!! History Commons Alert, Exciting News

Context of 'May 7, 2004: Secret Report on Detainee Treatment Completed by CIA Inspector General'

This is a scalable context timeline. It contains events related to the event May 7, 2004: Secret Report on Detainee Treatment Completed by CIA Inspector General. You can narrow or broaden the context of this timeline by adjusting the zoom level. The lower the scale, the more relevant the items on average will be, while the higher the scale, the less relevant the items, on average, will be.

Page 13 of 13 (1283 events)
previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 | next

Mary Matalin, the former press adviser for then-Vice President Dick Cheney, makes two false statements on CNN: the Bush administration inherited both a failing economy and the 9/11 attacks from the Clinton administration. The US entered a period of steep recession three months after Bush’s first term began, and the 9/11 attacks occurred eight months after Bush took office. On CNN’s State of the Union, Matalin says, “I was there, we inherited a recession from President Clinton, and we inherited the most tragic attack on our own soil in our nation’s history.” A month ago, former Bush administration press secretary Dana Perino made a similar claim about the timing of the 9/11 attacks on Fox News (see November 24, 2009). Lee Fang of the progressive news Web site Think Progress writes of the two statements, “Former Bush administration officials seem intent on misrepresenting history to pretend that the country never suffered its worst terror attack in history under Bush’s watch.” [Media Matters, 12/27/2009; Think Progress, 12/27/2009]

Entity Tags: Clinton administration, Bush administration (43), CNN, Mary Matalin, Richard (“Dick”) Cheney, Lee Fang

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

Las Vegas Review-Journal publisher Sherman Frederick falsely claims that “the two cases of domestic terrorism since 9/11” have taken place “on Obama’s watch.” In recent months, two former Bush administration officials have denied that 9/11 took place during the Bush presidency (see November 24, 2009 and December 27, 2009). The progressive media watchdog Web site Media Matters will write, “Frederick joins [the] list of conservatives denying existence of terrorist attacks under Bush.” Frederick writes: “If this is what it takes to wake up Obama to the evils of this world, then he learned an easy lesson. But tell that to the personnel who lost their lives to terrorism at Fort Hood [referring to the November 9, 2009 mass shooting at Fort Hood, Texas, perpetrated by a Muslim US Army psychiatrist with suspected ties to extremist groups]. Then, as now, the Obama administration fails to swiftly acknowledge the threat. They demur in describing our enemy as radical Muslims. They plan to close the offshore prison for terrorists at Guantanamo Bay and transfer the prisoners to the United States. They give the enemy combatants who killed more than 3,000 people on 9/11 the privilege of a civilian federal trial in New York City when a military tribunal is more appropriate. And for three days our president failed to address his people directly on Abdulmutallab’s failed effort to blow up a commercial flight over Detroit on Christmas Day [referring to Umar Farouk Abdulmutallab, who attempted to detonate an explosive device carried in his underwear on a Northwest Airlines flight—see December 25, 2009]. All of this on top of President Obama’s noticeable refusal to characterize our struggle as a ‘war’ on ‘terror.’ In the wake of fierce criticism, Obama now talks tough about keeping America safe. But in the two cases of domestic terrorism since 9/11—both on Obama’s watch—red flags flew aplenty.” Frederick either forgets or ignores a string of domestic terrorist attacks on US targets during the Bush presidency, including the 2001 anthrax attacks (see September 17-18, 2001, October 5-November 21, 2001, October 6-9, 2001, and October 15, 2001); the attempt to blow up a transatlantic plane by “shoe bomber” Richard Reid, who has ties to al-Qaeda (see December 22, 2001); the 2002 attack on the El Al ticket counter at Los Angeles International Airport, designated by the Justice Department as an official “act of international terrorism”; the 2002 sniper shootings in the Washington, DC, area, carried out by John Allen Muhammed, who was convicted of terrorism charges; and the 2006 attack on the University of North Carolina campus, where a Muslim student struck nine pedestrians in his SUV because, he said, he wanted to “avenge the deaths or murders of Muslims around the world.” [Media Matters, 1/6/2010]

Entity Tags: John Allen Muhammed, Barack Obama, Bush administration (43), Las Vegas Review-Journal, Media Matters, Umar Farouk Abdulmutallab, Richard C. Reid, Sherman Frederick

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

Former New York City Mayor Rudolph Giuliani, a 2008 contender for the Republican presidential nomination, tells an ABC audience that the US experienced “no domestic attacks” during the Bush administration. Giuliani is forgetting, or ignoring, the 9/11 attacks, the most lethal and costly terrorist attacks in US history, a curious omission considering Giuliani was mayor when two hijacked jetliners struck New York City’s World Trade Center buildings on September 11, 2001, eight months into the Bush administration. In recent months, two former Bush administration officials have also denied that 9/11 took place during the Bush presidency (see November 24, 2009 and December 27, 2009), as has a Nevada newspaper publisher just days ago (see January 3, 2010). Good Morning America host George Stephanopoulos begins by asking Giuliani about his opposition to trying suspected terrorists in civilian courts instead of in military tribunals (see November 13, 2001 and January 29, 2009). Giuliani asks “why stop” torturing suspects instead of putting them on trial, saying that the US may continue to get “good information” from them, presumably about plans for future terrorist attacks. Giuliani says that while Bush “didn’t do everything right” in the “war on terror,” what Obama “should be doing is following the right things [Bush] did. One of the right things he did was treat this as a war on terror, we had no domestic attacks under Bush, we had one under Obama.” Stephanopoulos notes that Obama has “stepped up” actions against terrorists, but does not correct Giuliani’s claim that the US “had no domestic attacks under Bush.” [Media Matters, 1/8/2010]

Entity Tags: Barack Obama, ABC News, George Stephanopoulos, Bush administration (43), Rudolph (“Rudy”) Giuliani

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

The press reports that the US Chamber of Commerce and other lobbying organizations are the biggest winners in the controversial Citizens United decision by the US Supreme Court (see January 21, 2010), which allows corporations and labor unions to spend unrestricted amounts of money in support of, or opposition to, federal candidates. The Chamber of Commerce spends more on promoting Republican and conservative candidates than almost any other organization outside of the Republican Party itself. Other trade organizations, which tend to support Republicans, will almost certainly up their spending on behalf of their candidates, or in opposition to Democrats, according to experts interviewed by reporters, as will most corporations.
Unrestrained Spending to Favor Republicans - Democratic lawyer Marc Elias says: “It is a sweeping decision. In one opinion, the Court struck down all bans on corporate independent spending.” GOP lawyer Robert Kelner says that the ruling “will reflect a huge sea-change in campaign finance law. The Court went all the way. It really relieves any restrictions on corporate spending on independent advertising.” Another GOP lawyer, Ben Ginsberg, says: “It’s going to be the Wild Wild West. If corporations and unions can give unlimited amounts… it means that the public debate is significantly changed with a lot more voices, and it means that the loudest voices are going to be corporations and unions.” Former Federal Elections Commission member Brad Smith says, “This case will lead to more spending, I think, in political elections.” Lawrence M. Noble, the former general counsel for the FEC, says a lobbyist can tell a candidate, “We have got a million we can spend advertising for you or against you—whichever one you want.” Political science professor Robert Watson, who has consulted with Democratic campaigns, says: “It’s a game changer. And the last thing we need is for major corporations and nonprofits to have unlimited access to buy their members of Congress.” The New York Times writes: “It is expected to unleash a torrent of attack advertisements from outside groups aiming to sway voters, without any candidate having to take the criticism for dirty campaigning. The biggest beneficiaries might be well-placed incumbents whose favor companies and interests groups are eager to court. It could also have a big impact on state and local governments, where a few million dollars can have more influence on elections.” The National Journal states: “Over the long run, the ruling is likely to favor GOPers more than it does Dems. While it does apply to unions and corporations equally, Elias said the presumption is that corporations have more money to spend.” Major corporations will not openly run their own advertising, Kelner says, but they will funnel millions into trade associations such as the Chamber of Commerce. “If people think that individual companies are going to go out and buy ads, there may be some of that, but for the most part companies are going to flow this money through trade groups and other outside groups,” Kelner says. “This will open the floodgates for money flowing through groups like the US Chamber of Commerce and other associations [that] spend money on political advertising.… There was always a cloud of doubt around outside groups and trade associations, and this lifts those clouds of doubt and leaves behind clear skies.” Former Democratic National Committee (DNC) general counsel Joe Sandler says the ruling may open the door for more attacks on incumbents by corporate and other entities eager to spend money to ease them out. “You will see more sharp-edged, candidate-specific ads on the air closer to the election,” Sandler says. “That could make it more difficult for incumbents to take tough votes in an election year.” [Palm Beach Post, 1/21/2010; National Journal, 1/21/2010; New York Times, 1/21/2010] Think Progress, the liberal news Web site affiliated with the Center for American Progress, writes, “The ruling is a giant win for the US Chamber of Commerce and the big corporations, which tend to donate heavily to Republicans.” [Think Progress, 1/22/2010]
Citizens the Real Losers? - Paul Ryan of the Campaign Legal Center calls the ruling a complete loss for citizens, saying: “[T]he Supreme Court majority declared that corporate speech trumps the rights of American voters to government free of corporate corruption. The Court has nominally upheld campaign finance disclosure requirements applicable to corporations, but I think time will prove that those disclosure requirements are largely ineffective when dealing with contributions.” Brad Ashwell of the Florida Public Interest Research Group calls the ruling a “shocking burst of judicial activism.” Senator Russ Feingold (D-WI) calls the ruling “a terrible mistake,” and says the Court “chose to roll back laws that have limited the role of corporate money in federal elections since Teddy Roosevelt was president. Ignoring important principles of judicial restraint and respect for precedent, the Court has given corporate money a breathtaking new role in federal campaigns.” Feingold and other Congressional Democrats want to pass legislation that would curb the decision as soon as feasible. [Palm Beach Post, 1/21/2010; National Journal, 1/21/2010; New York Times, 1/21/2010]
Republicans Celebrate Victory for Free Speech, Say Decision Will 'Level Out' Spending - But Marco Rubio (R-FL), running for Florida’s open Senate seat, says, “Today’s Supreme Court ruling is a victory for those who truly value the freedoms outlined in our First Amendment.” And Republican consultant Ed Brookover, who represents Republican House candidate Allen West (R-FL), says he believes spending from liberal groups such as MoveOn.org will equal spending by corporations, and “level out” spending for the two parties. [Palm Beach Post, 1/21/2010; National Journal, 1/21/2010]
President Critical of Decision - President Obama speaks out against the decision (see January 21, 2010).

Entity Tags: Joseph Sandler, Bradley A. (“Brad”) Smith, US Supreme Court, Ed Brookover, Brad Ashwell, Ben Ginsberg, Barack Obama, Think Progress (.org), Russell D. Feingold, US Chamber of Commerce, Robert Kelner, Robert Watson, New York Times, Marc Elias, Lawrence M. Noble, Republican Party, Marco Rubio, National Journal, Paul S. Ryan

Timeline Tags: Civil Liberties

Supreme Court Justice Samuel Alito listens to President Obama’s State of the Union address.Supreme Court Justice Samuel Alito listens to President Obama’s State of the Union address. [Source: Renovo Media]President Obama sharply criticizes the recent Citizens United decision by the Supreme Court, giving corporations and unions the right to give unlimited and anonymous donations to organizations supporting or opposing political candidates (see January 21, 2010), during the annual State of the Union address. Obama gives the address to a joint session of Congress, with three Supreme Court members in attendance. “With all due deference to the separation of powers,” Obama says, “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. I don’t think American elections should be bankrolled by America’s most powerful interests or, worse, by foreign entities. They should be decided by the American people. And I urge Democrats and Republicans to pass a bill that helps correct some of these problems.” Democrats in the chamber applaud Obama’s remarks, while Republicans do not. In his response, Justice Samuel Alito, one of the five conservatives on the Court who joined in the majority decision, shakes his head and mouths, “Not true, not true” (some lip readers will later claim that Alito says, “That’s not true”). It is highly unusual for a president to so directly criticize a Supreme Court ruling, especially in a State of the Union address. The next day, Vice President Joe Biden defends Obama’s remarks in an appearance on Good Morning America. Biden says: “The president didn’t question the integrity of the court. He questioned the judgment of it. I think [the ruling] was dead wrong and we have to correct it.” Supreme Court expert Lucas A. Powe says, “I can’t ever recall a president taking a swipe at the Supreme Court like that.” Experts say that the closest precedent they can find is President Franklin Roosevelt’s 1937 criticism of the Court in his address to Congress. Yale law professor Jack Balkin says, “The important thing to me is that the president thinks the Citizens United decision is important enough that he would include it.” Reactions are split along ideological lines. Senator Orrin Hatch (R-UT) calls Obama “rude” to criticize the Court’s verdict. Senator Russ Feingold (D-WI) calls Alito’s reaction “inappropriate.” Legal expert Barbara A. Perry of Sweet Briar College says both Obama and Alito were in the wrong, calling the interaction “an unfortunate display for both branches.” White House deputy press secretary Bill Burton says: “One of the great things about our democracy is that powerful members of the government at high levels can disagree in public and in private. This is one of those cases.” Alito refuses to comment. Alito and Obama have a contentious history. As a senator, Obama was one of the most outspoken voices against Alito’s confirmation as a Supreme Court justice (see October 31, 2005 - February 1, 2006), saying then of Alito, “[W]hen you look at his record—when it comes to his understanding of the Constitution, I have found that in almost every case, he consistently sides on behalf of the powerful against the powerless; on behalf of a strong government or corporation against upholding American’s individual rights.” For his part, Alito snubbed the formal visit paid by Obama and Biden to the Court. [New York Daily News, 1/28/2010; Washington Post, 1/28/2010] Months later, Obama’s warning will be proven to be correct, as a media investigation will show the US Chamber of Commerce using foreign monies to fund attack ads and other political activities under the cloak of the Citizens United decision (see October 2010).

Entity Tags: Jack Balkin, Barbara A. Perry, Barack Obama, Franklin Delano Roosevelt, US Congress, US Supreme Court, Samuel Alito, Orrin Hatch, Lucas A. (“Scot”) Powe, Joseph Biden, US Chamber of Commerce, Russell D. Feingold, Bill Burton

Timeline Tags: Civil Liberties

The US Department of Justice’s Office of Professional Responsibility refuses to refer two former Bush administration officials to authorities for criminal or civil charges regarding their authorizations of the torture of suspected terrorists (see Before April 22, 2009). John C. Yoo and Jay S. Bybee, two senior officials in the DOJ’s Office of Legal Counsel, provided the legal groundwork that allowed American interrogators to use sleep deprivation, waterboarding, and other torture methods against terror suspects (see Late September 2001, January 9, 2002, and August 1, 2002). The report finds that Yoo and Bybee, along with former OLC head Steven Bradbury, exhibited “poor judgment” in their actions. The OPR refuses to make the report’s conclusions public. It is known that senior Justice Department official David Margolis made the decision not to refer Yoo and Bybee for legal sanctions. [Office of Professional Responsibility, US Department of Justice, 7/29/2009 pdf file; Washington Post, 1/31/2010]

Entity Tags: John C. Yoo, Bush administration (43), David Margolis, Jay S. Bybee, Office of Professional Responsibility, US Department of Justice, Steven Bradbury, Office of Legal Counsel (DOJ)

Timeline Tags: Torture of US Captives

WikiLeaks publishes a 2008 Pentagon report about itself. The report was recently leaked to WikiLeaks, but was drafted after WikiLeaks began publishing US Army information and analysed the apparent threat the organization posed to the Defense Department (see 2008). The Army confirms the document’s authenticity. WikiLeaks founder Julian Assange makes light of the report’s speculation that his organization is supported by the CIA. “I only wish they would step forward with a check if that’s the case,” he says. [New York Times, 3/17/2010]

Entity Tags: Julian Assange, WikiLeaks, US Department of Defense

Timeline Tags: Misc Entries, Domestic Propaganda

A US District Court judge awards damages in a lawsuit, finding the NSA illegally monitored the calls of the plaintiffs. The Al Haramain Islamic Foundation and two of its lawyers, Wendell Belew and Asim Ghafoor, sued the US government in 2006 based on evidence that their calls had been monitored; the US Treasury Department inadvertently provided them with an NSA log in August 2004 showing their calls had been monitored in May of that year (see February 28, 2006). In defending against the suit, the Justice Department argued, first under President Bush and then under President Obama, that the case should be dismissed based on the government’s invocation of the state secrets privilege (see March 9, 1953) concerning the NSA log, and that the plaintiffs could not otherwise demonstrate that surveillance had occurred, meaning the plaintiffs had no standing to bring suit. Judge Vaughn Walker rejected these arguments, noting that the plaintiffs had introduced into evidence a speech posted on FBI’s Web site by FBI Deputy Director John Pistole to the American Bankers Association (ABA), in which he said that surveillance had been used to develop a case by the Office of Foreign Assets Control (OFAC) against Al-Haramain, and Congressional testimony by Bush administration officials that disclosed the manner in which electronic surveillance was conducted. In the summary of his decision, Vaughn wrote, “[The Foreign Intelligence Surveillance Act] FISA takes precedence over the state secrets privilege in this case,” and “defendants have failed to meet their burden to [provide] evidence that a FISA warrant was obtained, that plaintiffs were not surveilled or that the surveillance was otherwise lawful.” [Al-Haramain v. Obama, 3/31/2010; Washington Post, 4/1/2010, pp. A04]

Entity Tags: George W. Bush, Asim Ghafoor, Anthony J. Coppolino, Alberto R. Gonzales, Al Haramain Islamic Foundation (Oregon branch), “Justice Department”, Barack Obama, Federal Bureau of Investigation, Robert S. Mueller III, Suliman al-Buthe, Keith Alexander, Eric Holder, US Department of the Treasury, Wendell Belew, Vaughn Walker, National Security Agency

Timeline Tags: Civil Liberties

Attorney Karl Crow, one of the leaders of the Themis project.Attorney Karl Crow, one of the leaders of the Themis project. [Source: Little Sis (.org)]Charles and David Koch, the oil billionaires who are behind the conservative tea party movement (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 and October 4, 2011), begin to build a huge, nationwide database of conservative voters that they intend to use to drive conservative votes in elections, beginning with the 2012 Republican primaries and on to the November 2012 general presidential election. The database is nicknamed “Themis,” after the Greek goddess of divine law and order who imposes order on human affairs. According to The Guardian’s Ed Pilkington, “the Koch brothers are close to launching a nationwide database connecting millions of Americans who share their anti-government and libertarian views, a move that will further enhance the tycoons’ political influence and that could prove significant in next year’s presidential election.” Pilkington writes that Themis will bring together “the vast network of alliances” the brothers have formed over the last 20 years. [Politico, 10/10/2011; Guardian, 11/7/2011] Patrick Glennon of In These Times writes: “Email lists, phone numbers, and other contact information from disperse sources will merge into a comprehensive and streamlined political weapon. Purportedly, the database will also include extensive information relating to occupation and income levels, useful details for targeted fundraising initiatives.” [Politico, 10/10/2011] The database begins in April 2010, and is expected to be completed and functional by the end of 2011. Few details of the project are known; development leader Karl Crow, a Washington lawyer and longtime Koch advisor, refuses to speak about it, as do media representatives of Koch Industries. A member of a Koch affiliate organization who specializes in the political uses of new technology says in November 2011 that the project is almost ready to go live: “They are doing a lot of analysis and testing. Finally they’re getting Themis off the ground.” The project is intended to, Pilkington writes, “bring together information from a plethora of right-wing groups, tea party organizations, and conservative-leaning thinktanks. Each one has valuable data on their membership—including personal email addresses and phone numbers, as well as more general information useful to political campaign strategists such as occupation, income bracket, and so on. By pooling the information, the hope is to create a data resource that is far more potent than the sum of its parts. Themis will in effect become an electoral roll of right-wing America, allowing the Koch brothers to further enhance their power base in a way that is sympathetic to, but wholly independent of, the Republican Party.” The specialist tells Pilkington, “This will take time to fully realize, but it has the potential to become a very powerful tool in 2012 and beyond.” Themis is modeled in part on a project called Catalyst, a voter list that compiled and shared data about progressive groups and campaigns (see Late 2004 and After) and helped Democrats regain momentum after the 2004 defeat of presidential candidate John Kerry (D-MA). [Politico, 10/10/2011; Guardian, 11/7/2011; In These Times, 11/8/2011] The 2008 Obama campaign used social media outreach techniques to augment Catalyst’s database. Themis apparently incorporates many of those social-media and other interactive features in its construction. [The Kernel, 12/19/2011] Josh Hendler, the former director of technology of the Democratic National Committee (DNC), tells Pilkington that Themis could do for the GOP what Catalyst helped do for the Democrats. “This increases the Koch brothers’ reach,” he says. “It will allow them to become even greater coordinators than they are already—with this resource they become a natural center of gravity for conservatives.” Mary Boyle of the political watchdog group Common Cause says of the reclusive brothers, “What makes them unique is that they are not just campaign contributors; they are a vast political network in their own right.” Themis will only deepen the Koch brothers’ control of American right-wing politics, Pilkington observes. Politico’s Kenneth Vogel writes that the Kochs intend to spend at least $200 million in 2012 on the Republican presidential campaign and other related activities. Pilkington writes: “Their potential to sway the electorate through the sheer scale of their spending has been greatly enhanced by Citizens United, last year’s controversial ruling by the US Supreme Court that opened the floodgates to corporate donations in political campaigns. The ruling allows companies to throw unlimited sums to back their chosen candidates, without having to disclose their spending. That makes 2012 the first Citizens United presidential election, and in turn offers rich pickings to the Koch brothers.” Themis will help the Kochs “micro-target” voters and potential fundraisers. Pilkington writes that it is reasonable to assume that Koch-funded lobbying organizations such as Americans for Prosperity and FreedomWorks are part of Themis, as are Koch-funded think tanks such as the Heritage Foundation. “Between them, they have tentacles that extend to millions of voters,” Pilkington writes. Liberal reporter and blogger Lee Fang says the impact of Themis and the Koch funding on the 2012 presidential campaign will be immense: “This will be the first major election where most of the data and the organizing will be done outside the party nexus. The Kochs have the potential to outspend and out-perform the Republican Party and even the successful Republican candidate.” [Politico, 10/10/2011; Guardian, 11/7/2011; In These Times, 11/8/2011]

Entity Tags: Charles Koch, 2008 Obama presidential election campaign, Ed Pilkington, Americans for Prosperity, Catalyst, David Koch, Themis, Republican Party, Karl Crow, Josh Hendler, Patrick Glennon, Kenneth Vogel, Lee Fang, Mary Boyle, John Kerry, FreedomWorks

Timeline Tags: Civil Liberties, 2012 Elections

The exterior of the St. Regis Resort in Aspen, Colorado.The exterior of the St. Regis Resort in Aspen, Colorado. [Source: Real Aspen (.com)]The reclusive but highly influential Charles Koch, of the Koch brothers oil empire (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, and July 3-4, 2010), holds a private meeting with some 200 wealthy financial and political figures at the exclusive St. Regis Resort in Aspen, Colorado. The meeting is designed to bring the participants together to combat what Koch calls “the threats posed to American freedom and prosperity” by Democrats and the Obama administration. To that end, many of the sessions in the two-day event target methods and plans to influence and manipulate the upcoming 2010 midterm elections. The meeting is highly secretive, with participants warned not to discuss the proceedings with anyone, especially members of the media, but in August, the liberal news Web site Think Progress will obtain a copy of a September 2010 memo from Koch that contains the June 2010 event program. The various events include:
bullet a seminar on “The Bankrupting of America”;
bullet a seminar on the “regulatory assault” on environmental concerns and how to further business goals by defeating environmental regulations;
bullet a seminar on how to influence universities and colleges to “advance liberty”;
bullet a seminar on how to “micro-target” the electorate in order to win elections for conservative Republican candidates;
bullet a seminar on “The Threats to American Freedom and Prosperity” conducted by Koch himself;
bullet “Understanding the Threats We Face,” a seminar moderated by Wall Street Journal reporter Stephen Moore (see May 6, 2006), Ramesh Ponnuru of the National Review, Phil Kerpen of Americans for Prosperity (AFP—see Late 2004), and Peter Wallinson of the far-right American Enterprise Institute (AEI);
bullet a seminar on “An Integrated Strategy to Face These Threats,” moderated by Koch’s senior assistant Richard Fink;
bullet an evening address, “Is America On the Road to Serfdom?” by former Fox News talk show host Glenn Beck;
bullet a seminar, “We’re Spending Too Much,” on how to lower government spending, conducted by Russ Roberts of the far-right libertarian Mercatus Center;
bullet a seminar, “Understanding This Year’s Electorate,” by journalist and AEI fellow Michael Barone;
bullet a follow-up seminar on how to “Fram[e] the Debate on Spending” for the elections, moderated by members of AEI and the Mercatus Center;
bullet a seminar, “Mobilizing Citizens for November,” featuring Tim Phillips, the head of AFP (see August 6, 2009) and Karl Crow, the head of Themis, the Koch-funded computer database being used in “micro-targeting” voters (see April 2010 and After);
bullet a seminar hosted by Arthur Brooks of AEI on how to frame the “fight” as one between “free enterprise and Big Government”;
bullet a seminar on how best to target participants’ philanthropic gifting;
bullet a seminar on “reforming” K-12 public and charter schools;
bullet a seminar on impacting judicial elections in several key states;
bullet a seminar on transitioning from the 2010 elections to the 2012 presidential elections and how “supporters of economic freedom” can “start planning today” for that election;
bullet a final evening address, “What’s Ahead for America?” by noted neoconservative columnist and Fox News pundit Charles Krauthammer.
The event features David Chavern, a senior official at the US Chamber of Commerce, one of the entities contributing the most funding to conservative political organizations (see August 2, 2010, September 13-16, 2010, and October 2010). Think Progress’s Lee Fang will write: “In an election season with the most undisclosed secret corporate giving since the Watergate-era, the memo sheds light on the symbiotic relationship between extremely profitable, multi-billion dollar corporations and much of the conservative infrastructure. The memo describes the prospective corporate donors as ‘investors,’ and it makes clear that many of the Republican operatives managing shadowy, undisclosed fronts running attack ads against Democrats were involved in the Koch’s election-planning event.” Many of the “investors” listed as attending or participating in the events include executives from health care corporations; executives from fast-food and other food-industry executives who have fought against providing health insurance to their employees; an array of banking and financial executives; and a number of energy industry executives. Fred Malek, who serves as the top fundraiser for a $56 million attack ad campaign against Democrats (see Mid-October 2010), attends, as does Heather Higgins of the Independent Women’s Forum, another organization that has spent millions opposing health-care reform. Many of the election-focused seminars address how to take advantage of the Citizens United ruling that lifted restrictions on corporate election spending (see January 21, 2010). The Aspen meeting, as with earlier meetings, is managed by Kevin Gentry, a Koch Industries executive and Washington lobbyist. [Think Progress, 8/23/2010; Koch, 9/24/2010 pdf file]

Entity Tags: David Chavern, Tim Phillips, Stephen Moore, St. Regis Resort, Glenn Beck, Charles Koch, Arthur Brooks, Fred Malek, Charles Krauthammer, Russ Roberts, Think Progress (.org), Ramesh Ponnuru, Kevin Gentry, Richard Fink, Heather Higgins, Lee Fang, Karl Crow, Obama administration, Phil Kerpen, Michael Barone, Peter Wallinson

Timeline Tags: Civil Liberties

US Chamber of Commerce President and CEO Thomas Donahue blasts Senate Democrats for attempting to pass the DISCLOSE Act, which, if approved by Congress and signed into law by President Obama, would force the disclosure of the identities of corporate political donors. The DISCLOSE Act was proposed by Congressional Democrats in response to 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). The USCOC, a trade organization that spends heavily on Republican causes, is one of the “independent” organizations that would be most affected by the DISCLOSE Act (see January 21-22, 2010). Donahue, whose organization is lobbying members of Congress against the bill, says that the bill would infringe upon constitutional guarantees of free speech (see January 21, 2010) because it requires donors to state publicly their political positions, which not every organization or individual wishes to do. “The fact that this assault to the First Amendment is being considered as millions are desperately looking for work is a complete outrage,” Donahue says in a statement. “Despite their best efforts, there is no back room dark enough, no partisan motive strong enough, and no cynicism profound enough to barter away Americans’ freedom of speech.” [The Hill, 7/26/2010] Senate Republicans will successfully block the bill from coming to a vote (see July 26-27, 2010).

Entity Tags: US Chamber of Commerce, Barack Obama, DISCLOSE Act of 2010, Thomas Donahue, US Supreme Court, US Congress

Timeline Tags: Civil Liberties

Democrats are aghast at the amount of corporate spending they expect to be used against them in the 2010 elections, according to media reports. The US Chamber of Commerce (see September 20, 2010, September 30, 2010, and October 2010) projects that it will spend $75 million this year, over double its spending of $35 million in 2008, to oppose Democrats running for federal and state office. USCoC officials say that spending could go even higher. Other organizations, such as American Crossroads, a right-wing political group headed by former Bush political advisor Karl Rove (see September 20, 2010 and February 21, 2012), are on track to raise and spend tens of millions, again to fund political activities designed to prevent Democrats from being elected. A report circulating among Democratic Congressional leaders says that some $300 million has been raised for the 2010 campaign, all coming from 15 conservative tax-exempt organizations. Sheila Krumholz of the Center for Responsive Politics says: “A commitment of $300 million from just 15 organizations is a huge amount, putting them in record territory for groups on the right or left. With control of Congress hanging in the balance, this kind of spending could have a major impact.” Chris Van Hollen (D-MD), chairman of the Democratic Congressional Campaign Committee (DCCC), says the amount of corporate funding for Republican political activities is “raising the alarm bell.” The DCCC spent $177 million in all of 2008’s Congressional races. Labor unions and other groups allied with Democrats plan heavy spending of their own, but nothing to compare to conservative corporate funding. The Service Employees International Union (SEIU), for example, plans to spend $44 million on election-related spending this year. Political scientist Anthony J. Corrado Jr. says: “What we are seeing is that major businesses and industries are taking advantage of the recent court ruling and favorable political environment. They are already committing substantially more money than they have in any previous election cycles.” Corrado is referring to the controversial Citizens United Supreme Court decision (see January 21, 2010) that has overturned almost a century’s worth of campaign spending limitations. USCoC officials also point to a 2007 Supreme Court ruling that overturned the ban on political issue advertising by corporations and labor unions close to an election (see June 25, 2007). The Los Angeles Times reports that the heavy corporate fundraising for Republican political interests is driven largely by corporate opposition to the Democrats’ focus on health care reform, and a bill passed in July that established stricter government monitoring and regulation of the financial system. Roger Nicholson of the International Coal Group, a mining company, recently wrote to fellow executives urging them to contribute money to defeat the “fiercely anti-coal Democrats” in Washington, specifically targeting a number of Democrats in Kentucky and West Virginia. Five of the largest health insurers, including Aetna, Cigna, and United HealthCare, are banding together to create and fund a new nonprofit group to help influence elections. The group has not yet been formed, but reports say that it will spend some $20 million to defeat Democrats. [Los Angeles Times, 8/2/2010]

Entity Tags: Karl C. Rove, Anthony J. Corrado Jr., American Crossroads, Aetna, Chris Van Hollen, International Coal Group, Service Employees International Union, US Supreme Court, Los Angeles Times, Roger Nicholson, UnitedHealth Group, Cigna, US Chamber of Commerce, Sheila Krumholz

Timeline Tags: Civil Liberties, 2010 Elections

Liberal New York Times columnist Frank Rich writes an op-ed focusing on the billionaire Koch brothers (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, 1997, Late 2004, August 5, 2009, November 2009, July 3-4, 2010, August 30, 2010, and October 4, 2011), the oil magnates who are the driving force behind the tea party movement. Rich writes that “even those carrying the Kochs’ banner may not know who these brothers are.” Rich, using information from historian Kim Phillips-Fein’s book Invisible Hands, notes that the Kochs are the latest in a long line of behind-the-scenes corporate manipulators “who have financed the far right (see September 2010 and August 17, 2011) ever since the du Pont brothers spawned the American Liberty League in 1934 to bring down” the Roosevelt administration (see August 23, 1934 and After). “You can draw a straight line from the Liberty League’s crusade against the New Deal ‘socialism’ of Social Security, the Securities and Exchange Commission, and child labor laws to the John Birch Society-Barry Goldwater assault on [the Kennedy administration] and Medicare (see 1962 and November 1963) to the Koch-Murdoch-backed juggernaut against our ‘socialist’ president,” Rich writes. “Only the fat cats change—not their methods and not their pet bugaboos (taxes, corporate regulation, organized labor, and government ‘handouts’ to the poor, unemployed, ill, and elderly). Even the sources of their fortunes remain fairly constant. Koch Industries began with oil in the 1930s and now also spews an array of industrial products, from Dixie cups to Lycra, not unlike DuPont’s portfolio of paint and plastics. Sometimes the biological DNA persists as well. The Koch brothers’ father, Fred (see 1940 and After), was among the select group chosen to serve on the Birch Society’s top governing body. In a recorded 1963 speech that survives in a University of Michigan archive, he can be heard warning of ‘a takeover’ of America in which Communists would ‘infiltrate the highest offices of government in the US until the president is a Communist, unknown to the rest of us.’ That rant could be delivered as is at any tea party rally today.” Rich also focuses on 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), one of the two “major sponsor[s]” of the tea party movement, along with 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). Both FreedomWorks and AFP are heavily funded by the Koch brothers. Rich writes: “Tea partiers may share the Kochs’ detestation of taxes, big government, and [President] Obama. But there’s a difference between mainstream conservatism and a fringe agenda that tilts completely toward big business, whether on Wall Street or in the Gulf of Mexico, while dismantling fundamental government safety nets designed to protect the unemployed, public health, workplace safety, and the subsistence of the elderly.” Rich writes that the Koch brothers’ agenda is “inexorably… morphing into the GOP agenda,” and points to Republican luminaries such as incoming House Speaker John Boehner (R-MO) and tea party candidates such as Rand Paul (see March 27, 2010, May 17, 2010, October 25, 2010 and After, October 26, 2010 and November 10, 2010), Sharron Angle (see January 2010, Mid-May, 2010, Mid-June 2010, June 16, 2010 and September 18, 2010), and Joe Miller (see July 19, 2010, July 23, 2010, October 17, 2010, October 17, 2010 and October 18, 2010). “The Koch brothers must be laughing all the way to the bank knowing that working Americans are aiding and abetting their selfish interests,” Rich concludes. [New York Times, 8/28/2010]

Entity Tags: Rand Paul, Koch Industries, Sharron Angle, Joseph Wayne (“Joe”) Miller, Kim Phillips-Fein, John Birch Society, Barack Obama, Americans for Prosperity, American Liberty League, Charles Koch, John Boehner, David Koch, Fred Koch, FreedomWorks, Frank Rich

Timeline Tags: Domestic Propaganda

Charles and David Koch.Charles and David Koch. [Source: PRWatch (.org)]The New Yorker publishes a lengthy analysis of the Koch (pronounced “coke”) financial empire, and its long-time financial support for right-wing causes (see 1981-2010). The article, written by investigative reporter Jane Mayer, shows that Koch Industries, led by brothers David and Charles Koch, has donated over $250 million to Republican and conservative politicians and organizations since the mid-1990s. The Koch brothers are also well-known philanthropists, having given millions to New York City’s Metropolitan Opera, $100 million to the Lincoln Center’s New York State Theatre building, $40 million to the Sloan-Kettering Cancer Center, $20 million to the American Museum of Natural History, and $10 million to the Metropolitan Museum of Art.
Second-Largest Private Industry in US - Koch Industries, a $100 billion conglomerate, garners most of its profits from oil refineries and associated interests; it owns the firms that manufacture Brawny paper towels, Dixie cups, Georgia-Pacific lumber and paper products, Stainmaster carpet, and Lycra fabric. Koch Industries is the second largest private company in the US after Cargill, and taken together, the Koch brothers’ fortune of some $35 billion places them just behind Microsoft’s Bill Gates and Wall Street financier Warren Buffett as the nation’s richest people.
Longtime Libertarians - Personally, the Koch brothers espouse a libertarian philosophy—drastic reductions in corporate and personal taxes, huge cuts in government expenditures on social services, and widespread deregulation of industry, particularly environmental. Koch Industries was recently listed in the top 10 of US air polluters, and has for years funded organizations that oppose climate change, giving even more than ExxonMobil to organizations, foundations, and think tanks that work to derail or overturn climate change legislation. Koch funds so many different organizations that oppose various initiatives of the Obama administration that Washington insiders call the Koch ideological network the “Kochtopus.” While the Koch brothers have protested being characterized as major supporters of the right-wing agenda—David Koch has complained that the “radical press” is intent on making him and his brother into “whipping boys”—Charles Lewis, the founder of the Center for Public Integrity, says: “The Kochs are on a whole different level. There’s no one else who has spent this much money. The sheer dimension of it is what sets them apart. They have a pattern of lawbreaking, political manipulation, and obfuscation. I’ve been in Washington since Watergate, and I’ve never seen anything like it. They are the Standard Oil of our times.” The Kochs have embraced the pure free-market ideology of economist Friedrich von Hayek, who argued that any form of centralized government would lead to totalitarianism and that only complete, unregulated capitalism could ensure freedom. Many “tea party” supporters, such as Fox News host Glenn Beck, have openly embraced von Hayek’s ideals.
Inculcated Ideals of Anti-Communist Father - Both brothers are steeped in the anti-Communist, anti-government, minority-disparaging views of their father, Koch Industries co-founder Fred Koch (see 1940 and After).
Using the 'Tea Parties' - Conservative economist Bruce Bartlett, who has worked at a Koch-funded think tank, says that the Kochs are playing on the anti-government fervor of the “tea parties” to further their pro-business, libertarian agenda. “The problem with the whole libertarian movement is that it’s been all chiefs and no Indians,” Bartlett says. “There haven’t been any actual people, like voters, who give a crap about it. So the problem for the Kochs has been trying to create a movement.” With the emergence of the “tea parties,” Bartlett says, “everyone suddenly sees that for the first time there are Indians out there—people who can provide real ideological power. [The Kochs are] trying to shape and control and channel the populist uprising into their own policies.” A Republican campaign consultant who has worked for the Kochs says of the tea party movement: “The Koch brothers gave the money that founded it. It’s like they put the seeds in the ground. Then the rainstorm comes, and the frogs come out of the mud—and they’re our candidates!” The consultant says that the Kochs keep an extremely low profile, in part to avoid accusations that they are funding an “astroturf” movement (see April 15, 2009). A former Koch adviser says: “They’re smart. This right-wing, redneck stuff works for them. They see this as a way to get things done without getting dirty themselves.” Democratic political strategist Rob Stein, who has studied the conservative movement’s finances, says the Kochs are “at the epicenter of the anti-Obama movement. But it’s not just about Obama. They would have done the same to Hillary Clinton. They did the same with Bill Clinton. They are out to destroy progressivism.” Since a 2009 rally attended by David Koch (see November 2009), the brothers have all but explicitly endorsed the tea party movement, with David Koch praising it for demonstrating the “powerful visceral hostility in the body politic against the massive increase in government power, the massive efforts to socialize this country.” Echoing the sentiments of many tea party leaders, Charles Koch said in a newsletter sent out to Koch Industry employees that President Obama is comparable to Venezuelan strongman Hugo Chavez.
Strategy - Charles Koch told a reporter that “[t]o bring about social change” requires “a strategy” that is “vertically and horizontally integrated,” spanning “from idea creation to policy development to education to grassroots organizations to lobbying to litigation to political action.… We have a radical philosophy.” The Kochs launched their first “think tank,” the libertarian Cato Institute, in 1977 (see 1977-Present), which has been effective in promoting corporate tax cuts, deregulation, cuts in social spending, and in opposing governmental initiatives to combat climate change. Other Koch-funded institutes such as the Heritage Foundation and the Independent Women’s Forum have also publicly opposed efforts to combat climate change. History professor Naomi Oreskes, the author of a book, Merchants of Doubt, that chronicles attempts by American industries to manipulate public opinion on science, says that the Kochs have a vested interest in keeping the government from addressing climate change. “If the answer is to phase out fossil fuels,” she says, “a different group of people are going to be making money, so we shouldn’t be surprised that they’re fighting tooth and nail.” David Koch has said that though he doesn’t believe that any global warming effects have been caused by human activities, if indeed the globe is warming, it will benefit society by lengthening growing seasons in the Northern Hemisphere. Several years after founding Cato, the Kochs provided millions in funding to the Mercatus Center at George Mason University in Arlington, Virginia, which Stein describes as “ground zero for deregulation policy in Washington.” Mercatus is headed by Richard Fink, a Koch Industries lobbyist and president of several Koch-funded foundations. Mayer describes Fink as the chief political lieutenant of the Koch brothers. Mercatus was quite successful at having the Bush administration adopt a number of its deregulatory strategies, particularly environmental deregulation. Like Cato, critics of Mercatus accuse it of serving the brothers’ corporate needs while hiding behind the facade of a nonpartisan academic organization. “Ideas don’t happen on their own,” says Matt Kibbe, the president of FreedomWorks, a tea party advocacy group heavily funded by the Kochs (see April 14, 2009). “Throughout history, ideas need patrons.” FreedomWorks is one of many citizen activism groups founded and/or funded by the Kochs, usually masquerading as “grassroots” organizations started by “ordinary citizens” (see 1984 and After, 1997, and Late 2004).
Disrupting the Obama Administration - Since well before the 2008 presidential election, the Koch brothers have been involved in full-throated efforts to derail any policies or initiatives that would be launched by a Democratic president. In January 2008, Charles Koch wrote in the industry newsletter that America was on the verge of “the greatest loss of liberty and prosperity since the 1930s.” The Kochs have used their “astroturf” advocacy group, Americans for Prosperity (AFP), to great effect against the Obama administration, launching its efforts even before the November 2008 election (see October 2008 and January 2009 and After). Conservative activist Grover Norquist says that AFP’s August 2009 anti-health care rallies were instrumental in undermining Obama’s policy initiatives. Norquist says the rallies “discouraged deal-makers,” Republicans who otherwise might have considered cooperating with Obama and Congressional Democrats, and affected corporate donors to Washington lobbyists, steering millions into the hands of Republican lobbyists. [New Yorker, 8/30/2010]

Entity Tags: Matt Kibbe, Koch Industries, Naomi Oreskes, Richard Fink, Obama administration, New Yorker, Rob Stein, Jane Mayer, Independent Women’s Forum, Mercatus Center, Heritage Foundation, Cato Institute, Center for Public Integrity, Bruce Bartlett, Americans for Prosperity, Barack Obama, Charles Koch, Hillary Clinton, David Koch, FreedomWorks, Friedrich von Hayek, Charles Lewis, Glenn Beck, Grover Norquist, Fred Koch

Timeline Tags: Domestic Propaganda

Mother Jones columnist Kevin Drum compares the “tea party” movement to earlier organizations, each formed, he writes, to oppose Democratic presidencies. “[T]oo many observers mistakenly react to the tea party as if it’s brand new, an organic and spontaneous response to something unique in the current political climate,” he writes. “But it’s not. It’s not a response to the recession or to health care reform or to some kind of spectacular new liberal overreach. It’s what happens whenever a Democrat takes over the White House. When FDR was in office in the 1930s, conservative zealotry coalesced in the Liberty League (see August 23, 1934 and After). When JFK won the presidency in the ‘60s, the John Birch Society flourished (see November 1963). When Bill Clinton ended the Reagan Revolution in the ‘90s, talk radio erupted with the conspiracy theories of the Arkansas Project. And today, with Barack Obama in the Oval Office, it’s the tea party’s turn.” While differences between the various groups are substantive, Drum writes, the similarities are overwhelming. Drum notes that industrialist Fred Koch, an early backer of the Birchers (see 1940 and After), gave way to his sons, David and Charles Koch, who helped launch the organization that would become FreedomWorks and Americans for Prosperity, both of which are major funders and organizers of the tea party movement (see 1979-1980 and 1984 and After). Tea partiers rely on a 50-year-old radical reinterpretation of the Constitution, W. Cleon Skousen’s The 5000 Year Leap; Skousen’s anti-Communist polemics were popular with the Birchers. And Robert Welch, the founder of the John Birch Society (JBS—see March 10, 1961 and December 2011), believed that the 17th Amendment, which affirms the direct election of US senators, was what Drum calls “a poisonous concentration of power in the federal government.” Tea partiers and Fox News hosts hawk this same theory today (see October 16, 2009, April 8, 2010, and June 11, 2010). Drum writes that, far from being motivated by personal economic hardship (tea party supporters tend to be more affluent and less affected by the economic downturn than the average American—see April 14, 2010) or even because of a dislike of President Obama because of his race, the tea party exists because “[e]ver since the 1930s, something very much like the tea party movement has fluoresced every time a Democrat wins the presidency, and the nature of the fluorescence always follows many of the same broad contours: a reverence for the Constitution, a supposedly spontaneous uprising of formerly nonpolitical middle-class activists, a preoccupation with socialism and the expanding tyranny of big government, a bitterness toward an underclass viewed as unwilling to work, and a weakness for outlandish conspiracy theories.”
Constitutional 'Purity' - One similarity is the focus of each group on what they term the “purity” or “sanctity” of the US Constitution, even as they apply their sometimes-radical reinterpretations of constitutional mandates. “The Liberty Leaguers… spoke of it with ‘worshipful intensity,’” Drum writes. “The John Birch Society—which is enjoying a renaissance of sorts today (see July 22, 2007, August 4, 2008, October 10, 2008, April 13, 2009, April 19, 2010, and August 24, 2010)—says of itself, ‘From its earliest days the John Birch Society has emphasized the importance of the Constitution for securing our freedom.’ And… study groups dedicated to the Constitution have mushroomed among tea partiers” (see May 2010).
Fear of 'Creeping Socialism' and Tyranny - Drum writes: “Other shared tropes include a fear of ‘losing the country we grew up in,’ an obsession with ‘parasites’ who are leeching off of hardworking Americans, and—even though they’ve always received copious assistance from business interests and political operatives—a myth that the movement is composed entirely of fed-up grassroots amateurs” (see 1984 and After, Late 2004, January 2009 and After, February 17, 2009, February 19, 2009 and After, March 13, 2009 and After, April 14, 2009, April 15, 2009, May 29, 2009, July 27, 2009, August 4, 2009, August 5, 2009, July 3-4, 2010, and August 30, 2010). Above all, though, is the recurring theme of “creeping socialism and a federal government that’s destroying our freedoms.” The American Liberty League fought to stop the Roosevelt administration from establishing Social Security, the Works Progress Administration (WPA), and what Drum calls an “alphabet soup of new regulatory agencies.” In the 1960s, the John Birch Society (JBS) felt the government was being overrun by Communism and “collectivism.” Drum notes that JBS founder Robert Welch’s mantra, “Less government and more responsibility,” echoes central tenets of tea party beliefs. In the 1990s, then-Representative Newt Gingrich (R-GA) became House Speaker in large part because of his opposition to the Clinton administration and his leadership in the right’s battle to defund federal social-net programs. Today, tea partiers echo the JBS in their insistence that Obama is a closet Marxist or socialist, and echo fears from earlier groups that Obama, the Democrat, intends to turn American democracy into a tyranny.
Conspiracy Theories - Drum echoes conservative writer Jonathan Kay by noting the tea partiers’ “insatiable appetite for conspiracy theories” (see February 4-8, 2010). Welch argued that the federal government was bowing to Communist manipulation by fluoridating the water supply (see 1945 and After), but more importantly, promoted the idea that a mysterious group of “insiders” had been running the world since at least 1776, when the Illuminati took over most European governments. The “insiders” continued their influence, Welch avowed, through the years, taking over France after the French Revolution, Russia and other nations after the advent of Communism, and continued to exercise control through such organs as the United Nations, the Council on Foreign Relations, and the Trilateral Commission. The same groups are at the center of many conspiracy theories embraced by numerous tea partiers. Drum points out the fondness of the “anti-Clinton zealots” for their “colorful and ever-growing bestiary of shadowy plots,” most surrounding their belief that Clinton was a rapist, a murderer, and a drug peddler. Similar conspiracy theories were promulgated by the JBS about John Kennedy. “Today’s conspiracy theories are different in detail but no less wacky—and no less widespread,” Drum writes. The “birther” conspiracy theory, which holds that Obama is not a natural-born citizen, is quite popular with tea party supporters, and many more believe that Obama intends to place conservatives such as themselves in internment camps, a theory peddled by the JBS in the early 1960s. And many believe that ACORN (the Association of Community Organizations for Reform Now), the now-defunct community service organization, somehow took control of the Democratic Party, destroyed banks by forcing them to make loans to indigent minorities, crashed the economy, and installed Obama into power.
Effectiveness Improving over Time - Drum writes that each iteration of this right-wing phenomenon is more successful than the last. The Liberty League made no impact whatsoever on President Roosevelt’s 1936 re-election attempt. In 1964, the JBS succeeded in helping right-wing libertarian candidate Barry Goldwater (R-AZ) win the Republican presidential nomination. In the 1990s, Gingrich rode the wave of far-right activism to become speaker of the House, and the activism culminated in the impeachment of President Clinton and the election of President George W. Bush. Drum predicts that the latest wave, the tea party movement, will for all intents and purposes take over the Republican Party. In each iteration, moderate Republicans resisted the wave of right-wing change, but, Drum believes, not enough moderate Republicans exist in any position of power to resist the tea party transformation. The GOP has been shifting ever rightward since the 1970s, Drum notes, and the tea party movement has profited from a transformed media environment, where it can present its ideology almost nonstop on Fox News and rely on social media such as Facebook to connect with new recruits. Drum calls the paradigm shift “the mainstreaming of extremism.” In 1961, Time magazine disparaged the JBS as “tiresome” (see March 10, 1961); in 2009, it hailed Fox News personality Glenn Beck as “gifted.” Moderates have virtually no chance in today’s environment of pushing back against the tea party’s rightward surge. “Unlike the Birchers, or even the Clinton conspiracy theorists, the tea partiers aren’t a fringe part of the conservative movement,” Drum writes. “They are the conservative movement.” Drum believes that even with all the tea party’s current success, it will eventually burn itself out, “while its broader identity becomes subsumed by a Republican Party that’s been headed down the path of ever less-tolerant conservatism for decades. In that sense, the tea party movement is merely an unusually flamboyant symptom of an illness that’s been breeding for a long time.” [Mother Jones, 9/2010]

Entity Tags: Robert Welch, Newt Gingrich, W. Cleon Skousen, Kevin Drum, Charles Koch, Association of Community Organizations for Reform Now, Jonathan Kay, American Liberty League, Fred Koch, John Birch Society, Fox News, David Koch

Timeline Tags: Domestic Propaganda

Research from the media analysis firm Borrell Associates and other sources shows that spending for the 2010 midterm elections will outstrip the record-breaking spending of the 2008 elections, which centered around a presidential contest. The controversial Citizens United Supreme Court decision (see January 21, 2010) has “opened the floodgates” for corporate money to be used in electioneering and advertising, much of that money going anonymously to political parties and operations. It is unprecedented for midterm elections to involve more spending than presidential-year elections. Kip Cassino, vice president of research at Borrell Associates, says the Citizens United decision is directly responsible for the massive upswing in spending. “Unlike a lot of industries in the United States right now, which are seeing some downturns, political spending is absolutely a growth industry,” Cassino says. Corporate money is behind the surge, accounting for what he says is at least a 10 percent jump in advertising. Evan Tracey, president of the Campaign Media Analysis Group, says: “The unwritten charter of these [anonymously funded political] groups is to really be disruptive and try to go in there and turn a race on its head—or put a candidate on the defense. And by that nature, most of those ads that they’re gonna run this fall are gonna be negative ads.” Labor unions account for some of the surge in spending, but most of it comes from corporate donors, from conservative organizations such as the US Chamber of Commerce (see September 20, 2010, September 30, 2010, and October 2010), Americans for Prosperity (AFP—see Late 2004, May 29, 2009, November 2009, and July 3-4, 2010), and American Crossroads, a nonprofit political group headed by former Bush political advisor Karl Rove (see September 20, 2010, February 21, 2012, Late March 2012, and Late May 2012). Senator Robert Menendez (D-NJ) says, “While each of our campaigns has the resources they need to be competitive, we now face shadow groups putting their thumbs on the scale with undisclosed, unlimited, and unregulated donations.” However, national groups are not all of the important players in the spending surge. Tracey says: “We have a lot of little individual state-type groups that are starting to show up in some of the bigger races. And I think they’re going to play a much larger role in the fall.” One group cited in the research is a Nevada-based group called Americans for New Leadership, which has targeted Senate Majority Leader Harry Reid (D-NV) for defeat in a barrage of advertisements aired recently throughout the state. The group says it has spent $300,000 in ads attacking Reid and is prepared to spend more, but has not disclosed from whom that money comes. Senate and House races are seeing more involvement by heavily-funded groups placing ads in local markets for Republican candidates, or attacking Democrats, particularly from AFP, which has already spent some $1.5 million on House races. Craig Holman of the watchdog group Public Citizen says: “In 2004 and 2006, literally 100 percent of the groups were fully complying with the disclosure laws. Today, most groups do not disclose where they’re getting their money from.” The New York Times reports, “The situation raises the possibility that a relatively small cadre of deep-pocketed donors, unknown to the general public, is shaping the battle for Congress in the early going.” Sheila Krumholz of the Center for Responsive Politics observes: “Corporate interests are buying the elections? Oh no, it’s much worse than that. We don’t know who’s buying the election.” [New York Times, 9/13/2010; National Public Radio, 9/16/2010; Think Progress, 9/17/2010]

Entity Tags: Evan Tracey, Americans for New Leadership, American Crossroads, Americans for Prosperity, Craig Holman, Robert Menendez, Borrell Associates, US Chamber of Commerce, Kip Cassino, Karl C. Rove, Sheila Krumholz, Harry Reid

Timeline Tags: Civil Liberties, 2010 Elections

The reclusive but highly influential Charles Koch, of the Koch brothers oil empire (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, and August 30, 2010), pens an 18-page memo inviting some 210 wealthy American corporate and political leaders to a meeting with him and his brother David at the exclusive Rancho Las Palmas resort in Rancho Mirage, California, in January 2011. The theme is how to “combat… the multitude of public policies that threaten to destroy America as we know it… it is up to us to combat what is now the greatest assault on American freedom and prosperity in our lifetimes.… We must stop—and reverse—this internal assault on our founding principles.” The meeting will help plan how to use the prospective Republican gains in the November 2010 elections to “foster a renewal of American free enterprise and prosperity.” The memo references a June 2010 meeting in Aspen, Colorado, where strategies to manipulate and influence the 2010 elections were codified (see June 26-28, 2010). “In response, participants committed to an unprecedented level of support,” Koch writes. He includes the program from the June 2010 meeting. [Think Progress, 8/23/2010; Koch, 9/24/2010 pdf file]

Entity Tags: Rancho Las Palmas, David Koch, Charles Koch

Timeline Tags: Civil Liberties

The press learns that News Corporation, the parent company of Fox News, has donated $1 million to the US Chamber of Commerce, one of the heaviest anti-Democratic advertisers in the 2010 midterm election campaigns. News Corp. previously donated $1 million to the Republican Governors Association (RGA—see June 24, 2010 and After), drawing criticism that its chairman Rupert Murdoch, and by extension Fox News and the other media outlets owned by Murdoch’s corporation (including the New York Post and the Wall Street Journal) are violating basic tenets of journalistic ethics by donating money to only one side in an election season. Fox News officials say they knew nothing of the donation until they learned of it through news reports. White House adviser David Axelrod says that while he believes Fox executives did not know of the donation, “it certainly sends a signal as to what the corporate position is.… If you’re pushing a point of view there, you wouldn’t take it as a disincentive to keep going.” The Democratic National Committee says in a statement, “What these contributions make clear is that the Republican Party is a division of News Corp., just as Fox News is a division of News Corp.” The Chamber of Commerce has promised to spend up to $75 million in anti-Democratic, pro-Republican campaign advertisements. [Politico, 9/30/2010; New York Times, 10/1/2010] Politico notes: “The parent companies of other media companies such as Disney (which owns ABC) and General Electric (which owns NBC) have also made political contributions, but typically in far smaller chunks, and split between Democrats and Republicans. In the past, News Corp. has also spread its donations between candidates of both parties.” [Politico, 9/30/2010]

Entity Tags: Republican Party, Fox News, Democratic National Committee, David Axelrod, New York Post, Republican Governors Association, Rupert Murdoch, Wall Street Journal, News Corporation, US Chamber of Commerce

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

A US drone strike kills some suspected militants in Pakistan tied to an alleged plot to strike Europe, including an apparent member of the al-Qaeda cell in Hamburg that was involved in the 9/11 attacks. The strike kills eight people in Pakistan’s tribal region. Naamen Meziche, a French citizen of Algerian descent and longtime German resident, is one of those killed. He had been under investigation since shortly after 9/11 for his connections to 9/11 hijacker Mohamed Atta, hijacker associate Ramzi bin al-Shibh, al-Qaeda operative Zacarias Moussaoui, and others, but the German government was never able to get enough evidence to charge him with any crime. In March 2009, Meziche joined a group of Islamist extremists traveling from Hamburg to Pakistan for military training (see March 5, 2009). Two other men from the group, Bunyamin E. and Shahab Dashti, are reportedly killed in the drone strike as well. [Wall Street Journal, 10/16/2010]

Entity Tags: Bunyamin E., Shahab Dashti, Naamen Meziche

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, War in Afghanistan

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Manfred Murck.Manfred Murck. [Source: DPA]Manfred Murck, the head of intelligence in Hamburg, Germany, expresses frustration that Mamoun Darkazanli is still not imprisoned. In an interview with CNN, Murck says, “We knew him even before 9/11… we still believe that he was, and maybe still is, a kind of representative of al-Qaeda in Hamburg.” Darkazanli was linked to many members of the al-Qaeda Hamburg cell that included a few of the 9/11 hijackers (see October 9, 1999), and he was suspected of belonging to al-Qaeda since the early 1990s (see 1993 and Late 1998), but the German government never developed enough evidence to charge him. He is wanted in Spain, but the German government has refused to extradite him (see Late April 2007). In recent years, Darkazanli became the imam to the Al-Quds mosque, the same mosque attended by Mohamed Atta and others involved in the 9/11 plot who knew Darkazanli. In March 2009, a group of young men who attended Al-Quds left Hamburg for training camps in Pakistan (see March 5, 2009). Some of them were later arrested and confessed to being involved in a plot to attack targets in Europe. German intelligence officials say that Darkazanli was closely tied to Ahmad Sidiqi and Naamen Meziche, two leaders of the group. (And Meziche appears to have been part of the al-Qaeda Hamburg cell before 9/11, but he was never charged with any crime.) Murck believes Darkazanli inspired this latest group of militant recruits, but carefully did so in a way that did not break any laws. He says: “When it comes to the last speeches [Darkazanli] gave them, he told them, ‘Allah help to kill our enemies…’ so it was very general, it was not, ‘Let’s kill that one, or destroy that city.’ It was more a general cry for help to Allah to help the brothers against the enemies, but it was not enough for our police to open an investigation against him.” The Al-Quds mosque was shut down in August 2010 (see August 9, 2010), but German officials are worried that Darkazanli may start preaching at another mosque, which could start a new legal battle. [CNN, 11/11/2010]

Entity Tags: Al-Qaeda, Ahmad Sidiqi, Manfred Murck, Naamen Meziche, Mamoun Darkazanli

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Roger Ailes, a powerful Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988) and the founder and chairman of Fox News (see October 7, 1996), calls President Obama a “socialist,” and says the campaign contributions by Fox News’s parent company are legal and ethical. Of Obama, Ailes says: “The president has not been very successful. He just got kicked from Mumbai to South Korea, and he came home and attacked Republicans for it. He had to be told by the French and the Germans that his socialism was too far left for them to deal with.… He just has a different belief system than most Americans.” Fox News does not “single out” Obama for criticism, Ailes claims, but is merely “more direct” in its reporting. Ailes says Fox is correct in painting Obama as an anti-American who harbors secret sympathies for Islamist terrorists; it is the other news outlets that fear to report the “truth.” Most of the press is “in love” with Obama, he says. Ailes says Fox’s ratings boost since the Obama election (see November 4, 2008) has nothing to do with the network’s relentless criticism of Obama and the White House. Fox currently leads both of its cable news competitors, CNN and MSNBC, in ratings. He says that he was “totally surprised” when Fox News’s parent, News Corporation (often abbreviated NewsCorp), donated $2 million to Republican campaign organizations (see June 24, 2010 and After and September 30, 2010), but says NewsCorp owner Rupert Murdoch has the right to donate money to whichever organization or candidate he chooses. As for criticism of the donations, Ailes says he knew that “lefties would use it to immediately try to damage Fox News.” [Daily Beast, 11/16/2010] Fox News commentators and hosts have frequently tarred Obama and his advisors as socialists, “Stalinists,” and “Marxists” (see October 27, 2008, January 2009, March 17, 2009, March 29, 2009, April 1-2, 2009, May 13, 2009, May 28, 2009, September 1, 2009, January 27, 2010, May 19, 2010, September 18, 2010, September 29, 2010, and October 26, 2010).

Entity Tags: Fox News, Barack Obama, Rupert Murdoch, Roger Ailes, News Corporation

Timeline Tags: Domestic Propaganda

US Vice President Joseph Biden calls Wikileaks founder Julian Assange a “high-tech terrorist” on NBC’s Meet the Press. The interview was taped two days previously, but is broadcast on this day. Asked if he sees Assange as closer to a hi-tech terrorist than the whistleblower who released the Pentagon Papers (see March 1971) in the 1970s, Biden replies: “I would argue it is closer to being a hi-tech terrorist than the Pentagon Papers. But, look, this guy has done things that have damaged and put in jeopardy the lives and occupations of people in other parts of the world.” Biden adds: “He’s made it more difficult for us to conduct our business with our allies and our friends. For example, in my meetings—you know I meet with most of these world leaders—there is a desire now to meet with me alone, rather than have staff in the room. It makes things more cumbersome—so it has done damage.” Asked if the administration could prevent further leaks, Biden comments, “The Justice Department is taking a look at that.” Biden goes on to suggest that if Assange facilitated the leak of the documents by colluding with the whilstleblower who provided them, thought to be former intelligence analyst Bradley Manning, he could be open to prosecution. “If he conspired to get these classified documents with a member of the US military that is fundamentally different than if someone drops on your lap… you are a press person, here is classified material.” Biden’s comments show an increased level of annoyance in the administration with Wikileaks. For example, the day before this interview was taped, Biden had expressed different sentiments. “I don’t think there’s any substantive damage,” he had commented then. [Guardian, 12/19/2010]

Entity Tags: Julian Assange, Obama administration, Joseph Biden, WikiLeaks

Timeline Tags: Misc Entries, Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: Ahmed Khalfan Ghailani

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

President Obama heads a National Security Council meeting to discuss possible courses of action against Osama bin Laden’s compound in Abbottabad, Pakistan. Obama is presented with three basic courses of action that he can take:
Bombing Option - One is to have B-2 stealth bombers drop a few dozen 2,000-pound guided bombs on the compound. The stealth bombers would bomb the compound thoroughly to make sure bin Laden was killed, that all of the people in the compound, including women and children, would be killed, and many neighbors would probably be killed as well. The odds are good that nothing would remain of bin Laden, so it would be unlikely to find any of his DNA to firmly conclude he was killed.
Special Forces Option - The other is to have US Special Forces arrive by helicopter and then assault the compound on the ground. This is considered the riskier option, because many things could go wrong and US soldiers could be killed. As ABC News will later comment: “The helicopters could be detected coming in. Bin Laden might be warned a few minutes out, and he could go into a hole, escape, set off a suicide vest, set a booby-trap bomb, prepare for a firefight.”
Pakistani Government Participation - Another option is a joint raid with Pakistani government forces. The US and Pakistan have successfully worked together on high-profile captures in the past, such as the capture of 9/11 mastermind Khalid Shaikh Mohammed in Pakistan in 2003 (see February 29 or March 1, 2003). However, in recent years, the US has stopped giving the Pakistani government advanced warning about the targets of drone strikes on militant leaders in Pakistan’s tribal region, because of incidents where it appeared the targets were tipped off.
No Final Decision Yet - Obama decides not to involve Pakistan in the raid or even warn it in advance. He does not make up his mind between the remaining two options, the bombing raid and the Special Forces raid. He tells his advisers to act quickly with further preparations on both. He also rules out using more invasive measures to gather better intelligence on the compound, figuring that the potential gain is not worth the risk of discovery. [New York Times, 5/2/2011; Wall Street Journal, 5/23/2011; ABC News, 6/9/2011]

Entity Tags: Osama bin Laden, National Security Council, Barack Obama

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

California lawyer Orly Taitz, who has long questioned President Obama’s citizenship (see November 12, 2008 and After, March 13, 2009, August 1-4, 2009, September 16-21, 2009, September 17, 2009, October 29, 2009, March 15, 2010, April 16, 2010, July 7 - August 16, 2010, August 9, 2010 - January 11, 2011, and April 27, 2011) to the point where a Georgia judge has called her “delusional” (see October 13-16, 2009), says that she has doubts about the authenticity of Obama’s long-form birth certificate. Specifically, she says that a real birth certificate from 1961 would have listed Obama’s race as “Negro” and not “African.” She says: “Look, I applaud this release. I think it’s a step in the right direction. I credit Donald Trump in pushing this issue.” However, she adds: “In those years… when they wrote race, they were writing ‘Negro’ not ‘African.’ In those days nobody wrote African as a race, it just wasn’t one of the options. It sounds like it would be written today, in the age of political correctness, and not in 1961 when they wrote white or Asian or ‘Negro.‘… It looks like terminology that would be used today, not 1961.” She continues to insist that because Obama’s father is Kenyan, Obama is ineligible for the presidency because he is not a “natural born citizen,” in spite of being contradicted by the Fourteenth Amendment. [TPM Muckraker, 4/27/2011; Wall Street Journal, 4/27/2011] She also wants to know why the certificate lists the address of Obama’s grandparents, 6085 Kalanianaole Highway in Honolulu, and not his parents’ address. Still, she says the birth certificate is an improvement over the previous “short form” certificate released by Obama in 2008 (see June 13, 2008). “I have to say that this is a step in the right direction,” she says, “just as the release of the Watergate tapes was a step in right direction [sic] by Richard Nixon (see July 13-16, 1973). And like Richard Nixon, there’s a good chance this will cost him his presidency (see August 8, 1974). It is a much better document than we had before.” [Wall Street Journal, 4/27/2011]

Entity Tags: Orly Taitz, Donald Trump, Barack Obama

Timeline Tags: Domestic Propaganda

Bin Laden’s Abbottabad compound in flames. Apparently, the fires are mainly due to a crashed US helicopter. The picture comes from a neighbor’s cell phone.Bin Laden’s Abbottabad compound in flames. Apparently, the fires are mainly due to a crashed US helicopter. The picture comes from a neighbor’s cell phone. [Source: Reuters] (click image to enlarge)Osama bin Laden is shot and killed inside a secured private residential compound in Abbottabad, Pakistan, according to US government sources. The operation is carried out by US Navy SEAL Team Six, the “Naval Special Warfare Development Group.” The covert operation takes place at 1:00 a.m. local time (+4:30GMT). Two US helicopters from bases in Afghanistan fly low over the compound in Abbottabad, and 30 to 40 SEALs disembark and storm the compound. According to White House sources, bin Laden and at least four others are killed. The team is on the ground for only 40 minutes; most of that time is spent searching the compound for information about al-Qaeda and its plans. The helicopters are part of the 160th Special Ops Air Regiment, itself a detachment from the Joint Special Operations Command (JSOC). The CIA oversees the operation, but the operation is tasked to, and carried out by, Special Forces. When President Obama announces bin Laden’s death, he says: “His demise should be welcomed by all who believe in peace and human dignity. Justice has been done.” Of the soldiers that eliminated bin Laden, and the other military personnel deployed in Iraq, Afghanistan, Libya, and elsewhere, Obama says: “We are reminded that we are fortunate to have Americans who dedicate their lives to protecting ours. We may not always know their names, we may not always know their stories, but they are there every day on the front lines of freedom and we are truly blessed.” The members of Team Six are never identified, and it is unlikely their names will ever be made public. [CNN News, 5/1/2011; ABC News, 5/2/2011] Bin Laden is said to have ordered the 9/11 attacks, among other al-Qaeda strikes against American and Western targets. In a 1997 CNN interview, he declared “jihad,” or “holy war,” against the US. He had been number one on American military and law enforcement “Most Wanted” lists well before the 9/11 attacks. [CNN News, 5/1/2011]

Entity Tags: Osama bin Laden, US Department of the Navy, Obama administration, Al-Qaeda, Leon Panetta, Barack Obama, Bush administration (43), US Naval Special Warfare Development Group, Joint Special Operations Command, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, War in Afghanistan

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

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

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

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

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

Timeline Tags: Torture of US Captives, Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Domestic Propaganda, 2012 Elections

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Rolling Stone reporter Ari Berman writes that Republican lawmakers across the nation have launched “an unprecedented, centrally coordinated campaign to suppress the elements of the Democratic vote that helped elect Barack Obama in 2008. Just as Dixiecrats once used poll taxes and literacy tests to bar black Southerners from voting, a new crop of GOP governors and state legislators has passed a series of seemingly disconnected measures that could prevent millions of students, minorities, immigrants, ex-convicts and the elderly from casting ballots.” The initiative is ostensibly to counter the “epidemic” of “voter fraud” that Republicans insist is not only plaguing the nation, but affecting the outcome of elections. (In 2007, the Brennan Center released a report that found the instance of voter fraud vanishingly small, and concluded that more people die by lightning strikes than commit voter fraud—see 2007). Judith Browne-Dianis of the Advancement Project tells Berman, “What has happened this year is the most significant setback to voting rights in this country in a century.” As far back as 1980, powerful Republican operative Paul Weyrich told evangelical leaders: “I don’t want everybody to vote. As a matter of fact, our leverage in the elections quite candidly goes up as the voting populace goes down.” In 2010, the American Legislative Exchange Council (ALEC), a group founded by Weyrich and funded in part by the billionaire Koch brothers (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), began working to disenfranchise hundreds of thousands, perhaps millions, of legitimate voters, almost of all identified as being part of ethnic or gender groups that are more likely to vote Democratic. Thirty-eight states have submitted legislation designed to impede voting “at almost every step of the electoral process.”
Requiring Proof of Citizenship - Kansas and Alabama now require would-be voters to show proof of US citizenship before being allowed to vote.
Impeding Voter Registration - Florida and Texas have passed legislation making it more difficult for groups like the League of Women Voters, an organization widely considered to lean Democratic, to register new voters. Maine repealed same-day registration, which had been in effect since 1973 and had worked to significantly increase voter participation. The Florida legislature passed a law requiring groups to hand in voter registration forms within 48 hours of collection, and imposed what Berman calls “a barrage of onerous, bureaucratic requirements” and serious criminal penalties for those who fail to comply. As a result, many people who once volunteered to help register voters are afraid to do so again. The League of Women Voters says it will no longer operate in Florida, and called Florida’s efforts “good old-fashioned voter suppression.” The Florida statute took effect one day after its passage, under an emergency statute designed for “an immediate danger to the public health, safety or welfare.” Since 2009, Florida has arrested a total of three people for suspected voter fraud. Republican state senator Mike Fasano, one of the few in his party to oppose the restrictions on registrations, says, “No one could give me an example of all this fraud they speak about.”
Curbing Early Voting - Florida, Georgia, Ohio, Tennessee, and West Virginia have cut short early-voting periods. Six states have moved to impose new restrictions on voter registration drives. In 2004, then-Florida governor Jeb Bush (R-FL) said he thought early voting was “great.… It’s another reform we added that has helped provide access to the polls and provide a convenience. And we’re going to have a high voter turnout here, and I think that’s wonderful.” However, his successor Rick Scott (R-FL) does not agree, and neither do most Republicans. After analysis showed what a benefit early voting was for Obama’s numbers, early voting became a key target. Florida has cut early voting days from 14 to 8 days. Ohio, where early voting numbers gave Obama a narrow victory in 2008, has cut its early voting days from 35 to 11, with only limited hours on weekends. Both states have banned voting on the Sunday before elections, when many black churches historically mobilize their constituents. The Early Voting Information Center at Reed College states, “There is no evidence that any form of convenience voting has led to higher levels of fraud.”
Denying Convicted Felons the Right to Vote - Florida and Iowa have passed laws denying convicted felons the right to vote, disenfranchising thousands of previously eligible voters even if they have already served their sentences and have returned to society. Former Florida Governor Charlie Crist (R-FL) restored the voting rights of 154,000 felons convicted of non-violent crimes. In March 2011, after 30 minutes of public debate, Governor Scott overturned that decision, instantly disenfranchising almost 98,000 citizens and prohibiting another 1.1 million convicts from being allowed to vote after they are released from prison. Former President Bill Clinton asked in July: “Why should we disenfranchise people forever once they’ve paid their price? Because most of them in Florida were African-Americans and Hispanics and would tend to vote for Democrats—that’s why.” Iowa Governor Terry Branstad (R-IA) recently took a similar action, overturning his predecessor’s decision to restore voting rights to some 100,000 ex-felons. Until recent years, Iowa saw up to five percent of its residents ineligible to vote, including 33 percent of its African-American residents. Florida, Iowa, Kentucky, and Virginia require former felons to apply for the right to vote to be restored.
Voter Identification - Six states—Alabama, Kansas, South Carolina, Tennessee, Texas, and Wisconsin, all controlled by Republican governors and legislatures—have passed laws requiring an official government ID to cast a ballot. Berman notes that some 10 percent of US citizens lack such identification, and the number of young and black voters, groups that traditionally lean Democratic, are much higher. The turn towards voter ID requirements began in 2008, when the US Supreme Court upheld an Indiana photo-ID requirement even though state lawyers could not produce a single instance of the kind of voter fraud that photo ID laws are designed to prevent. After the ruling, ALEC orchestrated a nationwide move towards photo ID requirements. ALEC wrote draft legislation for Republican legislators based on Indiana’s ID requirement. Five of the states that passed those laws had their legislation submitted by legislators who belong to ALEC. Heather Smith, president of the voter-registration group Rock the Vote, says: “We’re seeing the same legislation being proposed state by state by state. And they’re not being shy in any of these places about clearly and blatantly targeting specific demographic groups, including students.” In Texas, the Republican-dominated legislature passed “emergency” legislation that was signed into law by Governor Rick Perry saying that a concealed-weapons permit is acceptable ID, but a college ID is not. Republicans in Wisconsin effectively disenfranchised every college student by requiring that acceptable IDs contain information that no colleges put on their IDs. Dane County board supervisor Analiese Eicher says, “It’s like creating a second class of citizens in terms of who gets to vote.” In Wisconsin, for example, about half of African- and Hispanic-American citizens do not have a driver’s license, and the state has an extremely small number of Department of Motor Vehicles (DMV) offices—some of which are only open one day a month. Governor Scott Walker (R-WI) attempted to close 16 DMV offices, all in heavily Democratic-voting areas. Berman notes, “Walker planned to close a DMV in Fort Atkinson, a liberal stronghold, while opening a new office 30 minutes away in the conservative district of Watertown.” Democratic governors in five states—Minnesota, Missouri, Montana, New Hampshire, and North Carolina—have all vetoed ID laws. Voters in Mississippi and Montana are considering ballot initiatives requiring voter IDs. Legislation is currently pending in Pennsylvania. Perhaps the most restrictive law was signed into effect by South Carolina Governor Nikki Haley (R-SC). Voters must have a free state ID to vote—but they must pay for a passport or birth certificate. Brown-Dianis says, “It’s the stepsister of the poll tax.” Many elderly black residents who were born at home in the segregated South and were never issued birth certificates can no longer vote unless they go to family court to prove their identity.
Significant Impact on 2012 Voting - Berman writes that when these measures are taken in the aggregate, the turnout of Democrats to the 2012 votes will be significantly smaller, perhaps enough to throw races to Republican candidates. In July, Clinton told a group of student activists: “One of the most pervasive political movements going on outside Washington today is the disciplined, passionate, determined effort of Republican governors and legislators to keep most of you from voting next time. Why is all of this going on? This is not rocket science. They are trying to make the 2012 electorate look more like the 2010 electorate than the 2008 electorate.” Clinton was referring to the 2010 elections, widely considered a Republican “wave” election in part because of far smaller turnouts among young and minority voters than in 2008, and because of a large number of “tea party” voters. Clinton added, “There has never been in my lifetime, since we got rid of the poll tax and all the Jim Crow burdens on voting, the determined effort to limit the franchise that we see today.”
Cracking Down on Voter Fraud? - Republicans insist that voter fraud is rampant in America. Since George W. Bush took office in 2001 after losing the popular vote (see 9:54 p.m. December 12, 2000), his administration made “voter fraud” a top priority for Justice Department prosecutors. In 2006, the DOJ fired two US Attorneys who refused to prosecute patently fraudulent voter fraud allegations. Bush advisor Karl Rove called voter fraud “an enormous and growing problem.” He told the Republican National Lawyers Association that America is “beginning to look like we have elections like those run in countries where the guys in charge are colonels in mirrored sunglasses.” The Republicans successfully destroyed the community activism group ACORN (Association of Community Organizations for Reform Now) after false allegations were made that it was, as Berman writes, “actively recruiting armies of fake voters to misrepresent themselves at the polls and cast illegal ballots for the Democrats.” A massive DOJ probe in 2006 and 2007 failed to prosecute a single person for intentionally impersonating another person at the polls, an action that the DOJ claimed was at the heart of the voter fraud investigation. Eighty-six cases of voter fraud did win convictions, but most of those were immigrants and former felons who did not intentionally cast illegal votes. An enormous investigation in Wisconsin resulted in 0.0007 percent of the electorate being prosecuted for voter fraud. And the Brennan Center report found the instance of voter fraud in America extraordinarily small (see 2007).
Voter Fraud Allegations Dog Obama Victory - Republican lawmakers and activists made a raft of allegations after the November 2008 elections that placed the White House in the hands of Barack Obama (D-IL). The 29 states that register voter affiliation showed a roughly 2-1 increase in new Democratic voters over Republicans for 2008, and Obama won almost 70 percent of those votes. Election reform expert Tova Wang says flatly, “This latest flood of attacks on voting rights is a direct shot at the communities that came out in historic numbers for the first time in 2008 and put Obama over the top.” Berman cites Kansas Secretary of State Kris Kobach as emblematic of the Republican pushback against the Obama victory. Kobach is a former Bush-era Justice Department advisor who helped push through his state’s requirement that every voter prove his or her citizenship, ignoring the fact that Kansas has prosecuted exactly one case of voter fraud since 2006. Kobach used fear of illegal immigrants to help push his requirement through, stating without evidence, “In Kansas, the illegal registration of alien voters has become pervasive.” He also stated that many people were casting ballots in the name of dead voters, and cited the example of Alfred K. Brewer as a dead voter who mysteriously voted in 2008. However, as the Wichita Eagle showed, Brewer is very much alive. “I don’t think this is heaven,” Brewer told the Eagle, “[n]ot when I’m raking leaves.” Representative John Lewis (D-AL), a civil rights crusader who was brutally beaten during the 1960s effort to win voting rights for African-Americans, says bluntly, “Voting rights are under attack in America.” On the House floor in July, Lewis told the assemblage, “There’s a deliberate and systematic attempt to prevent millions of elderly voters, young voters, students, minority and low-income voters from exercising their constitutional right to engage in the democratic process.”
Fighting Voter Disenfranchisement - Voting-rights organizations are fighting back as best they can. The American Civil Liberties Union (ACLU) is challenging several of the new voter-restriction laws in court. Congressional Democrats are pushing the Department of Justice to block or weaken laws that impede minority voters from exercising their rights. Lewis says, “The Justice Department should be much more aggressive in areas covered by the Voting Rights Act.” Meanwhile, many voting-rights experts predict chaos at the polls in November 2012, as voters react with confusion, frustration, and anger at being barred from voting. “Our democracy is supposed to be a government by, of, and for the people,” says Browne-Dianis. “It doesn’t matter how much money you have, what race you are, or where you live in the country—we all get to have the same amount of power by going into the voting booth on Election Day. But those who passed these laws believe that only some people should participate. The restrictions undermine democracy by cutting off the voices of the people.” [Rolling Stone, 8/30/2011]

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

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

According to a Washington Post analysis, 10 percent of US billionaires have given to the presidential campaign of Mitt Romney (R-MA), who seems to be securing enough primary wins to be named the Republican Party’s presidential nominee. Romney himself is a former venture capitalist worth at least $250 million. Forty-two of the US’s 412 billionaires have donated to Romney’s campaign and third-party “super PACs” (see March 26, 2010, June 23, 2011, and November 23, 2011). President Obama has 30 billionaires on his donor list, or something over 7 percent. Romney opponents Rick Perry (R-TX) and Jon Huntsman (R-UT) have 20 and 12, respectively. The Washington Post reports: “Very wealthy donors are likely to play a greater role in this election cycle in the wake of recent court decisions that have loosened rules for campaign contributions (see January 21, 2010). That will only heighten one of the dominant narratives of the 2012 campaign: the nation’s rising income inequality and the outsize political influence of the super-wealthy.” Donors can only give $5,000 directly to candidates’ campaigns, but under the Citizens United ruling, they can give unlimited amounts to super PACs that run independent ads on behalf of, or in opposition to, candidates. “The only limit on the resources is the willingness of the donors to give,” says government professor Anthony Corrado, a former Democratic official. “It doesn’t take long to transfer $500,000 from one account to another.” Obama had a head start in raising campaign funds going into October 2010, largely because the Republican candidates were spending money against one another in primary battles. But now that Romney seems more and more assured as the Republican nominee, Republican donors are expected to focus on donating to his campaign and super PACs, and are expected to catch up to and surpass Obama and the Democrats in short order (see August 2, 2010, September 20, 2010, September 13-16, 2010, October 2010, Around October 27, 2010, May 5, 2011, and August 4, 2011). In 2008, Obama distanced his campaign from third-party donors, and donations from those individuals and interests were relatively down. But, perhaps recognizing the advantage Republicans have in raising money from the wealthy, Obama no longer objects to those donations. Romney’s largest donor so far is hedge-fund billionaire John Paulson, who has given $1 million to Romney’s super PAC Restore Our Future (see June 23, 2011). Think Progress’s Travis Waldron notes that Paulson made millions by shorting the housing market before the mortgage collapse that sparked the global financial crisis and drove the US economy into a recession. Other billionaires supporting Romney include Washington Redskins owner Dan Snyder, California real estate developer Donald Bren, and developer and publisher Sam Zell. Several billionaires who used to support Romney’s primary opponent Newt Gingrich (R-GA), including casino mogul Sheldon Adelson and Amway founder Richard DeVos, are expected to begin giving generously to the Romney campaign or to his super PAC. Obama’s richest donor is Len Blavatnik, a Russian-American industrialist who has also donated to Romney. Other billionaires supporting Obama include insurance magnate Peter Lewis, former Google executive Eric Schmidt, and venture capitalist John Doerr. Obama campaign spokesman Ben LaBolt downplays the billionaire contributions, saying, “Our campaign is fueled by donations from more than 1 million Americans, 98 percent of which were in amounts of $250 or less.” Corrado says that as the November elections approach, spending will only increase. “One of the things about large investors in campaigns is that they’re very interested in getting results,” he says. “And it is much easier to get a large effect in a race if you can give to directly advocate for and against a candidate.” [Washington Post, 12/1/2011; Think Progress, 12/6/2011]

Entity Tags: Dan Snyder, Sam Zell, Sheldon Adelson, Washington Post, Willard Mitt Romney, Anthony J. Corrado Jr., 2012 Obama presidential election campaign, Ben LaBolt, Restore Our Future, Richard DeVos, Newt Gingrich, James Richard (“Rick”) Perry, Eric Schmidt, Donald Bren, Peter Lewis, Mitt Romney presidential campaign (2012), John Paulson, Barack Obama, Len Blavatnik, Jon Huntsman, John Doerr

Timeline Tags: Civil Liberties, 2012 Elections

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: Zogby International, IBOPE Inteligência

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

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

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

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

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

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

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

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

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

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

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

US District Court Judge Katherine B. Forrest (Southern Division, New York) finds a controversial section of the 2012 National Defense Authorization Act (NDAA) unconstitutional and issues a preliminary injunction barring enforcement. Section 1021(b)(2) of the NDAA authorizes indefinite military detention without trial of any person “who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces” (see December 15, 2011). The law makes no exception for US persons. It has been under review by the court because seven individuals (journalists, activists, and politicians) sued, alleging this section is unconstitutional because it violates their First Amendment right to freedom of speech and association and Fifth Amendment right to due process, and that it imposes military jurisdiction on civilians in violation of Article III and the Fifth Amendment (see January 13, 2012). [OPINION AND ORDER: 12 Civ. 331 (KBF) Hedges et al v. Obama, preliminary injunction enjoining enforcement of NDAA Section 1021, 5/16/2012]
Judge Finds NDAA Undermines Protected Speech and Association - The plaintiffs argued that, due to their association with and/or reporting on al-Qaeda and the Taliban in the course of their work as journalists and activists, they might be subject to detention under § 1021, and that, due to the vagueness of the law, there was no way to know if the law could be used against them. In testimony and briefs, the plaintiffs gave examples of how they had altered their speech and behavior out of fear they might be subject to detention. In her Opinion and Order, Forrest notes: “The Government was unable to define precisely what ‘direct’ or ‘substantial’ ‘support’ means.… Thus, an individual could run the risk of substantially supporting or directly supporting an associated force without even being aware that he or she was doing so.” And: “The Government was given a number of opportunities at the hearing and in its briefs to state unambiguously that the type of expressive and associational activities engaged in by plaintiffs—or others—are not within § 1021. It did not. This Court therefore must credit the chilling impact on First Amendment rights as reasonable—and real. Given our society’s strong commitment to protecting First Amendment rights, the equities must tip in favor of protecting those rights.” [OPINION AND ORDER: 12 Civ. 331 (KBF) Hedges et al v. Obama, preliminary injunction enjoining enforcement of NDAA Section 1021, 5/16/2012]
Judge Rejects All Three Arguments Made by the Government - Forrest summarizes the government’s position in this way: “[F]irst, that plaintiffs lack standing; second, that even if they have standing, they have failed to demonstrate an imminent threat requiring preliminary relief; and finally, through a series of arguments that counter plaintiffs’ substantive constitutional challenges, that Section 1021 of the NDAA is simply an ‘affirmation’ or ‘reaffirmation’ of the authority conferred by the 2001 Authorization for Use of Military Force.” Rejecting the first and second arguments, Forrest finds the plaintiffs do have standing because their fear of imminent indefinite detention without charge or trial is reasonable, due to the vagueness of § 1021 and the government’s failure to state that the plaintiff’s activities aren’t covered under section 1021, leaving the plaintiffs with no way of knowing if they might be subject to detention. Furthermore, Forrest finds the plaintiffs have suffered actual harm, evidenced by incurring expenses and making changes in speech and association due to fear of potential detention. Regarding the third argument, Forrest rejects the idea that § 1021 could simply be affirming the AUMF, because “[t]o so hold would be contrary to basic principles of legislative interpretation that require Congressional enactments to be given independent meaning”; otherwise § 1021 would be “redundant” and “meaningless.” Furthermore, Forrest finds § 1021 of the NDAA is substantively different than the AUMF; it is not specific in its scope and “lacks the critical component of requiring… that an alleged violator’s conduct must have been, in some fashion, ‘knowing.’” [OPINION AND ORDER: 12 Civ. 331 (KBF) Hedges et al v. Obama, preliminary injunction enjoining enforcement of NDAA Section 1021, 5/16/2012]
Judge Finds Lawsuit Will Likely Succeed on Merits, Justifying Injunction - Based on the information put forward by the seven plaintiffs and the government, Forrest concludes the lawsuit will likely succeed on its merits, thus it should be allowed to proceed, stating: “This Court is left then, with the following conundrum: plaintiffs have put forward evidence that § 1021 has in fact chilled their expressive and associational activities; the Government will not represent that such activities are not covered by § 1021; plaintiffs’ activities are constitutionally protected. Given that record and the protections afforded by the First Amendment, this Court finds that plaintiffs have shown a likelihood of succeeding on the merits of a facial challenge to § 1021.” Forrest also notes that issuing a preliminary injunction barring enforcement is unusual, but called for given the evidence and circumstances, stating: “This Court is acutely aware that preliminarily enjoining an act of Congress must be done with great caution. However, it is the responsibility of our judicial system to protect the public from acts of Congress which infringe upon constitutional rights.” [OPINION AND ORDER: 12 Civ. 331 (KBF) Hedges et al v. Obama, preliminary injunction enjoining enforcement of NDAA Section 1021, 5/16/2012]

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

Timeline Tags: Civil Liberties

President Obama’s Justice Department files a motion urging a federal judge to reconsider a ruling and order that blocked enforcement of a law authorizing indefinite military detention. The case is Hedges v. Obama and the law at issue is section 1021 of the 2012 National Defense Authorization Act (NDAA). The filing calls Judge Katherine B. Forrest’s preliminary injunction barring enforcement of Section 1021(b)(2) of the NDAA (see May 16, 2012) “extraordinary” as it restricts the president’s authority during wartime. It also questions whether “an order restraining future military operations could ever be appropriate,” and disputes Forrest’s finding that the plaintiffs who had sued to overturn the law (see January 13, 2012) have standing to sue. In footnote 1, the government states that it is construing the order “as applying only as to the named plaintiffs in this suit.” Forrest will clarify in a subsequent Memorandum Opinion and Order that by blocking enforcement of § 1021(b)(2), the only remaining persons covered are those defined in § 1021(b)(1): “A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks” (see June 6, 2012). [Hedges v. Obama: Government's Memorandum of Law in Support of Its Motion for Reconsideration of the May 16, 2012, Opinion and Order, 5/25/2012]
Background - The NDAA was passed by Congress on December 15, 2011 (see December 15, 2011) and signed into law by President Obama on December 31 (see December 31, 2011). The provision for indefinite military detention of any person accused of supporting groups hostile to the United States, without charge or trial, began to generate controversy soon after it was disclosed (see July 6, 2011 and after).

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

Timeline Tags: Civil Liberties

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

A federal judge denies the US government’s request (see May 25, 2012) to reconsider her order (see May 16, 2012) blocking enforcement of a law authorizing indefinite military detention, without charge or trial, of anyone, including US citizens arrested in the United States, accused of supporting groups hostile to the United States. Section 1021 of the 2012 National Defense Authorization Act (NDAA—see December 15, 2011) is under review in the case of Hedges v. Obama (see January 13, 2012) and Judge Katherine B. Forrest of the US District Court, New York Southern Division had issued a preliminary injunction enjoining enforcement of the law after finding it unconstitutional.
Controversy over Scope of Detention Authority - The US government had also stated in its request for reconsideration that it was interpreting Forrest’s order as applying only to the plaintiffs in the case. Forrest clarifies in her subsequent Memorandum Opinion and Order that by enjoining enforcement of § 1021(b)(2), the only remaining persons the law can be applied to are those defined in § 1021(b)(1): “A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.” This definition of covered persons is the same as the one given in the 2001 Authorization for Use of Military Force, passed by Congress following the September 11 attacks (see September 14-18, 2001). The Supreme Court has only ruled on a narrow range of relevant detention issues; one oft-cited case is Hamdi v. Rumsfeld (see June 28, 2004). Lower courts have produced a variety of opinions, some upholding an expansive view of detention authorities, others challenging it. In § 1021 of the NDAA, Congress asserted that it “affirms” detention authority granted under the AUMF, and does not “expand… the scope of the [AUMF].” Senator Carl Levin (D-MI), during a debate on the NDAA, explained the language in this way: “[W]e make clear whatever the law is. It is unaffected by this language in our bill” (see December 15, 2011). Congress included a separate, broader definition of covered persons in § 1021(b)(2) that potentially covered anyone alleged by the government to have supported groups hostile to the US, including US citizens arrested in the United States. This section is what prompted Hedges to sue, alleging these provisions violated his First and Fifth Amendment rights (see January 13, 2012). Forrest found the bill’s broad and vague provisions for indefinite military detention to be unconstitutional, and Congress’s statement that it was only affirming established law to be “contrary to basic principles of legislative interpretation that require Congressional enactments to be given independent meaning” (see May 16, 2012). [MEMORANDUM OPINION & ORDER: Hedges et al v. Obama 12 Civ. 331 (KBF) affirming preliminary injunction and scope, 6/6/2012]

Entity Tags: US Department of Justice, Katherine B. Forrest, Carl Levin, United States District Court, New York, Southern Division, National Defense Authorization Act of 2012

Timeline Tags: Civil Liberties

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

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

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

An artist’s rendition of Adel Abdel Bary tearing up in court.An artist’s rendition of Adel Abdel Bary tearing up in court. [Source: Reuters]Adel Abdel Bary is sentenced to 25 years in prison after pleading guilty to several terror-related counts, including making bomb threats and conspiring to kill American citizens overseas. Bary is the father of Abdel-Majed Abdel Bary, a suspected Islamic State of Iraq (ISIS) militant, originally one of three people thought to be the infamous “Jihadi John” who beheaded journalist James Foley in August 2014. (Authorities will later determine “Jihadi John” to be Briton Mohammed Emwazi.) Adel Abdel Bary admits to being an al-Qaeda spokesman following the bombings of the US embassies in Kenya and Tanzania in 1998 (see 10:35-10:39 a.m., August 7, 1998). Anas al-Liby and Khalid al-Fawwaz, also accused of being al-Qaeda operatives, were set to appear alongside Adel Abdel Bary in New York in two months’ time. Al-Liby and Fawwaz have pleaded not guilty to their terror charges. [Independent, 9/20/2014; US Department of Justice, 2/6/2015; Washington Post, 2/26/2015]

Entity Tags: Khalid al-Fawwaz, Adel Abdel Bary, Anas al-Liby

Timeline Tags: Complete 911 Timeline

Page 13 of 13 (1283 events)
previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 | next

Ordering 

Time period


Email Updates

Receive weekly email updates summarizing what contributors have added to the History Commons database

 
Donate

Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
Donate Now

Volunteer

If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.
Contact Us

Creative Commons License Except where otherwise noted, the textual content of each timeline is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike