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Context of 'June 14, 2012: Feingold: Campaign Finance System Shattered by ‘Citizens United,’ up to Court to Repair'

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

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

Timeline Tags: Civil Liberties

Twenty-one states and the District of Columbia join a brief filed by New York Attorney General Eric Schneiderman asking the US Supreme Court to reaffirm Montana’s ban on corporate spending. The brief is in response to an upcoming Court hearing on the Montana Supreme Court’s upholding of the Montana ban, which contradicts the 2010 Citizens United ruling (see January 21, 2010, December 30, 2011 and After, January 4, 2012, February 10-17, 2012, and April 30, 2012). The brief is signed by Schneiderman, a Democrat, and 22 other attorneys general, both Democrats and Republicans. In the brief, Schneiderman writes, “The Montana law at issue here, like many other state laws regulating corporate campaign expenditures in state and local elections, is sharply different from the federal law struck down in Citizens United, and the Court need not revise its ruling in Citizens United in order to sustain the challenged Montana law.” Referring to briefs asking the Court to reverse the Montana high court ruling without a review, Schneiderman writes, “Even if the challenged Montana law were identical to the federal statute struck down in Citizens United—and, as shown below, it is far from identical—disposing of this case on the merits would require a fully considered analysis that takes these constitutional distinctions into account.” The states with Democratic attorneys general include Arkansas, California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kentucky, Maryland, Massachusetts, Minnesota, Mississippi, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont, and West Virginia. States with Republican attorneys general include Idaho, Utah, and Washington. [International Business Times, 5/21/2012; Think Progress, 5/21/2012]

Entity Tags: US Supreme Court, Montana Supreme Court, Eric Schneiderman

Timeline Tags: Civil Liberties

Senator Sheldon Whitehouse (D-RI) tells a reporter that the Supreme Court issued its 2010 Citizens United decision (see January 21, 2010) in part because none of its members have ever been elected officials and thusly they have no personal experience with the corruption that comes with unregulated money being allowed into political campaigns. The Court’s majority opinion found that “independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.” Whitehouse says in part: “Unfortunately you had the five right-wing judges, none of whom have ever run for any office ever and have zero political experience between the five of them, offering opinions about what money can do in elections.… So clearly the finding of fact in Citizens United that unlimited corporate spending cannot either increase the risk of corruption or increase the appearance to the public that there’s corruption is ludicrous.… The president asked me who I thought, you know, what were the characteristics of somebody that should be appointed to the Court, and I said I think it should be somebody who has some actual political experience out there so that they are not operating in this political arena with absolutely no knowledge. Even if they wanted to come to the result that Citizens United came to, I think those judges would have had a hard time getting there if they’d had actual practical political experience because they would have known what a preposterous finding they were making.” Legal scholar Ian Millhiser of the liberal news Web site Think Progress writes: “The current Supreme Court includes eight former US Court of Appeals judges and one former law school dean. Four of the five current justices responsible for Citizens United served as political appointees in Republican administrations. The justices who decided Brown v. Board of Education (see May 17, 1954), by contrast, included one former governor, three former US senators, and one former state lawmaker.” [Think Progress, 5/23/2012]

Entity Tags: Ian Millhiser, US Supreme Court, Sheldon Whitehouse

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

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

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

Timeline Tags: Civil Liberties, 2012 Elections

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

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

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

Timeline Tags: Civil Liberties, 2012 Elections

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

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties, 2012 Elections

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

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

Timeline Tags: Civil Liberties, 2012 Elections

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties, 2012 Elections

Analysis from the Annenberg Public Policy Center shows that 85 percent of the spending by the top 501(c)4 groups involved in the 2012 presidential campaign has been on ads found to be “deceptive” by fact-checking organizations. Spending from third-party groups, including “nonprofit” 501(c)4 groups, is up by 1,100 percent since the 2008 presidential campaign (see May 2, 2012). All of the ads are by Republican or conservative groups; Democratic 501(c)4 groups have not yet spent any money on the race. The ads, which aired between December 1, 2011 and June 1, 2012, have either targeted Republican presidential primary candidates or President Obama. The Washington Post’s Glenn Kessler, part of the Post’s “Fact Checker” team, recently criticized the wave of untruthful advertising, writing that “watching these ads is a depressing duty for The Fact Checker.… The erroneous assertions emerge… without any shame, labeled as ‘the truth’ or ‘fact.’” Kessler was criticizing ad campaigns by Americans for Prosperity (AFP—see Late 2004, May 29, 2009, and November 2009) and the American Future Fund (see October 12, 2010), which spent $8 million to attack Obama’s approval of the expense of “stimulus” money for “wasteful” programs that the ads falsely claimed sent American jobs to foreign countries. According to the Annenberg analysis, the four top groups spending money on deceptive ads are:
bullet The American Energy Alliance, a trade organization that advocates “free market energy policies,” with expenditures of $3,269,000;
bullet Americans for Prosperity, advocating lower taxes and less government spending, with expenditures of $5,018,000;
bullet The American Future Fund, with expenditures of $6,365,930; and
bullet Crossroads GPS, a conservative public policy advocacy group founded by former Bush administration political chief Karl Rove and former Republican National Committee director Ed Gillespie, with expenditures of $10,263,760.
Like the ads Kessler cited, many of the ads bought by the above-listed expenditures went to attack Obama over government financing of green energy companies such as the bankrupt solar company Solyndra. According to Bloomberg News, 81 percent of the attack ads against Obama in the first quarter of 2012 were about energy. [Washington Post, 4/30/2012; Annenberg Public Policy Center, 6/20/2012; Think Progress, 6/27/2012]

Entity Tags: American Crossroads GPS, Barack Obama, American Energy Alliance, Annenberg Public Policy Center, American Future Fund, Americans for Prosperity, Karl C. Rove, Bloomberg News, Ed Gillespie, Glenn Kessler, Solyndra Corporation

Timeline Tags: Civil Liberties, 2012 Elections

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 First National Romney Victory Leadership Retreat, a two-day, invitation-only conference in Park City, Utah, features a number of prominent Republican lawmakers and financiers gathered to coordinate strategy for the presidential campaign of Mitt Romney (R-MA). The Washington Post describes the event as three days of “strategizing and fraternizing.” One donor and member of Romney’s national finance team told a reporter before the event that a “well organized, committed team” is expected who are “subordinating individual ego for the greater goal.” Perhaps the most controversial figure attending is Karl Rove, the former Bush administration political advisor who now helps run American Crossroads and Crossroads GPS (see April 13-20, 2012). The two groups have been heavily involved in running advertisements and other activities on behalf of the Romney campaign, but the law says the groups must conduct themselves independently of the Romney campaign. The Post reports, “Rove’s appearance could raise questions because of laws barring any coordination between super PACs and campaigns.” Common Cause’s Mary Boyle says that Rove’s appearance “seems to make a mockery of the rule that bans coordination between a super PAC and a candidate.” Tara Malloy, senior counsel for the Campaign Legal Center, agrees with Boyle, but says Rove’s participation in the event is probably legal. “[T]he coordination rule is a pretty slim reed between candidates and the super PACs that support those candidates,” she says. “It’s not by any means an airtight barrier between those two.” To break the law, Romney campaign officials would have to have a “substantial discussion” with Rove about advertising strategies. Malloy says, “The scandal in Washington is what is legal, not what’s illegal.” Other attendees include former Secretary of State James A. Baker; former Minnesota Senator Norm Coleman, the founder of the American Action Network (AAN), another influential “independent” super PAC (see Mid-October 2010); Senators Bob Corker (R-TN) and Rob Portman (R-OH), a possible vice-presidential contender for Romney; former Utah Governor Mike Leavitt (who will lead Romney’s transition team if Romney wins the presidential election); Governor Bob McDonnell (R-VA), another possible vice-presidential choice; former Governor Tim Pawlenty (R-MN), also on the vice-presidential “short list”; former Governor John Sununu (R-NH); and Weekly Standard editor William Kristol. Senator John McCain (R-AZ) speaks to the assemblage, as does former Secretary of State Condoleezza Rice and former Governor Jeb Bush (R-FL). Governor Bobby Jindal (R-LA), a possible vice-presidential pick, moderates a panel discussion on “Innovation in America,” joined by Hewlett Packard CEO Meg Whitman, billionaire donor Ken Langone, and two other possible vice-presidential choices, Representative Paul Ryan (R-WI) and Senator John Thune (R-SD). Rove takes part in a panel discussion called “Media Insight,” along with Romney counsel Ben Ginsberg, Kristol and his Weekly Standard colleague Fred Barnes, and GOP strategist Mary Matalin. A “Women for Romney Victory Tea” features Romney’s wife Anne and former Olympic figure skater Dorothy Hamill. Possible vice-presidential choices Senator Kelly Ayotte (R-NH), Senator Marco Rubio (R-FL), Governor Susana Martinez (R-NM), and Governor Nikki Haley (R-SC) do not attend the conference. Nor does Governor Chris Christie (R-NJ), a popular Republican who is not known to be on the vice-presidential list. Many Wall Street and private equity donors are also in attendance, welcomed by Woody Johnson, the owner of the New York Jets and the co-chair of Romney’s national finance team. One finance team member predicts the three-day event will raise as much as $700 million for Romney’s campaign. [ABC News, 6/20/2012; Washington Post, 6/20/2012; Think Progress, 6/21/2012]

Entity Tags: Bob McDonnell, Susana Martinez, Robert Jones (“Rob”) Portman, Paul Ryan, Norm Coleman, Bob Corker, Tara Malloy, Tim Pawlenty, Washington Post, Willard Mitt Romney, American Crossroads, American Crossroads GPS, Anne Romney, Woody Johnson, William Kristol, Mitt Romney presidential campaign (2012), Mike Leavitt, Nikki Haley, Ben Ginsberg, Fred Barnes, Dorothy Hamill, Condoleezza Rice, Christopher J. (“Chris”) Christie, Bobby Jindal, Meg Whitman, John Ellis (“Jeb”) Bush, James A. Baker, John Sununu, Ken Langone, Marco Rubio, Mary Boyle, Kelly Ayotte, John McCain, Mary Matalin, Karl C. Rove, John Thune

Timeline Tags: Civil Liberties

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

A Fourth Circuit federal appeals court rules that while the Supreme Court’s controversial Citizens United decision (see January 21, 2010) allows corporations to make independent expenditures to support or oppose candidates for public office, corporations cannot make direct contributions to candidates. The court’s ruling strikes down an earlier judge’s finding that corporations have exactly the same political speech rights as individuals (see May 26, 2011 and After). [OMB Watch, 7/10/2012]

Entity Tags: US Supreme Court

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

House Democrats try yet again to bring the DISCLOSE Act, which would require corporate and union donors to publicly disclose their campaign contributions, to the chamber for a vote. They are joined by a lone Republican, Walter Jones (R-NC). Democrats so far have 167 signers on the motion to move the bill to the floor for a vote; they need 218. Most observers agree that House Democrats will not get the 218 signatures they need. Recently, Democrats were blocked by Senate Republicans from bringing the bill to a vote (see July 14-17, 2012). [The Hill, 7/24/2012]

Entity Tags: Walter Jones, DISCLOSE Act of 2010, US House of Representatives

Timeline Tags: Civil Liberties

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

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

Timeline Tags: 2012 Elections

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: US Solar Industry

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

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

Timeline Tags: US Solar Industry

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

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

Timeline Tags: US Solar Industry

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

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

Timeline Tags: US Solar Industry

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

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

Timeline Tags: US Solar Industry

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