in Abbottabad, Pakistan. There was no one ‘essential and indispensible’ key piece of information that led us to this conclusion. Rather, the intelligence picture was developed via painstaking collection and analysis. Multiple streams of intelligence—including from detainees, but also from multiple other sources—led CIA analysts to conclude that bin Laden was at this compound. Some of the detainees who provided useful information about the facilitator/courier’s role had been subjected to enhanced interrogation techniques. Whether those techniques were the ‘only timely and effective way’ to obtain such information is a matter of debate and cannot be established definitively. What is definitive is that that information was only a part of multiple streams of intelligence that led us to bin Laden. Let me further point out that we first learned about the facilitator/courier’s nom de guerre from a detainee not in CIA custody in 2002. It is also important to note that some detainees who were subjected to enhanced interrogation techniques attempted to provide false or misleading information about the facilitator/courier. These attempts to falsify the facilitator/courier’s role were alerting. In the end, no detainee in CIA custody revealed the facilitator/courier’s full true name or specific whereabouts. This information was discovered through other intelligence means.” [Washington Post, 5/16/2011]
Officials Says Torture Techinques Played No Role - Also, nine US military interrogators and intelligence officials state in an open letter: “The use of waterboarding and other so-called ‘enhanced’ interrogation techniques almost certainly prolonged the hunt for bin Laden and complicated the jobs of professional US interrogators who were trying to develop useful information from unwilling sources like Khalid Sheikh Mohammed. Reports say that Khalid Shaikh Mohammed and Abu Faraq al-Libi did not divulge the nom de guerre of a courier during torture, but rather several months later, when they were questioned by interrogators who did not use abusive techniques.” [Human Rights First, 5/4/2011]

Entity Tags: Jose Rodriguez, Jr., Khalid Shaikh Mohammed, Obama administration, Osama bin Laden, Leon Panetta, John C. Yoo, Michael Mukasey, Central Intelligence Agency, Ibrahim Saeed Ahmed, Abu Faraj al-Libbi, Donald Rumsfeld, Barack Obama, Al-Qaeda, Bush administration (43)

Timeline Tags: Torture of US Captives, Complete 911 Timeline, War in Afghanistan

Eric Bolling, the host of the Fox Business Channel talk show Follow The Money, reads a list of people his viewers say they want waterboarded. The list includes President Obama. Bolling is doing a segment on his viewers’ reaction to the death of Osama bin Laden (see May 2, 2011), and insists, despite claims from Obama administration members and informed outsiders, that bin Laden was located “through waterboarding, simple as that” (see Autumn 2003, August 6, 2007, December 2-4, 2008, December 11, 2008, and March 29, 2009). (Later in the segment, some of his guests dispute that claim.) Bolling says he asked viewers who they wanted to see waterboarded. The respondents, through Facebook, named, among others: “Senate Dems… and then Obama… then the kooks on [the ABC morning talk show] ‘The View,’ starting with Joy” Behar; “Alan Colmes… [t]he secrets of the left-wing cabal will come pouring out of that boy”; “[m]y ex-wife!”; progressive talk show hosts Keith Olbermann and Rachel Maddow; and the far-right, virulently anti-gay Westboro Baptist Church. Bolling concludes the segment with some jocularity with his guests, and jokingly offers to be waterboarded himself. [Media Matters, 5/5/2011]

Entity Tags: Keith Olbermann, Barack Obama, Alan Colmes, Eric Bolling, Obama administration, Fox Business Channel, Westboro Baptist Church, Rachel Maddow, Osama bin Laden, Joy Behar

Timeline Tags: Torture of US Captives, Domestic Propaganda

The Center for Responsive Politics (CRP), a nonpartisan campaign finance watchdog organization, finds that independent organizations supporting Republicans and Democrats are spending unprecedented amounts of money on supporting, or more often attacking, candidates for office. The huge rise in spending comes as a direct result of the Citizens United decision that allowed corporations and labor unions to spend unlimited amounts of money on campaign donations (see January 21, 2010). While organizations are spending huge amounts of money on both sides of the political divide, spending for conservative candidates outweighs spending on liberal candidates by an 8-1 margin. CRP’s analysis finds that the increased spending helped Republicans retake the US House of Representatives in 2010, and is having a long-term effect on the nation’s campaign and election systems. [Center for Responsive Politics, 5/5/2011; Think Progress, 5/6/2011]
Most Democratic Spending Comes from Unions - Labor unions gave over $17.3 million in independent expenditures opposing Republican candidates. The union contributing the most: the American Federation of State County and Municipal Employees (AFSCME), with over $7 million. The National Education Association (NEA) formed a “super PAC” (see March 26, 2010) that spent $3.3 million on election activities. Super PACs must disclose their donors and the amounts donated (see 2000 - 2005), but an array of groups under the 501(c) tax laws do not have to disclose that information (see September 28, 2010).
Corporations Spend Lavishly for Republicans - While corporations donated some money to Democratic causes, most of their money went to Republicans. Corporations gave over $15 million to super PACs such as American Crossroads, which supports an array of conservative candidates. CRP notes that conservative groups that do not have to disclose their donors spent $121 million, and corporations and wealthy individuals were the likely sources of almost all of that money.
Secret Donations on the Rise - In the 2006 elections, the percentage of spending from groups that do not disclose their donors was 1 percent. In 2010, it was 47 percent. “Nonprofit” organizations that can legally hide their donors and donations increased their spending from zero percent in 2006 to 42 percent in 2010. For the first time in over 20 years, outside interest groups outspent party committees, by $105 million. The amount of independent expenditure and electioneering communication spending by outside groups has gone up 400 percent since 2006. And 72 percent of political advertising spending by outside groups in 2010 came from sources that were prohibited from spending money in 2006. [Center for Responsive Politics, 5/5/2011]

Entity Tags: American Crossroads, American Federation of State County and Municipal Employees, US House of Representatives, National Education Association, Center for Responsive Politics

Timeline Tags: Civil Liberties

Lawyer James Bopp Jr. forms a super PAC, Republican Super PAC Inc., in order to make unlimited financial contributions towards “independent” expenditures in support of Republican candidates in the November 2012 elections. Bopp is joined by Roger Villere, the chairman of the Louisiana Republican Party. Bopp is known for arguing high-profile cases against abortion rights (see November 1980 and After and Mid-2004 and After) and campaign finance regulations (see December 10, 2003 and Mid-2004 and After). He was the lawyer who first worked with the lobbying and advocacy group Citizens United, whose lawsuit gave the Supreme Court the opportunity to greatly deregulate campaign finance law (see January 10-16, 2008, March 24, 2008, and January 21, 2010). According to an email from Bopp and Villere, the Republican Super PAC will coordinate with other independent groups “to bridge gaps in the independent campaigns supporting Republican candidates.… The best way to neutralize President Obama’s unprecedented $1 billion political war chest and the political spending by labor unions and wealthy Democrats is to build a super fund-raising infrastructure for independent expenditure spending.” [New York Times, 5/16/2011] The majority of the money raised and spent on behalf of candidates by super PACs has gone to support Republicans, and not President Obama or Democratic candidates (see January 21-22, 2010, March 26, 2010, August 2, 2010, September 13-16, 2010, September 21 - November 1, 2010, September 28, 2010, October 2010, Around October 27, 2010, November 1, 2010, (May 4, 2011), and May 5, 2011).

Entity Tags: Roger Villere, James Bopp, Jr, US Supreme Court, Republican Super PAC Inc, Barack Obama

Timeline Tags: Civil Liberties

Four of Fox News’s presumptive presidential candidates. Clockwise from upper left: Sarah Palin, Newt Gingrich, Rick Santorum, and Mike Huckabee.Four of Fox News’s presumptive presidential candidates. Clockwise from upper left: Sarah Palin, Newt Gingrich, Rick Santorum, and Mike Huckabee. [Source: Huffington Post]New York Magazine reporter Gabriel Sherman profiles Fox News chairman Roger Ailes (see October 7, 1996), who also serves as a Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988). According to close friends and advisers to Ailes interviewed by Sherman, Ailes wants far more than the continued ratings and advertiser success of Fox News—he wants the network to steer one of its own into the White House in 2012 (see October 2008). He is tremendously influential; a Republican strategist tells Sherman: “You can’t run for the Republican nomination without talking to Roger. Every single candidate has consulted with Roger.”
Letdown? - Ailes has been keenly disappointed in the results of his network’s official and unofficial candidates so far. Former Alaska governor and Fox commentator Sarah Palin (see September 15-16, 2010), who has not yet announced her candidacy for the Republican presidential nomination, is polling at around 12 percent among Republican voters. Official presidential candidates Newt Gingrich, the former speaker of the House, and Rick Santorum, a former senator, who both are commentators for Fox, have even lower numbers, at 10 percent and 2 percent respectively. Ailes has asked Governor Chris Christie (R-NJ), who is not a Fox employee, to run; until recently, Fox News was enthusiastically promoting the putative presidential run of billionaire “birther” Donald Trump (see March 17, 2011). Ailes has envisioned General David Petraeus as a potential candidate, but Petraeus has instead accepted the post of CIA director. “He thinks things are going in a bad direction,” says a Republican close to Ailes. “Roger is worried about the future of the country. He thinks the election of [President] Obama is a disaster.” None of the current crop of candidates meets Ailes’s expectations. Ailes is particularly disappointed in Palin; according to the same Republican, Ailes considers her “an idiot”: “He thinks she’s stupid. He helped boost her up. People like Sarah Palin haven’t elevated the conservative movement.” After Democratic Representative Gabrielle Giffords was shot in January 2011, and other media outlets focused on Palin’s use of gunsight graphics to “target” Giffords and other vulnerable Democrats in the 2010 election (see March 24, 2010), according to Sherman, “Ailes recognized that a Fox brand defined by Palin could be politically vulnerable.” After the Giffords shooting, Ailes told an interviewer, “I told all of our guys, ‘Shut up, tone it down, make your argument intellectually.’” Ailes was infuriated when Palin refused his advice to remain quiet until after the memorial service, and accused her critics of committing “blood libel,” a phrase often seen as anti-Semitic. The problem with Palin was further exacerbated when she argued about the amount of work Fox expects her to do: she does not want to host special broadcasts or other tasks the network expects of her. In March 2011, Fox suspended the contracts of Gingrich and Santorum so they could run their campaigns without legal or ethical entanglements. Shortly thereafter, Huckabee chose to remain at Fox and abandon his plans for a primary challenge. The network is still waiting for Palin’s decision whether to run for president.
Creation of the Tea Party - While Ailes and Fox News did not directly create the “tea party” “grassroots” movement, Ailes was involved in its creation and promotion from its outset (see February 19, 2009, February 27, 2009, and April 15, 2009). Ailes has always been somewhat leery of having Fox News too closely associated with the burgeoning movement (see March 13, 2009 and After, March 23-24, 2009, April 2, 2009, April 6-7, 2009, April 6-13, 2009, April 8, 2009, April 13-15, 2009, April 15, 2009, April 15, 2009, April 16, 2009, May 13-14, 2009, July 28, 2009, August 3, 2009, August 28, 2009, September 12, 2009, and September 12, 2010), and at one point banned Fox News host Sean Hannity from hosting a tea party rally. However, according to Sal Russo, a former Reagan aide and the founder of the national Tea Party Express tour, “There would not have been a tea party without Fox.” Fox News has promoted a number of successful “tea party” candidates (see May 14, 2008 - February 2010), including former host John Kasich (see March 27, 2008 - June 1, 2009 and After), who won the Ohio gubernatorial election in 2010. Before that election, Gingrich, still a Fox News commentator at the time, said that he was confident the “tea party” would evolve into “the militant wing of the Republican Party” (see April 21, 2010). Ailes used some of the same “astroturf” tactics (see February 27, 2009 and April 14, 2009) in developing the “tea party” as he did when he represented tobacco companies such as R.J. Reynolds, creating phony, seemingly independent “front” groups to push the “tea party” messages in the media. [New York Magazine, 5/22/2011]

Entity Tags: John Kasich, Donald Trump, David Petraeus, Christopher J. (“Chris”) Christie, Fox News, Gabrielle Giffords, Rick Santorum, Sal Russo, Gabriel Sherman, Newt Gingrich, Sean Hannity, Sarah Palin, Roger Ailes

Timeline Tags: Domestic Propaganda, 2012 Elections

Fox Business Channel host Eric Bolling uses a racial smear to characterize President Obama’s visit to Ireland and other European countries. Obama left for Europe shortly after a number of tornadoes caused heavy damage in parts of Missouri. On his Twitter account, Bolling says “Obama chugging 40s in IRE while tornadoes ravage MO.” He repeats the smear on his television show Follow the Money a few hours later. [Media Matters, 5/23/2011; Media Matters, 5/24/2011; Media Matters, 2/16/2012] The progressive media watchdog Web site Media Matters notes that Missouri authorities have praised the White House and the Federal Emergency Management Agency (FEMA) for their quick and effective response to the tornadoes. [Media Matters, 5/24/2011] The progressive news site Think Progress notes that Bolling’s reference to Obama “chugging 40s” is inaccurate and racially motivated. Obama was photographed drinking Guiness from a glass in an Irish pub. More importantly, Bolling’s reference is to malt liquor, usually sold in the US in 40-ounce bottles or cans. Think Progress reporter Alex Seitz-Wald writes: “Throughout the late 80s and 90s, 40 oz malt liquor was rolled out with ‘aggressive marketing campaigns aimed at minority drinkers,’ which often portrayed black actors and rappers in stereotypical or exploitative fashions. There is a fairly large body of academic literature exploring the relationship between malt liquor and African Americans.… Hip hop culture has appropriated malt liquor, with numerous songs with ‘40 oz’ in the title. ‘Rap artists have been popular images in malt liquor advertising and ‘gangsta’ rap performers portray malt liquor as a sign of masculinity,’” according to a 2005 study. Bolling is apparently trying to associate Obama with African-American street gang and rap culture. He is also apparently trying to portray Obama as having a drinking problem, a characterization with no evidence to back it. [Think Progress, 5/24/2011] After facing a barrage of criticism over his racially inflammatory remarks, Bolling attempts to clarify his remarks, saying he intended no racial connotations and merely attempted to imply that Obama is a drunkard. “I took some heat for saying Obama should have delayed his bar crawl, or whatever he’s doing over there,” he tells a Fox Business Channel audience. Media Matters observes: “That, of course, is not what he said. And Bolling did not explain why he thinks it’s OK to call Obama a binge drinker.” [Media Matters, 5/24/2011; Media Matters, 5/25/2011]

Entity Tags: Eric Bolling, Media Matters, Alex Seitz-Wald, Think Progress (.org), Fox Business Channel, Barack Obama

Timeline Tags: Domestic Propaganda

In response to reported discussions by the Obama administration on the possible issuance of an executive order forcing government contractors to disclose their political contributions (see April 20, 2011), Republicans in the House and Senate introduce legislation that would block such an order. Representative Tom Cole (R-OK) already successfully added a rider to a defense authorization bill that would block the order. Cole says he hopes that the White House will rethink the proposed executive order in light of the opposition from Congressional Republicans. “I am hoping they’re having second thoughts,” he tells a reporter. “This is the executive branch trying to legislate and use a very powerful weapon to do it. And not just legislate, but it is the executive branch trying to intimidate, in my opinion.” In the House, Representatives Cole, Darrell Issa (R-CA), and Sam Graves (R-MO) are sponsoring legislation against the order, while in the Senate, Senators Susan Collins (R-ME), Lamar Alexander (R-TN), Rob Portman (R-OH), and Minority Leader Mitch McConnell (R-KY) are introducing similar legislation. The bills prohibit federal agencies from collecting political information from government contractors as a condition for receiving a government contract. Cole says though his amendment is in the defense bill, he wants to ensure that government contractors are able to keep their political expenditures out of the public eye. “This is one of those things you attack from as many angles and avenues as you possibly can, because it is so important,” he says. “This will get less scrutiny in that process, and it’s a lot easier for Democrats in the Senate to avoid or to kill. A bill is a big statement.” Senate Democrats are likely to vote down the bills. Fred Wertheimer of Democracy 21, an advocacy group that stands for stricter campaign finance laws, says the Republican bills are “continuation[s] of abandonment of campaign finance disclosure by House Republicans, which began last year.” Wertheimer is referring to the DISCLOSE Act, legislation that would have forced outside political groups to disclose their donors, but was blocked by Republicans from coming to a vote (see July 26-27, 2010). Conservative donor organizations such as the US Chamber of Commerce (see January 21-22, 2010, July 26, 2010, August 2, 2010, October 2010, November 1, 2010, and February 10, 2011) support the Republican legislation. The Republican-led House Administration Committee has scheduled a hearing on the draft order. [The Hill, 5/26/2011]

Entity Tags: Obama administration, Darrell E. Issa, DISCLOSE Act of 2010, Fred Wertheimer, Mitch McConnell, US Senate, US Chamber of Commerce, Robert Jones (“Rob”) Portman, Sam Graves, US House of Representatives, Lamar Alexander, Susan Collins, Thomas Jeffery Cole

Timeline Tags: Civil Liberties

Former Republican Senator Rick Santorum (R-PA), joining the race to contend for the Republican presidential nomination, tells an audience at the Faith and Freedom Conference in Washington that America was a much better place before 1965, when the Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989) was enacted and the “welfare state” began. “Social conservatives understand that America was a great country because it was founded great,” Santorum says. “Our founders, calling upon in the Declaration of Independence, the supreme judge, calling upon divine providence, said what was at the heart of American exceptionalism.… ‘We hold these truths to be self-evident, that all men are created equal and endowed by our creator with certain inalienable rights.‘… Ladies and gentlemen, America was a great country before 1965.” Reporter David Love notes that in 1965, institutionalized racism was still the law in many areas of the country. Police brutalized voting rights protesters and civil rights workers were murdered without legal repercussions. The civil rights legislation enacted during this time began the variety of federal “safety net” programs such as food stamps, aid for mothers and their children, disabled citizens, and others, and also began stamping out institutionalized, legal racism. Medicare and Medicaid were enacted under the Social Security Act of 1965. The 1965 Omnibus Housing Act provided funds for building housing for indigent Americans, including many African-Americans. The federal government began funding public schools in 1965. And two years later, the courts used 1965 legislation to overturn laws against miscegenation—interracial marriage. Love concludes: “So the question remains, was America better before 1965? Well, it depends on your point of view. If you are a conservative who views the Great Society legacy as a big government intrusion into the lives of people, then the answer is yes. If you think government has no business protecting civil rights, funding schools and feeding hungry children, increasing economic opportunity, and promoting the arts, your answer will undoubtedly be yes. However, if you are an African-American who enjoys exercising the right to vote, or a senior who doesn’t want anyone touching your Medicare, or someone who believes the federal government has a role to play in fighting poverty, chances are you have a different view of things.” [The Grio, 6/7/2011]

Entity Tags: Rick Santorum, David A. Love, Omnibus Housing Act of 1965, Social Security Act of 1965, Voting Rights Act of 1965

Timeline Tags: Domestic Propaganda, 2012 Elections

Fazul Abdullah Mohammed and associate killed in Somalia 2011. (It is not clear which body is Mohammed’s.)Fazul Abdullah Mohammed and associate killed in Somalia 2011. (It is not clear which body is Mohammed’s.) [Source: Farah Abdi Warsameh / Associated Press]Fazul Abdullah Mohammed (a.k.a. Haroun Fazul), al-Qaeda’s alleged top leader in Eastern Africa, is killed in a shootout at a security checkpoint in Mogadishu, Somalia.
Fazul's Luck Runs Out - Fazul and another militant are driving in of militant-controlled parts Mogadishu at night, and they mistakenly drive up to a checkpoint run by opposing Somali government soldiers. They attempt to drive through the checkpoint, but they are shot and killed by the soldiers before they can escape. The soldiers initially have no idea who he is. But after they search the car and discover $40,000 in cash, several laptop computers, cell phones, and other equipment, they realize he must be an important foreigner. US officials then confirm his identity with a DNA test. A Somali security official says: “This was lucky. It wasn’t like Fazul was killed during an operation to get him. He was essentially driving around Mogadishu and got lost.”
Fazul's importance in East Africa - The US had put a $5 million bounty on Fazul, primarily because he was considered one of the masterminds of the 1998 US embassy bombings. He was also said to have played a key role in a 2002 Kenya bombing that killed fifteen. In addition to his role as long-time regional leader for al-Qaeda, it is said he also was a top field commander for the Shabab, an al-Qaeda-linked Islamist militant group in control of large parts of Somalia. He was involved in bomb attacks, helped raise money in the Arab world for Somali militants, and helped bring many militants from other countries to Somalia. He was from the Comoros Islands in the Indian Ocean. US Secretary of State Hillary Clinton says, “Fazul’s death is a significant blow to al-Qaeda, its extremist allies, and its operations in East Africa.” [New York Times, 6/11/2011]

Entity Tags: Hillary Clinton, Fazul Abdullah Mohammed, Shabab, Al-Qaeda

Timeline Tags: Complete 911 Timeline

A new “super PAC” aligned with presidential candidate Mitt Romney (R-MA) is being formed by a group of Romney backers and former Romney campaign aides, according to a report by the Washington Post. Super PACs are political organizations that exist to influence elections, which take unlimited amounts of outside money from donors, including individuals, unions, and corporations, and pool that money to advocate for or against a candidate (see March 26, 2010). By law, super PACs are supposed to operate independently of a candidate’s official campaign organization.
Restore Our Future - The Romney super PAC, “Restore Our Future” (ROF), is one of a number of such organizations created in the aftermath of the US Supreme Court’s Citizens United ruling (see January 21, 2010). Restore Our Future is apparently the first super PAC to form specifically in support of one of the 2012 presidential contenders, with the sole exception of Priorities USA Action, a super PAC in support of President Obama. ROF treasurer Charles R. Spies, who served as Romney’s general counsel in his 2008 presidential effort, refuses to disclose how much the organization has raised, or who is donating. Spies merely says: “This is an independent effort focused on getting Romney elected president. We will do that by focusing on jobs and his ability to fix the economy.” A Romney campaign aide says that a Federal Election Commission (FEC) filing coming up in July will show the organization having raised some $20 million. A major Romney donor who refuses to allow his identity to be revealed says, “We just want to show that we’ve got more dough than anyone.” The Romney campaign’s communication director, Gail Gitcho, says the campaign welcomes any outside support, and points to the Obama campaign as the largest fundraiser in the race, saying, “We are pleased that independent groups will be active in fighting this entrenched power [the Obama campaign] so the country can get back to work.”
Leaders of ROF - Members of the ROF board of directors include Spies; Carl Forti, political director for Romney’s 2008 campaign; and Larry McCarthy, a member of the Romney media team in 2008. Forti is the co-founder of the Black Rock Group consulting firm and the political director of American Crossroads, a conservative super PAC expected to raise over $120 million for candidates in 2012. Neither Forti nor American Crossroads will discuss the role played by Forti in both organizations. ROF actually registered itself with the FEC in October 2010, but has remained unaffiliated and essentially dormant until recent weeks. Now ROF officials are briefing top donors about the organization’s plans and fundraising goals. Former Obama spokesman Bill Burton, the head of Priorities USA Action, says: “I’m not surprised that there’s even more money coming into this race to help Mitt Romney. He’s a pretty deeply flawed candidate; he’s going to need all the help he can get.” Dave Levinthal of the Center for Responsive Politics says of the super PACs: “The outside groups are akin to the biggest booster club you can imagine for a college football team. The club can’t give cars or gifts to the players, but they can do everything else possible to support them.… It’s a brand-new way to play politics.” [Washington Post, 6/23/2011] The Post fails to note many of the details about ROF’s senior officials. According to the Public Campaign Action Fund, Spies is not only a lawyer and a consultant, but a registered lobbyist for Clark Hill PLC, representing a chain of luxury casinos. ROF’s address as listed on its FEC filings is the same as Clark Hill’s Washington, DC, office. The Action Fund observes, referring to the Republican primary and the number of wealthy donors lined up behind each major candidate, “While [ROF] officially can’t coordinate with the Romney campaign, having lobbyists on your side is definitely a good way to boost one’s standing in the so-called ‘wealth primary.’” [Public Campaign Action Fund, 6/23/2011] The liberal news Web site Think Progress will soon note that McCarthy is a veteran advertising creator for Republican candidates, and was one of the strongest creative forces behind the infamous 1988 “Willie Horton” ad, which many considered to be extraordinarily racist (see September 21 - October 4, 1988). In 2010, McCarthy served as a media strategist for the American Future Fund, which launched attack ads attempting to link Democrats to the Park 51 community center in Manhattan, deemed by conservatives as the “Ground Zero Victory Mosque” and mischaracterized as a monument celebrating the 9/11 attacks. Those ads were decried by many as being bigoted against Muslims. McCarthy has brushed off criticism of his ads, and said the fact-checking organizations that found his ads to be flawed suffered from a pro-Democratic bias. Think Progress reporter Lee Fang will write that when he tried to find the American Future Fund office in Iowa, the address listed for the group turned out to be a UPS mailbox in a strip mall near an airport. Fang will write, “With a record of such secrecy and racist, anything-goes campaign tactics, one can expect Romney’s new outside group to be just as ugly in the presidential race.” [Politico, 10/29/2010; Think Progress, 6/27/2011]

Entity Tags: Charles R. Spies, Washington Post, Willard Mitt Romney, Carl Forti, American Future Fund, American Crossroads, 2012 Obama presidential election campaign, US Supreme Court, Bill Burton, Think Progress (.org), Public Campaign Action Fund, Larry McCarthy, Gail Gitcho, Federal Election Commission, Dave Levinthal, Lee Fang, Restore Our Future, Priorities USA Action, Mitt Romney presidential campaign (2012)

Timeline Tags: Civil Liberties, 2012 Elections

The US Supreme Court strikes down part of an Arizona law providing public funding for political campaigns. In the case of Arizona Free Enterprise Club’s Freedom PAC v. Bennett, the Court rules 5-4 that a provision in Arizona law providing additional funds to publicly funded candidates whose opponents use private donations to outspend them is illegal. Some opponents of unfettered outside spending feared that the Court would use the case to put an end to most, if not all, programs that provide public money to candidates; Think Progress’s Ian Millhiser explains: “Candidates will only agree to accept public financing if it won’t prevent them from running a competitive race. If a state offers only a few thousand dollars in public funds to a candidate whose opponent is backed by tens of millions of corporate dollars, then the non-corporate candidate will have no choice but to raise money on their own. To defend against this problem, Arizona developed a two-tiered public financing system. Candidates receive additional funds if their opponent or corporate interest groups overwhelm them with attack ads, and thus candidates who are determined not to be tainted by the corrupting influence of major donors are not left defenseless.” The ruling will not have an impact on the presidential race, since the federal public financing system lacks such a provision, and since it seems unlikely that either President Obama or his Republican challenger Mitt Romney (R-MA) will use public financing in 2012. The case was brought by two organizations, the Institute for Justice and the Goldwater Institute, on behalf of Arizona state candidates who rejected public funds. The groups argued that the provision infringed on those candidates’ freedom of speech by compelling them to spend less money to avoid triggering the additional funds.
Majority, Minority Opinions - Writing for the majority, Chief Justice John Roberts agreed: “We hold that Arizona’s matching funds scheme substantially burdens protected political speech without serving a compelling state interest and, therefore, violates the First Amendment.” The matching funds provision “imposes an unprecedented penalty on any candidate who robustly exercises [his] First Amendment right[s],” Roberts adds. If the provision is allowed to stand, “the vigorous exercise of the right to use personal funds to finance campaign speech” leads to “advantages for opponents in the competitive context of electoral politics.” The privately funded candidate, Roberts writes, must “shoulder a special and potentially significant burden” when choosing to exercise his First Amendment right to spend funds on behalf of his candidacy. Justice Elena Kagan dissents, writing that the plaintiffs “are making a novel argument: that Arizona violated their First Amendment rights by disbursing funds to other speakers even though they could have received—but chose to spurn—the same financial assistance. Some people might call that chutzpah.”
Reactions - Attorney Bill Maurer, who represented the Institute for Justice, says the ruling “makes clear that the First Amendment is not an exception to campaign finance laws; it is the rule” (see January 30, 1976 and January 21, 2010). He adds that he hopes the ruling will serve as “a clear reminder to government officials that they may not coerce speakers to limit their own speech.” Millhiser writes: “So public financing laws can technically remain, but Arizona’s attempt to protect publicly financed candidates from a wave of corporate attack ads is absolutely forbidden. Moreover, because few candidates can know in advance whether the will face an onslaught of hostile corporate ads, most candidates will hedge their bets and avoid the risk of public financing.… Without unlimited corporate money in elections, most candidates could afford to take public funds unless their opponent had unusual access to wealth or wealthy donors.” Referring to the 5-4 Citizens United decision (see January 21, 2010), Millhiser continues, “In the post-Citizens United America, however, no one is safe from corporate America’s nearly bottomless pool of potential campaign expenditures.” Nick Nyhart of Public Campaign, an organization opposed to the unrestricted influence of outside donors, says, “The five-vote Big Money majority on the court has spoken again in favor of wealthy special interests.” Fred Wertheimer of the campaign finance group Democracy 21 calls the ruling “another seriously misguided campaign finance decision,” but adds “it does not cast any doubt on the continued viability or constitutionality of a number of other existing public financing systems that do not include ‘trigger funds’ or similar provisions.” Common Cause President Bob Edgar says, “This is not the death knell of public financing.” [Politico, 6/27/2011; Think Progress, 6/27/2011]
Plaintiffs Financed by Wealthy Conservative Interests - The next day, Think Progress’s Lee Fang will reveal that the two groups who filed the lawsuit, the Institute for Justice and the Goldwater Institute, are financed by wealthy conservative interests. The Institute for Justice, a group dedicated to bringing cases to court in order to deregulate private corporations and to increase the participation of wealthy corporate interests in elections, was created with “seed money” from oil billionaire Charles Koch (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, May 6, 2006, April 15, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, and September 24, 2010). The Walton Family Foundation, a foundation run by the billionaire family of Arkansas retailer Sam Walton (the founder of Wal-Mart), has donated $1.64 million to the group. The Foundation has written that the Citizens United decision and the Arizona case are two top priorities for the Institute. The Goldwater Institute, one of Arizona’s most prominent conservative think tanks, is focused on rolling back health care reform. The Institute is funded by several foundations, including the Walton and the Charles Koch Foundations. Fang notes that much of the funding for both groups remains undisclosed. [Think Progress, 6/28/2011]

Entity Tags: Fred Wertheimer, Elena Kagan, Bob Edgar, Bill Maurer, Barack Obama, Willard Mitt Romney, Walton Family Foundation, US Supreme Court, Nick Nyhart, Institute for Justice, John G. Roberts, Jr, Ian Millhiser, Goldwater Institute, Lee Fang, Charles Koch

Timeline Tags: Civil Liberties

Provisions for indefinite detention included in the 2012 “National Defense Authorization Act,” an annual ‘must pass’ defense spending bill, begin to generate controversy soon after the proposed text is published. The language drafted by the Senate Armed Services Committee provides for indefinite military detention, without charge or trial, of essentially anyone accused of supporting or being associated with groups “engaged in hostilities” with the United States, including US citizens. The American Civil Liberties Union (ACLU) begins monitoring the proceedings and urging the public to oppose the bill. [ACLU.org, 7/6/2011] Other civil liberties and human rights groups will follow suit, including Amnesty International, the Center for Constitutional Rights (CCR), Human Rights Watch (HRW), and the Bill of Rights Defense Committee. The ACLU, CCR, and HRW point out that indefinite detention without charge or trial has not been codified since the McCarthy era. [ConstitutionCampaign.org, 12/6/2011; HRW.org, 12/15/2011; CCRJustice.org, 1/4/2012; Amnesty International, 1/5/2012] Constitutional experts Jonathan Turley and Glenn Greenwald will repeatedly condemn the bill’s indefinite military detention provisions. [Jonathan Turley, 1/2/2012; Salon, 12/15/2012] Two retired four-star Marine Generals, Charles C. Krulak and Joseph P. Hoar, will criticize the NDAA’s indefinite detention provision in an op-ed published in the New York Times, writing that under the law, “Due process would be a thing of the past.” And, “[T]his provision would expand the battlefield to include the United States—and hand Osama bin Laden an unearned victory long after his well-earned demise.” [New York Times, 12/13/2011] Congress will pass the bill on December 15 (see December 15, 2011) and President Obama will sign it into law on December 31 (see December 31, 2011). A poll conducted shortly after the bill is passed by Congress will find that only one in four likely voters support the NDAA (see December 22-26, 2011). After the bill is signed into law, states and municipalities will begin to pass laws and resolutions opposing the bill (see December 31, 2011 and After).

Entity Tags: Center for Constitutional Rights, Jonathan Turley, Charles Krulak, Bill of Rights Defense Committee, Amnesty International, American Civil Liberties Union, Joseph Hoar, Human Rights Watch, Glenn Greenwald

Timeline Tags: Civil Liberties

A mysterious company that donated $1 million to a political action committee (PAC) favoring presidential candidate Mitt Romney (R-MA) dissolves just months after its formation, leading some to speculate that its only purpose was to make political donations. The company, W Spann LLC, was formed on March 15, 2011 by Boston lawyer Cameron Casey, who specializes in estate tax planning—“wealth transfer strategies”—for “high net worth individuals,” according to corporate records and the lawyer’s biography on her firm’s Web site. Casey filed a “certificate of formation” with the Delaware Secretary of State’s office, but provided no information about the firm. The only address listed was that of a Wilmington, Delaware, registered agent service, Corporation Service Company, which provides such services for many companies. That firm refuses to discuss its clients. Spann’s address was listed as 590 Madison Avenue, New York City, a midtown Manhattan office building, but the building’s management firm, Minskoff Equities, shows no records of any such tenant. On April 28, W Spann LLC donated $1 million to Restore Our Future, a “super PAC” (see 2000 - 2005 and June 30, 2000) aligned with the Romney campaign (see June 23, 2011). Casey dissolves the company today, two weeks before Restore Our Future makes its first campaign filing of the year reporting the donation, by filing a “certificate of cancellation.” Lawrence Noble, the former general counsel of the Federal Election Commission (FEC), says, “I don’t see how you can do this,” when asked about the donation. If the only purpose of Spann’s formation was to contribute to the pro-Romney group, “There is a real issue of it being just a subterfuge” and that could raise a “serious” legal issue, Noble says. At least, “[w]hat you have here is a roadmap for how people can hide their identities” when making political contributions. Casey will refuse to discuss the matter with the press, and her employer, the law firm Ropes & Gray, will say through a spokesman that it cannot comment. (Ropes & Gray has as a longtime client Bain Capital, the firm formerly headed by Romney. The law firm has its offices at 590 Madison.) Restore Our Future campaign treasurer Charles Spies, a former Romney campaign official, will also refuse to answer questions about Spann. He will say, “Restore Our Future has fully complied with, and will continue to comply with, all FEC disclosure requirements.” A Romney campaign official will later add, “Mitt Romney follows both the letter of the law and the spirit of the law in all circumstances.” Bain Capital spokesperson Alex Stanton says of W Spann: “Bain Capital has many employees who actively participate in civic affairs, and they individually support candidates from both parties. The firm takes no position on any candidate, and the entity in question is not affiliated with Bain Capital or any of our employees.” Critics say the Spann story shows how easily disclosure requirements are being avoided in the aftermath of the Citizens United decision (see January 21, 2010). “This is sham disclosure. It’s a barrier to disclosure,” says Michael Malbin of the Campaign Finance Institute. It is another example of how American political campaigns have gone “back to the future” and to the “pre-Watergate days” (of 1972) when Richard Nixon was raising unlimited amounts of money without disclosure, Malbin says. [MSNBC, 8/4/2011]

Entity Tags: Lawrence M. Noble, Bain Capital, Alex Stanton, Cameron Casey, Corporation Service Company, Restore Our Future, W Spann LLC, Michael Malbin, Minskoff Equities, Charles R. Spies, Ropes & Gray, Willard Mitt Romney

Timeline Tags: Civil Liberties, 2012 Elections

Fox News’s Eric Bolling, hosting The Five, says that he remembers no terrorist attacks on the US during the Bush presidency. Bolling is either ignoring or forgetting that the 9/11 attacks, the most lethal and costly terrorist attacks in US history, occurred eight months into the Bush presidency. Since late 2009, two former Bush administration officials have also denied that 9/11 took place during the Bush presidency (see November 24, 2009 and December 27, 2009), as has former New York City Mayor Rudolph Giuliani, who was mayor when his city was stricken (see January 8, 2010). A Las Vegas newspaper publisher has claimed no terrorist attacks occured during the Bush administration after 9/11, another falsehood perpetrated by Bolling (see January 3, 2010). One of the “five” participants in the roundtable discussion on the show is former Bush administration press secretary Dana Perino, who is one of the former administration officials who denied that 9/11 took place during Bush’s presidency. Bolling and the other participants, save for the single “liberal” at the table, Bob Beckel, are criticizing the Obama administration’s economic policies. The topic goes into a quick repudiation of the fact that the Bush administration used false claims about WMDs to drive the US into a war with Iraq, and Bolling shouts over the crosstalk: “America was certainly safe between 2000 and 2008. I don’t remember any terrorist attacks on American soil during that period of time.” No one involved in the panel discussion corrects his misstatement. [Media Matters, 7/13/2011; Huffington Post, 7/14/2011] The Five is the newest Fox News offering, replacing the recently canceled show hosted by Glenn Beck. [Huffington Post, 7/14/2011] The next day, MSNBC talk show host Chris Matthews derides what he calls Bolling’s “revisionist history” regarding 9/11. He plays a brief clip of Bolling making the statement, then sarcastically invites Bolling to “think back to 2001.” While playing a clip from the coverage of the 9/11 attacks, Matthews asks, “Does that trigger your memory?” [Media Matters, 7/14/2011] Hours after Matthews’s correction, Bolling says on The Five: “Yesterday I misspoke when saying that there were no US terror attacks during the Bush years. Obviously I meant in the aftermath of 9/11.” Bolling then swings to the attack, saying: “That’s when the radical liberal left pounced on us and me. [The progressive media watchdog Web site] Media Matters posted my error, saying I forgot about 9/11. No, I haven’t forgotten.” (Bolling is referring to a Media Matters article with the title: “‘Have You Forgotten?’ Conservatives Erase 9/11 From Bush Record,” which cites Bolling’s error among other “misstatements” and omissions by conservatives, and cites the numerous terror attacks that took place on US soil after 9/11 during the Bush presidency.) Bolling continues by saying he was in New York during the attacks, lost friends during the attacks, and comforted the children of friends who were terrified by the attacks. He concludes by saying, “Thank you, liberals, for reminding me how petty you can be.” [Media Matters, 7/14/2009] Shortly after Bolling’s statement on Fox, Media Matters posts another article, again citing the numerous domestic terrorism attacks that took place after 9/11, under the headline, “Eric Bolling Is Still Wrong.” [Media Matters, 7/14/2011]

Entity Tags: Bob Beckel, Bush administration (43), Chris Matthews, Eric Bolling, Fox News, Rudolph (“Rudy”) Giuliani, Dana Perino, Media Matters, Obama administration

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

On a 259-169 vote, the US House of Representatives passes an amendment that would “prohibit the use of funds to implement any rule, regulation, or executive order regarding the disclosure of political contributions.” The amendment to an unrelated bill was introduced by Representative Rodney Frelinghuysen (R-NJ) on June 24, 2011. The amendment is aimed at preventing the Obama administration from implementing any policy or executive order that would force disclosure on the anonymous corporate donors that have spent tens of millions of dollars influencing elections since the Citizens United ruling (see January 21, 2010). Eighteen Democrats join almost every Republican in voting for the amendment. Ian Millhiser of the liberal news Web site Think Progress speculates that many of those voting for the amendment were influenced by a huge corporate public relations and lobbying effort against campaign finance. After the media revealed that the Obama administration was considering issuing an executive order that would force government contractors to disclose their campaign donations (see April 20, 2011 and May 26, 2011), as Millhiser writes, “industry groups responded by ginning up paranoid fantasies claiming that the administration would use these disclosures to create a ‘pay to play’ scenario where only contractors who donate to Democratic causes could receive contracts.” Recent history, however, indicates that mandated disclosure would bring about the opposite effect, Millhiser writes. He recalls the 2008 resignation of Housing and Urban Development Secretary Alphonso Jackson, who was implicated in a huge scandal involving his office’s illegal contracting practices, wherein President Bush’s political opponents were denied government contracts while “personal cronies” were awarded contracts. “Had a disclosure rule been in effect,” Millhiser writes, “it would have been possible to compare the donation patterns of all government contractors against who was awarding them contracts, and systematically uncover examples of political corruption. Transparency is the enemy of corruption—not the means to implement it.” [Washington Post, 5/15/2011; US House of Representatives, 7/15/2011; Think Progress, 7/18/2011]

Entity Tags: US House of Representatives, Ian Millhiser, Obama administration, Rodney Frelinghuysen

Timeline Tags: Civil Liberties

Law professor John Yoo, who during his tenure at the Justice Department wrote memos defending torture and the right of the executive branch to conduct its business in secret (see March 1996, September 25, 2001, September 25, 2001, October 4, 2001, October 23, 2001, October 23, 2001, November 2, 2001, November 5, 2001, and November 6-10, 2001), co-authors an article for the far-right American Enterprise Institute that attacks the Obama administration for considering the idea of an executive order to require government contractors to disclose their political contributions (see April 20, 2011 and May 26, 2011). The article, by Yoo and lawyer David W. Marston, is entitled “Overruling Citizens United with Chicago-Style Politics,” a reference to some of the unsavory and often-illegal political machinations undertaken by Chicago Democrats. The article repeatedly compares the Obama administration to the Nixon administration’s attempts to “use the available federal machinery to screw [their] political enemies,” as Yoo and Marston quote from a 1971 Nixon White House memo. Yoo and Marston say that the Obama administration, in an effort to recoup its losses from the Citizens United decision (see January 21, 2010]), “is making an unprecedented assault on free speech” by considering the executive order and by pushing the DISCLOSE Act (see July 26-27, 2010). (Yoo and Marston claim that the DISCLOSE Act, if passed into law, “would have forced all those doing business with the government to give up their ability to participate in the political process, as is their right under the First Amendment, aside from just voting on Election Day.”) They write: “Under the guise of ‘transparency’ and ‘accountability,’ the order curtails constitutionally protected speech rights and opens the door for retaliation against those not supporting the administration politically,” and go on to observe that in their opinion, this “assault on free speech” (see January 21, 2010 and January 22, 2010) is being joined by “the media [and] defenders of free speech.” Yoo and Marston claim that the Founding Fathers intended for corporations and other entities to be able to involve themselves in politics entirely anonymously, citing the example of Alexander Hamilton, John Jay, and James Madison publishing the Federalist Papers under the nom de plume “Publius.” Indeed, Yoo and Marston write, “disclosure of political contributions may be a prelude to the thuggish suppression of political speech by harassment and intimidation,” and they cite the instances of boycotts, vandalism, and death threats against people in California who donated money in support of Proposition 8, which declared gay marriage illegal. “Mandated disclosure of financial support for a political viewpoint can become the springboard for lawless retaliation against citizens for holding unpopular views,” the authors write. “Disclosure” and “transparency,” the “wonder drugs du jour,” are already “being used to silence core First Amendment speech rights and to threaten America’s long protection of anonymous political speech,” they contend, and claim that “thugs” are attempting to use violence and intimidation to nullify the Citizens United decision, force the issuance of the Obama executive order, and push the Federal Election Commission (FEC) to expand disclosure requirements. Only allowing financial donors to remain secret, the authors say, protects their rights to free speech and political involvement. “[D]isclosure invites retaliation,” they argue; only secrecy can protect free speech. The authors even cite a case brought on behalf of the NAACP, in which the organization was allowed to keep its membership lists secret for fear of attacks on its members or their families by white supremacists. [American Enterprise Institute, 7/20/2011] Ian Millhiser, a legal expert for the liberal news Web site Think Progress, angrily rebuts Yoo and Marston’s claims. Millhiser, referencing Yoo’s opinions issued during his stint in the Bush administration, writes, “If there is anyone in the universe who should think twice before criticizing a government lawyer for enabling a president to break the law, it is John Yoo.” He goes on to criticize Yoo’s legal thinking in the article, noting that the Citizens United ruling held that “disclosure could be justified based on a governmental interest in ‘provid[ing] the electorate with information’ about the sources of election-related spending.” Millhiser writes: “President Obama’s proposed executive order provides the electorate with information about the sources of election-related spending. So Yoo’s entire argument can be rebutted in exactly two sentences.” After rebutting other portions of Yoo and Marston’s arguments, Millhiser concludes, “Yoo’s defense of corporate America’s power to secretly buy elections is weak even by his own tragically incompetent standards.” [Think Progress, 7/22/2011]

Entity Tags: Ian Millhiser, American Enterprise Institute, DISCLOSE Act of 2010, Federal Election Commission, Nixon administration, US Department of Justice, John C. Yoo, David W. Marston, Obama administration

Timeline Tags: Civil Liberties

A dozen wealthy donors have contributed over half of the money collected by so-called “super PACs” in the first half of 2011, according to an analysis by USA Today. Super PACs are political organizations that exist to influence elections, which take unlimited amounts of outside money from donors, including individuals, unions, and corporations, and pool that money to advocate for or against a candidate (see March 26, 2010). By law, super PACs are supposed to operate independently of a candidate’s official campaign organization.
Majority of Donors Republican Contributors - The majority of those donors are contributing to Republican/conservative organizations, and overall, Republican organizations are outraising Democratic organizations by a 2-1 margin. American Crossroads, the organization formed by former Bush political advisor Karl Rove, has collected $2 million from billionaire Jerry Perenchio, another million from billionaire Robert B. Rowling, and $500,000 from Texas real estate billionaire Bob Perry. The super PAC supporting the Obama reelection campaign, Priorities USA Action, founded by former Obama spokesperson Bill Burton, has collected $2 million from Hollywood mogul Jeffrey Katzenberg, and $500,000 each from media owner Fred Eychaner and from the Service Employees International Union (SEIU). The super PAC supporting the presidential campaign of Mitt Romney (R-MA), Restore Our Future (see June 23, 2011), has received million-dollar donations from hedge fund manager John Paulson, Utah firms Eli Publishing and F8 LLC, and the shadowy W Spann LLC (see July 12, 2011). It has also received half a million each from Perry, financiers Louis Moore Bacon and Paul Edgerly, Edgerly’s wife Sandra Edgerly, New Balance Athletic Shoes executive James S. Davis, J.W. Marriott of the hotel chain Marriott International, and Richard Marriott of Host Hotels and Resorts. Meredith McGehee of the Campaign Legal Center says: “The super PACs are for the wealthy, by the wealthy, and of the wealthy. You’re setting up a dynamic where the candidates could become bit players in their own campaigns,” particularly in less-expensive races for the House of Representatives. Katzenberg says his donation to the Obama-supporting super PAC was because of the increasing dominance of “Republican extremists” in national elections: “The stakes are too high for us to simply allow the extremism of a small but well-funded right wing minority to go unchallenged.” Charles Spies, the treasurer of Restore Our Future and Romney’s former general counsel, refuses to discuss donors, but says, “Donors recognize Mitt Romney is the most experienced and qualified candidate to challenge President Obama’s record of out-of-control, big government spending.” One donation drawing scrutiny is a $193,000 donation to the presidential campaign of Governor Rick Perry (R-TX) from a group called Americans for Rick Perry. The primary funder of that group is Texas billionaire Harold Simmons, who gave $100,000 to the group 10 days after Perry signed legislation allowing Simmons’s company to accept low-level radioactive waste from other states at its West Texas facility. A Perry spokesman denies any coordination between Simmons and his campaign, and says Perry has not even decided whether to run for president. Simmons helped fund the 2004 group Swift Boat Veterans for Truth, which launched a powerful campaign that smeared then-presidential candidate John Kerry (D-MA) and his Vietnam War record. American Crossroads has reported raising $3.9 million during the first six months of 2011. Its affiliate, Crossroads GPS, has spent $19 million on anti-Democrat advertising so far. That group does not have to report its donors or the amounts it receives. [USA Today, 8/4/2011]
'Recipe for Corruption - Legal expert Ian Millhiser of the liberal news Web site Think Progress comments: “It’s tough to imagine a surer recipe for corruption. Although super PAC’s are prohibited from giving money directly to candidates—one of the few remaining campaign finance laws that wasn’t eviscerated by Citizens United and similar cases (see January 21, 2010)—it’s not like a presidential candidate isn’t perfectly capable of finding out which billionaires funded the shadowy groups that supported their campaign. Moreover, if just a handful of people are responsible for the bulk of these donations, a newly elected president will have no problem figuring out who to lavish favors on once they enter the White House.” [Think Progress, 8/4/2011]

Entity Tags: Charles R. Spies, Robert B. Rowling, Richard Marriott, Bobby Jack Perry, Sandra Edgerly, Service Employees International Union, USA Today, W Spann LLC, A. Jerrold Perenchio, American Crossroads, American Crossroads GPS, Priorities USA Action, Paul Edgerly, Restore Our Future, Bill Burton, Harold Simmons, Meredith McGehee, Fred Eychaner, Eli Publishing, F8 LLC, Ian Millhiser, Louis Moore Bacon, James S. Davis, John Paulson, Karl C. Rove, James Richard (“Rick”) Perry, Jeffrey Katzenberg, J. W. (“Bill”) Marriott

Timeline Tags: Civil Liberties

A three-judge district court in Washington, DC, denies a lawsuit, Bluman v. Federal Election Commission, filed by two foreign citizens asking that they be allowed to contribute money to US political campaigns (see March 2011). Two of the judges, Brett Kavanaugh and Rosemary Collyer, were both appointed to the bench by the Bush administration. The court finds: “[I]t is undisputed that the government may bar foreign citizens from voting and serving as elected officers. It follows that the government may bar foreign citizens (at least those who are not lawful permanent residents of the United States) from participating in the campaign process that seeks to influence how voters will cast their ballots in the elections. Those limitations on the activities of foreign citizens are of a piece and are all ‘part of the sovereign’s obligation to preserve the basic conception of a political community.’” Kavanaugh’s concurrence even cites, briefly, foreign law: “It bears mentioning, moreover, that plaintiffs’ home countries—Israel and Canada—and many other democratic countries impose similar restraints on political spending by foreign citizens. See, e.g., Canada Elections Act [and] Knesset Election Law.” The plaintiffs, identified as Benjamin Bluman and Asenath Steiman, had argued that the Citizens United decision (see January 21, 2010) opened the door for foreign involvement in US elections. The case can be appealed to the Supreme Court. [Memorandum Opinion, 8/8/2011; Think Progress, 8/8/2011; New York Times, 1/5/2012] The Supreme Court will deny the Bluman appeal (see January 9, 2012).

Entity Tags: US Supreme Court, Rosemary Collyer, Brett Kavanaugh, Asenath Steiman, Federal Election Commission, Benjamin Bluman

Timeline Tags: Civil Liberties

The US Court of Appeals for the First Circuit issues a pair of rulings in two related cases that affirm campaign finance disclosure provisions in Maine and Rhode Island. Both cases were brought by the National Organization for Marriage (NOM), a conservative group that opposes, among other things, state and federal laws granting gays and lesbians the right to marry. The Citizens United ruling (see January 21, 2010) allows for unlimited donations from corporations and labor unions, but also upholds disclosure laws that can be “justified based on a governmental interest in ‘provid[ing] the electorate with information’ about the sources of election-related spending.” NOM’s pair of lawsuits challenged those areas of campaign finance laws in the two states, asking that NOM’s donors be allowed to remain secret. The court denies the lawsuits, writing in part: “In an age characterized by the rapid multiplication of media outlets and the rise of internet reporting, the ‘marketplace of ideas’ has become flooded with a profusion of information and political messages. Citizens rely ever more on a message’s source as a proxy for reliability and a barometer of political spin. Disclosing the identity and constituency of a speaker engaged in political speech thus ‘enables the electorate to make informed decisions and give proper weight to different speakers and messages.‘… Additionally, in the case of corporate or organizational speakers, disclosure allows shareholders and members to ‘hold them accountable for their positions.‘… In short, ‘the First Amendment protects political speech; and disclosure permits citizens and shareholders to react to that speech in a proper way.’” Unless the appellate court’s decisions are overturned, the two states’ campaign disclosure statutes will remain in effect. NOM attorney James Bopp used a number of arguments in court that legal analyst Ian Millhiser will characterize as “paranoid fantasies regarding the impact of disclosure laws,” such as the need for anti-gay groups to keep their donors secret to protect those donors from harassment and threats. Industry groups have argued that government officials intend to use disclosure laws to reward their political allies. Millhiser will observe sardonically, “Because there is nothing dirtier than requiring wealthy individuals and corporations to come out from the shadows and reveal which elections they want to buy.” Similar lawsuits against campaign disclosure laws in Florida and New York, which Millhiser will say are the product of a “coordinated campaign” against disclosure, are pending. A lower court dismissed the New York case, and that decision is in the process of being appealed. [NATIONAL ORGANIZATION FOR MARRIAGE et al v. WALTER F. MCKEE et al, 8/11/2011; NATIONAL ORGANIZATION FOR MARRIAGE v. JOHN DALUZ, 8/11/2011; Policy Shop, 8/16/2011; Think Progress, 8/17/2011] Shortly after the Citizens United ruling, Bopp confirmed that this case, like the Citizens United case and others (see Mid-2004 and After), is part of a long-term strategy to completely dismantle campaign finance law (see January 25, 2010).

Entity Tags: National Organization for Marriage, James Bopp, Jr, Ian Millhiser

Timeline Tags: Civil Liberties

The online news site Daily Beast writes that the tea party movement that once swept American politics seems to be “losing… steam.” Reporter Patty Murphy writes: “Gone is the white-hot rage that famously defined the town hall meetings of August 2009 and sent incumbents from both parties packing a year later. In its place is… lingering frustration and continued anger with Washington, but a growing realization within the upstart movement that sustaining a revolution is harder than starting it—and that merely electing conservatives doesn’t guarantee they’ll buck the system they promised to overthrow.” Utah tea party member Jerry Stotler blames the lawmakers elected as a result of tea party activism. Speaking of a recent budget compromise between Congressional Republicans and Democrats, he says: “One of the most powerful words in the English language is ‘no.’ The tea party has failed to use their power of ‘no.’ If they would’ve just stood strong on their principles, this [compromise] wouldn’t have happened.” Murray notes that many of the tea party’s favorite lawmakers, such as Representative Jason Chaffetz (R-UT), organization leader and 2012 House candidate Jamie Radtke (R-VA), and Governor Paul LePage (R-ME), are disappointing followers. Chaffetz has chosen not to run against Senator Orrin Hatch (R-UT), Radtke is struggling for momentum against George Allen (R-VA) in the 2012 Senate race, and LePage has endorsed moderate Senator Olympia Snowe (R-ME) instead of Snowe’s more conservative challengers. One Republican aide says incumbents like Hatch, Snowe, and Senator Lindsey Graham (R-SC) are working harder to curry favor among tea party activists. Graham tells Murray: “The tea party has added an energy on the big issues we haven’t had before. These people are fearless.… [T]hey’re doing the nation a great service.” But Graham, like some other Republicans, is showing a willingness to buck tea party ideology at times; for example, he insists that he is “for clean air and clean water,” a direct rebuke to the tea party’s stated desire to abolish the Environmental Protection Agency and its opposition to any dealings with “climate change” science. Graham tells Murray that the tea party has to do more than merely oppose ideas if they want their movement to last. “The question for the tea party is, what is your vision?” he says. “I buy into their vision of limiting the size and scope of government. I’ve been doing that for years. The problem that parties have, tea party, Republican Party, Democratic Party, is you can disconnect yourself from the people. The tea party has got to convince people that you can find common ground.” Polls show that the tea party’s popularity among registered voters has dwindled dramatically since 2009; Graham, for one, is not worried about a tea party challenger when he runs for re-election in 2014. [Daily Beast, 8/25/2011]

Entity Tags: Lindsey Graham, George F. Allen, Daily Beast (.com), Jamie Radtke, Jerry Stotler, Olympia Snowe, Patty Murphy, US Senate, Paul LePage, US House of Representatives, Jason Chaffetz

Timeline Tags: Domestic Propaganda

Two CIA analysts, Alfreda Frances Bikowsky and Michael Anne Casey, who were involved in pre-9/11 intelligence failures and torture are named publicly for the first time, at the website Boiling Frogs Post (BFP). Bikowsky, now apparently head of the CIA’s Global Jihad Unit, made a false statement to the 9/11 Congressional Inquiry and was later involved in some of the CIA’s most notorious abuses (see After March 7, 2003 and Before January 23, 2004). Casey deliberately withheld information about two 9/11 hijackers from the FBI in January 2000 (see 9:30 a.m. - 4:00 p.m. January 5, 2000 and January 6, 2000). BFP obtained the two names from a document posted in error at the website secrecykills.com, which was set up to support an audio documentary about the intelligence failures before 9/11 entitled Who Is Rich Blee? (note: Blee was the former boss of both analysts). Due to threats previously made against them by the CIA, the documentary’s producers, John Duffy and Ray Nowosielski, ask BFP to take down Casey’s name and BFP complies. However, Nowosielski will later name both women in an article posted at Salon. [Boiling Frogs Post, 9/21/2011; Salon, 10/14/2011] The two identities were found using information previously made available about the two and from Google searches. Bikowsky’s name was found by searching State Department nominations for her middle name, which was released by the Associated Press earlier in the year. Duffy and Nowosielski found Casey after learning she was the child of a CIA officer and theorising (incorrectly, as they later learned) that her father could have been former CIA Director William Casey. Her name also appears in State Department nominations, where they found it. [Salon, 10/14/2011]

Entity Tags: Michael Anne Casey, Alfreda Frances Bikowsky, Ray Nowosielski, John Duffy

Timeline Tags: Complete 911 Timeline

Army soldier Stephen Hill.Army soldier Stephen Hill. [Source: The Week]The conservative gay rights group GOProud blasts former Senator Rick Santorum (R-PA), a presidential contender, for making what it calls disrespectful comments towards a gay soldier in the evening’s GOP presidential debate. During the debate in Orlando, Florida, Stephen Hill asks the debaters if they would work to “circumvent” the repeal of the “Don’t Ask Don’t Tell” (DADT) statute barring gay service personnel from discussing their sexual orientation. Some members of the debate audience boo and catcall the soldier during the question, an incident which none on the stage choose to address. Santorum answers the question, and says of DADT: “I would say any type of sexual activity has absolutely no place in the military. And the fact that they’re making a point to include it as a provision within the military that we are going to recognize a group of people and give them a special privilege to—and removing ‘Don’t Ask, Don’t Tell,’ I think tries to inject social policy into the military. And the military’s job is to do one thing, and that is to defend our country.… What we’re doing is playing social experimentation with our military right now. And that’s tragic.” GOProud issues a statement condemning Santorum’s remarks. Two organization leaders, Christopher Barron and Jimmy LaSalvia, write: “Tonight, Rick Santorum disrespected our brave men and women in uniform, and he owes Stephen Hill, the gay soldier who asked him the question about Don’t Ask, Don’t Tell repeal, an immediate apology. That brave gay soldier is doing something Rick Santorum has never done—put his life on the line to defend our freedoms and our way of life [referring to Santorum’s lack of military service]. It is telling that Rick Santorum is so blinded by his anti-gay bigotry that he couldn’t even bring himself to thank that gay soldier for his service. Stephen Hill is serving our country in Iraq, fighting a war Senator Santorum says he supports. How can Senator Santorum claim to support this war if he doesn’t support the brave men and women who are fighting it?” [GOProud, 9/22/2011; CBS News, 9/23/2011] Santorum achieved notoriety in 2003 for his comments that legalizing homosexual acts would lead to incest, child rape, and bestiality (see April 7, 2003).

Entity Tags: GOProud, Stephen Hill, Rick Santorum, Jimmy LaSalvia, Christopher Barron

Timeline Tags: Domestic Propaganda, 2012 Elections

Fox News chief Roger Ailes acknowledges that Fox News has undergone what he calls a “course correction” over the last year, dialing back some of the most inflammatory and partisan rhetoric that is its brand. The release of talk show host Glenn Beck (see March 28 - April 6, 2011) is one of the actions Ailes has taken to “moderate” Fox News’s stance, as is the lower profile given former Alaska Governor Sarah Palin as a prominent Fox personality—once aggressively promoted by the network as the savior of the Republican Party, Palin is much less visible on the network now. Fox executives admit that after Barack Obama’s election in 2008 (see January 2009), “the entire network took a hard right turn (see February 2, 2009, February 9-10, 2009, February 10, 2009, February 20, 2009, March 16-17, 2009, March 17, 2009, March 17-24, 2009, March 18, 2009, March 23-24, 2009, March 24, 2009, March 24, 2009, March 31, 2009, April 1, 2009, April 1, 2009, April 1-2, 2009, April 3, 2009, April 3-7, 2009, April 6, 2009, April 6-13, 2009, April 6-7, 2009, April 13-15, 2009, April 15, 2009, April 16, 2009, April 22, 2009, April 23, 2009, April 28, 2009, April 29, 2009, May 5-6, 2009, May 6, 2009, May 8-15, 2009, May 13-14, 2009, May 26, 2009, May 27, 2009, June 2, 2009, July 8, 2009, July 23, 2009, July 27, 2009, July 28, 2009, July 28-29, 2009, July 30, 2009, August 3, 2009, August 3, 2009, August 7, 2009, August 8, 2009, August 10, 2009, August 10, 2009, August 11, 2009, August 11, 2009, August 14, 2009, August 28, 2009, September 1, 2009, September 12, 2009, September 18, 2009, September 29, 2009, October 11, 2009, October 16, 2009, November 3, 2009, November 5-8, 2009, November 18-19, 2009, November 24, 2009, January 27, 2010, May 20-22, 2010, June 11, 2010, June 24, 2010 and After, July 2, 2010, July 24, 2010, September 1, 2010, September 4, 2010, September 4, 2010, September 15-16, 2010, September 18, 2010, September 18, 2010, September 27, 2010, September 28, 2010, September 29, 2010, September 29, 2010, September 30, 2010, October 1, 2010, October 3, 2010, October 26, 2010, November 9-11, 2010 and After, and November 9-11, 2010 and After)… but, as the tea party’s popularity fades (see August 25, 2011), is edging back toward the mainstream” (see November 16, 2010, November 17-18, 2010, February 23, 2011, February 28, 2011, March 19-24, 2011, March 23, 2011, March 23, 2011, March 24, 2011, March 27-28, 2011, March 30, 2011, April 26, 2011, April 26, 2011, April 27, 2011, April 27, 2011, April 27, 2011, April 28, 2011, May 22, 2011, May 23-24, 2011, June 10, 2011, July 13-14, 2011, January 14, 2012, January 17-18, 2012, February 11-16, 2012, and February 12-13, 2012). Ailes has ordered the opinion show hosts such as Sean Hannity and Bill O’Reilly to tone down the rhetoric, in part in response to the shooting of Representative Gabrielle Giffords (D-AZ) and the resultant debate about the aggressive, violent rhetoric being promulgated on the right (see March 24, 2010). Moreover, as media pundit Howard Kurtz writes, “[i]t was, in his view, a chance to boost profits by grabbing a more moderate audience.” Ailes’s contract is up in 2013, and some expect the 71-year-old media magnate not to renew his contract thereafter. Ailes continues to insist that his news network is the only “fair and balanced” (see 1995) news outlet on television, with the other broadcast and cable news providers being relentlessly liberal in their presentations, but on the other hand implicitly admits that he routinely pushes right-wing memes and talking points on his network. Today, for example, he is touting Fox News’s new “Regulation Nation” series, pushing the idea that government regulations have a stranglehold on American business. “[N]o other network will cover that subject,” he says. “I think regulations are totally out of control.” Government bureaucrats hire Ph.D.s to “sit in the basement and draw up regulations to try to ruin your life,” he says. Under Ailes’s direction, Fox News will feature stories on “over-regulation” in many of its straight-news and opinion shows. Some non-Fox News conservative pundits, such as radio host Rush Limbaugh, wonder if Ailes hasn’t given up on his commitment to conservative principles in return for ratings, saying, “Fox wants these people [Republican primary candidates] to tear each other up, ‘cause they want approval from the mainstream media.” Kurtz says that Ailes has turned the Republican primary into his own “reality show” for ratings and profits, essentially agreeing with Limbaugh. Overall, others are registering that Ailes is attempting to dial back the hyperpartisan posturing, even former Obama administration aide Anita Dunn, who says, “You have the sense that they’re trying to at least appear less of the hyperpartisan political network they had been.” [Newsweek, 9/25/2011]

Entity Tags: Gabrielle Giffords, Anita Dunn, Barack Obama, Fox News, Sean Hannity, Rush Limbaugh, Glenn Beck, Bill O’Reilly, Roger Ailes, Howard Kurtz, Sarah Palin

Timeline Tags: Domestic Propaganda

The campaign of presidential candidate Mitt Romney (R-MA), the former governor of Massachusetts, acknowleges the influence of the Koch brothers (see July 3-4, 2010 and August 30, 2010) on Republican politics and the “tea party” movement. According to an internal campaign memo, the Koch brothers, particularly David Koch, are the “financial engine of the tea party” even though Koch “denies being directly involved.” The memo explicates the attempts that Romney and the campaign have taken to secure the support of the Koch brothers, including a January 2011 meeting between Romney and David Koch at an elite club in Manhattan, and an August 28 meeting that was canceled because of Hurricane Irene. David Koch publicly endorsed Romney for president in 2008, and one of Romney’s first major campaign fundraisers for the 2012 race was held at Koch’s mansion in the Hamptons. Political strategists acknowledge the success the Koch brothers have had in getting dozens of far-right candidates elected to Congress in 2010 and creating a network of tea party members who can help Romney secure the 2012 presidential nomination. Strategists have also noted Romney’s lack of support among many tea party members and organizations, and the likelihood that Romney will fail to capture the 2012 Republican presidential nomination without tea party support. “In many national surveys, Romney has had difficulty breaking 25 percent in support and that’s because [tea party] conservatives are suspicious of him and doubt his commitment to their issues,” says the Brookings Institution’s Darrell West. “He’s courting the tea party because he needs them to win.” But that support is far from certain. Judson Phillips, the co-founder of Tea Party Nation, says: “Our vote is split up among so many candidates—none of whom are Romney. Romney’s problem with a lot of tea party voters, myself included, is at this point I don’t know what he believes and I don’t care—because even if he tells me, ‘When I get to the White House I’m going to be fiscally conservative,’ he will probably change his mind, depending on which way the political winds are blowing.” Romney has a reputation as a “flip-flopper” who has changed his mind on a number of key issues, and a closet moderate who once supported abortion rights, the 2008 government bank bailouts, gay rights, and gun control. [Washington Examiner, 11/2/2011; Think Progress, 11/3/2011]

Entity Tags: David Koch, Charles Koch, Mitt Romney presidential campaign 2000, Willard Mitt Romney, Judson Phillips

Timeline Tags: Domestic Propaganda

Presidential candidate Rick Santorum (R-PA) gives an interview to the owner of the evangelical blog Caffeinated Thoughts. The video of the interview is placed on YouTube, where it goes largely unnoticed until mid-February 2012. In the interview, Santorum says that he does not believe in contraception and, if elected president, he would confront the “dangers of contraception” and challenge religious groups who accept its use. “One of the things I will talk about that no president has talked about before is I think the dangers of contraception in this country, the whole sexual libertine idea,” he says. “Many in the Christian faith have said: ‘Well, that’s okay. Contraception’s okay.’ It’s not okay because it’s a license to do things in the sexual realm that is counter to how things are supposed to be. They’re supposed to be within marriage, they are supposed to be for purposes that are, yes, conjugal, but also… procreative. That’s the perfect way that a sexual union should happen. We take any part of that out, we diminish the act. And if you can take one part out that’s not for purposes of procreation, that’s not one of the reasons, then you diminish this very special bond between men and women, so why can’t you take other parts of that out? And all of a sudden, it becomes deconstructed to the point where it’s simply pleasure. And that’s certainly a part of it—and it’s an important part of it, don’t get me wrong—but there’s a lot of things we do for pleasure, and this is special, and it needs to be seen as special. Again, I know most presidents don’t talk about those things, and maybe people don’t want us to talk about those things, but I think it’s important that you are who you are. I’m not running for preacher. I’m not running for pastor, but these are important public policy issues. These how profound impact on the health of our society.” Time magazine’s Michael Scherer notes poll data that show some 99 percent of American women having used a form of contraception. “In politics, it is generally not a good thing to characterize something nearly every adult in the country has happily used as ‘a license to do things in the sexual realm that is counter to how things are supposed to be,’” Scherer writes. [Time, 2/14/2012; Newser, 2/15/2012] The Atlantic’s Conor Friedersdorf writes: “What separates issues that are in the proper purview of politics from matters best left to individuals? I’d hate to draw that line for everyone, but watching Rick Santorum… I’m confident in declaring that he’s put himself on the wrong side of it.” Friedersdorf writes that Santorum obviously believes it is in the president’s purview “to opine on and shape public policy according to his notion of what is ‘special.’ As he surely knows, what is ‘special,’ what ought to be kept ‘special,’ and what is required to keep sex ‘special’ are all deeply contested matters. They inevitably turn on judgments shaped by faith, moral reasoning, and intuition. The American people, having wrestled with these questions, have concluded in overwhelming numbers either that contraception doesn’t make sex less special—or that if it does make sex less special, the tradeoff (less special sex in return for fewer unwanted pregnancies or abortions or STDs or more pleasure or human connection) is worthwhile.” Friedersdorf goes on to note that Santorum cannot credibly claim to be a supporter of smaller, limited government if he believes the president should have a say in whether contraception is available to American citizens or not. [The Atlantic, 2/15/2012] Matt K. Lewis of the conservative news blog The Daily Caller writes that Santorum’s position is likely to hurt his chances of winning the presidency, and continues: “When it comes to discussing such issues, Santorum should have practiced abstinence. He did not.” [Daily Caller, 2/15/2012] Nick Gillespie of the libertarian news publication Reason agrees with Friedersdorf about Santorum’s questionable allegiance to the concept of limited government: “Calling all conservatives: Is this the sort of anti-Obama limited-government candidate you really want to get behind? And indeed, Santorum is out of touch in at least two distinct ways: First, the president shouldn’t be concerning herself with rubbers, IUDs, and birth control pills (whether she’s a Republican or a Democrat). Second, all the social indicators he seems to be worried about—including sexual activity among teens and teen pregnancy rates—have been declining.” [Reason, 2/15/2012]

Entity Tags: Rick Santorum, Matt K. Lewis, Conor Friedersdorf, Michael Scherer, Nick Gillespie

Timeline Tags: 2012 Elections

A new report by the Brennan Center for Justice shows that just three “independent” corporate political organizations outspent the US labor movement in judicial elections for 2009-10. The report, entitled “The New Politics of Judicial Elections 2009-10,” shows that three corporate interest groups—the Ohio Chamber of Commerce (Partnership for America’s Future), the Business Council of Alabama, and the Illinois Civil Justice League (JustPAC) outspent the US labor movement 13-1 in trying to influence state Supreme Court elections. Together, the three groups spent $3,554,445 on activities involving judicial elections. In total, organized labor groups spent $261,4230. Labor unions have always contended that they could not spend nearly as much on election activities as corporations. [Skaggs et al., 10/2011 pdf file; Think Progress, 10/27/2011]

Entity Tags: Ohio Chamber of Commerce, Illinois Civil Justice League, Brennan Center for Justice, Business Council of Alabama

Timeline Tags: Civil Liberties

’We Are Ohio’ logo.’We Are Ohio’ logo. [Source: ProgressOhio (.org)]Ohio Senate Bill 5, known as the Ohio Collective Bargaining Limit Repeal, is defeated by a voter referendum. The bill would enable severe limitations on collective bargaining for public employees in the state, and make it difficult for those employees to strike and collectively bargain for wages, health insurance, and pensions, and would have increased employee contributions for pensions and health insurance. The hard-fought campaign pitted Governor John Kasich (R-OH) and Ohio Republicans against the state’s teachers, firefighters, police officers, and unions. The bargaining limit repeal was supported by farmers and a number of independent corporate organizations, including Citizens United, the Ohio Chamber of Commerce, and the National Federation of Independent Business; it was opposed by labor unions, Democrats, and some independent organizations, including the bipartisan political action committee We Are Ohio, which helped launch the referendum. Over $50 million was spent on the campaign by outside parties and both political parties. Ohio Democrats and labor leaders call the repeal a win for progressives and worker rights, and the first step in recapturing the state government, which has been dominated by Republicans since the 2010 elections. Doug Stern, a firefighter who joined We Are Ohio, says: “Hey, I’m a Republican, but I’m telling you, Republican firefighters and police officers aren’t going to be voting Republican around here for a while. We’ll see what happens in 2012, but our guys have a long memory. We’re angry and disgusted.” Supporters, relying on large infusions of cash from corporate and other interests, relied largely on media advertising to support the repeal, while opponents staged mass protests and organized grassroots volunteers who they say will continue to work to defeat Republican interests. One $100,000 television ad paid for by Citizens United depicted schoolchildren while a voiceover told viewers that the bill allows schools to “replace” bad teachers, and added, “We parents and educators deserve the right to run our own schools.” Citizens United president David Bossie (see May 1998) told a reporter that his organization “decided to get in and play a role right at the end to educate the voting public and try to persuade them that this is the right way to go.” We Are Ohio called such ads “desperate attempt[s] by another shadowy out-of-state group that refuses to disclose the source of its money” (see January 21, 2010). Kasich repeatedly argued that the harsh measures against public employees and labor unions were necessary to balance the state’s budget. One senior state Republican says that Kasich “snatch[ed] defeat from the jaws of victory” by alienating labor-friendly independents in the state. [Politico, 11/2/2011; Think Progress, 11/3/2011; Politico, 11/8/2011]

Entity Tags: Ohio Chamber of Commerce, David Bossie, Citizens United, Doug Stern, National Federation of Independent Business, Ohio Collective Bargaining Limit Repeal, We Are Ohio, John Kasich

Timeline Tags: Civil Liberties

The US government’s Nixon Presidential Library begins making the grand jury testimony of former President Richard Nixon available to the public. In June 1975, Nixon testified about his involvement in the Watergate scandal after his resignation (see August 8, 1974) to a California grand jury. Although he was protected by the pardon granted him by his successor, Gerald Ford (see September 8, 1974), he could have been charged with perjury if he lied under oath. No such charges were filed against Nixon. Judge Royce Lambeth ordered the testimony made public in July 2011 over the opposition of the Obama administration, which argued that too many people from the Nixon administration were still alive for secret testimony involving them to be made public. Lambeth wrote, “The court is confident that disclosure will greatly benefit the public and its understanding of Watergate without compromising the tradition and objectives of grand jury secrecy.” The records are available at the California home of the library and online. Historian Stanley Kutler, who was one of the principal figures involved in the lawsuit to bring the testimony to light, says, “This is Nixon unplugged.” However, he adds: “I have no illusions. Richard Nixon knew how to dodge questions with the best of them. I am sure that he danced, skipped, around a number of things.” Nixon’s testimony, conducted for 11 hours over two days, was the first time an ex-president ever testified before a grand jury. The library is also releasing thousands of pages of other Watergate-era documents, several oral histories from that time, and 45 minutes of recordings made by Nixon with a dictating machine. Some portions of the Nixon grand jury testimony have not yet been made public, due to the fact that they deal with people still alive. Some or all of that information may be made public at a future date. Kutler says it is doubtful the public will learn much more about Watergate from the new records: “The grand jury after that testimony had a chance to sit and indict but they did not, so I don’t expect it to be that important.” He adds that the opening of grand jury records is a milestone by itself, “another precedent for opening up secretiveness in public life.” [Associated Press, 11/10/2011] After initially reviewing the transcripts, Kutner says: “It’s Nixon being Nixon. It’s a virtuoso performance. How about $10 for every time he says, ‘I don’t recall’?” [Daily Mail, 11/11/2011] According to reporters who review the transcripts, Nixon spent much of his time before the grand jury defending his legacy as president and denying first-hand knowledge of any of the activities that made up the Watergate scandal, but acknowledging his administration committed some questionable acts. “I want the jury and the special prosecutors to kick the hell out of us for wiretapping and for the plumbers and the rest,” he said, “because obviously, you may have concluded it is wrong.” [Associated Press, 11/11/2011] Nixon reiterated the story that his secretary Rose Mary Woods accidentally erased 18 1/2 minutes of an audiotape that might have shown his complicity in the Watergate conspiracy (see November 21, 1973), saying: “Rose had thought it was four minutes, or something like that. Now the counsel have found that it is 18-and-a-half minutes, and I practically blew my stack.… If you are interested in my view as to what happened, it is very simple. It is that it was an accident.” Nixon was harsh with the Watergate prosecutors, accusing them of persecuting him and employing what he called double standards against him as opposed to his Democratic adversaries. “If I could give one last bit of advice,” he told the prosecutors, “taking the double standard is going to make you much more popular with the Washington press corps, with the Georgetown social set, if you ever go to Georgetown, with the power elite in this country. But on the other hand, think of your children—they are going to judge you in the pages of history.… I mean, I am not unaware of the fact that the great majority of the people working in special prosecutor’s office did not support me for president.” [Daily Mail, 11/11/2011]

Entity Tags: Royce Lambeth, Stanley Kutler, Richard M. Nixon, Nixon administration, Nixon Presidential Library, Obama administration, Gerald Rudolph Ford, Jr, Rose Mary Woods

Timeline Tags: Nixon and Watergate

Representative Ted Deutch (D-FL) introduces a resolution proposing a constitutional amendment that would ban corporate money in politics and end “corporate personhood.” Deutch calls his proposal the Outlawing Corporate Cash Undermining the Public Interest in our Elections and Democracy (OCCUPIED) Amendment. The proposal reads, “Proposing an amendment to the Constitution of the United States to expressly exclude for-profit corporations from the rights given to natural persons by the Constitution of the United States, prohibit corporate spending in all elections, and affirm the authority of Congress and the states to regulate corporations and to regulate and set limits on all election contributions and expenditures.” The amendment, if adopted, would overturn the Citizens United decision (see January 21, 2010), re-establish the right of Congress and the states to regulate campaign finance laws, and effectively outlaw the ability of for-profit corporations to contribute to campaign spending. Deutch says in a statement that refers to the Occupy protesters demonstrating throughout the nation: “No matter how long protesters camp out across America, big banks will continue to pour money into shadow groups promoting candidates more likely to slash Medicaid for poor children than help families facing foreclosure. No matter how strongly Ohio families fight for basic fairness for workers, the Koch brothers will continue to pour millions into campaigns aimed at protecting the wealthiest 1 percent (see November 8, 2011). No matter how fed up seniors in South Florida are with an agenda that puts oil subsidies ahead of Social Security and Medicare, corporations will continue to fund massive publicity campaigns and malicious attack ads against the public interest. Americans of all stripes agree that for far too long, corporations have occupied Washington and drowned out the voices of the people. I introduced the OCCUPIED Amendment because the days of corporate control of our democracy. It is time to return the nation’s capital and our democracy to the people.” [US House of Representatives, 11/18/2011 pdf file; Think Progress, 11/18/2011] Three weeks ago, a group of Democratic senators introduced a similar amendment (see November 1, 2011). On December 8, Senator Bernie Sanders (I-VT) will introduce a version of the OCCUPIED Amendment in the Senate that he calls the Saving American Democracy Amendment. Deutch will say of Sanders’s action: “There comes a time when an issue is so important that the only way to address it is by a constitutional amendment. I am thrilled that Senator Bernie Sanders has introduced the Saving American Democracy Amendment, a companion bill to H.J. Res 90, my legislation in the House. The dominance of corporations in Washington has imperiled the economic security of the American people and left our citizens profoundly disenchanted with our democracy. I look forward to working with Senator Sanders to save American democracy by banning all corporate spending in our elections and cracking down on secret front groups using anonymous corporate cash to undermine the public interest.” [Think Progress, 12/8/2011] Two House Democrats introduced similar legislation in September 2011 (see September 20, 2011).

Entity Tags: 2011 Outlawing Corporate Cash Undermining the Public Interest in our Elections and Democracy (OCCUPIED) Amendment, Bernie Sanders, Theodore E. (“Ted”) Deutch, 2011 Saving American Democracy Amendment

Timeline Tags: Civil Liberties

The Federal Election Commission (FEC) unanimously rejects a petition by Senator Mike Lee (R-UT) for him to be allowed to head his own “super PAC” (see March 26, 2010). Lee’s “leadership PAC,” the Constitutional Conservatives Fund PAC (CCFPAC), had requested permission from the FEC to turn itself into a PAC capable of accepting donations directly from corporations and unions (see October 17, 2011). Previously, the FEC had released a draft opinion opposing the request, but Lee’s lawyer Dan Backer had said he felt the FEC would approve the request. Lee spokesperson Brian Phillips calls the decision “a head-scratcher.” Backer and Lee had counted on the controversial Citizens United Supreme Court decision (see January 21, 2010) that allowed corporations and labor unions to spend unlimited amounts in independent expenditures on behalf of candidates, and essentially say that if corporations and unions can run super PACs, politicians should be able to do so as well. They argued that because the law bars Lee from spending the money on his own reelection efforts, and because he is willing to pledge that he would not personally solicit large donations, the FEC should grant the request. The draft opinion said that Lee’s request violates campaign finance law that expressly prohibits elected officials from being associated with a political entity that collects money beyond the legal limits (see March 27, 2002), and the unanimous decision echoes that finding. A PAC such as the CCFPAC is limited to collecting $5,000 per person per year and is banned entirely from accepting corporate donations. Lee, a “tea party” favorite, would have been the first politician in the country to have his own super PAC. Commissioner Donald McGahn, the most conservative commissioner and an opponent of most campaign finance laws, told Lee and his legal team: “Your argument essentially does away with contribution limits. It’s well beyond what we do here and well beyond what I do here, which is saying something.” McGahn says he agrees that the government should not discriminate when applying regulations on independent expenditures, but that the statute and regulations clearly limit contributions to members of Congress to protect against corruption or the appearance of corruption. Lee’s office says that letting Lee run a super PAC of his own would actually increase transparency and accountability. Lee may yet appeal the decision to the Supreme Court. [Salt Lake Tribune, 11/24/2011; Think Progress, 11/28/2011; Deseret News, 12/1/2011]

Entity Tags: Federal Election Commission, Brian Phillips, Constitutional Conservatives Fund PAC, Donald McGahn, Michael Shumway (“Mike”) Lee

Timeline Tags: Civil Liberties

John Birch Society logo.John Birch Society logo. [Source: John Birch Society]John F. McManus, the head of the far-right, anti-Communist John Birch Society (JBS), releases a booklet through the organization entitled “Reality vs. Myth” that attempts to, in the words of the JBS, “set the record straight” about what the organization is and is not. According to McManus, the JBS has never held anti-Semitic or racist views, or tolerated such within its organization. All such assertions come from “enemies” of the organization, often from persons or organizations with Communist affiliations (see March 10, 1961 and 1963), he writes. [John Birch Society, 2011]
History of Anti-Communism - The organization was founded in 1958 by candy magnate Robert Welch, a former Massachusetts Republican Party official who began railing about what he considered the “pervasive” influence of Communism in all aspects of American society, particularly in the federal government. Liberals are inherently opposed to freedom and democracy, Welch argued, because liberals are in favor of collectivism/socialism, and therefore are witting or unwitting traitors to the individualist tenets that underlie the US Constitution. The JBS became a vocal opponent of the United Nations, alleging as early as 1959 that the UN intended to establish a “New World Order” (NWO) or “one-world government” (see September 11, 1990). The JBS has also portrayed itself as a fundamentally Christian organization, and views Communism and other non-American forms of government as inherently “godless.” Since the end of World War II, the organization has asserted, the US government has been actively attempting to implement “godless Communism” in place of a Constitutional democracy, including a 1958 claim by Welch that then-President Eisenhower was “a dedicated conscious agent of the communist conspiracy.” Some “Bircher” officials have touted the NWO as being rooted in the alleged Illuminati Freemason conspiracy. In 1964, the JBS enthusiastically supported the presidential candidacy of Senator Barry Goldwater (R-AZ), though a large number of members supported Eisenhower’s vice-president, Richard Nixon (R-CA) over Goldwater. The organization opposed John F. Kennedy (D-MA), accusing him of being a traitor and a Communist dupe (see November 1963), accusations it had also leveled against Eisenhower. After Goldwater’s defeat, Welch attempted to land the segregationist governor of Alabama, George Wallace (D-AL), as a standardbearer for the JBS. [Political Research Associates, 2010] McManus insists that the JBS’s overarching loyalty is to the Christian Bible, the US Constitution and the Declaration of Independence. ” Our organization was created to uphold the truths in the Declaration and the limitations upon government in the Constitution,” he writes. “Not alone in such an endeavor, we welcome all who treasure what our nation’s Founders produced.” [John Birch Society, 2011]
Less Overt Racist, Anti-Semitic Stances - During the Kennedy and Johnson administrations, the JBS painted the civil rights movement as a Communist conspiracy, accusing “ignorant” and “uneducated” African-Americans of either being witting or unwitting dupes of a Communist conspiracy against America. It launched a powerful and well-organized assault on the civil rights movement, calling it a “fraud” and labeling it the “Negro Revolutionary Movement.” Some JBS publications and officials also asserted that the nation’s financial system was controlled largely by Jews with little if any loyalty to the US, and in some instances actively working to undermine and destabilize America’s economy. Such assertions led many to characterize the JBS as a racist and anti-Semitic organization, characterizations that the organization has always disputed. It has touted its very small number of African-American and Jewish members as proof of its claims not to be institutionally racist or anti-Semitic. In 2010, the liberal Political Research Associates (PRA) wrote: “The JBS… discouraged overt displays of racism, while it promoted policies that had the effect of racist oppression by its opposition to the Civil Rights movement. The degree of political racism expressed by the JBS was not ‘extremist’ but similar to that of many mainstream Republican and Democratic elected officials at the time. This level of mainstream racism should not be dismissed lightly, as it was often crude and sometimes violent, treating Black people in particular as second-class citizens, most of whom had limited intelligence and little ambition. In [one JBS publication], Martin Luther King, Jr. is portrayed as an agent of a massive communist conspiracy to agitate among otherwise happy Negroes to foment revolution, or at least promote demands for more collectivist federal government intrusion.” PRA also went on to note that one of its founders, Revilo P. Oliver, was forced to resign from the JBS after making anti-Semitic and racist comments at a 1996 JBS rally. And, the PRA wrote, “When crude antisemitism was detected in JBS members, their membership was revoked[,]” though the organization still held that anti-American Jews were attempting to do damage to the nation’s economy. “At its core, however, the Birch view of the conspiracy does not reveal it to be controlled or significantly influenced by Jews in general, or a secret group of conniving Jews, nor is their evidence of a hidden agenda within the Society to promote suspicion of Jews. The Society always struggled against what it saw as objectionable forms of prejudice against Jews, but it can still be criticized for having continuously promoted mild antisemitic stereotyping. Nevertheless, the JBS was closer to mainstream stereotyping and bigotry than the naked race hate and genocidal antisemitism of neonazi or KKK groups. In a sense, the Birch society pioneered the encoding of implicit cultural forms of ethnocentric White racism and Christian nationalist antisemitism rather than relying on the White supremacist biological determinism and open loathing of Jews that had typified the old right prior to WWII. Throughout its existence, however, the Society has promoted open homophobia and sexism. The Society’s anti-communism and states rights libertarianism was based on sincere principles, but it clearly served as a cover for organizing by segregationists and White supremacists. How much of this was conscious, and how much unconscious, is difficult to determine.” [Political Research Associates, 2010] McManus calls attempts to point out the JBS’s history of implicit racism and anti-Semitism as deliberate, dishonest attempts to “stigmatize” the group, usually by persons and organizations who are working to implement a one-world government and see the JBS as a roadblock to that goal. “There was no evidence that the Society was racist, neo-Nazi, anti-Semitic, or subversive of good order,” McManus claims. “But that didn’t stop many from making such charges.… There were some attempts to defend JBS against the flood of vicious characterizations but these were overwhelmed by widespread and undeserved nastiness. No private organization in our nation’s history had ever been treated so unfairly.” He calls efforts to show the JBS as racist “vicious” and false. “If truth were told,” he writes, “the John Birch Society should be congratulated nationally for its important work in diffusing racial animosities.” [John Birch Society, 2011] Many prominent white supremacist leaders used their membership in the JBS to help promote their more overtly racist organizations (see 1970-1974 and 1973). Former Ku Klux Klan leader Johnny Lee Clary has said the JBS “is just a political version of the KKK, without the name of the KKK. They center on the political ideas of the Klan and are not as vocal in public on the ideas of the racial superiority, but they attract the same people and say the same things behind closed doors.… They are racist, and full of hate and are officially listed as a hate group with several civil rights organizations throughout the USA” (see April 13, 2009). Among other non-white leaders, the JBS has labeled South Africa’s Nelson Mandela as a “Communist tyrant” (see December 11, 2009).
Reframing Itself - In the late 1970s, the JBS saw its influence waning as more modern organizations comprising what some have called the “New Right” came to the fore. In the 1980s, the JBS lost even more influence after attacking Reagan administration policies. It managed to revive itself by toning down its anti-Communist rhetoric and emphasizing its warnings about the New World Order and positioning itself as a long-time advocate of right-wing, muscularly patriotic popularism. Author and journalist Andrew Reinbach notes that the JBS provided an ideological “seed bank” for many of the tenets currently embraced by the various “tea party” organizations on the right (see February 4-8, 2010 and February 15, 2010), an assertion echoed by conservative journalist Matthew Boyle. [Huffington Post, 9/12/2011; Daily Caller, 11/29/2011] McManus credits the JBS with helping bring about the impeachment of then-President Clinton, stopping the establishment of a free-trade entity in the Western Hemisphere, and putting an end to what it calls “the drive to a sovereignty-compromising North American Union.” McManus says JBS efforts to “educate” the world about the UN has prevented that organization “from becoming the tyrannical world government intended by its founders.” He writes that the JBS successfully thwarted the federal government’s alleged plans to federalize all American law enforcement, and credits the JBS’s black membership with preventing wholesale rioting and insurrection during the Civil Rights Era. He touts the JBS as being one of the primary organizations that blocked the passage of the Equal Rights Amendment. And he credits the JBS with being among the first organizations to warn about what it calls the dangers of illegal immigration. He touts the support of, among others, presidential candidate Ron Paul (R-TX—see 1978-1996 and July 22, 2007) and conservative commentator Pat Buchanan (see June 12, 2009, June 20, 2009, July 16, 2009, and October 18, 2011 and After) as validating the organization’s ideology and positions, and notes that in recent years, the JBS was an official sponsor of the Conservative Political Action Conference (see April 19, 2010 and February 9-11, 2012). And he claims that attempts to paint tea party organizations as far-right, racist, or homophobic are similar to the efforts by Communists and NWO conspiratists to destroy the Society. He concludes by writing to prospective members: “Don’t allow yourself to be influenced by the false image created by the Society’s enemies. Our country is under attack and The John Birch Society offers a workable plan to combat it.” [John Birch Society, 2011]

Entity Tags: John F. Kennedy, John Birch Society, Dwight Eisenhower, Conservative Political Action Conference, Barry Goldwater, Andrew Reinbach, George C. Wallace, Ron Paul, United Nations, Richard M. Nixon, Political Research Associates, Patrick Buchanan, Martin Luther King, Jr., Nelson Mandela, Revilo P. Oliver, Johnny Lee Clary, Robert Welch, John F. McManus

Timeline Tags: Domestic Propaganda

Presidential candidate Mitt Romney (R-MA) criticizes the influence of super PACs and third-party organizations in political campaigns, calling the “new entities” a “disaster” and claiming that campaign finance laws have “made a mockery of our political campaign season.” Romney was the first to form a presidential super PAC, Restore Our Future (ROF—see June 23, 2011), and that organization has been extraordinarily successful in raising money to use for Romney’s benefit (see January 31, 2012, February 6, 2012, March 11, 2012, May 21, 2012, and Late May 2012). In an appearance on MSNBC, Romney says: “This is a strange thing in these campaign finance laws. They set up these new entities, which I think is a disaster, by the way. Campaign finance law has made a mockery of our political campaign season.… We really ought to let campaigns raise the money they need and just get rid of these super PACs.” Republicans have advocated for unlimited direct contributions (see April 27, 2011, May 26, 2011 and After, January 10, 2012, January 21, 2012, and January 31, 2012) to candidates’ campaigns. Such direct contributions are currently illegal. Asked if he would ask ROF to stop running an ad that drew criticism from its target, Romney’s primary challenger Newt Gingrich (R-GA), he answers: “It’s illegal, as you probably know. Super PACs have to be entirely separate from a campaign and a candidate. I’m not allowed to communicate with a super PAC in any way, shape, or form. If we coordinate in any way whatsoever, we go to the big house.” Gingrich has recently said that the idea of super PACs running entirely independently of the campaigns they work to assist is “baloney,” stating: “They ought to take this junk [negative ads] off the air. And don’t hide behind some baloney about, this ‘super PAC that I actually have no control over that happens to be run by five of my former staff.’ That’s just baloney.” ROF was created by, and is staffed by, many former aides and colleagues of Romney’s. Gingrich has named a former aide, Rick Tyler, to work with his super PAC, Winning Our Future. [CBS News, 12/11/2011]

Entity Tags: Winning Our Future, Restore Our Future, Willard Mitt Romney, Newt Gingrich

Timeline Tags: Civil Liberties, 2012 Elections

A federal appeals court strikes down a Wisconsin law limiting how much a single person can donate to independent political action committees, or PACs. The ruling is made in favor of a lawsuit filed by Wisconsin Right to Life (WRTL), which sued in August 2011 just before a round of recall elections targeting nine state senators. The courts issued a temporary injunction on the law, and the appeals court makes the repeal permanent. Before the ruling, Wisconsin law mandated that individuals could give no more than $10,000 to a PAC. The court rules that such limitations restrict free speech. WRTL’s Barbara Lyons calls the ruling a “sweeping victory” that will allow the group to “significantly contribute to the state and national dialogue on speech and elections.” But Mike McCabe of the Wisconsin Democracy Campaign disagrees, saying that the ruling renders candidates almost irrelevant as special interest groups and their money become dominant in campaigns: “I’m not sure that very many people will notice a difference because money is flowing so freely in Wisconsin politics,” he says. “There’s no shortage of channels through which special interest funds can flow.” The court cites the Supreme Court’s Citizens United decision, which allows unlimited contributions to campaign organizations by corporate and union donors (see January 21, 2010), as the basis for its ruling. Judge Diane Sykes writes in the majority opinion: ”Citizens United held that independent expenditures do not pose a threat of actual or apparent quid pro quo corruption, which is the only governmental interest strong enough to justify restrictions on political speech. Accordingly, applying the $10,000 aggregate annual cap to contributions made to organizations engaged only in independent spending for political speech violates the First Amendment.” The ruling is expected to have a tremendous impact on recall elections scheduled for 2012, including the recall of Governor Scott Walker (R-WI), as groups both in support of and opposition to the recalls can spend large amounts of money on campaign advertising. [Associated Press, 12/11/2011; Think Progress, 12/13/2011] WRTL won a landmark Supreme Court case in 2007 that struck down restrictions on so-called “issue advertising” (see June 25, 2007), a ruling that directly impacted today’s court finding. Days later, the local Chippewa Herald will write an editorial criticizing the ruling. The editorial specifies the “dialogue” that WRTL’s Lyons means “a heavy rotation of television and radio ads, phone calls, and direct-mail pieces.” WRTL’s purpose in its electioneering is fairly transparent, the Herald states, but many of the special interest groups involved in such electioneering are not transparent at all. “Do we want our campaigns to be about what the candidates stand for—heard directly from them—or about issue ads where candidates are either supported or attacked through a thinly veiled message urging people to contact a particular candidate?” The Herald notes that much of the $44 million spent on the state senate recalls “came from groups not subject to the state campaign contribution limit,” and few Wisconsin citizens know who those groups are. “The courts have ruled that political contributions and campaign spending is a First Amendment right,” the Herald states. “But those contributions and spending should not be done in secret or through a maze of groups and organizations that operate like legal money launderers.” The Herald advocates “complete disclosure” to “ensure openness and a clean and healthy democracy.” [Chippewa Herald, 12/14/2011]

Entity Tags: Chippewa Herald, Wisconsin Right to Life, Barbara Lyons, Mike McCabe, Scott Kevin Walker, Diane Sykes

Timeline Tags: Civil Liberties

Congress passes a defense spending bill with controversial provisions authorizing the indefinite military detention, or rendering to a foreign country or entity, without charge or trial, of any person, including US citizens, detained, arrested, or captured anywhere in the world, including the US. The bill is the 2012 National Defense Authorization Act (NDAA) (H.R. 1540 and S. 1867). [GovTrack, 12/31/2012] The NDAA created controversy soon after the indefinite detention provisions were revealed (see July 6, 2011 and after). Civil liberties and human rights advocates raised concerns about sections 1026, 1027, and 1028, which restrict transfers and releases of prisoners from the US prison at Guantanamo, including those found to be innocent, but the most controversial parts of the bill are Sections 1021 and 1022, which provide for indefinite military detention. A federal judge will later issue a preliminary injunction barring enforcement of Section 1021, finding it unconstitutional (see May 16, 2012). [Verdict, 12/21/2011]
Detention Authorities Currently Unclear, Not Settled by NDAA - The Supreme Court ruled by plurality in Hamdi v. Rumsfeld (2004) (see June 28, 2004 that Yaser Esam Hamdi, a US citizen captured by the Northern Alliance in Afghanistan and alleged to have been armed and traveling with a Taliban unit (see December 2001), could be held by the military without charge or trial until the end of hostilities authorized by the 2001 Authorization for Use of Military Force (AUMF). In other circumstances, such as persons not engaged in armed combat with US forces, or persons arrested or captured away from a battlefield, or inside the United States, the rights of prisoners and the legality of indefinite military detention are unsettled issues, and the NDAA provides no clarification. The AUMF makes no reference to the detention of prisoners or military operations inside the United States, but both the Bush and Obama administrations have consistently interpreted language giving the president authority to use “all necessary and appropriate force” to include broad powers of detention. Due to the lack of clear expression of the scope of these authorities in the AUMF, as well as potential conflicts with the Constitution, related case law includes differing judicial opinions. Supreme Court rulings have not addressed all the questions raised by the complexity of the issues involved. [New York Times, 12/1/2011; Secrecy News, 2/6/2012; Elsea, 6/11/2012 pdf file; Salon, 12/15/2012] The NDAA states in 1021(d), “Nothing in this section is intended to limit or expand the authority of the president or the scope of the [AUMF],” and (e): “Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.” [Public Law 112 81 pdf file] This language was included following the nearly unanimous passage of Senate Amendment (SA) 1456. It was a compromise, following the defeat of three other amendments proposed by members of Congress concerned about the NDAA’s blanket detention authority: SA 1107, introduced by Senator Mark Udall (D-CO), which would have removed detention provisions from the bill and required the executive branch to submit a report to Congress on its interpretation of its detention powers and the role of the military; SA 1125, introduced by Senator Diane Feinstein (D-CA), which would have limited the definition of covered persons to those captured outside US borders; and SA 1126, also introduced by Feinstein, which would have would have excluded US citizens from indefinite detention provisions. [Senate, 12/1/2011; The Political Guide, 12/31/2012] Supporters of broad detention authority say the entire world is a battlefield, and interpret Hamdi to mean any US citizen deemed an enemy combatant can legally be detained indefinitely by the military. Opponents point out that Hamdi was said to have been fighting the US in Afghanistan, and that military detention without trial is limited to those captured in such circumstances. Opponents also say the 1971 Non-Detention Act outlawed indefinite detention of US persons arrested in the US. Feinstein, who submitted SA 1456 inserting the compromise language, states: “[T]his bill does not change existing law, whichever side’s view is the correct one. So the sponsors can read Hamdi and other authorities broadly, and opponents can read it more narrowly, and this bill does not endorse either side’s interpretation, but leaves it to the courts to decide.” Senator Carl Levin (D-MI), sponsor of the original NDAA in the Senate, agrees, saying: “[W]e make clear whatever the law is. It is unaffected by this language in our bill.” [Senate, 12/1/2011]
NDAA 'Affirms' Authority Not Expressly Granted in AUMF, Further Muddies Already Unclear Powers - In the NDAA, Congress attempts to settle some of the aforementioned legal questions by asserting in the NDAA that these authorities were included in the AUMF or that the president already possessed them (unless the courts decide otherwise). Section 1021(a) states: “Congress affirms that the authority of the president to use all necessary and appropriate force pursuant to the [AUMF]… includes the authority for the Armed Forces of the United States to detain covered persons (as defined in sub-section (b)) pending disposition under the law of war… (c)(1) until the end of the hostilities authorized by the [AUMF].” This clear statement regarding detention authority is an implicit acknowledgment that the AUMF neither explicitly authorizes indefinite military detention, nor spells out the scope of such authority. As noted above, both the George W. Bush and Obama administrations, citing the AUMF, have claimed this authority, and some courts have upheld their interpretation. However, as noted by critics of the bill such as the American Civil Liberties Union (ACLU), Human Rights Watch (HRW), and constitutional scholar Glenn Greenwald, this is the first time Congress has codified it. Also, despite Congress’s assertion in the NDAA that it does not “expand… the scope of the [AUMF],” the language in the bill does exactly that. The AUMF pertained only to those responsible for the 9/11 attacks, or those who harbored them. Subsection (b)(2) of the NDAA expands the definition of covered persons and activities to include “[a] person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.” Terms such as “substantially supported,” “directly supported,” and “associated forces” are not defined in the NDAA and are thus subject to interpretation, introducing new ambiguities. In addition, though the AUMF does not explicitly authorize it, the NDAA clearly covers any person, including US persons, “captured or arrested in the United States,” should the courts decide that the AUMF did, in fact, authorize this, or that it is otherwise constitutional. A federal judge will later issue a preliminary injunction barring enforcement of this section of the NDAA, in part because of its conflicting, vague language but also because of her finding that it infringes on the right to due process, and to freedom of speech and association (see May 16, 2012). [Public Law 112 81 pdf file; American Civil Liberties Union, 12/14/2012; Human Rights Watch, 12/15/2012; Salon, 12/15/2012]
Section 1022: Mandatory Military Custody for Non-US Citizen Members of Al-Qaeda - Section 1022 requires that those determined to be members of al-Qaeda or “an associated force” and who “participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners” be held in “military custody pending disposition under the law of war.” This section is somewhat less controversial than section 1021 as it is more specific and limited in scope, and contains an exemption for US citizens, such that section 1022 may be applied to US citizens, but is not required to be: (b)(1) “The requirement to detain a person in military custody under this section does not extend to citizens of the United States.” [Public Law 112 81 pdf file]
Obama Administration Insisted on Broad Detention Authority - According to Senators Levin and Lindsey Graham (R-SC), the Obama administration required that detention authorities be applicable to US citizens, including those arrested in the US. Levin says that “language which precluded the application of section 1031 [1021 in the final bill] to American citizens was in the bill we originally approved in the Armed Services Committee, and the administration asked us to remove the language which says that US citizens and lawful residents would not be subject to this section.” [Senate, 11/17/2011] Graham says: “The statement of authority I authored in 1031 [1021 in final bill], with cooperation from the administration, clearly says someone captured in the United States is considered part of the enemy force regardless of the fact they made it on our home soil. The law of war applies inside the United States not just overseas.” [Senate, 11/17/2011]
How Congress Votes - With President Obama having signaled he will sign the bill, the Senate votes 86-13 in favor, with one abstention. Six Democrats and six Republicans vote against it, along with Senator Bernie Sanders (I-VT). [Open Congress, 12/15/2011] The House votes 283-136 in favor of the bill, with 14 abstentions. Democrats are evenly divided, with 93 voting for the NDAA and 93 against. Republicans voting are overwhelmingly in favor: 190-43, almost four out of five. Obama will sign the NDAA into law by December 31, 2011 (see December 31, 2011). [Open Congress, 12/14/2011]
Fallout over Bill - The same day Congress votes to pass the bill, two senators who voted for it, Feinstein and Patrick Leahy (D-VT), introduce a bill to restrict presidential authority to indefinitely detain US citizens (see December 15, 2011). A poll that will be conducted shortly after the bill is passed finds that only one in four “likely voters” approve of it (see December 22-26, 2011). Less than six months after the bill is signed into law, a federal judge will issue a preliminary injunction barring enforcement under section 1021 (see May 16, 2012), in response to a lawsuit that will be filed by seven activists and journalists (see January 13, 2012).

Entity Tags: Bernie Sanders, George W. Bush, Dianne Feinstein, Carl Levin, Glenn Greenwald, Patrick J. Leahy, Barack Obama, Mark Udall, Human Rights Watch, American Civil Liberties Union

Timeline Tags: Civil Liberties

The logo of InfoCision, the telemarketing firm that received much of the ASWF monies.The logo of InfoCision, the telemarketing firm that received much of the ASWF monies. [Source: InfoCision]Presidential candidate Newt Gingrich (R-GA) has apparently exploited a loophole in campaign finance law that has allowed him to build what McClatchy News calls “a political money machine that raised $54 million over five years,” according to McClatchy reports. Gingrich has used “a supposedly independent political committee that collected unlimited donations” to “finance… a coast-to-coast shadow campaign that raised his profile and provided a launch pad for his presidential run.” Critics call the ASWF issue another aftereffect of the Citizens United decision (see January 21, 2010).
$54 Million over 5 Years - The Gingrich-supporting PAC, “American Solutions for Winning the Future” (ASWF) was closed down in July 2011. Organized as a so-called “527 group” (see 2000 - 2005 and June 30, 2000), the tax-exempt, “nonprofit” organization raised $28.2 million in the two-year period ending December 31, 2010, the last period for which McClatchy has data. The Center for Responsive Politics reports that ASWF raised almost double the amount garnered by the next closest 527. The organization raised some $54 million throughout its existence, from 2006 to July 2011. McClatchy has learned some of the details behind ASWF and is now revealing them to the public. The organization provided at least $8 million to pay for the chartered luxury jets that Gingrich used to fly back and forth around the nation for public appearances and campaigning for president. The jet charters occurred during the 2008 and 2012 presidential primaries.
Largely Financed by Billionaire, Corporate Donations - ASWF has accepted enormous cash donations from billionaires such as Sheldon Adelson, a Las Vegas casino owner, who has emerged as Gingrich’s primary benefactor. Adelson has given $7.65 million to ASWF, including a million-dollar startup contribution in 2006. According to an Adelson spokesperson, “he and Speaker Gingrich go back a number of years.” Adelson is a prominent supporter and financier of Israeli Prime Minister Benjamin Netanyahu, and like Gingrich holds far-right, aggressively territorial views about Israel. Gingrich has made provocative statements about Israel and the Palestinian people over the years, denying that the Palestinians are a separate people and declaring his support for Israel’s forced-settlement plans that have displaced many Palestinians. A Gingrich spokesman says Adelson and others merely gave to the organization because they agree with Gingrich’s views. Charlotte, North Carolina, real estate developer Fred Godley gave ASWF $1.1 million in 2007 and another $100,000 in 2009. Energy firms donated heavily to ASWF: Peabody Energy, the world’s largest private coal producer, and its chief lobbyist Fred Palmer gave ASWF $825,000. Arch Coal, the US’s second-largest coal company, gave $100,000. Oil and gas firm Devon Energy gave $400,000, as did American Electric Power Company and its CEO Michael Morris. Plains Exploration Company gave $200,000. The late Cincinnati billionaire Carl Lindner gave $690,000. Dallas real estate firm Crow Holdings gave $600,000. Minnesota broadcasting mogul Stanley Hubbard gave $385,000. Wisconsin businessman Terry Kohler gave $328,082. California businessman Fred Sacher gave $275,000. NASCAR president James France gave $264,000. Home Depot co-founder Bernie Marcus gave $250,000. Another Las Vegas casino owner, the late Frank Fertitta Jr., gave $250,000, along with his sons; together the three of them co-owned a casino and the Ultimate Fighting Championship sports league. Former CarMax and Circuit City chief Richard Sharp gave $150,000. Stock brokerage titan Charles Schwab gave $150,000. Cincinnati Reds owner Robert Castellini gave $146,000. Political science professor Larry Sabato says that in light of such enormous contributions, “there’s no way that any politician is going to deny you much of anything that you want.”
New Super PACs Supplanting ASWF - In place of ASWF, two new pro-Gingrich super PACs have formed to support Gingrich’s attempt to close the gap between himself and frontrunner Mitt Romney (R-MA) in the Republican primary.
'Diabolical Scheme' to 'Circumvent' Campaign Finance Law - Campaign expert Lawrence Jacobs calls Gingrich’s use of ASWF “clever,” and adds, “Looking back, and now seeing Gingrich as the frontrunner… it’s an ingenious, diabolical scheme to circumvent what’s left of the campaign finance regime.” Jacobs says of the organization: “The money wasn’t used literally to finance a campaign for a particular office. It was used for a general, over-time campaign to keep Gingrich alive politically—an enormously luxurious campaign operation to sustain his political viability for the right time to jump into the presidential race. It’s no accident that he’s popped in in 2012.” Jacobs says ASWF operated “right on the line” of legality. Sabato says ASWF played a key role in resuscitating Gingrich’s flagging political career. His term as speaker of the House ended in scandal and resignation, and his high-profile divorces and profligate personal and campaign spending had led many to assume that Gingrich’s political career was over. But Sabato says Gingrich used ASWF to create what he calls a new kind of informal candidacy, one that shows the inherent weakness of campaign finance laws that are supposed to ensure “nobody could give so much money that they would become too influential, too powerful.” ASWF was always nominally independent, as required by law, but in 2009 Gingrich ousted its board of directors and took the title of general chairman. Gingrich never formed a formal exploratory committee before declaring his candidacy for president. McClatchy observes, “None of his Republican presidential rivals, nor any other federal candidate for that matter, is known to have operated such a committee before formally declaring his or her candidacy.” Gingrich spokesperson R.C. Hammon says Gingrich did not begin considering a presidential campaign until April 2011, and all of his committee activities were “legitimate.” Hammond says: “The purpose of American Solutions was to advance an agenda of free enterprise and tri-partisan solutions. Those were the activities he was undertaking.” ASWF is just one of a network of political entities that Gingrich has created over the last 10 years. He has managed to enrich himself by charging lucrative fees for speeches, consulting for undisclosed health care industry firms, and selling historical documentaries and books. After the group was formed in the fall of 2006, Gingrich sent a letter to potential backers calling it a unique organization “designed to rise above traditional gridlocked partisanship” and to develop “breakthrough solutions to the most important issues facing this country.” Vin Weber, a former Minnesota congressman who served on ASWF’s board for two years, says the group “certainly helped build his path back into political prominence.” He adds, “They basically sent Newt around the country promoting American Solutions.” Weber is now supporting Romney for the presidency. He says that ASWF had “not gotten really up to speed in terms of programming” when he received a call, apparently in 2008, advising him that the board was being abolished. Gingrich then took over as the group’s general chairman.
Relatively Little Spent on Campaign Initiatives, Most Spent on Raising More Money - ASWF proposed a number of campaign and advertising initiatives that would appeal to conservative donors, including:
bullet a “Drill Now!” movement aimed at increasing US oil exploration;
bullet attempts to rally opposition to President Obama’s health care reform efforts;
bullet a campaign to fight climate change legislation that would call for reduced carbon emissions by industrial concerns.
But of $37.9 million raised from 2006 through 2009, the committee spent just $7.2 million on programs, according to its filings with the Internal Revenue Service. Most of the ASWF money was spent on telemarketers and direct-mail appeals to develop a loyal pool of wealthy contributors. InfoCision, an Ohio telemarketing firm that specializes in building lists of “small” donors, was paid some $30 million over the course of the organization’s existence, exhausting much of the money contributed. $17 million of that money was used to finance Gingrich’s travel. [McClatchy News, 12/19/2011; Think Progress, 12/19/2011]

Entity Tags: Bernie Marcus, Benjamin Netanyahu, Richard Sharp, R.C. Hammon, Plains Exploration Company, Sheldon Adelson, Stanley Hubbard, Terry Kohler, Vin Weber, American Electric Power Company, Barack Obama, American Solutions for Winning the Future, Willard Mitt Romney, Arch Coal, Newt Gingrich, Robert Castellini, McClatchy News, Michael Morris, Crow Holdings, Charles Schwab, Center for Responsive Politics, Carl Lindner, Devon Energy, Frank Fertitta Jr., Peabody Energy, Fred Palmer, Internal Revenue Service, InfoCision, James France, Fred Sacher, Larry J. Sabato, Fred Godley, Lawrence Jacobs

Timeline Tags: Civil Liberties, 2012 Elections

Representatives John Yarmuth (D-NY) and Walter Jones (R-NC) file a bill, the Yarmuth-Jones Disclose Act, that would amend the US Constitution to overturn the Citizens United ruling (see January 21, 2010) and take special-interest money out of American politics. The proposed amendment establishes that financial expenditures and in-kind contributions do not qualify as protected free speech under the First Amendment (see January 30, 1976, April 26, 1978, June 25, 2007, June 26, 2008, January 21, 2010, January 21, 2010, January 22, 2010, March 26, 2010, and December 12, 2011). It also makes Election Day—the first Tuesday in November—a legal holiday, and enables Congress to establish a public financing system that would serve as the sole source of funding for federal elections (see 1974, January 26, 2011 and After, June 27, 2011, and December 1, 2011). Yarmuth explains his proposal in the context of the Citizens United case, saying: “Corporate money equals influence, not free speech. The last thing Congress needs is more corporate candidates who don’t answer to the American people. Until we get big money out of politics, we will never be able to responsibly address the major issues facing American families—and that starts by ensuring our elections and elected officials cannot be bought by the well-off and well-connected.” Jones says in a statement: “If we want to change Washington and return power to the citizens of this nation, we have to change the way campaigns are financed. The status quo is dominated by deep-pocketed special interests, and that’s simply unacceptable to the American people.” Jones is one of the very few Republicans in Congress who is willing to advocate for campaign finance reform. It is unlikely the bill will pass the Republican-controlled House, and Senate Republicans would likely block it if it made it to that chamber. Amendments to the Constitution require a two-thirds vote in both chambers of Congress before being approved by three-fourths of state legislatures. [US House of Representatives, 12/20/2011; WFPL, 12/20/2011; Think Progress, 12/20/2011] This is not the first attempt to amend the Constitution to overturn Citizens United and regulate campaign financing (see September 20, 2011, November 23, 2010, November 1, 2011, and November 18, 2011).

Entity Tags: Walter Jones, 2012 Yarmuth-Jones Disclose Act, John Yarmuth

Timeline Tags: Civil Liberties

Republican presidential frontrunner Mitt Romney (R-MA) tells MSNBC reporter Chuck Todd that wealthy donors should be able to give unlimited amounts directly to candidates in lieu of donating to “independent” organizations such as super PACs (see March 26, 2010, June 23, 2011, and November 23, 2011). The US history of campaign finance law (see 1883, 1896, December 5, 1905, 1907, June 25, 1910, 1925, 1935, 1940, February 7, 1972, 1974, May 11, 1976, January 30, 1976, January 8, 1980, March 27, 1990, March 27, 2002, and December 10, 2003), including the 2010 Citizens United decision (see January 21, 2010), has always put stringent limitations on what donors can contribute directly to candidates. Asked if he thinks the Citizens United decision was a poor one, Romney responds: “Well, I think the Supreme Court decision was following their interpretation of the campaign finance laws that were written by Congress. My own view is now we tried a lot of efforts to try and restrict what can be given to campaigns, we’d be a lot wiser to say you can give what you’d like to a campaign. They must report it immediately and the creation of these independent expenditure committees that have to be separate from the candidate, that’s just a bad idea.” Ian Millhiser, a senior legal analyst for the liberal news Web site Think Progress, responds: “It’s not entirely clear from this interview that Romney understands what happened in Citizens United. That decision emphatically did not follow any ‘interpretation of campaign finance laws that were written by Congress.’ Rather, Citizens United threw out a 63-year-old federal ban on corporate money in politics.… [I]t was not a case of judges following the law. More importantly, however, Romney’s proposal to allow wealthy donors to give candidates whatever they’d ‘like to a campaign’ is simply an invitation to corruption (see October 17, 2011). Under Romney’s proposed rule, there is nothing preventing a single billionaire from bankrolling a candidate’s entire campaign—and then expecting that candidate to do whatever the wealthy donor wants once the candidate is elected to office. Romney’s unlimited donations proposal would be a bonanza for Romney himself and the army of Wall Street bankers and billionaire donors who support him, but it is very difficult to distinguish it from legalized bribery.” Millhiser notes that Romney had a different view on the subject in 1994, saying then that when you allow special interest groups to buy and sell candidates, “that kind of relationship has an influence on the way that [those candidates are] going to vote.” [Think Progress, 12/21/2011]

Entity Tags: Willard Mitt Romney, Charles David (“Chuck”) Todd, Ian Millhiser

Timeline Tags: Civil Liberties, 2012 Elections

A public opinion poll finds the 2012 National Defense Authorization Act (NDAA), which provides for indefinite military detention of anyone accused of supporting groups hostile to the United States, has low support among the general public. The poll, conducted by IBOPE (formerly known as Zogby) shortly after the bill is passed by Congress (see December 15, 2011), finds that just 24 percent of Americans who are “likely voters” say they support the NDAA, and only 4 percent strongly support it. Thirty-eight percent oppose it, and another 38 percent are unsure. Thirty percent of Republicans, 22 percent of independents, and 21 percent of Democrats approve of the law. The results of the poll will be released on January 6, 2012, after President Obama signs the bill into law (see December 31, 2011). The bill began generating controversy six months ago, after the American Civil Liberties Union highlighted the indefinite detention provisions (see July 6, 2011 and after). [IBOPE Inteligência, 1/6/2012]

Entity Tags: Zogby International, IBOPE Inteligência

Timeline Tags: Civil Liberties

The Montana Supreme Court rules 5-2 in the case of Western Tradition Partnership v. Bullock that a century-old law prohibits corporate spending in state and federal elections conducted within the state. The ruling seems to challenge the US Supreme Court’s Citizens United ruling (see January 21, 2010). The case stems from a challenge by a “social welfare organization,” Western Tradition Partnership (WTP, which changed its name to American Tradition Partnership after the original lawsuit was filed), joined by two other corporate entities, to Montana’s 1912 Corrupt Practices Act (CPA). The law banned corporate spending in elections, after two out-of-state copper industry magnates attempted to “buy” the Montana legislature by pouring money into the 1894 state elections. The law declares that “corporations may not make… an expenditure in connection with a candidate or a political committee that supports or opposes a candidate or a political party.” The Montana Supreme Court finds that the CPA is needed to ensure the integrity of Montana’s elections, and to make sure that citizens and not corporations are running the state. However, the Court acknowledges that its ruling conflicts with the Citizens United decision, though it says that the Citizens United decision allows for restrictions on corporate political speech if the government can demonstrate that the restrictions are as minimal as possible to achieve a compelling governmental interest. The Montana Court rules that because of Montana’s history of corporate vote-buying and the narrow restrictions of the CPA, the law should stand. It also notes that Western Tradition Partnership argued in its original suit that disclosure laws, as opposed to outright bans, would serve the public interest and guard against corruption; however, the organization is currently involved in another lawsuit in which it argues that those same disclosure laws are unconstitutional restrictions of the freedom of speech. [Western Tradition Partnership v. Bullock et al, 12/30/2011 pdf file; Los Angeles Times, 1/4/2012; Reuters, 6/25/2012; OMB Watch, 6/25/2012; Washington Post, 6/25/2012; OMB Watch, 7/10/2012] Even one of the dissenters, Justice James C. Nelson, disagrees with the Citizens United characterizations that corporations are legally people, writing: “Corporations are not persons. Human beings are persons, and it is an affront to the inviolable dignity of our species that courts have created a legal fiction which forces people—human beings—to share fundamental, natural rights with soulless creatures of government. Worse still, while corporations and human beings share many of the same rights under the law, they clearly are not bound equally to the same codes of good conduct, decency, and morality, and they are not held equally accountable for their sins. Indeed, it is truly ironic that the death penalty and hell are reserved only to natural persons.” WTP’s director Donald Ferguson says after the decision that the case hinges on freedom of speech (see January 21, 2010): “The current state law says that if you own a business and you would like to use the resources of the business to speak out about how you see the law, you essentially have to ask prior permission from the state. Under the current regime, the state regulatory agencies and the newspapers basically have a monopoly on information. We’re simply trying to put more free speech in motion.” [Los Angeles Times, 1/4/2012; Huffington Post, 1/4/2012]
Legal Scholars Anticipate Montana Ruling to be Overturned - Paul Ryan of the Campaign Legal Center calls the Montana high court’s ruling “an antidote to the crabbed view of corruption” displayed in Citizens United. Ryan, like many others, anticipates the US Supreme Court will overturn today’s ruling. [Huffington Post, 1/4/2012] One of those others is law professor Richard Hasen, who writes: “[I]f the Court were being honest in Citizens United, it would have said something like: ‘We don’t care whether or not independent spending can or cannot corrupt; the First Amendment trumps this risk of corruption.’ But the Court didn’t say that, because it would have faced even greater criticism than it already has. So it dressed up its value judgment (no corruption ‘implied in law’) as a factual statement. The Montana Supreme Court called SCOTUS [the US Supreme Court] on this. And when SCOTUS reverses, the disingenuousness of this aspect of CU will be on full display for all.” Hasen is referring to the Court’s finding in Citizens United that independent spending in elections does not legally imply corruption. [Rick Hasen, 1/1/2012]
Appeal to Supreme Court - Attorneys for WTP and the other corporate plaintiffs will appeal to the US Supreme Court on the grounds that Montana is bound by the Citizens United decision and that the decision applies to state as well as federal elections. Attorney James Bopp, in filing the appeal, will say: “If Montana can ban core political speech because of Montana’s unique characteristics, free speech will be seriously harmed. Speakers will be silenced because of corruption by others over a century ago.” The US Supreme Court will quickly issue a stay of that decision. [Reuters, 6/25/2012; OMB Watch, 6/25/2012] When the case reaches the US Supreme Court, the name of the plaintiff will change into “American Tradition Partnership,” and the Court’s documentation will reflect that change. The Court will overrule the Montana decision (see June 25, 2012). After the decision, American Tradition Partnership’s Web site will disappear, but the liberal accountability organization SourceWatch will describe the organization’s parent, the American Tradition Institute, as described in the group’s mission statement: “a public policy research and educational foundation… founded in 2009 to help lead the national discussion about environmental issues, including air and water quality and regulation, responsible land use, natural resource management, energy development, property rights, and free-market principles of stewardship.” ATI and its affiliates are pro-development and against expanded environmental regulation, according to SourceWatch’s documentation, made up of “a broader network of groups with close ties to energy interests that have long fought greenhouse gas regulation.” [SourceWatch, 2012]

Entity Tags: American Tradition Institute, American Tradition Partnership, Donald Ferguson, James C. Nelson, 1912 Corrupt Practices Act (Montana), SourceWatch, US Supreme Court, Paul S. Ryan, Montana Supreme Court, James Bopp, Jr, Richard L. Hasen

Timeline Tags: Civil Liberties

President Obama signs a controversial bill passed by Congress (see December 15, 2011), which gives the president power to order indefinite military detention for anyone deemed an enemy combatant, including US citizens arrested or captured in the United States. Obama had threatened to veto the 2012 National Defense Authorization Act (NDAA) on a number of occasions, but once certain restrictions on presidential authority were removed, he became willing to sign it. For instance, the original version of the bill required that persons covered by the bill be held prisoner by the military and prosecuted by military tribunals, if at all. Obama was of the view that by requiring military detention, Congress was intruding on areas under the purview of the executive branch, and in ways that would impede the ability of the executive branch to effectively gather intelligence, fight terrorism, and protect national security. He also believed the bill was unnecessary and potentially risky in order to codify detention authority, and that the president already had authority, via the 2001 Authorization to Use Military Force (AUMF) and subsequent court rulings, to unilaterally designate persons, including US citizens, as enemy combatants and subject them to indefinite military detention without trial. [White House, 12/31/2011; Salon, 12/15/2012] For the same reasons, Secretary of Defense Leon Panetta, CIA Director David Petraeus, FBI Director Robert Mueller, Director of National Intelligence James Clapper, White House Advisor for Counterterrorism John Brennan, and DOJ National Security Division head Lisa Monaco were also opposed to the mandatory military detention provisions. [ACLU, 12/7/2011] Also, according to Senator Carl Levin (D-MI), a sponsor of the NDAA, “[L]anguage which precluded the application of section 1031 [1021 in the final bill] to American citizens was in the bill we originally approved in the Armed Services Committee, and the administration asked us to remove the language which says that US citizens and lawful residents would not be subject to this section.” [Senate, 11/17/2011] With the bill drafted so that military detention was optional, and an option US citizens were subject to (see December 15, 2011), Obama signaled he would sign it, despite having concerns that it was still unduly restrictive of executive authority, and it unnecessarily codified authority that had been exercised for 10 years and had been upheld by a number of lower court decisions. [White House, 12/17/2011 pdf file] However, in a non-binding signing statement attached to the bill, Obama says he is signing the bill “despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists.” Obama does not specify what his reservations are, but promises: “[M]y administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a nation.” [White House, 12/31/2011]
Controversy over Indefinite Detention Provisions - Though 86 percent of US senators and almost two-thirds of the House of Representatives voted to pass the NDAA (see December 15, 2011), and the bill is signed by Obama, the military detention measures are opposed by a number of constitutional experts and public interest organizations, and a significant percentage of the general public (see December 22-26, 2011).

Entity Tags: James R. Clapper Jr., Carl Levin, Barack Obama, Central Intelligence Agency, Federal Bureau of Investigation, US Department of Justice, US Department of Defense, Leon Panetta, Robert S. Mueller III, John O. Brennan, David Petraeus, Lisa Monaco

Timeline Tags: Civil Liberties

Rick Santorum, campaigning in January 2012.Rick Santorum, campaigning in January 2012. [Source: New Orleans Times-Picayune]Republican presidential candidate Rick Santorum (R-PA), enjoying a surge of popularity among Iowa caucus voters, makes what many perceive as a racially biased attack on poor black Americans. At a campaign stop in Sioux City, Iowa, Santorum points to African-Americans as being the major recipients of federal economic assistance, and tells a largely white audience that he does not want to “make black people’s lives better by giving them somebody else’s money.” The federal social welfare system is being used to exploit its beneficiaries, Santorum says, according to a CBS News transcript, and adds: “It just keeps expanding—I was in Indianola a few months ago and I was talking to someone who works in the Department of Public Welfare here, and she told me that the state of Iowa is going to get fined if they don’t sign up more people under the Medicaid program. They’re just pushing harder and harder to get more and more of you dependent upon them so they can get your vote. That’s what the bottom line is.… I don’t want to make black people’s lives better by giving them somebody else’s money; I want to give them the opportunity to go out and earn the money.” Santorum’s original question was about reducing foreign influence on American culture. Asked about his statement by CBS reporter Scott Pelley, Santorum says he is not aware of the context of his remark, but says he recently watched the documentary Waiting for Superman, which examines American public schools. Apparently referring to his own statement, he says: “I’ve seen that quote, I haven’t seen the context in which that was made. Yesterday I talked for example about a movie called, um, what was it? ‘Waiting for Superman,’ which was about black children and so I don’t know whether it was in response and I was talking about that.” (The film depicts students from a variety of races, and does not focus on a particular racial group.) He adds: “Let me just say that no matter what, I want to make every lives [sic] better—I don’t want anybody—and if you look at what I’ve been saying, I’ve been pretty clear about my concern for dependency in this country and concern for people not being more dependent on our government, whatever their race or ethnicity is.” (Think Progress reporter Marie Diamond calls Santorum’s response “bizarre.”) CBS finds that 84 percent of Iowa’s welfare recipients are white; only 9 percent of Iowans on welfare are black. Nationally, 39 percent of welfare recipients are white, 37 percent black, and 17 percent Hispanic. The poverty statistics between the three races are heavily skewed, with 27.4 percent of blacks living in poverty, 26.6 percent of Hispanics, and 9.9 percent of whites. Diamond writes, “Santorum’s decision to single out black welfare recipients plays right into insulting—and inaccurate—stereotypes of the kind of people some voters might expect to want a ‘handout.’” [CBS News, 1/2/2012; Raw Story, 1/2/2012; Think Progress, 1/3/2012]
Appeal to Conservative Iowa Voters? - Raw Story’s Stephen C. Webster writes that Santorum may be trying to appeal to conservative Iowan voters with his thinly veiled racial attack. Ninety-one percent of Iowans are white. [Raw Story, 1/2/2012]
Santorum Claims He Said 'Blah,' Not 'Black' - Two days after making the remark, and one day after acknowledging to Pelley that he had intended to single out blacks in his statement, Santorum denies using the word “black” in his statement, and denies making any racial allusion. He tells CNN’s John King: “I’ve looked at that quote, in fact I looked at the video. In fact, I’m pretty confident I didn’t say black. I started to say is a word and then sort of changed and it sort of—blah—mumbled it and sort of changed my thought.” On Fox News, Santorum says: “I don’t single out on any group of people, that’s one thing I don’t do. I don’t divide people by group and race and class. I believe that in no people in this country. And I condemn all forms of racism. There’s no one that’s been out here working, as you know, in the inner city, and with people of all different races.” He says that the criticism over the remark is from “someone trying to cause trouble.” [Raw Story, 1/3/2012; Think Progress, 1/5/2012] Conservative blogger Ed Morrissey pins the blame on CBS for using the word “black” in its transcript of Santorum’s remarks. According to Morrissey’s interpretation of the video, Santorum said, stumbling over the key word, “I don’t want to make [pause] lives, people’s lives better by giving them somebody else’s money.” CBS “put words in [Santorum’s] mouth,” Morrissey accuses. [Ed Morrissey, 1/3/2012] Mediaite’s Tommy Christopher says there is room for doubt that Santorum used the word, and writes that Santorum said, “I don’t want to make… mmbligh… people’s lives better.” Christopher believes that Santorum may have intended to say the word “black,” but choked it off in mid-word. Christopher embeds a video clip from CBS in his article, and concludes, “The viewer can judge, but even as an LGBT-friendly liberal, I’m inclined to give Santorum the benefit of the doubt here.” [Mediaite, 1/3/2012] NPR also reported Santorum as using the word “black” in his comment. [National Public Radio, 1/3/2012] The National Urban League takes the stance that Santorum indeed singled out blacks for his criticism. NUL president Marc Morial accuses Santorum of pandering to racists in the GOP, and says: “Senator Santorum is perpetuating a thoroughly false and destructive racial stereotype in a desperate attempt to score political points. He is appealing to the lowest common denominator within the electorate and quite frankly should be ashamed of himself.… Social safety net programs serve families in dire circumstances from all walks of life. Many of those who now find themselves in need, whatever their ethnic background, are the very people who have contributed into these programs throughout their entire working lives. By falsely suggesting that people of color are a disproportionate drain on resources provided mainly by whites, Santorum deliberately fans the flames of racial divisiveness.” Morial notes that in 2005, Santorum admitted that he earned over $162,000 a year as a US senator and lived in a $643,361 home, but depended on his parents, retired federal employees, for financial assistance. Morial notes, “Most people receiving assistance are not earning six-figure salaries and living in a lavish suburban mansion.” [National Urban League, 1/3/2012] The NAACP’s Benjamin Jealous, appearing on a show hosted by MSNBC’s Ed Schultz, later says that it is obvious Santorum did say “black people” and Santorum’s denials “defy logic.” Jealous says Santorum’s comments were “divisive, wrong, and based on stereotypes.” The vast majority of SNAP recipients are non-blacks, Jealous says, “and yet, when [Santorum] thinks public assistance, he thinks black, and that’s just unfortunate.” [MSNBC, 1/5/2012] Think Progress’s Alex Seitz-Wald will later write, “There’s ample video evidence suggesting that Santorum did, in fact, say ‘black,’ but Santorum’s denial is especially surprising considering that he seemed to acknowledge making the comments earlier yesterday.” [Think Progress, 1/5/2012] NewsOne’s Terrell Jermaine Starr later writes that it is obvious Santorum said “black,” and observes: “Rick Santorum must think we’re stuck on stupid.… [E]ven if he was referring to ‘blah people,’ from which demographic do they come? Is this racial category (if ‘blah people’ are a race at all) on the US Census?” [NewsOne, 1/5/2012] Santorum will later claim that he actually said the word “plives,” and not “black.” He will explain that he was briefly tongue-tied while trying to say “people’s lives,” and had no intention of saying “black people’s lives.” He will also claim that he has done more in black communities “than any Republican in recent memory.” [Think Progress, 1/10/2012]

Entity Tags: Marc H. Morial, CBS News, Ed Morrissey, Edward Andrew (“Ed”) Schultz, John King, Alex Seitz-Wald, Marie Diamond, Benjamin Jealous, Terrell Jermaine Starr, Tommy Christopher, National Public Radio, National Urban League, Stephen C. Webster, Scott Pelley, Rick Santorum

Timeline Tags: Domestic Propaganda, 2012 Elections

Presidential candidate Rick Santorum (R-PA) reiterates his long-held belief that individual states should have the right to outlaw the use and availability of contraception if they so choose. “The state has a right to do that, I have never questioned that the state has a right to do that,” he tells an ABC News reporter. “It is not a constitutional right, the state has the right to pass whatever statues they have.” Think Progress’s Igor Volsky notes that Santorum has long stated his opposition to the 1965 Supreme Court ruling that invalidated a Connecticut law banning contraception, and has promised that he would entirely take away federal funding for contraception if elected president. Volsky cites data noting that 99 percent of American women between the ages of 15 and 44 have used contraception, and contraceptive devices are mainstays in the effort to prevent unwanted pregnancies and reduce the spread of sexually transmitted diseases. According to the Guttmacher Institute, without federal funding through Medicaid and Title X, “abortions occurring in the United States would be nearly two-thirds higher among women overall and among teens; the number of unintended pregnancies among poor women would nearly double.” [ABC News, 1/2/2012; Think Progress, 1/3/2012]

Entity Tags: Igor Volsky, Rick Santorum, Guttmacher Institute

Timeline Tags: US Health Care

Washington Post columnist Ruth Marcus sharply criticizes the actions of so-called “super PACs.” Super PACs are political organizations that exist to influence elections, which take unlimited amounts of outside money from donors, including individuals, unions, and corporations, and pool that money to advocate for or against a candidate (see March 26, 2010). By law, super PACs are supposed to operate independently of a candidate’s official campaign organization. A mere 12 donors, including several corporations, one union, and a number of billionaires, made up over half of the donations given to super PACs in the first half of 2011, and Republican super PACs have outraised Democratic super PACs by more than a 2-1 margin (see August 4, 2011). Marcus writes that the presidential election is already devolving into an affair “without meaningful contribution limits or timely disclosure, outsourced to political action committees whose spending often dwarfs that of the candidates they support.” The PACs and super PACs rarely obey the law and operate independently of the candidates they support. The Republican primary season demonstrates just how powerful they are: the super PAC supporting presidential candidate Mitt Romney (R-MA), “Restore Our Future,” has spent $4 million attacking Republican candidate Newt Gingrich (R-GA). The veneer of independence for Restore Our Future is thin: it is run by former Romney political director Carl Forti, its treasurer Charles Spies was Romney’s general counsel, its head fundraiser Steve Roche used to head the Romney 2012 finance team, and Romney has spoken at Restore Our Future events (see June 23, 2011). However, Marcus notes, “up-to-date information about who is bankrolling this effort will not be available until the end of January, by which point four states will have voted and Romney may have the nomination wrapped up.” Restore Our Future was last required to report its donors to the Federal Election Commission (FEC) in July 2011, when it reported raising $12 million. Gingrich’s own super PAC, “Winning Our Future,” is primarily funded by billionaire casino owner Sheldon Adelson, and their fellow Republican candidate Governor Rick Perry (R-TX) has the super PAC “Make Us Great Again.” Long-shot Republican candidate Jon Huntsman’s super PAC, “Our Destiny,” is reportedly funded primarily by Huntsman’s wealthy father. And President Obama’s super PAC, “Priorities USA Action,” has launched anti-Romney ads. Marcus writes, “The rise of these groups erodes the twin pillars of a functional campaign finance system: limits on the size of contributions and timely information about who is writing the checks.” Her concerns are echoed by veteran campaign finance reformer Fred Wertheimer, who recently said: “The establishment of the candidate-specific super PAC is a vehicle to completely destroy candidate contribution limits. It is a vehicle that will spread to Congress and it will lead us back to a system of pure legalized bribery, because you will be back, pre-Watergate, to unlimited contributions that are going for all practical purposes directly to candidates.” For now, super PACs, with their supposed independence, are free to air advertisements attacking opposing candidates while the candidate they support, Marcus writes, “gets to remain above the fray, not required to appear on camera to say that he or she approved this message.” FEC official Ellen Weintraub tells Marcus, “I view the super PAC as the evil twin of the candidate’s campaign committee.” Referring to the legal limit of $2,500 for donations to candidates from individual or corporate donors, Weintraub says, “How can it possibly be true that to give more than $2,500 to a candidate is potentially corrupting but to give millions to an outside group that is acting on the candidate’s behalf is not?” Marcus concludes by saying that “dangerous” super PACs will only increase their influence as the presidential campaign season continues. [Washington Post, 1/3/2012]

Entity Tags: Fred Wertheimer, Willard Mitt Romney, Winning Our Future, Charles R. Spies, Carl Forti, Barack Obama, Washington Post, Federal Election Commission, Steve Roche, Ruth Marcus, Make Us Great Again, Jon Huntsman, James Richard (“Rick”) Perry, Newt Gingrich, Priorities USA Action, Ellen L. Weintraub, Our Destiny, Sheldon Adelson, Restore Our Future

Timeline Tags: Civil Liberties, 2012 Elections

Author and columnist Steven Rosenfeld writes that the big winner of the 2012 Iowa caucuses is likely not any of the Republican presidential candidates, but the “independent” super PACs (see March 26, 2010, June 23, 2011, and November 23, 2011) that dominated spending in that state during the primary campaign (see January 3, 2012). Rosenfeld calls super PACs “satellite political campaigns that supposedly act independently of the candidates,” but patently do not. The process has become predictable, Rosenfeld writes: the candidate’s campaign, stating the candidate’s name as “approv[ing] this message,” airs positive, uplifting ads, while the super PAC working with that candidate airs a barrage of negative ads that slam other candidates while never stating the candidate being supported. “And then the candidates hypocritically decry their mudslinging allies,” Rosenfeld writes. Some of the Republican campaign ads were critical of the super PAC attacks on their candidates. Iowa citizen Jill Jepsen told a reporter: “Oh goodness. I just don’t listen to it. I can’t listen to it. It makes me sick.” Super PACs are required by law to report their donors, but their lawyers have been successful in filing papers to push back filing deadlines until after early primaries. Rosenfeld writes, “Such intentional secrecy means the handful of big money donors behind these groups—there were 264 registered PACs as of last week, with assets of $32 million—will not be accountable to anyone other than their candidate of choice.” The super PACs have plenty of money for later primaries, according to information from the Center for Responsive Politics. Rosenfeld cites recent remarks by law school professor Kendall Thomas, who told an audience that in his opinion, super PACs are a perfect representation of “the face of American capitalism.” The Citizens United decision (see January 21, 2010) would, in Rosenfeld’s description of Thomas’s words, “unleash outsized and unaccountable players into the American political arena… just as globalization has ushered large corporate players into the international economic order.” Thomas said, “We need to contest the vision of politics, and the vision of politics embraced in Citizens United, which views citizenship and constitutional democracy as part of the world of commodities.” Rosenfeld concludes: “[T]he losers in the Iowa caucuses are not just the Republicans with the fewest supporters. They are that state’s voters—and voters in the primary and caucus states to follow—who will experience a political process increasingly distant from their lives.” [AlterNet, 1/4/2012]

Entity Tags: Kendall Thomas, Steven Rosenfeld, Jill Jepsen

Timeline Tags: Civil Liberties, 2012 Elections

Sheldon Adelson at a celebration of the opening of his Sands Cotai Central casino in Macau, April 2012.Sheldon Adelson at a celebration of the opening of his Sands Cotai Central casino in Macau, April 2012. [Source: Aaron Tam / AFP / Getty Images / ProPublica]Casino owner Sheldon Adelson, one of America’s wealthiest individuals, gives $5 million to a super PAC acting on behalf of Republican presidential candidate Newt Gingrich. Adelson’s fortune comes from casinos he owns in Las Vegas and Asia. Adelson has let it be known that he intends to donate much more during the campaign season, both in the primaries and in the general election, when a Republican will challenge President Obama for the presidency. The Washington Post calls Adelson’s donation “the latest in an avalanche of campaign cash flooding the presidential season to independent groups known as super PACs.” Adelson donates the money to Winning Our Future, a super PAC whose predecessor, American Solutions for Winning the Future (ASWF), is plagued with allegations of misconduct and illicit involvement by Gingrich (see December 19, 2011). ASWF was also a benefactor of Adelson’s donations, both monetary and in Adelson’s permission for Gingrich to use his personal aircraft. According to a person close to Adelson, the billionaire is willing to spend at least $5 million more, either on Gingrich or the Republican nominee for president. The source adds that Adelson wants to keep Gingrich competitive in the primary race at least through the January 21 South Carolina primary. If Gingrich does well in South Carolina, as he is predicted to, the source says Gingrich’s super PAC may well receive another hefty donation. In December 2011, Adelson denied saying he planned on donating $20 million to the organization. Adelson and his wife Miriam have known Gingrich since the mid-1990s, when Adelson was locked in disputes with labor unions and government regulators over his construction of the massive Venetian casino in Las Vegas. Like Gingrich, Adelson is extremely conservative on the subject of Israel. Gingrich, buoyed with super PAC donations in recent weeks, did well in the Iowa caucuses (see January 3, 2012) against frontrunner Mitt Romney, whose own super PAC, Restore Our Future, has a stable of wealthy donors keeping pro-Romney and anti-Gingrich ads on the airwaves (see June 23, 2011 and January 3, 2012). Reportedly, Romney’s supporters begged Adelson not to make his contribution to Gingrich, and instead to let Gingrich’s campaign wither without Adelson’s support. Gingrich’s campaign intends to use much of the donation for airtime in South Carolina, and to air portions of a film documenting Romney’s time as CEO of Bain Capital, a private equity firm that oversaw the bankruptcy and dissolution of numerous small businesses and corporations. Gingrich claims Adelson is acting entirely on his own, saying, “If he wants to counterbalance Romney’s millionaires, I have no objection to him counterbalancing Romney’s millionaires.” [Washington Post, 1/7/2012; New York Times, 1/9/2012] Slate columnist Will Oremus observes: “There’s no question that Gingrich has been paid for by Sheldon Adelson. It’s up to voters to decide whether he’s been bought.” [Slate, 1/27/2012]

Entity Tags: Newt Gingrich, Bain Capital, American Solutions for Winning the Future, Miriam Adelson, Winning Our Future, Will Oremus, Restore Our Future, Willard Mitt Romney, Washington Post, Sheldon Adelson, Barack Obama

Timeline Tags: Civil Liberties, 2012 Elections

The Republican National Committee (RNC) files a court brief calling the federal ban on direct corporate donations to candidates unconstitutional, and demanding it be overturned. Such direct donations are one of the few restrictions remaining on wealthy candidates wishing to influence elections after the 2010 Citizens United decision (see January 21, 2010). The brief is in essence an appeal of a 2011 decision refusing to allow such direct donations (see May 26, 2011 and After). The RNC case echoes a request from Senator Mike Lee (R-UT) that he be allowed to form and direct his own super PAC (see November 23, 2011), and recent remarks by Republican presidential frontrunner Mitt Romney (R-MA) calling for donors to be allowed to contribute unlimited amounts to candidates (see December 21, 2011). The RNC brief claims: “Most corporations are not large entities waiting to flood the political system with contributions to curry influence. Most corporations are small businesses. As the Court noted in Citizens United, ‘more than 75 percent of corporations whose income is taxed under federal law have less than $1 million in receipts per year,’ while ‘96 percent of the 3 million businesses that belong to the US Chamber of Commerce have fewer than 100 employees.’ While the concept of corporate contributions evokes images of organizations like Exxon or Halliburton, with large numbers of shareholders and large corporate treasuries, the reality is that most corporations in the United States are small businesses more akin to a neighborhood store. Yet § 441b does not distinguish between these different types of entities; under § 441b, a corporation is a corporation. As such, it is over-inclusive.” Think Progress legal analyst Ian Millhiser says the RNC is attempting to refocus the discussion about corporate contributions onto “mom and pop stores” and away from large, wealthy corporations willing to donate millions to candidates’ campaigns. If the court finds in favor of the RNC, Millhiser writes: “it will effectively destroy any limits on the amount of money wealthy individuals or corporation[s] can give to candidates. In most states, all that is necessary to form a new corporation is to file the right paperwork in the appropriate government office. Moreover, nothing prevents one corporation from owning another corporation. For this reason, a Wall Street tycoon who wanted to give as much as a billion dollars to fund a campaign could do so simply by creating a series of shell corporations that exist for the sole purpose of evading the ban on massive dollar donations to candidates” (see October 30, 2011). [United States of America v. Danielcytk and Biagi, 1/10/2012 pdf file; Think Progress, 1/11/2012] The RNC made a similar attempt in 2010, in the aftermath of Citizens United; the Supreme Court refused to hear an appeal of its rejection. [New York Times, 5/3/2010; Tom Goldstein, 5/14/2012] Over 100 years of US jurisprudence and legislation has consistently barred corporations from making such unlimited donations (see 1883, 1896, December 5, 1905, 1907, June 25, 1910, 1925, 1935, 1940, March 11, 1957, February 7, 1972, 1974, May 11, 1976, January 30, 1976, January 8, 1980, March 27, 1990, March 27, 2002, and December 10, 2003). Shortly after the Citizens United ruling, RNC lawyer James Bopp Jr. confirmed that this case, like the Citizens United case and others (see Mid-2004 and After), was part of a long-term strategy to completely dismantle campaign finance law (see January 25, 2010).

Entity Tags: Republican National Committee, Halliburton, Inc., ExxonMobil, Ian Millhiser, Michael Shumway (“Mike”) Lee, Willard Mitt Romney, US Supreme Court, US Chamber of Commerce, James Bopp, Jr

Timeline Tags: Civil Liberties, 2012 Elections

A journalist and activist sues to overturn provisions in a US defense spending bill that authorize indefinite military detention, including of US citizens, who are accused of being associated with groups engaged in hostilities with the United States (see December 15, 2011, December 31, 2011). The indefinite detention provisions in the NDAA caused considerable controversy from the time they were first proposed (see July 6, 2011 and after). Chris Hedges, formerly of the New York Times, and his attorneys, Carl J. Mayer and Bruce I. Afran, file the suit seeking an injunction barring enforcement of section 1021 (formerly known as 1031) of the 2012 National Defense Authorization Act (NDAA), alleging it is unconstitutional because it infringes on Hedges’ First Amendment right to freedom of speech and association and Fifth Amendment right to due process, and that it imposes military jurisdiction on civilians in violation of Article III and the Fifth Amendment. President Obama and Secretary of Defense Leon Panetta are named as defendants in the initial complaint, individually and in their official capacities. [TruthDig, 1/16/2012] Six other writers and activists will later join Hedges as plaintiffs in the lawsuit: Daniel Ellsberg, Jennifer Bolen, Noam Chomsky, Alexa O’Brien, “US Day of Rage,” Kai Wargalla, and Birgitta Jónsdóttir, who is also a member of parliament in Iceland. Senators John McCain (R-AZ), Harry Reid (D-NV), and Mitch McConnell (R-KY), and Representatives Nancy Pelosi (D-CA), John Boehner (R-OH), and Eric Cantor (R-VA), will be added as defendants, in their official capacities. [Final Complaint: Hedges v. Obama, 2/23/2012 pdf file] The plaintiffs, their attorneys, and two supporting organizations, RevolutionTruth and Demand Progress, will establish a Web site to provide news and information related to the case, including legal documents. [StopNDAA.org, 2/10/2012] The Lawfare Blog will also post a number of court documents related to the case, including some not available at StopNDAA.org, such as the declarations of Wargalla, O’Brien, and Jónsdóttir. [Lawfare, 4/4/2012] Journalist and activist Naomi Wolf will file an affidavit supporting the lawsuit. [Guardian, 3/28/2012] The judge in the case, Katherine B. Forrest, will issue a preliminary injunction enjoining enforcement of the contested section, finding it unconstitutional (see May 16, 2012).

Entity Tags: Chris Hedges, US Congress, US Department of Defense, United States District Court, New York, Southern Division, Carl Mayer, Birgitta Jónsdóttir, RevolutionTruth, Alexa O’Brien, Barack Obama, Noam Chomsky, White House, Mitch McConnell, Harry Reid, Eric Cantor, Daniel Ellsberg, Jennifer Bolen, Bruce Afran, Nancy Pelosi, Kai Wargalla, John McCain, Katherine B. Forrest, Leon Panetta, John Boehner

Timeline Tags: Civil Liberties

Republican presidential candidate Newt Gingrich says that the federal government should fire employees who hold liberal views, a suggestion that directly contravenes federal law. Gingrich makes his suggestion during a Fox News forum hosted by Fox talk show host Mike Huckabee, a 2008 presidential candidate. “I think an intelligent conservative wants the right federal employees delivering the right services in a highly efficient way and then wants to get rid of those folks who are in fact wasteful, or those folks who are ideologically so far to the left, or those people who want to frankly dictate to the rest of us,” he says. TPM Muckraker reporter Ryan J. Reilly writes that such an idea comes “uncomfortably close to being in conflict with a federal law making it illegal to take any personnel action against an employee ‘based on race, color, religion, sex, national origin, age, handicapping condition, marital status, or political affiliation.’ Accusations that political affiliation was taken into account would [usually] be investigated by the Office of Special Counsel.” Reilly goes on to note that similarly ideological-based discriminatory hiring practices were followed by the Bush administration. [TPM Muckraker, 1/14/2012]

Entity Tags: Fox News, Bush administration (43), Ryan J. Reilly, Mike Huckabee, Newt Gingrich

Timeline Tags: Domestic Propaganda

Fox News begins adopting the characterization of President Obama as “the food stamp president” currently being used by Republican presidential contender Newt Gingrich (see November 30 - December 2, 2011, January 5, 2012, and January 16, 2012). On January 17, Fox host Eric Bolling says of Obama: “But he is the food stamp president. There[.] I have no problem with this.… Obama has presided—presided over the biggest expansion in food stamp usage, in numbers: in pure dollar amount, it went from $60 billion to an $83 billion program—the fourth-largest entitlement program in America. Under Obama, it’s exploded. Why can’t he be—and by the way, food stamps, there are more white people on food stamps than black people. So it’s not a racial issue.” [Media Matters, 1/17/2012; Media Matters, 1/31/2012] The same day, Fox pundit Tucker Carlson says on Sean Hannity’s show that Gingrich is doing a “great job” explaining why Obama is “the food stamp president,” adding, “And more people have joined the food stamp program under Obama than any other president.” The day after, Fox pundit Dick Morris says on Hannity’s show: “Newt is totally right. When Obama took office, there were 32 million people on food stamps. Now, there are 46 million. What Obama has done is, under [former President] Clinton, he cut the welfare rolls in half, and now Obama has basically put everybody in the country on welfare.” Another of Hannity’s guests, former Governor Sarah Palin (R-AK), criticizes the White House for challenging Gingrich’s characterizations, saying “they protest too much because the facts are what they are—and that’s hundreds of thousands of more Americans are now on food stamps than before Barack Obama took over.” Hannity agrees, saying: “He is the food stamp president. Look at the numbers, they speak for themselves—32 million to 46 million, 12 million increase. Obama’s policies have resulted in a lot more people being on food stamps. What’s the problem?” Fox’s “straight news” anchor Monica Crowley reiterates the characterization on Fox News’s America Live, telling viewers: “At this point, what Newt is saying is that this administration took a bad economy and made it so much worse, with polices that have really oppressed job creation, suppressed economic growth, to the point where people cannot find jobs. And also, you know, one thing he didn’t say, which is the extension of unemployment benefits to 99 weeks and so on. You know how the situation in America… where you have record numbers of people not just on food stamps, 46 million, but record numbers of people on at least one or more social welfare programs, and that’s a direct result of the Obama administration’s policies.” [Media Matters, 1/19/2012; Media Matters, 1/31/2012] The liberal media watchdog organization Media Matters notes that according to the statistics, the number of food stamp recipients went up far more under President George W. Bush than under Obama, rendering the claims of Gingrich and the Fox News commentators inaccurate (see January 17, 2012). [Media Matters, 1/31/2012]

Entity Tags: Newt Gingrich, Eric Bolling, Dick Morris, Barack Obama, Fox News, Media Matters, Tucker Carlson, Sarah Palin, Sean Hannity, George W. Bush

Timeline Tags: Domestic Propaganda, 2012 Elections

The news Web site Politico reports that many Democrats are worried that the “flat-out” opposition of President Obama to super PACs, including the one supporting his re-election, will cripple the Obama campaign’s re-election campaign for 2012, especially in the face of enormous corporate donations for Republican-supporting super PACs. The super PAC that supports Obama, Priorities USA Action, has been in operation since 2011, but has so far raised relatively little—around $5 million—in comparison to Republican super PACs and other such organizations. The super PAC supporting Republican contender Mitt Romney (R-MA), Restore Our Future (ROF—see June 23, 2011 and July 12, 2011), has raised $12 million so far, and other groups such as American Crossroads and its “nonprofit” affiliate, Crossroads GPS, have raised far more. Former South Carolina Democratic Chairman Dick Harpootlian, a member of the Obama campaign’s national finance committee, says: “I don’t think the president is just ambivalent about his super PAC. He’s flat-out opposed to it.… I was at the national finance committee in Chicago, and these are the people with these connections, and nobody was talking, even behind the scenes, about writing checks to the super PAC. That’s a problem. We didn’t make the rules. The president has called out the Supreme Court on Citizens United to their faces (see January 21, 2010, January 24, 2010, and January 27-29, 2010).… But it’s the state of play now, and we have to look at what Romney’s PAC did to [Republican primary challenger Newt Gingrich] in Iowa (see January 3, 2012). It’s dangerous. We can’t unilaterally disarm.” So far, Obama’s campaign has pledged that neither Obama nor his top aides will raise money for super PACs, but the campaign says it realizes the magnitude of the threat posed by the wide-open fundraising from the GOP. In a concession, Obama’s senior campaign staff will allow their top bundlers to ask wealthy contributors for donations to Priorities USA Action. Vice President Joseph Biden has already spoken before a meeting of major donors in November 2011, hours after those donors heard fundraising pitches from Priorities USA Action and other Democratic groups. Democratic strategist Paul Begala, who is helping the Obama campaign reach out to donors, says: “Super PACs are like guns. In the right hands, a gun is useful, essential for defending your country and perfectly acceptable. In the wrong hands, they kill people.… My goal is to make sure the president doesn’t get outgunned.” Obama campaign advisor David Axelrod says of the organizations lining up behind Romney: “They’re talking upwards of half a billion dollars in negative ads aimed at the president from interest groups who don’t disclose and who can raise unlimited amounts of money. That is a very, very concerning thing to me.” [Politico, 1/18/2012]

Entity Tags: David Axelrod, American Crossroads, 2012 Obama presidential election campaign, Willard Mitt Romney, Barack Obama, Restore Our Future, Politico, Dick Harpootlian, Joseph Biden, Priorities USA Action, Newt Gingrich, American Crossroads GPS, Paul Begala

Timeline Tags: Civil Liberties, 2012 Elections

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