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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

Senator Mike Lee (R-UT).Senator Mike Lee (R-UT). [Source: Gabe Skidmore / Telestial State (.com)]Senator Mike Lee (R-UT)‘s “leadership PAC,” the Constitutional Conservatives Fund PAC (CCFPAC), writes to the Federal Election Commission (FEC) to ask for permission to collect unlimited contributions from corporations, labor unions, and individual donors for independent spending on behalf of other candidates. So-called “leadership PACs” are political committees set up and run by members of Congress, and other elected officials, to allow them to make contributions to other candidates and spend money on their behalf. It is a well-established method for Congressional members to build influence within their parties. The CCFPAC’s lawyers argue that there is no danger of other candidates being corrupted, because CCFPAC’s spending to help candidates get elected (or to attack their opponents) will be independent of those candidates. The request cites 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. Law professor Richard Hasen will argue that such a contention—that a candidate will not be corrupted because the spending on his or her behalf—is specious, and moreover, another danger exists, that of the corruption of the head(s) of the leadership PAC. He will write, “Corporations or labor unions (acting through other organizations to shield their identity from public view) could give unlimited sums to an elected official’s leadership PAC, which could then be used for the official to yield influence with others.” Any member of Congress could use his or her leadership PAC to effectively become the fundraising arm of their party, Hasen will write, merely by funneling all the money through that leadership PAC. Hasen argues that the McCain-Feingold ban on such “soft money” collections (see March 27, 2002) was not set aside by Citizens United, though he will cite a single sentence of the majority opinion in that decision as being a possible means of giving the CCFPAC request a veneer of legal justification: “We now conclude that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.” That sentence, Hasen will argue, “which denies the reality that large independent spending favoring a candidate can sometimes corrupt or create the appearance of corruption, looks like it may doom those soft-money rules too. The result of all this is that federal campaign finance law is unraveling even faster than pessimists expected after Citizens United.” [PAC, 10/17/2011 pdf file; Slate, 10/25/2011] Think Progress legal analyst Ian Millhiser will agree with Hasen, writing that “[i]n essence, Lee just sought permission to set up his own slush fund, powered by unlimited corporate donors, and use this slush fund to buy influence with his fellow lawmakers by running ads in their districts.… So Lee’s idea is that corporate CEOs, Wall Street tycoons, and other well-moneyed interests can show up at his office and turn over completely unlimited amounts of funds. Lee can then buy new friends in Washington and in state governments by channeling these corporate funds to an army of grateful politicians. And the more money corporate America gives him, the more powerful Lee becomes—and the more he owes this new found power to his brand new corporate sugar daddies.” [Think Progress, 10/26/2011]

Entity Tags: Richard L. Hasen, Federal Election Commission, Ian Millhiser, Michael Shumway (“Mike”) Lee, Constitutional Conservatives Fund PAC

Timeline Tags: Civil Liberties

The cover of ‘Suicide of a Superpower: Will America Survive to 2025?’The cover of ‘Suicide of a Superpower: Will America Survive to 2025?’ [Source: Occidental Dissident (.com)]Conservative commentator and author Pat Buchanan publishes his latest book, Suicide of a Superpower: Will America Survive to 2025? Kirkus Reviews, reviewing an advance copy, wrote before its public release that Buchanan “laments the fading of the Christian religion from American life because he sees it as an indispensable underpinning of our common culture.” Buchanan, the review notes, “fears the nation has abandoned its historic commitment to liberty and equality of opportunity to pursue a chimerical utopia of diversity and equality of result.” Buchanan does not actually predict the dissolution or destruction of America, but predicts “culture wars without end and a continuing self-segregation of Americans by ethnic group.” The review concludes: “Liberals may rightly dismiss this sprawling, often rambling book as nativist claptrap. Readers willing to excuse the nods to predictable right-wing shibboleths and bogeymen will find it a troubling analysis of how America has changed for the worse in the last half century, and how difficult it will be to pull it back from the loss of freedom and prosperity Buchanan sees not far ahead.” [Kirkus Reviews, 9/15/2011]
Heavy Criticism for 'Racist' Content' - Jillian Rayfield of the progressive news Web site TPM Muckraker reprints what she calls twelve “pretty racist or just crazy quotes” from the book. One accuses Barack Obama of engaging in a “long and successful campaign to expel Christianity from the public square, diminish its presence in our public life, and reduce its role to that of just another religion.” Many focus on Buchanan’s prediction that white Americans will soon become a minority, and as a result, American culture will collapse. Another accuses black Americans of benefiting from “Jim Crow in reverse,” where whites are systematically and legally disenfranchised and oppressed by minorities. “Back then, black and white lived apart, went to different schools and churches, played on different playgrounds, and went to different restaurants, bars, theaters, and soda fountains. But we shared a country and a culture. We were one nation. We were Americans.” Liberal whites, Buchanan writes, “may discover what it is like to ride in the back of the bus.” The 1964 and 1965 Civil Rights Act and Voting Rights Act took away key rights from white Americans, Buchanan asserts, instead of mandating equality for all Americans. Only before those laws took effect was America a nation of equality. Buchanan says that his desire to “expel” minorities is not racially motivated, merely an attempt to rescue American civilization and its “European majority.” He says that “49 of 50 muggings in New York City” are perpetrated by blacks. And he says that the Republican Party must become “the white party” if it is to retain its identity, arguing, “[W]hy should Republicans be ashamed to represent the progeny of the men who founded, built, and defended America since her birth as a nation?” [TPM Muckraker, 10/24/2011] Jeneba Ghatt of the Washington Times accuses Buchanan of repackaging long-disproven stereotypes of non-whites’ genetic and intellectual inferiority. “Anyone can attempt to sell books delivering doomsday-like message based on racist pseudo-Eugenics-based theories as Buchanan,” she writes. “Organizing, galvanizing, and trying to make a colossal effort to effectuate real change is a genuine challenge.” Instead of trying to change society for the better, she writes, Buchanan is “playing that old tired game of scapegoat.” Many Times commenters post scathing rebuttals to Ghatt’s article, citing “scientific” evidence of whites’ and Asians’ intellectual superiority over blacks and Hispanics, with one post calling Ghatt, an African-American, “still a slave” because she advocates equality for blacks. Others attack her given name as un-American and question why the Times would print her material. [Washington Times, 10/23/2011] Janet Shan of The Moderate Voice notes the bluntly racial and racist material in a chapter entitled “The End of White America,” where Buchanan cites statistics showing that within a few generations, whites in America will be a minority, largely because of the increasing number of non-white immigrants and whites being “outbred” by minority citizens. Buchanan focuses strongly on Hispanic-Americans, writing: “Mexico is moving north.… Will this Mexican nation within a nation advance the goals of the Constitution—to ‘insure domestic tranquility’ and ‘make us a more perfect union’? Or have we imperiled our union?” Shan responds: “In other words, America is heading for disaster since whites won’t be a majority. Really? Only Pat Buchanan could make a black or Latino feel dirty, just because of the color of their skin.” In a later chapter, “Equality vs. Freedom,” Buchanan claims that “the end to segregation and the legislated equality of rights for African Americans” have led to a “socialist utopia” and the collapse of everything he values about American society. Shan writes: “Is he condoning Jim Crow, segregation, and racial injustice in this country? Gee, I can’t seem to remember hearing Pat Buchanan’s name being mentioned in the struggle for racial justice and equality. Every time he is embroiled in controversy it is because of racially motivated comments emanating from his lips on national television. So, I guess, in other words, inequality is just fine for Pat Buchanan and his posse. Just as long as the white right-wing evangelicals are calling the shots.” She concludes: “Pat Buchanan is of the viewpoint that we can never create a nation in which all the races, tribes, cultures, and creeds of Earth are all equal. That utopia can never exist.… We can’t all be equal but that doesn’t mean we lose sight of the Biblical truth of taking care of the least among us. That doesn’t mean we can’t give each child the opportunity to succeed despite the color of his or her skin. I will say, this was a very riveting book and I suspect it will be a New York Times bestseller, but the racial undertones will continue to fan the flames of distrust and hatred for everything Pat Buchanan stands for.” [Janet Shan, 10/14/2011]
Conservative Support - At GoodReads (.com), reviewer John Caneday “admire[s]” Buchanan’s “Christian wisdom” as shown in the book, and writes: “He recognizes the spiritual decline in America is responsible for the cultural and political decline we are experiencing now.… He argues that the flood of third world immigration into the Western nations is one of the greatest forces for destruction in the modern world.… Many will charge Buchanan with racism, but the careful reader will realize that Buchanan sees these forces at work in every culture and every nation on earth. Diversity cannot possibly be a source of strength, as everywhere there is diversity, there is conflict.” [John Caneday, 12/15/2011] Free Republic (.com) blogger William L. Houston calls the book “the bluntest and most cogent statement of the truth about the present course of Western civilization that has been seen in American bookstores in many years.… Everything that real conservatives have privately known to be true for generations is finally aired in this brave and long overdue new book.” Buchanan calls the American left “a utopian death cult” bent on destroying America before it destroys itself. “The Baby Boomer elite that was captured by the counterculture in the 1960s has set America on a course to national oblivion: radical multiculturalism, open borders, the welfare state, affirmative action, the obsession with diversity, the embrace of the sick and degenerate ‘free love movement,’ the embrace of abortion and family planning, the embrace of an adversary secular culture that has flatly declared war on Christianity. As a historian, Pat Buchanan is here to remind us of the awful truth that this sort of progressive worldview and the lifestyle that accompanies it has consequences.” Whites are carrying non-white Americans “on [their] back[s]” now, Houston asserts; when “freedom loving European-Christian Americans” become the minority in America in 2042, the economy and the social underpinnings of America will collapse entirely. “Black America is culturally and economically a basket case,” Houston writes. “Hispanic America is worse off in some ways, better in others. White America has gone completely off the rails under the influence of the counterculture. Even Asian America has been negatively affected by the sickness of the dominant culture.” Whites are genetically and environmentally superior, Houston argues, and must continue to steer the nation to ensure its survival. [William L. Houston, 10/31/2011]
Praise from White Supremacists - Conservative blogger Hunter Wallace, a neo-Confederate and white supremacist, posts a lengthy, favorable review of the book, saying that it is Buchanan’s “boldest affront yet to the reigning racial and cultural taboos of Black Run Amerika.” Wallace, like Buchanan, focuses much of his attention on American minorities, decrying the fact that “[b]y 2042, White Americans are scheduled to become a minority in the United States.” He continues: “African-American and Hispanic tax consumers are becoming more aggressive and explicitly racial in their agenda. White taxpayers are becoming more defensive. The myth of a ‘post-racial’ society is collapsing. White racial attitudes are hardening again.” Both political parties, according to Buchanan and Wallace, are in danger of being overrun by what they call “officially aggrieved minorities,” especially since white birthrates are declining. America, a fundamentally Christian nation in their view, is also under siege from non-Christian religions and ideologies, and as a result, the “Western culture” that once sustained the nation “has collapsed and nihilism and chaos now reign in the realm of morality. Secular fantasy ideologies like liberalism, humanism, and communism have moved into the vacuum of faith. America is disintegrating as a nation because its people no longer share a common moral tradition. Instead, they bark at each other from across the ‘partisan divide.’ This is the inevitable prelude to our demise as a nation-state.” America’s economic system has become irrevocably corrupted, Buchanan and Wallace assert, by “a confused hybrid” of “liberal capitalist democracy [and] Marxism.” Gay rights, interracial marriage, the American celebration of diversity, and other “corrosive” phenomena, they observe, are heralding the final collapse of American culture, where “the scum of society” is allowed “to punch through the traditional racial, cultural, and religious restraints that have held degeneracy in check for generations and to rise to elite status in the former countries of Western civilization.” Wallace notess Buchanan’s failure to address what he calls “the Jewish question,” but says Buchanan’s decision to do so was “wise” “because 50 percent of American Jewry is scheduled to vacate the earth by 2050.” Wallace concludes, “Buchanan clearly believes that America will be torn apart by ethnonationalism in the 21st century in much the same that Europe was torn about by ethnonationalism in the 20th century,” and says the white, Christian values of “Middle America” are the only ideology that will “save” the nation. [Hunter Wallace, 10/26/2011] Steve Sailer, one of the owners of the white supremacist Web site VDare (.com), lauds Buchanan as a personal friend who “quotes me several times, citing my VDARE.com articles on the ‘racial ratio’—Affirmative Action beneficiaries vs. benefactors i.e. losers—and the real meaning of the Programme for International Student Assessment (PISA) scores among others.” Sailer praises Buchanan’s “genial honesty” in the book as well as his “bareknuckles” approach to the “truth” of the “decline” of American culture. After spending much of his review lambasting Barack Obama and the American left, Sailer concludes that Buchanan “is now perhaps the wisest, most objective-minded man in American public affairs.” [Steve Sailer, 10/19/2011]

Entity Tags: Jeneba Ghatt, Hunter Wallace, Barack Obama, Janet Shan, Civil Rights Act of 1964, Voting Rights Act of 1965, William L. Houston, John Caneday, Steve Sailer, Kirkus Reviews, Republican Party, Jillian Rayfield, Patrick Buchanan

Timeline Tags: Domestic Propaganda

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

An unofficial logo for the Cain presidential campaign.An unofficial logo for the Cain presidential campaign. [Source: Draft Cain (.org)]Republican presidential candidate Herman Cain (R-GA), who is battling allegations that he sexually harassed two former employees, is further shaken by reports that his campaign may have accepted illegal corporate donations. The apparently-defunct corporation, Prosperity USA, was run by Wisconsin political operatives Mark Block and Linda Hansen, who now serve as Cain’s chief of staff and deputy chief of staff, respectively. The corporation, which incorporated itself as a nonprofit, tax-exempt organization under federal tax law, helped get Cain’s campaign up and running by paying for tens of thousands of dollars in expenses, including computers, chartered flights, and travel to several states. Such payouts are possible violations of federal tax and campaign law. According to documents obtained by the Milwaukee Journal-Sentinel, Prosperity USA claims it was owed about $40,000 by the Cain campaign for a variety of items in February and March. It is unclear whether the Cain campaign has reimbursed Prosperity USA. Cain began taking donations for his presidential bid on January 1, 2011, but records indicate Prosperity USA may have been spending money on behalf of him well before that date. The records have been verified as authentic by sources close to Prosperity USA. Cain’s federal election filings make no mention of monies owed to Prosperity USA, and the figures in the documents do not match payments made by the Cain Campaign. Other payouts include a $100,000 fee to the Congress of Racial Equality (CORE), a conservative black organization; Cain spoke at the organization’s annual Martin Luther King Jr. dinner in mid-January, an event hosted by controversial conservative blogger Andrew Breitbart. CORE is heavily involved in tea party events. Apparently Cain was not paid for the appearance, inasmuch as his personal financial disclosure forms do not show any honorariums for speeches. [Milwaukee Journal-Sentinel, 10/30/2011; USA, 10/31/2011 pdf file]
Apparent Violations of Tax, Campaign Law - Election law experts say the transactions raise many questions about Priorities USA and its connection to the Cain campaign. A Washington, DC, lawyer who advises many Republican candidates and conservative groups on campaign issues, and refuses to be publicly identified, says, “If the records accurately reflect what occurred, this is way out of bounds.” She says it is a violation of tax law for Prosperity USA to advance money to the Cain campaign for the items invoiced, and the expenditures also seem to violate federal campaign regulations. “I just don’t see how they can justify this,” she says. “It’s a total mess.” Wisconsin campaign attorney Michael Maistelman, a Democrat who has worked for candidates from both parties, agrees, saying, “The number of questionable and possibly illegal transactions conducted on behalf of Herman Cain is staggering.” Think Progress legal expert Ian Millhiser writes that “if Prosperity USA effectively donated money to the Cain campaign by fronting money to them and agreeing not to be paid back, that is a violation of federal election law,” even if the Cain campaign eventually pays the money back. Block and Hansen have refused to comment on the issue. In 1997, Block, then advising the campaign of former Wisconsin Supreme Court Justice Jon Wilcox, settled allegations of election-law violations by agreeing to pay a $15,000 fine and to stay out of Wisconsin politics for three years. [Milwaukee Journal-Sentinel, 10/30/2011; Think Progress, 10/31/2011] Election lawyer Lawrence H. Norton, who formerly served as a general counsel for the Federal Election Commission (FEC), later says, “If they are supporting his campaign, whether directly or indirectly, they are violating the law.” [New York Times, 11/3/2011]
Connections to Koch-Funded Political Organization - In recent years, Block has run the Wisconsin chapter of Americans for Prosperity (AFP—see Late 2004), a nonprofit conservative lobbying and political action group co-founded by the conservative Koch brothers (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, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011). AFP played a key role in organizing the tea party movement. Block met Cain through AFP, and encouraged him to run for president. Block has incorporated a number of offshoot organizations and corporations from AFP, most of which bore the word “prosperity” in their names. AFP officials insist that Block’s organizations are legally separate from theirs. Documents show that when Block left AFP at the beginning of 2011, he left behind tens of thousands of dollars in unpaid invoices.
History of Involvement with Cain Campaign - Block’s largest group was the now-defunct Wisconsin Prosperity Network (WPN), envisioned as an umbrella organization that would spend over $6 million a year underwriting other conservative political organizations. Hansen was the group’s executive director. WPN was also set up as a tax-exempt nonprofit organization. Under the law, neither WPN nor Prosperity USA can have direct political involvement with any candidate or candidate organization. Sources familiar with the situation say the two organizations were closely linked, and raised hundreds of thousands of dollars from Wisconsin conservatives. One supporter, who still advocates for Cain and thusly refuses to have his name publicly disclosed, says he and many others are very upset with the groups for failing to use the money they raised for their intended purposes. The supporter names Hansen as being particularly responsible for the groups’ money usage. By February 2011, both groups were deeply in debt, with WPN showing a net loss of $62,000 and Prosperity USA showing net losses of $110,000. Prosperity USA’s biggest debt was an almost-$40,000 debit to “FOH,” which records show means “Friends of Herman Cain,” the name of Cain’s presidential operation. The debt includes almost $15,000 for what is called an “Atlanta invoice”; $17,000 for chartered flight service; $5,000 for travel and meetings in Iowa, Las Vegas, Dallas, Houston, and Louisiana; and $3,700 for iPads purchased for the Cain campaign. Other small-ticket items for travel and expenses by Block are listed as “not billed to FOH but due from them.” Other expenses include a September 2010 bill for $5,000 for costs incurred by Cain’s speech to the conservative Right Nation rally in Chicago, which records show Cain attended at the request of AFP; the Cain campaign later used a segment from that speech in a campaign ad. Prosperity USA also paid for a trip by Block to Washington, DC, to meet with billionaire oil magnate and conservative financier David Koch. Singer Krista Branch, who recorded “I Am America,” the unofficial anthem of the tea party movement, was supposed to be paid $3,000 by Prosperity USA; Cain has since adopted the song as his campaign theme. Branch’s husband, Michael, is a Cain campaign and fundraising consultant. The records also show $150,000 in loans from individuals who are not identified. Sources say Hansen paid much of that loan money to CORE earlier in the year. Michael Dean, the attorney for both Prosperity USA and WPN, resigned his position with WPN in the summer of 2011, and contacted the IRS about the organization’s tax-exempt status. And WPN is a listed litigant in a case pending before the Wisconsin Supreme Court.
'Outside Counsel' Will Review Allegations - The Cain campaign will respond by saying that an “outside” lawyer will review the allegations. “As with any suggestions of this type, we have asked outside counsel to investigate the Milwaukee Journal Sentinel’s suggestions and may comment, if appropriate, when that review is completed,” says campaign spokesman J.D. Gordon. Gordon refuses to identify the “outside counsel,” or give a time frame as to when the review will be complete. [Milwaukee Journal-Sentinel, 10/30/2011; New York Times, 11/3/2011]

Entity Tags: Herman Cain, Americans for Prosperity, Ian Millhiser, Andrew Breitbart, Congress of Racial Equality, Herman Cain presidential campaign (2012), Wisconsin Prosperity Network, J.D. Gordon, Milwaukee Journal-Sentinel, Prosperity USA, Linda Hansen, Lawrence H. Norton, Mark Block, Michael Dean, Michael Maistelman, Jon Wilcox

Timeline Tags: Civil Liberties, 2012 Elections

Six US Senators led by Tom Udall (D-NM) introduce a constitutional amendment that would give Congress the right to regulate the federal campaign finance system. The amendment is directed towards overturning the Citizens United decision that allows almost unregulated spending by corporations, unions, and special interests in political campaigns (see January 21, 2010). Udall is joined in sponsoring the amendment by Michael Bennett (D-CO), Tom Harkin (D-IA), Richard Durbin (D-IL), Charles Schumer (D-NY), Sheldon Whitehouse (D-RI), and Jeff Merkley (D-OR). In a press release from his office, Udall is quoted as saying: “As we head into another election year, we are about to see unprecedented amounts of money spent on efforts to influence the outcome of our elections. With the Supreme Court striking down the sensible regulations Congress has passed, the only way to address the root cause of this problem is to give Congress clear authority to regulate the campaign finance system.” In the same release, Bennett adds: “The Supreme Court’s reversal of its own direction in the Citizens United decision and other recent cases has had a major effect on our election system. State legislatures and Congress now may not be allowed to approve even small regulations to our campaign finance system. This proposal would bring some badly needed stability to an area of law that has been thrown off course by the new direction the Court has taken.” Harkin is quoted as saying: “By limiting the influence of big money in politics, elections can be more about the voters and their voices, not big money donors and their deep pockets. We need to have a campaign finance structure that limits the influence of the special interests and restores confidence in our democracy. This amendment goes to the heart of that effort.” And Merkley is quoted as saying: “It was President Lincoln who described the genius of American democracy as ‘government of the people, by the people, and for the people.’ We office holders work for the people. They elect us. They are in charge. Citizens United puts in motion the opposite: it moves us towards government by and for the powerful. As such, it is a dagger poised at the heart of American democracy. If we are going to preserve a government responsive to its citizens, we need commonsense reforms that give the American people a full voice. This constitutional amendment is essential for the people to be heard.” The amendment would:
bullet authorize Congress to regulate and limit the raising and spending of money for federal political campaigns and allow states to regulate such spending at their level;
bullet include the authority to regulate and limit independent expenditures, such as those from Super PACs, made in support of or opposition to candidates;
bullet not dictate any specific policies or regulations, but instead allow Congress to pass campaign finance reform legislation that withstands constitutional challenges. [US Senate, 11/1/2011]
Passing a constitutional amendment is not an easy task. Two-thirds of Congress must agree to the amendment, or two-thirds of state legislatures must call for the amendment. Once proposed, three-quarters of state legislatures must vote to ratify the amendment. [Think Progress, 11/2/2011] This is not the first proposal to amend the Constitution to limit corporate spending (see September 20, 2011).

Entity Tags: Tom Harkin, Jeff Merkley, Michael Bennet, Charles Schumer, Richard (“Dick”) Durbin, US Supreme Court, Tom Udall, Sheldon Whitehouse

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

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

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

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

2012 Iowa caucuses logo.2012 Iowa caucuses logo. [Source: MediaBistro (.com)]As Republican voters in Iowa go to cast their votes for the party’s presidential nominee in statewide caucuses, spending by the various candidates in the state is at an all-time high, topping $16 million. Broken down by candidate, the spending on candidate advertising, voter drives, and other political activities is as follows:
bullet Governor Rick Perry (R-TX): $4.3 million from his campaign. Perry’s super PAC, Make Us Great Again, has spent $1.6 million.
bullet Representative Ron Paul (R-TX): $2.8 million from his campaign.
bullet Former Governor Mitt Romney (R-MA): $1.5 million from his campaign. His super PAC, Restore Our Future (see June 23, 2011 and January 3, 2012), has spent $2.8 million.
bullet Former Representative Newt Gingrich (R-GA): $980,000 from his campaign. His super PAC, Winning Our Future (see December 19, 2011), has spent $264,000.
bullet Former Senator Rick Santorum (R-PA): $30,000 from his campaign. His super PAC, the Red White and Blue Fund, has spent $530,000.
bullet Representative Michele Bachmann (R-MN): $180,000 from her campaign.
The super PAC expenditures in Iowa primary activities—at least $6 million—far outstrip the $1.5 million spent by outside groups in Iowa in 2004 and the $3.4 million spent in 2008. Spending in upcoming primaries in other states is predicted to be even higher. [NBC News, 1/3/2012; Think Progress, 1/3/2012] The day before the primaries, the New York Times writes a blistering op-ed, “The Slush Funds of Iowa,” decrying the “unrelenting arctic blast of campaign ads” featuring “constant negativity” from the various campaigns. The Times calls the super PACs behind most of the ads “essentially septic tanks into which wealthy individuals and corporations can drop unlimited amounts of money, which is then processed into ads that are theoretically made independently of the candidates.” The Times says that regardless of the pretense of independence both the super PACs and the candidates maintain, “the PACs are, in fact, a vital part of the campaigns’ strategy.” The editorial cites an earlier Times report that cited Romney as an example, comparing the upbeat, family-oriented ads aired in Iowa by the Romney campaign with the relentless negative ads aired by his PAC, and saying that Romney “has effectively outsourced his negative advertising to a group that has raised millions of dollars from his donors to inundate his opponents with attacks.” The editorial notes, “Mr. Romney’s name is never mentioned [in the negative ads], and few [Iowa] viewers will realize that the ad’s producers are all close associates of his who worked on his campaign four years ago.” [New York Times, 1/2/2012]

Entity Tags: Make Us Great Again, Michele Bachmann, Newt Gingrich, James Richard (“Rick”) Perry, New York Times, Red, White and Blue Fund, Winning Our Future, Restore Our Future, Rick Santorum, Willard Mitt Romney, Ron Paul

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

Bradley A. Smith, the chairman of the Center for Competitive Politics (CCP) and a former commissioner and chairman of the Federal Election Commission (FEC) during the second Bush administration, writes that the Citizens United decision (see January 21, 2010) and the subsequent flood of corporate money into the political campaign continuum (see January 21, 2010, January 21, 2010, January 21-22, 2010, January 21, 2010, January 21, 2010, January 21, 2010, March 26, 2010, April 5, 2010, September 13-16, 2010, September 21 - November 1, 2010, October 2010, Mid-October 2010, October 18, 2010, Around October 27, 2010, June 23, 2011, July 12, 2011, August 4, 2011, October 27, 2011, November 23, 2011, December 1, 2011, January 3, 2012, January 6, 2012, and January 10, 2012) are good for American politics. [US News and World Report, 1/13/2012] According to a 2008 press report, Smith co-founded the CCP in 2006 in order to roll back campaign finance regulations, claiming that virtually any regulation is bad for politics. Smith has refused to reveal the financial sponsors that gave him the “seed money” to start the organization. Smith helped win the landmark SpeechNow case (see March 26, 2010) that allowed for the creation of “super PACs,” the organizations that are primarily responsible for flooding the campaign with corporate money. According to law professor Richard Hasen, Smith and the CCP have worked diligently to bring cases like the SpeechNow case to the Supreme Court so that the conservative-dominated Court can “knock them out of the park.” [Politico, 8/12/2008] Smith now writes: “Super PACs are not an evil tolerated under the First Amendment—they are what the First Amendment is all about. A super PAC, after all, is simply a group of citizens pooling resources to speak out about politics.” He claims that super PACs merely “leveled the playing field” after Democrats and Democratic-supporting organizations consistently outfunded Republican campaigns during elections. Super PACs have kept the presidential campaigns of candidates such as Rick Santorum (R-GA—see February 16-17, 2012) and Newt Gingrich (see December 19, 2011 and January 6, 2012) alive. Smith predicts that Democrats will easily outspend Republicans again once the presidential primary campaign concludes (see Around October 27, 2010), November 1, 2010 and May 5, 2011), but says, “Super PACs, however, will help level the field.” Smith claims that super PACs “disclose all of their expenditures and all of their donors,” and claims that any information to the contrary is wrong, as it is “confusing super PACs with traditional nonprofits such as the NAACP or the Sierra Club.” He concludes: “Super PACs are helping to shatter the old, established order, create more competition, and break the hold of special interests lobbyists—big business actually joined the ‘reform’ community in opposing super PACs in court. Are super PACs harming politics? Of course not. How odd that anyone would think that more political speech was bad for democracy.” [US News and World Report, 1/13/2012] The Citizens United decision specifically allows for donors to super PACs to remain anonymous, despite Smith’s claims to the contrary (see January 27-29, 2010, July 26, 2010, July 26-27, 2010, September 13-16, 2010, September 21 - November 1, 2010, Mid-October 2010, Around October 27, 2010, April 20, 2011, April 21, 2011 and After, July 12, 2011, and November 18, 2011). Republicans have fought to preserve that anonymity (see July 26-27, 2010, May 26, 2011, July 15, 2011, and July 20, 2011). Smith is correct in saying that traditional nonprofit groups must disclose their donors, though many are apparently failing to do so (see October 12, 2010).

Entity Tags: Rick Santorum, Center for Competitive Politics, Bradley A. (“Brad”) Smith, Newt Gingrich, Richard L. Hasen

Timeline Tags: Civil Liberties, 2012 Elections

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

Senator John McCain (R-AZ) and former Senator Russ Feingold (D-WI) issue a joint statement on the two-year anniversary of the Citizens United ruling (see January 21, 2010), condemning it. The ruling effectively gutted their signature campaign finance law (see March 27, 2002). The statement, issued through Feingold’s group Progressives United, reads: “Two years ago, the Supreme Court handed down one of the worst, and most radically activist decisions in the Court’s history, Citizens United. Overturning more than a century of settled law, and with an unprecedented naiveté of the political process, the Court charted a course for legalized bribery. Sadly, both Democrats and Republicans are now following the dangerous road of unlimited money in politics. There is no question whether scandal will arise from this decision; the only question is when (see October 30, 2011 and December 19, 2011). On this anniversary, we call on both parties to work together to remedy the obvious damage to our political system caused by the Citizens United decision.” [TPM LiveWire, 1/20/2012]

Entity Tags: Russell D. Feingold, John McCain, Progressives United

Timeline Tags: Civil Liberties

Former Republican presidential candidate Tim Pawlenty (R-MN), now a supporter of Republican frontrunner Mitt Romney (R-MA), tells a reporter from the liberal news Web site Think Progress that the 2010 Citizens United decision allowing donors to contribute unlimited amounts of money to independent groups supporting individual candidates (see January 21, 2010) is “leveling the playing field” in politics. Reporters Scott Keyes and Travis Waldron call Pawlenty’s comment “a turn of phrase that would give George Orwell satisfaction.” Since the decision, a relatively small number of wealthy corporations and individuals have transformed US politics with their multi-million dollar donations (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), May 5, 2011, July 12, 2011, August 4, 2011, October 27, 2011, October 30, 2011, December 1, 2011, December 19, 2011, January 3, 2012, and January 6, 2012). But Pawlenty seemingly believes that campaign finance laws are still too restrictive, and says he believes that donors should be able to make unlimited donations directly to candidates (see December 21, 2011 and January 10, 2012) instead of making those donations to third-party groups. Pawlenty refuses to say the Citizens United decision will help Romney defeat President Obama in the November general election, and instead says that the decision helps “free speech” (see January 21, 2010 and January 22, 2010). Pawlenty continues: “Every time they try to contain speech, it pops up somewhere else. This is just me talking personally, I’m not speaking for Mitt’s position on this. The better position is to allow full and free speech in whatever form, but have instant disclosure.” Keyes asks, “You’re talking completely unlimited donations?” and Pawlenty responds: “We have that now, it’s just a question of where the money gets pushed to the third party groups. This leveling the playing field to some extent because in the past, unions in particular (see June 25, 1943 and June 23, 1947) and other interest groups had an advantage in the old system. Now the playing field’s being leveled a little bit.” He clarifies: “Right now, with super PACs and third party groups, there’s essentially unlimited giving to various aligned super PACs and groups. The point is, the United States Supreme Court has spoken. They have said we’re going to have free speech as it relates to political contributions. The First Amendment should be respected and protected, but I think we should also have full disclosure.” Keyes and Waldron write that billionaire corporate owners such as the Koch brothers (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, October 4, 2011, and February 14, 2011) have pledged staggering amounts of money to defeat Obama in the November elections, and conclude, “This massive influx of unregulated campaign spending will almost certainly be the new normal as wealthy individuals and corporations find new ways to influence elections, helped in large part by the now-two year old Citizens United decision.” [Think Progress, 1/21/2012]

Entity Tags: Travis Waldron, Barack Obama, US Supreme Court, Scott Keyes, Willard Mitt Romney, Tim Pawlenty

Timeline Tags: Civil Liberties, 2012 Elections

Nevada casino owner and billionaire Sheldon Adelson, who has already given an unprecedented $5 million to a super PAC supporting Republican presidential candidate Newt Gingrich (R-GA—see January 6, 2012), has his wife Miriam donate another $5 million to Gingrich’s super PAC, Winning Our Future. That organization spent over $6 million on “independent expenditures” in the recent South Carolina primary, mostly on attack ads against primary opponent Mitt Romney (R-MA). Winning Our Future outspent all other Republican super PACs involved in that primary, whose expenditures totaled some $5.3 million. The new $5 million contribution will likely go to Gingrich’s campaign efforts in Florida, which is seen as a “must-win” state for Gingrich. Other groups have already spent some $6.4 million in Florida. Think Progress reporter Josh Israel writes: “[T]his contribution will allow the pro-Gingrich super PAC to instantly achieve almost immediate parity.… At this pace, the Adelson family could outspend Gingrich’s competition by themselves.” The Adelson funds come from a joint account; Sheldon Adelson signed the first check and Miriam Adelson signs the second. [Los Angeles Times, 1/23/2012; Think Progress, 1/23/2012]

Entity Tags: Newt Gingrich, Josh Israel, Sheldon Adelson, Miriam Adelson, Winning Our Future

Timeline Tags: Civil Liberties, 2012 Elections

The conservative news outlet Sunshine State News notes that the conservative lobbying organization Americans for Prosperity (AFP—see Late 2004, October 2008, January 2009 and After, February 16, 2009, February 16-17, 2009, February 17, 2009, February 19, 2009 and After, April 2009 and After, April 8, 2009, May 29, 2009, July 23, 2009, July 27, 2009, August 5, 2009, August 6, 2009, August 6, 2009, August 10, 2009, August 14, 2009, October 2, 2009, November 2009, February 15, 2010, April 15, 2010, July 3-4, 2010, August 24, 2010, August 30, 2010, September 20, 2010 and August 17, 2011) is paying tea party leaders to serve as “field coordinators” in Florida in preparation for the upcoming Republican presidential primary. Reportedly, AFP is paying the tea party leaders $30,000 each to help increase AFP’s membership, and $2 for every new AFP member the tea party volunteers sign up at Florida polling stations on Election Day. According to an email from the West Orlando Tea Party organizers: “Americans for Prosperity has offered many local tea party groups an opportunity to collect a few dollar$ for our cause and it revolves around the January 31st primary. Anyone who volunteers from our group will net our WOTP group $2 for every person they ‘sign up’ for AFP which involves getting the name, address, and email of local voters at local polling stations that day. They will provide us with T-shirts, coffee mugs, and other handouts to recruit like-minded conservatives.” AFP’s Florida director Slade O’Brien says, “It’s an opportunity for tea parties to raise dollars for their organizations by helping AFP with an awareness and membership drive on Tuesday.” But critics say AFP is using the same tactics conservatives have accused the now-defunct Association of Community Organizations for Reform Now (ACORN) of using—“buying foot soldiers for election work.” Former AFP state director Apryl Marie Fogel says: “It’s reprehensible. Slade is doing things we would never have considered doing.… Incentivizing people with money is no different than what ACORN or other groups are doing.… This is the opposite of what AFP stands for.” AFP has already hired 10 coordinators, with plans to hire 10 more in the coming days. One coordinator in the Tampa area, Karen Jaroch, is a founding member of the Tampa 9/12 Project chapter (see March 13, 2009 and After), and she says that AFP’s involvement “might open some doors” to building a stronger movement. O’Brien denies that AFP is working on behalf of any particular Republican candidate, and both O’Brien and Jaroch deny that AFP is working on behalf of the Newt Gingrich (R-GA) campaign. “I don’t know any field coordinators for Newt,” Jaroch says. “One favors Mitt Romney and one supports Rick Santorum. I’m undecided.” The liberal news outlet Mother Jones notes that O’Brien is a veteran political consultant whose former firm, Florida Strategies Group, “specialized in Astroturf campaigns and ‘grass-tops lobbying.’” O’Brien worked for AFP’s predecessor, Citizens for a Sound Economy, in the 1990s. Mother Jones also speculates that the AFP drive is part of a Koch Brothers effort to construct a huge, nationwide database of conservative voters called “Themis” (see April 2010 and After). [Sunshine State News, 1/30/2012; Mother Jones, 1/30/2012]

Entity Tags: Mother Jones, Association of Community Organizations for Reform Now, Apryl Marie Fogel, Americans for Prosperity, Karen Jaroch, Willard Mitt Romney, Sunshine State News, Themis, Newt Gingrich, Rick Santorum, West Orlando Tea Party, Slade O’Brien, Citizens for a Sound Economy

Timeline Tags: Domestic Propaganda, 2012 Elections

Republican candidates and campaign financiers are beginning to advocate for unlimited donations by wealthy contributors directly to presidential campaigns, using language that is remarkably similar to one another, says Think Progress reporter Scott Keyes. While most Americans disagree with letting so much unregulated and unaccountable money into politics (see January 23, 2012), advocates of direct donations apparently believe that current campaign finance laws, even after the Citizens United ruling (see January 21, 2010), are still too restrictive. Keyes writes, “The language used by different high-ranking Republicans is so similar that it suggests a certain level of message-coordination on the subject.” He notes a recent statement by Republican presidential frontrunner Mitt Romney (R-MA—see December 21, 2011), a similar statement by former Republican presidential candidate and current Romney supporter Tim Pawlenty (R-MN—see January 21, 2012), and a January 27 statement by Republican financier Fred Malek (see Mid-October 2010), who told him, “I would favor unlimited contributions to candidates with full disclosure.” Keyes writes that although Romney, Pawlenty, and Malek couple their calls for direct donations with calls for disclosure and transparency, Republicans have consistently voted against measures that would actually bring transparency to campaign finance (see July 26-27, 2010). [Think Progress, 1/31/2012] The Republican National Committee (RNC) has a lawsuit pending that would legalize unlimited donations directly to candidates (see January 10, 2012).

Entity Tags: Scott Keyes, Fred Malek, Tim Pawlenty, Republican National Committee, Willard Mitt Romney

Timeline Tags: Civil Liberties

Oxbow Carbon logo.Oxbow Carbon logo. [Source: Mississippi Valley Transit and Transport]The presidential campaign of Mitt Romney (R-MA) has benefited from at least $1.22 million in donations from coal, oil, and gas corporations, which have given their donations to Romney’s “independent” super PAC, Restore Our Future (ROF—see June 23, 2011). ROF has already raised $30 million for Romney’s presidential campaign. It has spent $800,000 on pro-Romney ads and $17 million in ads attacking Romney’s Republican primary challengers. The entirety of ROF’s funds comes from fewer than 800 donors, and 85 percent of those donors have already given the maximum allowed under law—$2,500—to Romney’s campaign itself. Romney’s campaign has raised $500,000 from legitimate, aboveboard donations from oil and gas companies. Those same corporations have given far more to ROF, and are poised to give more. Some of the ROF energy industry donors are:
bullet Coal mining corporations: Oxbow Carbon at $750,000, Oxbow president William Koch at $250,000, and Consol Energy at $150,000.
bullet Oil and gas corporations: Ballard Exploration at $25,000, Bassoe Offshore president Jonathan Fairbanks at $25,000, Murphy Wade of Murphy Oil Corporation at $15,000, and Joseph Grigg of American Energy Operations at $5,000.
Oxbow Carbon’s Bill Koch contributed $250,000 to the Romney campaign; he is the brother of oil billionaires Charles and David Koch of Koch Industries (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, October 4, 2011, and February 14, 2011). Romney has benefited from the departure of primary challenger Rick Perry (R-TX); with Perry out of the race, Romney has received more money from mining and oil than any other presidential candidate. Think Progress’s Rebecca Leber says that with Romney’s increase in energy industry donations, his positions on energy issues have moved closer to the positions of his corporate supporters. Romney once supported regulations on coal pollution, but now questions whether carbon emissions are even dangerous. He has abandoned his belief in man-made climate change, and has criticized government regulations designed to force industries to produce cleaner energy. [Think Progress, 2/6/2012; Forbes, 9/2012]

Entity Tags: Joseph Grigg, Consol Energy, Ballard Exploration, Jonathan Fairbanks, William I. (“Bill”) Koch, Restore Our Future, James Richard (“Rick”) Perry, Murphy Wade, Rebecca Leber, Mitt Romney presidential campaign (2012), Oxbow Carbon, Willard Mitt Romney

Timeline Tags: Civil Liberties, 2012 Elections

Saul Anuzis, the chair of Michigan’s Republican Party between 2005 and 2009, and a prime contender to chair the Republican National Committee in 2010 (see November 12, 2010), tells a reporter that he is confident the rise of super PACs and the Citizens United Supreme Court decision (see January 21, 2010) will help the Republicans defeat President Obama in November. “Absolutely, there’s no doubt about it,” he says. “Without those financial resources to compete against an incumbent president who has all the resources to raise money, you could never win.” Data shows that Republican super PAC spending has topped Democratic super PAC spending by a ratio of 7.5 to 1. Many of those Republican super PACs are bankrolled by a very small number of billionaires, such as casino magnate Sheldon Adelson (see December 1, 2011, December 19, 2011, January 3, 2012, January 6, 2012, and January 23, 2012), who contributed $11 million in January 2012 to the campaign of Republican presidential candidate Newt Gingrich (R-GA). A relatively small number of wealthy energy interests have also contributed heavily to Republican candidate Mitt Romney (R-MA—see February 6, 2012). [Think Progress, 2/10/2012]

Entity Tags: Saulius (“Saul”) Anuzis, Newt Gingrich, Republican Party, Willard Mitt Romney, Sheldon Adelson

Timeline Tags: Civil Liberties, 2012 Elections

The decision of the Montana Supreme Court to uphold Montana’s ban on corporate donations to political campaigns (see December 30, 2011 and After), which directly contradicts the US Supreme Court’s Citizens United decision (see January 21, 2010), is being appealed to the US Supreme Court. The plaintiffs, American Tradition Partnership (ATP) and the other two corporate entities that joined ATP in the original lawsuit, ask Justice Anthony Kennedy to issue a stay on the Montana high court verdict while the Supreme Court considers the appeal. In their application for a stay, the plaintiffs write: “The Montana Supreme Court held the ban constitutional despite the holding in [the Citizens United decision] that ‘[n]o sufficient governmental interest justifies limits on the political speech of nonprofit or for-profit corporations.’ Immediate relief is needed to prevent irreparable harm to the corporations’ First Amendment free-speech right. Montana’s primary elections are on June 5, making it vital that planning begin now for independent expenditures before the election.” The application also asks Kennedy to refer the matter to the Court, have it treated as a petition for review, and then summarily reverse the Montana Supreme Court. James Bopp, lead counsel for the plaintiffs, writes, “The lower court’s refusal to follow Citizens United is such an obvious, blatant disregard of its duty to follow this Court’s decisions that summary reversal is proper.” In a statement, Bopp adds: “Unequivocally, Citizens United means that corporate independent expenditure bans are invalid under the United States Constitution. The Montana Supreme Court has shirked its responsibility to follow that decisions and the United States Supreme Court should reverse their ruling.” The other two parties involved as plaintiffs are the Montana Shooting Sports Association and Champion Painting Inc. At least five justices vote to issue the stay, though an official decision to accept the case on appeal is still pending, and the Court has not spoken on the subject of summary reversal. Two justices who dissented from the Citizens United case, Ruth Bader Ginsberg and Stephen Breyer, agree that the Montana Supreme Court’s decision should be reviewed, but in a statement attached to the stay order, add: “Montana’s experience, and experience elsewhere since this Court’s decision in Citizens United v. Federal Election Comm’n, make it exceedingly difficult to maintain that independent expenditures by corporations ‘do not give rise to corruption or the appearance of corruption.’ A petition for certiorari will give the Court an opportunity to consider whether, in light of the huge sums currently deployed to buy candidates’ allegiance, Citizens United should continue to hold sway. Because lower courts are bound to follow this Court’s decisions until they are withdrawn or modified, however, I vote to grant the stay.” The stay allows Montana corporations to donate without restriction to super PACs operated on behalf of electoral candidates. [Legal Times, 2/10/2012; SCOTUSBlog, 2/17/2012; US Supreme Court, 2/17/2012 pdf file] The US Supreme Court will strike down the Montana ruling (see June 25, 2012).

Entity Tags: Montana Shooting Sports Association, American Tradition Partnership, Anthony Kennedy, James Bopp, Jr, Stephen Breyer, Champion Painting Inc., Montana Supreme Court, Ruth Bader Ginsberg, US Supreme Court

Timeline Tags: Civil Liberties

Billionaire oil magnate David Koch, who with his brother Charles Koch has become one of the driving financial forces behind the US conservative political movement (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, October 4, 2011, and February 14, 2011), gives an interview to the Palm Beach Post’s Stacey Singer. Koch, who rarely gives interviews, chose to meet with Singer because of her background as a health and science writer, according to Koch spokesperson Cristyne Nicholas. The interview focuses in part on the cancer research underway at the University of Texas’s MD Anderson Cancer Center, where Koch is being treated for prostate cancer. However, the interview also touches on the Koch brothers’ political participation. Singer begins her report of the interview by informing her readers of the media portrayal of the “secretive” brothers and their construction of what she calls “a clandestinely built political machine that disdains government regulation and taxes, obfuscates the science on global warming, and now pulls the strings of decision-makers at every level, from Florida Tea Party members to Wisconsin state senators—even US Supreme Court justices.” She writes that Koch seems “baffled” by that perception, saying: “They make me sound like a bully. Do I look like a bully?” According to Singer, Koch wants to improve his media image. The Koch brothers have given, Singer reports, “many millions to far-right organizations dedicated to spreading an Ayn Rand-infused ideology, one in which a benevolent business class flourishes, unfettered by taxes and regulations. Some have called it free-market fundamentalism.” Nicholas says Koch wants to be remembered more for his philanthropy than his political involvement. “That’s what his legacy will hopefully be: finding a cure for cancer,” she writes. “That is his goal in life right now and it far exceeds any political views he has. Which are strong.” Koch is proud of his political activism, admitting without restraint his organizations’ involvement in protecting Governor Scott Walker (R-WI) from being recalled. “We’re helping him, as we should. We’ve gotten pretty good at this over the years,” he says. “We’ve spent a lot of money in Wisconsin. We’re going to spend more.” The “we” in his statement is primarily Americans for Prosperity (AFP—see Late 2004), the “astroturf” lobbying and advocacy organization that is spending some $700,000 on a single advertisement buy in Wisconsin on Walker’s behalf, an ad that makes statements many union members and public workers say is filled with false and misleading praise for Walker’s policies. In a now-famous prank phone call, a blogger posing as Koch got Walker to say that his goal was to “crush” Wisconsin’s unions, a goal Koch may share, though he is more circumspect in his language. “What Scott Walker is doing with the public unions in Wisconsin is critically important,” Koch says after an expansive dinner featuring salmon and white wine. “He’s an impressive guy and he’s very courageous. If the unions win the recall, there will be no stopping union power.” Nicholas later “clarifies” Koch’s remarks, saying: “Koch companies support voluntary associations, and where they so choose, we recognize employees’ rights to be represented and bargain collectively. We think the best workplace relationships are fostered when the employer works directly with its employees. It is a mischaracterization of our principles to say this means we oppose unions or want to dismantle all unions.” Singer writes that Koch’s usage of the term “union power” seems as biting as one might have said “Bolshevik” in an earlier time—“a new red scare for a new century,” she writes. Besides funding such organizations as AFP, the Cato Institute, the Heritage Foundation, the Republican Governors Association, the American Legislative Exchange Council (where, Singer writes, “copycat conservative legislation is passed among conservative state politicos”), and others, the Koch brothers are one of the most powerful and influential financial forces behind the “tea party” movement, largely through AFP. Singer conducts the interview on February 11; the Palm Beach Post publishes the report based on the interview on February 20. [Palm Beach Post, 2/20/2012; Nation, 2/20/2012] Koch’s public admission of support for Walker could constitute a violation of the laws administering such “nonprofit” organizations as AFP, according to one journalist (see February 20, 2012).

Entity Tags: Cristyne Nicholas, Americans for Prosperity, American Legislative Exchange Council, Charles Koch, Stacey Singer, Palm Beach Post, Republican Governors Association, Heritage Foundation, David Koch, Cato Institute, Scott Kevin Walker, MD Anderson Cancer Center

Timeline Tags: Civil Liberties, 2012 Elections

Whitney Houston.Whitney Houston. [Source: Sandra Rose (.com)]Fox News posts a story about the sudden and as-yet-unexplained death of African-American singer Whitney Houston. Within minutes, the story receives numerous comments featuring a variety of racial slurs against Houston and African-Americans in general. Conservative blogger Charles Johnson lambasts the commenters and Fox News for the posts. Johnson writes: “I don’t even know what to say about this any more. There’s a real sickness running rampant in the right wing; the Fox News comment thread on Whitney Houston’s death is yet another disgusting deluge of outright racism.… There are almost 5,000 comments posted in the thread.” He quotes a number of the comments posted on the first few pages, noting that “the racist b_stards deliberately misspell their slurs or insert random spaces, so they aren’t caught by word filters. And many of the worst comments have numerous ‘likes’ from other commenters.” Calling Houston a “n_gger” is the most common slur used, with the first comment Johnson quotes calling her “just an inferior lo w life ni gg er that needed to go,no tragedy,no loss.” Many inaccurately call Houston a “thug” from the “ghetto” and speculate that she died from a drug overdose, with some labeling her a “crack ho.” Others insult African-Americans’ intelligence, physical type, and work ethic. Some call her a “monkey,” and many reference her “jungle” origins. Many insult her as a woman and make crude sexual references to her. Many celebrate her death as another African-American “off the public social rolls,” while others cheer the loss of another “Obama voter.” One poster writes, “To bad it wasnt the monkey in the White House.” Another poster writes: “I am now patiently waiting for the grand messiah Obama to have a blk fundraiser in honor of Whitley with Kevin Costner as guest of honor with all the Hollywood elites invited along with Alan Colmes, Al Sharpton, Jeremia Wright, Charles Rangel, etc. with a menu featuring blk eyed peas, grits, Imported Kobe steak, Dom Perignon, sweet potato pie and a mus lll im scarf as a momento of this great occasion. Of course the door prize will be an all expense paid trip to Kenya to visit the Obama tribe and birthplace of his ancestors while the American people still look for this imposter’s birth certificate in Hawaii !!!” The commenter deliberately misspells “Muslim,” presumably to avoid having his or her comment filtered. Another poster blames “the black gene pool” for being genetically inferior and thereby unable to “handle fame and fortune whether it’s derived from music, acting, sports or just plain entertainment.” Another poster says African-Americans are not “included in the human race.” Another accuses Houston of smoking crack with President Obama, and of having sexual relations with him, accusations echoed by subsequent posters. One asks why “Afro-Americans” are allowed to “use English names” when they should be named “Kunta Kinti or Moguba Magaba.” After quoting several pages of comments, Johnson writes: “There’s more. A lot more. But I have to stop now because it’s making me physically ill.” [Fox News, 2/12/2012; Charles Johnson, 2/12/2012] The day after, Fox News deletes the entire comments thread and purges all of the comments from public view. Johnson writes: “It was probably easier to just trash the whole thing than try to moderate 5,000 comments full of racial slurs. I’ll bet somebody at Fox News is pretty pissed off at me today.” [Charles Johnson, 2/13/2012] At the far-right blog Free Republic, a poster blames “liberals” for posting the comments as part of what he calls a “COINTELPRO” (or counterintelligence program) operation, and implies Johnson is behind the “scheme.” The Free Republic post features its own racist comments about Houston, with one commenter calling her a “schvatza,” a Yiddish racial slur. [Free Republic (.com), 2/13/2012]

Entity Tags: Charles Johnson, Fox News, Barack Obama, Free Republic, Whitney Houston

Timeline Tags: Domestic Propaganda

Foster Friess.Foster Friess. [Source: New York Magazine]Foster Friess, a multi-millionaire who is the chief supporter of a “super PAC” supporting the presidential candidacy of Rick Santorum (R-PA), weighs in on the controversy surrounding new federal mandates for providing birth control in employers’ health care coverage. Friess dismisses the controversy by suggesting that if women just kept their legs closed, they would not need contraception. In an interview with MSNBC’s Andrea Mitchell, Friess is asked if Santorum’s rigid views on sex and social issues (see April 7, 2003, April 23, 2003 and After, January 2011, January 7, 2011, October 18, 2011 and After, June 2011, September 22, 2011, January 1-3, 2012, January 2, 2012 and January 4, 2012) would hurt his chances in the general election. Friess responds by saying: “I get such a chuckle when these things come out. Here we have millions of our fellow Americans unemployed; we have jihadist camps being set up in Latin America, which Rick has been warning about; and people seem to be so preoccupied with sex. I think it says something about our culture. We maybe need a massive therapy session so we can concentrate on what the real issues are. And this contraceptive thing, my gosh, it’s [so] inexpensive. Back in my day, they used Bayer aspirin for contraceptives. The gals put it between their knees and it wasn’t that costly.” Mitchell says, “Excuse me, I’m just trying to catch my breath from that, Mr. Friess, frankly.” Think Progress’s Alex Seitz-Wald writes: “Given that [a]spirin is not a contraceptive, Friess seems to be suggesting that women keep the pill between their knees in order to ensure the[ir] legs stay closed to prevent having sex. Conspicuously, Friess doesn’t put the same burden on men.” [Think Progress, 2/16/2012; National Public Radio, 2/16/2012] Friess’s comment draws quick reaction from a number of sources, with many women’s groups expressing their outrage. Santorum quickly distances himself from the comment, calling it a “bad joke” and implying that the media is trying to smear him with it: “When you quote a supporter of mine who tells a bad off-color joke and somehow I am responsible for that, that is ‘gotcha,’” he tells a CBS News reporter. [Washington Post, 2/17/2012] Fox News’s late-night political humor show, Red Eye, features guest host Andy Levy sarcastically speculating that Friess’s joke is part of a “guerrilla marketing” scheme by the Bayer Corporation, which manufactures Bayer aspirin. Guest Anthony Cumia dismisses Friess’s comment by saying that Friess is “an old guy, he’s got old jokes.” [Mediaite, 2/17/2012] The next day, Friess issues an apology on his blog that reads: “To all those who took my joke as modern day approach I deeply apologize and seek your forgiveness. My wife constantly tells me I need new material—she understood the joke but didn’t like it anyway—so I will keep that old one in the past where it belongs.” New York Magazine’s Dan Amira writes, perhaps sarcastically, that he does not understand why either Santorum or Friess apologized, as he believes Friess stated Santorum’s position on sex and birth control rather clearly. “‘Hold an aspirin between your knees’ is just a more colorful way of saying, ‘just keep your legs closed,’ which is tantamount to ‘just don’t have sex,’” Amira writes. “It’s abstinence, pure and simple. Which is exactly what Santorum advocates. He’s said that unless you’re trying to procreate, you shouldn’t be having sex, and therefore, contraception is ‘not okay.’ He has promised to make this argument to the American people as president. As far we can tell, the only difference between Friess’s bad contraception joke and Santorum’s actual contraception beliefs is an aspirin.” [New York Magazine, 2/17/2012; Foster Friess, 2/17/2012] Friess is often described in the press as a “billionaire,” but both Friess and Forbes magazine say that appellation is inaccurate. [Forbes, 2/8/2012]

Entity Tags: Andrea Mitchell, Alex Seitz-Wald, Fox News, Rick Santorum, Dan Amira, Foster Friess, Andy Levy, Anthony Cumia

Timeline Tags: US Health Care, 2012 Elections

Bradley A. Smith, the chairman of the Center for Competitive Politics (CCP) and a former commissioner and chairman of the Federal Election Commission (FEC) during the George W. Bush administration, writes a second editorial for US News and World Report defending “super PACs,” the “independent” political entities responsible for infusing millions of dollars into the political campaign system. Smith wrote an editorial in January 2012 defending super PACs, claiming they are the direct outgrowth of First Amendment free-speech rights and are actually good for the campaign system (see January 13, 2012). However, as in his first editorial, Smith makes a number of false claims to bolster his arguments. Such organizations were created in the aftermath of the Supreme Court’s 2010 Citizens United decision (see January 21, 2010) and the following SpeechNow.org decision (see March 26, 2010). He notes, correctly, that until 1974 there were no federal restrictions on super PACs, apparently referring to that year’s amendments to the Federal Election Campaign Act (see 1974), though he fails to note that such organizations did not exist until after the SpeechNow decision. He claims that “[t]here is no evidence that super PACs have led to a greater percentage of negative ads” than in earlier presidential campaigns, though he cites no evidence to that effect. He also claims, as he did in the first editorial, that it is false to claim super PACs “spend ‘secret’ money. This is just not true. By law, super PACs are required to disclose their donors. There are groups that have never had to disclose their donors, non-profits such as the Sierra Club, Planned Parenthood, the NAACP, and the NRA. If you want more disclosure, super PACs are a step forward.” Unfortunately, the Citizens United decision specifically allows donors to super PACs to remain anonymous, despite Smith’s claims to the contrary (see January 27-29, 2010, July 26, 2010, July 26-27, 2010, September 13-16, 2010, September 21 - November 1, 2010, Mid-October 2010, Around October 27, 2010, April 20, 2011, April 21, 2011 and After, July 12, 2011, and November 18, 2011). Republicans have fought to preserve that anonymity (see July 26-27, 2010, May 26, 2011, July 15, 2011, and July 20, 2011). As in the first editorial, Smith is correct in saying that traditional nonprofit groups must disclose their donors, though many are apparently failing to do so (see October 12, 2010). He also claims that super PACs increase competition—“level the playing field,” as he wrote in the first editorial—by allowing Republican candidates to equal the spending of their Democratic opponents. In reality, Republicans have outstripped Democrats in outside, super PAC spending since the Citizens United decision (see Around October 27, 2010, November 1, 2010, and May 5, 2011). Smith bolsters his claim by citing direct campaign spending as offsetting “independent” super PAC spending, such as in the 2010 US House race involving incumbent Peter DeFazio (D-OR), who won re-election even after a $500,000 super PAC-driven effort on behalf of his challenger. DeFazio, Smith claims, “outspent his opponent by a sizable margin and won. Still, for the first time in years he had to campaign hard for his constituents’ support. That’s a good thing.” He cites the presidential campaigns of Republican contenders Newt Gingrich (R-GA—see December 19, 2011 and January 6, 2012) and Rick Santorum (R-PA—see February 16-17, 2012), which have relied on the contributions of a very few extraordinarily wealthy contributors to keep their candidacies alive against the frontrunner Mitt Romney (R-MA), whose own super PAC funding is extraordinary (see June 23, 2011). And, he writes, super PAC spending “improves voter knowledge of candidates and issues. Indeed, political ads are frequently a better source of information for voters than news coverage.” The most important benefit of the two Court decisions and the subsequent influx of corporate money into the US election continuum (see January 21, 2010, January 21, 2010, January 21-22, 2010, January 21, 2010, January 21, 2010, January 21, 2010, March 26, 2010, April 5, 2010, September 13-16, 2010, September 21 - November 1, 2010, October 2010, Mid-October 2010, October 18, 2010, Around October 27, 2010, June 23, 2011, July 12, 2011, August 4, 2011, October 27, 2011, November 23, 2011, December 1, 2011, January 3, 2012, January 6, 2012, January 10, 2012, and January 23, 2012), he writes, “is that they get government out of the business of regulating political speech. Who would say that you can’t spend your own time and money to state your own political beliefs? Vindicating that fundamental First Amendment right is good for democracy.” [US News and World Report, 2/17/2012]

Entity Tags: Newt Gingrich, Bradley A. (“Brad”) Smith, Center for Competitive Politics, Peter DeFazio, Federal Election Campaign Act of 1972, Willard Mitt Romney, Federal Election Commission, US Supreme Court

Timeline Tags: Civil Liberties

Senator John McCain (R-AZ), the co-author of the 2002 McCain-Feingold campaign finance law (see March 27, 2002) that was dramatically curtailed by the 2010 Citizens United decision (see January 21, 2010), criticizes the decision on the Sunday morning talk show This Week. Asked by ABC reporter Jake Tapper about the state of the presidential campaign, McCain lambasts the Supreme Court for handing down the decision, saying: “I’ve been in very tough campaigns. I don’t think I’ve seen one that was as personal and as characterized by so many attacks as these are. And, quite frankly, one of the reasons is the super PACs. And why do we have the super PACs? Because of the ignorance and naivete of the United States Supreme Court in the Citizens United campaign.” [Mediaite, 2/19/2012] McCain, along with former Senator Russ Feingold (D-WI), issued a formal statement on the two-year anniversary of the decision that was highly critical of it (see January 20, 2012).

Entity Tags: John McCain, Russell D. Feingold, US Supreme Court, Jake Tapper

Timeline Tags: Civil Liberties

In response to a lengthy interview of oil billionaire David Koch conducted by the Palm Beach Post, John Nichols of the liberal magazine The Nation writes that Koch’s “bragging” about spending hundreds of thousands of dollars on behalf of Wisconsin Governor Scott Walker could well be considered inappropriate and perhaps illegal coordination with a political candidate (see February 11-20, 2012). Nonprofit, tax-exempt 501(c)3 organizations such as Americans for Prosperity (AFP) are not allowed to coordinate their activities with candidates or campaigns, but are required by law to operate independently (see March 26, 2010). Nichols writes of AFP’s “Stand with Walker” campaign: “These ads are supposedly independent expenditures by a not-for-profit organization that operates under tax rules established to benefit the work of ‘Religious, Educational, Charitable, Scientific, Literary, Testing for Public Safety, to Foster National or International Amateur Sports Competition, or Prevention of Cruelty to Children or Animals Organizations.’” The law is quite clear. Nichols quotes IRS tax law, which states: “Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. Contributions to political campaign funds or public statements of position (verbal or written) made on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity. Violating this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes.” AFP’s ads seem to violate these rules, Nichols writes. “So, while David Koch’s stated enthusiasm for Scott Walker was not surprising, his explanation of how that enthusiasm is being expressed politically was.” [Nation, 2/20/2012]

Entity Tags: John Nichols, David Koch, The Nation, Palm Beach Post, Scott Kevin Walker

Timeline Tags: Civil Liberties, 2012 Elections

The Republican presidential primaries are being largely controlled, at least from a financial standpoint, by a very few extraordinarily wealthy individuals, according to research provided by former Treasury Secretary Robert Reich and the news organization ProPublica. In January 2012, the campaign of frontrunner Rick Santorum (R-PA) was almost entirely funded by billionaires William Dore and multi-millionaire Foster Friess (see February 16-17, 2012), who between them supplied over three-quarters of the $2.1 million donated to Santorum’s “super PAC” “Red White and Blue Fund.” Dore is the president of a Louisiana energy corporation and Friess is a fund manager in Wyoming. Of the $11 million raised by the super PAC supporting Newt Gingrich (R-GA), $10 million came from Sheldon Adelson and his wife, Miriam. Adelson runs a casino ownership group in Las Vegas. Most of the rest of Gingrich’s funding came from Texas billionaire Harold Simmons. PayPal co-founder Peter Thiel provided $1.7 million of the $2.4 million raised in January by the super PAC for Ron Paul (R-TX). As for Mitt Romney (R-MA), himself a multi-millionaire, his super PAC “Restore Our Future” raised $6.6 million in January. Almost all of it came from 40 donors, including hedge fund billionaires Bruce Kovner, Julian Robertson (the largest donor at $1.25 million), and David Tepper, hotel owners J.W. Marriott and Richard Marriott, and Hewlett-Packard CEO Meg Whitman. The lobbying firm FreedomWorks (see 1984 and After, May 16, 2008, February 16-17, 2009, February 19, 2009 and After, February 27, 2009, March 13, 2009 and After, April 2009 and After, April 14, 2009, April 15, 2009, June 26, 2009, Late July, 2009, August 5, 2009, August 6, 2009, August 6-7, 2009, August 10, 2009, August 14, 2009, August 19, 2009, August 24, 2010, September 2010, September 12, 2010 and August 17, 2011) has contributed over $1.4 million to various Republican candidates. Reich writes, “Whoever emerges as the GOP standard-bearer will be deeply indebted to a handful of people, each of whom will expect a good return on their investment.” Reich goes on to cite American Crossroads’s “super PAC” Crossroads GPS, founded by Republican political consultant Karl Rove, and its lineup of corporate moguls contributing hundreds of millions of dollars. The lineup of Crossroads supporters includes Charles and David Koch (see 1940 and After, 1977-Present, 1979-1980, 1981-2010, 1984 and After, 1997, Late 2004, Late 2004, October 2008, August 5, 2009, November 2009, July 3-4, 2010, August 30, 2010, September 2010, August 17, 2011, April 2010 and After and October 4, 2011), and Harold Simmons, owner of Contran Corporation, who has contributed $10 million to the organization. Reich says there is no legal way to know exactly how much the Kochs and their fellows have contributed: “The public will never know who or what corporation gave what because, under IRS regulations, such nonprofit ‘social welfare organizations’ aren’t required to disclose the names of those who contributed to them.” The previous limit of $5,000 per year per individual was erased by the 2010 Supreme Court Citizens United v. Federal Election Commission decision, a decision Reich calls “grotesque.” Reich writes: “In a sense, Santorum, Gingrich, Paul, and Romney are the fronts. Dore et al. are the real investors.… Now, the limits are gone. And this comes precisely at a time when an almost unprecedented share of the nation’s income and wealth is accumulating at the top. Never before in the history of our Republic have so few spent so much to influence the votes of so many.” [The Atlantic, 2/2/2012; Salon, 2/21/2012; ProPublica, 2/21/2012] President Obama’s super PAC, “Priorities USA Action,” has received $2 million from Hollywood mogul Jeffrey Katzenberg and another $1 million from the Service Employees International Union’s Committee on Political Education (SEIU COPE). However, Priorities USA has raised relatively paltry sums in comparison to the monies raised by the Republican super PACs, according to a Reuters report. Obama and his re-election campaign had originally distanced themselves from the super PAC operating in their name, in part because they disapprove of the Citizens United decision and the influence of super PACs in electoral politics. Since the Obama campaign officially endorsed the organization, donations have risen. Obama campaign advisor David Axelrod says that Obama “believes that this is an unhealthy development in our political process, but it is a reality of the rules as they stand. This was not a quick decision, but he also feels a responsibility to win this election. There’s a lot hanging on this beyond him.” By the end of January, Priorities USA had raised $4.2 million. In contrast, Romney’s “Restore Our Future” had raised $36.8 million by the end of last month. [Reuters, 2/2012; ProPublica, 2/21/2012] Partly in response to reports of billionaires’ influence on the 2012 elections, comedian Bill Maher will announce his donation of $1 million to the Obama super PAC. Maher will tell an audience that an Obama victory over any of the Republican contenders is “worth a million dollars” and will describe the donation as “the wisest investment I think I could make.” [Los Angeles Times, 2/24/2012] Friess is often described in the press as a “billionaire,” but both Friess and Forbes magazine say that appellation is inaccurate. [Forbes, 2/8/2012]

The billionaire oil magnates and conservative political financiers Charles and David Koch (see 1979-1980, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011) launch a court battle to take control of the libertarian Cato Institute, a Washington-based think tank. The Cato Institute began in 1974 as the Charles Koch foundation and changed its name to the Cato Institute in 1976, with the support and funding of the Koch brothers (see 1977-Present). Until last year, the institute had four primary shareholders with a controlling interest: the Koch brothers, Cato president Edward H. Crane III, and William A. Niskanen, a former Reagan administration economic advisor who died in 2011. The Kochs believe that there should be only three shareholders now, which would give them complete control of the organization, but Crane says Niskanen’s 25 percent share should go to Niskanen’s widow, Kathryn Washburn. Koch lawyer Wes Edward says the dispute is about nothing but shareholder rights. Cato has 120 full-time staffers and around 100 visiting or adjunct scholars. Its annual operating budget is $23 million. [Politico, 3/1/2012]

Entity Tags: David Koch, Charles Koch, William A. Niskanen, Kathryn Washburn, Cato Institute, Edward H. Crane III, Wes Edward

Timeline Tags: Domestic Propaganda

Conservative talk show host Rush Limbaugh spends much of his three-hour show lambasting Georgetown University law student Sandra Fluke, who testified in opposition to a House amendment that would have allowed health care providers to deny contraceptive coverage and other health care necessities if they had religious or moral objections (see March 1, 2012). The day before, Limbaugh called Fluke a “slut” and a “prostitute” who is having “so much sex she can’t afford the contraception” and wants the government to pay for it (see February 29, 2012). Limbaugh begins by saying that Fluke and others who criticized his comments (see February 29, 2012 and March 1, 2012) were having “a conniption fit” that he finds “hilarious.” He offers a compromise, offering to buy “all the women at Georgetown University as much aspirin to put between their knees as possible” (see February 16-17, 2012), and says he believes he is being “quite compassionate.” Limbaugh later returns to the topic, saying that having the government pay for contraception is “flat-out thievery” that would force taxpayers to pay to “satisfy the sexual habits of female law students at Georgetown.” He characterizes Fluke’s objections to the House amendment as her saying: “I’m going broke having sex. I need government to provide me condoms and contraception. It’s not fair.… Ms. Fluke, have you ever heard of not having sex? Have you ever heard of not having sex so often?… Who bought your condoms in junior high? Who bought your condoms in the sixth grade? Or your contraception. Who bought your contraceptive pills in high school?” He says Fluke is apparently “having so much sex, it’s amazing she can still walk.… She and her co-ed classmates are having sex nearly three times a day for three years straight, apparently these deadbeat boyfriends or random hookups that these babes are encountering here, having sex with nearly three times a day.” He advises Fluke that she can get “free condoms and lube” from the Washington, DC, Department of Health. He then says: “So, Ms. Fluke and the rest of you feminazis (see May 21, 2007 and July 2008), here’s the deal. If we are going to pay for your contraceptives, and thus pay for you to have sex, we want something for it, and I’ll tell you what it is. We want you to post the videos online so we can all watch.” He finishes his tirade by accusing Fluke of being “a plant… an anti-Catholic plant from the get-go” who is working behind the scenes as part of a “Democratic plot” to “create a new welfare program and, at the same time, try to cast Republicans in an election year as anti-female.” Fluke, he says, is “a woman who is happily presenting herself as an immoral, baseless, no-purpose-to-her life woman. She wants all the sex in the world whenever she wants it, all the time, no consequences. No responsibility for her behavior.” He concludes that he, not Fluke, is the victim, and says he is being persecuted by those who wish to see him removed from the airwaves. [Think Progress, 3/1/2012; Media Matters, 3/1/2012; MSNBC, 3/2/2012]

Entity Tags: Rush Limbaugh, Sandra Fluke, Georgetown University

Timeline Tags: Domestic Propaganda

For the third straight day, conservative talk show host Rush Limbaugh spends the majority of his show attacking Georgetown University law student Sandra Fluke, who testified in opposition to a House amendment that would have allowed health care providers to deny contraceptive coverage and other health care necessities if they had religious or moral objections (see March 1, 2012). On Wednesday, February 29, Limbaugh called Fluke a “slut” and a “prostitute” who is having “so much sex she can’t afford the contraception” and wants the government to pay for it (see February 29, 2012); on Thursday, Limbaugh continued to smear Fluke’s character and demanded that if she wanted the government to pay her to have sex, then he wanted her to post videos of her having sex online so the public could watch (see March 1, 2012). Today, Limbaugh defends his earlier comments, saying: “This woman comes forth with this frankly hilarious claim that she’s having so much sex, and her buddies with her, that she can’t afford it. And not one person says, ‘Did you ever think about maybe backing off the amount of sex that you have?’” He goes on to say that asking health insurers to cover contraception is “no different than if somebody knocked on my door that I don’t know and said: ‘You know what? I’m out of money. I can’t afford birth-control pills, and I’m supposed to have sex with three guys tonight.’” Limbaugh calls criticism of his call for Fluke to post sex videos online “absurd,” saying his critics should “realize that we’re illustrating absurdity here by being absurd” and that people should “lighten up.” Limbaugh initially refuses to comment on Fluke receiving a telephone call of support from President Obama (see March 2, 2012), saying, “I’m gonna button my lip on that one.” However, in response to Obama’s remark that Fluke’s parents should be proud of her, Limbaugh says that if his daughter had testified that “she’s having so much sex she can’t pay for it and wants a new welfare program to pay for it,” he’d be “embarrassed” and “disconnect the phone,” “go into hiding,” and “hope the media didn’t find me.” He also says, apparently sarcastically: “Oh that’s touching, Obama just called Sandra Fluke to make sure she’s all right. That is so compassionate, what a great guy.” Limbaugh denies he hates women, and defines “misogynist” as “a man who hates women almost as much as women hate women.” He observes that Fluke is having so much sex that her boyfriends are “lined up around the block. They would have been in my day.… [Fluke’s] sex life is active. She’s having sex so frequently that she can’t afford all the birth-control pills that she needs. That’s what she’s saying.” As with his remarks yesterday, he concludes that he, not Fluke, is the victim in this controversy, saying: “And amazingly, when there is the slightest bit of opposition to this new welfare entitlement to be created, that all of a sudden, we hate women, we want them barefoot and pregnant in the kitchen, all of these other things. And so, that’s where we are. And so, at the end of this week, I am this person that the women of America are to fear the most.” [Media Matters, 3/1/2012; CBS News, 3/2/2012; Think Progress, 3/2/2012] Liberal blogger David Atkins writes after Limbaugh’s broadcast that judging from his remarks, Limbaugh thinks female birth control pills work like Viagra—the more sex one wishes to have, the more pills one must take. “Anyone remotely familiar with oral contraceptives knows that to work properly, women have to take one pill a day over the course of their monthly cycle. It doesn’t matter if you have unprotected sex once a month or 300 times a month. It’s still the same number of pills, and therefore the same cost. How much sex someone has is utterly irrelevant to the cost of contraception unless they choose to abstain for the entire month.” Atkins writes that Limbaugh is combining ignorance and misogyny in his attacks on Fluke. If indeed Limbaugh does think that female birth control works like Viagra, Atkins writes, “Rush assumes that since it costs him money every time he has sex, it must cost a female college student money, too.” [David Atkins, 3/2/2012]

Entity Tags: Rush Limbaugh, Sandra Fluke, Barack Obama, David O. Atkins

Timeline Tags: Domestic Propaganda

Conservative radio show host Rush Limbaugh issues an apology for his three-day verbal assault on Georgetown University law student Sandra Fluke. Fluke testified in opposition to a House amendment that would have allowed health care providers to deny contraceptive coverage and other health care necessities if they had religious or moral objections (see March 1, 2012) and was vilified by Limbaugh (see February 29, 2012, March 1, 2012, and March 2, 2012). Limbaugh, echoing claims from his anti-Fluke broadcasts, claims he was merely joking in calling Fluke a “slut” and a “prostitute,” alleging that she wanted the government to pay for her having promiscuous sex, and demanding that she post online videos of the sex he claimed he would be paying for. On his blog, Limbaugh writes: “For over 20 years, I have illustrated the absurd with absurdity, three hours a day, five days a week. In this instance, I chose the wrong words in my analogy of the situation. I did not mean a personal attack on Ms. Fluke. I think it is absolutely absurd that during these very serious political times, we are discussing personal sexual recreational activities before members of Congress. I personally do not agree that American citizens should pay for these social activities. What happened to personal responsibility and accountability? Where do we draw the line? If this is accepted as the norm, what will follow? Will we be debating if taxpayers should pay for new sneakers for all students that are interested in running to keep fit? In my monologue, I posited that it is not our business whatsoever to know what is going on in anyone’s bedroom nor do I think it is a topic that should reach a presidential level (see March 2, 2012). My choice of words was not the best, and in the attempt to be humorous, I created a national stir. I sincerely apologize to Ms. Fluke for the insulting word choices.” [Rush Limbaugh, 3/3/2012] Premiere Radio Networks, the subsidiary of Clear Channel Entertainment that distributes Limbaugh’s show, quickly emails the apology to reporters, but initially declines to comment. Limbaugh’s chief of staff Kit Carson refuses to comment as well. On March 4, the network will email a statement by a spokesperson that reads: “The contraception debate is one that sparks strong emotion and opinions on both sides of the issue. We respect the right of Mr. Limbaugh, as well as the rights of those who disagree with him, to express those opinions.” The company refuses to divulge the names of the largest advertisers on Limbaugh’s show, nor how much revenue Premiere is losing by the advertiser defections. A Twitter account called “Stop Rush” posts: “I think this attempt at damage control labeled as an apology actually makes things worse. You know what Rush’s so-called apology means? Your efforts at delivering real accountability are working!” MSNBC talk show host Lawrence O’Donnell posts on Twitter, “Lawyers wrote that apology.” [New York Times, 3/3/2012; Associated Press, 3/4/2012] Think Progress reporter Alex Seitz-Wald notes that Limbaugh conflates contraception with governmental purchases of sneakers, and continues to imply that Fluke and other women advocate for contraception coverage solely for their own personal sexual activities. Seitz-Wald recalls that Fluke testified to Congress on behalf of a friend who needed birth control pills to manage polycystic ovarian syndrome. [Think Progress, 3/3/2012] Liberal blogger Kaili Jo Gray writes in response: “Shorter Rush: ‘I’m sorry if any sluts were offended by being called sluts, but if they’d stop being sluts, I wouldn’t have to call them sluts.’ Obviously, the campaign to demand that Rush’s sponsors pull their advertising from his show is working” (see March 2, 2012 and After). [Kaili Jo Gray, 3/3/2012] Others agree. Representative Debbie Wasserman Schultz (D-FL), the Democratic National Committee chair, says, “I know he apologized, but forgive me, I doubt his sincerity, given that he lost at least six advertisers.” And Eric Boehlert of the progressive media watchdog Web site Media Matters says he doubts the apology will “stop the pressure that’s being applied to his advertisers.” In an email, Boehlert says, “His comments were so egregious, naturally advertisers will have doubts about being associated with Limbaugh’s brand of hate.” [New York Times, 3/5/2012] It is possible that Limbaugh issues the apology in hopes of fending off a lawsuit by Fluke (see March 2, 2012) and/or to stop advertisers from removing themselves as sponsors of his show. Regardless, the exodus will intensify, and will spread to advertisers asking that their ads be removed from Limbaugh’s political talk-show colleagues as well as from his own show (see March 9, 2012).

Entity Tags: Clear Channel, Lawrence O’Donnell, Debbie Wasserman Schultz, Eric Boehlert, Kit Carson, Alex Seitz-Wald, Sandra Fluke, Kaili Jo Gray, Premiere Radio Networks, Rush Limbaugh

Timeline Tags: Domestic Propaganda

Republican presidential candidate Ron Paul (R-TX) addresses a recent apology by conservative talk show host Rush Limbaugh, who spent three days calling a female law student a “slut” and a “prostitute” for her position on insurer-provided birth control (see February 29, 2012, March 1, 2012, and March 2, 2012). Paul says Limbaugh’s apology (see March 3, 2012) was not sincere, but instead was merely self-serving. Apologizing, Paul tells a CBS host, “was in his best interest.… He’s doing it because some people were taking their advertisements off of his program. It was his bottom line he was concerned about.” Paul is referring to the increasing number of companies that are removing their advertisements from Limbaugh’s radio show in response to his attacks on Sandra Fluke (see March 2, 2012 and After). “I don’t think he’s very apologetic,” Paul says. However, Paul agrees with Limbaugh that the government should not mandate that insurance companies provide contraception coverage. Paul says: “This is philosophically and politically important because, does the government have a mandate to tell insurance [companies] what to give? So they’re saying that the insurance companies should give everybody free birth control pill, that strikes me as rather odd.” [CBS News, 3/4/2012; Raw Story, 3/4/2012]

Entity Tags: Sandra Fluke, Ron Paul, Rush Limbaugh

Timeline Tags: Domestic Propaganda, 2012 Elections

Conservative talk show host Rush Limbaugh attempts to explain his three-day tirade against Georgetown University law student Sandra Fluke (see February 29, 2012, March 1, 2012, and March 2, 2012) and expand on his apology for his comments (see March 3, 2012). In the process, he insults “liberals” and continues his attack on Fluke, though he now reframes his attacks on Fluke in political terms and avoids the personal defamation in which he had previously engaged. “I want to explain why I apologized to Sandra Fluke in the statement that was released on Saturday,” he says. “I’ve read all the theories from all sides and, frankly, they are all wrong. I don’t expect—and I know you don’t, either—morality or intellectual honesty from the left. They’ve demonstrated over and over a willingness to say or do anything to advance their agenda. It’s what they do. It’s what we fight against here every day. But this is the mistake I made. In fighting them on this issue last week, I became like them. Against my own instincts, against my own knowledge, against everything I know to be right and wrong I descended to their level when I used those two words [‘slut’ and ‘prostitute’] to describe Sandra Fluke. That was my error. I became like them, and I feel very badly about that. I’ve always tried to maintain a very high degree of integrity and independence on this program. Nevertheless, those two words were inappropriate. They were uncalled for. They distracted from the point that I was actually trying to make, and I again sincerely apologize to Ms. Fluke for using those two words to describe her. I do not think she is either of those two words. I did not think last week that she is either of those two words. The apology to her over the weekend was sincere. It was simply for using inappropriate words in a way I never do, and in so doing, I became like the people we oppose. I ended up descending to their level. It’s important not to be like them, ever, particularly in fighting them. The old saw, you never descend to the level of your opponent or they win. That was my error last week. But the apology was heartfelt. The apology was sincere. And, as you will hear as I go on here, it was not about anything else. No ulterior motive. No speaking in code. No double entendre or intention. Pure, simple, heartfelt. That’s why I apologized to Sandra Fluke on Saturday, ‘cause all the theories, all the experts are wrong.… Now, all of this is what I should have told you last week, ‘cause this is what happened. I use satire. I use absurdity to illustrate the absurd. The story at the Cybercast News Service characterized a portion of her testimony as sounding like (based on her own financial figures) she was engaging in sexual activity so often she couldn’t afford it. I focused on that because it was simple trying to persuade people, change people’s minds.” He continues attacking Fluke for her attempts to persuade Georgetown University to include contraception in its student health insurance coverage. He calls her a “longtime birth control activist” who went back to law school in order to engage in demagoguery at Georgetown over the contraception issue, and questions the testimony she was prepared to offer before a House committee in support of insurer-paid contraception coverage (see March 1, 2012). “In fact, she told stories less about birth control as a social tool (which was, of course, the left’s true agenda) and more about birth control as a medication for treating other conditions, such as pregnancy,” Limbaugh says. “To the left, pregnancy is a disease. If you’re listening to me for the first time, you may say, ‘Well, that’s crazy.’ It’s not. They treat pregnancy as a disease for political purposes. All of this, folks, is political. Sandra Fluke gave vague examples based on unnamed friends who she says couldn’t afford birth control to treat medical conditions they had, since Georgetown University wouldn’t pay for them. Georgetown paid for all of their other medical treatment, but it wouldn’t pay for the birth control pills that these doctors prescribed should they be necessary—or so she says. We still don’t know who any of these friends of hers are, these other women, and we don’t know what happened to them. Her testimony was hearsay, and it was unprovable.” He says to Fluke, “If birth control insurance is important to you as an enrolling student, and you find out that Georgetown doesn’t offer it, you might want to attend (or work at) a school that isn’t run by Catholics.” Fluke and others “intentionally target schools like Georgetown to advance an agenda of ultimately forcing them to abandon their religious beliefs,” Limbaugh says. “All of this is to serve Obama’s agenda (see March 2, 2012). The agenda he worked all summer on. He abandoned it only when America stood up, united, and this said they would not tolerate tearing down religion to increase government’s control over our lives.… They [Democrats] use Sandra Fluke to create a controversy. Sandra Fluke used them to advance her agenda, which is to force a religious institution to abandon their principles in order to meet hers.” [Reuters, 3/5/2012; Rush Limbaugh, 3/5/2012] Think Progress reporter Alex Seitz-Wald observes, “While this is perhaps some progress from Limbaugh’s overtly sexist slurs of last week, it’s hardly the words of a man genuinely sorry for his ad hominem attacks on a women’s health advocate.” [Think Progress, 3/5/2012]

Entity Tags: Georgetown University, Alex Seitz-Wald, Barack Obama, Cybercast News Service, Sandra Fluke, Rush Limbaugh

Timeline Tags: Domestic Propaganda

Presidential candidate Mitt Romney (R-MA), considered the leader in the primary race for the Republican presidential nomination, again refuses to comment on the controversy surrounding talk show host Rush Limbaugh’s three-day vilification of Georgetown University law student Sandra Fluke (see February 29, 2012, March 1, 2012, and March 2, 2012). Romney, like many Republicans, has refused to publicly criticize Limbaugh over his actions (see March 2, 2012 and March 2, 2012). Asked during a campaign stop about his position on Limbaugh, he says, “My campaign is about jobs and the economy and scaling back the size of government and I’m not going to weigh in on that particular controversy.” [Boston Globe, 3/6/2012] Some prominent Republicans, such as Romney’s fellow candidate Ron Paul (R-TX—see March 4, 2012), former Bush White House advisor Peggy Noonan (see March 4, 2012), Senators John McCain (R-AZ—see March 5, 2012) and Lisa Murkowski (R-AZ—see March 6, 2012), and former Bush speechwriter David Frum (see March 5, 2012), have condemned Limbaugh’s rhetoric. Two days ago, the former head of a conservative women’s organization predicted that few Republicans would step up to publicly criticize Limbaugh (see March 4, 2012).

Entity Tags: Willard Mitt Romney, David Frum, John McCain, Lisa Murkowski, Peggy Noonan, Ron Paul, Rush Limbaugh, Sandra Fluke

Timeline Tags: Domestic Propaganda, 2012 Elections

A 2012 Vermont town meeting comes to order.A 2012 Vermont town meeting comes to order. [Source: Vermont Public Radio]Fifty-three Vermont towns and communities pass resolutions today urging Congress to amend the US Constitution to keep wealthy special interests from having an undue influence in politics. Today is Town Meeting Day across Vermont. Supporters want an amendment to invalidate the 2010 Citizens United decision that allows corporations and labor unions to spend unlimited amounts of money in political campaigns (see January 21, 2010). State Senator Virginia Lyons says while the process of amending the Constitution “is a long one… if we don’t do this we stand to lose a great deal more.” New York City (see January 4, 2012), Los Angeles (see December 6, 2011), Portland, Maine (see January 18, 2012), Boulder, Colorado, Madison, Wisconsin, Corvallis, Oregon, and other towns and cities have adopted similar resolutions. [NECN News, 3/7/2012; Think Progress, 3/7/2012] Several efforts have been made to introduce such an amendment (see September 20, 2011, November 23, 2010, November 1, 2011, November 18, 2011, and December 20, 2011).

Entity Tags: Virginia Lyons

Timeline Tags: Civil Liberties

Author and investigative reporter Cara Hoffman writes an op-ed for the liberal news and opinion Web site TruthOut and her blog concerning the controversy surrounding talk show host Rush Limbaugh’s recent invective-laden tirades against Georgetown University law student Sandra Fluke (see February 29, 2012, March 1, 2012, March 2, 2012, and March 5, 2012). Fluke drew Limbaugh’s ire by advocating for insurer-paid contraception as part of broader health care coverage (see March 1, 2012). Hoffman writes that Limbaugh is correct in stating that “single, educated women” like Fluke and author Tracie McMillan, whom he excoriated after his attacks on Fluke (see March 6-7, 2012), “are trying to take away his freedom.… Limbaugh’s freedom has gone unchecked for a long time; his freedom to deliver a constant stream of invective and hate speech, the foundation of which is misogyny. So his anxiety is well justified. People once had the freedom to lynch, terrorize, and sexually assault African Americans until that freedom was taken away. They had the freedom to deny them an education, a vote, the right to marry whom they chose, until that freedom was taken away. They had the freedom to mock and use racial epithets and hate speech in all forms of media until that freedom was taken away.” Hoffman writes that Limbaugh’s listeners are in a similar predicament, facing the loss of their “freedom” to exercise what she calls their hatred for women: “[f]reedoms they had before women were allowed to go to school, or to vote, before rape shield laws existed, before domestic violence laws changed. They know as long as there is no level playing field, as long as women are kept second class citizens, the freedom to discriminate, exploit, intimidate, and reap the benefits of the economic and social freedoms that come from creating an underclass remain.” Hoffman concludes: “Young single educated women and men, working class women and men, married women and men are at the forefront of dismantling your freedoms, Mr. Limbaugh. Rest assured we will be taking them. You won’t have to wait much longer.” [TruthOut (.org), 3/8/2012]

Entity Tags: Cara Hoffman, Rush Limbaugh, Sandra Fluke

Timeline Tags: Domestic Propaganda

Premiere Radio Networks logo.Premiere Radio Networks logo. [Source: Premiere Radio Networks]Premiere Radio Networks, the company that distributes radio shows by an array of right-wing hosts, including Rush Limbaugh, announces that 98 out of 350 advertisers, including a number of major corporations, have requested that their ads only appear on “programs free of content that you know are deemed to be offensive or controversial (for example, Mark Levin, Rush Limbaugh, Tom Leykis, Michael Savage, Glenn Beck, Sean Hannity).” The Premiere email says, “Those are defined as environments likely to stir negative sentiment from a very small percentage of the listening public.” Limbaugh vilified law student Sandra Fluke for three days on his radio show (see February 29, 2012, March 1, 2012, and March 2, 2012), and though he issued an apology on his Web site (see March 3, 2012), advertisers have dropped their sponsorship of his show in increasingly large numbers (see March 2, 2012 and After) following a widespread outcry of anger against Limbaugh’s rhetoric. Now, large advertisers such as Ford, General Motors, Toyota, Allstate, Geico, Prudential, State Farm, McDonald’s, and Subway Restaurants have asked that their advertising be removed from Premiere’s right-wing talk shows. Industry insider Valerie Geller tells a reporter: “I have talked with several reps who report that they’re having conversations with their clients, who are asking not to be associated with specifically polarizing controversial hosts, particularly if those hosts are ‘mean-spirited.’ While most products and services offered on these shows have strong competitors, and enjoy purchasing the exposure that many of these shows and hosts can offer, they do not wish to be ‘tarred’ with the brush of anger, or endure customer anger, or, worse, product boycotts.” For nearly two decades, Limbaugh has been at the forefront of the movement that insisted conservative talk shows on radio and television must counterbalance what he and others have termed the “liberal bias” of the mainstream media (see Summer 1970, October 7, 1996, October 9, 2002, October 8, 2003, December 2004, December 14, 2005, December 19-20, 2005, December 21, 2005, May 2008, October 23-24, 2008, February 24, 2009, and August 11, 2009). After cable television and Internet access fragmented the market, “niche” audiences such as Limbaugh’s have provided the most reliable listenership and viewers, and the highest comparative ratings. However, the demographics are changing for right-wing talk. Limbaugh, Levin, Savage, Hannity, and others generally rate best among aging white males, a demographic that is less profitable than it used to be. Now, the prize advertising demographic is women aged 24 to 55, a demographic that has been leaving the right-wing talkers in steadily increasing numbers, and now makes up the forefront of the angry pushback against Limbaugh over his public savaging of a young female law student over a political disagreement. Some, including Limbaugh’s brother, right-wing talk show host David Limbaugh, have complained of a “left-wing jihad” against conservative radio hosts. However, as reporter John Avlon writes: “[T]he irony is that the same market forces that right-wing talk-radio hosts champion are helping to seal their fate. Advertisers are abandoning the shows because they no longer want to be associated with the hyperpartisan—and occasionally hateful—rhetoric. They are finally drawing a line because consumers are starting to take a stand.” Moreover, the advent of social media has made the response time for protesters and angry consumers almost immediate. Geller says: “In the past, a letter, petition, or phone campaign took a few days to put together and longer to execute. But now customers [listeners] can instantly rally using Facebook, Twitter, and instant messaging to make their displeasure with a client, product, or service known immediately. These movements can happen fast.” Avlon concludes: “When big money starts shifting, it is a sign of a deeper tide that is difficult to undo, even if you are an industry icon like Rush Limbaugh. It is a sign that the times are changing. Let’s hope that what emerges is an evolution of the industry, away from stupid, predictable, and sometimes hateful hyperpartisanship and toward something a little smarter and more civil.” [Radio-Info.com, 3/9/2012; Daily Beast, 3/10/2012]

Entity Tags: Mark Levin, Valerie Geller, General Motors, Geico, Ford Motor Company, Allstate, John Avlon, Tom Leykis, Toyota Motor Corporation, State Farm, Premiere Radio Networks, Michael Savage, McDonald’s, Prudential, Subway Restaurants, Glenn Beck, Sandra Fluke, Sean Hannity, Rush Limbaugh

Timeline Tags: Domestic Propaganda

Kenneth Griffin.Kenneth Griffin. [Source: Start a Hedge Fund (.com)]Billionaire hedge fund investor Kenneth Griffin tells a Chicago reporter that he does not believe the extraordinarily wealthy wield enough political influence in America, and says that they must step up to stop America’s “drift” towards Soviet-style “socialism.” Griffin, alone and in conjunction with his wife Anne, has given $150,000 to Restore Our Future, the super PAC that supports Mitt Romney (see June 23, 2011). He has also given over $560,000 to the Republican Governors Association and $300,000 to American Crossroads, the advocacy organization founded by Republican strategists Ed Gillespie and Karl Rove. The Griffins have been heavy Republican donors in previous election cycles, and have given around $1.5 million to Americans for Prosperity (AFP—see Late 2004), the “astroturf” lobbying and advocacy organization founded and sponsored by the billionaire oil magnates Charles and David Koch. Of his contributions to AFP, he explains: “Charles and David Koch are huge advocates for free markets (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, October 4, 2011, and February 14, 2011). I have a tremendous respect for their intellectual and financial commitment to embracing a set of economic policies that will give us global competitiveness.… I share their fundamental belief that economic freedom is core to the ethos of our country. It’s the idea that any person can pursue their dreams, whether it’s starting a business or who they choose to work for.” Asked, “Do you think the ultrawealthy have an inordinate or inappropriate amount of influence on the political process?” Griffith replies: “I think they actually have an insufficient influence. Those who have enjoyed the benefits of our system more than ever now owe a duty to protect the system that has created the greatest nation on this planet. And so I hope that other individuals who have really enjoyed growing up in a country that believes in life, liberty, and the pursuit of happiness—and economic freedom is part of the pursuit of happiness—[I hope they realize] they have a duty now to step up and protect that.… At this moment in time, these values are under attack. This belief that a larger government is what creates prosperity, that a larger government is what creates good [is wrong]. We’ve seen that experiment. The Soviet Union collapsed. China has run away from its state-controlled system over the last 20 years and has pulled more people up from poverty by doing so than we’ve ever seen in the history of humanity. Why the US is drifting toward a direction that has been the failed of experiment of the last century, I don’t understand. I don’t understand.” Asked if he believes he should continue to be allowed to make unlimited donations on behalf of candidates (see January 21, 2010), he answers: “In my opinion, absolutely. Absolutely. The rules that encourage transparency around that are really important.… My public policy hat says transparency is valuable. On the flip side, this is a very sad moment in my lifetime. This is the first time class warfare has really been embraced as a political tool. Because we are looking at an administration that has embraced class warfare as being politically expedient, I do worry about the publicity that comes with being willing to both with my dollars and, more importantly, with my voice to stand for what I believe in (see July 20, 2011).… I live in financial services, and every bank in the United States is really under the thumb of the government in a way it’s never been before. And that’s really worrisome to me, as someone who’s willing to say, ‘Wait, we need to step back and try to push government outside the realm of every dimension of our lives.’” [Think Progress, 3/10/2012; Chicago Tribune, 3/11/2012]

Entity Tags: David Koch, American Crossroads, Americans for Prosperity, Charles Koch, Republican Governors Association, Willard Mitt Romney, Kenneth Griffin, Anne Griffin, Restore Our Future

Timeline Tags: Civil Liberties, 2012 Elections

The liberal news Web site Think Progress cites the two-year anniversary of the SpeechNow.org v. Federal Elections Commission ruling (see March 26, 2010), which allowed the creation of “super PACs,” or “independent expenditure” organizations. Think Progress writes, “Combined with the unlimited corporate expenditures enabled by the Supreme Court’s earlier Citizens United decision (see January 21, 2010), this case brought the campaign finance system to where it is now: more than $80 million spent already this cycle by super PACs and more than two-thirds of their funding coming from just 46 rich donors.” $67 million of the $80 million spent so far comes from 46 extraordinarily wealthy citizens. Almost all of them are owners and/or senior executives of oil and energy companies, hoteliers, and financial executives. Almost all are white and male. And almost all of them contribute to conservative and Republican-supporting groups (see February 21, 2012). John Dunbar of the Center for Public Integrity says, “We’re looking at a singularly weird phenomenon.” The super PAC supporting Republican presidential candidate Mitt Romney (R-MA), himself a former financial services CEO, is primarily funded by Wall Street executives, mostly private equity and hedge fund executives. One major Romney contributor, hedge fund manager John Paulson, has contributed $1 million. Paulson made enormous profits in 2008 by investing funds in ventures based on the mortgage industry collapse. Viveca Novak of the Center for Responsive Politics says, “The financial sector is one where there’s a lot of money, and it’s a sector with which Romney is very familiar, so it’s not surprising that it would be a big source of contributions.” Other Republican candidates such as Newt Gingrich (R-GA), Rick Santorum (R-PA), and Ron Paul (R-TX) also garner big contributions from billionaires. Gingrich is primarily funded by casino owner Sheldon Adelson, who makes much of his money in Las Vegas and China’s Macau. Paul has the backing of billionaire Peter Thiel, a Silicon Valley venture capitalist, and Santorum is primarily supported by billionaire Foster Friess (see February 16-17, 2012)—arguably all three candidates’ campaigns are being supported by single donors who decide whether their campaigns will continue by virtue of granting or withholding donations. Attorney Paul S. Ryan of Campaign Legal Center says: “We’ve had a small group of donors maintain the viability of certain candidates. It’s an Alice in Wonderland situation. It defies logic.… American elections are funded by a very narrow range of special interests, and that has the effect of making our democracy look a lot more like a plutocracy.” Thomas Mann of the Brookings Institution says it is sometimes difficult to discern the motivations behind billionaires’ funding of certain candidates, but billionaire Harold Simmons, who made his fortune in leveraged buyouts and corporate takeovers, says he is funding conservative super PACs because President Obama is a “socialist.” The Wall Street Journal has noted that Simmons and others like him would profit greatly if their industries were less regulated by government agencies. If Republicans do well in the November elections, Simmons told the Journal that “we can block that crap [regulations].” Conservative super PACs are far outstripping the super PAC backing the Obama re-election campaign as well as other Democrats running for office. Mann says, “The pool of billionaires who can throw tens of millions into the game—and are inclined to do so—is concentrated on the right.” Obama has so far been reluctant to get involved in his super PAC’s fundraising activities, but recent statements by his campaign indicate that White House aides will try to help Priorities USA Action, the Obama super PAC, raise more money in the near future. Obama campaign manager Jim Messina says the Obama campaign is in danger of being overwhelmed by the fundraising from conservative billionaires. CNN states that the most notable effect of super PAC funding might not be on the presidential race, but on “downticket” races for Congress. Much smaller outlays of super PAC money can have extraordinary impacts on such races. Dunbar says, “An individual donor and a super PAC could go off to some district in Kentucky and just completely destroy some candidate because he doesn’t favor what’s good for your business.” [Think Progress, 3/26/2012; CNN, 3/26/2012; Huffington Post, 6/16/2012]

Entity Tags: Jim Messina, Harold Simmons, Viveca Novak, Wall Street Journal, Willard Mitt Romney, CNN, Barack Obama, Thomas Mann, Think Progress (.org), US Supreme Court, Foster Friess, Newt Gingrich, John Paulson, John Dunbar, Sheldon Adelson, Ron Paul, Paul S. Ryan, Rick Santorum, Priorities USA Action, Peter Thiel

Timeline Tags: Civil Liberties, 2012 Elections

Senator John McCain (R-AZ), the co-author of the 2002 Bipartisan Campaign Reform Act (BCRA—see March 27, 2002), criticizes the Supreme Court’s 2010 Citizens United ruling that gutted the BCRA and allows corporations and labor unions to make unlimited contributions to election and campaign activities (see January 21, 2010). In a panel discussion, McCain calls the ruling “a combination of arrogance, naivete, and stupidity, the likes of which I have never seen.” He goes on to predict scandals as a result of the ruling enabling unlimited corporate contributions and a lack of disclosure surrounding those contributions (see October 2010, June 23, 2011, October 30, 2011, and December 19, 2011), saying: “I promise you this. I promise you there will be huge scandals… because there’s too much money washing around, too much of it… we don’t know who, who contributed it, and there is too much corruption associated with that kind of money. There will be major scandals.” Asked if he intends to give up on passing campaign reform legislation, he answers: “No. But I’ve got to wait until we think that can pass legislation. And I’m not sure right now, frankly, that we could get it passed.” The next day, Josh Israel of the liberal news Web site Think Progress notes that McCain is somewhat responsible for the inability of Congress to pass meaningful campaign finance legislation. He refused to vote for the Democratically-sponsored DISCLOSE Act (see July 26-27, 2010), decrying it as “a bailout for the unions.” Had McCain voted with Senate Democrats to end the Senate Republican filibuster against the DISCLOSE Act, the bill could have been brought to the floor for an up or down vote. Israel calls McCain’s “grumbling” about campaign finance regulation “little more than grandstanding.” [Think Progress, 3/28/2012]

Entity Tags: DISCLOSE Act of 2010, Bipartisan Campaign Reform Act of 2002, US Supreme Court, John McCain, Josh Israel

Timeline Tags: Civil Liberties

A federal court rules that the Federal Election Commission (FEC) has exceeded its authority by requiring only corporations and labor unions, and not all contributors, to report contributions made for the purpose of furthering electioneering communications as defined in the 2002 Bipartisan Campaign Reform Act (BCRA—see March 27, 2002). Judge Amy Berman Jackson of the US District Court in Washington, DC, issues the ruling in the case of Van Hollen v. Federal Election Commission, filed by US Representative Chris Van Hollen (D-MD—see April 21, 2011 and After). Under the BCRA, corporations or labor unions who do not segregate their funds for campaign purposes as opposed to more general purposes must report all contributions of $1,000 or more. (The Citizens United decision of 2010 rendered such segregation of funds optional—see January 21, 2010.) Those contributions include money donated by anyone who gives to a corporation or labor union. In December 2007, the FEC revamped its disclosure regulation in the wake of the Right to Life v. Federal Election Commission ruling (the so-called “WRTL ruling”—see June 25, 2007) to create a loophole allowing corporations to evade disclosure requirements. 501(c)4 groups such as Crossroads GPS have avoided disclosure of their donors by using this loophole. Jackson agrees with Van Hollen, ruling that the FEC’s revision violates the plain language and legislative purpose of the BCRA. Jackson writes: “Congress spoke plainly, that Congress did not delegate authority to the FEC to narrow the disclosure requirement through agency rulemaking, and that a change in the reach of the statute brought about by a Supreme Court ruling did not render plain language, which is broad enough to cover the new circumstances, to be ambiguous. The agency cannot unilaterally decide to take on a quintessentially legislative function; if sound policy suggests that the statute needs tailoring in the wake of WRTL or Citizens United, it is up to Congress to do it.” She rejected arguments that broader reporting requirements would place an undue burden on corporations and unions, and thusly would violate their First Amendment freedoms, ruling that the Citizens United decision already invalidated those arguments by upholding BCRA reporting requirements. If Jackson’s ruling survives an appeal, the FEC will have to go back and revamp its regulatory language to require disclosure of all contributors, no matter what the purpose, for any corporation or labor union that uses general, unsegregated funds for campaign purposes. Or, corporations and unions may choose to create segregated funds for campaign purposes in order to avoid reporting their contributors. Josh Israel of the liberal news Web site Think Progress writes that even if the FEC chooses to rewrite its rules to comply with Jackson’s ruling, “countless loopholes remain” to allow corporations and unions to shield the identities of their donors. For instance, donors and companies could more-or-less launder donations through middle-man groups, shielding their own identities. “Even if we somehow achieved full disclosure… for all political spending,” Israel writes, “any meaningful reforms to the campaign finance system will require the high court to reverse the 5-4 Citizens United ruling.” [Law Librarians' Society of Washington, D.C., 9/2002; National Archives and Records Administration, 2012; Van Hollen v. Federal Election Commission: Memorandum Opinion, 3/30/2012; Constitutional Law Prof Blog, 4/3/2012; Think Progress, 4/9/2012] On May 14, an appeals court will refuse a stay of the decision, filed by an organization identified in the court order as the Center for Individual Freedom. [US Court of Appeals for the District of Columbia Court, 5/14/2012 pdf file]

Entity Tags: Bipartisan Campaign Reform Act of 2002, Amy Berman Jackson, American Crossroads GPS, Federal Election Commission, Center for Individual Freedom, Chris Van Hollen, Josh Israel, US Supreme Court

Timeline Tags: Civil Liberties

American Energy Alliance logo.American Energy Alliance logo. [Source: NJI Media]The press learns that a recent $3.6 million television ad campaign attacking President Obama on gasoline prices was funded by the oil billionaires Charles and David Koch (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011 and February 14, 2011). The ad campaign was launched by the American Energy Alliance (AEA), the political arm of the Institute for Energy Research. Both organizations are heavily funded by the Koch brothers and their donor network, though information about their finances is sketchy, as the groups do not have to disclose their donor rolls to the public. The two groups are run by Tom Pyle, a former lobbyist for Koch Industries. Pyle regularly attends what news Web site Politico calls “the mega-donor summits organized by the Koch brothers.” Koch-funded organizations intend to spend well over $200 million on behalf of conservative groups before the November elections. The AEA ad claims that the Obama administration is responsible for the recent surge in gasoline prices. Democratic National Committee (DNC) spokesman Brad Woodhouse says that the Koch brothers are “funding yet another shadowy outside group to defend the interests of Big Oil and protect their own tax breaks and profits with [Republican presumptive presidential nominee] Mitt Romney being the ultimate beneficiary.” The DNC and the Obama campaign have targeted the Koch brothers in previous statements, calling them some of the “secretive oil billionaires” funding the Romney campaign. AEA spokesman Benjamin Cole accuses the DNC and the Obama campaign of playing “shadowy” politics intended “to delay, deny, and deceive the American public about the president’s record on energy prices.” The AEA ad is not connected to the Romney campaign, Cole says, and adds that the ad campaign is not intended to benefit Romney, stating, “[W]e have been public and unashamed of criticizing Mitt Romney or any candidate for office, Republican or Democrat, that doesn’t support free market energy solutions.” Cole refuses to confirm that the Koch brothers are financing the ad campaign, instead saying: “People ask if Koch is behind this ad. There is only one person behind this ad and it is President Barack Obama.” The Koch brothers are becoming increasingly involved in the 2012 presidential campaign, sending representatives like Marc Short to network with former Bush advisor Karl Rove, who runs the super PAC American Crossroads and its sibling Crossroads GPS. [Politico, 3/29/2012]

Entity Tags: Karl C. Rove, Barack Obama, American Energy Alliance, Benjamin Cole, Brad Woodhouse, Obama administration, Charles Koch, David Koch, Thomas Pyle, Willard Mitt Romney, Marc Short

Timeline Tags: Civil Liberties, 2012 Elections

Logo of American Crystal Sugar, one of the corporate donors making contributions to Steve King’s re-election campaign.Logo of American Crystal Sugar, one of the corporate donors making contributions to Steve King’s re-election campaign. [Source: ACSC]US Representative Steve King (R-IA) tells an audience at a town hall meeting in Jefferson, Iowa, that he has accepted no corporate contributions for his campaign. Yet King has indeed accepted over $100,000 in corporate contributions. The denial comes after a constituent asks him about the impact of the 2010 Citizens United decision, which allows unlimited contributions by corporations and labor unions (see January 21, 2010). The constituent says: “The whole question of what’s wrong with our country here is corruption. Money buying elections. Money buying corporate messages.” King replies: “That’s another thing. I will listen to him. I just want to tell you. I don’t have any corporate contributions into my campaign.” King’s campaign has accepted contributions from the PACs of Koch Industries, American Crystal Sugar, AT&T, Berkshire Hathaway, Exxon, First American Bank, Kirke Financial Services, Mail Services LLC, Mobren Biological, Silverstone Group, Sukup Manufacturing, and a large number of corporate trade associations. Scott Keyes of the liberal news Web site Think Progress writes: “King is technically correct that corporations haven’t contributed directly to his campaign. Federal election law (see March 27, 2002) prohibits corporations from making such contributions to any candidate. However, corporations establish their own PACs precisely so that their leadership and investors can donate to candidates. King’s campaign has benefited immensely from these corporate PACs, receiving more than $100,000 for his reelection bid.” [Think Progress, 4/25/2012; Center for Responsive Politics, 7/9/2012]

Entity Tags: Kirke Financial Services, Berkshire Hathaway, American Crystal Sugar, AT&T, First American Bank, Sukup Manufacturing, Scott Keyes, Silverstone Group, Koch Industries, Mail Services LLC, Steve King, Mobren Biological, ExxonMobil

Timeline Tags: Civil Liberties, 2012 Elections

The Washington Post reports that an anonymous donor gave the political advocacy organization Crossroads GPS $10 million to run television ads attacking President Obama and Democratic policies, part of the almost $77 million in secret donations the group has received. It also received another $10 million from an anonymous donor to use during the 2010 midterm elections. The Post says the donations are emblematic of “the money race that is defining the 2012 presidential campaign.” According to data provided by the Center for Public Integrity, $76.8 million of the money raised in 2010 and 2011—62 percent—was secretly contributed to Crossroads GPS. The money came from fewer than 100 individual donors, which works out as an average donation of over $750,000; 90 percent of its donors gave over $1 million in individual donations. Crossroads GPS is a conservative nonprofit 501(c)(4) group co-founded by former Bush administration political advisor Karl Rove. The information about the donations comes from draft tax returns that provide a limited insight into the donations received by the group. Under the law (see January 21, 2010 and March 26, 2010), Crossroads GPS is not required to identify its donors. The Post says it is possible both donations came from the same source, but it has no way to confirm that supposition.
Explanations and Criticisms - Crossroads GPS is the sister organization of American Crossroads, the super PAC also co-founded by Rove. The two groups share the same president (Steven Law), the same spokesperson, the same staffers, and the same mailing address. Together, they have raised $100 million for the 2012 election cycle and have already run millions of dollars of television ads. Crossroads GPS spokesperson Jonathan Collegio says that the organization “advocates for free markets, free trade, limited government, and personal responsibility.” The group’s donors are “individuals and businesses that support our vision of lower taxes and smaller government. We believe President Obama’s tax and regulatory policies are strangling economic growth through excessive regulation and government spending that is crowding out private investment.” Bill Allison of the Sunlight Foundation, which advocates for transparency in government and politics, says that the two groups are “certainly not a grassroots movement.… These donors can have a very disproportionate effect on politics, and the fact that we don’t know who they are and what kind of favors they will ask for is very troubling.” Allison speculates that some of the anonymous Crossroads GPS donors may be large public corporations, which according to the Post have “for the most part… not donated to super PACs or other groups that disclose donors.” American Crossroads is required to disclose its donors, which include Texas billionaire Harold Simmons ($12 million) and Texas home builder Bob Perry ($2.5 million). The Republican Jewish Coalition has identified itself on its tax returns as a donor to Crossroads GPS, having given $4 million to the organization. (Crossroads GPS donated back $250,000.) Sunlight and other critics have questioned Crossroads GPS’s status as a nonprofit “social welfare” group. Under IRS regulations, such groups cannot have as their primary purpose influencing elections, but they can spend up to half their money on political campaigning. The group has asked the IRS to grant it tax-exempt status. Critics have asked the IRS to revoke the group’s nonprofit status, saying that it is patently a political organization. A complaint filed by the Campaign Law Center and Democracy 21 in December 2011 said in part, “We are deeply concerned about the failure of the IRS to take any public steps to show that the agency is prepared to enforce the tax laws.” Crossroads GPS claims it has spent $17 million on direct election activities and $27 million on “grassroots issue advocacy,” including a $16 million expenditure in the summer of 2011 on ads pushing against tax increases during debate on raising the debt ceiling (see August 5, 2011). It has also given some $16 million to a network of conservative advocacy groups, including $4 million to Americans for Tax Reform (ATR), $3.7 million to the National Federation of Independent Business, and $2 million to the National Right to Life Committee. According to Crossroads GPS, all of its donation recipients are instructed to use the funds “only for exempt purposes and not for political expenditures.” In 2010, ATR spent $4 million—almost exactly the amount it received from Crossroads GPS—on political ads in 2010. Melanie Sloan of Citizens for Responsibility and Ethics in Washington (CREW) says that even if ATR did not spend the Crossroads GPS money on ads, the donation allowed it to divert $4 million of its own money to election ads. “It’s the same amount—does that seem likely to be a coincidence to you?” she asks a reporter. An ATR spokesperson says the Crossroads GPS donation was “in support of our work fighting tax hikes.” [Washington Post, 4/13/2012; iWatch News, 4/20/2012; Think Progress, 4/20/2012]
High Compensation - Steven Law, the former deputy secretary of labor under President Bush and the former general counsel for the US Chamber of Commerce who serves as the president of both organizations, pulled down $1.1 million in salaries and bonuses for the two groups. Collegio explains the high compensation to a reporter, saying: “Crossroads is a serious organization. Free market conservative donors know that hiring top CEO talent requires real compensation.” [iWatch News, 4/20/2012]

Entity Tags: American Crossroads, National Right to Life Committee, Karl C. Rove, Barack Obama, American Crossroads GPS, Washington Post, National Federation of Independent Business, Americans for Tax Reform, Melanie Sloan, Campaign Law Center, Bill Allison, Jonathan Collegio, Steven Law, Harold Simmons, Center for Public Integrity, Democracy 21, Republican Jewish Coalition, Bobby Jack Perry

Timeline Tags: Civil Liberties, 2012 Elections

USA Today, using data provided by the Federal Election Commission (FEC), reports that much of the unprecedentedly high political contributions in the 2012 presidential campaigns comes from anonymous donors. The report also shows that eight out of the top 10 donors give to Republican and/or conservative super PACs. The pattern is similar to that described in earlier reports, such as an August 2011 report that found a dozen wealthy donors made up the majority of super PAC donations, and most of those donors contributed to Republican or conservative organizations (see August 4, 2011), and a February 2012 analysis that found a quarter of the donations flowing into the super PACs came from just five wealthy donors, four of whom are Republican contributors (see February 21, 2012). The latest data shows that eight out of 10 of the top super PAC donors are either individuals or corporations who donate to Republican causes. One of the remaining two donors, the Cooperative of American Physicians, supports a single Democratic candidate and a range of Republicans. The other is a teachers’ union, the National Education Association. The top three donors—casino billionaire Sheldon Adelson and his wife Miriam, Dallas industrialist Harold Simmons and his wife Annette, and Houston real-estate mogul Bob Perry—have between them contributed over $45 million, more than four times the donations coming from the “bottom” six donors. Much of the money collected by nonprofit political advocacy organizations remains undocumented; for example, 80 percent of the donations collected by the Republican-aligned American Crossroads super PAC and its 501(c)4 sister organization Crossroads GPS is from anonymous donors (see April 13-20, 2012). The groups plan on spending at least $300 million during the campaign. FreedomWorks for America, the super PAC arm of the “astroturf” lobbying organization FreedomWorks (see April 14, 2009), garnered about a third of its contributions from anonymous donors who gave to the organization’s nonprofit arm. Law professor and campaign finance expert Richard Hasen says, “We have a dysfunctional system for financing our elections,” when anonymous donations can fund political activity. “It’s bad for our democracy when people refuse to be held accountable.” Russ Walker, the national political director of FreedomWorks for America, says simply, “Everything we are doing is within the law.” [USA Today, 4/22/2012; Think Progress, 4/23/2012]

Entity Tags: Cooperative of American Physicians, USA Today, American Crossroads GPS, American Crossroads, Bobby Jack Perry, Russ Walker, Sheldon Adelson, National Education Association, FreedomWorks for America, FreedomWorks, Federal Election Commission, Richard L. Hasen, Miriam Adelson, Annette Simmons, Harold Simmons

Timeline Tags: Civil Liberties, 2012 Elections

Senate Minority Leader Mitch McConnell (R-KY) and the US Chamber of Commerce file amicus curiae briefs with the US Supreme Court urging it to reverse the Montana Supreme Court’s support for Montana’s ban on corporate financing of political campaigns (see December 30, 2011 and After). The conservative lobbying and advocacy group Citizens United (CU) has already filed such a brief. Former officials of the ACLU, along with advocacy groups such as Free Speech for People, have filed an amicus brief asking the Court to review the decision. Many observers have predicted the Court will overturn the Montana high court’s ruling (see January 4, 2012) because it seems to conflict with the 2010 Citizens United Supreme Court decision (see January 21, 2010), but a summary reversal—in essence, a decision without allowing the two sides to present arguments—would be somewhat unusual. Four justices are required to accept the case for review, while five must vote for summary judgment. The Court issued a stay on the Montana court’s decision soon after its issuance (see February 10-17, 2012). The case is American Tradition Partnership, et al., v. Bullock. CU lawyers have asked the Court to protect the ruling it issued in the case bearing its name, accusing the Montana court of “constitutional mischief” and advising the Court to “reaffirm its position as the final arbiter of the Constitution’s meaning” by summarily reversing the Montana court’s decision. On the other side, the ACLU officials and other briefs have urged the Court to review its Citizens United decision, saying the ruling is “in serious doubt” because of “massive” spending in the 2012 federal campaigns “by corporations and wealthy elites.” The Free Speech for People brief focuses on the issue of spending by “independent” outside groups and individuals since the Citizens United decision (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), May 5, 2011, July 12, 2011, August 4, 2011, October 27, 2011, October 30, 2011, December 1, 2011, December 19, 2011, January 3, 2012, January 6, 2012, January 10, 2012, February 21, 2012, February 21, 2012, and March 26, 2012), and says the massive spending undercuts the rationale for the decision: “In view of the increasingly dominant role of corporate and private independent expenditures in our electoral politics, this Court should grant certiorari and reexamine whether its long-standing precedent permitting regulations designed to prevent the use of wealth from drowning out other voices provides an additional basis for upholding restrictions on independent expenditures.” The Free Speech for People brief also argues that the Court should use the American Tradition Partnership case to rule that corporations are not entitled to the protections of the First Amendment free speech clause or other provisions in the Bill of Rights. CU lawyers have argued that the Citizens United decision is not the issue, but the Montana high court’s decision to uphold its state ban on unlimited corporate spending because of what the CU brief calls “Montana’s supposedly unique history, geography, politics, and economy.” The CU brief continued, “The Montana Supreme Court’s state-specific analysis makes this case an exceedingly poor vehicle to reexamine the broader constitutional questions settled in Citizens United.” The US Supreme Court’s ruling in Citizens United should bind Montana as well as the other 49 states, the CU brief argued, saying that “state courts—like federal courts—have an unwavering obligation to uphold the Constitution of the United States and follow this Court’s decisions until they are withdrawn or modified.… They are not freed from that constitutional obligation where the decision of this Court is controversial or unpopular, where it was rendered by a divided Court, or where state officials disagree with the decisions as a matter of policy.” Instead, the brief claimed, Montana’s high court has promulgated “a transparent attempt to circumvent the application of this Court’s precedent to a state statute that is materially indistinguishable from the federal prohibition on corporate independent expenditures struck down by this Court in Citizens United. Such constitutional mischief should proceed no further.” The liberal news Web site Think Progress notes that Senator McConnell, who files a brief urging summary reversal today, has argued against campaign finance reform for a decade, and was one of the plaintiffs in an unsuccessful 2002 lawsuit attempting to reverse a legislative ban on corporate donations (see December 10, 2003). And, it notes, the US Chamber of Commerce is one of the biggest donors in the 2012 elections. [Lyle Denniston, 5/1/2012; Think Progress, 5/2/2012] The Supreme Court will indeed overrule the Montana high court’s decision (see June 25, 2012).

Entity Tags: US Chamber of Commerce, Citizens United, Free Speech for People, Mitch McConnell, US Supreme Court, Montana Supreme Court, Think Progress (.org)

Timeline Tags: Civil Liberties

Republican presidential candidate Newt Gingrich (R-GA) officially suspends his presidential campaign, tacitly acknowledging his defeat at the hands of frontrunner Mitt Romney (R-MA). Among the few people he thanks by name are Sheldon and Miriam Adelson. The Adelsons, who own a number of casinos in Las Vegas and Southeast Asia, by donating some $25 million to Gingrich’s super PAC, were primarily responsible for keeping Gingrich’s campaign afloat in recent months (see December 1, 2011, December 19, 2011, January 3, 2012, January 6, 2012, January 23, 2012, February 21, 2012, February 21, 2012, March 26, 2012, and April 22, 2012). Gingrich tells the assemblage, “And of course, while they weren’t directly associated with the campaign, it would be impossible for me to be here and thank everybody without mentioning Sheldon and Miriam Adelson, who single-handedly came pretty close to matching Romney’s super PAC.” Alex Seitz-Wald of the liberal news Web site Think Progress writes, “Gingrich’s praise of the Adelsons, and admission of their importance in his campaign, underscores how super PACs have fundamentally changed the political landscape, allowing a single household to spend unlimited amounts of money to nearly ‘single-handedly’ fund candidates.” While Gingrich is careful to note that the Adelsons were not “directly associated with the campaign,” his citation of them raises questions about how “independently” they functioned, as super PACs are legally not allowed to coordinate with campaigns and are required to operate entirely outside of the campaign. Seitz-Wald writes that Gingrich’s “public gratitude underscores the porous rules governing campaign finance in the post-Citizens United era.” Despite the lavish donations from the Adelsons, Gingrich bears a significant campaign debt; he is expected to endorse Romney in return for Romney’s agreement to help him pay off that debt. [Think Progress, 5/2/2012]

Entity Tags: Newt Gingrich, Alex Seitz-Wald, Miriam Adelson, Willard Mitt Romney, Sheldon Adelson

Timeline Tags: 2012 Elections

Some sources believe Romney may consider John Bolton for Secretary of State if elected president.Some sources believe Romney may consider John Bolton for Secretary of State if elected president. [Source: Getty Images / CNN]Journalist Ari Berman, of the liberal magazine The Nation, writes that presumptive Republican presidential Mitt Romney (R-MA) seems to be relying on a large number of neoconservatives to help him formulate his foreign policy stance for the election. Berman believes it is safe to assume that Romney will appoint many of his neoconservative advisors to powerful positions in his administration should he win the November election. Berman writes: “Given Romney’s well-established penchant for flip-flopping and opportunism, it’s difficult to know what he really believes on any issue, including foreign affairs (the campaign did not respond to a request for comment). But a comprehensive review of his statements during the primary and his choice of advisers suggests a return to the hawkish, unilateral interventionism of the George W. Bush administration should he win the White House in November.” Conservative Christian leader Richard Land has said that Romney could shore up his sagging credibility with conservatives by “pre-naming” some key Cabinet selections: former Senator Rick Santorum (R-PA) as Attorney General, former House Speaker Newt Gingrich (R-GA) as US ambassador to the United Nations, and former State Department official John Bolton as Secretary of State. Berman calls the prospect of those appointments “terrifying” and “more plausible than one might think.” Neoconservative blogger Jennifer Rubin recently wrote for the Washington Post that “[m]any conservatives hope” Bolton will accept “a senior national security post in a Romney administration.” For his point, Bolton has endorsed Romney, and has campaigned on his behalf. Romney is not well versed in foreign policy affairs, Berman writes, noting that in 2008 the presidential campaign of John McCain (R-AZ) found that at the time “Romney’s foreign affairs resume is extremely thin, leading to credibility problems.” Romney suffered the criticism of being “too liberal” in 2008, and in 2011-12 attempted to refute that criticism by publicly aligning himself with Bolton and other neoconservatives. Brian Katulis of the liberal Center for American Progress has said, “When you read the op-eds and listen to the speeches, it sounds like Romney’s listening to the John Bolton types more than anyone else.” [Washington Post, 3/13/2012; Nation, 5/21/2012]
The Project for the New American Century - Bolton and seven other Romney advisors are signers of a letter drafted by the Project for the New American Century (PNAC), an influential neoconservative advocacy group (see June 3, 1997 and September 2000) that urged both the Clinton and Bush administrations to attack Iraq (see January 26, 1998, February 19, 1998 and May 29, 1998). (The PNAC is defunct, but was replaced by a similar advocacy group, the Foreign Policy Initiative, or FPI—see Before March 25, 2009). PNAC co-founder Eliot Cohen, who served as counsel for Secretary of State Condoleezza Rice from 2007-2009, wrote the foreward to Romney’s foreign policy white paper, entitled “An American Century.” Cohen has called the war on terror “World War IV” (see November 20, 2001), and helped push the Bush administration into going to war with Iraq after the 9/11 bombings. In 2009, Cohen reiterated his 2001 call for the US to overthrow the government of Iran (see November 20, 2001). Another PNAC co-founder, FPI’s Robert Kagan, a longtime advocate for widespread war in the Middle East (see October 29, 2001), helped Romney formulate his foreign policy. Romney’s foreign policy stance is based largely on negative attacks on the Obama administration, which it accuses of kowtowing to foreign governments, and a massive military buildup. [Washington Post, 10/9/2011; Nation, 5/21/2012]
Bush Administration Officials' Involvement - Many former Bush administration officials are involved with Romney’s foreign policy. Robert G. Joseph, a former National Security Council official who is primarily responsible for having then-President Bush claim that Iraq had tried to buy enriched uranium from Niger (see January 26 or 27, 2003), former Bush administration spokesman and FPI founder Dan Senor (see October 2, 2005), and former Defense Department official Eric Edelman (see July 16-20, 2007) are prominent members of Romney’s advisory team. Preble says of Romney’s foreign policy advisors: “I can’t name a single Romney foreign policy adviser who believes the Iraq War was a mistake. Two-thirds of the American people do believe the Iraq War was a mistake. So he has willingly chosen to align himself with that one-third of the population right out of the gate.” Edelman, like others on the Romney team, believes that the US should attack Iran, a position Romney himself apparently holds. Senor serves as a conduit between the Romney campaign and Israel’s far right, including Prime Minister Benjamin Netanyahu. Recently, Senor posted the following on Twitter: “Mitt-Bibi will be the new Reagan-Thatcher.” Lawrence Wilkerson, the chief of staff for then-Secretary of State Colin Powell, has said the Republican Party “has not a clue” how to extricate the US from its “state of interminable war,” and apparently little appetite for such extrication. “In fact, they want to deepen it, widen it and go further, on Chinese and Japanese dollars.” The influence of far-right neoconservatives “astonishe[s]” Wilkerson. Christopher Preble, a foreign policy expert for the Cato Institute, says that neoconservatives have remained influential even after the Iraq debacle because they have rewritten history. “They’ve crafted this narrative around the surge (see January 10, 2007), claiming Iraq was, in fact, a success. They’ve ridden that ever since.”
Huge Spending Increases for Defense, Possible Recession - If Romney follows his current statements, a Romney administration under the tutelage of his neoconservative advisors would usher in a new era of massive defense spending increases. He advocates spending a minimum of 4 percent of the nation’s GDP (Gross Domestic Product) to increase spending on defense, which would increase the Pentagon’s budget by over $200 billion in 2016. That is 38% more than the Obama administration plans to spend on defense. Romney would pay for that increase with severe cuts in domestic spending. Fiscal Times columnist Merrill Goozner has written: “Romney’s proposal to embark on a second straight decade of escalating military spending would be the first time in American history that war preparation and defense spending had increased as a share of overall economic activity for such an extended period. When coupled with the 20 percent cut in taxes he promises, it would require shrinking domestic spending to levels not seen since the Great Depression—before programs like Social Security, Medicare and Medicaid began.” Goozner wrote that Romney’s spending plan “would likely throw the US economy back into recession.” The proposed huge spending increases are in part the product of the Defending Defense coalition, a joint project of the FPI, the American Enterprise Institute (AEI), and the Heritage Foundation. [Fiscal Times, 3/7/2012; Nation, 5/21/2012]
Cofer Black and Enhanced National Security - Romney’s counterterrorism advisor is J. Cofer Black, a former CIA operative and Bush-era security official. Black presented a plan to invade Afghanistan two days after the 9/11 attacks, and claimed that al-Qaeda could be defeated and the world made secure from terrorism in a matter of weeks (see September 13, 2001). Black was fired from the CIA in 2002 for publicly criticizing the Bush administration’s failure to capture or kill Osama bin Laden (see May 17, 2002). In 2005, Black became a senior official for the private mercenary firm Blackwater (see February 2005). He has been a Romney advisor since 2007 (see April 2007). Black advised Romney not to consider waterboarding as torture, and has touted his CIA experience with that agency’s illegal “extraordinary rendition” program, which sent prisoners to foreign countries for abuse and torture. Romney relies on Black for security assessments of security assessments of Afghanistan, Pakistan, Egypt and Iran, including Iran’s nuclear program. Preble says, “Romney’s likely to be in the mold of George W. Bush when it comes to foreign policy if he were elected.” Berman writes that “[o]n some key issues, like Iran, Romney and his team are to the right of Bush.” Berman goes on to write that if Romney adheres to his statements on the campaign trail, “a Romney presidency would move toward war against Iran; closely align Washington with the Israeli right; leave troops in Afghanistan at least until 2014 and refuse to negotiate with the Taliban; reset the Obama administration’s ‘reset’ with Russia; and pursue a Reagan-like military buildup at home.”
Moderates Sidelined - The moderates on Romney’s team have been shunted aside in favor of the hardliners. Mitchell Reiss, Romney’s principal foreign policy advisor in 2008 and a former State Department official under Powell, no longer enjoys favored access to the candidate. In December 2011 Romney publicly contradicted Reiss’s advocacy of US negotiations with the Taliban, instead advocating the total military defeat of the Taliban and criticizing the Obama administration’s plan to “draw down” US troops from Afghanistan. Vice President Joseph Biden has said that Romney and his neoconservative advisors “see the world through a cold war prism that is totally out of touch with the realities of the twenty-first century.” Romney began tacking to the right during the early days of the Republican primaries, aligning himself with candidates such as Gingrich, Herman Cain (R-GA), and Michele Bachmann (R-MN), and away from moderate candidate Jon Huntsman (R-UT) and isolationist candidate Ron Paul (R-TX). Heather Hurlburt of the centrist National Security Network says: “The foreign policy experts who represent old-school, small-c conservatism and internationalism have been pushed out of the party. Who in the Republican Party still listens to Brent Scowcroft?” (see October 2004). Wilkerson says moderate conservatives such as Powell and Scowcroft are “very worried about their ability to restore moderation and sobriety to the party’s foreign and domestic policies.” Berman writes, “In 2012 Obama is running as Bush 41 and Romney as Bush 43.” [Nation, 5/21/2012]

In an interview with reporter/pundit Sam Seder, former US Senator Russ Feingold (D-WI) says that he feels Supreme Court Justice Anthony Kennedy is embarrassed by the “almost lawless decision” rendered by the Court in its 2010 Citizens United ruling (see January 21, 2010). That ruling allows corporations and labor unions to spend unlimited amounts in political campaigns, and is widely credited with the enormous influx of corporate money in the 2012 presidential elections. Kennedy wrote the majority opinion. Feingold says: “This is a guy who is usually a careful justice. He just started making these sweeping assertions about what corruption was, what companies do, like he was talking at a bar with somebody over a beer rather than anything that was a legal decision. It was really reckless. I am guess[ing] he might even be a little bit embarrassed at this point about what a sloppy opinion it was, and how it just asserted things that aren’t proven.” Feingold, who co-authored the 2002 Bipartisan Campaign Reform Act (BCRA—see March 27, 2002), says the current campaign finance system is nothing less than “legalized extortion.” He adds: “It’s not like corporate CEOs sit around their office and go, ‘You know, I’d like to throw some money around in the political process.’ It works the other way. The politicians call up and ask for the money.” [Raw Story, 5/7/2012]

Entity Tags: US Supreme Court, Anthony Kennedy, Bipartisan Campaign Reform Act of 2002, Sam Seder, Russell D. Feingold

Timeline Tags: Civil Liberties

Investigative journalist Robert Parry speaks at a conference in Heidelberg, Germany concerning the progression of journalism from the 1970s to the present. Parry tells the gathering that American investigative journalism may have hit something of a zenith in the 1970s, with the media exposure of the Pentagon Papers (see March 1971) and the Watergate scandal (see August 8, 1974). “That was a time when US journalism perhaps was at its best, far from perfect, but doing what the Founders had in mind when they afforded special protections to the American press,” he says. “In the 1970s, besides the Pentagon Papers and Watergate, there were other important press disclosures, like the My Lai massacre story and the CIA abuses—from Iran to Guatemala, from Cuba to Chile. For people around the world, American journalism was the gold standard. Granted, that was never the full picture. There were shortcomings even in the 1970s. You also could argue that the US news media’s performance then was exceptional mostly in contrast to its failures during the Cold War, when reporters tended to be stenographers to power, going along to get along, including early in the Vietnam War.” However, those days are long past, Parry notes, and in recent years, American journalism has, he says, gone “terribly wrong.” Parry says that the American press was subjected to an orchestrated program of propaganda and manipulation on a par with what the CIA did in many foreign countries: “Think how the CIA would target a country with the goal of shoring up a wealthy oligarchy. The agency might begin by taking over influential media outlets or starting its own. It would identify useful friends and isolate troublesome enemies. It would organize pro-oligarchy political groups. It would finance agit-prop specialists skilled at undermining and discrediting perceived enemies. If the project were successful, you would expect the oligarchy to consolidate its power, to get laws written in its favor. And eventually the winners would take a larger share of the nation’s wealth. And what we saw in the late 1970s and early 1980s in the United States was something like the behavior of an embattled oligarchy. Nixon’s embittered allies and the Right behaved as if they were following a CIA script. They built fronts; they took over and opened new media outlets; they spread propaganda; they discredited people who got in the way; ultimately, they consolidated power; they changed laws in their favor; and—over the course of several decades—they made themselves even richer, indeed a lot richer, and that, in turn, has translated into even more power.”
Building a Base - Right-wing billionaires such as the Koch brothers (see 1979-1980) and Richard Mellon Scaife, along with Nixon-era figures such as former Treasury Secretary William Simon (a Wall Street investment banker who ran the right-wing Olin Foundation) worked to organize conservative foundations; their money went into funding what Parry calls “right-wing media… right-wing think tanks… [and] right-wing attack groups. Some of these attack groups were set up to go after troublesome reporters.” Parry finds it ironic, in light of the CIA’s interference in the affairs of other nations, that two foreign media moguls, Sun Myung Moon and Rupert Murdoch, were key figures in building and financing this conservative media construct. Some media outlets, such as Fox News (see Summer 1970 and October 7, 1996), were created from scratch, while others, such as the venerable and formerly liberal New Republic, were bought out and taken over by conservatives. When Ronald Reagan ascended to the White House, Parry says, he brought along with him “a gifted team of [public relations] and ad men.” Vice President George H.W. Bush, a former CIA director, enabled access to that agency’s propaganda professionals. And Reagan named William Casey to head the CIA; Casey, a former Nixon administration official, was “obsessed [with] the importance of deception and propaganda,” Parry says. “Casey understood that he who controlled the flow of information had a decisive advantage in any conflict.”
Two-Pronged Attack - Two key sources of information for Washington media insiders were targeted, Parry says: the “fiercely independent” CIA analytical division, whose analyses had so often proven damaging to White House plans when reported, and the “unruly” Washington press corps. Casey targeted the CIA analysts, placing his young assistant, Robert Gates, in charge of the analytical division; Gates’s reorganization drove many troublesome analysts into early retirement, to be replaced with more malleable analysts who would echo the White House’s hard line against “Soviet expansionism.” Another Casey crony, Walter Raymond Jr., worked to corral the Washington press corps from his position on the National Security Council. Raymond headed an interagency task force that ostensibly spread “good news” about American policies in the foreign press, but in reality worked to smear and besmirch American journalists who the White House found troubling. According to Parry, “Secret government documents that later emerged in the Iran-Contra scandal revealed that Raymond’s team worked aggressively and systematically to lobby news executives and turn them against their reporters when the reporters dug up information that clashed with Reagan’s propaganda, especially in hot spots like Central America.” It was easy to discredit female journalists in Central America, Parry says; Raymond’s team would spread rumors that they were secretly having sexual liaisons with Communist officials. Other reporters were dismissed as “liberals,” a label that many news executives were eager to avoid. Working through the news executives was remarkably successful, Parry says, and it was not long before many Washington reporters were either brought to heel or marginalized.
'Perception Management' - Reagan’s team called its domestic propaganda scheme “perception management.” Parry says: “The idea was that if you could manage how the American people perceived events abroad, you could not only insure their continued support of the foreign policy, but in making the people more compliant domestically. A frightened population is much easier to control. Thus, if you could manage the information flows inside the government and inside the Washington press corps, you could be more confident that there would be no more Vietnam-style protests. No more Pentagon Papers. No more My Lai massacre disclosures. No more Watergates.” The New York Times and Washington Post, the newspapers that had led the surge of investigative reporting in the 1970s, were effectively muzzled during the Reagan era; Parry says that the two papers “became more solicitous to the Establishment than they were committed to the quality journalism that had contributed to the upheavals of the 1960s and 1970s.” The same happened at the Associated Press (AP), where Parry had attempted, with limited success, to dig into the Reagan administration’s Central American policies, policies that would eventually crystallize into the Iran-Contra scandal (see May 5, 1987). Few newspapers followed the lead of AP reporters such as Parry and Brian Barger until late 1986, when the Hasenfus air crash provided a news story that editors could no longer ignore (see October 5, 1986). But, Parry says, by the time of the Iran-Contra hearings, few news providers, including the Associated Press, had the stomach for another scandal that might result in another impeachment, particularly in light of the relentless pressure coming from the Reagan administration and its proxies. By June 1990, Parry says he understood “the concept of ‘perception management’ had carried the day in Washington, with remarkably little resistance from the Washington press corps.… Washington journalists had reverted to their pre-Vietnam, pre-Watergate inability to penetrate important government secrets in a significant way.” The process accelerated after 9/11, Parry says: “[M]any journalists reverted back their earlier roles as stenographers to power. They also became cheerleaders for a misguided war in Iraq. Indeed, you can track the arc of modern American journalism from its apex at the Pentagon Papers and Watergate curving downward to that center point of Iran-Contra before reaching the nadir of Bush’s war in Iraq. Journalists found it hard even to challenge Bush when he was telling obvious lies. For instance, in June 2003, as the search for WMD came up empty, Bush began to tell reporters that he had no choice but to invade because Saddam Hussein had refused to let UN inspectors in. Though everyone knew that Hussein had let the inspectors in and that it was Bush who had forced them to leave in March 2003, not a single reporter confronted Bush on this lie, which he repeated again and again right through his exit interviews in 2008” (see November 2002-March 2003, November 25, 2002, December 2, 2002, December 5, 2002, January 9, 2003, March 7, 2003, and March 17, 2003).
The Wikileaks Era and the 'Fawning Corporate Media' - Parry says that now, the tough-minded independent media has been all but supplanted by what former CIA analyst Ray McGovern calls the “Fawning Corporate Media.” This has increased public distrust of the media, which has led to people seeking alternative investigative and reporting methods. Parry comments that much of the real investigative journalism happening now is the product of non-professionals working outside the traditional media structure, such as Wikileaks (see February 15, 2007, 2008, and April 18, 2009). However, the independent media have not demonstrated they can reach the level of influence of institutions like the Washington Post and the New York Times. “[I]f we were assessing how well the post-Watergate CIA-style covert operation worked,” Parry says, “we’d have to conclude that it was remarkably successful. Even after George W. Bush took the United States to war in Iraq under false pretenses and even after he authorized the torture of detainees in the ‘war on terror,’ no one involved in those decisions has faced any accountability at all. When high-flying Wall Street bankers brought the world’s economy to its knees with risky gambles in 2008, Western governments used trillions of dollars in public moneys to bail the bankers out. But not one senior banker faced prosecution.… Another measure of how the post-Watergate counteroffensive succeeded would be to note how very well America’s oligarchy had done financially in the past few decades. Not only has political power been concentrated in their hands, but the country’s wealth, too.… So, a sad but—I think—fair conclusion would be that at least for the time being, perception management has won out over truth. But the struggle over information and democracy has entered another new and unpredictable phase.” [Consortium News, 5/15/2012]

Entity Tags: Fox News, David Koch, Washington Post, William Casey, William Simon, Central Intelligence Agency, Associated Press, The New Republic, Sun Myung Moon, Walter Raymond, Jr, Ronald Reagan, New York Times, George W. Bush, George Herbert Walker Bush, Rupert Murdoch, Robert Parry, Ray McGovern, Robert M. Gates, Olin Foundation, Charles Koch, Richard Mellon Scaife

Timeline Tags: Domestic Propaganda

Jeffrey Toobin in 2007.Jeffrey Toobin in 2007. [Source: Wikimedia]Author and political pundit, Jeffrey Toobin, publishes an in-depth article for the New Yorker showing that Chief Justice John Roberts engineered the 2010 Citizens United Supreme Court decision (see January 21, 2010), moving it from a case that could well have been considered and decided on a relatively narrow basis to a sweeping decision that reformed the nation’s campaign finance structure. Toobin writes that the underlying issue was quite narrow: the conservative advocacy organization Citizens United (CU) wanted to run a documentary attacking presidential candidate Hillary Clinton (D-NY) on “video on demand” cable broadcast (see January 10-16, 2008). Under the McCain-Feingold campaign finance legislation (see March 27, 2002 and December 10, 2003), the Federal Election Commission (FEC) disallowed the broadcast because it would come 30 days or less before primary elections. CU challenged the decision in court (see January 10-16, 2008, March 24, 2008, March 15, 2009, June 29, 2009, and September 9, 2009). [New Yorker, 5/21/2012] Toobin’s article is an excerpt from his forthcoming book The Oath: The Obama White House vs. The Supreme Court. It is dated May 21, but appears on the New Yorker’s Web site on May 14. [Tom Goldstein, 5/14/2012]
Oral Arguments - During the initial arguments (see March 15, 2009), attorney Theodore Olson, the former solicitor general for the Bush administration, argued a narrow case: that McCain-Feingold’s prohibitions only applied to television commercials, not to full-length documentary films. Olson argued, “This sort of communication was not something that Congress intended to prohibit.” Toobin writes: “Olson’s argument indicated that there was no need for the Court to declare any part of the law unconstitutional, or even to address the First Amendment implications of the case. Olson simply sought a judgment that McCain-Feingold did not apply to documentaries shown through video on demand.… If the justices had resolved the case as Olson had suggested, today Citizens United might well be forgotten—a narrow ruling on a remote aspect of campaign-finance law.” However, Justice Antonin Scalia, one of the most vocal opponents of campaign finance restrictions on the Court (see September 26, 1986, December 15, 1986, March 27, 1990, June 26, 1996, June 16, 2003, December 10, 2003, and June 25, 2007), seemed disappointed in the limited nature of Olson’s argument, Toobin writes. The oral arguments expand the case far beyond Olson’s initial position. Olson’s initial intention was to narrow the case so that the Court would not have to expand its scope to find in favor of CU.
Change of Scope - Ironically, the government’s lead lawyer, Deputy Solicitor General Malcolm Stewart, may well have changed the scope of the case in favor of a broader interpretation. Traditionally, lawyers with the solicitor general (SG)‘s office are far more straightforward with the Court than is usual in advocacy-driven cases. Toobin writes: “The solicitor general’s lawyers press their arguments in a way that hews strictly to existing precedent. They don’t hide unfavorable facts from the justices. They are straight shooters.” Stewart, who had clerked for former Justice Harry Blackmun and a veteran of the SG office since 1993, is well aware of the requirements of Court arguments. But, Toobin writes, Stewart fell into a trap, prompted by Justice Samuel Alito’s pointed questioning about the government’s ability to ban or censor printed materials—i.e. books—under McCain-Feingold—and follow-up questions by Roberts and Justice Anthony Kennedy, that led him to claim incorrectly that the government could indeed censor books under the law. Stewart’s incorrect assertion gave Roberts and his colleagues the chance to overturn McCain-Feingold on the grounds of the First Amendment right to freedom of speech.
Second Arguments - The second arguments were held on September 9, 2009 (see September 9, 2009). The concept of “money equals speech” goes back at least as far as the 1976 Buckley decision (see January 30, 1976), and the five conservative justices were poised to stretch that definition much farther than has previously been done.
Majority Opinion - Toobin writes that Roberts’s decision was then to decide “how much he wanted to help the Republican Party. Roberts’s choice was: a lot.” Roberts assigned the opinion to Kennedy, the “swing” justice who had already written an expansive opinion gutting almost a century’s worth of campaign finance legislation. Kennedy tends to “swing wildly in one direction or another,” Toobin writes, “an extremist—of varied enthusiasms.” In the area of campaign finance, he has consistently “swung” to the conservative side of the argument. He is, Toobin writes, “extremely receptive to arguments that the government had unduly restricted freedom of speech—especially in the area of campaign finance.” Moreover, Kennedy enjoys writing controversial and “high-profile” opinions. Toobin says that Roberts’s choice of Kennedy to write the opinion was clever: Roberts came onto the Court promising to conduct himself with judicial modesty and a respect for precedent. Kennedy, with his draft opinion at the ready, was a better choice to write an opinion that lacked either modesty or a respect for Court precedence. Roberts, Toobin writes, “obtained a far-reaching result without leaving his own fingerprints.” Kennedy, in an often-eloquent opinion that did not deal with the gritty reality of the Citizens United case, stated that any restraint of money in a campaign risked infringing on free speech. “Speech is an essential mechanism of democracy, for it is the means to hold officials accountable to the people. The right of citizens to inquire, to hear, to speak, and to use information to reach consensus is a precondition to enlightened self-government and a necessary means to protect it.… By taking the right to speak from some and giving it to others, the government deprives the disadvantaged person or class of the right to use speech to strive to establish worth, standing, and respect for the speaker’s voice. The government may not by these means deprive the public of the right and privilege to determine for itself what speech and speakers are worthy of consideration. The First Amendment protects speech and speaker, and the ideas that flow from each.” Kennedy also reaffirmed the Court’s perception that corporations deserve the same First Amendment protections enjoyed by individuals. Kennedy’s opinion found, in Toobin’s words, that “[t]he Constitution required that all corporations, for-profit and nonprofit alike, be allowed to spend as much as they wanted, anytime they wanted, in support of the candidates of their choosing.” One of the only provisions remaining in McCain-Feingold after Kennedy’s opinion was the ban on direct corporate contributions to candidates.
Fiery Dissent from 'Liberal' Stevens - Toobin reminds readers that the elder statesman of the “liberal” wing of the Court at the time, John Paul Stevens, is a “moderate Midwestern Republican,” one of the last of a “vanishing political tradition.” Though Stevens’s views have migrated left on some issues, such as the death penalty, Toobin writes that the perception of Stevens as a Court liberal is mostly because of the Court’s steady progression to the right. Toobin writes that the 90-year-old Stevens has grown dispirited in recent years, as the conservative wing of the Court, led by Scalia, Alito, and Roberts with Clarence Thomas and often Kennedy in tow, overturned one Court precedent after another. “The course of Citizens United represented everything that offended Stevens most about the Roberts Court,” Toobin writes. Much of Stevens’s objections to the Roberts Court are rooted in procedure; he is deeply troubled by the Citizens United case being transformed by Roberts and his conservative colleagues from a narrowly focused case about a single McCain-Feingold provision to what Toobin calls “an assault on a century of federal laws and precedents. To Stevens, it was the purest kind of judicial activism.” Stevens wrote in his angry dissent, “Five justices were unhappy with the limited nature of the case before us, so they changed the case to give themselves an opportunity to change the law.” A simple change in the McCain-Feingold law to disallow its application to full-length documentaries the CU case was sparked by, or even to nonprofit organizations such as CU, would have been appropriate, Stevens wrote. He penned a 90-page dissent, the longest of his career, blasting almost every aspect of Kennedy’s decision, starting with Kennedy’s ignoring of precedent and continuing with a refutation of Kennedy’s perception of the Constitutional definitions of “censorship” and “free speech.” Stevens was angered by Kennedy’s equivocation of corporations with people. “The Framers thus took it as a given that corporations could be comprehensively regulated in the service of the public welfare,” he wrote. “Unlike our colleagues, they had little trouble distinguishing corporations from human beings, and when they constitutionalized the right to free speech in the First Amendment, it was the free speech of individual Americans that they had in mind.” Congress has drawn significant distinctions between corporations and people for over a century, he wrote: “at the federal level, the express distinction between corporate and individual political spending on elections stretches back to 1907, when Congress passed the Tillman Act” (see 1907). He even challenged Kennedy’s stated fear that the government might persecute individuals’ speech based on “the speaker’s identity,” sarcastically noting that Kennedy’s opinion “would have accorded the propaganda broadcasts to our troops by ‘Tokyo Rose’ [a famed Japanese propagandist] during World War II the same protection as speech by Allied commanders.” According to Toobin, Stevens’s law clerks disliked the dated reference, but Stevens, a Navy veteran, insisted on keeping it. Toobin writes that “Stevens’s conclusion was despairing.” Stevens concluded: “At bottom, the Court’s opinion is thus a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self-government since the founding, and who have fought against the distinctive corrupting potential of corporate electioneering since the days of Theodore Roosevelt.… It is a strange time to repudiate that common sense. While American democracy is imperfect, few outside the majority of this Court would have thought its flaws included a dearth of corporate money in politics.” Toobin notes that as “impressive” as Stevens’s dissent may have been, it was Kennedy’s opinion that “was reshaping American politics.”
Reaction - In his State of the Union address six days after the verdict, President Obama referenced Justice Ruth Bader Ginsburg’s concerns about foreign influence in American politics by saying, “With all due deference to separation of powers, last week the Supreme Court reversed a century of law that I believe will open the floodgates for special interests—including foreign corporations—to spend without limit in our elections” (see January 27-29, 2010). Democrats cheered as Obama said, “I don’t think American elections should be bankrolled by America’s most powerful interests or, worse, by foreign entities.” Alito’s mouthing of the words “not true” stirred some controversy; Toobin notes that Alito was technically correct, as “Kennedy’s opinion expressly reserved the question of whether the ruling applied to foreign corporations.” However, Toobin notes, “as Olson had argued before the justices, the logic of the Court’s prior decisions suggested that foreign corporations had equal rights to spend in American elections.” With the Citizens United decision and a March 2010 decision that allowed for the formation of “super PACs” (see March 26, 2010), the way was clear for what Toobin calls “presidential campaigns in 2012 that were essentially underwritten by single individuals.” He notes the billionaires that almost single-handedly supported Republican presidential candidates (see February 21, 2012, February 16-17, 2012, February 21, 2012, March 26, 2012, and April 22, 2012), and the efforts of organizations like Crossroads GPS that have to date raised tens of millions of dollars for Republican candidates (see May 2, 2012). Toobin believes that the Court will continue to deregulate campaign finance, noting the 2011 decision that invalidated Arizona’s system of public financing that state enacted after a series of campaign finance scandals (see June 27, 2011). He concludes, “The Roberts Court, it appears, will guarantee moneyed interests the freedom to raise and spend any amount, from any source, at any time, in order to win elections.” [New Yorker, 5/21/2012]
Criticisms of the Article - Toobin’s article will engender significant criticism, from nuanced questioning of particular elements of Toobin’s story (see May 14, 2012) to accusations of outright “fictionalizing” (see May 17, 2012) and “libelous” claims (see May 15-17, 2012).

Entity Tags: Clarence Thomas, US Supreme Court, Citizens United, Barack Obama, Antonin Scalia, Anthony Kennedy, American Crossroads GPS, Tillman Act, Bipartisan Campaign Reform Act of 2002, Theodore (“Ted”) Olson, Ruth Bader Ginsberg, John Paul Stevens, John G. Roberts, Jr, Malcolm Stewart, Jeffrey Toobin, Republican Party, Hillary Clinton, Samuel Alito, Federal Election Commission

Timeline Tags: Civil Liberties

Ed Whelan of the conservative National Review is highly critical of a recent article by the New Yorker’s Jeffrey Toobin about the internal decision-making process behind the 2010 Citizens United decision (see January 21, 2010 and May 14, 2012). Elements of Toobin’s narrative have already been questioned by law professors Thomas Goldstein and Jonathan Adler (see May 14, 2012), though both professors are generally supportive of the article and recommend it for reading. In his first article, Whelan writes that the evidence “doesn’t support his thesis,” and promises a followup article that addresses “some of Toobin’s wild distortions about” the decision, including what he calls Toobin’s “baseless libel” against Chief Justice John Roberts, referencing Toobin’s implication that Roberts engineered the sweeping campaign finance reform of the decision in order to aid Republican candidates. Whelan interprets Toobin’s evidence to say that it shows Justice Anthony Kennedy, not Roberts, enlarged the scope of the Citizens United decision; however, Whelan believes neither interpretation. Some of Toobin’s interpretation of events hinges on a draft dissent penned by Justice David Souter that was withdrawn after Roberts agreed to let the case be re-argued (see June 29, 2009 and September 9, 2009). Whelan implies that he doubts the existence of such a dissent, an implication that cannot be disproven, as Souter sealed his Court records after his retirement (see May 14-16, 2012). If the dissent does exist, Whelan doubts that Toobin has read it. He concludes by casting aspersions on Toobin’s assertion that Roberts engineered the results of the decision “without leaving his own fingerprints.” Roberts cast the deciding vote in the 5-4 split, Whelan notes, and adds that Roberts did not entirely escape criticism for the ruling after it was issued. [National Review, 5/15/2012]
Part Two - The next day, Whelan publishes the second part of the article, and condemns Toobin for asserting that Roberts crafted the decision with the intention of helping Republican candidates in upcoming elections. He calls the assertion “scurrilous,” and says Toobin presents “not an iota of evidence” for the claim. Whelan then writes that no evidence exists to show that the decision has helped Republican candidates more than Democrats (see November 1, 2010 and January 21, 2012), apparently ignoring two years’ worth of evidence showing that in the wake of decisions, outside funding of Republican candidates has swamped Democrats’ efforts to retain parity (see August 2, 2010, April 5, 2010, September 13-16, 2010, September 21 - November 1, 2010, October 2010, Mid-October 2010, October 18, 2010, Around October 27, 2010, October 30, 2010, Mid-November 2010, January 26, 2011 and After, March 2011, (May 4, 2011), May 5, 2011, July 12, 2011, August 4, 2011, October 27, 2011, November 8, 2011, December 1, 2011, January 6, 2012, January 23, 2012, February 6, 2012, February 9, 2012, February 21, 2012, February 21, 2012, February 21, 2012, March 9, 2012, March 26, 2012, Late March 2012, April 13-20, 2012, April 22, 2012, and May 2, 2012). He cites an article by Weekly Standard contributor Andrew Ferguson that denies the “rich and powerful” donate more to Republicans than Democrats, where the only “evidence” Ferguson cited was his assertion that “Democrats are the party of what Democrats used to call the superrich. Only Democrats seem not to realize this.” [National Review, 5/16/2012]
Final Thoughts - Whelan’s final article on the subject approvingly cites an equally negative critique of the Toobin article from Weekly Standard writer Adam White (see May 17, 2012), and insults law professor Richard Hasen’s perspective on the matter (see May 14-16, 2012); after noting that Hasen is a “[l]aw professor and election-law expert,” Whelan advises Hasen to read White’s column more closely. He also derides the idea that the Souter dissent is “secret,” noting that it would have been circulated among the other eight justices, and Justice John Paul Stevens would have had it available to him for his own published dissent. He then quotes Hasen’s critique of Stevens’s “somewhat meandering and ineffective” dissent, turns the phrasing around to insult Souter’s writing style, and says that Souter’s dissent may “reflect… too much of Souter’s draft dissent.” In attacking Hasen’s request for Souter to release the dissent, he contradicts himself by noting that the dissent is “confidential case information” that should remain out of public view. [National Review, 5/17/2012]

Entity Tags: John G. Roberts, Jr, Anthony Kennedy, Andrew Ferguson, Adam White, David Souter, Jeffrey Toobin, Richard L. Hasen, Thomas Goldstein, John Paul Stevens, Jonathan Adler, Ed Whelan

Timeline Tags: Civil Liberties

Columnist Adam White, writing for the conservative Weekly Standard, lambasts a recent article by the New Yorker’s Jeffrey Toobin about the internal decision-making process behind the 2010 Citizens United decision (see January 21, 2010 and May 14, 2012). Most publications describe the decision as allowing corporations and labor unions to spend money freely in campaigns, but White defines it differently, calling it an affirmation of “a corporation’s First Amendment right to spend money on independent speech on political issues, even when that speech criticizes candidates for office” (see January 21, 2010, January 22, 2010, and February 2, 2010). Law professors Tom Goldstein and Jonathan Adler have found some “spin” in Toobin’s account of events (see May 14, 2012), and law professor Richard Hasen has asked that a draft dissent highly critical of the decision and its methodology be made public to shed light on Toobin’s narrative (see May 14-16, 2012). However, White goes significantly further than any of the professors in tarring Toobin’s article, and in some instances Toobin himself. White writes flatly that everyone outside of “Toobin’s base,” presumably meaning liberals who comprise “Chief Justice [John] Roberts’s critics,” is “skeptical” of the article, and cites Goldstein and National Review columnist Ed Whelan (see May 15-17, 2012) as examples of those presumed skeptics who have “poured cold water” on the story. According to White, Toobin “front-load[ed] his story with easily disprovable mischaracterizations of the case” that [e]ven a cursory review of the case’s briefs, and contemporary news coverage, disproves Toobin’s thesis” of Roberts using a narrowly drawn case to revamp and invalidate most of US campaign finance law. White writes that Toobin’s characterization of the narrow focus of the case is wrong: “The First Amendment stakes were well known, and much discussed, in the run-up to oral argument.” He cites the New York Times editorial published at the time of the first arguments, in March 2009 (see March 23, 2009), warning that if the Court ruled in favor of Citizens United, “it would create an enormous loophole in the law and allow corporate money to flood into partisan politics in ways it has not in many decades. It also would seriously erode the disclosure rules for campaign contributions.” He also notes that respected court reporter Lyle Denniston warned before the oral arguments that the Citizens United case threatened to deliver “a sweeping rejection of Congressional authority to regulate campaign spending by corporations.” Toobin himself made some of the same arguments on CNN the day of the arguments, White notes. He calls Toobin’s version of events in the article a “clumsy fictionalization of the case” designed to vilify Roberts. He also questions Toobin’s characterization of the first arguments from Citizens United (CU) lawyer Theodore Olson, going considerably further than either Goldstein or Adler in accusing Toobin of fundamentally misrepresenting Olson’s original, narrowly focused case. According to White, Olson’s opening argument claimed that the restriction being challenged by CU was “unconstitutional as applied to the distribution of Citizens United’s documentary film through video on demand… [it] plainly exceeds Congress’s sharply limited authority to abridge the freedom of speech.” White claims that Olson cited First Amendment grounds in a portion of the arguments not reported by Toobin, and quotes from Olson’s argument; that quote describes Olson’s citation of the 2007 case Wisconsin Right to Life (WRTL—see Mid-2004 and After and June 25, 2007), which indeed used First Amendment grounds for its successful positioning, and quotes Olson as saying the WRTL decision “errs on the side of permitting the speech, not prohibiting the speech.” White accuses Toobin of deliberately misrepresenting Olson’s argument to “advanc[e] his own anti-Roberts narrative.” White is unable to check the accuracy of Toobin’s behind-the-scenes narrative, as Toobin’s sources are not revealed in the article, but White is “skeptical,” writing, “Given Toobin’s inability of accurately handling straightforward, easily confirmable facts, why should anyone take at face value Toobin’s description of the justices’ private discussions, and their draft opinions—especially when Toobin only describes, never quotes, those deliberations or draft opinions?” Like Adler, Toobin questions the ethics of the person or persons at the Court who “leaked” the story to Toobin. [Weekly Standard, 5/17/2012]

Entity Tags: New York Times, Ed Whelan, Adam White, Jeffrey Toobin, Lyle Denniston, John G. Roberts, Jr, Theodore (“Ted”) Olson, Jonathan Adler, Richard L. Hasen, Thomas Goldstein

Timeline Tags: Civil Liberties

The press reports that Harold Hamm, the billionaire CEO of oil firm Continental Resources, gave $985,000 to the “independent” super PAC supporting the presidential campaign of Mitt Romney, Restore Our Future (ROF—see June 23, 2011), three days after he became a Romney campaign advisor. The information comes from financial disclosure forms filed today with the Federal Election Commission (FEC). Hamm gave the Romney campaign the maximum allowed donation of $2,500 in October 2011. He has also contributed $61,600 to the Republican National Committee (RNC). On April 1, 2012, Hamm became the Romney campaign’s top advisor, and made the huge donation to ROF on April 3. NBC reporter Michael Isikoff writes that Hamm’s donation “is a new example of how big super PAC donors can make their policy views heard by the campaigns they are supporting.” Hamm’s contribution was the second largest donation garnered by ROF during April. Hamm’s company is the largest leaseholder of the Bakken, the large shale formation in North Dakota; as a result, Hamm is a strong proponent of the proposed Keystone XL pipeline project and a vocal critic of the Obama administration’s energy policies, particularly the administration’s decision to postpone the Keystone project and its efforts to curb tax breaks for oil exploration. Hamm chairs the Romney campaign’s “Energy Policy Advisory Group,” tasked with creating a new “pro-jobs, pro-market, pro-American” energy agenda, as the campaign has described it. The day Hamm was announced as the advisor for the Romney campaign, he said he was backing Romney in part because he was “acutely aware” of “how outrageously [Obama] has attacked energy producers in particular.” Isikoff writes that Hamm’s donations to ROF “could potentially raise questions about the connections between his donations and his role in shaping campaign policies that might benefit his company.” Neither Romney’s campaign nor Continental Resources will reveal the names of the other members of the Energy Policy Advisory Group, or answer questions about Hamm’s role in the campaign. [MSNBC, 5/21/2012] Two days after the filing, Rebecca Leber of the liberal news Web site Think Progress will write, “Campaigns and super PACs are not legally allowed to coordinate, but in reality many of Romney’s donors have turned to super PACs to escape contribution ceilings” (see January 31, 2012). [Think Progress, 5/23/2012]

Entity Tags: Mitt Romney presidential campaign (2012), Energy Policy Advisory Group, Continental Resources, Federal Election Commission, Michael Isikoff, Republican National Committee, Harold Hamm, Rebecca Leber, Restore Our Future, Obama administration

Timeline Tags: Civil Liberties, 2012 Elections

Senate races are seeing the impact of huge “independent” expenditures that resulted from the 2010 Citizens United decision (see January 21, 2010), and as in so many other instances, Republicans are reaping most of the benefits of these expenditures (see August 2, 2010, April 5, 2010, September 13-16, 2010, September 21 - November 1, 2010, October 2010, Mid-October 2010, October 18, 2010, Around October 27, 2010, October 30, 2010, Mid-November 2010, January 26, 2011 and After, March 2011, (May 4, 2011), May 5, 2011, July 12, 2011, August 4, 2011, October 27, 2011, November 8, 2011, December 1, 2011, January 6, 2012, January 23, 2012, February 6, 2012, February 9, 2012, February 21, 2012, February 21, 2012, February 21, 2012, March 9, 2012, March 26, 2012, Late March 2012, April 13-20, 2012, April 22, 2012, and May 2, 2012). Senator Sherrod Brown (D-OH) and former Governor Tim Kaine (D-VA) are being outspent by more than a 3-1 ratio by their Republican opponents and the third-party groups that support those opponents. Brown and his allies have spent some $2.5 million on television advertising, but are being challenged by an $8 million expenditure by such groups as American Crossroads and Crossroads GPS. Brown says: “These individuals, these billionaires, realize that small numbers of people can have a huge impact. It’s very one-sided. This outside money is bad for the system.” Kaine and his supporters have spent $385,000, but face a $1.9 million expenditure by such groups as the US Chamber of Commerce. Crossroads GPS is airing a series of ads accusing Kaine of having a “reckless” spending record as governor, including turning a $1 billion surplus into an almost-$4 billion shortfall, an assertion fact-checking organizations have declared to be false. In turn, Crossroads GPS spokesperson Jonathan Collegio upped the claim, telling a reporter that Kaine had left office with a $3 trillion shortfall. The Virginia Constitution requires the state to maintain a balanced budget, and factcheckers have said that Kaine balanced budgets during his term. Missouri Republicans are enjoying a $7 million-$2 million disparity in their challenge to Senator Claire McCaskill (D-MO). In Florida, US Representative Connie Mack (R-FL) and his supporters have run almost 6,500 television ads against Senate incumbent Bill Nelson (D-FL) with no response from Nelson’s campaign. One Mack ad accused Nelson of supporting a tax-funded program to research the effects of cocaine on monkeys, a claim factcheckers have found to be false. Another Mack ad attempts to link Nelson to the Obama administration’s health care reform legislation, which Republicans have dubbed “Obamacare,” and says 20 million people will lose medical coverage because of the reform, a claim factcheckers have found to be false. The re-election campaign of President Obama is hoarding resources, expecting to have to combat an onslaught of spending by Republican contender Mitt Romney (R-MA) and his supporters (see Late May 2012), and is thusly contributing little to Congressional races. Advertising executive Ken Goldstein says: “There’s so much oxygen being sucked up by the Obama campaign. Democrats are also not going to have the same kind of money that Republican outside groups are going to have.” Obama campaign manager Jim Messina confirms that the Obama campaign is not prepared to contribute large sums to Congressional contenders, saying: “Our top priority and focus is to secure the electoral votes necessary to re-elect the president. There’s no doubt that Democratic campaigns face a challenging new political landscape with special interests giving unlimited amounts to super PACs.” Scott Reed, a US Chamber of Commerce official who worked on the 1996 Bob Dole presidential campaign, says the sharp disparity in spending will not matter at the end of the campaigns: “It comes out in the wash at the end of the day in the sense that Obama is a ferocious fundraiser-in-chief. There’s no question the pro-business and pro-growth groups are spending early and more aggressively than ever because they recognize the stakes of the election are so high.” [Bloomberg News, 5/29/2012]

Entity Tags: Clarence W. (“Bill”) Nelson, US Chamber of Commerce, American Crossroads, 2012 Obama presidential election campaign, Claire McCaskill, Sherrod Brown, Tim Kaine, Obama administration, Connie Mack, Jim Messina, Scott Reed, Ken Goldstein, American Crossroads GPS, Mitt Romney presidential campaign (2012)

Timeline Tags: Civil Liberties

Retired Supreme Court Justice John Paul Stevens lambasts the Court’s 2010 Citizens United decision (see January 21, 2010), in which he strongly dissented (see May 14, 2012). Stevens has criticized the decision in earlier statements. He continues that trend in a speech given to the Clinton School of Public Service at the University of Arkansas. He agrees with President Obama’s warning that “foreign entities” could bankroll US elections (see January 27-29, 2010 and October 2010), and challenges the Court to prove that such concerns are “not true,” as Justice Samuel Alito famously mouthed during Obama’s speech at the time by reconciling the Court’s finding that the First Amendment “generally prohibits the suppression of political speech based on the speaker’s identity” with its subsequent decision to uphold a ban on campaign spending by non-citizens in Bluman v. Federal Election Commission (see August 8, 2011). Alito’s reaction to Obama’s warning “persuade[s] me that that in due course it will be necessary for the Court to issue an opinion explicitly crafting an exception that will create a crack in the foundation of the Citizens United majority opinion,” Stevens says. In doing so, “it will be necessary to explain why the First Amendment provides greater protection to the campaign speech of some non-voters than to that of other non-voters.” Stevens is referring to corporations and labor unions as “non-voters,” as is the Canadian citizen who filed the Bluman lawsuit. The Bluman case, Stevens says, “unquestionably provided the Court with an appropriate opportunity to explain why the president had misinterpreted the Court’s opinion in Citizens United. [T]he Court instead took the surprising action of simply affirming the district court without comment and without dissent.” Stevens says the two cases pose a legal conundrum—“notwithstanding the broad language used by the majority in Citizens United, it is now settled, albeit unexplained, that the identity of some speakers may provide a legally acceptable basis for restricting speech.” At some point, Stevens says, the Court will have to grapple with the effects of the decision. “I think it is likely that when the Court begins to spell out which categories of non-voters should receive the same protections as the not-for-profit Citizens United advocacy group, it will not only exclude terrorist organizations and foreign agents, but also all corporations owned or controlled by non-citizens, and possibly even those in which non-citizens have a substantial interest. Where that line will actually be drawn will depend on an exercise of judgment by the majority of members of the Court, rather than on any proposition of law identified in the Citizens United majority opinion.” Stevens does not explicitly reference the upcoming Court case where it will have to rule on Montana’s ban on corporate spending (see December 30, 2011 and After, January 4, 2012, February 10-17, 2012, and April 30, 2012), but he says the Court was wrong to overturn a precedent that allows states to bar corporate spending from outside their borders. For states such as Montana with those laws in effect, “those corporate non-voters were comparable to the non-voting foreign corporations that concerned President Obama when he criticized the Citizens United majority opinion.” He says, “If the First Amendment does not protect the right of a graduate of Harvard Law School to spend his own money to support the candidate of his choice simply because his Canadian citizenship deprives him of the right to participate in our elections, the fact that corporations may be owned or controlled by Canadians—indeed, in my judgment, the fact that corporations have no right to vote—should give Congress the power to exclude them from direct participation in the electoral process.” [Huffington Post, 5/30/2012; University of Arkansas Clinton School of Public Service, 5/30/2012 pdf file]

Entity Tags: Samuel Alito, Barack Obama, Citizens United, US Supreme Court, Clinton School of Public Service, John Paul Stevens

Timeline Tags: Civil Liberties

Politico reports that Republican super PACs and other outside groups are coordinating under the leadership of what it calls “a loose network of prominent conservatives, including former Bush political advisor Karl Rove, the oil billionaire Koch brothers, and Tom Donohue of the US Chamber of Commerce,” to spend an unprecedented $1 billion between now and November to help Republicans win control of the White House and Congress. The plans include what Politico calls “previously undisclosed plans for newly aggressive spending by the Koch brothers” (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, October 4, 2011, February 14, 2011, February 29, 2012, and Late March 2012) to organize funding for county-by-county operations in key states, using tools such as the voter database Themis (see April 2010 and After) to build “sophisticated, county-by-county operations in key states.” The Kochs’ organizations have upped their spending plans to $400 million. Just the Kochs’ spending will outstrip the $370 million spent by the 2008 John McCain presidential campaign, and the $1 billion will exceed the $750 million spent by the 2008 Barack Obama campaign. The “independent” super PAC supporting the presidential campaign of Mitt Romney, Restore Our Future (ROF—see June 23, 2011 and January 31, 2012), plans on spending $100 million on the campaign to unseat Obama. American Crossroads and Crossroads GPS, the two Rove-led groups coordinating much of the Republican spending efforts, plan to spend $300 million on efforts to elect Romney and other Republicans (see February 21, 2012). The raised millions will go to, among other things, television, radio, and Web advertising; voter turnout efforts; mail and telephone appeals; and absentee- and early-balloting drives. The $1 billion is entirely “outside” spending. Romney and the Republican National Committee (RNC) intend to raise some $800 million on their own. According to Politico: “The Republican financial plans are unlike anything seen before in American politics. If the GOP groups hit their targets, they likely could outspend their liberal adversaries by at least two-to-one, according to officials involved in the budgeting for outside groups on the right and left.… The consequences of the conservative resurgence in fundraising are profound. If it holds, Romney and his allies will likely outraise and outspend Obama this fall, a once-unthinkable proposition. The surge has increased the urgency of the Democrats’ thus-far futile efforts to blunt the effects of a pair of 2010 federal court rulings—including the Supreme Court’s seminal Citizens United decision (see January 21, 2010)—that opened the floodgates for limitless spending, and prompted Obama to flip-flop on his resistance to super PACs on the left.” The super PAC supporting Obama’s re-election, Priorities USA Action, has not raised anywhere near the amount of money being garnered by Rove and the Koch brothers, partly because of Obama’s initial reluctance to have such groups operating on his behalf (see January 18, 2012). US labor unions may be able to raise some $200 to $400 million on behalf of Obama and other Democrats. The AFL-CIO’s Michael Podhorzer says his organization does not intend to try to match the Republican donor groups, but instead will spend most of its money reaching out to union members and other workers: “Progressives can’t match all the money going into the system right now because of Citizens United, so we have to have a program that empowers the worker movement.” Politico notes that billionaire Sheldon Adelson single-handedly kept the Newt Gingrich (R-GA) primary challenge afloat (see December 1, 2011, December 19, 2011, January 3, 2012, January 6, 2012, January 23, 2012, February 21, 2012, February 21, 2012, March 26, 2012, April 22, 2012, and May 2, 2012), and billionaire Foster Friess (see February 16-17, 2012) was the key funder for Republican primary challenger Rick Santorum (R-PA). Outside money helped “tea party” challengers defeat incumbents like Senator Richard Lugar (R-IN) in the 2012 primaries (see February 21, 2012). “Republicans have taken one big lesson away from campaigns conducted to date in 2011 and 2012,” Politico states: “outside money can be the difference-maker in elections.” [Politico, 5/30/2012]

Entity Tags: Foster Friess, Sheldon Adelson, Tom Donohue, American Crossroads GPS, American Crossroads, David Koch, Richard Lugar, Rick Santorum, Republican National Committee, Karl C. Rove, Michael Podhorzer, Newt Gingrich, Priorities USA Action, Charles Koch, Politico, Restore Our Future

Timeline Tags: Civil Liberties, 2012 Elections

Data analysis by the liberal news magazine Mother Jones for campaign fundraising in the presidential campaigns has the Republicans and their supporters outraising and outspending Democrats almost across the board. Super PACs continue to lead in money raised and spent; Republicans outraised Democrats by a 7.7:1 ratio. These third-party “independent” groups (see March 26, 2010) have raised $218 million between them. President Obama has outraised challenger Mitt Romney (R-MA) by over two to one, $217.1 million to $97.9 million. But super PACs operating on Romney’s behalf have more than closed that gap. Two ads released almost simultaneously by the Romney campaign and the super PAC American Crossroads in recent days criticize Obama on the same grounds, both criticizing federal investments in energy companies like Solyndra. A similar pattern has recently been observed when the Obama campaign and his super PAC Priorities USA recently released television ads during the same time period. Mother Jones observes, “It’s illegal for candidates and super PACs to coordinate their messages, but even if they did, the fines would likely be negligible, and the Federal Election Commission can’t even agree on what exactly defines ‘coordination.’” [Center for Responsive Politics, 2012; Mother Jones, 6/1/2012]

Entity Tags: Mother Jones, Mitt Romney presidential campaign (2012), 2012 Obama presidential election campaign, American Crossroads

Timeline Tags: Civil Liberties, 2012 Elections

YG Network logo.YG Network logo. [Source: BizPacReview]The YG Network, a Republican political organization nicknamed the “Young Guns,” tells Republican House members that if they vote for specific House proposals, they will be rewarded by advertisements on their behalf to be paid for by YG. The organization is run by former aides to House Majority Leader Eric Cantor (R-VA), but denies having any ties to the lawmaker. Congressional leaders such as Cantor are not permitted to offer anything in exchange for a vote. YG is launching a radio advertising campaign that will run ads praising Republican House members who voted with Cantor to repeal a tax on medical devices, and advises those members to “keep voting to stop tax increases arriving next year,” referring to a group of tax rates that will expire at the end of 2012. An aide says the YG Network is trying to “leverage the floor schedule and votes scheduled by Cantor to help members at home.” According to Politico, “[i]f a [Republican House] member—specifically, an ally of Cantor and Majority Whip Kevin McCarthy (R-CA)—votes for a leadership priority, they can look forward to an ad in their district.” The aide says that YG hopes the effort becomes “another tool in the belt to call attention to members and help encourage cohesion on difficult-to-whip votes.” YG advisor Brad Dayspring explains: “For too long, a lot of the good legislation that the House has passed has gone unnoticed because [Senate Democrats] have sat on [their] hands for a year and a half. Too often, the only outside group activity occurring back in districts comes in the form of an attack against new conservative lawmakers. The YG Network hopes to change the conversation by highlighting the positive work that the new generation of conservatives have done, calling attention to legislative votes that would help create jobs, remove the red tape weighing down small business, and to repeal ‘Obamacare.’” A number of “Young Guns” legislators will receive radio ads on their behalf. [Politico, 6/10/2012] Paul Ryan of the Campaign Legal Center says that what YG is doing is probably legal, but, he adds, “many would characterize the way Washington politics has long worked as ‘legalized bribery.’” The Supreme Court’s 2010 Citizens United ruling (see January 21, 2010) is what makes activities like this possible, he says: “When you allow unlimited special interest money in politics, this type of behavior should be expected. Criticism is fair, but nevertheless, it’s predictable. This is the world that this Supreme Court majority has given us with the Citizens United decision. It’s troubling, but entirely predictable. Even more troubling is the likelihood of conversations behind closed doors—threats of huge corporate-funded independent spending campaigns made [for those who don’t act in the corporation’s interest on a given piece of legislation]. And much of it, we will never hear about.” Ryan warns that he expects lobbyists to meet with legislators and say, “you saw what we did to so-and-so,” referring to a lawmaker who did not behave in the interest of the lobbyist’s client. Ryan says the lobbyist will ask, “Do you want that to happen to you?” [Think Progress, 6/11/2012]

Entity Tags: Brad Dayspring, YG Network, Kevin McCarthy, Paul S. Ryan, Eric Cantor

Timeline Tags: Civil Liberties, 2012 Elections

Without comment, the US Supreme Court refuses to consider an appeal challenging President Obama’s US citizenship and his eligibility to serve as commander in chief. The appeal was filed as part of an ongoing lawsuit by Alan Keyes (see November 12, 2008 and After), Wiley Drake, and Markham Robinson. By refusing to hear the appeal, the Supreme Court affirms a decision by the 9th US Circuit Court that found Keyes, Drake, and Robinson lacked the legal standing to file such a claim. The three allege that Obama was born in Kenya (see October 16, 2008 and After, Around November 26, 2008, Around November 26, 2008, August 1-4, 2009, and August 4, 2009), and therefore is not a natural-born US citizen. They also allege that Obama’s Hawaiian birth certificate (see June 13, 2008 and April 27, 2011) is a forgery (see July 20, 2008, August 15, 2008, August 21, 2008, July 1, 2009, January 18, 2011, April 20, 2011, and April 27, 2011), despite repeated verifications by Hawaiian officials (see October 30, 2008, July 28, 2009, December 24, 2010, and April 11, 2011). Keyes and Drake ran against Obama in 2008 on the far-right American Independent Party ticket. Robinson is the party’s chairman. [Associated Press, 6/11/2012]

Entity Tags: Barack Obama, Alan Keyes, Wiley S. Drake, Markham Robinson, US Supreme Court

Timeline Tags: Domestic Propaganda

Rolling Stone magazine reports that despite no evidence of voter fraud except in extremely isolated incidents, Republicans in over a dozen states are passing laws that disenfranchise voters under the guise of “protecting the vote” (see August 30, 2011). The voters most affected by these laws, the magazine reports, are more likely to vote Democratic in national and state elections. Governor Rick Scott (R-FL), who is fighting the Justice Department to allow him to purge hundreds of thousands of voters from the state electoral rolls, has said: “We need to have fair elections. When you go out to vote, you want to make sure that the other individuals that are voting have a right to vote.” However, a 2007 study by the Brennan Center for Justice at New York University School of Law shows that almost every allegation of voter fraud is false. The chance of a vote being fraudulent, according to the study, is 0.0004 percent (see 2007).
Double Voting - Many claim that “double voting,” or a single voter casting a vote twice or more, is a rampant issue. In reality, it almost never occurs. The allegations that are made almost always result from different people with similar or even identical names casting separate votes, or simple clerical errors, such as voters being counted as having cast their ballots when in reality they did not. In Missouri in 2000 and again in 2002, hundreds of “double votes” were alleged to have been cast, with some allegations saying that the same voter cast their votes in Kansas and Missouri. When reporters and other investigators looked into the claims, only four cases were shown to have been actual double voting, for a documented fraud rate of 0.0003 percent.
Dead Voters - These are allegations that living people cast ballots using the names of dead voters. Almost every allegation of this nature has proven to stem from flawed matches of death records and voter rolls. In the 2000 Georgia elections, allegations of 5,412 “dead voter” votes were made over the last 20 years. All but one of those allegations turned out to be an incorrect match between death records and voter rolls. One example: “Alan J. Mandel,” who died in 1997, apparently cast a vote in 1998. In reality, voter Alan J. Mandell—two Ls—cast a legitimate vote. Election workers checked the wrong name off their list.
Voting with Fraudulent Addresses - The allegation is that people use fraudulent addresses to register to vote. Such allegations usually stem from mail coming back from the given address marked undeliverable. In almost every instance, the person in question has moved, the individual piece of mail was misdelivered or misaddressed, or the address is recorded incorrectly. In one instance, New Hampshire election officials became concerned when 88 voters had registered to vote using similar addresses from property belonging to Daniel Webster College. The addressees were legitimate: all 88 voters were students at that school who lived on college property.
Voting by Convicted Felons - This is a favorite allegation: that convicted felons stripped of their right to vote have voted anyway. It happens more often than some other forms of alleged voter fraud, but in almost every case, the felon in question was unaware that his or her right to vote had been taken away, a misapprehension often reinforced by misinformed election officials. Even then, almost every instance of “felon voters” turns out to be a case of clerical error: someone was convicted of a crime that does not result in their right to vote being removed, typographical errors, voters with names similar to that of convicted felons, and so forth. In the 2000 Florida elections, the state claimed that 5,643 ineligible felons had cast illegal votes. The list provided by the state was almost completely populated by eligible voters who were misidentified as ineligible felons.
Voting by Noncitizens - Allegations that US elections are being “thrown” by huge numbers of illegal immigrants casting their votes are widespread. In reality, there is not one case of an illegal immigrant intentionally casting an illicit vote. For example, Washington state officials investigated the citizenship of 1,668 registered voters in 2005, after allegations that they were illegal aliens were raised based on their “foreign-sounding names.” Every one of the voters on the list was legitimate.
Registration Fraud - On occasion, fraudulent registration forms do get submitted. However, the number of cases where a person submitted a form in someone else’s name in order to impersonate that person is extremely small. Some people fill out the forms with deliberately ridiculous information (such as claiming their name to be “Mickey Mouse”), while others make honest mistakes filling out the forms. In a few cases, voter registration workers working on commission have committed fraud in order to make more money. The Brennan Center report found: “Most reports of registration fraud do not actually claim that the fraud happens so that ineligible people can vote at the polls. Indeed, we are aware of no recent substantiated case in which registration fraud has resulted in fraudulent votes being cast.”
Voting by Dogs - The Brennan Center found nine instances of people registering their dogs to vote. Six of those were from people trying to prove a point: that they could register their dogs to vote. (The penalty for registering a dog to vote is up to 30 years in federal prison.) The Brennan report documented two cases of someone casting a vote in the name of a dog. One was submitted in Venice, California, with the word “VOID” and a paw print drawn on the ballot, and another, also cast in Venice, California, was submitted under the name of “Raku Bowman.”
Vote Buying - Rolling Stone notes that this does happen on rare occasions, with campaign officials or others convincing voters to vote for a particular candidate in return for money, food, or cigarettes. But, the magazine notes, this is vote buying, not voter fraud. It, too, is illegal, and will not be curbed by voter ID laws and the like.
Fraud by Election Officials - Like vote buying, this happens on rare occasions, but is not voter fraud per se. Rolling Stone writes, “If election officials are willing to break the law, rules designed to restrict voting won’t stop them.” [Rolling Stone, 6/12/2012]

Entity Tags: US Department of Justice, Brennan Center for Justice, Rolling Stone, Rick Scott

Timeline Tags: Civil Liberties, 2012 Elections

Sheldon Adelson and his wife Miriam have given $10 million to the super PAC supporting presumptive Republican presidential nominee Mitt Romney, and a source close to Adelson says the billionaire’s further donations will be “limitless.” Adelson owns a global network of casinos, including the Las Vegas Sands and a consortium of casinos on the Chinese island of Macau. Adelson, one of the world’s 15 richest people, once supported Republican presidential candidate Newt Gingrich, donating over $21 million to Gingrich’s failed candidacy, and said he was willing to give up to $100 million to keep Gingrich’s candidacy viable. Forbes reporter Steven Bertoni says that Adelson may be willing to give hundreds of millions to the Romney election effort (see March 26, 2012). “[N]o price is too high” to defeat President Obama’s re-election, says the source close to Adelson. Obama is presiding over what Adelson calls the “socialization” of America, and the source says Adelson considers this the most important election of his lifetime. Because of the Citizens United decision (see January 21, 2010), Adelson faces no restrictions whatsoever on the amount of money he can donate to super PACs supporting Romney. The current recipient of Adelson’s largesse is Romney’s campaign super PAC, Restore Our Future. (To give context, Bertoni writes, “The $10 million donation he just made to Romney is equivalent to $40 for an American family with a net worth of $100,000.” He also notes that Adelson has seen his personal and business profits soar during the Obama administration.) Adelson says: “I’m against very wealthy people attempting to or influencing elections. But as long as it’s doable I’m going to do it. Because I know that guys like [billionaire George] Soros have been doing it for years, if not decades. And they stay below the radar by creating a network of corporations to funnel their money (see January - November 2004). I have my own philosophy and I’m not ashamed of it.” Adelson’s primary cause is the security of Israel and its right-wing government. Adelson is also firmly against the Obama administration’s economic policies, telling Bertoni: “What scares me is the continuation of the socialist-style economy we’ve been experiencing for almost four years. That scares me because the redistribution of wealth is the path to more socialism, and to more of the government controlling people’s lives. What scares me is the lack of accountability that people would prefer to experience, just let the government take care of everything and I’ll go fish or I won’t work, etc. US domestic politics is very important to me because I see that the things that made this country great are now being relegated into duplicating that which is making other countries less great.… I’m afraid of the trend where more and more people have the tendency to want to be given instead of wanting to give. People are less willing to share. There are fewer philanthropists being grown and there are greater expectations of the government. I believe that people will come to their senses and not extend the current administration’s quest to socialize this country. It won’t be a socialist democracy because it won’t be a democracy.” [Forbes, 6/13/2012; Huffington Post, 6/16/2012]

Entity Tags: Restore Our Future, George Soros, Barack Obama, Miriam Adelson, Obama administration, Steven Bertoni, Newt Gingrich, Willard Mitt Romney, Sheldon Adelson

Timeline Tags: Civil Liberties, 2012 Elections

Former Senator Russ Feingold (D-WI) writes an article for the Stanford Law Review discussing the dominance of “big money” in the nation’s elections in the wake of the 2010 Citizens United decision (see January 21, 2010), documenting his belief that the rise in small-donor contributions that put Democrats in office in 2006 and 2008 led to the Citizens United backlash, and calling for sweeping campaign finance reform. Feingold writes, “Without a significant change in how our campaign finance system regulates the influence of corporations, the American election process, and even the Supreme Court itself, face a more durable, long-term crisis of legitimacy.” Feingold heads Progressives United, an advocacy group that pushes for the overturning of the Citizens United decision and campaign finance legislation.
Background - Feingold gives the background of campaign finance reform in America: the 1907 Tillman Act which banned corporations from spending their money in elections (see 1907), which he says was spurred by the realization that “corporate influence corrupts elections”; the Taft-Hartley Act of 1947, which extended the Tillman ban to labor unions (see June 23, 1947); and more recent legislation, including the Bipartisan Campaign Reform Act of 2002 (BCRA—see March 27, 2002), which Feingold co-authored with Senator John McCain (R-AZ). “And for several election cycles, between 2004 and 2008, our system seemed headed towards more fair and transparent elections,” he writes. “But Citizens United changed everything.” The “road to corruption” in modern elections, he says, began when Democrats in the early 1990s began exploiting a loophole in finance regulation that allowed the creation of “soft money” groups (see January 8, 1980, November 28, 1984, December 15, 1986, and December 10, 2003) that allowed parties to solicit unlimited amounts of donations from corporations, labor unions, and individuals. “This system was corrupting,” Feingold writes. “Senators would solicit gigantic, unregulated contributions from the same corporations that had legislation pending on the Senate floor. Both parties were guilty.” The BCRA plugged the “soft money” loophole. Even as the BCRA began to reform campaign finance practices, Feingold writes, “the same corporate interests that fought McCain-Feingold set to work to dismantle it. In what was clearly an orchestrated effort by opponents of campaign reform (see January 25, 2010), a group called Citizens United produced a movie savaging the record of then-Senator Clinton (see January 10-16, 2008). Ostensibly intended to educate the public about conservative concerns regarding Clinton’s run for the presidency, the film was little more than a legal vehicle to challenge some of the common-sense restrictions enacted by the BCRA (see January 10-16, 2008, March 24, 2008, March 15, 2009, June 29, 2009, and September 9, 2009). Specifically, the creators of the film sought to challenge the BCRA’s requirement that electioneering communications—commonly known as ‘phony issue ads’ that attack a candidate in the days before the election, but don’t explicitly advocate voting for or against that candidate—be subject to the same disclosure requirements and contribution limits as other campaign ads.” The case was argued on narrow grounds about a specific provision of the BCRA, but the Court’s conservative justices, led by Chief Justice John Roberts, “manipulated the Court’s process to achieve that result” (see May 14, 2012). Justice John Paul Stevens wrote in his dissent to the majority opinion, “[F]ive justices were unhappy with the limited nature of the case before us, so they changed the case to give themselves an opportunity to change the law.” The ruling, Feingold writes, “created a framework for corruption parallel to ‘soft money.’” Instead of “soft money” organizations, Citizens United led to the creation of the “super PAC” (see March 26, 2010, June 23, 2011, November 23, 2011, January 4, 2012, January 4, 2012, January 13, 2012, and February 20, 2012). It has also called into doubt the legitimacy of US elections themselves, due to the “increasing skepticism about the campaign finance system.” Many voters now believe “that the average participant’s small contribution is irrelevant, and that the average person’s vote is grossly outweighed by the gigantic contributions now allowed.”
Internet Politics and Small-Donor Contributions - In part due to the BCRA, Feingold writes, “[f]or three election cycles, in 2004, 2006, and 2008, our system of campaign financing began to take shape in a way that channeled citizen participation and provided incentive for candidates to turn to the democratic support of online activists and small-dollar contributors.” He cites the 2004 presidential campaign of Howard Dean (D-VT), who went on to chair the Democratic National Committee (DNC), as the first powerful instance of “online organizing,” using the Internet to garner millions of dollars in small donations from individual citizens. In 2008, the presidential campaign of Barack Obama (D-IL) pushed the Dean innovation even further. The Obama campaign “raised a historic amount in small-dollar contributions,” Feingold writes, and created an online platform to engage supporters. All told, the Obama campaign raised $500 million online.
An Ineffective FEC - By 2008, he writes, the Federal Election Commission (FEC) was completely impotent. The agency “has been fatally flawed since the time of its creation—any administrative law professor will point out that a law enforcement commission with an even number of commissioners [six] is probably designed specifically not to enforce the law at all,” he writes. By 2008, the FEC only had two seated commissioners, and in effect was not enforcing campaign laws whatsoever. Even after eventually receiving a full complement of commissioners, he writes, the agency “remains ineffective, as even Democratic violators go unpunished as conservative commissioners remain unwilling, philosophically, to enforce any campaign finance law.”
2012: Corporations Trump Citizens - In 2012, corporate contributions far outweigh small-dollar donations by individuals. “[T]he most prominent actors in the 2012 election cycle are unnamed corporations and a small group of influential—primarily conservative—billionaires.” Seventy percent of registered voters think super PACs should be illegal, according to polls, and the favorability rating of the Court has dropped a significant amount. Overall, Feingold writes, the public is firmly against the Citizens United paradigm of campaign finance. He advocates strong legislation from Congress, fixing the “broken system of presidential public financing,” and replacing the “dysfunctional” FEC “with a true enforcement agency.” The ultimate repair of campaign finance lies with the Court, he says, noting that the Court has a chance to do some early repair with the Montana case it is now considering (see June 25, 2012). Regardless of what the Court does or does not do in the Montana case, he concludes, “[t]oday’s framework for corruption cannot stand.” [Stanford Law Review, 6/14/2012]

Entity Tags: Howard Dean, Bipartisan Campaign Reform Act of 2002, Barack Obama, Citizens United, Hillary Clinton, Russell D. Feingold, Federal Election Commission, John McCain, John G. Roberts, Jr, Stanford Law Review, John Paul Stevens

Timeline Tags: Civil Liberties

Politico reporters Kenneth P. Vogel and Tarini Parti report on the difficulty of getting solid information about the donors being organized by the billionaire Koch brothers. Oil magnates Charles and David Koch (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011) intend to raise at least $400 million to defeat President Obama in the 2012 election (see Late May 2012), and to ensure victory for Republicans in state and local races around the nation (see February 21, 2012). Vogel and Parti call the Koch political operation “its own political party,” almost, even going so far as to hold its own semi-annual conventions, including one scheduled for late June in San Diego. That convention will bring together dozens of millionaire and billionaire conservatives, who will write big checks for the Koch efforts. Additionally, the Kochs will unveil their new voter database, Themis (see April 2010 and After), which they expect will help in targeting potential Republican voters around the country. Themis played a big part in a recent successful effort to stop Governor Scott Walker (R-WI) from being recalled, as did huge amounts of Koch-organized donations on behalf of Walker. Three of the prime figures in the Koch efforts are convention “emcee” Kevin Gentry and political operatives Marc Short and Tim Phillips (see May 29, 2009); the operation is orchestrated primarily by Koch advisor and operative Richard Fink. Additionally, the Koch brothers intend to take over the Cato Institute think tank (see February 29, 2012) and make it more politically active. Minnesota television station owner Stanley Hubbard, a longtime Koch supporter, says: “They ask for support—and they get it because we all love our country and we have a different vision than do the liberals. I’ve gotten friends to be involved, and I think others have, too, so I would guess, yes, that’s expanding.” Vogel and Parti expand on how secretive the Koch network (which they call “Koch World”) actually is. They are unable to find out where the San Diego convention is to be held, though they did determine that it is scheduled to take place over the weekend of June 23. A Republican who has worked with Koch-backed groups says: “The Koch groups are very complex in the way they do things. They’re difficult to penetrate from the outside, which is smart. You often need a Sherpa.” The conventions are heavily patrolled by hired security guards, who at one recent convention threw out a Politico reporter under threat of arrest. Participants are required not to discuss the convention with outsiders, including making posts on Facebook or Web blogs. (The winter 2011 convention in Rancho Mirage, California, leaked to the press, sparking what Politico calls “raucous protests” outside the exclusive resort hosting the conference.) According to Vogel and Parti, Phillips runs the lobbying organization Americans for Prosperity (AFP—see Late 2004 and November 2009). Short oversees the spending of Koch network monies by other approved groups, some of which air television ads attacking Democrats. Gentry raises money for the Koch network. Gentry often uses urgent and even apocalyptic rhetoric in his fundraising appeals, warning potential donors of “dangerous and imminent threats” to American society and comparing the Koch conventions to the Continental Congress of 1776. One recent email lauded efforts by Supreme Court Justice Clarence Thomas to help the Koch brothers’ fundraising. Gentry also spearheads the fundraising efforts for an informal network of conservative think tanks such as the Heritage Foundation, AFP, and the Texas Public Policy Foundation. Some conservatives are uncomfortable with the Koch brothers’ attempts to gain dominance in conservative party politics. “Koch has been angling for the last three or four years to consolidate more of the conservative movement within their network,” says one conservative operative. “That’s why they do these seminars—to try to consolidate more big donors’ money and direct it into their projects.” The operative admits that the Koch fundraising efforts are very effective, saying, “Some of the donors believe giving to one source makes it easier for them instead of having to give to a dozen different places, and others just want to come out to hang with the billionaire brothers and be part of a very elite universe.” Koch conventions regularly feature prominent conservatives like Thomas and fellow Supreme Court Justice Antonin Scalia, Texas Governor Rick Perry, New Jersey Governor Chris Christie, Virginia Governor Bob McConnell, House Majority Leader Eric Cantor (R-VA), and right-wing radio hosts Rush Limbaugh and Glenn Beck. While federal documents track some $120 million in donations from recent Koch summit donors, most of the money raised and spent goes untracked, instead being hidden away by “nonprofit” groups that purport to be non-political social advocacy groups. Gentry has assured donors, “There is anonymity that we can protect.” [Politico, 6/15/2012]

Entity Tags: Cato Institute, Stanley Hubbard, Scott Kevin Walker, Tarini Parti, Texas Public Policy Foundation, Themis, Tim Phillips, Rush Limbaugh, Americans for Prosperity, Antonin Scalia, Bob McConnell, Richard Fink, Marc Short, Clarence Thomas, Christopher J. (“Chris”) Christie, Charles Koch, Politico, Eric Cantor, David Koch, Heritage Foundation, Barack Obama, Kenneth Vogel, James Richard (“Rick”) Perry, Kevin Gentry, Glenn Beck

Timeline Tags: Civil Liberties

Casino billionaire Sheldon Adelson, one of the world’s 15 richest people, is on course to contribute at least $71 million to efforts to unseat President Obama in the November presidential elections and elect Republicans to national and state office (see February 21, 2012). Adelson’s contributions are cloaked in secrecy, as much of his contributions go to “nonprofit” political organizations that under the law do not have to disclose their donors. Adelson and his wife Miriam have already contributed $10 million to a “super PAC” backing Republican presidential candidate Mitt Romney (see June 13, 2012), and have either given or pledged to give up to $35 million to other organizations, including Crossroads GPS, a “nonprofit” organization led by former George W. Bush advisor and longtime Adelson friend Karl Rove, the Koch-financed Americans for Prosperity (AFP—see Late 2004, May 29, 2009, and November 2009), and another organization linked to House Majority Leader Eric Cantor (R-VA). Adelson is a strong supporter of Israel’s far-right government and a staunch opponent of US labor unions. Adelson has told friends that he may give up to $100 million in efforts to unseat Obama and elect Republicans in state races; indications are that he may give much, much more. Some of Adelson’s donations may go to another Koch-funded organization, the Center to Protect Patients’ Rights, which in 2010 was used to funnel tens of millions of dollars to other conservative organizations (see October 12, 2010). The Young Guns Network is a nonprofit group set up by Cantor, and has received $5 million from Adelson (see June 10, 2012). So has the “super PAC” the Congressional Leadership Fund, a group linked to House Speaker John Boehner (R-OH). Adelson’s Las Vegas casino The Sands is under investigation by the Securities and Exchange Commission (SEC) and the Justice Department for possible violations of the Foreign Corrupt Practices Act, which exists to prevent bribery of foreign business officials. The Sands denies any wrongdoing. Adelson previously backed Romney’s opponent Newt Gingrich (R-GA), but as Gingrich’s hopes for the presidential nomination faded, Adelson indicated that he would shift his support to Romney. Adelson has told GOP colleagues he intends to make most of his contributions to nonprofits like Crossroads GPS, which are not required to make the names of their donors, or the amounts of their donations, public. Although the law bars candidates like Romney from soliciting donations exceeding $5,000, Republican fundraisers say that candidates and their representatives have flocked to Adelson in recent months, as have representatives from organizations such as the US Chamber of Commerce, which intends to spend $50 million in efforts to elect Republicans to Congress. The nonprofit Republican Jewish Coalition has received millions from Adelson in the past, and says it intends to spend some $5 million this year on behalf of candidates such as Josh Mandel (R-OH), running to unseat Senator Sherrod Brown (D-OH). Adelson also donated $250,000 to help turn back efforts to recall Governor Scott Walker (R-WI) and $250,000 to a political committee backing Governor Rick Scott (R-FL), who is battling the Justice Department to be allowed to purge hundreds of thousands of minority voters from the voting rolls. [Huffington Post, 6/16/2012] In March 2012, 80 billionaires such as Adelson gave two-thirds of the monies raised by super PACs, creating an outsized influence on the presidential and “downticket” election campaigns (see March 26, 2012).

Entity Tags: Congressional Leadership Fund, US Chamber of Commerce, US Department of Justice, US Securities and Exchange Commission, Willard Mitt Romney, Young Guns Network, Center to Protect Patients’ Rights, American Crossroads GPS, Americans for Prosperity, Sherrod Brown, The Sands, Barack Obama, Josh Mandel, John Boehner, Eric Cantor, Sheldon Adelson, Scott Kevin Walker, Miriam Adelson, Rick Scott, Republican Jewish Coalition, Newt Gingrich, Karl C. Rove

Timeline Tags: Civil Liberties

Black Rock Group logo.Black Rock Group logo. [Source: Black Rock Group]The 2010 Citizens United decision (see January 21, 2010) requires third-party groups working on behalf of candidates or parties not to coordinate their efforts with those candidates or parties—to remain “independent.” Many political observers have suspected that some of these groups are coordinating their efforts with the campaigns and/or with one another. Two of the groups under suspicion are American Crossroads, a super PAC, and Crossroads GPS. The two groups share the same president (Steven Law), the same spokesperson, the same staffers, and the same mailing address. Together, the two have raised $100 million for the 2012 election cycle and have already run millions of dollars of television ads (see April 13-20, 2012). In early June, Crossroads GPS spent $70,000 in advertisements attacking Democratic Senate candidate Heidi Heitkamp (D-ND), half of its $140,000 spent on that race. Shortly before that run of advertisements began, Heitkamp’s Republican challenger, Rick Berg (R-ND), paid the Black Rock Group, a Republican consulting firm in Virginia, thousands of dollars for “communications consulting.” Black Rock is also contracted to perform “advocacy and communications consulting” for American Crossroads. Black Rock’s founding partner, Carl Forti, is American Crossroads’s political director and formerly served as Crossroads GPS’s advocacy director. (Forti also helped start Restore Our Future, presidential candidate Mitt Romney’s super PAC—see June 23, 2011). Black Rock partner Michael Dubke is the founder of Crossroads Media, which buys ads for American Crossroads and Crossroads GPS. Crossroads Media and Black Rock share offices. It would be illegal for Berg’s campaign to consult or coordinate with Crossroads GPS on advertisement strategies. It would not be illegal for Berg’s campaign to consult with Black Rock, and then for Black Rock to consult with Crossroads GPS. “The real scandal is what’s legal,” says Paul Ryan of the Campaign Legal Center. The Citizens United ruling said that groups would disclose their donors and activists, and groups would not coordinate with one another. Yet both provisions are either being ignored or dodged. Fred Wertheimer of Democracy 21 says: “The statu[t]e and the Supreme Court have been very strong on preventing coordination. But the FEC regulations have basically gutted the laws and given us very weak laws to prevent coordination between outside spenders and candidates… despite the fact that the Court’s entire decision in Citizens United is based on the notion that the expenditures are going to be entirely independent from the campaign.” Bill Allison of the Sunlight Foundation says, “[T]he FEC [Federal Election Commission] has a very narrow definition of what coordination actually is.” As long as a campaign and an outside group do not directly communicate, their use of a “common vendor” such as Black Rock is perfectly legal as long as several specific criteria are avoided. “It kind of boggles the mind, but that’s what the FEC has defined and there’s nothing illegal about it.” Ryan says: “It makes the coordination rules pretty meaningless. We have all of this special interest money that we feared might be in the system, and none of the meaningful restraints on coordination, and very limited disclosure.” Allison gives a hypothetical example: “If they’re using the same people to buy ads, and the campaign is telling the ad buyer, ‘We want you to buy ads in such and such and such,’ and the ad buyer does that, the super PAC can then say, ‘Well, run ads where they’re not running ads, or double their ads,’ or whatever. These guys are professionals and they know how to do this. That’s still not coordination.” There is no evidence that Black Rock is ferrying communications between Crossroads GPS and the Berg campaign; according to Black Rock spokesperson Chelsea Wilson, “Black Rock has had firewalls in place since last year which allows the firm to legally engage in federal campaign and independent expenditure or issue advocacy campaigns.” Crossroads GPS is not legally bound to disclose much of its information to the FEC, and it is impossible to know precisely what Crossroads GPS is paying Black Rock to do for it. The Berg campaign denies any coordination, saying in a statement: “While we do work with Black Rock, there is no coordination between our campaign and outside groups and we have no knowledge of what their plans are. We cannot control what outside groups will do.” Allison says that even if Berg’s campaign is being truthful, there are many ways campaigns and outside groups can legally coordinate, using a common advisor such as Black Rock or even individual consultants. “There can be coordination at the level of consultants, even if they’re not at same company,” he says, noting that many consultants know one another socially or have worked together in previous campaigns. It is also possible, and legal, for super PACs to find out where campaigns they are supporting are buying ads by contacting the campaigns of the opposing candidates, which keep track of such information. Forti, the CEO of Black Rock, is in a unique position to facilitate what reporter Alex Seitz-Wald calls “GOP non-coordination coordination,” as he “sits in the middle of a powerful nexus of outside spending groups and GOP political firms all run out of the same office suite in Alexandria, Virginia.” Charles Spies, the treasure of Romney’s Restore Our Future, says of Forti, “I don’t know of anybody who’s got as important of a role with the major outside organizations, both in 2010 and in 2012.” [Salon, 6/19/2012]

Entity Tags: Charles R. Spies, Bill Allison, American Crossroads GPS, American Crossroads, Alex Seitz-Wald, Carl Forti, Rick Berg, Steven Law, Paul S. Ryan, Chelsea Wilson, Crossroads Media, Fred Wertheimer, Black Rock Group, Michael Dubke, Restore Our Future, Heidi Heitkamp

Timeline Tags: Civil Liberties, 2012 Elections

According to a poll just released by Dartmouth professor Benjamin Valentino, 63 percent of self-identified Republicans still believe that Iraq under Saddam Hussein possessed weapons of mass destruction when the US invaded in March 2003 (see March 19, 2003). Twenty-seven percent of self-identified independents and 15 percent of self-identified Democrats hold that view. The question was: “Do you believe that the following statement is true or not true? ‘Iraq had weapons of mass destruction when the United States invaded in 2003.’” Reporter Dan Froomkin, commenting on the poll results, writes: “The Bush administration’s insistence that the Iraqi government had weapons of mass destruction and might give them to terrorists was a key selling point in its campaign to take the country to war (see September 30, 2001, 2002-2003, July 30, 2002, August 26, 2002, September 4, 2002, September 8, 2002, September 8, 2002, September 12, 2002, September 12, 2002, October 7, 2002, December 12, 2002, January 2003, January 9, 2003, 9:01 pm January 28, 2003, February 5, 2003, February 8, 2003, March 16-19, 2003, March 21, 2003, March 22, 2003, March 22, 2003, March 23, 2003, March 24, 2003, March 30, 2003, Late March 2003 and After, April 10, 2003, April 20, 2003, Between April 20, 2003 and April 30, 2003, May 28, 2003, May 29, 2003, June 2003, June 1, 2003, June 3, 2003, June 9, 2003, June 11, 2003, July 31, 2003, September 14, 2003, January 22, 2004, and March 24, 2004). It turned out to be untrue.… There is no reality-based argument that Iraq actually had WMD, after extensive searches found none (see 2002-March 2003, 2002, Mid-January 2002, March 22, 2002, May 2002-September 2002, September 2002, Late September 2002, September 24, 2002, September 28, 2002, Before October 7, 2002, December 2002, End of December 2002, December 3, 2002, January 9, 2003, January 28-29, 2003, February 20, 2003, March 7, 2003, March 8, 2003, May 4, 2003, May 25, 2003, May 30, 2003, June 2003, Early June 2003-Mid-June 2003, Between June 3, 2003 and June 17, 2003, Mid-June 2003, Early July 2003, July 11, 2003, July 20, 2003, July 29, 2003, July 30, 2003, August 16, 2003, October 2, 2003, October 2003, November 2, 2003, December 2003, December 2003, December 17, 2003, Mid-January 2004, January 20, 2004, January 23, 2004, January 27, 2004, January 28, 2004, February 8, 2004, and July 9, 2004), but this is hardly the first time many Americans have been certain of something that simply wasn’t true” (see May 14, 2003-May 18, 2003). The 65-question poll was conducted by YouGov from April 26 through May 2, 2012, and surveyed 1,056 respondents. It has a margin of error of plus/minus 3.18 percent. [Valentino, 6/20/2012 pdf file; Jim Lobe, 6/20/2012; Huffington Post, 6/21/2012]

Entity Tags: Dan Froomkin, Saddam Hussein, Benjamin Valentino

Timeline Tags: Iraq under US Occupation

Casino billionaire Sheldon Adelson gives $10 million to the billionaire Koch brothers, joining them in their efforts to defeat President Obama in the November presidential elections. Charles and David Koch (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, October 4, 2011, February 14, 2011, February 29, 2012, Late March 2012, and June 15, 2012) are planning to spend some $400 million to elect Republican candidate Mitt Romney (R-MA) and defeat Obama. The information about Adelson’s donation comes from a Republican Party source in Nevada. Adelson makes his pledge at a Koch donor convention in San Diego, the first time he has attended a Koch-sponsored political event. He has already given $10 million to a Romney “super PAC” (see June 13, 2012), $10 million to a “super PAC” operated by former Bush White House advisor Karl Rove, and $10 million to two groups backing Republican House candidates (see Mid-June, 2012). The Kochs are the driving force behind the “astroturf” organization Americans for Prosperity (AFP—see Late 2004, May 29, 2009, and November 2009), which has spent millions of dollars on advertisements attacking Obama and other Democrats. The Kochs are also funding Themis, a voter information database (see April 2010 and After). Koch funding extends well into state and even local elections. [Huffington Post, 6/16/2012; Washington Post, 6/29/2012]

Entity Tags: Sheldon Adelson, Barack Obama, Charles Koch, Willard Mitt Romney, David Koch, Karl C. Rove

Timeline Tags: Civil Liberties, 2012 Elections

Mike Turzai.Mike Turzai. [Source: Wikipedia / Flickr]Mike Turzai (R-Allegheny), the majority leader of Pennsylvania’s House of Representatives, says in a speech to Pennsylvania’s Republican committee that newly passed voter identification laws would help Republican presidential candidate Mitt Romney win the state (see August 30, 2011 and June 12, 2012). “We are focused on making sure that we meet our obligations that we’ve talked about for years,” he says, and begins ticking off a list of what he considers accomplishments: “Pro-Second Amendment? The Castle Doctrine, it’s done. First pro-life legislation—abortion facility regulations—in 22 years, done. Voter ID, which is gonna allow Governor Romney to win the state of Pennsylvania, done.” Critics immediately take Turzai’s remarks as evidence that voter ID laws such as those passed by Pennsylvania are intended to disenfranchise minority voters who are more likely to vote Democratic. Turzai and Republicans who support voter ID laws insist that such laws are intended to stop voter fraud. Pennsylvania Democratic Party spokesman Mark Nicastre says: “Instead of working to create jobs and get our economy back on track, Mike Turzai and the Republicans in Harrisburg have been laser focused on a partisan agenda that simply helps their donors and political allies.… Mike Turzai’s admission that Voter ID only serves the partisan interests of his party should be shocking, but unfortunately it isn’t. Democrats are focused on protecting Pennsylvanians’ rights to vote, and we are working hard to ensure that everyone who is eligible to vote can vote this fall.” Turzai spokesman Stephen Miskin says that voter fraud is a nationwide problem, though no evidence of such a claim has ever been advanced, and anyone who believes Turzai was saying anything untoward “has their own agenda.” Pennsylvania Senator Daylin Leach (D-Montco) disagrees, saying: “This is making clear to everyone what Voter ID was all about. This is about one thing: disenfranchising Democratic voters and rigging elections for Republicans. When they get behind closed doors, they admit it. And that’s exactly what Turzai did.” Pennsylvania has voted for a Democratic presidential candidate in every election since 1988. Political blogger and reporter Kelly Cernetich writes that in 2004, President Bush lost Pennsylvania by 144,248 votes: “That’s at least 144,000 higher than the number of voter fraud convictions in PA since 1988.” [The Grio, 6/25/2012; PoliticsPA, 6/26/2012] Political blogger and reporter Mychal Denzel Smith writes: “The Republican strategy for winning the youth vote, black vote, and low-income vote has been to ensure that no one belonging to any of those three groups is able to vote. The GOP has aggressively pursued some of the most stringent voter ID laws, and since 2010, 16 states have enacted the most restrictive barriers to voting since poll taxes and literacy tests. With the exception of one state, all of these laws have been voted on party lines, with Republican officials voting in favor. Up until now, the party line has been they are ‘protecting the integrity of the vote’ by protecting the American public from the nonexistent issue of voter fraud. In reality, all they have done is made it harder for those constituencies (youth, blacks, low-income) who do not traditionally lean Republican to get into the voting booth.… Turzai just committed a gaffe that will likely garner little public attention but reveals the true motives of the GOP efforts to curb voter fraud.” He notes that a Brennan Center study found that voter fraud occurs in 0.0004 percent of the votes cast throughout the nation (see June 12, 2012). [The Grio, 6/27/2012]

Entity Tags: Pennsylvania House of Representatives, Kelly Cernetich, Daylin Leach, Mark Nicastre, Mychal Denzel Smith, Willard Mitt Romney, Mike Turzai, Stephen Miskin

Timeline Tags: Civil Liberties, 2012 Elections

The US Supreme Court, without hearing arguments, strikes down a century-old Montana ban on corporate spending in elections (see December 30, 2011 and After), effectively reaffirming its Citizens United decision to allow unlimited, untraceable corporate spending on elections (see January 21, 2010). Some observers expected the Court to temper its original finding in the Citizens United decision, but such is not the outcome. The case, American Tradition Partnership v. Bullock, originates in Montana’s 19th-century ban on corporate spending in elections. In December 2011, the Montana Supreme Court upheld the law (see December 30, 2011 and After), finding that the Citizens United ruling allowed for restrictions on corporate political speech if the government could demonstrate that the restrictions were as minimal as possible to achieve a compelling governmental interest. Today, the US Supreme Court rules 5-4 that the Montana Supreme Court’s argument is invalid, saying there is “no serious doubt” that the Citizens United ruling supersedes Montana state law. Two dissenting Justices, Ruth Bader Ginsberg and Stephen Breyer, argued for the case to be presented to the Court, viewing the case as “an opportunity to consider whether, in light of the huge sums currently deployed to buy candidates’ allegiance, Citizens United should continue to hold sway.” However, the Court’s conservative majority strikes down the Montana Supreme Court’s decision and invalidates the CPA. Breyer writes in his dissent, “Even if I were to accept Citizens United, this Court’s legal conclusion should not bar the Montana Supreme Court’s finding, made on the record before it, that independent expenditures by corporations did in fact lead to corruption or the appearance of corruption in Montana.” The next recourse for Montana citizens is Ballot Initiative I-166, which would establish that corporations are not people in Montana and would call on Montana’s Congressional delegation to support a constitutional amendment to overturn Citizens United. [American Tradition Partnership, Inc., FKA Western Tradition Partnership, Inc., et al v. Steve Bullock, Attorney General Of Montana, et al, 6/25/2012 pdf file; SCOTUSBlog, 6/25/2012; Reuters, 6/25/2012; OMB Watch, 6/25/2012; OMB Watch, 7/10/2012] Democratic campaign lawyer Marc Elias says of the decision: “To the extent that there was any doubt from the original Citizens United decision broadly applies to state and local laws, that doubt is now gone. To whatever extent that door was open a crack, that door is now closed.” Senator Charles Schumer (D-NY) says that the Court is “[f]or apparently political reasons… further tipping the balance of power in America in favor of deep-pocketed, outside interests.” Senate Minority Leader Mitch McConnell (R-KY) calls the decision an “important victory for freedom of speech.” [Washington Post, 6/25/2012]

Entity Tags: Stephen Breyer, Mitch McConnell, Marc Elias, Charles Schumer, Montana Supreme Court, US Supreme Court, Ruth Bader Ginsberg

Timeline Tags: Civil Liberties

Former Senator Russ Feingold (D-WI) says that the US Supreme Court’s recent summary reversal of a Montana Supreme Court decision to uphold Montana’s ban on corporate political spending (see June 25, 2012) proves that the US Supreme Court is actively working to dismantle representative democracy. Referring to the 2010 Citizens United case that formed the basis for the Court’s recent decision (see January 21, 2010), Feingold says: “This court had one fig leaf left after this one awful decision two years ago.” The justices could claim “they were politically naive or didn’t know what would happen when they overturned 100 years of law on corporate contributions.” But after the American Tradition Partnership decision that reversed the Montana high court, he says, “They have shown themselves wantonly willing to undo our democracy.” Feingold continues: “This is one of the great turning points, not only in campaign finance but also in our country’s history. I believe we’re in a constitutional crisis.” Feingold heads an anti-Citizens United group called Progressives United, which works to raise awareness about the effects of the decisions and to persuade Congress to overturn the decision via legislation. He says the Supreme Court has “clearly become… a partisan arm of corporate America. This is a real serious problem for our democracy. It’s essentially a court that rules in one direction.… [T]his court is no longer perceived as the independent arbiter of the law that the people expect them to be.” A recent study by the Constitutional Accountability Center shows that during the tenure of Chief Justice John Roberts, the US Chamber of Commerce, the nation’s most powerful business lobbying organization (see January 21-22, 2010, June 26-28, 2010, July 26, 2010, August 2, 2010, October 2010, and February 10, 2011), which filed a brief asking the Supreme Court to rule against the Montana high court (see April 30, 2012), has seen victory in 68 percent of the cases in which it has filed briefs, a much higher success record than in earlier years. Feingold wrote an article for the Stanford Law Review claiming that the 2006-2008 rise in small donor contributions spurred corporations and the Supreme Court to create the Citizens United decision (see June 14, 2012). Feingold says: “The corporate interest in America saw the face of democracy, and so what they did was engineer this decision. They used it as an excuse to stop citizen democracy in this country.” Nevertheless, Feingold is confident that grassroots organizations such as Progressives United and efforts in other venues, including Congress and the Obama administration, will eventually see Citizens United overturned. For now, he quotes his campaign finance reform partner, Senator John McCain, who recently said, “I promise you there will be huge scandals” (see March 27, 2012). Feingold says, “There already is a scandal.” [Huffington Post, 6/27/2012]

Entity Tags: Russell D. Feingold, Constitutional Accountability Center, John G. Roberts, Jr, Progressives United, John McCain, Obama administration, US Chamber of Commerce, US Supreme Court

Timeline Tags: Civil Liberties

Senate Democrats try twice within a two-day period to bring the DISCLOSE Act, a campaign finance bill that would require the disclosure of the identities of political donors (see July 26-27, 2010), to the floor for a vote. If enacted, the Democracy Is Strengthened by Casting Light On Spending in Elections (DISCLOSE) Act would overturn many elements of the Supreme Court’s controversial Citizens United decision that allows virtually unlimited and anonymous political spending by corporations and other entities (see January 21, 2010). If passed, it would create new campaign finance disclosure requirements and make public the names of “super PAC” contributors (see March 26, 2010). Individuals, corporations, labor unions, and tax-exempt charitable organizations would, under the act, report to the Federal Election Commission (FEC) each time they spend $10,000 or more on campaign-related expenditures. The bill would also “prohibit foreign influence in federal elections [and] prohibit government contractors from making expenditures with respect to such elections.” Both Senate Democratic efforts are thwarted by a Republican filibuster. Democrats are unable to muster the 60 votes needed to grant “cloture,” which would break the filibuster and bring the bill to the floor to be voted up or down. The last vote supports cloture 53-45, not enough to invoke cloture; the first vote was 51-44 in favor. Senators Mark Kirk (R-IL), who is recovering from a seizure, and Richard Shelby (R-AL) do not vote. Democrats force an official recording of each senator’s vote, placing the names of senators voting for and against the bill in the public record. Democrats have tried since 2010 to pass the bill (see July 26-27, 2010). The bill, sponsored in its latest iteration by Sheldon Whitehouse (D-RI), would force unions, nonprofits, and corporate interest groups that spend $10,000 or more during an election cycle to disclose donors who give $10,000 or more. Whitehouse modified the original version of the bill to no longer require sponsors of “electioneering” ads to put a disclaimer at the end, and pushed the effective date of the bill to 2013, meaning it would not impact the 2012 presidential campaign. Whitehouse and 15 other senators take to the floor to press for its passage. “When somebody is spending the kind of money that is being spent, a single donor making, for instance, a $4 million anonymous contribution, they’re not doing that out of the goodness of their heart,” he tells the Senate. Democrats urge Republicans who have previously spoken out in favor of transparency and campaign finance reform to vote for the bill, targeting Senators Lamar Alexander (R-TN), Scott Brown (R-MA), John McCain (R-AZ), and Susan Collins (R-ME). However, none of them break ranks with their fellow Republicans. McCain, who co-authored the McCain-Feingold campaign finance bill of 2002 (see March 27, 2002) and has spoken out against the Citizens United Supreme Court decision that allows corporations and unions to anonymously spend unlimited amounts on “electioneering” activities (see January 21, 2010), refuses to join Democrats in supporting the bill. He tells the Senate before the final vote, “The American people will see it for what it is—political opportunism at its best, political demagoguery at its worst.” McCain asks Senate Democrats “to go back to the drawing board and bring back a bill that is truly fair, truly bipartisan, and requires true full disclosure for everyone.” Senate Minority Leader Mitch McConnell says the bill would “send a signal to unions that Democrats are just as eager to do their legislative bidding as ever,” and that it “amounts to nothing more than member and donor harassment and intimidation.” In his weekly press conference shortly before the floor votes, McConnell says of the bill: “This could best be described as a selective disclosure act. It has managed to generate opposition from everybody from the ACLU to [the] NRA. That’s quite an accomplishment.” Senate Majority Leader Harry Reid (D-NV) says of the bill: “[I]n a post-Citizens United world, the least we should do is require groups spending millions on political attack ads to disclose their largest donors. We owe it to voters to let them judge for themselves the attacks—and the motivations behind them.” And Ellen Miller of the Sunlight Foundation says that the Senate is “thumbing their noses at the very notion of democratic elections.” [Politico, 7/14/2012; OMB Watch, 7/24/2012] After the bill fails to pass, Reid says, “It is obvious Republicans’ priority is to protect a handful of anonymous billionaires—billionaires willing to contribute hundreds of millions of dollars to change the outcome of a close presidential contest.” [The Hill, 7/24/2012]

Entity Tags: Mitch McConnell, Harry Reid, Ellen Miller, DISCLOSE Act of 2010, John McCain, Mark Steven Kirk, Susan Collins, Lamar Alexander, US Senate, Scott Brown, Richard Shelby, Sheldon Whitehouse

Timeline Tags: Civil Liberties

Accused Aurora gunman James Holmes looks on during a recent court hearing regarding his alleged crimes. At some point, Holmes dyed his hair, allegedly to more closely resemble ‘The Joker,’ a villain in the Batman movies.Accused Aurora gunman James Holmes looks on during a recent court hearing regarding his alleged crimes. At some point, Holmes dyed his hair, allegedly to more closely resemble ‘The Joker,’ a villain in the Batman movies. [Source: Reason (.com)]The New American, the official publication of the right-wing John Birch Society (JBS—see March 10, 1961, November 1963, April 13, 2009, December 11, 2009, April 26, 2010, and December 2011), promotes a theory from an Internet publication that the recent massacre by a lone gunman in a Colorado movie theater was orchestrated by the Obama administration or its surrogates as a way to impose gun control laws. Writer Bob Adelmann admits the conspiracy theory is merely “conjecture.” The theory comes from the Natural News Network (NNN), which describes itself as a “non-profit collection of public education Web sites.” NNN is incorporated by Truth Publishing International, a Taiwan corporation. The article is titled “Colorado Batman shooting shows obvious signs of being staged,” referencing the film being shown in the theater, The Dark Knight Rises, the third in the “Batman trilogy” by Christopher Nolan. Adelmann introduces the NNN conspiracy theory by reporting that a Forbes magazine article says the US may ratify a United Nations arms treaty that would regulate the international trade in conventional weapons. Adelmann says the UN treaty poses “a formidable threat” to gun ownership in the US. He then introduces the NNN theory as posited by NNN writer Mike Adams. [Forbes, 6/7/2011; New American, 7/23/2012; Samuel Warde, 7/30/2012]
Brainwashed Obama Operative? - The shooter, James Eagan Holmes, fired multiple bursts of gunfire in the Aurora, Colorado, theater, but then surrendered to the police without offering any resistance. Adams says his peaceful surrender was inconsistent with Holmes’s apparent desire to “kill everyone.” Adams also finds it curious that Holmes told police his apartment was booby-trapped with explosives. Someone truly wishing to kill many people would not have told police about the bombs. “It doesn’t add up,” Adams says. Holmes’s character as reported by neighbors and friends—quiet, shy, obsessed with video games—does not correlate with the picture of a maddened gunman, he continues. Moreover, Holmes must have had help from somewhere—he was living on unemployment insurance, Adams contends, yet owned thousands of dollars’ worth of weaponry, ammunition, explosives, and SWAT gear. “Where did that come from?” Adams’s answer: Obama administration operatives or someone else doing the administration’s bidding by launching a “false flag” attack. In fact, Adams writes: “There is already conjecture that James Holmes may have been involved in mind-altering neuroscience research and ended up becoming involved at a depth he never anticipated. His actions clearly show a strange detachment from reality, indicating he was not in his right mind. That can only typically be accomplished through drugs, hypnosis, or trauma (and sometimes all three).” Adams continues: “Someone else taught this guy these skills and funded the acquisition of the equipment.… This is somebody who was selected for a mission, given equipment to carry it out, then somehow brainwashed into getting it done. This is not your run-of-the-mill crime of passion. It was a carefully planned, heavily funded, and technically advanced attack.” Adams concludes that Holmes completed his “mission” and then surrendered, “admitting everything” to police. “The mission, as we are now learning, was to cause as much terror and mayhem as possible, then to have that multiplied by the national media at exactly the right time leading up the UN vote next week on a global small arms treaty that could result in gun confiscation across America.” The FBI has carried out “numerous” missions such as this one, Adams contends, though its history until now is to stop the attacks before they reach the point of violence. Adams also compares the Holmes massacre to the “Fast and Furious” operation conducted by Arizona police officers and the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF), which has become a popular topic of discussion on the right as another Obama conspiracy theory. Adams concludes: “In other words, this has all the signs of Fast & Furious, Episode II. I wouldn’t be surprised to discover someone in Washington was behind it all. After all, there’s no quicker way to disarm a nation and take total control over the population than to stage violence, blame it on firearms, then call for leaders to ‘do something!’ Such calls inevitably end up resulting in gun confiscation, and it’s never too long after that before government genocide really kicks in like we saw with Hitler (see March 13, 2008 and November 11, 2008), Stalin (see October 13, 2009), Pol Pot (see December 17, 2009 and April 27, 2011), Mao (see January 2009), and other tyrants.” [Natural News Network, 7/20/2012]
JBS: Attack's Timing with UN Treaty Signing More than Coincidental - Adelmann admits the theory is “strictly conjectural at this point,” but observes that “the timing of the shootings coinciding with the final details of the UN Arms Trade Treaty (ATT) being polished up in New York by Secretary of State Hillary Clinton.” The timing must be more than coincidental, Adelmann writes. According to Adelmann, if the US signs the arms treaty, it would have to abide by strict licensing requirements; confiscate untold numbers of citizen-owned weaponry; ban the trade, sale, and private ownership of all weapons; create an international gun registry (which would, Adelmann warns, open the door “for full-scale gun confiscation”); and finally, “[o]verride our national sovereignty, and in the process, provide license for the federal government to assert preemptive powers over state regulatory powers guaranteed by the Ten Amendments in addition to our Second Amendment rights.” The UN treaty would not apply to US citizens, experts note, but Adelmann and others do not believe that assertion. John Bolton, the former UN ambassador and chief political advisor to the Romney presidential campaign, is one of those: he says that while the UN “is trying to act as though this is just a treaty about international arms trade among nation states, but there is no doubt that the real agenda here is domestic firearms control.” Adelmann says the UN treaty is the next step in the Obama administration’s creation of an “authoritarian dictatorship” and ultimate plans for domestic genocide, or what he calls “democide.” He concludes: “That is the nightmare that faces American citizens if in their haste to rid the world of shooters such as Holmes they allow the United Nations to do the job for them. The end result will be immeasurably, horrifyingly, worse.” [Forbes, 6/7/2011; New American, 7/23/2012]
More Coverage - Other right-wing outlets also pick up Adams’s conspiracy theory, including Gun Owners of America (GOA), whose president Larry Pratt issues a press release promoting the theory and offering himself for interviews about the theory and about the Obama administration’s purported intent to ban gun ownership in America. [Special Guests, 7/2012; Samuel Warde, 7/30/2012]
Treaty Not Passed - The media later reports that the US is refusing to go along with the treaty as it is currently written. [CBS News, 7/30/2012]

Entity Tags: Bob Adelmann, John R. Bolton, Gun Owners of America, John Birch Society, Hillary Clinton, James Eagan Holmes, United Nations, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Larry Pratt, Mike Adams, Natural News Network, Obama administration, Truth Publishing International

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Republican presidential candidate Mitt Romney (R-MA) criticizes President Obama’s foreign-policy stance while preparing for a trip to Great Britain, and an unnamed Romney advisor tells a British reporter that Obama does not understand the US’s and the United Kingdom’s shared “Anglo-Saxon heritage.” Critics accuse the advisor of making a racially insensitive remark. Romney accuses Obama of “appeasing” the enemies of the US, and his advisors tell reporters that if elected, Romney will abandon what they call Obama’s “left-wing” coolness towards the UK. One advisor says: “We are part of an Anglo-Saxon heritage, and [Romney] feels that the special relationship is special.… The White House didn’t fully appreciate the shared history we have.” In a speech to a Veterans of Foreign Wars (VFW) assemblage in Nevada, Romney says: “If you do not want America to be the strongest nation on earth, I am not your president. You have that president today.” Romney says he will preside over a new “American century” in which the US acts as the world’s policeman and will not hesitate to “wield our strength.” He adds, “I will not surrender America’s leadership in the world.” Two Romney advisors augment his remarks to a collection of British reporters. “In contrast to President Obama, whose first instinct is to reach out to America’s adversaries, the governor’s first impulse is to consult and co-ordinate and to move closer to our friends and allies overseas so they can rely on American constancy and strength,” one says. The other says: “Obama is a left-winger. He doesn’t value the NATO alliance as much, he’s very comfortable with American decline and the traditional alliances don’t mean as much to him. He wouldn’t like singing ‘Land of Hope and Glory.’” The two advisors reference the criticism from some on the right about Obama’s removal of the bust of Winston Churchill from the Oval Office (see June 29, 2009), saying Romney would seek to restore the bust. One says Romney sees the replacement of the bust as “symbolically important,” and the other adds that the restoration would be “just for starters.… He is naturally more Atlanticist.” Some in Great Britain’s government view the Obama administration as less receptive to British concerns than the previous Bush administration. However, when reporters press Romney’s advisors as to what specific changes to US policy Romney would make as president, they are unable to respond. One says, “I’m not sure what our policy response is.” They cite Romney’s opposition to Islamist terrorism and Iran’s supposed intention to build nuclear weapons as examples of Romney’s focus as president. Romney’s advisors speak on the condition of anonymity because Romney campaign officials have asked that they not criticize Obama to representatives of the foreign media. When a Romney advisor attacked Obama in an interview by the German press last month, Obama reminded the Romney campaign that “America’s political differences end at the water’s edge.” [Daily Telegraph, 7/24/2012]
Romney Campaign Denies Making Remarks - The day after the remarks are made public, the Romney campaign attempts to distance the candidate from the remarks, including issuing denials that the remarks were not actually made. Romney’s press secretary Andrea Paul disputes that the comments were made as reported, and says such remarks do not reflect Romney’s beliefs: “It’s not true. If anyone said that, they weren’t reflecting the views of Governor Romney or anyone inside the campaign.” CBS News reports, “Saul did not comment on what specifically was not true.” (The Washington Post and the National Journal cite Romney spokesperson Amanda Hennenberg, and not Saul, as issuing the denial. CBS and The Guardian report that it is Saul who issues the denial.) Romney attacks Vice President Joseph Biden for being critical of the remarks (see July 25, 2012), saying that Biden should not have given credence to the remarks and accusing him of trying to “divert voters’ attention with specious shiny objects.” Romney spokesperson Ryan Williams says in a statement: “Today, the race for the highest office in our land was diminished to a sad level when the vice president of the United States used an anonymous and false quote from a foreign newspaper to prop up their flailing campaign. The president’s own press secretary has repeatedly discredited anonymous sources, yet his political advisors saw fit to advance a falsehood. We have more faith in American voters, and know they will see this latest desperate ploy for what it is.” After the remarks were reported, Daily Telegraph reporter Jon Swaine posted on Twitter identifying the comments as coming from a “member of [Romney’s] foreign policy advisory team.” The Washington Post’s Rachel Weiner says the Telegraph has a “looser” policy on anonymous quotes than most American press outlets, and often prints “rumors and blind quotes.” However, the Telegraph stands by its reporting. Al-Monitor reporter Laura Rozen notes that conservative British commentator Nile Gardiner is the co-chair of Romney’s Europe Working Group, has close connections to the Telegraph, and frequently uses the term “Anglo-Saxon.” Gardiner denies being the source of the comment, and says when Telegraph reporters contacted him for an interview, he referred them to Romney’s communications team. [CBS News, 7/25/2012; Washington Post, 7/25/2012; Guardian, 7/25/2012; National Journal, 7/25/2012] The liberal news Web site Talking Points Memo reports that according to the Telegraph, no one from the Romney campaign has asked the newspaper to retract its reporting. And the Romney campaign refuses to answer questions about what specifically it believes to be false, i.e. whether the quote itself was fabricated or the sentiment expressed by the advisor was inaccurate. [Talking Points Memo, 7/25/2012; National Journal, 7/25/2012] The Atlantic Wire’s Connor Simpson writes that he believes the Romney campaign will soon fire the advisor who made the remark. [Atlantic Wire, 7/25/2012]

Entity Tags: Mitt Romney presidential campaign (2012), Amanda Hennenberg, Andrea Paul, Laura Rozen, Barack Obama, Jon Swaine, Connor Simpson, CBS News, Joseph Biden, Daily Telegraph, Washington Post, National Journal, Nile Gardiner, Willard Mitt Romney, Obama administration, Talking Points Memo, Rachel Weiner, The Guardian, Ryan Williams

Timeline Tags: 2012 Elections

Critics accuse an unnamed advisor to the Romney campaign of making a racially insensitive remark to British reporters when the advisor accused President Obama of not understanding the shared “Anglo-Saxon” heritage of the US and the United Kingdom (see July 24-25, 2012). Obama’s father was Kenyan, and many of Obama’s critics have accused Obama of not being sufficiently American (see October 1, 2007, January 16, 2008, October 16, 2008 and After, Around November 26, 2008, February 10, 2009, March 9, 2009, March 18, 2009, March 25, 2009, March 27, 2009, March 30-31, 2009, March 31, 2009, April 1, 2009, April 1-2, 2009, April 3-7, 2009, April 6, 2009, April 6-7, 2009, April 9, 2009, June 2, 2009, June 5, 2009, June 25, 2009, June 29, 2009, July 23, 2009, August 1-4, 2009, August 6, 2009, September 17, 2009, October 2, 2009, October 13, 2009, November 17, 2009, December 3, 2009, December 17, 2009, May 7, 2010, June 11, 2010, Shortly Before June 28, 2010, August 4, 2010, August 19, 2010, September 12, 2010, September 12, 2010 and After, September 16, 2010, September 18, 2010, September 23, 2010, October 22-23, 2010, March 28, 2011, April 7, 2011, April 27, 2011, April 27, 2011, May 23-24, 2011, June 10, 2011, January 13-20, 2012, and June 20, 2012) and of not working hard enough to bolster relations between the US and the United Kingdom. Critics also accuse Mitt Romney of trying to create a division between the US and the United Kingdom where none exists. Romney’s campaign is denying the remarks were ever made. [Daily Telegraph, 7/25/2012]
Vice President, Obama Campaign Advisor Respond - Vice President Joseph Biden is quick to lambast the Romney campaign for the comment. “Despite his promises that politics stops at the water’s edge, Governor Romney’s wheels hadn’t even touched down in London before his advisors were reportedly playing politics with international diplomacy,” he says in a statement, “attempting to create daylight between the United States and the United Kingdom where none exists. Our special relationship with the British is stronger than ever and we are proud to work hand-in-hand with Prime Minister Cameron to confront every major national security challenge we face today. On every major issue—from Afghanistan to missile defense, from the fight against international terrorism to our success in isolating countries like Iran whose nuclear programs threaten peace and stability—we’ve never been more in sync. The comments reported this morning are a disturbing start to a trip designed to demonstrate Governor Romney’s readiness to represent the United States on the world’s stage. Not surprisingly, this is just another feeble attempt by the Romney campaign to score political points at the expense of this critical partnership. This assertion is beneath a presidential campaign.” Obama campaign advisor David Axelrod calls the comments “stunningly offensive” in a Twitter post, which states, “Mitt’s trip off to flying start, even before he lands, with stunningly offensive quotes from his team in British press.” [CBS News, 7/25/2012; Business Insider, 7/25/2012; Guardian, 7/25/2012]
British Historian Questions Perception of 'Divisions' between Two Nations - British historian Tim Stanley says the perception of “divisions” between the US and the UK is overblown, and that many British citizens “love [Obama] because they see him as an antidote to the misdirected machismo of the Bush years. Few of us are keen to revive an alliance that led to the bloody mess of Iraq and Afghanistan.” More directly, the advisor’s “Anglo-Saxon” reference is obsolete and easily interpreted as racist. “Both countries are more multicultural than ever before, and both have forged alliances with countries that are decidedly un-Anglo-Saxon: the US is part of a trading bloc with Mexico and the UK is trapped in the engine room of the [European Union] Titanic,” Stanley writes. “Many will therefore interpret the choice of words as a clumsy attempt to play the race card, exploiting the impression that Obama is anti-British because he is of African descent.” Stanley writes that the advisors seemed more interested in painting Obama as a “left-winger” who lacks an understanding of the relations between the two nations than trying to make a racially insensitive remark, but he predicts the media will fasten onto the remark and label the Romney campaign, and perhaps Romney himself, as being racist to some degree. [Daily Telegraph, 7/25/2012]
British Columnist: Romney Should Not 'Cast Us All Back into the Dark Ages' - Ian Vince, a columnist with The Guardian, asks what exactly the Romney campaign might mean by stating a desire to restore “Anglo-Saxon” relations between the two nations. Vince notes the thousand years of culture and heritage contributed by the Normans, the Romans, the Danish Jutes, and the Vikings, among others, and the huge number of non-“Anglo-Saxons” who consider themselves proud British citizens. He concludes by observing, “Mitt Romney would be wise not to cast us all back into the Dark Ages.” [Guardian, 7/25/2012]
Liberal News Site: Comments Part of Larger Attack on Obama's Heritage, Patriotism - Judd Legum of the liberal news Web site Think Progress says the comments are part of a much broader series of attacks on Obama’s heritage and patriotism by the Romney campaign. Legum calls the comments “the latest attack by the Romney campaign on Obama’s multi-cultural heritage.” Last week, Legum reminds readers, Romney campaign co-chair John Sununu told reporters Obama has no understanding of the “American system” because he “spent his early years in Hawaii smoking something, spent the next set of years in Indonesia,” and said Obama needs to “learn how to be an American.” Later that day, Romney himself called Obama’s policies “extraordinarily foreign.” [Think Progress, 7/25/2012]
Neoconservative Magazine: Story Not Believable, Romney's Denial Should Settle Question - However, Alana Goodman of the neoconservative Commentary magazine says she did not believe the story from the moment it was reported. She says the story hinges entirely on a single unnamed source (the Romney advisor, who spoke on condition of anonymity), and accuses the Obama campaign of “scrambling to pump air into” the controversy surrounding the comments. She concludes, “Unless a reporter is able to verify who said this and what his role is in the campaign, Romney’s denial should put this story to rest.” [Commentary, 7/25/2012]

Entity Tags: Willard Mitt Romney, Joseph Biden, Judd Legum, John Sununu, Mitt Romney presidential campaign (2012), Ian Vince, David Axelrod, Alana Goodman, Barack Obama, Tim Stanley

Timeline Tags: 2012 Elections

A bar graph issued by the Center for Responsive Politics shows, in the words of the liberal news Web site Think Progress, why Republicans are so strongly in favor of the January 2010 Citizens United decision that lifted restrictions on corporate donations for election and campaign purposes (see January 21, 2010). In 2010, the first election cycle that the decision was in effect, conservative outside groups outpaced liberal/progressive outside groups in spending for the first time since 1996. The data, compiled by the Center, is as follows:
1990 - Conservative outside groups outspent liberal outside groups $3.2 million to $2.4 million.
1992 - Conservative outside groups outspent liberal outside groups $9.4 million to $7.1 million.
1994 - Conservative outside groups outspent liberal outside groups $6.3 million to $2.6 million.
1996 - Liberal outside groups outspent conservative outside groups $9.9 million to $6.5 million.
1998 - Liberal outside groups outspent conservative outside groups $7.5 million to $5.2 million.
2000 - Liberal outside groups outspent conservative outside groups $29 million to $17 million.
2002 - Liberal outside groups outspent conservative outside groups $17.9 million to $4.6 million (see March 27, 2002).
2004 - Liberal outside groups outspent conservative outside groups $121.3 million to $68.5 million (see January - November 2004).
2006 - Liberal outside groups outspent conservative outside groups $38.7 million to $19.6 million.
2008 - Liberal outside groups outspent conservative outside groups $159 million to $120.3 million.
2010 - Conservative outside groups outspent liberal outside groups $183.3 million to $98.9 million (see January 21, 2010).
2012 (to date) - Conservative outside groups outspent liberal outside groups $166 million to $46.9 million.
The chart shows that outside spending was on the rise well before the Citizens United decision, but, as Think Progress legal analyst Ian Millhiser wrote in May 2012: “[A]nother trend is also clear. Prior to Citizens United, which was decided in 2010, left-leaning groups held a moderate-to-significant advantage in election spending. After Citizens United, conservatives absolutely dominated the field.” Millhiser acknowledged that Republican primary spending in the first few months of 2012 played a significant role in the $119.1 million disparity. “Nevertheless, the last two election cycles suggest that conservatives will continue to benefit from Citizens United even once the general election kicks into full gear,” he wrote. ”Citizens United gave such a boost to Republican candidates that outside spending by conservatives grew by more than $70 million from 2008 to 2010, even though 2008 was a presidential election year and outside spending has historically been much higher in these cycles than in off-year [midterm] elections.” [Think Progress, 5/2/2012; Center for Responsive Politics, 8/2012]

Entity Tags: Ian Millhiser, Center for Responsive Politics, Think Progress (.org)

Timeline Tags: Civil Liberties

A portion of the cover of the DVD ‘Dreams From My Real Father.’ The subtitle is ‘A Story of Reds and Deception.’A portion of the cover of the DVD ‘Dreams From My Real Father.’ The subtitle is ‘A Story of Reds and Deception.’ [Source: Opposing Views (.com)]Bill Armistead, the chairman of the Alabama Republican Party, publicly claims President Obama is the illegitimate son of Frank Marshall Davis, an American labor activist and organizer for the Communist Party USA. Armistead makes his claim to a meeting of the Eastern Shore Republican Women in Fairhope, Alabama, where he recommends a movie entitled Dreams From My Real Father, a play on Obama’s 1995 memoir, Dreams From My Father. The film was directed by Joel Gilbert, who has described it thusly: “Admittedly, at age 18, Obama arrived at Occidental College a committed revolutionary Marxist. Dreams from My Real Father presents the case that Frank Marshall Davis, a Communist Party USA organizer and propagandist, was Obama’s real father, both biological and ideological, and indoctrinated Obama with a political foundation in Marxism and an anti-white world view.” Armistead tells the audience: “We have to win this election. This is about our country. Our country will not be the same. I’m convinced, if Obama wins, our children and grandchildren will not live under the same conditions that we’ve lived in these wonderful years. Obama has a different ideology than we do.” He then answers a question from the audience about another movie critical of Obama, 2016: Obama’s America, by conservative pundit and author Dinesh D’Souza (see September 12, 2010 and September 16, 2010). Armistead replies: “If you haven’t seen it, you should. But I’m going to tell you about another movie. The name of it is Dreams From My Real Father. That is absolutely frightening. I’ve seen it. I verified that it is factual, all of it. People can determine.” Armistead does not explain how he has “verified” the accuracy of the movie’s claims. The story of Armistead’s comments is quickly picked up by local and national press outlets, including Salon and TPM Muckraker, which say that Armistead has gone “birther.” The reference is to discredited conspiracy theories claiming that Obama is not a naturally-born American citizen. Miranda Blue, a spokesperson for the liberal People for the American Way (PFAW), says the film is a “fringe birther movie” and adds, “This is the first we’ve heard of a political leader embracing… Gilbert’s conspiracy theory.” [Mobile Press-Register, 9/20/2012] According to Blue, “A trailer for the film cuts to various right-wing bogeymen including Jeremiah Wright, Bill Ayers, and ACORN in between misleadingly edited snippets of speeches by the president and Michelle Obama.” She writes, “Gilbert’s film has divided the birther movement, since its assertion that Davis is Obama’s real father would seem to be incompatible with the theory that the president was born in Kenya.” Jerome Corsi, a writer for the conservative WorldNetDaily and a veteran “birther” (see August 1, 2008 and After, July 21, 2009, and September 21, 2010), supports the film, but California lawyer and “birther” Orly Taitz (see August 1-4, 2009, October 29, 2009, and April 27, 2011) says Corsi is “trying to kill the case by making up an American citizen father for Obama.” The film has reached a wide audience, with conservative media outlets such as the New York Post promoting it and Gilbert sending a million copies of the film on DVD to voters in Ohio. Gilbert plans to send another million copies to voters in other swing states. Gilbert says the mainstream media is ignoring the film “because they support national health care.” Gilbert told a recent National Press Club audience that Obama and his political advisor David Axelrod are both “red diaper babies,” children born of Communist parents and brought up to advance the cause. Obama, he said, is pursuing what he says was Davis’s dream of imposing a Stalinist-Marxist dictatorship on America, and that Obama worked with the now-defunct Association of Community Organizations for Reform Now (ACORN) to cause the housing crisis as part of a plan to, he said, “use minorities and the poor to collapse capitalism.” [Right Wing Watch, 9/20/2012; Salon, 9/20/2012] The film is narrated by an Obama impersonator. It contains a disclaimer noting that many of the scenes are “re-creations of probable events, using reasoned logic, speculation, and approximated conversations.” [TPM Muckraker, 9/21/2012] The tale of Obama being fathered by Davis was promulgated most recently by conservative agitator Andy Martin (see Before October 27, 2008) and other far-right sources.

Entity Tags: Jerome Corsi, Barack Obama, Association of Community Organizations for Reform Now, Anthony Robert Martin-Trigona, Alabama Republican Party, Bill Armistead, Frank Marshall Davis, Orly Taitz, Joel Gilbert, David Axelrod, Miranda Blue

Timeline Tags: Domestic Propaganda

Conservative columnist Charles Lane, writing for the Washington Post, pens a column deriding the renewable energy industry and says that powerful Democratic politicians are using that industry to make themselves rich. He cites the example of former Vice President Al Gore, who has made somewhere around $100 million “partly through investing in alternative energy firms subsidized by the Obama administration.” Lane juxtaposes this information with a note that Republican presidential candidate Mitt Romney earned the cheers of “thousands” when, at a rally in Ohio, he proclaimed his support for the coal industry. Lane writes that liberals and Democrats are profiting handsomely by forcing the government to subsidize what he characterizes as an industry doomed to failure: “As the Democrats become more committed to, and defined by, a green agenda, and as they become dependent on money from high-tech venture capitalists and their lobbyists, it becomes harder to describe them as a party for the little guy—or liberalism as a philosophy of distributive justice.” Lane claims that Gore has an inherent conflict of interest in speaking out about alternative energy and climate change while at the same time investing in alternative energy research and development. He then lambasts the entire renewable energy industry as “not cost-competitive with traditional energy,” and claims that it “won’t be for years. So it can’t work without either taxpayer subsidies, much of which accrue to ‘entrepreneurs’ such as Gore, or higher prices for fossil energy—the brunt of which is borne by people of modest means.” Lane writes that “expensive electricity is bad for industry, as Germany is discovering. Fact is, subsidies for green energy do not so much create jobs as shift them around.” So-called “smart grids,” advanced technology that makes conventional electricity’s transmission more efficient and reliable, is bad, he writes, because it puts “human meter readers” out of work, “just as solar panels put coal miners out of work.” If any new energy technology is worth pursuing, he writes, it is “fracking,” the industry practice that promises to extract millions of tons of natural gas from the ground. Solar and other renewable energy industries would not exist if it were not for government subsidies, he claims, and will never be sustainable without government payouts. [Washington Post, 10/15/2012] Lane’s claim about Germany’s failure to create jobs in its renewable energy industry is contradicted by a German study showing that the industry creates hundreds of thousands of jobs each year (see July 31, 2013). Similarly, his claim that wealthy solar energy producers are sustained by higher rates paid by poor consumers will be strongly challenged (see April 5, 2013).

Entity Tags: Charles Lane, Washington Post, Willard Mitt Romney, Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: US Solar Industry

On Fox News’s morning show Fox and Friends, “expert” commentator Shibani Joshi of Fox Business tells viewers that the reason Germany has had so much success with its solar power industry is that it gets a great deal more sunlight than America does. In reality, Germany gets comparatively little sunlight, comparative to Alaska, the US state that gets the least amount of annual direct solar energy. Neither Joshi nor any of the hosts on the show mention Germany’s long governmental support of solar energy development and its backing of green technology research and development. Host Gretchen Carlson and her fellow hosts deride the Obama administration’s “failed” solar subsidies, with Carlson saying: “The United States simply hasn’t figured out how to do solar cheaply and effectively. You look at the country of Germany, it’s working out great for them.” The future of America’s solar industry, Carlson asserts, “is dim.” She then asks Joshi: “What was Germany doing correct? Are they just a smaller country, and that made it more feasible?” Joshi replies: “They’re a smaller country and they’ve got lots of sun. Right? They’ve got a lot more sun than we do.… The problem is it’s a cloudy day and it’s raining, you’re not gonna have it.” A few American states like California get a relatively plentiful amount of sunshine, Joshi says, and experience some success with generating energy from sunlight, “but here on the East Coast, it’s just not going to work.” Slate reporter Will Oremus will later write: “Gosh, why hasn’t anyone thought of that before? Wouldn’t you think that some scientist, somewhere, would have noticed that the East Coast is far less sunny than Central Europe and therefore incapable of producing solar power on the same scale? You would—if it were true.” According to the US Department of Energy’s National Renewable Energy Laboratory (NREL—see 1977), almost the entire continental US gets more sunlight than the sunniest region of Germany. NREL scientist Sarah Kurtz tells Oremus, “Germany’s solar resource is akin to Alaska’s.” According to an NREL map, the American Southwest is one of the best places in the world to generate solar power, and all of the continental US with the possible exception of the Puget Sound region in Washington state gets far more sunlight than anywhere in Germany. [Slate, 2/7/2013; Media Matters, 2/7/2013] Four days later, Joshi will admit she is wrong. In a post on Fox News’s blog, she will write: “I incorrectly stated that the chief difference between the US and Germany’s success with solar installations had to do with climate differences on a Fox and Friends appearance on Feb. 7. In fact, the difference come down more to subsidies and political priorities and has nothing to with sunshine.” She will then continue to deride solar energy as a minor element in a “divers[ified] energy portfolio,” and will claim that natural gas obtained via “fracking” is a better and more reliable source of energy for the next century. [Fox News, 2/11/2013]

Entity Tags: Shibani Joshi, Gretchen Carlson, Fox News, National Renewable Energy Laboratory, Sarah Kurtz, Will Oremus, Obama administration

Timeline Tags: US Solar Industry

Arizona’s largest public utility, Arizona Public Service (APS), is proposing to charge its customers who install rooftop solar panels $50 to $100 a month, or more, to cover what it says is the cost of maintaining its power grid. The increase would primarily impact new solar consumers, and not those who already have solar arrays installed. Solar energy advocates say the utility’s move will cost thousands of jobs in the solar industry, but APS says the surcharge is justified. Gregory Bernosky, an APS official in charge of the company’s renewable energy policy, says: “Right now the model isn’t sustainable. We love customers to go solar; the energy is a great resource as part of our energy portfolio. But this is about cost shifting and fairness to non-solar customers.” Bernosky says that solar-producing customers are not paying their fair share for the conventional electricity they use, in part because under a policy known as net metering, they can sell the excess energy they generate back to APS for what Bernosky says is too much credit. “We’re not collecting all the costs we need to maintain infrastructure from solar customers, and as time goes on and we have more of them, they put a greater burden on non-solar customers,” he says. This claim has been strongly challenged (see April 5, 2013 and July 31, 2013). Tim Hanna, a Solar City employee who has a rooftop array, says he pays little more than $20 or $30 for electricity even in the summer, because he generates so much solar energy for his own use. He would not be affected by the rate increase, but says many others would, stating, “I think it will put a big damper on things because whenever you talk to people, you tell them they can save a good chunk of money, and now they might not be able to save like they used to.” Arizona’s solar industry employs over 10,000 people now, a number that is expected to rise. But many solar advocates say that APS’s new policy could halt job growth and cost current jobs. Meghan Nutting of Solar City says: “Louisiana and Idaho fought similar proposals. No other state with net metering, which is 43 states, has enacted a tax hike like this. It’s crazy that Arizona, the sunniest state in the nation, might actually consider doing this.” [AZFamily.com, 7/16/2013]

Entity Tags: Gregory Bernosky, Meghan Nutting, Arizona Public Service, Tim Hanna

Timeline Tags: US Solar Industry

Amory B. Lovins, the chief scientist for the Rocky Mountain Institute and a well-known expert on sustainable and renewable energy, writes in a blog post for the Institute that the US solar industry is being attacked by an onslaught of disinformation and lies by the mainstream media, much of it designed to promote the interests of the conventional electric utilities. He begins by citing the infamous “flub” by Fox Business reporter Shibani Joshi, who in January 2013 lied to viewers when she said Germany has a more successful solar industry than the US because it has “got a lot more sun than we do” (see February 7, 2013). Lovins notes, “She recanted the next day while adding new errors.” He cites a pattern of what he calls “misinformed or, worse, systematically and falsely negative stories about renewable energy.” Some are simply erroneous, he admits, “due to careless reporting, sloppy fact checking, and perpetuation of old myths. But other coverage walks, or crosses, the dangerous line of a disinformation campaign—a persistent pattern of coverage meant to undermine renewables’ strong market reality. This has become common enough in mainstream media that some researchers have focused their attention on this balance of accurate and positive coverage vs. inaccurate and negative coverage.” The coverage issue has become one of note, he says. Tim Holmes of the UK’s Public Interest Research Centre (PIRC) says that media reporting has an outsized influence on the thinking of lawmakers. In Britain, Holmes says, left-leaning newspapers tend to write positively about renewable energy, while more conservative, Tory-favoring news outlets give far more negative coverage. Overall, negative coverage of renewable energy more than doubles the amount of positive coverage in the British press. In Britain, the “lopsided” coverage is largely driven by nuclear power advocates who fear competition from wind power.
Myth: Renewable Energy Industries Cause Job Losses - Lovins cites the October 2012 claim by a Washington Post opinion columnist that subsidies for green energy do not create jobs, where the columnist cited Germany as an example of his assertion (see October 15, 2012). He cites data from a German study debunking the Post claim, showing that Germany’s renewable energy sector created over 380,000 jobs in 2011 alone and was continuing to create more jobs each year. Lovins writes, “More jobs have been created than lost in Germany’s energy sector—plus any jobs gained as heavy industry moves to Germany for its competitive electricity.” He writes that “a myth persists that countries lose more jobs then they gain when they transition to renewables.” He calls this claim an “upside-down fantasy” promulgated by a faulty study released by King Juan Carlos University in Spain in 2009 and written by an economist with reported ties to ExxonMobil, the conservative Heartland Institute, and the far-right Koch brothers (see August 30, 2010). The study claimed that for every job created in Spain’s renewable energy industry, 2.2 jobs were lost in the general job market. The story is still reported as fact today. But the study was debunked by experts from the National Renewable Energy Laboratory (NREL—see 1977) and the Spanish government. A 2012 study by the International Labour Organization shows that Spain is leading Europe in “green” job creation. Similar claims have been made about the American job market, with right-wing think tanks such as the Cato Institute (also funded by the Koch brothers—see 1977-Present and February 29, 2012) asserting that if people think renewable energy industries will create jobs, “we’re in a lot of trouble.” In reality, the American renewable energy industries created over 110,000 new jobs in 2012; in 2010, the US had more jobs in the “clean economy” than in the fossil-fuel industries.
Disinformation Campaign - Lovins writes that the attacks on the renewable energy industry are too systematic and coordinated to be accidental. Only one out of every 10 articles written about renewable energy had a quote from a spokesperson with the renewable energy industry, according to a recent survey. Retired Vice Admiral Dennis McGinn, head of the American Council on Renewable Energy (ACORE), says that enemies of the renewable energy industries “are dominating the conversation through misrepresentation, exaggeration, distraction, and millions of dollars in lobbying and advertising.” Lovins concludes: “This misleading coverage fuels policy uncertainty and doubt, reducing investment security and industry development. Disinformation hurts the industry and retards its—and our nation’s—progress. As Germany has shown, investing in renewables can grow economies and create jobs while cutting greenhouse gas emissions even in a climate as ‘sunny’ as Seattle. We just have to get the facts right, and insist that our reporters and media tell us the truth, the whole truth, and nothing but the truth.” [Rocky Mountain Institute, 7/31/2013]

Entity Tags: Rocky Mountain Institute, Amory B. Lovins, Cato Institute, International Labour Organization, Shibani Joshi, Tim Holmes, Dennis McGinn, Washington Post

Timeline Tags: US Solar Industry

The Arizona Public Service (APS), Arizona’s largest utility, admits that it paid a national conservative organization, the 60 Plus Association, to run advertisements attacking Arizona’s solar energy industry. APS has previously denied funding the ad campaign (see August 14, 2013). APS is trying to persuade the state’s public utility commission to change a state policy allowing homes and businesses that generate their own solar power to sell the excess energy they generate back to the grid (see July 16, 2013), a practice known as “net metering.” Solar advocates say the policy has helped create an increasing demand for rooftop solar energy equipment. APS has argued that solar energy producers pay less than their fair share for conventionally generated electricity, a popular argument among conservative opponents of solar power (see October 15, 2012) that has been challenged as false and misleading (see April 5, 2013 and July 31, 2013). A recent report showed that the utility companies fear massive loss of revenues in the future as solar power begins to eat into their monopoly on electricity provision in Arizona and other states (see January 2013), in part because most utility companies find it difficult and expensive to modernize their industry (see February 7, 2013). Solar advocates say that the elimination of net metering would essentially “kill rooftop solar in Arizona” (see August 14, 2013). Republican state icon Barry Goldwater Jr. leads a pro-solar organization, TUSK, that many in the conventional utility industry seem to fear. In July 2013, APS spokesman Jim McDonald flatly denied that APS was paying 60 Plus to run the ads, telling a reporter, “No, we are not” funding the ad campaign. But reporting by the Arizona Republic has revealed that APS did pay 60 Plus to run ads attacking the solar industry, as well as paying other groups such as Prosper and perhaps others to engage in similar advertising. McDonald now admits, “It goes through our consultant, but APS money does ultimately fund 60 Plus and Prosper.” McDonald now says he was not lying in July, because “[t]hat was my understanding at the time.” He denies knowing how much APS has paid 60 Plus, Prosper, and perhaps other groups, but says whatever money was spent came from shareholders’ funds and not ratepayer money. He then pivots, saying that the issue is “a phony controversy fueled by opponents who are eager to distract attention from the real substance from the issue.” He adds: “We’re in the middle of a bitter political fight. This is not a battle that we want to fight, but we cannot back down.… [W]e are not going to lie down and get our heads kicked in. We are just not. We are obligated to fight. It is irresponsible to our customers not to fight back.” APS vice president John Hatfield tells another reporter that APS “is contributing money to the nonprofits [60 Plus and Prosper], and potentially other groups through political consultant Sean Noble and his firm, DC London.” McDonald denies that APS is anti-solar, but the ads by 60 Plus are openly hostile to solar energy. Prosper has aired ads attacking both solar energy and Medicaid expansion. Bryan Miller of the Alliance for Solar Choice says: “APS knows how popular solar is. Rather than owning up to their attacks, they set up shady organizations and worked behind them, and lied to the public and regulators for months and months. They owe the public an explanation.” Solar industry officials say that most consumers would not choose to use solar if they did not get credit for the excess energy they give back to APS. Lyndon Rive, the founder and CEO of Solar City, says that most new solar customers are installing the panels with leases, and with their new lower power bill and lease payment, they save from $5 to $10 a month. Any additional cost to solar customers greater than a few dollars would prevent most people from using solar, he says, a claim that other industry experts echo. Goldwater recently told a reporter, “Innovation is happening all around APS, and they are sitting there like an elephant in a mud puddle.” He added: “All of the [utility] commissioners are Republicans and conservatives who believe in [market] choice. They will come down on the side of competition and against APS. They better, or they are in trouble. That’s why we have elections. If we don’t like the job they are doing, we will replace them. The people in the bleachers know a lot more about what’s going on down on the field than we give them credit for.” McDonald says TUSK and other pro-solar groups are merely masquerading as conservatives, and in truth are linked to Democrats and the Obama administration.
60 Plus Funded by Koch Brothers; Ads Link Arizona Solar Industries to Solyndra - 60 Plus, an organization that calls itself a more conservative alternative to the more mainstream AARP, is a lobbying organization funded by oil magnates Charles and David Koch (see 1981-2010). In recent years, 60 Plus has produced ads attacking health care reform using false and misleading claims (see Shortly Before August 10, 2009 and August 11, 2009), and was part of a 2009 push to create “astroturf” (fake grassroots) organizations to attack health care legislation (see August 14, 2009). 60 Plus has led the conservative pushback against TUSK and other pro-solar lobbying and advocacy groups, calling net metering “corporate welfare.” The ads attempt to link Arizona solar energy companies SolarCity and SunRun with Solyndra, the solar manufacturer that went bankrupt in 2011. The two firms have no known connections to Solyndra. One ad shows images of secretive businessmen doing deals outside a corporate jet while the voiceover tells listeners, “California billionaires are getting rich off of your tax dollars.” The Prosper ad made an unsubstantiated claim that every rooftop array “adds $20,000 in costs to customers,” a claim that APS CEO Don Brandt has made since the spring of 2013. 60 Plus is led by Noble, a conservative operator who has been called “the wizard behind the screen” in the Koch’s donor network.
Prosper Founded by Republican Politicians and Staffers - Prosper is led by former Arizona House Speaker Kirk Adams, a Republican, and former staffers for ex-Senator Jon Kyl (R-AZ). Adams denies that Prosper was formed to work on APS’s behalf, and that it is also working to block Arizona’s planned expansion of Medicaid. [Arizona Republic, 10/21/2013; Mother Jones, 10/21/2013; GreenTech, 10/22/2013; Huffington Post, 10/25/2013]

Entity Tags: David Koch, Barry Goldwater Jr., Arizona Republic, Arizona Public Service, 60 Plus Association, Charles Koch, SunRun, Sean Noble, SolarCity, Lyndon Rive, Kirk Adams, John Hatfield, Bryan Miller, Jim McDonald, Prosper, Solyndra Corporation

Timeline Tags: US Solar Industry

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