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Context of 'January 29, 2001: Bush Wants to Preserve Executive Powers for Himself, ‘Predecessors’'

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Lawyers for the Gore presidential campaign ask Judge Terry Lewis (see Afternoon, November 14, 2000) to require Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After) to include recount ballot tallies made after her November 14 deadline (see 9:14 p.m., November 15, 2000). Gore lawyer Dexter Douglas tells Lewis: “She says, ‘You can only have a hand count in case of mechanical failure or hurricane.’ And the attorney general said that’s a bunch of bunk” (see 9:00 a.m. November 13, 2000). [US News and World Report, 12/13/2000] The next day, Lewis will rule that Harris has the power to ignore late-filed returns (see 10:04 a.m. - 12:45 p.m. November 17, 2000).

Entity Tags: Dexter Douglas, Al Gore presidential campaign 2000, Terry Lewis, Katherine Harris

Timeline Tags: 2000 Elections

The Florida Supreme Court rules that Palm Beach and Broward Counties can proceed with a manual recount of ballots (see 4:30 p.m. November 14, 2000, 3:40 p.m. November 15, 2000, and Early Morning, November 16, 2000). Almost immediately, Palm Beach officials announce that they will begin that recount. The Court rules that a state judge must decide if the recount totals must be accepted. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: County of Palm Beach (Florida), County of Broward (Florida), Florida Supreme Court

Timeline Tags: 2000 Elections

Apparently emboldened by a judge’s halt to Florida declaring a winner in its presidential race (see 5:00 p.m. November 17, 2000), Miami-Dade County election officials vote to conduct a full manual recount of their county’s presidential ballots. [Leip, 2008] Initial figures in the recount show a significant number of “undervotes” going to Democrat Al Gore (see November 7, 2000). In response, Republican lawyers attempt to challenge vote after vote that is tallied to Gore, with corresponding counter-challenges from Democratic lawyers. Kendall Coffey, a Gore campaign lawyer, later recalls that as the Gore totals begin to accumulate, “panic buttons were being pushed” among the Republicans. Days later, a mob of Republican activists will descend on the Miami-Dade election board and force the shutdown of the recounts (see 9:00 a.m. and after, November 22, 2000). [Vanity Fair, 10/2004]

Entity Tags: George W. Bush, Al Gore presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., George W. Bush presidential campaign 2000, County of Miami-Dade (Florida), Kendall Coffey

Timeline Tags: 2000 Elections

Leon County Judge Terry Lewis rules that Florida law gives Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), “broad discretionary authority to accept or reject late-filed returns,” referring to recounts submitted after Harris’s November 14 deadline (see 9:14 p.m., November 15, 2000). After Lewis issues his ruling, Harris issues a statement hinting she is poised to certify the election when the absentee ballots are in by noon on November 18 (see November 18, 2000). An hour after the ruling, James Baker, representing the Bush campaign team, says George W. Bush and his running mate Dick Cheney “are understandably pleased” with Lewis’s finding. “The rule of law has prevailed,” he says. Gore campaign lawyer Warren Christopher warns against premature “partying” by Republicans, and says the campaign is taking Lewis’s ruling to the Florida Supreme Court. This afternoon, the Florida Supreme Court puts a hold on Lewis’s decision, citing a pending appeal by the Gore campaign (see 5:00 p.m. November 17, 2000). [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: Katherine Harris, County of Leon (Florida), Florida Supreme Court, James A. Baker, Richard (“Dick”) Cheney, Terry Lewis, George W. Bush, Warren Christopher

Timeline Tags: 2000 Elections

The Florida Supreme Court bars Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), from rejecting all post-deadline recount tallies (see 9:14 p.m., November 15, 2000) as well as certifying George W. Bush (R-TX) as the state’s presidential winner “until further order of this court” (see 10:04 a.m. - 12:45 p.m. November 17, 2000). It sets a hearing for Monday, November 20 to hear arguments on the recount dispute. The Court says flatly, “it is NOT the intent of this order to stop the counting.” [Supreme Court of Florida, 11/17/2000 pdf file; US News and World Report, 12/13/2000; Leip, 2008] Harris is prepared to certify Bush as the winner (see Evening, November 14, 2000), which would give him the electoral votes needed to grant him the presidency (see November 9, 2000). With that no longer a possibility, James Baker, the leader of the Bush “quick response” campaign recount team (see Mid-Morning, November 8, 2000), issues a public threat: the incoming Florida speaker of the House, Republican Tom Feeney, will, if necessary, take matters into his own hands and vote in an independent slate of “electors” who would journey to Washington and vote for Bush in the US Electoral College. Because both houses of the Florida legislature are dominated by Republicans, Feeney could pass just such a bill authorizing that procedure. [Vanity Fair, 10/2004] Bush and his campaign officials harshly denounce the Court’s ruling. Bush accuses the Court of using “the bench to change Florida’s election laws and usurp the authority of Florida’s election officials,” and states that “writing laws is the duty of the legislature; administering laws is the duty of the executive branch.” However, the liberal news Web site Consortium News notes that Bush seems unaware of the duty of the judicial branch, “a fact taught to every American child in grade-school civics class—that it is the duty of the judiciary to interpret the laws. It is also the responsibility of the courts to resolve differences between parties under the law.” [Consortium News, 11/23/2000]

Entity Tags: Tom Feeney, Florida Supreme Court, Katherine Harris, George W. Bush presidential campaign 2000, George W. Bush, James A. Baker, Consortium News, US Electoral College

Timeline Tags: 2000 Elections

Florida’s presidential vote tallies are adjusted, in line with state law, to reflect absentee ballots (see 12:00 a.m., November 17, 2000 and November 15-17, 2000). The slim lead belonging to George W. Bush (R-TX—see Evening, November 14, 2000) expands to 930 votes; Bush picks up 1,380 votes and Vice President Al Gore (D-TN) picks up 750 votes. [US News and World Report, 12/13/2000; Leip, 2008] After the modified vote tallies are announced, Bush campaign officials begin publicly complaining of manual-recount irregularities. [Pittsburgh Post-Gazette, 12/17/2000] Three Florida counties are either engaged in manual recounts or are preparing to recount (see November 17, 2000, 3:40 p.m. November 15, 2000, and 3:00 p.m., November 16, 2000).

Entity Tags: George W. Bush presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., George W. Bush

Timeline Tags: 2000 Elections

The online news Web site Salon reports that while the Bush campaign opposes the Gore campaign’s requests for manual recounts in four heavily Democratic counties (see Mid-Morning, November 8, 2000, November 8, 2000, November 9, 2000, 11:35 p.m. November 9, 2000, November 10, 2000, November 11-13, 2000, 9:00 a.m. November 13, 2000, 12:00 p.m., November 15, 2000, 10:15 p.m., November 15, 2000, Early Morning, November 16, 2000, 5:00 p.m. November 17, 2000, and 12:36 p.m. November 19, 2000), it quietly accepted voluntary manual recounts from four Florida counties that contributed 185 votes to the Bush tally. According to Salon, in those four counties—Seminole, Polk, Taylor, and Hamilton—elections officials took it upon themselves to manually count ballots that could not be read by machine, so-called “undervotes.” Those recounts are entirely legal. The Seminole recount garnered 98 votes for George W. Bush. Al Gore lost 90 votes in Polk County because the votes had apparently been counted twice. The Taylor recount garnered four votes for Bush. The Hamilton recount garnered 10 votes for Gore. (A similar report by the online news site Consortium News uses different counties—Franklin, Hamilton, Seminole, Washington, Taylor, and Lafayette—to note that Bush has garnered some 418 votes in those counties’ recounts.) Bush campaign spokeswoman Mindy Tucker says that under Florida law, county canvassing boards have the discretion as to whether to inspect uncounted ballots by hand, and says that the Gore campaign’s calls for recounts of undervotes in Miami-Dade County (see November 7, 2000) is another in its attempt to “continually try to change the rules in the middle of the game. The ballots were inspected by hand in some cases but not all, and under Florida law it’s the canvassing board’s decision legally. It’s our belief that these votes have been counted.” Gore spokesman Chris Lehane says the Gore campaign wants the same consideration given to Miami-Dade votes as given to votes in other counties. Moreover, Miami-Dade uses punch-card ballots, which yield far more errors than the “optiscan” balloting systems used in Seminole, Polk, Taylor, and Hamilton. “Keep in mind, punch cards are used in poorer areas,” he says. “Most of these other ballots were optical ones where the reliability was much, much higher. And in poorer areas, you have bad machines or flawed ballots. We think we have a pretty clear and compelling argument.” Senior Bush campaign adviser James Baker says that manually recounting votes in Democratic-leaning counties was comprised of “subjective” attempts to “divine the intent of the voter,” and that hand-counting votes provides “tremendous opportunities for human error and… mischief.” Democrats retort that Baker’s statement is hypocritical, and point to Bush’s gain in Republican-leaning counties as proof of both the accuracy of recounting and the need to count each vote. [Consortium News, 11/19/2000; Salon, 11/28/2000]

Entity Tags: County of Polk (Florida), County of Franklin (Florida), Chris Lehane, Albert Arnold (“Al”) Gore, Jr., County of Hamilton (Florida), County of Miami-Dade (Florida), County of Washington (Florida), James A. Baker, County of Seminole (Florida), County of Taylor (Florida), County of Lafayette (Florida), George W. Bush, George W. Bush presidential campaign 2000, Mindy Tucker

Timeline Tags: 2000 Elections

Florida’s Miami-Dade County begins a manual recount of its presidential ballots (see November 7, 2000 and November 17, 2000). Bush campaign lawyers and local Republicans tried and failed to get a judge to stop the recounts, arguing that using machines to sort ballots to find votes would damage ballots and, presumably, give Democrat Al Gore more votes. The judge refuses to rule in the Republicans’ favor, and Miami-Dade election officials begin hunting for questionable ballots for recounting. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] On November 22, after Bush operatives and local Bush supporters stage a riot outside the elections offices, the Miami-Dade elections board will cancel the recount, saying it does not have enough time to complete the recount by the November 26 deadline (see 9:00 a.m. and after, November 22, 2000).

Entity Tags: George W. Bush, County of Miami-Dade (Florida), Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: 2000 Elections

Bush campaign attorneys note that all the absentee ballots have been tallied (see November 18, 2000 and November 15-17, 2000). They ask the Florida Supreme Court to just instruct the State of Florida to name a winner of its presidential election (see After 3:30 a.m. November 8, 2000). [US News and World Report, 12/13/2000]

Entity Tags: George W. Bush presidential campaign 2000, George W. Bush

Timeline Tags: 2000 Elections

The Florida Supreme Court hears recount arguments from both the Gore and Bush presidential campaigns regarding whether Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), should consider hand-recounted ballots before she certifies results of the presidential election (see 5:00 p.m. November 17, 2000). Bush lawyers argue that the Court is “without power” to decide which ballots should or should not be tallied. At 9:45 p.m. November 21, the Court unanimously rules that the manual recounts can continue and that Harris must accept those totals in the final results (see 10:04 a.m. - 12:45 p.m. November 17, 2000). The Court rules that the deadline for certifying the election is either 5:00 p.m. November 26, a Sunday, or November 27, at Harris’s discretion. Harris’s staff is caught by surprise by the ruling, downloading it off the Internet instead of receiving a copy from the Court; Harris’s plan to certify George W. Bush as president is blocked. Democratic presidential candidate Al Gore welcomes the ruling, saying that both he and Bush should plan their transitions in case either is certified. [Supreme Court of Florida, 11/21/2000 pdf file; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Court says in its ruling that “the right of the people to cast their vote is the paramount concern overriding all others.” Campaign observers have said that if the Florida high court’s ruling went the other way, Gore would concede the election. Some of Gore’s senior campaign advisors reportedly told Gore to stop further challenges if the Florida court decision went in Bush’s favor. [Guardian, 11/22/2000] Bush campaign representatives level charges that the Gore campaign is attempting to “steal” the election. Bush campaign attorney James Baker calls the Supreme Court’s ruling “unjust.” Governor Marc Racicot (R-MT), who has emerged in recent days as an influential Bush campaign spokesman, threatens “some extraordinary” measures to overcome the effects of the Court’s ruling (see 9:00 a.m. and after, November 22, 2000). [Guardian, 11/23/2000]

Entity Tags: Marc Racicot, Katherine Harris, George W. Bush, George W. Bush presidential campaign 2000, Al Gore presidential campaign 2000, James A. Baker, Florida Supreme Court

Timeline Tags: 2000 Elections

Florida’s Miami-Dade County begins its actual recount of its presidential election votes (see November 7, 2000 and Before 10:00 a.m. November 19, 2000). Perhaps because the number of votes to recount is so large, the electors will soon decide to only count some 10,750 “undervotes,” or ballots lacking a clear presidential choice. [US News and World Report, 12/13/2000]

Entity Tags: County of Miami-Dade (Florida)

Timeline Tags: 2000 Elections

The Bush presidential campaign files a petition in the US Supreme Court, asking the Court to review the Florida Supreme Court’s ruling that Florida can continue manual recounts, and that those new recount tallies be included in the final election results (see November 20-21, 2000). Bush lawyers argue that the Supreme Court effectively rewrote Florida election law in mandating the recount tallies be counted, by essentially changing the law after the election had occurred; they also argue that Florida judges have no jurisdiction or legal authoritiy to order Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After) to consider manually recounted votes. Both arguments are considered somewhat abstruse and technical. The Bush campaign also claims, with little legal backing, that to recount the votes violates constitutional guarantees of due process and equal protection. Gore lawyers say that the matter is up to the state courts, and is not a federal matter warranting the involvement of the US Supreme Court. The Court agrees to hear the case, and sets the hearing date for December 1, 2000. [Supreme Court of the United States, 11/22/2000 pdf file; Certiorari Granted, 11/24/2000 pdf file; Guardian, 11/25/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Vanity Fair, 10/2004; Leip, 2008] “We believe we stand on both strong political and legal ground for fighting beyond Sunday,” says Gore campaign adviser Ron Klain. After the Court agrees to hear the case, Harris, the co-chair of Florida’s Bush campaign team, says she is ready to certify the election for George W. Bush tomorrow night regardless of the outcome of the Supreme Court hearing. “The Department of State is prepared for the earliest contingency, which would be certification Sunday evening,” her chief of staff Ben McKay says. “This will be done publicly regardless of the outcome, which is, of course, unknown at this time.” [Guardian, 11/25/2000] Many Court observers, and some of the justices themselves, are surprised that the case is being heard. The Bush petition for certiorari, or for the Court to take the case, comes to Justice Anthony Kennedy, whose task it is to consider emergency motions from Florida, Georgia, and Alabama. Kennedy pushes his colleagues to take the case, arguing that the Court is the true and ultimate arbiter of such matters, though he concedes that the Bush petition is legally questionable. The Court’s conservative bloc—Antonin Scalia, Clarence Thomas, Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000), and Chief Justice William Rehnquist—agree to hear the case. (Court rules mandate that the consent of four justices, not a majority, is enough to hear a case.) The case is to be expedited in a way far different from the usual sedately paced Court proceedings. The sudden urgency has Court clerks scrambling to change their Thanksgiving plans and contacting the justices they work for. The clerks for the four liberal justices, David Souter, John Paul Stevens, Ruth Bader Ginsburg, and Stephen Breyer, are dismayed by the entire situation. “We changed our minds every five minutes about whether the fix was in,” one clerk later recalls. The liberal clerks find it almost impossible to believe that any Court justice would consider interceding in what is by constitutional definition an executive and legislative matter. Justice Stevens is not convinced of his conservative colleagues’ restraint, and begins drafting a dissent from what he fears will be a majority opinion granting Bush the election. The early draft focuses on the reasons why the Court should have never accepted the case. [Vanity Fair, 10/2004]

Entity Tags: Florida Supreme Court, David Souter, Ben McKay, Antonin Scalia, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., William Rehnquist, US Supreme Court, Stephen Breyer, Sandra Day O’Connor, Ron Klain, Clarence Thomas, Ruth Bader Ginsburg, Katherine Harris, George W. Bush presidential campaign 2000, George W. Bush, John Paul Stevens

Timeline Tags: 2000 Elections

A photograph of the Republican operatives mobbing the Miami-Dade elections offices. Those identified in the photograph include Thomas Pyle, Garry Malphrus, Rory Cooper, Kevin Smith, Steven Brady, Matt Schlapp, Roger Morse, Duane Gibson, Chuck Royal, and Layna McConkey.A photograph of the Republican operatives mobbing the Miami-Dade elections offices. Those identified in the photograph include Thomas Pyle, Garry Malphrus, Rory Cooper, Kevin Smith, Steven Brady, Matt Schlapp, Roger Morse, Duane Gibson, Chuck Royal, and Layna McConkey. [Source: Pensito Review]Miami-Dade County election officials vote unanimously to halt the county’s manual recount of presidential ballots (see November 7, 2000 and Before 10:00 a.m. November 19, 2000), saying the county does not have enough time to complete its recount by the November 26 deadline. Instead, they vote to recount only 10,750 “undervotes,” ballots that don’t clearly indicate a presidential choice. The decision costs Democratic candidate Al Gore a 157-vote gain from the halted recount process. That evening, a Florida State appeals court denies a motion by Democrats to force Miami-Dade County to restart the manual recount. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Opposing Beliefs - The next day, the Florida Supreme Court will also refuse to order Miami-Dade to restart the recount (see 2:45 p.m. November 23, 2000). Press reports say that the decision “dramatically reverse[s] the chances of Al Gore gathering enough votes to defeat George W. Bush.” Gore’s senior campaign advisor William Daley calls the recounts “mandatory” and calls for “the rule of law” to be upheld. For his part, Bush says: “I believe Secretary Cheney and I won the vote in Florida (see After 3:30 a.m. November 8, 2000). And I believe some are determined to keep counting in an effort to change the legitimate result.” In light of the Miami-Dade decision, the Bush campaign’s chief legal advisor James Baker invites the Republican-controlled Florida Legislature to unilaterally declare Bush the victor, saying, “One should not now be surprised if the Florida legislature seeks to affirm the original rules.”
Agitators Disrupt Recount Proceedings - The recount proceedings are disrupted and ultimately ended by a mob of Republicans, some local and some bussed and flown in from Washington by the Bush campaign. The agitators are protesting outside the Miami-Dade County election offices, shouting and attempting to interfere with the proceedings of the canvassing board. Republicans have accused a Democratic lawyer of stealing a ballot. [Guardian, 11/23/2000; Guardian, 11/25/2000]
Rioters Made Up of Republican Staffers, Others - Democrats accuse Republican protesters of intimidating the Miami-Dade County officials into stopping the recount. Democratic vice-presidential candidate Joe Lieberman says the demonstrations in Miami have been orchestrated by Republicans “to intimidate and to prevent a simple count of votes from going forward.” Six Democratic members of the US Congress demand the Justice Department investigate the claims, saying that civil rights have been violated in “a shocking case of undermining the right to vote through intimidation and threats of violence.” Jenny Backus, a spokeswoman for the Democratic National Committee (DNC), says, “The Republicans are out of control,” and accuses them of using paid agitators to “create mob rule in Miami.” [Guardian, 11/25/2000] Later investigations show that the “spontaneous protests” by Republican protesters were far more orchestrated and violent than generally reported by the press at the time. Investigative journalist Robert Parry will write that the protests, called the “Brooks Brothers Riot” because of the wealthy, “preppie” makeup of the “protesters,” helped stop the recount, “and showed how far Bush’s supporters were ready to go to put their man in the White House.” He will write that the protests should be more accurately termed a riot. At least six of the rioters were paid by the Bush recount committee, payments documented in Bush committee records only released to the IRS in July 2002 (see July 15, 2002). Twelve Republican staffers will later be identified in photographs of the rioters. The six who can be confirmed as being paid are: Bush staffer Matt Schlapp from Austin, Texas; Thomas Pyle, a staff aide to House Majority Whip Tom DeLay (R-TX); DeLay fundraiser Michael Murphy; Garry Malphrus, House majority chief counsel to the House Judiciary Subcommittee on Criminal Justice; Charles Royal, a legislative aide to Representative Jim DeMint (R-SC); and former Republican House staffer Kevin Smith. Another Republican is identified as Doug Heye, a staffer for Representative Richard Pombo (R-CA). At least three of the rioters—Schlapp, Malphrus, and Joel Kaplan—will later join the Bush White House. Many of the rioters were brought in on planes and buses from Washington as early as mid-November, with promises of expenses payments. On November 18, 2000, the Bush campaign told activists, “We now need to send reinforcements” to rush to Florida. “The campaign will pay airfare and hotel expenses for people willing to go.” Many of the respondents are low-level Republican staffers from Congress. “These reinforcements… added an angrier tone to the dueling street protests already underway between supporters of Bush and Gore,” Parry will write. Quoting ABC reporter Jake Tapper, Parry will write, “The new wave of Republican activists injected ‘venom and volatility into an already edgy situation.’” Signifying the tone, before the Miami riot, Brad Blakeman, Bush’s campaign director of advance travel logistics, screamed down a CNN correspondent attempting to interview a Democratic Congressman: “This is the new Republican Party, sir! We’re not going to take it anymore!” [Consortium News, 11/27/2000; Consortium News, 8/5/2002; Vanity Fair, 10/2004] Some of the local protesters are summoned to the Miami-Dade electoral offices by angry broadcasts over radio stations with largely Cuban-American audiences; over these radio stations, listeners hear Bush campaign lawyer Roger Stone, coordinating the radio response, say that the recounts intend to disenfranchise Hispanic voters. Republican operatives coordinate the protests by shouting orders through megaphones. [Consortium News, 11/24/2000; Center for American Progress, 12/9/2010] Cuban-Americans voted heavily for Bush in the November 7 election. [Tapper, 3/2001]
Details of the Riot; Staffers Assaulted and Beaten - After learning that the Miami-Dade County canvassing board was beginning to examine 10,750 disputed ballots that had not previously been counted, US Representative John Sweeney (R-NY) issues the order to “Shut it down!” (Sweeney is coordinating his efforts with a local Cuban congressman who himself is coordinating the Cuban-American mob response.) Brendan Quinn, the executive director of the New York Republican Party, tells some two dozen Republican operatives outside the Miami-Dade County election offices to storm the room on the 19th floor where the canvassing board is meeting. Tapper later writes: “Emotional and angry, they immediately make their way outside the larger room in which the tabulating room is contained. The mass of ‘angry voters’ on the 19th floor swells to maybe 80 people,” including many of the Republican activists from outside Florida, and joined by local protesters. As news organizations videotape the scene, the protesters reach the board offices and begin shouting slogans such as “Stop the count! Stop the fraud!” “Three Blind Mice!” and “Fraud, fraud, fraud!” and banging on doors and walls. The protesters also shout that a thousand potentially violent Cuban-Americans are on the way. Official observers and reporters are unable to force their way through the shouting crowd of Republican operatives and their cohorts. Miami-Dade spokesman Mayco Villafena is physically assaulted, being pushed and shoved by an unknown number of assailants. Security officials, badly outmanned, fear the confrontation will swell into a full-scale riot. Miami-Dade elections supervisor David Leahy orders the recounts stopped, saying, “Until the demonstration stops, nobody can do anything.” (Although board members will later insist that they were not intimidated into stopping, the recounts will never begin again. Leahy will later say: “This was perceived as not being an open and fair process. That weighed heavy on our minds.”) Meanwhile, unaware of the rioting, county Democratic chairman Joe Geller stops at another office in search of a sample ballot. He wants to prove his theory that some voters had intended to vote for Gore, but instead marked an adjoining number indicating no choice. He finds one and leaves the office. Some of the rioters spot Geller with the sample ballot, and one shouts, “This guy’s got a ballot!” Tapper will later write: “The masses swarm around him, yelling, getting in his face, pushing him, grabbing him. ‘Arrest him!’ they cry. ‘Arrest him!’ With the help of a diminutive DNC [Democratic National Committee] aide, Luis Rosero, and the political director of the Miami Gore campaign, Joe Fraga, Geller manages to wrench himself into the elevator.” Rosero stays behind to attempt to talk with a reporter, and instead is kicked and punched by rioters. A woman shoves Rosero into a much larger man in what Tapper will later theorize was an attempt to start a fight between Rosero and the other person. In the building lobby, some 50 Republican protesters and activists swarm Geller, surrounding him. Police escort Geller back to the 19th floor in both an attempt to save him from harm and to ascertain what is happening. The crowd attempts to pull Geller away from the police. Some of the protesters even accost 73-year-old Representative Carrie Meek (D-FL). Democratic operatives decide to leave the area completely. When the mob learns that the recounts have been terminated, they break forth in lusty cheers.
After-Party - After the riots, the Bush campaign pays $35,501.52 for a celebration at Fort Lauderdale’s Hyatt Regency, where the rioters and campaign officials party, enjoy free food and drink, receive congratulatory calls from Bush and Dick Cheney, and are serenaded by Las Vegas crooner Wayne Newton, singing “Danke Schoen,” German for “thank you very much.” Other expenses at the party include lighting, sound system, and even costumes.
Media Reportage - Bush and his campaign officials say little publicly about the riot. Some press outlets report the details behind the riots. The Washington Post later reports that “even as the Bush campaign and the Republicans portray themselves as above the fray,” national Republicans actually had joined in and helped finance the riot. The Wall Street Journal tells readers that Bush offered personal words of encouragement to the rioters after the melee, writing, “The night’s highlight was a conference call from Mr. Bush and running mate Dick Cheney, which included joking reference by both running mates to the incident in Miami, two [Republican] staffers in attendance say.” The Journal also observes that the riot was led by national Republican operatives “on all expense-paid trips, courtesy of the Bush campaign.” And, the Journal will note, the rioters went on to attempt to disrupt the recounts in Broward County, but failed there to stop the proceedings. The Journal will write that “behind the rowdy rallies in South Florida this past weekend was a well-organized effort by Republican operatives to entice supporters to South Florida,” with DeLay’s Capitol Hill office taking charge of the recruitment. No similar effort was made by the Gore campaign, the Journal will note: “This has allowed the Republicans to quickly gain the upper hand, protest-wise.” And the Journal will write that the Bush campaign worked to keep its distance from the riots: “Staffers who joined the effort say there has been an air of mystery to the operation. ‘To tell you the truth, nobody knows who is calling the shots,’ says one aide. Many nights, often very late, a memo is slipped underneath the hotel-room doors outlining coming events.” But soon, media reports begin echoing Bush campaign talking points, which call the “protests” “fitting, proper,” and the fault of the canvassing board: “The board made a series of bad decisions and the reaction to it was inevitable and well justified.” The Bush campaign says the mob attack on the elections office was justified because civil rights leader Jesse Jackson had led peaceful, non-violent protests in favor of the recounts in Miami the day before. The campaign also insists that the protests were spontaneous and made up entirely of local citizens. On November 26, Governor Marc Racicot (R-MT), a Bush campaign spokesman, will tell NBC viewers: “Clearly there are Americans on both sides of these issues reflecting very strong viewpoints. But to suggest that somehow this was a threatening situation, in my view, is hyperbolic rhetoric.”
Effect of the Riot - According to Parry, the riot, broadcast live on CNN and other networks, “marked a turning point in the recount battle. At the time, Bush clung to a lead that had dwindled to several hundred votes and Gore was pressing for recounts (see November 20-21, 2000). The riot in Miami and the prospects of spreading violence were among the arguments later cited by defenders of the 5-to-4 US Supreme Court ruling (see 9:54 p.m. December 12, 2000)… that stopped a statewide Florida recount and handed Bush the presidency. Backed by the $13.8 million war chest, the Bush operation made clear in Miami and in other protests that it was ready to kick up plenty of political dust if it didn’t get its way.” In the hours after the riot, conservative pundits led by Rush Limbaugh will engage in orchestrated assaults on the recount process as fraudulent and an attempt by the Gore campaign to “invent” votes. No one is ever charged with any criminal behaviors as a result of the riot. [Consortium News, 11/24/2000; Washington Post, 11/27/2000; Village Voice, 12/19/2000; Consortium News, 8/5/2002; Vanity Fair, 10/2004; Center for American Progress, 12/9/2010]

The Gore presidential campaign files an emergency petition with the Florida Supreme Court asking the Court to force Miami-Dade County to resume its manual recount of presidential ballots (see 9:00 a.m. and after, November 22, 2000). Gore lawyers unsuccessfully argue that Miami-Dade “[v]oters had their votes inexplicably erased” (see November 7, 2000). The Court rejects the request. [Supreme Court of Florida, 11/23/2000 pdf file; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: County of Miami-Dade (Florida), Al Gore presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., Florida Supreme Court

Timeline Tags: 2000 Elections

Gore campaign lawyers ask the US Supreme Court to deny a Bush campaign request to not count manually-recounted presidential ballots, calling the request a “bald attempt to federalize a state court dispute.” The next day, the Court will agree to hear the Bush petition (see November 22-24, 2000). [US News and World Report, 12/13/2000]

Entity Tags: Al Gore presidential campaign 2000, US Supreme Court, Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: 2000 Elections

Bush supporters display ‘Sore Loserman’ signs.Bush supporters display ‘Sore Loserman’ signs. [Source: CNN / Infoimagination (.org)]The Bush campaign works with Florida Republicans to orchestrate the so-called “Sore Loserman” campaign, playing off the names of the two Democratic presidential ticket members, Al Gore (D-TN) and Joe Lieberman (D-CT), to bring pressure for the Democrats to concede the presidency to George W. Bush. Throughout the day, Republican activists protest and wave “Sore Loserman” signs outside the canvassing board offices in the Florida counties that are still recounting votes. One Gore ally is physically threatened by protesters outside the Broward County courthouse and requires bodyguards to exit the courthouse unscathed. Democrats charge that the protesters are trying to disrupt the recount effort (see 9:00 a.m. and after, November 22, 2000) and send a letter to the US Justice Department asking for an immediate investigation. [US News and World Report, 12/13/2000] A few days later, Steven Meyer, a Democratic election observer in Palm Beach County, writes that both Republicans and Democrats are busing in protesters, but Republicans are paying protesters to participate. “I doubt that the people on the Democratic side are getting paid because we don’t have the cash,” he notes. Democrats who “infiltrate” the Republican protests will report being offered pay and expense money to keep coming back. He also writes: “Now, it’s reported that many of these protesters are the same people whom Cuban groups paid to stand outside of Elian Gonzalez’s home in Little Havana. It’s a regular cottage industry—have sign and clever slogan, will travel.” [American Prospect, 12/14/2000] Gonzalez is a young Cuban-American boy who became a cause celebre for some conservatives who accused the Clinton administration of enabling his Cuban father to “kidnap” him and return with him to Cuba after his mother died. [New York Times, 1/14/2000]

Entity Tags: Elian Gonzalez, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, Clinton administration, County of Palm Beach (Florida), Joseph Lieberman, Steven Meyer, George W. Bush presidential campaign 2000, George W. Bush, US Department of Justice, County of Broward (Florida)

Timeline Tags: 2000 Elections

Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), rejects a request by Palm Beach County election officials to give them a brief extension on turning in their recount tallies (see 3:00 p.m., November 16, 2000). This morning, Republican lawyers successfully disrupted the recounting for an hour by arguing about the order in which precincts should be handled (see 4:00 a.m. November 26, 2000). The county misses the 5:00 p.m. deadline by less than three hours, and thusly leaves almost 2,000 ballots unrecounted, though officials continue to count the remaining ballots. Harris decides to reject Palm Beach’s request after conferring with Mac Stipanovich, a Florida Republican lobbyist serving as her political “handler” (see Mid-Morning, November 8, 2000). [US News and World Report, 12/13/2000; Vanity Fair, 10/2004; Leip, 2008] Some media reports say that Democrat Al Gore picked up some 46 votes in the Palm Beach recount, though these votes are not added to the tally; Harris dubs Palm Beach’s entire recount null and void. [Guardian, 11/27/2000; Vanity Fair, 10/2004] Steven Meyer, an election observer for the Democratic Party, writes that when the 5:00 deadline arrived, election officials “had reviewed the challenged ballots in all but 51 of the 637 precincts and Gore had received a net gain of 192 votes in the manual recount.” The entire recount is finished by 7:20 p.m., and Gore’s net gain is 215 votes. Meyer learns that though Harris refused to accept the recount votes from Palm Beach County because it missed the deadline, she had accepted recounts from counties where Bush showed slight gains. Meyer writes, “This resulted in the 537 vote ‘official’ lead that the media is reporting.” Of the recount process itself, Meyer writes: “The Republican spin is that all votes have been counted by machine at least twice in every county. The only trouble is the machines don’t read every vote. The counting includes much more than simply reading the dimpled ballots. In our hand recount, we found many, many ballots on which the voter had indicated a preference, but not punched the ballot in the prescribed way. On some ballots, the voter had darkened in the numbers in each race for the candidate he or she wanted. On others, the voter punched out two different numbers, but wrote ‘Mistake’ or something equally as clear, with an arrow pointing to one of the holes. This shows clear intent to cast a vote for one candidate. The tabulating machine records this as an ‘overvote’ because more than one candidate’s number is punched, and the ballot is disqualified in the machine count.” [American Prospect, 12/14/2000]

Entity Tags: County of Palm Beach (Florida), Steven Meyer, Katherine Harris, George W. Bush, Mac Stipanovich, Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: 2000 Elections

Bush supporters in Florida celebrate Katherine Harris’s decision to certify Bush as the winner of the 2000 election.Bush supporters in Florida celebrate Katherine Harris’s decision to certify Bush as the winner of the 2000 election. [Source: Salon]Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), certifies George W. Bush (R-TX) the winner of Florida’s presidential election, though according to a Florida Supreme Court ruling she can choose to accept recount tallies through November 27 (see November 20-21, 2000). She chooses not to do so. Harris says Bush has a 537-vote lead. Her totals are: Bush, 2,912,790; Vice President Al Gore (D-TN), 2,912,253. The totals include none of the recounted ballots from either Palm Beach or Miami-Date Counties, both of which did not complete their recounts by Harris’s deadline (see 9:00 a.m. and after, November 22, 2000 and 2:45 p.m. November 26, 2000). Ongoing legal actions by both parties keep the election in doubt. Regardless, Governor Jeb Bush, George W. Bush’s brother, signs the Certificate of Ascertainment designating 25 Florida electors pledged to George W. Bush and transmits the document to the National Archives as required by Title 3, US Code, Section 6. Three days later, a Florida legislative committee will recommend a special session to name the state’s 25 representatives to the Electoral College, where they will presumably cast their votes for Bush. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] If Bush is indeed the winner of the Florida presidential election, he has enough electoral votes to assume the presidency (see November 9, 2000). The Gore campaign refuses to accept Harris’s certification, and says it will ask Florida courts to order recounts of thousands of disputed votes. Gore’s running mate Joe Lieberman says, “This evening, the secretary of state of Florida has decided to certify what—by any reasonable standard—is an incomplete and inaccurate count of the votes cast in the state of Florida.” The Gore campaign is working out details of what will be a formal “contest” of the results, and will ask a state judge to order court-appointed “special masters” to complete interrupted recounts of about 2,000 uncounted votes in Palm Beach County and 10,700 uncounted votes in Miami-Dade County. They also want an inquiry into the Nassau County returns, where Gore officials believe Bush was wrongly credited with some 51 votes, and are considering challenging the legality of Palm Beach’s controversial “butterfly ballots.” Gore’s chief lawyer David Boies says: “We’re preparing contest papers that will be filed Monday, as early in the day as we can get them done. Until these votes are counted, this election cannot be over.” Republicans intend to use Harris’s ruling to publicly pressure Gore into conceding the election, pressure the Gore campaign says it is prepared to combat. Miami-Dade County, expected to yield enough votes in a recount to swing the election in favor of Gore, called off its recount under pressure from Republican protesters and due to time constraints (see 9:00 a.m. and after, November 22, 2000). [Salon, 11/25/2000; Guardian, 11/27/2000; Guardian, 11/28/2000] Investigative reporter Robert Parry will later write that Harris deliberately allowed Nassau County to throw out its recounted figures that gave Gore the 51 votes. [Consortium News, 8/5/2002] A brief furor ensues when some media outlets mistakenly report that 500 absentee ballots “not previously counted” were discovered in Broward County. The story is not true. [Salon, 11/25/2000] According to state law, it is only now that Gore can ask for a statewide recount. [Vanity Fair, 10/2004] Former President Jimmy Carter tells a reporter: “More than two weeks will remain before Florida’s 25 electors will have to be named, and then two more months before a new president will be sworn into office. We must not sacrifice speed for accuracy in deciding who has been chosen by the voters to take that oath.” [Salon, 11/25/2000]

Entity Tags: Al Gore presidential campaign 2000, Florida Supreme Court, Albert Arnold (“Al”) Gore, Jr., County of Miami-Dade (Florida), County of Broward (Florida), George W. Bush, County of Palm Beach (Florida), Katherine Harris, Robert Parry, James Earl “Jimmy” Carter, Jr., George W. Bush presidential campaign 2000, Joseph Lieberman, John Ellis (“Jeb”) Bush

Timeline Tags: 2000 Elections

After Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), certifies George W. Bush (R-TX) the winner of Florida’s presidential election (see 7:30 p.m. November 26, 2000), the Bush campaign continues publicly—“ostentatiously,” to quote one London newspaper—preparing for Bush to transition into the White House, naming possible cabinet members and requesting that the General Services Administration (GSA) fund a transition office for Bush to prepare to ascend to the presidency. Andrew Card, a former General Motors executive whom Bush has said will be his chief of staff, says of Bush, “He’s getting ready to be a great president.” Bush’s chief of staff in Texas, Clay Johnson, heads the transition team and Ari Fleischer serves as press secretary. Senate Majority Leader Trent Lott (R-MS) has told Senate committee chairpersons to convene their members on January 4, 2001 to begin confirmation hearings on Bush cabinet nominees. The GSA, however, has not gone along with the push. GSA officials say that the 80,000 square feet of Washington office space will stay locked until either Bush or Democrat Al Gore is certified as president. Instead, says Bush’s running mate Dick Cheney, the campaign will set up transition offices funded by private contributions. “We feel it is our obligation to the American people to honor their votes by moving forward and assembling the administration they’ve chosen,” he says. [Guardian, 11/28/2000; Forbes, 2011]

Entity Tags: Katherine Harris, Ari Fleischer, Andrew Card, Clay Johnson, George W. Bush presidential campaign 2000, General Services Administration, Trent Lott, George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: 2000 Elections

Democratic Congressional leaders Senator Tom Daschle (D-SD) and Representative Richard Gephardt (D-MO) hold a televised conference call with Vice President Al Gore and his running mate, Senator Joe Lieberman (D-CT), in a show of support for the Gore campaign efforts to stop Florida from certifying George W. Bush as the winner of the state presidential race (see 7:30 p.m. November 26, 2000). “What we’re talking about involves many thousands of votes that have never been counted at all,” Gore tells Daschle and Gephardt. [Guardian, 11/28/2000; US News and World Report, 12/13/2000]

Entity Tags: George W. Bush, Al Gore presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., Tom Daschle, Joseph Lieberman, Richard Gephardt

Timeline Tags: 2000 Elections

The Gore presidential campaign asks Leon County Circuit Court Judge N. Saunders Sauls to authorize an immediate recount of about 14,000 disputed “undervote” ballots. Instead of ordering an immediate recount, Sauls orders the disputed ballots, sample voting booths, and voting machines from Miami-Dade and Palm Beach counties brought to his courtroom in Tallahassee by Friday, December 1—a total of 1.1 million ballots, posing a tremendous logistical challenge to election boards in the two counties. On November 30, a truck carrying more than 460,000 presidential ballots from Palm Beach County leaves on its way to Tallahassee as ordered by Sauls. On December 1, two more trucks carrying over 654,000 ballots begin the long drive to Tallahassee from Miami. On December 1, the Bush campaign asks Sauls to have another 1.2 million ballots trucked in from Volusia, Broward, and Pinellas Counties; Bush campaign spokesman Scott McClellan says, “We believe there were a number of illegal votes for Gore in those counties.” Sauls does not grant this request. The trial begins on December 2, with Gore’s lawyers arguing, “There is no reason to delay counting ballots even one day.” Bush’s lawyers advance a number of arguments against expediting or even conducting the recounts, including the position that the dispute is not between Bush and Gore, but between two disparate groups of Florida electors. Bush lawyers also say that Gore’s lawyers missed a 10-day deadline to file such challenges; manually recounting only some ballots is illegal; and the recounts the Gore campaign wants are “illegal, inappropriate, and manifestly unfair.” On December 4, Sauls rules against the Gore campaign (see 4:43 p.m. December 4, 2000). [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008; Guardian, 11/30/2008; Guardian, 12/1/2008]

Entity Tags: County of Pinellas (Florida), County of Broward (Florida), Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Leon (Florida), County of Palm Beach (Florida), George W. Bush presidential campaign 2000, N. Saunders Sauls, Scott McClellan, George W. Bush, County of Volusia (Florida), County of Miami-Dade (Florida)

Timeline Tags: 2000 Elections

The clerks for the four liberal justices at the Supreme Court—John Paul Stevens, Stephen Breyer, David Souter, and Ruth Bader Ginsburg—continue their speculation as to whether the Court will actually attempt to decide the presidential election ((see November 20-21, 2000 and November 22-24, 2000), especially in light of Florida’s recent attempt to certify George W. Bush as the winner (see 7:30 p.m. November 26, 2000). At a November 29 dinner attended by clerks from several justices, a clerk for Justice Sandra Day O’Connor tells the group that O’Connor is determined to overturn the Florida Supreme Court’s decision to go ahead with manual recounts of election ballots (see 3:00 p.m., November 16, 2000). One clerk recalls the O’Connor clerk saying, “she thought the Florida court was trying to steal the election and that they had to stop it.” O’Connor has the reputation of deciding an issue on her “gut,” then finding legal justifications for supporting her decision. Unbeknownst to anyone outside the Court, O’Connor has already made up her mind. Gore lawyers in particular will spend endless hours trying to craft arguments to sway her vote, when the actual case will come down to Justice Anthony Kennedy, who originally wanted to accept the case. Many clerks of both liberal and conservative justices have little respect or regard for Kennedy. They consider him, according to a 2004 Vanity Fair article, “pompous and grandiloquent.” They believe he fills his office with elaborate, expensive decorations and trappings, including an elaborate chandelier, to give the idea of his power and importance. “The clerks saw his public persona—the very public way in which he boasted of often agonizing over decisions—as a kind of shtick, a very conspicuous attempt to exude fairness and appear moderate, even when he’d already made up his mind,” according to the Vanity Fair article. Conservative clerks suspect Kennedy of untoward liberal leanings, and have taken steps to ensure that the clerks he receives are ideologically sound. One liberal clerk later explains the conservative justices’ reasoning, saying, “The premise is that he can’t think by himself, and that he can be manipulated by someone in his second year of law school.” By now, Kennedy is surrounded by clerks from the hard-right Federalist Society. “He had four very conservative, Federalist Society white guys, and if you look at the portraits of law clerks on his wall, that’s true nine times out of 10,” another liberal law clerk will recall. “They were by far the least diverse group of clerks.” The conservative and liberal clerks do not socialize with one another as a rule, so it is unusual when, a day after the clerk dinner, Kevin Martin, a clerk for conservative justice Antonin Scalia, visits Stevens’s chambers. Martin went to Columbia Law School with Stevens’s clerk Anne Voigts, and he wants to see if he can explain to her the conservatives’ judicial point of view. However, two other Stevens clerks, Eduardo Penalver and Andrew Siegel, believe Martin is on some sort of reconnaissance mission, attempting to find out what grounds Stevens will cite to argue against overturning the Florida decision. Penalver and Siegel believe Martin is trying to manipulate Voigts, and Martin, after telling them to “F_ck off!” storms out of Stevens’s chambers. Clerks from O’Connor’s staff pay similar visits to other liberal justices, though these conversations do not end so contentiously. [Vanity Fair, 10/2004] O’Connor said to partygoers when the news networks announced the election for Al Gore, “This is terrible” (see After 7:50 p.m. November 7, 2000).

Entity Tags: Eduardo Penalver, Anthony Kennedy, Anne Voigts, Andrew Siegel, Albert Arnold (“Al”) Gore, Jr., David Souter, US Supreme Court, Vanity Fair, Sandra Day O’Connor, George W. Bush, Florida Supreme Court, Federalist Society, Antonin Scalia, Kevin Martin, John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer

Timeline Tags: 2000 Elections, Civil Liberties

Democrats for the presidential campaign of Al Gore file papers in the Florida Supreme Court asking the Court to order an immediate hand recount of some 14,000 disputed “undervote” ballots in two heavily Democratic Florida counties, Miami-Dade and Palm Beach (see November 28 - December 2, 2000). Any delay, the Gore lawyers argue, would make it a “virtual impossibility” to resolve the issue by the December 12 deadline for presidential certification. On December 1, the Court will reject the request. [Supreme Court of Florida, 12/1/2000 pdf file; US News and World Report, 12/13/2000; Leip, 2008]

Entity Tags: County of Miami-Dade (Florida), County of Palm Beach (Florida), Al Gore presidential campaign 2000

Timeline Tags: 2000 Elections

The US Supreme Court hears oral arguments on the Bush presidential campaign’s challenge on constitutional grounds of Florida Supreme Court’s ruling on selective manual recounts (see November 20-21, 2000). The case is Bush v. Palm Beach Canvassing Board. Throngs of protesters surround the Supreme Court building. Inside, the justices’ questions indicate that they are divided on the legality of the Florida high court’s intervention, and some justices seem to think that Florida courts should resolve the issue. Justice Anthony Kennedy says, “We’re looking for a federal issue.” Justice Stephen Breyer asks, “What’s the consequence of our going one way or the other now in this case?” Observers will later describe Laurence Tribe, an experienced Supreme Court litigator representing the Gore campaign, as listless and flat, while Theodore Olson, arguing the Bush campaign’s case, is “more impressive.” Chief Justice William Rehnquist and Justice Antonin Scalia give the impression that they believe the Florida Supreme Court encroached on the Florida legislature’s bailiwick. Justices Kennedy and Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) express their irritation with the Gore arguments. When the arguments are over, the justices meet in chambers for the usual conference. At one end of the argument is Scalia, who wants to overturn the Florida decision and in essence award George W. Bush the election, and at the other, Justice John Paul Stevens, who wants the Court to stay out of the case altogether. Neither justice can command a majority among the other seven. Rehnquist begins drafting a ruling asking the Florida high court to clarify its ruling, to cite the state constitution in its decision (which the Bush team had argued would have been improper), or under state law (which the Bush team had found arguably permissible). All nine justices eventually sign onto Rehnquist’s opinion. A 2004 Vanity Fair article will observe: “The unanimity was, in fact, a charade; four of the justices had no beef at all with the Florida Supreme Court, while at least four others were determined to overturn it. But this way each side could claim victory: the liberal-to-moderate justices had spared the Court a divisive and embarrassing vote on the merits, one they’d probably have lost anyway. As for the conservatives, by eating up Gore’s clock—Gore’s lawyers had conceded that everything had to be resolved by December 12—they had all but killed his chances to prevail, and without looking needlessly partisan in the process. With the chastened Florida court unlikely to intervene again, the election could now stagger to a close, with the Court’s reputation intact, and with Bush all but certain to win.” On December 4, in a setback for the Gore campaign, the Court unanimously sets aside the Florida Supreme Court ruling and remands for clarification the Florida Supreme Court’s decision. [Supreme Court of the United States, 12/4/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Vanity Fair, 10/2004; Leip, 2008]

Entity Tags: George W. Bush, Antonin Scalia, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, Florida Supreme Court, William Rehnquist, Sandra Day O’Connor, US Supreme Court, County of Palm Beach (Florida), Laurence Tribe, John Paul Stevens, Theodore (“Ted”) Olson, George W. Bush presidential campaign 2000, Vanity Fair, Stephen Breyer

Timeline Tags: 2000 Elections

Leon County, Florida, Judge N. Saunders Sauls rules against the Gore campaign in the recount issue (see November 28 - December 2, 2000), saying that manual recounts in Miami-Dade and Palm Beach Counties are not warranted, and the Nassau County vote totals should stand. Sauls also refuses to block Florida’s certification of George W. Bush as the Florida presidential winner (see 7:30 p.m. November 26, 2000). The London Guardian calls the ruling a “crushing blow” to Al Gore’s chances of winning the disputed election. Sauls rules that there is “no credible statistical evidence and no other competent substantial evidence” to establish a reasonable probability that Gore might win if granted a hand recount of the undervotes. “This court… concludes the evidence does not establish any illegality, dishonesty, improper influence, coercion, or fraud in the balloting and counting processes,” Sauls rules. The ruling also restores Bush’s 930-vote lead that existed before recount numbers were taken into account (see November 18, 2000). After Saul’s ruling, Gore’s lead attorney David Boies says the campaign will appeal the ruling to the Florida Supreme Court, and that the campaign had always assumed the case would end up in that court. “What has happened today is that we have moved one step closer to having this finally resolved,” he tells reporters, but admits that in this instance, “They won, we lost.” Boies notes that after the incredible effort expended to bring over a million ballots to Sauls’s courtroom, the judge never looked at them. “The ballots were the best evidence of the intents of the voters,” Boies says. “This was the first court in an election contest where the court has refused to look at the ballots.” The Florida high court will hear the appeal on December 7. [Circuit Court of the Second Judicial Circuit, In and For Leon County, Florida, 12/4/2000 pdf file; Guardian, 12/5/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: Florida Supreme Court, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Leon (Florida), County of Palm Beach (Florida), George W. Bush presidential campaign 2000, N. Saunders Sauls, George W. Bush, County of Miami-Dade (Florida)

Timeline Tags: 2000 Elections

Florida Senate President John McKay and House Speaker Tom Feeney, both Republicans, announce a special session of the Florida Legislature that will convene on December 8 to consider designating its own slate of electors should the results of the Florida vote remain tied up in the courts (see 11:45 a.m. November 30, 2000). The last time a legislature chose electors was 1876. House Democratic Minority Leader Lois Frankel says that “it is just plain wrong for the Florida Legislature to elect the next president of the United States.” [US News and World Report, 12/13/2000]

Entity Tags: Florida State Legislature, Lois Frankel, Tom Feeney, John McKay

Timeline Tags: 2000 Elections

David Boies.David Boies. [Source: BBC]The Florida Supreme Court hears arguments from both the Gore and Bush presidential campaigns in Al Gore’s appeal of a ruling that rejected his campaign’s request to mandate recounts in three Florida counties (see 9:00 a.m. November 30, 2000 and After). Bush campaign lawyer Barry Richard argues that there is no “evidence to show that any voter was denied the right to vote” and calls the Gore campaign’s contest “a garden-variety appeal.” Gore lawyer David Boies contends that while time is running out, “the ballots can be counted” before the December 12 deadline for naming electors. In a 4-3 decision, the Court reverses the decisions of Judge N. Saunders Sauls (see 4:43 p.m. December 4, 2000), ordering recounts of “undervotes” in Miami-Dade and Palm Beach counties as well as all other Florida counties that have not yet manually recounted undervotes. “Undervotes” are noted on ballots that were not recorded by voting machines as making a choice for president. The Court also directs the lower court to add 168 votes from Miami-Dade and 215 votes from Palm Beach to Gore’s state totals, narrowing the George W. Bush lead to a mere 154 votes. London’s Guardian observes, “That margin could easily be overturned with a recount of the disputed ballots which mainly came from Democratic precincts in Miami-Dade.” Perhaps 45,000 undervotes statewide remain to be counted. Bush campaign attorney James Baker says the Court’s ruling may “disenfranchise Florida’s votes in the Electoral College.” Congressional Democrats Richard Gephardt (D-MO) and Tom Daschle (D-SD) release a joint statement calling for a “full, fair, and accurate vote count,” and saying there is “more than enough time to count ballots cast but never counted.” Within hours, Bush lawyers ask the US Supreme Court for an emergency stay of the decision, which will be granted (see December 8-9, 2000). [Supreme Court of Florida, 12/8/2000 pdf file; Guardian, 12/9/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Court decision is also seen as something of a repudiation of the Supreme Court’s earlier decision for clarification (see 10:00 a.m. December 1 - 4, 2000). Clerks for the Supreme Court justices are now certain that their Court will decide the presidential election. Justice Antonin Scalia, the most implacable of the conservative justices determined to overturn the Florida high court and give the election to Bush, wants to grant the Bush request for a stay even before receiving the Gore lawyers’ response, a highly unusual request that is not granted. He argues that the manual recounts are in and of themselves illegitimate, and says the recounts will cast “a needless and unjustified cloud” over Bush’s legitimacy. It is essential, he says, to shut down the process immediately. Clerks for both the liberal and conservative justices are amazed, and some appalled, at how bluntly Scalia is pushing what appears to be a partisan agenda. [Vanity Fair, 10/2004]

Entity Tags: David Boies, Barry Richard, Antonin Scalia, Al Gore presidential campaign 2000, County of Palm Beach (Florida), US Supreme Court, Richard Gephardt, The Guardian, N. Saunders Sauls, Tom Daschle, James A. Baker, George W. Bush presidential campaign 2000, Florida Supreme Court, County of Miami-Dade (Florida)

Timeline Tags: 2000 Elections

The Bush campaign seeks stays in the Florida Supreme Court, the Eleventh Circuit Court of Appeals, and the US Supreme Court regarding the acceptance of 43,852 “undervote” recounts in Florida counties. Most importantly, the Bush campaign also asks the US Supreme Court for a writ of certiorari, which would declare its candidate the winner of the Florida presidential election. Both the Florida Supreme Court and Eleventh Appeals Court refuse to issue the stay. Most observers believe that if the recounts are completed and their vote totals tabulated, Democrat Al Gore will win enough votes to win Florida, and thusly become president. Currently Republican George W. Bush has a mere 193-vote lead (see December 7-8, 2000), and recount totals from Miami-Dade County alone are expected to give Gore more than this amount. One example of the problematic situation in Florida is with Duval County, which includes the city of Jacksonville, where claims of massive African-American disenfranchsement and discrimination (see November 7, 2000) have already tainted the balloting. Duval has 4,967 undervotes, but they are mixed in with 291,000 others, all stored in boxes in a vault. The all-Republican electoral board, as seen on national television, has begun examining ballots, but as The Guardian observes, “with such painstaking reluctance to proceed, it amounted to an effective filibuster.” Democratic spokeswoman Jenny Backus tells reporters, “What we’ve heard is that they’re going to try to slow this down by every means they can.” However, the US Supreme Court issues the requested stay and the undervote tabulation stops. The Court does not issue the requested writ of certiorari. [Supreme Court of the United States, 12/8/2000 pdf file; Supreme Court of the United States, 12/9/2000 pdf file; Guardian, 12/10/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The divide among the nine US Supreme Court justices is plain. The five conservative justices, led by Antonin Scalia, have since December 4 been circulating memos among themselves and their clerks, bouncing various arguments off one another in what the liberal justices’ clerks feel is an attempt to audition and solidify their arguments in favor of overturning the Florida high court’s decision and giving the presidency to Bush. The four liberal justices, led by John Paul Stevens, have long felt that the Court had no business being involved in the issue, that it was instead up to the Florida judiciary and legislature to settle the matter. Stevens, writing the anticipated dissent for the minority, has to ask the majority for more time to complete his dissent, so eager are they to issue their ruling. When Scalia sees in Stevens’s dissent the line that says, “counting every legally cast vote cannot constitute irreparable harm”—a direct rebuke to Scalia’s earlier argument that the Florida recounts would do “irreparable harm” to a Bush presidency—Scalia inadvertently delays the proceedings to write his own angry rejoinder, which reads in part, “Count first, and rule upon legality afterwards, is not a recipe for producing election results that have the public acceptance democratic stability requires.” Scalia’s nakedly partisan stance discomfits even some of the other conservative justices’ clerks and angers the liberal clerks. “The Court had worked hard to claim a moral high ground, but at that moment he pissed it away,” one later recalls. “And there was a certain amount of glee. He’d made our case for us to the public about how crassly partisan the whole thing was.” After Scalia finishes his rejoinder, the Court issues its stay, stopping all further recounts. Gore himself, unaware of the arguments and partisanship dividing the Court, still holds out hope that one of the conservatives—O’Connor or Anthony Kennedy, perhaps (see After 7:50 p.m. November 7, 2000 and (November 29, 2000))—can be reached. “Please be sure that no one trashes the Court,” he admonishes his staffers. Gore decides to have campaign lawyer David Boies instead of Laurence Tribe argue the campaign’s case in the upcoming arguments, perhaps hoping that Boies, more moderate than the outspokenly liberal Tribe, might win some support from either Kennedy or O’Connor. Boies has also been representing Gore in Florida, and can presumably reassure the justices of the fundamental fairness of what is happening there. The liberal clerks have no such illusions. What hopes they have now are pinned on the press. One has heard a rumor that the Wall Street Journal is preparing to publish a story reporting that O’Connor had been overheard at a dinner party expressing her opposition to a Gore presidency; that report, the clerks hope, might force O’Connor to recuse herself from the decision and tie the court at 4-4. However, O’Connor has no such intention. Gore’s lawyers, aware of O’Connor’s statements, consider asking her to recuse herself, but decide instead to restrain themselves in hopes that she will, according to a 2004 Vanity Fair article, “now lean toward them to prove her fairness.” [Vanity Fair, 10/2004]

Entity Tags: County of Miami-Dade (Florida), Wall Street Journal, County of Duval (Florida), Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, US Supreme Court, The Guardian, John Paul Stevens, Laurence Tribe, George W. Bush presidential campaign 2000, George W. Bush, Sandra Day O’Connor, Florida Supreme Court, Jenny Backus, Antonin Scalia, David Boies

Timeline Tags: 2000 Elections

The Florida Legislature convenes a special session to debate Republicans’ plan to independently name a slate of electors to vote for George W. Bush as president in the US Electoral College (see 5:16 p.m. December 6, 2000). [US News and World Report, 12/13/2000]

Entity Tags: George W. Bush, Florida State Legislature

Timeline Tags: 2000 Elections

Florida Judge Terry Lewis orders that Florida counties complete their manual recounts by 2:00 p.m. December 10. Lewis’s ruling comes in the wake of the Florida Supreme Court ordering immediate “undervote” recounts (see December 7-8, 2000). Before Lewis’s deadline can be reached, the US Supreme Court will issue a stay of the Florida high court’s ruling (see December 8-9, 2000), rendering Lewis’s deadline moot. [US News and World Report, 12/13/2000]

Entity Tags: Florida Supreme Court, Terry Lewis, US Supreme Court

Timeline Tags: 2000 Elections

As per a Florida Supreme Court ruling (see December 7-8, 2000), Florida counties begin a statewide manual recount of “undervote” ballots before the US Supreme Court issues a stay halting the recounts (see December 8-9, 2000). [Leip, 2008]

Entity Tags: US Supreme Court, Florida Supreme Court

Timeline Tags: 2000 Elections

An artist’s rendition of the nine Court justices hearing oral arguments in the ‘Bush v. Gore’ case.An artist’s rendition of the nine Court justices hearing oral arguments in the ‘Bush v. Gore’ case. [Source: Authentic History]The US Supreme Court begins hearing oral arguments in the lawsuit Bush v. Gore on the Florida recounts and election results. The Bush campaign has challenged the legality of a Florida Supreme Court ruling mandating the recounting of “undervote” ballots (see December 7-8, 2000). Bush lawyers argue that manual recounts violate the Constitution’s mandate of equal protection. Gore lawyers argue that the overriding issue is the importance of counting each vote cast. By the afternoon, the public is hearing the arguments via audiotapes. Justice Antonin Scalia, one of the Court’s most hardline conservatives, drew criticism when he said in an earlier opinion that the majority of the Court believed that George W. Bush had “a substantial probability of success,” a conclusion disputed by other justices such as John Paul Stevens. Scalia now says that he is inclined to vote in favor of Bush because, he says, “the counting of votes that are of questionable legality does in my view threaten irreparable harm [to Bush]” (see December 8-9, 2000). [Guardian, 12/11/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Kennedy Determines that 'Equal Protection' Is Key to Reversing Florida Decision - Al Gore’s lawyers, led by David Boies, believe that one of the Bush team’s arguments is flawed: the idea that the Florida Supreme Court exceeded its bounds restricts one appellate court far more than another appellate court is willing to condone. Unbeknownst to the Gore lawyers, Justice Anthony Kennedy agrees with the Gore team on this issue. Kennedy has no intention of finding in favor of the Gore position, but he does want the other four conservatives on the bench to come together behind the Bush argument that using different standards for ballot evaluation in different counties violates the equal-protection clause of the Constitution, an argument that most of the justices, litigants, and clerks have not considered up until now. As a practical matter, enforcing a single standard of ballot evaluation among the disparate Florida counties would be virtually impossible. And the Court under the leadership of Chief Justice William Rehnquist has, until now, been reluctant to interpret the equal-protection clause except in the narrowest of circumstances. Neither the Bush nor the Gore lawyers had given that argument a lot of attention, but it will prove the linchpin of the Court’s majority decision. As oral arguments proceed, and Kennedy pretends to not understand why this is a federal argument, clerks for the liberal justices find themselves sourly amused at Kennedy’s pretense. “What a joke,” one says to another. When Kennedy cues Bush lawyer Theodore Olson that he is interested in the equal protection clause as an argument—“I thought your point was that the process is being conducted in violation of the equal-protection clause, and it is standardless”—Olson quickly pivots and begins building his case under that rubric. Liberal justices Stephen Breyer and David Souter use the equal-protection argument to suggest that the best and simplest solution is simply to remand the case back to the Florida Supreme Court and ask it to set a uniform standard. Breyer has been working for days to convince Kennedy to join the four liberals in sending the case back to Florida, and for a time during the oral arguments, believes he may have succeeded. The liberal clerks have no such hopes; they believe, correctly, that Kennedy is merely pretending to consider the option. “He probably wanted to think of himself as having wavered,” one clerk later says. A brief private chat with Scalia and his clerks during oral arguments may have swayed Kennedy back into the fold, assuming he is wavering at all.
Demands for Identical Standards among All Florida Counties - Justice Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) rails at Boies over the idea that the 67 counties cannot all have the same standards of ballot evaluation, and shows impatience with Boies’s explanation that for over 80 years, the Florida courts have put the idea of “voter intent” over identical ballot identification standards. [Vanity Fair, 10/2004]

Entity Tags: David Souter, David Boies, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, William Rehnquist, US Supreme Court, Sandra Day O’Connor, Stephen Breyer, Theodore (“Ted”) Olson, George W. Bush, George W. Bush presidential campaign 2000, John Paul Stevens, Florida Supreme Court, Antonin Scalia

Timeline Tags: 2000 Elections

In a 79-41 vote, the Florida House of Representatives, under Republican leadership, votes to approve 25 electors to the Electoral College (see 12:00 p.m. December 8, 2000) to cast Florida’s votes for George W. Bush (R-TX). Two of the 79 votes cast for the elector naming are Democratic. [US News and World Report, 12/13/2000; Leip, 2008] After the US Supreme Court rules against the recounts and gives the election to Bush, the Legislature abandons the idea of naming an independent slate of electors (see 9:54 p.m. December 12, 2000). [US News and World Report, 12/13/2000]

Entity Tags: George W. Bush, Florida State Legislature, US Supreme Court

Timeline Tags: 2000 Elections

The US Supreme Court issues a ruling in Bush v. Gore (see December 11, 2000) that essentially declares George W. Bush (R-TX) the winner of the Florida presidential election, and thusly the winner of the US presidential election (see Mid-to-Late November 2000). The decision in Bush v. Gore is so complex that the Court orders that it not be used as precedent in future decisions. The 5-4 decision is split along ideological lines, with Justices Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) and Anthony Kennedy, two “moderate conservatives,” casting the deciding votes. In the per curium opinion, the Court finds: “Because it is evident that any recount seeking to meet the Dec. 12 date will be unconstitutional… we reverse the judgment of the Supreme Court of Florida ordering the recount to proceed.… It is obvious that the recount cannot be conducted in compliance with the requirements of equal protection and due process without substantial additional work.” The decision says that the recounts as ordered by the Florida Supreme Court suffer from constitutional problems (see December 7-8, 2000). The opinion states that differing vote-counting standards from county to county and the lack of a single judicial officer to oversee the recount violate the equal-protection clause of the Constitution. The majority opinion effectively precludes Vice President Al Gore from attempting to seek any other recounts on the grounds that a recount could not be completed by December 12, in time to certify a conclusive slate of electors. The Court sends the case back to the Florida Supreme Court “for further proceedings not inconsistent with this opinion.” Four justices issue stinging dissents. Justice John Paul Stevens writes: “One thing… is certain. Although we may never know with complete certainty the identity of the winner of this year’s presidential election, the identity of the loser is perfectly clear. It is the nation’s confidence in the judge as an impartial guardian of the rule of law.” Justice Stephen G. Breyer adds that “in this highly politicized matter, the appearance of a split decision runs the risk of undermining the public’s confidence in the court itself.” [Per Curiam (Bush et al v. Gore et al), 12/12/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Drafting Opinions - After oral arguments concluded the day before, Chief Justice William Rehnquist said that if they were to remand the case back to Florida, that order must go out immediately in light of the approaching deadline for certification of results; Stevens quickly wrote a one-paragraph opinion remanding the case back to Florida and circulated it, though with no real hope that it would be adopted. The five conservative justices are determined to reverse the Florida decision. For the rest of the evening and well into the next day, December 12, the justices work on their opinions. Stevens prepares the main dissent, with the other three liberal justices preparing their own concurrences. Stevens and Justice Ruth Bader Ginsburg find no support whatsoever for the equal-protection argument, and say so in their writings. Justices Breyer and David Souter give the idea some weight; Souter says that the idea of uniform standards is a good one, but these standards should be created and imposed by the Florida judiciary or legislature. Stopping the recounts solves nothing, he writes. It soon becomes apparent that neither Kennedy nor O’Connor share Rehnquist’s ideas on the jurisdiction of the Florida court, and will not join him in that argument. Kennedy writes the bulk of the majority opinion; as predicted, his opinion focuses primarily on the equal-protection clause of the Constitution. The liberal justices and clerks find Kennedy’s reasoning that stopping the recounts is the only way to ensure equal protection entirely unconvincing. Anthony Scalia circulates a sealed memo complaining about the tone of some of the dissents, asking that the dissenters not call into question the Court’s credibility. (His memo prompts Ginsburg to remove a footnote from her dissent commenting on Florida’s disenfranchised African-American voters; some of the liberal clerks see the incident as Ginsburg being bullied into compliance by Scalia. Subsequent investigations show that thousands of legitimate African-Americans were indeed disenfranchised—see November 7, 2000.) Kennedy sends a memo accusing the dissenters of “trashing the Court,” and says that the dissenters actually agree with his equal-protection argument far more than they want to admit. When he has a line inserted into his opinion reading, “Eight Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy,” some of Stevens’s clerks angrily telephone Kennedy’s clerks and accuse them of misrepresenting Stevens’s position. They demand that the line be removed. Kennedy refuses, and Stevens rewrites his opinion so that he is no longer associated with the position. Kennedy is forced to rewrite the statement to say that “seven,” not “eight” justices agree with his position. One of Stevens’s clerks, Eduardo Penalver, tells Kennedy clerk Grant Dixton that what Kennedy had done was disgusting and unprofessional. Breyer and his clerks are also unhappy about Kennedy’s assertion, but take no action. The line prompts many in the media to claim, falsely, that the decision is a 7-2 split and not a 5-4. The main document, a short unsigned opinion halting the recounts, is written by Kennedy. Two portions are particularly notable: Kennedy’s assertion that the ruling applies only to Bush, and not to future decisions; and that the Court had only reluctantly accepted the case. “That infuriated us,” one liberal clerk later recalls. “It was typical Kennedy bullsh_t, aggrandizing the power of the Court while ostensibly wringing his hands about it.” Rehnquist, Scalia, and Justice Clarence Thomas join the decision, though Scalia is unimpressed with Kennedy’s writing and reasoning. Reportedly, he later calls it a “piece of sh_t,” though he will deny making the characterization.
Lack of Consensus - The lack of consensus between the conservative justices is relatively minor. Among the four liberal justices, though, it is quite pronounced—though all four wish not to end the recounts, only Stevens has a strong position and has stayed with it throughout the process. Souter, Ginsburg, and Breyer were far less certain of their opposition, and resultingly, their dissents, unlike the impassioned Stevens dissent, are relatively pallid. Some of the liberal clerks say that the four’s lack of consensus helped the solid conservative majority stay solid: “They gave just enough cover to the five justices and their defenders in the press and academia so that it was impossible to rile up the American people about these five conservative ideologues stealing the election.”
Final Loss - Gore, reading the opinion, finally realizes that he and his campaign never had a chance with the five conservative justices, though they had hoped that either O’Connor or Kennedy would join the four liberals (see (November 29, 2000)). He congratulates his legal team, led by David Boies, and commends it for making it so difficult for the Court to justify its decision. Some reports will circulate that Souter is depressed over the decision, with Newsweek reporting that he later tells a group of Russian judges that the decision was “the most outrageous, indefensible thing” the Court had ever done. He also reportedly says that had he had “one more day,” he could have convinced Kennedy to turn. However, Souter will deny the reports, and those who know him will say that such comments would be out of character for him. For her part, O’Connor will express surprise that anyone could be angry over the decision. As for Scalia, some Court observers believe that his open partisanship during the process will cost him any chance he may have had to be named chief justice. [Vanity Fair, 10/2004]

Entity Tags: David Souter, William Rehnquist, David Boies, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, US Supreme Court, Stephen Breyer, Ruth Bader Ginsburg, Clarence Thomas, George W. Bush presidential campaign 2000, George W. Bush, Florida Supreme Court, John Paul Stevens, Grant Dixton, Sandra Day O’Connor, Eduardo Penalver

Timeline Tags: 2000 Elections, Civil Liberties

Al Gore giving his concession speech. His running mate, Joe Lieberman, and Gore and Lieberman family members look on.Al Gore giving his concession speech. His running mate, Joe Lieberman, and Gore and Lieberman family members look on. [Source: Authentic History]Vice President Al Gore is out of options after the US Supreme Court halted all Florida recounts (see 9:54 p.m. December 12, 2000). He orders his Florida recount committee to suspend its activities. At 9:00 p.m., Gore, accompanied by his wife Tipper, his vice-presidential running mate Joe Lieberman, and Lieberman’s wife Hadassah, gives a nationally broadcast speech. He tells the nation he accepts George W. Bush as the legitimate 43rd president of the United States. “This is America, and we put country before party,” he tells viewers. For his part, Bush pledges to deliver reconciliation and unity to a divided nation in his acceptance speech, saying “our nation must rise above a house divided.” However, Bush immediately indicates that he will seek to reform Social Security and Medicare, two issues guaranteed to cause division among Americans. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: Hadassah Lieberman, Al Gore presidential campaign 2000, George W. Bush, Joseph Lieberman, US Supreme Court, Albert Arnold (“Al”) Gore, Jr., Mary Elizabeth (“Tipper”) Gore

Timeline Tags: 2000 Elections

George W. Bush taking the oath of office.George W. Bush taking the oath of office. [Source: White House/ Wally McNamara]George W. Bush is inaugurated as president, replacing President Bill Clinton. Bush is sworn in after a tumultuous, sharply disputed election that ended with a US Supreme Court decision in his favor (see 9:54 p.m. December 12, 2000). He takes the oath of office on the same Bible his father, George H.W. Bush, used in his own 1989 inauguration; the oath is administered by Chief Justice William Rehnquist. In his brief inaugural address, delivered outside the US Capitol, Bush asks Americans to “a commitment to principle with a concern for civility.… Civility is not a tactic or a sentiment. It is the determined choice of trust over cynicism, of community over chaos.” In words apparently chosen to reflect on the criticisms surrounding former President Clinton and his notorious affair with White House intern Monica Lewinsky, Bush says, “I will live and lead by these principles—to advance my convictions with civility, to pursue the public interest with courage, to speak for greater justice and compassion, to call for responsibility, and try to live it as well.” He continues addressing the American people, saying: “I ask you to be citizens. Citizens, not spectators. Citizens, not subjects. Responsible citizens, building communities of service and a nation of character.” At a post-ceremonial luncheon, Bush issues a series of executive orders, some designed to block or roll back several Clinton-era regulations. He also acknowledges that because of the election turmoil, many Americans believe “we can’t get anything done… nothing will happen, except for finger-pointing and name-calling and bitterness.” He then says: “I’m here to tell the country that things will get done. Republicans and Democrats will come together to do what’s right for America.” [New York Times, 1/21/2001]
Thousands of Protesters - Thousands of protesters line the streets during Bush’s ceremonial drive to the Capitol, a fact not heavily reported by many press outlets. Salon reports, “Not since Richard Nixon paraded down Pennsylvania Avenue in 1973 has a presidential inauguration drawn so many protesters—and last time, people were out to protest the Vietnam War.” Though Capitol Police refuse to estimate the size of the crowd lining the street, Salon reports that “many thousands of protesters were in evidence.” Liz Butler of the Justice Action Movement, the umbrella organization that helped coordinate the protests, says: “The level of people on the streets shows that people are really upset about lack of democratic process. They took it to the streets. We saw tens of thousands. We saw far more protesting Bush than supporting him.” Some of the people on the streets are Bush supporters, but many more are not, and carry signs such as “Bush Cheated,” “Hail to the Thief,” “Bush—Racism,” “Bushwhacked by the Supremes,” and others. The crowd, though outspoken in its protests and unrestrained in its heckling of Bush and Vice President Dick Cheney, is generally peaceful, and no serious violence is reported, though a few minor altercations do take place, and large contingents of police in riot gear—including personnel from every police department in the District of Columbia as well as the Bureau of Alcohol, Tobacco and Firearms and from departments in Maryland and Virginia—are on hand. At least one protester throws an egg at the limousine transporting Bush, Cheney, and their families to the inaugural ceremonies; perhaps in response to the protests, Bush breaks with tradition laid down by earlier presidents and does not walk any large portion of the parade route. Nine people are arrested for disorderly conduct, most for allegedly throwing bottles and other debris. Bulter says: “Of course, we’re ashamed that Bush has decided to be a ‘uniter’ by uniting people against him. They all chose to come out in the freezing rain—even the weather couldn’t stop these people.” Protester Mary Anne Cummings tells a reporter: “I think it’s important to remind the incoming administration the country does not want a right-wing mandate. They did not vote for a right-wing mandate.” [Salon, 1/20/2001; CNN, 1/20/2001; New York Times, 1/21/2001] Thousands of protesters march in San Francisco, Los Angeles, and other cities as well. [CNN, 1/20/2001]

President George W. Bush, discussing his unwillingness to revoke Bill Clinton’s pardon of financier Marc Rich, says, “I am mindful not only of preserving executive powers for myself, but my predecessors as well.” [Chicago Sun-Times, 1/29/2001]

Entity Tags: George W. Bush, William Jefferson (“Bill”) Clinton, Marc Rich

Timeline Tags: Civil Liberties

The BlackBerry 850.The BlackBerry 850. [Source: Research In Motion]White House staffers are prohibited from using BlackBerry e-mail pagers, but this rule will hinder them on September 11, when phone systems suffer serious problems but BlackBerrys work normally. At some point after George W. Bush takes over as president (see January 20, 2001) but before September 11, the new administration makes “a judgment call… that people in the White House could not use a BlackBerry,” according to Joseph Hagin, the White House deputy chief of staff for operations. The BlackBerry is a handheld device used mainly for sending and receiving short e-mail messages. [New York Times, 9/20/2001; PC World, 12/9/2008] The decision against using BlackBerrys is reportedly made for security reasons. “The security agencies had decided they were too vulnerable,” Hagin will later say. [IT Business Edge, 2/12/2009]
White House Staffers Have Trouble Communicating on 9/11 - However, on September 11, while BlackBerrys continue to work normally, many people will have difficulty making phone calls. [New York Times, 9/20/2001] White House staffers will be badly affected by the communication problems. Hagin will describe: “On September 11, 2001, when we had so much trouble in the executive branch communicating during the emergency, when commercial phones and cell phones went down to a large extent because the system overloaded, there was a lot of difficulty at the White House because the president was in Florida, I was in New York City, and everyone else was in Washington. With everyone spread so thinly, we had trouble figuring out who was okay, the status of things, and so on.” [Computerworld, 2/3/2009]
Rove Is the Only White House Staff Member with a BlackBerry - Karl Rove, the president’s senior adviser, will be the only member of the White House staff with a BlackBerry on September 11. Rove will write that, while he is traveling with the president on Air Force One that day, because all the phones are tied up, several other White House staff members “took turns using my BlackBerry to queue up e-mails to their families that would be sent when we passed over a cell network.” [Rove, 2010, pp. 257-258; Hill, 3/17/2010]
BlackBerrys Permitted after 9/11 - The White House will reverse its decision to prohibit BlackBerrys after September 11. According to Hagin, “In the weeks that followed [9/11], when talking to some of our friends on [Capitol Hill], we found that they had stayed in pretty good touch through BlackBerry technology.” Therefore, Hagin will say: “I made the decision that we couldn’t operate without [BlackBerrys]. We bought 200, then 400, and finally about 600.” [PC World, 12/9/2008; Computerworld, 2/3/2009]
BlackBerry Works Well on 9/11 due to Simplicity of Its Network - The reason why, unlike phones, BlackBerrys work as usual on September 11, according to the New York Times, is that instead of relying on “cellular telephone systems or the local telephone network, which were damaged and inundated with traffic, the BlackBerry functions on a data system that held up remarkably well. The network not only escaped damage but also avoided bottlenecks because of its relative simplicity.” The BlackBerry network “in a way resembles the on-ramp of a freeway. It transmits data in small packets of information that can simply wait for a small amount of space on the system to be freed up to be sent or received.” [New York Times, 9/20/2001]

Entity Tags: White House, Karl C. Rove, Joseph W. Hagin

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The cover of Jake Tapper’s book ‘Down and Dirty.’The cover of Jake Tapper’s book ‘Down and Dirty.’ [Source: OpenLibrary (.org)]Salon reporter Jake Tapper publishes his book on the 2000 presidential elections, titled Down and Dirty: The Plot to Steal the Presidency. In it, Tapper observes that the proof of the resiliency of American democracy comes in the fact that George W. Bush ascended to the presidency in a peaceful manner. The events in Florida that determined the Bush “victory,” from the initial dispute over who won the popular vote (see Early Morning, November 8, 2000 and Mid-Morning, November 8, 2000) to the Supreme Court’s decision to award the presidency to Bush (see 9:54 p.m. December 12, 2000), “brought out the ugliest side of every party in American politics,” Tapper writes. “Democrats were capricious, whiny, wimpy, and astoundingly incompetent. Republicans were cruel, presumptuous, indifferent, and disingenuous. Both were hypocritical—appallingly so at times. Both sides lied. Over and over and over. Far too many members of the media were sloppy, lazy, and out of touch. Hired-gun lawyers pursued their task of victory, not justice. The American electoral system was proven to be full of giant holes.” Democratic candidate Al Gore, Tapper writes, came across as “cold,” “ruthless,” duplicitous, and astonishingly out of touch with the electorate. Republican candidate Bush “was a brilliant schmoozer and deft liar” with the “intellectual inquisitiveness of your average fern,” betraying his fundamental ignorance about American government again and again during the campaign. “Both candidates were wanting,” Tapper writes. Of the actual results, Tapper observes: “We will never know who would have won Florida had all the ballots been hand-counted by their respective canvassing boards. Adding to the confusion were thousands of trashed or miscast ballots—including Palm Beach County’s infamous “butterfly ballot” (see November 9, 2000). We will never know who, therefore, truly was the choice of the most Floridians and who, therefore, really earned the state’s critical electoral votes and therefore the presidency.” [Tapper, 3/2001]

Entity Tags: County of Palm Beach (Florida), Albert Arnold (“Al”) Gore, Jr., Jake Tapper, US Supreme Court, George W. Bush

Timeline Tags: 2000 Elections

Dan Burton.Dan Burton. [Source: US House of Representatives]Dan Burton (R-IN), the chairman of the House Government Reform Committee, releases edited transcripts of taped White House conversations between then-President Bill Clinton and Israel’s then-prime minister, Ehud Barak (see Late August, 2001). President Bush’s counsel Alberto Gonzales decided to break with decades of tradition in releasing private conversations between a former president and a head of state, and gave Burton the tapes as part of Burton’s investigation into Clinton’s last-minute pardon of Marc Rich, a commodities trader who had fled the US ahead of tax evasion and fraud charges. Burton and other conservatives have charged that Clinton pardoned Rich at the behest of Rich’s wife Denise, a Clinton presidential library contributor, possibly in return for the contributions, or even sexual favors. However, the tapes indicate that one reason Clinton pardoned Rich was a request made by Barak. On December 11, 2000, Barak said to Clinton, “One last remark. There is an American Jewish businessman living in Switzerland and makes a lot of philanthropic contributions to Israeli institutions and activities and education.” Rich had “violated certain rules of the game in the United States,” Barak said, and wanted Clinton to consider pardoning him. Clinton replied, “I know about that case because I know his ex-wife. If your ex-wife wants to help you, that’s good.” Barak asked Clinton again on January 8, 2001, when Clinton called Rich’s case “bizarre” and said, “It’s best that we not say much about that.” In a third conversation, which took place just days before Clinton left office, Clinton said that such a pardon has “almost no precedent in American history,” and told Barak that he was pondering whether or not to allow Rich to return to the US if pardoned. [New York Times, 8/21/2001; Salon, 2/7/2002; Dean, 2004, pp. 85-86] Clinton, angered by the selective editing of the transcripts in an apparent effort to mischaracterize the Rich pardon, will request that all of the relevant portions of the transcripts be released; the White House will refuse and classify the rest of the transcripts (see Late August, 2001).

Entity Tags: House Committee on Government Reform, Bush administration (43), Alberto R. Gonzales, Dan Burton, Ehud Barak, Marc Rich, William Jefferson (“Bill”) Clinton, Denise Rich

Timeline Tags: Civil Liberties

Marc Rich.Marc Rich. [Source: Huffington Post]Former president Bill Clinton reacts angrily to edited transcripts of private conversations with former Israeli prime minister Ehud Barak, in which Barak requested that Clinton pardon fugitive American financier Marc Rich (see August 21, 2001 and Early September, 2001). The transcripts were edited and released to the public by House Government Reform Committee chairman Dan Burton (R-IN) as part of his investigation into whether Clinton acted improperly in pardoning Rich. After reading the transcripts, Clinton thinks that Burton has selectively edited them, and giving a false impression of the nature and content of the conversations between himself and Barak. Clinton asks the White House, which had provided Burton with copies of the tapes of the conversations, to release all of the relevant portions of the transcripts, which he says will portray the conversations in a different light. But the White House refuses, saying the remaining portions of the transcripts are now classified. [Dean, 2004, pp. 85-86]
'Hating Bill Clinton' - The classification of the documents is quite sudden. Earlier in the month, a White House spokesperson said that the release of the Clinton-Barak transcripts was nothing more than part of their efforts to make more information available to Congress. “The excerpts were not classified,” the spokesperson said. “The decision to make the documents available was entirely consistent with past practice. You don’t just slap Top Secret on a whole document.” However, some observers dispute this. “Given the secrecy that the Bush-Cheney administration has pursued, it’s inconceivable that they would turn this information over if it affected President Bush,” says Phil Schiliro, the Democratic staff director for the House Government Reform Committee, which is trying in vain to secure information from the White House about the Cheney Energy Task Force. Lynne Weil, the press secretary for the Senate Foreign Relations Committee, calls the sudden decision to classify the previously unclassified transcripts “highly unusual.” She adds, “People who have worked for the Foreign Relations Committee for years can’t recall the last time such a thing happened.” The National Security Archives’s Tom Blanton welcomed the original disclosure of the conversations, but says it came not from a sudden desire for transparency from the Bush administration, but from a desire to smear Clinton. The Bush administration passionately believes in secrecy, a belief rooted in its collective ideology, says Blanton. When asked why that same ideological concern didn’t extend to the Clinton-Barak transcripts, Blanton replies that the question ignores “a rather more focused version of that ideology that’s about hating Bill Clinton.”
Violation of Procedure - Typically, the Bush administration turns down requests such as Burton’s for private presidential conversations. However, White House counsel Alberto Gonzales decided to turn them over. At that point, Clinton could have attempted to block the release of the transcripts by invoking executive privilege, a move that may have cast him in a poor light politically. But the events as carried out by Burton and the White House—breaking with precedent to release potentially embarrassing transcripts, edit those transcripts to make their contents appear more damning than they actually are, then retroactively classify the remainder of the transcripts—is highly unusual. [Salon, 2/7/2002; Dean, 2004, pp. 85-86]

Entity Tags: Energy Task Force, Ehud Barak, Bush administration (43), Alberto R. Gonzales, William Jefferson (“Bill”) Clinton, Tom Blanton, National Security Archives, Phil Schiliro, Senate Foreign Relations Committee, Marc Rich, House Committee on Government Reform, Lynne Weil, Dan Burton

Timeline Tags: Civil Liberties

Dan Burton (R-IN), the chairman of the House Government Reform Committee, asks for more than twelve sets of internal Justice Department documents that detail purported fund-raising abuses by the 1996 presidential campaign of Bill Clinton and Al Gore. Burton also wants documents relating to the FBI’s use of mob informants by its Boston office, where evidence indicates that the office literally let the informants get away with murder and suppressed evidence that allowed an innocent man to go to prison. Burton’s request causes a dilemma for the White House. On the one hand, President Bush and Vice President Cheney have given explicit instructions for staffers to resist such calls for information. On the other hand, when Burton had delved into the questions surrounding Clinton’s last-minute pardons, Bush had already given him unprecedented access to Clinton’s private conversations (see August 21, 2001). Burton immediately released edited transcripts of the tapes (see August 21, 2001). The administration ponders whether or not to release the documents, and in the process perhaps further impugn Clinton, or to refuse, preserving their standard of executive privilege. It will eventually come down on the side of secrecy (see December 13, 2001). [Dean, 2004, pp. 85-86]

Entity Tags: William Jefferson (“Bill”) Clinton, Richard (“Dick”) Cheney, US Department of Justice, Ehud Barak, Albert Arnold (“Al”) Gore, Jr., Bush administration (43), Dan Burton, George W. Bush, Federal Bureau of Investigation, House Committee on Government Reform

Timeline Tags: Civil Liberties

Charles Burlingame.Charles Burlingame. [Source: Family photo / Associated Press]The 9/11 Commission says the hijacking of Flight 77 takes place between 8:51 a.m., when the plane transmits its last routine radio communication (see 8:51 a.m. September 11, 2001), and 8:54 a.m., when it deviates from its assigned course (see (8:54 a.m.) September 11, 2001). Based on phone calls made from the plane by flight attendant Renee May (see (9:12 a.m.) September 11, 2001) and passenger Barbara Olson (see (Between 9:15 a.m. and 9:25 a.m.) September 11, 2001), the commission concludes that the hijackers “initiated and sustained their command of the aircraft using knives and box cutters… and moved all of the passengers (and possibly crew) to the rear of the aircraft.” It adds, “Neither of the firsthand accounts to come from Flight 77… mentioned any actual use of violence (e.g., stabbings) or the threat or use of either a bomb or Mace.” [9/11 Commission, 7/24/2004, pp. 8-9; 9/11 Commission, 8/26/2004, pp. 29] People who knew Charles Burlingame, the pilot of Flight 77, will later contend that it would have required a difficult struggle for the hijackers to gain control of the plane from him. [Washington Post, 9/11/2002] Burlingame was a military man who’d flown Navy jets for eight years, served several tours at the Navy’s elite Top Gun school, and been in the Naval Reserve for 17 years. [Associated Press, 12/6/2001] His sister, Debra Burlingame, says, “This was a guy that’s been through SERE [Survival Evasion Resistance Escape] school in the Navy and had very tough psychological and physical preparation.” [Journal News (Westchester), 12/30/2003] Admiral Timothy Keating, who was a classmate of Burlingame’s from the Navy and a flight school friend, says, “I was in a plebe summer boxing match with Chick, and he pounded me.… Chick was really tough, and the terrorists had to perform some inhumane act to get him out of that cockpit, I guarantee you.” [CNN, 5/16/2006] Yet the five alleged hijackers do not appear to have been the kinds of people that would be a particularly dangerous opponent. Pilot Hani Hanjour was skinny and barely over 5 feet tall. [Washington Post, 10/15/2001] And according to the 9/11 Commission, the “so-called muscle hijackers actually were not physically imposing,” with the majority of them being between 5 feet 5 and 5 feet 7 in height, “and slender in build.” [9/11 Commission, 6/16/2004] Senator John Warner (R-VA) later says “the examination of his remains… indicated Captain Burlingame was in a struggle and died before the crash, doing his best to save lives on the aircraft and on the ground.” [Washington Post, 12/8/2001]

Entity Tags: Hani Hanjour, John W. Warner, Charles Burlingame

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Barbara Olson.Barbara Olson. [Source: Richard Eillis / Getty Images]Barbara Olson, a passenger on Flight 77, talks over the phone with her husband, Ted Olson, the solicitor general of the United States, and gives details of the hijacking of her plane, but the call is cut off after about a minute. [9/11 Commission, 5/20/2004; 9/11 Commission, 8/26/2004, pp. 32] Flight 77 was hijacked between around 8:51 a.m. and 8:54 a.m., according to the 9/11 Commission Report (see 8:51 a.m.-8:54 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 8] Sometime later, Barbara Olson tries calling her husband from the plane. The call initially reaches Mercy Lorenzo, an operator for AT&T, and after a short conversation, Lorenzo connects her to Ted Olson’s office at the Department of Justice in Washington, DC (see (Between 9:15 a.m. and 9:25 a.m.) September 11, 2001). [Federal Bureau of Investigation, 9/11/2001; Federal Bureau of Investigation, 9/11/2001]
Secretary Answers the Call - There, the call is answered by Lori Keyton, a secretary. Lorenzo says there is an emergency collect call from Barbara Olson for Ted Olson. Keyton says she will accept it. Barbara Olson is then put through. She starts asking, “Can you tell Ted…” but Keyton cuts her off and says, “I’ll put him on the line.” [Federal Bureau of Investigation, 9/11/2001] Keyton then notifies Helen Voss, Ted Olson’s special assistant, about the call. She says Barbara Olson is on the line and in a panic. The call is then passed on to Ted Olson. [Federal Bureau of Investigation, 9/11/2001] Voss rushes up to him and says, “Barbara is on the phone.” Ted Olson has been watching the coverage of the crashes at the World Trade Center on television and was concerned that his wife might have been on one of the planes involved. He is therefore initially relieved at this news. However, when he gets on the phone with her, he learns about the crisis on Flight 77. [CNN, 9/14/2001; Newsweek, 9/28/2001; Hudson Union, 6/18/2014]
Barbara Olson Provides Details of the Hijacking - Barbara Olson tells her husband that her plane has been hijacked. She gives no information describing the hijackers. She says they were armed with knives and box cutters, but makes no mention of any of the crew members or passengers being stabbed or slashed by them. She says they moved all the passengers to the back of the plane and are unaware that she is making a phone call. After the couple have been talking for about a minute, the call is cut off. Ted Olson will then try to call Attorney General John Ashcroft on a direct line he has to Ashcroft but receive no answer. After that, he will call the Department of Justice command center and ask for someone there to come to his office (see (Between 9:17 a.m. and 9:29 a.m.) September 11, 2001). Barbara Olson will reach her husband again and provide more details about the hijacking a short time later (see (Between 9:20 a.m. and 9:30 a.m.) September 11, 2001). [Federal Bureau of Investigation, 9/11/2001; Newsweek, 9/28/2001; 9/11 Commission, 7/24/2004, pp. 9; 9/11 Commission, 8/26/2004, pp. 32]
Barbara Olson Is 'Incredibly Calm' - Accounts will later conflict over how composed Barbara Olson sounds during the call. She “did not seem panicked,” according to Ted Olson. [Federal Bureau of Investigation, 9/11/2001] “She sounded very, very calm… in retrospect, enormously, remarkably, incredibly calm,” he will say. [CNN, 9/14/2001] But Keyton will say that when she answered the call, Barbara Olson “sounded hysterical.” [Federal Bureau of Investigation, 9/11/2001] Ted Olson will add that he did not hear any noises on the plane other than his wife’s voice. [CNN, 9/14/2001]
Accounts Will Conflict over What Kind of Phone Is Used - Accounts will also be contradictory over whether Barbara Olson’s call is made using a cell phone or an Airfone. Keyton will say there is no caller identification feature on her phone and so she was unable to determine what kind of phone Barbara Olson used. [Federal Bureau of Investigation, 9/11/2001] Ted Olson will tell the FBI that he “doesn’t know if the calls [from his wife] were made from her cell phone or [an Airfone].” He will mention, though, that she “always has her cell phone with her.” [Federal Bureau of Investigation, 9/11/2001] He will similarly tell Fox News that he is unsure whether his wife used her cell phone or an Airfone. He will say he initially assumed the call must have been made on an Airfone and she called collect because “she somehow didn’t have access to her credit cards.” [Fox News, 9/14/2001] But he will tell CNN that she “called him twice on a cell phone.” [CNN, 9/12/2001] And in a public appearance in 2014, he will imply that she called him on her cell phone, saying, “I don’t know how Barbara managed to make her cell phone work” while she was in the air. [Hudson Union, 6/18/2014] Furthermore, a spokesman for Ted Olson will say that during the call, Barbara Olson said she was locked in the toilet. If correct, this would mean she must be using her cell phone. [Daily Mail, 9/12/2001; Evening Standard, 9/12/2001] But in 2002, Ted Olson will tell the London Telegraph that his wife called him on an Airfone and add, “I guess she didn’t have her purse, because she was calling collect.” [Daily Telegraph, 3/5/2002] And based on a study of all Airfone records, an examination of the cell phone records of all of the passengers who owned cell phones, and interviews with the people who received calls from the plane, the Department of Justice will determine that all of the calls from Flight 77 were made using Airfones.
Call Will Be Listed as Being Made to an 'Unknown' Number - A list compiled by the Department of Justice supposedly showing all of the calls made today from Flight 77 will include four “connected calls to unknown numbers” (see 9:15 a.m.-9:30 a.m. September 11, 2001). The 9/11 Commission Report will determine that these include the two calls made by Barbara Olson to her husband. According to the information in the list, her first call must occur at 9:15 a.m., 9:20 a.m., or 9:25 a.m. However, the FBI and the Department of Justice will conclude that all four “connected calls to unknown numbers” were communications between Barbara Olson and her husband’s office. [9/11 Commission, 5/20/2004; 9/11 Commission, 7/24/2004, pp. 455]
Barbara Olson Originally Planned to Fly Out a Day Earlier - Barbara Olson is a former federal prosecutor who is now a well-known political commentator on television. [Independent, 9/13/2001; New York Times, 9/13/2001] She was flying to Los Angeles to attend a major media business conference and to appear on Bill Maher’s television show, Politically Incorrect, this evening. [CNN, 9/14/2001; Hudson Union, 6/18/2014] She was originally scheduled to be on Flight 77 on September 10, but delayed her departure because today is Ted Olson’s birthday, and she wanted to be with him on the night before and have breakfast with him this morning. [CNN, 9/12/2001; Scotsman, 9/13/2001; Hudson Union, 6/18/2014] At around 9:00 a.m., Keyton received a series of about six to eight collect calls from an unknown caller that failed to go through (see (9:00 a.m.) September 11, 2001). Presumably these were made by Barbara Olson. [Federal Bureau of Investigation, 9/11/2001; 9/11 Commission, 8/26/2004, pp. 94] In an interview with the FBI on September 13, Ted Olson will mention some messages on his voicemail at his old law firm. Presumably, he will be suggesting that these were also from Barbara Olson (see (Between 8:55 a.m. and 9:36 a.m.) September 11, 2001). [Federal Bureau of Investigation, 9/13/2001]

Entity Tags: Barbara Olson, Helen Voss, Mercy Lorenzo, Lori Lynn Keyton, Theodore (“Ted”) Olson

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Bush administration solves the dilemma surrounding a request by Congressman Dan Burton (R-IN) for documents from the Clinton administration (see Early September, 2001) by placing secrecy and executive privilege above a chance to potentially attack Clinton. Burton has tucked the request for the Clinton documents in with another request on a far more serious matter, possible malfeasance by an FBI office. President Bush instructs Attorney General John Ashcroft not to turn over the documents on either case, explaining that turning over the documents would violate the “national interest” by giving Congress documents related to “prosecutorial decision making.” Burton, the Republican and Democratic members of the House Government Reform Committee, and editorial writers and commentators around the country criticize the administration over the refusal to turn over the documents, particularly the FBI information. The White House adds fuel to the controversy by claiming, both on this day and in a January 2002 letter from White House counsel Alberto Gonzales, that the refusal is consistent with long-standing Justice Department policy (see January 10, 2002). The committee will secure an opinion from eminent Constitutional scholar Professor Charles Tiefer, who will show that the White House’s argument is flatly wrong. [Dean, 2004, pp. 85-88]
'Your Guy's Acting Like a King' - An infuriated Burton confronts a lower-level Justice Department official sent to testify about the government’s position: “We’ve got a dictatorial president and a Justice Department that does not want Congress involved. Your guy’s acting like he’s king.” In his official comments, Burton accuses the Bush administration of setting a “terrible, terrible precedent” in the name of executive power. “This is not a monarchy,” Burton says. “The legislative branch has oversight responsibilities to make sure there is no corruption in the executive branch.” In the Senate, Charles Grassley (R-IA) agrees with Burton. “Anything that limits legitimate Congressional oversight is worrisome,” he says. “This move needs to be carefully scrutinized, particularly in an atmosphere where Congress is giving the Justice Department additional powers and authority.”
Politics over Principles - But the storm of Congressional criticism will have little lasting effect. In 2007, author Charlie Savage will write: “[P]olitics defeated… principles. Most Republicans were unwilling to challenge Bush, and many Democrats opposed Burton’s probes of the Clinton campaign fund-raising, so few members of either party were interested in fighting the White House about it. And because Bush’s first invocation of [executive privilege] was done in part to protect Clinton and the Democrats, the gesture seemed principled rather than self-serving. It was tactically brilliant.” [Savage, 2007, pp. 98]
Administration Later Turns Over Documents - After the media controversy, the administration quietly, and without public acknowledgment, will provide the FBI material to the committee. The committee’s final report on the FBI investigation will conclude with six pages of withering criticism of the administration’s fallacious claim to executive privilege. However, as former Nixon White House counsel John Dean will note in 2004, the criticism from the committee is essentially meaningless to the White House, because it will garner no attention from the media and thereby cost the administration no political capital. And while some observers cannot understand why the administration would take such a hardline stand on an issue that lacks any implications for national security, the public interest, or the protection of ongoing criminal investigations, Dean will write that “it makes absolute sense if the administration’s aim is total information control.” He adds: “Accordingly, its policy remains to employ executive privilege aggressively, as long as the political price is not too high. If this administration is given a second term, there will be no price too high to expand this presidential privilege, enabling the executive branch to remain completely unaccountable.” [Dean, 2004, pp. 85-88]
Court Upholds Bush Actions - In 2003, a district court will uphold the Bush administration’s refusal to turn over the documents to Burton’s committee (see March 28, 2003).

Entity Tags: John Dean, House Committee on Government Reform, Dan Burton, Clinton administration, Bush administration (43), Charles Tiefer, Charlie Savage, Federal Bureau of Investigation, George W. Bush

Timeline Tags: Civil Liberties

White House counsel Alberto Gonzales issues a letter stating that the administration’s refusal to turn over documents about possible FBI malfeasance to Dan Burton (R-IN), the chairman of the House Government Reform Committee, is consistent with long-standing Justice Department policy. Gonzales’s assertion will be disputed by the Committee, based on an assessment by law Professor Charles Tiefer of the University of Baltimore (see December 13, 2001). [Dean, 2004, pp. 87]

Entity Tags: Federal Bureau of Investigation, Alberto R. Gonzales, Dan Burton, US Department of Justice, Bush administration (43)

Timeline Tags: Civil Liberties

After years of battling Republican filibuster efforts and other Congressional impediments, the Bipartisan Campaign Reform Act of 2002 is signed into law. Dubbed the “McCain-Feingold Act” after its two Senate sponsors, John McCain (R-AZ) and Russ Feingold (D-WI), when the law takes effect after the 2002 midterm elections, national political parties will no longer be allowed to raise so-called “soft money” (unregulated contributions) from wealthy donors. The legislation also raises “hard money” (federal money) limits, and tries, with limited success, to eliminate so-called “issue advertising,” where organizations not directly affiliated with a candidate run “issues ads” that promote or attack specific candidates. The act defines political advertising as “electioneering communication,” and prohibits advertising paid for by corporations or by an “unincorporated entity” funded by corporations or labor unions (with exceptions—see June 25, 2007). To a lesser extent, the BCRA also applies to state elections. In large part, it supplants the Federal Election Campaign Act (FECA—see February 7, 1972, 1974, May 11, 1976, and January 8, 1980). [Federal Election Commission, 2002; Center for Responsive Politics, 2002 pdf file; Connecticut Network, 2006 pdf file]
Bush: Bill 'Far from Perfect' - Calling the bill “far from perfect,” President Bush signs it into law, taking credit for the bill’s restrictions on “soft money,” which the White House and Congressional Republicans had long opposed. Bush says: “This legislation is the culmination of more than six years of debate among a vast array of legislators, citizens, and groups. Accordingly, it does not represent the full ideals of any one point of view. But it does represent progress in this often-contentious area of public policy debate. Taken as a whole, this bill improves the current system of financing for federal campaigns, and therefore I have signed it into law.” [Center for Responsive Politics, 2002 pdf file; White House, 3/27/2002]
'Soft Money' Ban - The ban on so-called “soft money,” or “nonfederal contributions,” affects contributions given to political parties for purposes other than supporting specific candidates for federal office (“hard money”). In theory, soft money contributions can be used for purposes such as party building, voter outreach, and other activities. Corporations and labor unions are prohibited from giving money directly to candidates for federal office, but they can give soft money to parties. Via legal loopholes and other, sometimes questionable, methodologies, soft money contributions can be used for television ads in support of (or opposition to) a candidate, making the two kinds of monies almost indistinguishable. The BCRA bans soft money contributions to political parties. National parties are prohibited from soliciting, receiving, directing, transferring, and spending soft money. State and local parties can no longer spend soft money for any advertisements or other voter communications that identify a candidate for federal office and either promote or attack that candidate. Federal officeholders and candidates cannot solicit, receive, direct, transfer, or spend soft money in connection with any election. State officeholders and candidates cannot spend soft money on any sort of communication that identifies a candidate for federal office and either promotes or attacks that candidate. [Legal Information Institute, 12/2003; ThisNation, 2012]
Defining 'Issue Advertisements' or 'Electioneering Communications' - In a subject related to the soft money section, the BCRA addresses so-called “issue advertisements” sponsored by outside, third-party organizations and individuals—in other words, ads by people or organizations who are not candidates or campaign organizations. The BCRA defines an “issue ad,” or as the legislation calls it, “electioneering communication,” as one that is disseminated by cable, broadcast, or satellite; refers to a candidate for federal office; is disseminated in a particular time period before an election; and is targeted towards a relevant electorate with the exception of presidential or vice-presidential ads. The legislation anticipates that this definition might be overturned by a court, and provides the following “backup” definition: any broadcast, cable, or satellite communication which promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate).
Corporation and Labor Union Restrictions - The BCRA prohibits corporations and labor unions from using monies from their general treasuries for political communications. If these organizations wish to participate in a political process, they can form a PAC and allocate specific funds to that group. PAC expenditures are not limited.
Nonprofit Corporations - The BCRA provides an exception to the above for “nonprofit corporations,” allowing them to fund electioneering activities and communications from their general treasuries. These nonprofits are subject to disclosure requirements, and may not receive donations from corporations or labor unions.
Disclosure and Coordination Restrictions - This part of the BCRA amends the sections of FECA that addresses disclosure and “coordinated expenditure” issues—the idea that “independent” organizations such as PACs could coordinate their electioneering communications with those of the campaign it supports. It includes the so-called “millionaire provisions” that allow candidates to raise funds through increased contribution limits if their opponent’s self-financed personal campaign contributions exceed a certain amount.
Broadcast Restrictions - The BCRA establishes requirements for television broadcasts. All political advertisements must identify their sponsor. It also modifies an earlier law requiring broadcast stations to sell airtime at its lowest prices. Broadcast licensees must collect and disclose records of purchases made for the purpose of political advertisements.
Increased Contribution Limits - The BCRA increases contribution limits. It also bans contributions from minors, with the idea that parents would use their children as unwitting and unlawful conduits to avoid contribution limits.
Lawsuits Challenge Constitutionality - The same day that Bush signs the law into effect, Senator Mitch McConnell (R-KY) and the National Rifle Association (NRA) file lawsuits challenging the constitutionality of the BCRA (see December 10, 2003). [Legal Information Institute, 12/2003]

Entity Tags: Russell D. Feingold, Mitch McConnell, John McCain, National Rifle Association, George W. Bush, Bipartisan Campaign Reform Act of 2002

Timeline Tags: Civil Liberties

After nearly two years of legal wrangling, the Bush administration releases financial and other records from the November-December 2000 campaign to the Internal Revenue Service. Those records include hundreds of pages of documents regarding the Bush campaign’s efforts to win the Florida recounts (see 9:00 a.m. and after, November 22, 2000). The George W. Bush recount committee spent $13.8 million on its efforts to influence the recount, while long-available documents from the Al Gore recount operation show that Gore spent about a quarter of that amount, $3.2 million. The Bush campaign spent more than that on lawyers—$4.4 million. The Bush records document some 250 paid staffers, payouts of $1.2 million to fly operatives to and from Florida, and about $1 million in hotel bills. Additionally, a fleet of corporate jets was provided to the recount operation, many of them paid for by Enron Corporation and its CEO Kenneth Lay, a prominent Bush backer. Other jets were provided by Halliburton, where Vice President Dick Cheney had served as chairman and CEO. [Consortium News, 8/5/2002]

Entity Tags: George W. Bush, Albert Arnold (“Al”) Gore, Jr., Bush administration (43), Halliburton, Inc., Enron Corporation, Kenneth Lay, Internal Revenue Service, Richard (“Dick”) Cheney

Timeline Tags: 2000 Elections

The state of Florida settles a voter discrimination suit filed by the National Association for the Advancement of Colored People (NAACP) in the wake of allegations of massive and widespread discrimination during the November 2000 elections (see November 7, 2000 and April 24, 2001). The class-action suit charged Database Technologies (DBT), a private firm hired by the Florida government, and Florida Secretary of State Katherine Harris with deliberately attempting to disenfranchise black voters. Florida agrees to provisions that nominally settle the problem, but by 2004 will have implemented virtually none of the corrective procedures mandated by the settlement. Miami-Dade, Broward, Leon, Volusia, and Duval Counties settled earlier rather than face trial. [Center for American Progress, 12/9/2010]

Entity Tags: National Association for the Advancement of Colored People, County of Broward (Florida), County of Duval (Florida), Katherine Harris, County of Leon (Florida), Database Technologies, County of Miami-Dade (Florida), County of Volusia (Florida)

Timeline Tags: 2000 Elections, Civil Liberties

US District Court Judge Gladys Kessler, appointed to the bench by former President Bill Clinton, rules that the Bush administration is within the law in refusing to release documents pertaining to pardons issued by Clinton to Congress (see August 21, 2001 and December 13, 2001). Judicial Watch president Tom Fitton accuses Kessler of endorsing the Bush administration’s claim of executive privilege in order to protect Clinton’s reputation. The White House hails the ruling, and spokesman Scott McClellan notes that the courts have now recognized that the privilege “applies to former, current, and future presidents.” In 2007, author and reporter Charlie Savage will write that the ruling hands “the Bush-Cheney legal team another victory in its bid to expand the White House’s power to keep its inner workings secret.” [Savage, 2007, pp. 99]

Entity Tags: Charlie Savage, Bush administration (43), Clinton administration, Gladys Kessler, Tom Fitton, Scott McClellan

Timeline Tags: Civil Liberties

In the case of Federal Election Commission v. Beaumont, the Supreme Court rules that the ban on direct corporate donations by the Federal Election Campaign Act (FECA—see February 7, 1972) is constitutional. The case concerns a challenge to the law by Christine Beaumont and North Carolina Right to Life (NCRL), an anti-abortion advocacy group that sued for the right to donate directly to political candidates under the First Amendment. Beaumont and the NCRL were twice denied in lower courts, and have appealed to the Supreme Court. In a 7-2 decision, the Court upholds the ban. The majority opinion is written by Justice David Souter, who rules that the ban on direct contributions is consistent with the First Amendment. The Court cannot find in favor of NCRL, Souter writes, “without recasting our understanding of the risks of harm posed by corporate political contributions, of the expressive significance of contributions, and of the consequent deference owed to legislative judgments on what to do about them.” Two of the most conservative justices on the Court, Antonin Scalia and Clarence Thomas, dissent, arguing that the ban is not constitutional. [Brennan Center for Justice, 6/16/2003; Oyez (.org), 2009]

Entity Tags: David Souter, Antonin Scalia, Christine Beaumont, Federal Election Campaign Act of 1972, Clarence Thomas, US Supreme Court, North Carolina Right to Life

Timeline Tags: Civil Liberties

The video sleeve for ‘DC 9/11.’The video sleeve for ‘DC 9/11.’ [Source: Internet Movie Database (.com)]Showtime broadcasts a “docudrama” about the 9/11 attacks and the White House’s response, entitled DC 9/11: Time of Crisis. According to New York Times author and media critic Frank Rich, the film drastically rewrites history to portray President Bush as “an unironic action-movie superhero.” In the movie, Bush—portrayed by actor Timothy Bottoms, who played Bush in Comedy Central’s satiric That’s My Bush!—is shown overruling his Secret Service detail and ordering Air Force One to return to Washington immediately, an event which never happened (see (10:32 a.m.) September 11, 2001 and (4:00 p.m.) September 11, 2001). “If some tinhorn terrorist wants me, tell him to come and get me!” the movie Bush shouts. “I’ll be at home, waiting for the b_stard!” The movie Bush has other lines that establish his desire to get back to Washington, including, “The American people want to know where their damn president is!” and “People can’t have an AWOL president!” In one scene, a Secret Service agent questions Bush’s demand to return to Washington by saying, “But Mr. President—” only to be cut off by Bush, who snaps, “Try ‘Commander in Chief.’ Whose present command is: Take the president home!” In reality, most of the orders on 9/11 were given by Vice President Dick Cheney and counterterrorism “tsar” Richard Clarke, but in the movie, Bush is the man in charge. “Hike military alert status to Delta,” he orders Defense Secretary Donald Rumsfeld. “That’s the military, the CIA, foreign, domestic, everything,” he explains. “And if you haven’t gone to Defcon 3, you oughtta.” To Cheney, he barks: “Vice? We are at war.” The White House team are, in Rich’s words, “portrayed as the very model of efficiency and derring-do.” [Washington Post, 6/19/2003; New York Times, 9/5/2003; Rich, 2006, pp. 25-26] New York Times reviewer Alessandra Stanley notes that Bush is the unquestioned hero of the film, with British Prime Minister Tony Blair portrayed as “not very eloquent” and Cheney depicted as “a kowtowing yes-man.” [New York Times, 9/5/2003]
Conservative Pundits Influenced Script - The movie is produced by Lionel Chetwynd, whom Rich calls “the go-to conservative in B-list Hollywood.” For the movie script, Chetwynd was given unprecedently broad access to top White House officials, including Bush. He also received the assistance of conservative Washington pundits Charles Krauthammer, Morton Kondracke, and Fred Barnes, who cover the Bush White House for such media outlets as Fox News, the Weekly Standard, and the Washington Post. Rich later writes that much of the film seems based on Bob Woodward’s “hagiographic [book] Bush at War (see November 25, 2002).” [Washington Post, 6/19/2003; Rich, 2006, pp. 25-26]
Propaganda Effort? - Before the movie airs, Toronto Sun columnist Linda McQuaig called the film an attempt to mythologize Bush in a fashion similar to Hollywood’s re-creation of the Wild West’s Wyatt Earp, and wrote that the film “is sure to help the White House further its two-pronged reelection strategy: Keep Americans terrified of terrorism and make Bush look like the guy best able to defend them.” Texas radio commentator Jim Hightower added that the movie would present Bush as “a combination of Harrison Ford and Arnold Schwarzenegger.… Instead of the doe-eyed, uncertain, worried figure that he was that day, Bush-on-film is transformed into an infallible, John Wayne-ish, Patton-type leader, barking orders to the Secret Service and demanding that the pilots return him immediately to the White House.” Chetwynd himself has acknowledged that he is a “great admirer” of Bush, and has close ties to the White House. In late 2001, Bush appointed him to the President’s Committee on the Arts and the Humanities. “This isn’t propaganda,” Chetwynd insisted during the shooting of the movie, adding: “Everything in the movie is [based on] two or three sources. I’m not reinventing the wheel here.… I don’t think it’s possible to do a revision of this particular bit of history. Every scholar who has looked at this has come to the same place that this film does. There’s nothing here that Bob Woodward would disagree with.… It’s a straightforward docudrama. I would hope what’s presented is a fully colored and nuanced picture of a human being in a difficult situation.” [Washington Post, 6/19/2003] Rich will later write that the film is “unmistakably a propaganda effort on behalf of a sitting administration.” [Rich, 2006, pp. 25-26]
Blaming the Clinton Administration - Perhaps most questionably, Stanley writes, the film “rarely misses a chance to suggest that the Clinton administration’s weakness was to blame for the disaster.” Bush, she notes, is portrayed as a more decisive leader than his predecessor: in the film, he tells Blair over the telephone: “I want to inflict pain [on the attackers]. Bring enough damage so they understand there is a new team here, a fundamental change in our policy.” [New York Times, 9/5/2003]
9/11 Widow Unhappy with Film - Kristen Breitweiser, who lost her husband in the attack on the World Trade Center, calls the film “a mind-numbingly boring, revisionist, two-hour-long wish list of how 9/11 might have gone if we had real leaders in the current administration.” She adds: “It is understandable that so little time is actually devoted to the president’s true actions on the morning of 9/11. Because to show the entire 23 minutes from 9:03 to 9:25 a.m., when President Bush, in reality, remained seated and listening to ‘second grade story-hour’ while people like my husband were burning alive inside the World Trade Center towers, would run counter to Karl Rove’s art direction and grand vision.” Breitweiser questions numerous aspects of the film: “Miscellaneous things that surprised me included the fact that the film perpetuates the big fat lie that Air Force One was a target. Forgive me, but I thought the White House admitted at the end of September 2001 that Air Force One was never a target, that no code words were spoken and that it was all a lie (see (10:32 a.m.) September 11, 2001 and September 12, 2001-March 2004). So what gives?… Not surprisingly, there is no mention of accountability. Not once does anyone say, ‘How the hell did this happen? Heads will roll!’ I was hoping that, at least behind closed doors, there were words like, ‘Look, we really screwed up! Let’s make sure we find out what went wrong and that it never happens again!’ Nope, no such luck.” [Salon, 9/8/2003]

Entity Tags: Charles Krauthammer, Richard (“Dick”) Cheney, Richard A. Clarke, Showtime, Alessandra Stanley, Tony Blair, Bob Woodward, Morton Kondracke, Lionel Chetwynd, Timothy Bottoms, Kristen Breitweiser, Donald Rumsfeld, Clinton administration, Fred Barnes, Frank Rich, Karl C. Rove, George W. Bush, Linda McQuaig, Jim Hightower

Timeline Tags: Complete 911 Timeline, Domestic Propaganda, 2004 Elections

The Supreme Court rules in the case of McConnell v. Federal Election Commission. The case addresses limitations on so-called “soft money,” or contributions to a political party not designated specifically for supporting a single candidate, that were imposed by the Bipartisan Campaign Reform Act of 2002 (BCRA), often known as the McCain-Feingold law after its two Senate sponsors (see March 27, 2002). A three-judge panel has already struck down some of McCain-Feingold’s restrictions on soft-money donations, a ruling that was stayed until the Court could weigh in. Generally, the Court rules that the “soft money” ban does not exceed Congress’s authority to regulate elections, and does not violate the First Amendment’s free speech clause. The ruling is a 5-4 split, with the majority opinion written by liberal Justice John Paul Stevens and his conservative colleague Sandra Day O’Connor. The opinion finds that the “minimal” restrictions on free speech are outweighed by the government’s interest in preventing “both the actual corruption threatened by large financial contributions and… the appearance of corruption” that might result from those contributions. “Money, like water, will always find an outlet,” the justices write, and the government must take steps to prevent corporate donors from finding ways to subvert the contribution limits. The majority is joined by liberal justices Stephen Breyer, Ruth Bader Ginsburg, and David Souter, and the four other conservatives on the court—Anthony Kennedy, William Rehnquist, Antonin Scalia, and Clarence Thomas—dissent. [Legal Information Institute, 12/2003; Oyez (.org), 2011] The case represents the consolidation of 11 separate lawsuits brought by members of Congress, political parties, unions, and advocacy groups; it is named for Senator Mitch McConnell, who sued the FEC on March 27, 2002, the same day the bill was signed into law. Due to the legal controversy expected to be generated by the law and the need to settle it prior to the next federal election, a provision was included in the BCRA that provided for the case to be heard first by a special three-judge panel and then appealed directly to the Supreme Court. This District of Columbia district court panel, comprised of two district court judges and one circuit court judge, was inundated with numerous amicus briefs, almost 1,700 pages of related briefs, and over 100,000 pages of witness testimony. The panel upheld the BCRA’s near-absolute ban on the usage of soft money in federal elections, and the Supreme Court agrees with that finding. However, the Court reverses some of the BCRA’s limitations on the usage of soft money for “generic party activities” such as voter registration and voter identification. The district court overturned the BCRA’s primary definition of “noncandidate expenditures,” but upheld the “backup” definition as provided by the law. Both courts allow the restrictions on corporate and union donations to stand, as well as the exception for nonprofit corporations. The Court upholds much of the BCRA’s provisions on disclosure and coordinated expenditures. The lower court rejected the so-called “millionaire provisions,” a rejection the Supreme Court upholds. A provision banning contributions by minors was overturned by the lower court, and the Court concurs. The lower court found the provision requiring broadcasters to collect and disclose records of broadcast time purchased for political activities unconstitutional, but the Court disagrees and reinstates the requirement. [Legal Information Institute, 12/2003] McConnell had asked lawyer James Bopp Jr., a veteran of anti-campaign finance lawsuits and the head of McConnell’s James Madison Center for Free Speech, to take part in the legal efforts of the McConnell case. However, before the case appeared before the Supreme Court, McConnell dropped Bopp from the legal team due to a dispute over tactics. [New York Times, 1/25/2010] The 2010 Citizens United decision will partially overturn McConnell (see January 21, 2010).

Entity Tags: Federal Election Commission, David Souter, Bipartisan Campaign Reform Act of 2002, Antonin Scalia, Anthony Kennedy, William Rehnquist, US Supreme Court, Stephen Breyer, Sandra Day O’Connor, National Rifle Association, Mitch McConnell, John Paul Stevens, Ruth Bader Ginsburg, James Bopp, Jr, Clarence Thomas

Timeline Tags: Civil Liberties

Peter Lewis of Progressive Insurance.Peter Lewis of Progressive Insurance. [Source: Forbes]Billionaire George Soros, a frequent contributor to Democratic and liberal causes, gives $23.7 million to a number of “527s,” politically active groups that operate independently of particular campaigns or candidates (see 2000 - 2005, March 2000 and After, and June 30, 2000). Peter Lewis, the CEO of Progressive Insurance, gives almost that much, with donations totaling $23.247 million. Their donations include:
bullet $16 million (Lewis) and $12,050,000 (Soros) to the Joint Victory Campaign 2004, an “umbrella” fundraising entity that distributes funds to two other major groups, America Coming Together (ACT) and The Media Fund.
bullet $7,500,000 (Soros) and $2,995,000 (Lewis) to America Coming Together.
bullet $2,500,000 (Soros) and $2,500,000 (Lewis) to MoveOn.org.
bullet $650,000 (Lewis) and $325,000 (Soros) to the Young Democrats of America.
bullet $485,000 (Lewis) to the Marijuana Policy Project.
bullet $325,000 (Soros) to Democrats 2000.
bullet $300,000 (Soros) to the Real Economy Group.
bullet $300,000 (Soros) to the Campaign for America’s Future.
bullet $250,000 (Soros) and $250,000 (Lewis) to Democracy for America.
bullet $250,000 (Soros) to Safer Together 04.
bullet $117,220 (Lewis) to Stonewall Democrats United.
bullet $100,000 (Lewis) to the Gay and Lesbian Victory Fund.
bullet $100,000 (Lewis) to the Sierra Club.
bullet $50,000 (Lewis) to PunkVoter.Inc. [Center for Responsive Politics, 2012; Discover the Secrets, 2012; Center for Responsive Politics, 6/11/2012; Center for Responsive Politics, 6/11/2012]

Entity Tags: George Soros, America Coming Together, Young Democrats of America, Democrats 2000, Democracy for America, Gay and Lesbian Victory Fund, Campaign for America’s Future, Stonewall Democrats United, The Media Fund, MoveOn (.org), Marijuana Policy Project, Sierra Club, Peter Lewis, Safer Together 04, PunkVoter.Inc., Joint Victory Campaign, Real Economy Group

Timeline Tags: Civil Liberties, 2004 Elections

The lobbying organization Citizens United (CU) runs a television advertisement featuring the father of a firefighter killed in the aftermath of the 9/11 attacks. The father, Jimmy Boyle, says in the ad: “On September 11, terrorists murdered nearly 3,000 Americans, including 346 firefighters, one of which was my son, Michael. I lost my son. I spoke to him that day. He went to work that morning, and he had died for a reason: because somebody hates America. And that day, George Bush became a leader, a war president.” CU is spending $100,000 to run the ad for a week in Ohio, Pennsylvania, West Virginia, Wisconsin, and Washington, DC. CU is led by Republican political operative David Bossie (see May 1998). [Washington Post, 5/11/2004; Media Matters, 5/11/2004]

Entity Tags: Michael Boyle, Citizens United, George W. Bush, Jimmy Boyle, David Bossie

Timeline Tags: Complete 911 Timeline, Civil Liberties, 2004 Elections

The conservative lobbying and advocacy group Citizens United (CU) attempts to rebut a 60 Minutes appearance by former President Bill Clinton by buying television time to accuse Clinton of leaving the US unprepared for the 9/11 attacks. Clinton appears on the CBS newsmagazine to discuss his upcoming autobiography, My Life. In the book, Clinton says that CU president David Bossie (see May 1998) helped to create the Whitewater scandal that plagued his second presidential term and led to his impeachment by the Republican-led House of Representatives. Bossie has published a book, Intelligence Failure, blaming the Clinton administration for leaving the country vulnerable to the 9/11 attacks. Bossie recently told an interviewer that he has been working on “uncovering the truth” about the Clinton administration for a decade. “I am going to make sure people remember the facts, not just what he wants people to remember,” he said. Bossie’s organization runs a commercial in several markets listing a number of terrorist attacks during Clinton’s two terms, and accusing Clinton of leaving the nation unprepared for the 9/11 assault. The CU refutation is just one of a number of conservative attacks on Clinton over his book, possibly because Clinton shows signs of being willing to join Democratic presidential candidate John Kerry (D-MA) on the campaign trail. A number of conservatives are advising the Kerry campaign to keep its distance from Clinton. [New York Times, 6/21/2004]

Entity Tags: Citizens United, CBS News, William Jefferson (“Bill”) Clinton, David Bossie, John Kerry

Timeline Tags: 2004 Elections

Fahrenheit 9/11 movie poster.
Fahrenheit 9/11 movie poster. [Source: Lions Gate Films]Fahrenheit 9/11, a film by well-known documentarian and author Michael Moore, is released in the US. Amongst other things, this film reveals connections between the Bush family and prominent Saudis including the bin Laden family. [New York Times, 5/6/2004; New York Times, 5/17/2004; Toronto Star, 6/13/2004] It reviews evidence the White House helped members of Osama bin Laden’s family and other Saudis fly out of the US in the days soon after 9/11. [New York Times, 5/17/2004; Toronto Star, 6/13/2004; New York Times, 6/18/2004; Los Angeles Times, 6/23/2004; Newsweek, 6/30/2004] It introduces to the mainstream damning footage of President Bush continuing with a photo-op for seven minutes (see (9:07 a.m.) September 11, 2001) after being told of the second plane hitting the WTC on 9/11. [New York Times, 6/18/2004; Washington Post, 6/19/2004; Newsweek, 6/20/2004; Los Angeles Times, 6/23/2004] Disney refused to let its Miramax division distribute the movie in the United States, supposedly because the film was thought too partisan. [New York Times, 5/6/2004; Guardian, 6/2/2004; Los Angeles Times, 6/11/2004; Agence France-Presse, 6/23/2004] The film won the top award at the prestigious Cannes Film Festival—the first documentary to do so in nearly 50 years. [BBC, 5/24/2004; Guardian, 5/24/2004; Agence France-Presse, 6/23/2004] It is generally very well received, with most US newspapers rating it favorably. [Agence France-Presse, 6/23/2004; Editor & Publisher, 6/27/2004] The film is an instant hit and is seen by tens of millions. [Associated Press, 6/27/2004; BBC, 6/28/2004; Associated Press, 6/28/2004; CBS News, 6/28/2004] There are some criticisms that it distorts certain facts, such as exaggerating the possible significance of Bush and bin Laden family connections, and gripes about a $1.4 billion number representing the money flowing from Saudi companies to the Bush family. However, the New York Times claims that the public record corroborates the film’s main assertions. [New York Times, 5/17/2004; New York Times, 6/18/2004; Newsweek, 6/30/2004] Shortly before the film’s release, the conservative organization Citizens United tried to block the film’s distribution (see June 27, 2004). The effort failed (see August 6, 2004).

Entity Tags: George W. Bush, Bin Laden Family, Michael Moore, Osama bin Laden, Citizens United, Walt Disney Company, Miramax

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Domestic Propaganda, 2004 Elections

David Bossie (see May 1998), the head of the conservative lobbying group Citizens United (CU), accuses liberal filmmaker Michael Moore of improper involvement in the presidential campaign of Senator John Kerry (D-MA). Moore and the production company Lions Gate have released a new documentary, Fahrenheit 9/11, that is highly critical of the Bush administration (see June 25, 2004). Bossie says the film’s commercials, airing on network and cable television, are little more than campaign commercials devised to attack President Bush and assist Kerry. One commercial shows Bush on the golf course, talking about terrorism. In the clip, Bush tells a group of reporters, “We must stop these terrorist killers,” then turns his back, hefts his golf club, and says, “Now watch this drive.” The New York Times writes that “[t]he scene is one of many featured in the film that paint the president as cavalier, cynical, and insincere in the war against terrorism.” Republicans have for the most part ignored the film until recently, when ads for the film began drawing what they consider unwarranted attention. Bossie says: “There’s only a very small percentage of Americans that are going to go and see this movie. A much larger number are going to be bombarded by these political ads run by Michael Moore, potentially all the way through the election.” CU has run ads supportive of Bush (see (May 11, 2004)). Bossie has filed a complaint with the Federal Election Commission (FEC) asking that agency to classify the film’s ads as political, and restrict their broadcast according to campaign finance law (see March 27, 2002 and December 10, 2003). The law says that if found to be political, the ads must not be aired within 30 days of the start of the Republican National Convention on August 30. Legal experts say the FEC is unlikely to rule on the complaint for months, and even if the agency finds the ads to be political, the film could qualify for an exemption from the restrictions for news and commentary. Tom Ortenberg of Lions Gate says, “If we are still running television ads [by July 30], we will make certain that they are in full compliance with any and all regulations.” If they must remove Bush from the ads to remain in compliance, Ortenberg says “we can market this film without him.” Ortenberg denies that the ads have any political agenda. [New York Times, 6/27/2004] After Lions Gate agrees not to show ads for the film after July 30, the FEC will dismiss the complaint (see August 6, 2004).

Entity Tags: Lions Gate, David Bossie, Citizens United, Federal Election Commission, John Kerry, New York Times, George W. Bush, Tom Ortenberg, Michael Moore

Timeline Tags: Civil Liberties, 2004 Elections

Wisconsin Right to Life logo.Wisconsin Right to Life logo. [Source: Dane101 (.com)]After the passage of the Bipartisan Campaign Reform Act of 2002 (BCRA—see March 27, 2002), also known as the McCain-Feingold law after its original sponsors, and the 2003 McConnell Supreme Court decision that upheld the law (see December 10, 2003), corporations and labor unions are prohibited from airing ads that attack candidates but avoid specific language that turns the ads from general commercials into “campaign” ads within 30 days of a primary election or 60 days of a federal election. Wisconsin Right to Life (WRTL) comes to anti-abortion and anti-campaign finance lawyer James Bopp Jr. (see November 1980 and After) with a dilemma. The WRTL wants to run ads attacking Senator Russ Feingold (D-WI), a powerful advocate of abortion rights, for his record of opposing President Bush’s judicial nominees. It intends to use the ads as campaign attack ads against Feingold, but skirt the BCRA’s restrictions by not specifically discouraging votes for him, thereby giving the appearance of “issue” ads and thusly not running afoul of the BCRA. Bopp is worried that the McConnell decision, just rendered, would make the Court reluctant to reverse itself so quickly. Bopp knows that the McConnell decision was in response to a broad challenge to the BCRA that argued the law was unconstitutional in all circumstances. Bopp decides to challenge the BCRA on behalf of the WRTL on narrower grounds—to argue that the specific application of the BCRA in this instance would violate the group’s First Amendment rights. He decides not to file a complaint with the Federal Election Commission (FEC) because of that agency’s notoriously slow response time, but instead files a preemptive challenge in court objecting to the BCRA’s ban on “issue advertisements” in the weeks before elections. Bopp is encouraged by the prospects of a court challenge that may wend its way to the Supreme Court, as the “swing” vote in McConnell was Justice Sandra Day O’Connor, who has been succeeded by the more conservative Samuel Alito (see October 31, 2005 - February 1, 2006). [New Yorker, 5/21/2012] Bopp will prove to be correct, as the Supreme Court will find in WRTL’s favor (see June 25, 2007).

Entity Tags: Russell D. Feingold, Federal Election Commission, Bipartisan Campaign Reform Act of 2002, George W. Bush, Samuel Alito, James Bopp, Jr, Wisconsin Right to Life, US Supreme Court, Sandra Day O’Connor

Timeline Tags: Civil Liberties, 2004 Elections

The Federal Election Commission (FEC) dismisses the complaint “Citizens United v. Michael Moore and Fahrenheit 9/11.” The conservative lobbying group Citizens United (CU—see (May 11, 2004)) had complained to the Federal Election Commission (FEC) that liberal documentarian Michael Moore released a movie, Fahrenheit 9/11 (see June 25, 2004), that was so critical of the Bush administration that it should be considered political advertising. If the movie is indeed political advertising, under federal law it cannot be shown within 30 days before a primary election or 60 days before a general election. The FEC dismisses the complaint, finding no evidence that the movie’s advertisements had broken the law. The movie’s distributors, Lions Gate, assure the FEC that they do not intend to advertise the movie during the time periods given under the law. [Federal Election Commission, 8/6/2004; Moneyocracy, 2/2012] In the aftermath of the FEC decision, CU leaders Floyd Brown (see September 21 - October 4, 1988) and David Bossie will decide that they can do what Moore did, and decide to make their own “documentaries.” Bossie realized after Fahrenheit 9/11 aired that it, and the television commercials promoting it, served two purposes—attacking President Bush and generating profits. Having already conducted an examination of the career of former First Lady Hillary Clinton (D-NY), now a sitting senator with presidential aspirations, the organization will decide to make its first “feature film” about her (see January 10-16, 2008). [New Yorker, 5/21/2012]

Entity Tags: Hillary Clinton, Citizens United, Bush administration (43), David Bossie, Floyd Brown, Michael Moore, Federal Election Commission, Lions Gate

Timeline Tags: Civil Liberties, 2004 Elections

The DVD cover for ‘Celsius 41.11.’The DVD cover for ‘Celsius 41.11.’ [Source: Citizens United]The Federal Election Commission (FEC) refuses to allow the conservative lobbying and advocacy group Citizens United (CU) to advertise on television its upcoming film Celsius 41.11—The Temperature at Which the Brain Begins to Die, a documentary that the group intends as a refutation of the documentary Fahrenheit 9/11 (see June 25, 2004), a film by liberal documentarian Michael Moore that savaged the Bush administration’s handling of the 9/11 attacks. The FEC also refuses to allow CU to pay to run the film on television. The FEC bases its decision on the Bipartisan Campaign Reform Act of 2002 (McCain-Feingold—see March 27, 2002), and its restrictions on nonprofit groups such as CU using unregulated contributions to pay for “electioneering communications” to be shown within 60 days of a federal general election. CU would broadcast the film in late September, less than 60 days before the November 2 elections. CU argued, unsuccessfully, that it is a member of the news media and therefore can use a legal exemption provided for news, commentary, and editorial content. In a 4-0 vote, the FEC rejects the argument, saying that CU intends to buy air time instead of being paid to provide content, and that its primary function is as an advocacy group and not a film production organization. FEC vice chair Ellen L. Weintraub, one of the commission’s three Democrats, says: “You don’t want a situation where people are airing campaign commercials and they are exempt from commission rules because they are considered a media event. The danger is that the exemption swallows the rules.” CU president David Bossie (see May 1998) says he is “clearly disappointed” with the ruling, and adds, “They [the FEC] want to limit free speech, and that’s what this issue is about for us.” The company marketing Fahrenheit 9/11 was not allowed to run advertisements promoting the film within 60 days of the elections, and a CU complaint against that film was dismissed after its distributors promised not to air such advertisements (see August 6, 2004). CU has helped fund the publication of a book by Bossie attacking Democratic presidential candidate John Kerry (D-MA), and has released numerous documentaries attacking the Clinton administration and the United Nations. The current film contains some material attacking Kerry, though that material is not the primary focus of the film. Bossie says the group will attempt to show the film in theaters to paying audiences within a few weeks (see September 27-30, 2004). [New York Times, 9/9/2004; New York Times, 9/30/2004]

Entity Tags: Federal Election Commission, Bush administration (43), Bipartisan Campaign Reform Act of 2002, Citizens United, Clinton administration, John Kerry, Michael Moore, David Bossie, United Nations, Ellen L. Weintraub

Timeline Tags: Civil Liberties, Domestic Propaganda, 2004 Elections

The conservative lobbying and advocacy group Citizens United (CU) releases a documentary intended as a refutation of the popular documentary, Fahrenheit 9/11 (see June 25, 2004), a film by liberal documentarian Michael Moore that savaged the Bush administration’s handling of the 9/11 attacks. The CU film is entitled Celsius 41.11—The Temperature at Which the Brain Begins to Die. CU spent six weeks making the film, and is releasing it in small venues around the nation after the Federal Election Commission (FEC) denied the organization permission to broadcast it on television (see September 8, 2004). (In August, the FEC dismissed a complaint against Moore over Fahrenheit 9/11 filed by CU—see August 6, 2004.) The slogan for the movie is “The Truth Behind the Lies of Fahrenheit 9/11!” The movie was written and produced by Lionel Chetwynd, who has written and produced a number of Hollywood feature films and documentaries. Chetwynd, a vocal conservative, produced the September 2003 “docudrama” 9/11: Time of Crisis, which portrayed President Bush as a near-action hero during and after the 9/11 attacks, and took significant liberties with the actual events (see September 7, 2003). Of this film, Chetwynd says: “We could have gone wall to wall with red meat on this, but we purposely didn’t. The cheap shots may be entertaining in Moore’s film, but we wanted to make the intellectual case and go beyond lecturing to the converted.” New York Times reporter John Tierney describes the movie as overtly intellectual, sometimes appearing more as a PowerPoint presentation than a film made to appeal to a wider audience. It features a point-by-point defense of Bush’s actions during the 9/11 attacks, and features “politicians, journalists, and scholars discoursing on the legality of the Florida recount in 2000, the Clinton administration’s record on fighting terrorism, and the theory of American exceptionalism.” There are a few “red meat” moments, Tierney notes, including the juxtaposition of the Twin Towers burning as Moore says in a voiceover, “There is no terrorist threat.” It also includes a few slaps against Democratic presidential candidate John Kerry (D-MA), mostly in the form of a country song where the singer Larry Gatlin sings, “John boy, please tell us which way the wind’s blowing,” a reference to the Bush campaign’s attempt to portray Kerry as a “flip-flopper” who goes back and forth in his views on various issues. The Georgetown premiere of the movie attracts some 300 viewers, almost all Republicans, according to Tierney. The audience, according to Tierney, views the film as more “thoughtful and accurate” than Moore’s film, and unlikely to make anywhere near the profits the earlier film garnered. Chetwynd says he resisted the temptation to launch an all-out assault on Kerry “the way that Moore did with Bush.” Filmgoer Jerome Corsi, who has written a bestselling book attacking Kerry’s Vietnam record, praises the film, as does Debra Burlingame, whose brother was the pilot of the airplane that was flown into the Pentagon on the morning of September 11, 2001 (see 8:51 a.m.-8:54 a.m. September 11, 2001). Burlingame, a founder of a group of 9/11 victim relatives that supports Bush, says: “Michael Moore actually used footage of the Pentagon in flames as a sight gag. It was really hard to sit there in the theater listening to people laugh at that scene knowing my brother was on that plane. I wish more people would see this film instead.” [New York Times, 9/30/2004] In October, the Washington Post’s Philip Kennicott will dismiss the film as “generat[ing] heat but no new light,” calling it “sad in a sad sort of way… dull, lazy, and inconsistent,” and suffused with an “unabashed idolatry of the Great Leader (in this case, George W. Bush)” in the same way that Nazi propagandist Leni Riefenstahl made her documentaries (he wonders, “Has the conservative worldview really been reduced to a slavish worship of authority?”). Kennicott will ask if the film is an attempt to refute Moore’s documentary or an “overlong attack ad on John Kerry,” and concludes that the film is little more than a combination of “dreadful political advertisements and dreadful political talk shows.” [Washington Post, 10/22/2004] TV Guide’s Maitland McDonagh will call the film a “shrill, repetitive screed” obviously released just in time to influence the 2004 presidential election, and bearing “all the hallmarks of having been thrown together in a heated rush.” [TV Guide, 10/2004]

Entity Tags: Jerome Corsi, Debra Burlingame, Clinton administration, Citizens United, Bush administration (43), George W. Bush, Philip Kennicott, Lionel Chetwynd, Federal Election Commission, Larry Gatlin, Leni Riefenstahl, John Tierney (New York Times), Maitland McDonagh, John Kerry, Michael Moore

Timeline Tags: Civil Liberties, Domestic Propaganda, 2004 Elections

In Cincinnati, Donald and Marian Spencer, elderly African American civil rights activists, go to federal district court to challenge the 1953 Ohio law that permits poll watchers to challenge voters (see 4:00 p.m., October 22, 2004). Critics of the law say it is rooted in a blatantly racist 1886 statute that emerged after the Civil War. The couple is supported in their case by the Democrats. The couple complains that most of the Republican challengers will be deployed in the heavily black precincts in the Cincinnati area in order to suppress minority voters. [Cincinnati Enquirer, 11/1/2004; Los Angeles Times, 11/2/2004] David Maume, a sociologist from the University of Cincinnati, testifies that demographic data show a disproportionate number of Republican challengers would be sent to precincts that are predominantly Africa-American. Maume further explains that perhaps as many as 77 percent of black voters would encounter a challenger on Election Day, compared with 25 percent of white voters. There is “a clear correlation between a voting population that is black and the placement of Republican challengers,” Maume concludes. [Plain Dealer (Cleveland), 10/31/2004] The court resumes hearing on the case Sunday evening (see Evening, October 31, 2004). [Los Angeles Times, 11/2/2004]

Entity Tags: Marian Spencer, David Maume, Donald Spencer

Timeline Tags: Civil Liberties, 2004 Elections

In Cincinnati, Donald and Marian Spencer, go to federal district court to resume their challenge (see October 29, 2004) of a 1953 Ohio law that permits poll watchers to challenge voters (see 4:00 p.m., October 22, 2004). The couple contends that most of the Republican challengers will be working in the heavily black precincts in the Cincinnati area in order to suppress minority voters. The court decides early Monday morning (see 1:24 a.m., November 1, 2004). [Los Angeles Times, 11/2/2004]

Entity Tags: Marian Spencer, Donald Spencer

Timeline Tags: Civil Liberties, 2004 Elections

Jesse Lee Peterson, appearing on a Fox News broadcast.Jesse Lee Peterson, appearing on a Fox News broadcast. [Source: Think Progress]The Reverend Jesse Lee Peterson attacks the Reverend Jesse Jackson for participating in what he calls a liberal conspiracy to “keep black[s] on the plantation of the Democratic Party.” Jackson has caused a media stir by raising questions about the fairness of the voting process in the November presidential elections in Ohio (see October 29, 2004 and Evening, October 31, 2004). Jackson, Peterson says, is part of an organized liberal effort to “keep black Americans angry in order to keep them on the plantation of the Democratic Party.” Peterson also accuses liberals of being the real racists in America, calls allegations that blacks were disenfranchised in the 2000 elections “a lie” (see November 7, 2000, November 7, 2000, November 7, 2000, 11:30 a.m. November 7, 2000, and Early Afternoon, November 7, 2000), and falsely claims that Democratic presidential candidate John Kerry (D-MA) supported reparations for slavery during his campaign. Peterson makes his remarks during an appearance on Fox News’s Hannity & Colmes. Co-host Sean Hannity is a member of BOND’s advisory board, and is quoted on the BOND Web site as calling Peterson “a great American” and “a man of conscience.” The liberal media watchdog organization Media Matters notes that Peterson has often attacked Jackson. Peterson’s organization, the Brotherhood Organization of a New Destiny (BOND), has held a “National Day of Repudiation of Jesse Jackson” for the last five years. In an August 2000 article in the John Birch Society’s New American magazine, Peterson called Jackson a “problem profiteer… who makes millions by exploiting and exacerbating racial tensions.” He wrote a 2003 book entitled Scam: How the Black Leadership Exploits Black America, in which he attacked Jackson, the Reverend Al Sharpton, and other black civil rights leaders. Peterson and BOND have led a boycott of the National Association for the Advancement of Colored People (NAACP), claiming the organization is “a tool of the liberal elite socialist wing of the Democratic Party.” And he is currently suing Jackson for assault and civil rights violations [Media Matters, 11/30/2004] (the case will be settled out of court in 2006 after a jury dismisses all but one charge against Jackson and deadlocks on the remaining charge). [Judicial Watch, 1/27/2006]

Entity Tags: John Birch Society, Al Sharpton, Brotherhood Organization of a New Destiny, Jesse Lee Peterson, John Kerry, Sean Hannity, Jesse Jackson, Media Matters, National Association for the Advancement of Colored People

Timeline Tags: Domestic Propaganda, 2004 Elections

Americans for Prosperity logo.Americans for Prosperity logo. [Source: Americans for Prosperity]After the 2004 presidential election, the “astroturf” organization Citizens for a Sound Economy (see Late 2004) splits due to internal dissension. Oil billionaire David Koch and Koch Industries lobbyist Richard Fink (see August 30, 2010) launch a new “astroturf” organization, Americans for Prosperity (AFP—see May 29, 2009)). They hire Tim Phillips to run the organization. Phillips (see August 6, 2009) is a veteran political operative who worked closely with Republican operative Ralph Reed; the two co-founded the political consulting firm Century Strategies. Phillips’s online biography will describe him as an expert in “grasstops” and “grassroots” political organizing. Conservative operative Grover Norquist will call Phillips “a grownup who can make things happen.” In 2009, Phillips will claim that AFP has “only” 800,000 members, but its Web site will claim “1.2 million activists.” A former employee of the Cato Institute, a Koch-founded libertarian think tank, will say that AFP is “micromanaged by the Kochs” (indicating involvement by both David and Charles Koch). [New Yorker, 8/30/2010]

Entity Tags: David Koch, Cato Institute, Americans for Prosperity, Century Strategies, Citizens for a Sound Economy, Koch Industries, Charles Koch, Tim Phillips, Ralph Reed, Richard Fink, Grover Norquist

Timeline Tags: Domestic Propaganda

The US Senate Republican Policy Committee issues a report titled “Putting an End to Voter Fraud.” The report claims that voter fraud—individuals ineligible to vote casting illicit ballots—“continues to plague our nation’s federal elections, diluting and canceling out the lawful votes of the vast majority of Americans.” The report advises Congress to pass laws requiring “voters at the polls show photo identification.” [In These Times, 4/18/2007] A 2007 study by the Brennan Center for Justice will conclude that voters are more likely to be struck by lightning than to commit voter fraud (see 2007).

Entity Tags: US Senate Republican Policy Committee

Timeline Tags: Civil Liberties

President Bush, stung by the opposition from both left and right that derailed his nomination of Harriet Miers for the Supreme Court (see October 3-27, 2005), nominates appeals court judge Samuel Alito to the Court to replace the retiring Sandra Day O’Connor. [Dean, 2007, pp. 155-157]
Staunch Advocate of Expanding Presidential Power - Alito has impeccable credentials, especially in contrast to the widely derided Miers. He is a graduate of Yale Law School, a long-time member of the conservative Federalist Society, and has years of decisions behind him as an appellate court judge. He is a product of the Reagan-era Justice Department. Bush calls him “one of the most accomplished and respected judges in America.” He is a powerful anti-abortion advocate, and a staunch supporter of granting ever more power to the executive branch, especially at the expense of the legislative and judicial branches. During his time in the Reagan Justice Department, he worked on a project to “increase the power of the executive to shape the law.” In 2000 he called the “unitary executive theory” (see April 30, 1986) the “gospel according to the OLC,” the Justice Department’s Office of Legal Counsel, where he worked for four years, and said he was firmly committed to advancing that theory. [Savage, 2007, pp. 267-271]
Bland Facade at Hearings - Alito receives a unanimous “well qualified” assessment from the American Bar Association, and the Bush administration expects that his nomination will sail through the Senate confirmation hearings as quickly and painlessly as did Bush’s previous choice for the Court, John Roberts (see September 29, 2005). The hearings are more contentious than Bush would like, and former Nixon White House counsel John Dean will say in 2007 that Alito’s performance before the Judiciary Committee “only served to confirm that the entire process has become little more than a great charade.” Senator Edward Kennedy (D-MA), one of the longest-serving members of the committee, observes that the Bush administration believes—correctly—that it can nominate radical right-wing extremists to the Court virtually at will, “as long as their views were not well known,” and adds, “[T]he current White House [has] turned the effort to hide nominees’ views into an art form.” Like Roberts, Alito presents a bland, non-confrontational facade to the committee (see January 9-13, 2006), refusing to take a personal stance on any issue and giving the impression that, as Kennedy will say after Alito and Roberts begin their service on the Court, he would be “as neutral as a baseball umpire.… The men who promised to be neutral umpires look more and more like loyal members of the president’s team.” [Dean, 2007, pp. 155-157]
Party-Line Confirmation - After an attempt by Senators Kennedy and John Kerry (D-MA) to filibuster Alito’s confirmation fails, the Senate confirms Alito’s ascension to the Court by a near-party line 58-42 vote, the closest such vote since Clarence Thomas’s (see October 13, 1991). Senator Orrin Hatch (R-UT) condemns what he calls the “very bitter partisanship” over Alito’s nomination, and accuses Democrats of playing politics: “When you have a man who has the decency, the legal ability and the capacities that Judge Alito has treated this way, I think it’s despicable.” Alito, whose hardline conservative beliefs are sufficiently masked during the hearings, replaces the far more moderate O’Connor, who before her retirement made up the “moderate center” of the Court with Justices Anthony Kennedy and David Souter. Now Alito joins Thomas, Roberts, and Antonin Scalia to form a hard-right conservative bloc on the Court which, when joined by center-right conservative Kennedy, forms a nearly unshakable conservative majority. [CNN, 2/1/2006]
Overturning Roe? - Many believe that Alito gives the Court the fifth vote it needs to finally overturn the landmark abortion case Roe v. Wade (see January 22, 1973), a longtime goal of social conservatives that would go far to make abortions illegal in the US. [Slate, 10/31/2005]

Entity Tags: Orrin Hatch, Sandra Day O’Connor, Samuel Alito, John Dean, US Supreme Court, John G. Roberts, Jr, John Kerry, George W. Bush, Clarence Thomas, Anthony Kennedy, David Souter, Edward M. (“Ted”) Kennedy, Harriet E. Miers, Antonin Scalia

Timeline Tags: Civil Liberties

The Wall Street Journal’s Stephen Moore interviews reclusive billionaire Charles Koch, the head of the Koch Brothers oil empire. Among the items of interest in the interview is Koch’s admission that he, along with his brother David (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, and Late 2004), coordinates the funding of the conservative infrastructure of some of the most influential front groups, political campaigns, think tanks, media outlets, and other such efforts through a semiannual meeting with wealthy conservative donors. (Moore himself receives Koch funding for his work, according to a Think Progress report published four years later. In return, Moore is quite laudatory in the interview, writing that Koch is a “creative forward-thinking… professorial CEO” who “is immersed in the ideas of liberty and free markets.”) Koch tells Moore that his basic goal is to strengthen what he calls the “culture of prosperity” by eliminating “90 percent” of all laws and government regulations. Moore writes of the twice-yearly conference: “Mr. Koch’s latest crusade to spread the ideas of liberty has been his sponsorship of a twice-yearly conference that gathers together many of the most successful American entrepreneurs, from T. Boone Pickens to former Circuit City CEO Rick Sharp. The objective is to encourage these captains of industry to help fund free-market groups devoted to protecting the fragile infrastructure of liberty. That task seems especially critical given that so many of the global superrich, like George Soros and Warren Buffett, finance institutions that undermine the very system of capitalism that made their success possible (see January - November 2004). Isn’t this just the usual rich liberal guilt, I ask. ‘No,’ he says, ‘I think they simply haven’t been sufficiently exposed to the ideas of liberty.’” [Wall Street Journal, 5/6/2006; Think Progress, 10/20/2010]

Entity Tags: Think Progress (.org), Charles Koch, Wall Street Journal, David Koch, Stephen Moore

Timeline Tags: Civil Liberties

The Brennan Center for Justice at New York University’s School of Law issues an in-depth report entitled “The Truth about Voter Fraud.” The report is written and overseen by Justin Levitt, counsel for the Democracy Program at the Brennan Center. Levitt’s study analyzes reports over the last 10 years from around the nation, and finds that real instances of voter fraud are a vanishingly small number, usually less than a tenth or even a hundredth of a percent. Voter fraud of the sort that is usually alleged, he writes, is “more rare than death by lightning.… It is more likely that an individual will be struck by lightning than that he will impersonate another voter at the polls.”
'Voter Fraud' Usually Conflated with Other Kinds of Election Irregularities - Levitt continues: “‘[V]oter fraud’ occurs when individuals cast ballots despite knowing that they are ineligible to vote, in an attempt to defraud the election system. This sounds straightforward. And yet, voter fraud is often conflated, intentionally or unintentionally, with other forms of election misconduct or irregularities.”
Allegations Almost Always Exaggerated - Levitt writes that the allegations often stem from dramatic and unverified stories from bygone days, and those stories “make… a popular scapegoat” for other, non-criminal issues such as a vote not going the way someone wishes it had gone. “In the aftermath of a close election, losing candidates are often quick to blame voter fraud for the results,” Levitt writes. “Legislators cite voter fraud as justification for various new restrictions on the exercise of the franchise. And pundits trot out the same few anecdotes time and again as proof that a wave of fraud is imminent.” However, he finds: “Allegations of widespread voter fraud, however, often prove greatly exaggerated. It is easy to grab headlines with a lurid claim (‘Tens of thousands may be voting illegally!’); the follow-up—when any exists—is not usually deemed newsworthy. Yet on closer examination, many of the claims of voter fraud amount to a great deal of smoke without much fire. The allegations simply do not pan out.”
Allegations Used to Justify Restrictive Voter Requirements - The false allegations, he writes, have provided, and will continue to provide, justifications for restrictive policies such as heightened requirements for voter registration, voter identification requirements, enhanced demands for proof of residency, and others that actively restrict the ability of many legal voters to participate in the democratic process. [Levitt, 2007 pdf file; Brennan Center for Justice at New York University School of Law, 2012]

Entity Tags: Justin Levitt, Brennan Center for Justice

Timeline Tags: Civil Liberties

Newsweek’s Jonathan Darman reports that Citizens United (CU), a conservative lobbying and advocacy group headed by activist David Bossie, is producing an unflattering documentary on Senator Hillary Clinton (D-NY), the current frontrunner for the Democratic nomination for president in 2008. The title of the story highlights Clinton’s “likability gap,” but the story itself focuses on the “grudge” borne by Bossie and CU against Clinton and the presidency of her husband, Bill Clinton. The documentary is scheduled for release in theaters in the fall of 2007, Darman reports. One of its potential targets is a generation of young voters who know little about the Whitewater and Lewinsky scandals that dogged the Clinton administration. Bossie says, “There’s an enormous market for Hillary Clinton information.” R. Emmett Tyrell Jr., the editor of the American Spectator and the author of numerous books purporting to tell the truth behind the Clinton allegations, says there are “active research teams” working to expose Clinton. “They’re out there,” he says. “I get calls all the time.” Clinton’s campaign says the documentary is “old news” and “cash for rehash.” Darman notes: “For all the charges through the years, none has ever stuck. Arguably the most-investigated woman in contemporary American life moved from tabloid target in the White House to winning a Senate seat in one of the nation’s most contentious states. It’s her resilience and capacity to survive and thrive against all comers that partly fuels the haters’ fury.” However, some voters still harbor distrust and resentment towards Clinton, stemming in part from her reputation as “secretive, controlling, and paranoid,” as Darman characterizes her critics’ feelings towards her, as first lady. Her negative perception polling is remarkably high for a potential presidential candidate. Darman writes: “[T]he real problem many Democratic voters have with Clinton is the sneaking suspicion that with so much of the country against her, she can never win a general election. Clinton’s fate may well come down to her ability to deal with a vexing question: what is it about me that so many people don’t like?” Clinton is, Darman writes, “a comic-book villain for her detractors—a man-eating feminist, they claimed, who allegedly threw lamps at her husband, communed psychically with Eleanor Roosevelt, and lit a White House Christmas tree adorned with sex toys. The narrative of depravity—a tissue of inventions by conservatives—was often hard to follow. Was she, as they imagined her, a secret lesbian who fostered a West Wing culture of rampant homosexuality? Or was she the duplicitous adulteress who slept with former law partner Vincent Foster, ordered his death, and then made it look like a suicide? Disjointed as they may have been, Hillary horror tales soon became big business on talk radio.” But the attacks have not weakened her appreciably, and may have strengthened her as a candidate. [Newsweek, 6/17/2007] The liberal watchdog organization Media Matters notes that Darman fails to alert his readers to what it calls Bossie’s past “slimy tactics” (see May 1998). [Media Matters, 6/11/2007] The documentary will not be released until the summer of 2008 (see January 10-16, 2008), and will become the focus of a landmark Supreme Court decision regarding campaign finance (see January 21, 2010).

Entity Tags: Media Matters, Clinton administration, Citizens United, David Bossie, Jonathan Darman, R. Emmett Tyrell Jr, Hillary Clinton, Newsweek

Timeline Tags: Domestic Propaganda

The Supreme Court, ruling in the Wisconsin Right to Life v. Federal Election Commission case, finds that some political advertisements can be exempted from the “electioneering communications” provision of the McCain-Feingold campaign reform act (see March 27, 2002). The case stems from attempts by an anti-abortion advocacy group, Wisconsin Right to Life (WRTL), to run ads asking viewers to contact their senators and urge them to oppose filibusters of judicial nominees. WRTL tried to run its ads during the 30 and 60-day “blackout” periods before the upcoming 2004 elections, but because it accepted corporate contributions and was itself incorporated, the McCain-Feingold restrictions prevented the ads from running. WRTL argued that the ads were not targeting candidates, but were strictly issue-related (see Mid-2004 and After). The case was initially dismissed, but the Supreme Court reversed that decision and remanded the case back to the lower courts. The Federal Election Commission (FEC) argued that the ads were intended to influence US Senate elections in Wisconsin, and thusly should be regulated by McCain-Feingold. A district court disagreed, ruling against the FEC and finding that the ads were “protected speech” (see January 30, 1976), though it limited its findings solely to the WRTL ads and specified that its ruling was not to apply to other cases. The FEC appealed the case to the US Supreme Court, which in a 5-4 decision finds that the district court’s ruling is valid. Chief Justice John Roberts writes the majority opinion, which establishes broad exemptions for advertisements that could be “reasonably” interpreted as being about legislative issues and not directed on behalf of, or against, a particular candidate. As long as “issue ads” do not contain the “functional equivalent” of express advocacy for or against a candidate, the Roberts opinion holds, and the advertisements are legal. The ads involve “core political speech” that is protected by the First Amendment, Roberts finds: “We give the benefit of the doubt to speech, not censorship.” Justice David Souter writes the dissenting opinion. Justices Antonin Scalia and Clarence Thomas write a concurring opinion that joins them with Roberts and the other two conservative justices, but in their concurrence, they say they would overturn the McCain-Feingold law in its entirety. [Connecticut Network, 2006 pdf file; Los Angeles Times, 6/26/2007; FindLaw, 2011; National Public Radio, 2012; Oyez (.org), 7/1/2012] Roberts is careful in the language of his majority opinion, writing that “the First Amendment requires us to err on the side of protecting political speech rather than suppressing it.” He does not directly advocate for the overturning of the McCain-Feingold law, but referring to the 2003 McConnell decision that upheld the law (see December 10, 2003), he writes, “We have no occasion to revisit that determination today.” In 2012, reporter Jeffrey Toobin will write of Roberts’s use of the word “today,” “To those who know the language of the Court, the Chief Justice was all but announcing that five justices would soon declare the McCain-Feingold law unconstitutional.” [New Yorker, 5/21/2012] Toobin is referring to the 2010 Citizens United decision that will overturn most of the law (see January 21, 2010).

Entity Tags: John G. Roberts, Jr, Clarence Thomas, David Souter, Antonin Scalia, Federal Election Commission, Wisconsin Right to Life, US Supreme Court, Jeffrey Toobin

Timeline Tags: Civil Liberties

The sanctuary of Trinity United Churco of Christ.The sanctuary of Trinity United Churco of Christ. [Source: Chocolate City (.cc)]PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, investigates claims that Democratic senator Barack Obama (D-IL), a presidential candidate, belongs to “a racist, anti-American church.” The investigation concludes that Obama’s church, Trinity United Church of Christ in Chicago, “teaches black empowerment, not racism, and that it claims Africa as its ethnic heritage.” Anonymous emails “ricocheting around the Internet” claim that Obama should not be president because his church is “anti-American” and “scary,” and, somewhat contradictorily, that Obama is not a Christian, but a “covert Muslim” (see December 19, 2007 and January 11, 2008). The emails began within hours of Obama’s Democratic primary win in the Iowa caucuses. One email declares: “If you look at the first page of their Web site, you will learn that this congregation has a nonnegotiable commitment to Africa. No where [sic] is AMERICA even mention [sic]. Notice too, what color you need to be if you should want to join Obama’s church… B-L-A-C-K!!!” PolitiFact writes: “It’s the latest salvo in the email wars—anonymous missives launched into cyberspace seeking to frighten voters away from presidential candidates in the guise of friendly warnings. Typically they use kernels of truth, then launch into falsehood.” Chicago historian Martin Marty, a white religious expert who has attended Trinity United services in the past, says: “There’s no question this is a distortion.… Whites are highly accepted. They don’t make a fuss over you, but you’re very much welcomed.” PolitiFact finds that Trinity United is one of the larger black “megachurches” in the US, preaches a message of black self-reliance, and has as its motto, “Unashamedly Black and Unapologetically Christian.” The church does have a “nonnegotiable commitment to Africa.” However, it has no racial standards for its members, and does have white and other non-black members. Obama is a member who has attended regularly for years, though with the travails of recent presidential campaigning, his attendance has fallen off in recent weeks. The main focus of the email vitriol, aside from Obama, is Trinity’s senior pastor Jeremiah A. Wright Jr., who preaches passionately and focuses on what he calls “black liberation theology.” Obama has written in his memoir, The Audacity of Hope, that it was Wright’s preaching that inspired him to convert from a secular agnosticism to Christianity during the 1980s. He titled his memoir after one of Wright’s sermons. PolitiFact finds, “Trinity’s commitment to Africa appears to be more a statement of philosophical orientation than of political support for any particular African country,” and notes that the church’s Web site states, “Just as those of Jewish heritage advocate on behalf of the state of Israel, and those of Irish heritage advocate on behalf of Ireland, and those of Polish descent for Poland, so must we of African descent care about the land of our heritage—the continent of Africa.” Divinity professor Dwight Hopkins, an African-American member of Trinity, describes the church as “highly evangelical and Bible-based.” The preaching, he says, tends to be “common-sense folk wisdom laced with theological sophistication.… There’s singing and shouting and people get happy. It’s an old-fashioned, mainstream down-home church that somehow is captured in this 8,000-person congregation.” John C. Green, a political science professor, says scholars do not view black liberation theology as racist, but some outsiders may hold that opinion. “A black empowerment theology could be seen as having a racist element because it isn’t neutral in regards to race,” he says. “The person who wrote this email obviously has very strong feelings about this.” In February 2007, Obama said of his church and his faith: “Commitment to God, black community, commitment to the black family, the black work ethic, self-discipline, and self-respect. Those are values that the conservative movement in particular has suggested are necessary for black advancement. So I would be puzzled that they would object or quibble with the bulk of a document that basically espouses profoundly conservative values of self-reliance and self-help.” In recent weeks, Obama has distanced himself somewhat from Wright and Trinity, because, his campaign says, he wishes to avoid bringing an overwhelming influx of media attention onto the church. The campaign said in a statement, “[B]ecause of the type of attention it was receiving on blogs and conservative talk shows, he decided to avoid having statements and beliefs being used out of context and forcing the entire church to defend itself.” Fox News talk show host Sean Hannity has called Trinity’s teachings “divisive,” and engaged in what PolitiFact calls “a spirited debate” with Wright on one of his broadcasts. Conservative ethicist Michael Cromartie agrees with Hannity, saying: “It’s too strong to call it racist but at the same time, it is a form of identity politics or identity theology, which insists you white people can come to this church, but you won’t get it.” Trinity has stated: “There is no anti-American sentiment in the theology or the practice of Trinity United Church of Christ. To be sure, there is prophetic preaching against oppression, racism, and other evils that would deny the American ideal.” Green is reminded of the 1960 presidential election, when many opponents of candidate John F. Kennedy attacked Kennedy for being Catholic. “But we didn’t have the Internet back then,” he says. “This kind of communication has always gone on, but it moves much faster now.” [St. Petersburg Times, 1/6/2008; St. Petersburg Times, 1/6/2008; St. Petersburg Times, 1/11/2008]

Entity Tags: Trinity United Church of Christ, Michael Cromartie, PolitiFact (.org ), Barack Obama, Sean Hannity, Dwight Hopkins, John C. Green, Jeremiah A. Wright Jr, Martin Marty

Timeline Tags: Domestic Propaganda

A poster promoting ‘Hillary: The Movie.’A poster promoting ‘Hillary: The Movie.’ [Source: New York Times]The conservative lobbying group Citizens United (CU—see May 1998 and (May 11, 2004)) releases a film entitled Hillary: The Movie. The film is a lengthy diatribe attacking the character and career of Senator Hillary Clinton (D-NY), a leading candidate for the Democratic presidential nomination. Large portions of the film are comprised of conservative critics launching attacks against the personalities and character of Clinton and her husband, former President Clinton. CU president David Bossie (see May 1998) says he based his film on a documentary, Fahrenheit 9/11, released in 2004 by liberal filmmaker Michael Moore (see August 6, 2004), and calls it “a rigorously researched critical biography” comparable to the material presented on political talk shows such as Meet the Press. [Washington Post, 3/15/2009; Moneyocracy, 2/2012] Bossie intended for the film to be released in late 2007 and impact the 2008 race in the same way that he believes Fahrenheit 9/11 impacted the 2004 race. A cable company made the film, at a cost of $1.2 million, available for free to viewers on “video on demand.” Bossie also scheduled a small theater run for the film, but his primary focus was always cable television and the accompanying television advertisements. Knowing the film will probably run afoul of campaign law, he hired lawyers, first James Bopp Jr. (a former member of the far-right Young Americans for Freedom—YAF—and the former general counsel for the National Right to Life Committee—see November 1980 and After) [New Yorker, 5/21/2012] and later Theodore B. Olson, the former solicitor general under the Bush administration. Olson will later say the film is “a critical biographical assessment” that provides “historical information about the candidate and, perhaps, some measure of entertainment as well.” The New York Times calls it “a scathingly hostile look at Mrs. Clinton” replete with “ripe voice-overs, shadowy re-enactments, and spooky mood music.” The film also contains interviews and material from mainstream media reporters, and interviews with figures such as former CIA agent Gary Aldrich, who wrote a “tell-all” book about the Clinton administration, and with Kathleen Willey, who has claimed that Bill Clinton once made an unwelcome sexual advance towards her. Reviewer Megan Carpentier of Radar Online will trounce the movie, saying that it “scrolls through more than a decade of press clippings and a treasure trove of unflattering pictures in its one-sided romp” and will advise potential viewers to watch it “while inebriated in the manner of your choosing, and only if you don’t pay $10 for the privilege.” [New York Times, 3/5/2009] Bossie claims the movie has nothing to do with the impending primary elections. CU intends to show the movie in a small number of theaters but primarily on “video on demand” cable broadcasts, with accompanying television advertisements. In return for a $1.2 million fee, a cable television consortium has agreed to make the movie freely available to its customers as part of what CU calls its “Election ‘08” series. (CU has another negative documentary on Clinton’s Democratic challenger Barack Obama in the works—see October 28-30, 2008—but apparently has no plans to air any documentaries on Republican candidate John McCain or any other Republican presidential candidates.) However, the Federal Election Commission (FEC) refuses to allow the film to be aired on cable channels, or advertised for theater release, because the FEC considers the film “electioneering” and thus subject to campaign finance law (see March 27, 2002) restrictions. Moreover, the film and its planned distribution are funded by corporate donations. [United States District Court for the District Of Columbia, 1/15/2008; Richard Hasen, 1/15/2008; New Yorker, 5/21/2012] Bossie claims the film takes no position on Clinton’s candidacy, and says that if he had to vote between Hillary Clinton and Barack Obama, he would vote for Clinton. [New York Times, 3/5/2009]
Court Fight - Bopp, CU’s original lawyer, decides to pursue the same general aggressive course that he took in a recent successful Supreme Court campaign finance case, the Wisconsin Right to Life (WRTL) decision (see Mid-2004 and After). The Hillary film was envisioned from the outset to serve multiple purposes: to advance conservative ideology, damage Clinton’s presidential chances (despite Bossie’s claims), and generate profits. Bopp knows that the FEC would likely classify the film as a political advertisement and not a work of journalism or entertainment (see August 6, 2004), and therefore would fall under campaign law restrictions. Before the film is officially released, Bopp takes the film to the FEC for a ruling, and when the FEC, as expected, rules the film to be “electioneering communication” that comes under campaign law restrictions, Bopp files a lawsuit with the Washington, DC, federal district court. The court rules in favor of the FEC judgment, denying CU its request for a preliminary injunction against the FEC’s ruling. The court specifically finds that the WRTL decision does not apply in this case. “[I]f the speech cannot be interpreted as anything other than an appeal to vote for or against a candidate, it will not be considered genuine issue speech even if it does not expressly advocate the candidate’s election or defeat,” the court states. The court also questions CU’s statement that the film “does not focus on legislative issues.… The movie references the election and Senator Clinton’s candidacy, and it takes a position on her character, qualifications, and fitness for office.” Film commentator Dick Morris has said of the film that it will “give people the flavor and an understanding of why she should not be president.” The court rules, “The movie is susceptible of no other interpretation than to inform the electorate that Senator Clinton is unfit for office, that the United States would be a dangerous place in a President Hillary Clinton world, and that viewers should vote against her.” (During arguments, Bopp says that the film is much like what a viewer would see on CBS’s evening news show 60 Minutes, and Judge Royce Lamberth laughs aloud, saying: “You can’t compare this to 60 Minutes. Did you read this transcript?” Other judges find it problematic that one of the film’s central “issues” is its assertion that Clinton is, in Bopp’s words, “a European socialist,” but still claims not to be overtly partisan.) [Mother Jones, 1/13/2008; United States District Court for the District Of Columbia, 1/15/2008; Richard Hasen, 1/15/2008; New Yorker, 5/21/2012]
Supreme Court Appeal - CU appeals the court’s decision directly to the Supreme Court. Bossie soon decides to replace Bopp with Olson, a far more prominent figure in conservative legal circles. Toobin will write: “Ted Olson had argued and won Bush v. Gore (see 9:54 p.m. December 12, 2000), and was rewarded by President Bush with an appointment as solicitor general. Olson had argued before the Supreme Court dozens of times, and he had a great deal of credibility with the justices. He knew how to win.” [Richard Hasen, 1/15/2008; New Yorker, 5/21/2012]
Previous Attempt - In September 2004, Bossie and CU attempted, without success, to release a similar “documentary” supporting President Bush and attacking Democratic presidential candidate John Kerry (D-MA) on television, just weeks before the presidential election. The FEC turned down the group’s request. The FEC did allow the film to be shown in theaters (see September 8, 2004 and September 27-30, 2004).
'Ten-Year Plan' - Bopp will later reveal that the lawsuit is part of what he will call a “10-year plan” to push the boundaries of campaign finance law, and that he urged Bossie and other CU officials to use the documentary as a “test case” for overturning the body of law (see January 25, 2010).

Entity Tags: William Jefferson (“Bill”) Clinton, Kathleen Willey, Megan Carpentier, Theodore (“Ted”) Olson, New York Times, Michael Moore, John McCain, Royce Lamberth, James Bopp, Jr, Dick Morris, Gary Aldrich, Barack Obama, Bush administration (43), Hillary Clinton, Citizens United, David Bossie, Federal Election Commission, Clinton administration

Timeline Tags: Civil Liberties, 2008 Elections

At least one supporter of far-right libertarian Representative Ron Paul (R-TX) argues that a recently published article in the New Republic that exposed the overtly racist and conspiratorial content in Paul’s newsletters (see 1978-1996) was the result of a conspiracy by “beltway libertarians” from the Cato Institute to discredit Paul. According to Thomas DiLorenzo, the Koch family (see 1979-1980), who provide much of the funding for the Cato Institute (see 1977-Present and 1981-2010), is behind the conspiracy. “Proof” of this conspiracy, according to DiLorenzo, is that James Kirchick, the author of the article, has said he found many of the newsletters in the University of Kansas library; Charles Koch “is a major patron” of that university. DiLorenzo asks, “How on earth would a kid just out of college know to go to a library in Kansas, of all places, to dig up such stuff?” DiLorenzo goes on to say that he “recognized a paragraph [in Kirchick’s article] that was identical to one written on several occassions by one of the especially hate-filled Beltway losers who works at a DC ‘think tank’ on his spleen-venting personal blog. Either he wrote it or coached the author.” Author David Bernstein, who notes that the Cato Institute is preparing to publish a book of his, speculates that Kirchick may have used an Internet database called Wordcat to find the Paul newsletters, and writes, “Even ‘kids just out of college’ often know how to use the Internet, I believe.” And Kirchick calls DiLorenzo’s conspiracy theorizing “comically credulous.” [New Republic, 1/8/2008; Thomas DiLorenzo, 1/12/2008; David Bernstein, 1/12/2008; New Republic, 1/15/2008] DiLorenzo publishes his theory on the blog of former Paul chief of staff Lew Rockwell, who runs the Ludwig von Mises Institute, a libertarian think tank in Alabama closely allied with Paul. [Thomas DiLorenzo, 1/12/2008] A week after the publication of the first New Republic article, Paul will deny having virtually any involvement with his newsletters (see January 16, 2008).

Entity Tags: Ron Paul, James Kirchick, David Bernstein, Charles Koch, Cato Institute, Lew Rockwell, Ludwig von Mises Institute, Thomas DiLorenzo, The New Republic

Timeline Tags: Domestic Propaganda, 2008 Elections

Republican political strategist Dick Morris falsely claims that “Clinton appointees” on the Federal Election Commission (FEC) are preventing the advocacy group Citizens United (CU) from airing its new documentary, Hillary: The Movie (see January 10-16, 2008). However, the head of CU, David Bossie (see May 1998), says that the organization can indeed show the documentary. Morris, appearing as a guest on Fox News’s Hannity and Colmes, tells co-host Alan Colmes that the FEC “won’t let us run” the film “in movie theaters.” He explains, “The Clinton appointees [on the FEC] are blocking it.” However, Bossie tells a Washington Times reporter, “I can put it in theaters, I just can’t let anybody know it’s there.” The FEC requires CU to comply with disclosure requirements under campaign finance law if it wishes to advertise the movie, a requirement the organization is unwilling to meet. (The day after Morris’s appearance, a court rules that CU must disclose its donors in order to advertise the film—see January 15, 2008.) Morris was originally a producer of the film before stepping away from the project, but has said that he appears in the film as a commentator. [Media Matters, 1/16/2008] CU will release the film in theaters the next day (see January 10-16, 2008).

Entity Tags: Federal Election Commission, Alan Colmes, Citizens United, Washington Times, David Bossie, Dick Morris

Timeline Tags: Civil Liberties, 2008 Elections

A three-judge panel rules that the conservative advocacy group Citizens United (CU) must agree to reveal the identities of the donors that made its documentary on presidential candidate Hillary Clinton possible, if it intends to advertise the film. The film, entitled Hillary: The Movie, is considered by the Federal Election Commission (FEC) to be “electioneering,” or the communication of partisan political views, as opposed to a more objective documentary as CU claims. CU challenged the FEC in court in a December 2007 filing, claiming that “issue-oriented television ads are protected by the First Amendment and should not be subject to disclosure requirements under McCain-Feingold campaign finance law,” referring to the Bipartisan Campaign Reform Act of 2002 (BCRA—see March 27, 2002). Under the BCRA, partisan political communications such as the CU film are subject to blackout periods in a specific period before elections. The Supreme Court ruled that so-called “issue ads” can be run by partisan political groups such as CU (see Mid-2004 and After), but the FEC has ruled that such “issue ads” must include disclaimers, and the producers of the ads must file reports that name the ads’ contributors. CU is challenging such disclosure requirements, saying that advertisements for the Clinton film are commercial in nature and not political, and therefore protected under the First Amendment from being forced to disclose donor information. The court rules otherwise. [United States District Court for the District Of Columbia, 1/15/2008 pdf file; Washington Times, 1/16/2008; Media Matters, 1/16/2008]

Entity Tags: Hillary Clinton, Bipartisan Campaign Reform Act of 2002, Citizens United, Federal Election Commission, US Supreme Court

Timeline Tags: Civil Liberties, 2008 Elections

The Supreme Court dismisses an appeal by the political advocacy group Citizens United (CU) that argued the group’s First Amendment rights had been violated by the Federal Election Commission (FEC). The Court had agreed to hear CU’s case that it should be allowed to broadcast a partisan political documentary about Democratic presidential candidate Hillary Clinton, Hillary: The Movie, on cable television networks in the days before critical primary elections (see January 10-16, 2008). The Court did not rule on the merits of the case, but instead ruled that CU should have filed its case first with the federal appeals court in Washington. The ruling does not dismiss the case entirely, but makes it unlikely that the Court will rule on the campaign law issues surrounding the case (see March 27, 2002) before the November 2008 elections. Lawyer James Bopp, representing CU, says, “It is our intention to get the case expeditiously resolved on the merits in the district court, and then if we are unsuccessful there, to appeal” again to the Court. Bopp accuses Justice Department lawyers of trying to slow down the case to prevent it being resolved before the election. CU also wants to release a similar documentary about the other leading Democratic presidential contender, Barack Obama (D-IL—see October 28-30, 2008), in a similar fashion to its planned widespread release of the Clinton film. Justice Stephen Breyer, one of the Court’s more liberal members, says in the order dismissing the appeal that had the case been taken up, he would have affirmed the previous decision in favor of the FEC. None of the other justices made any public statement about the case. The case will be heard by the Washington, DC, federal appeals court. [Christian Science Monitor, 3/24/2008] The appeals court will find against CU, and the organization will reapply to the Court for a hearing, an application which will be granted (see March 15, 2009).

Entity Tags: James Bopp, Jr, Barack Obama, Citizens United, Federal Election Commission, Hillary Clinton, US Department of Justice, US Supreme Court, Stephen Breyer

Timeline Tags: Civil Liberties

In response to a Supreme Court decision allowing states to require photo ID for voting, Fox News states as fact the theory that photo ID requirements would have prevented a case of voter registration fraud in Washington State, in which seven ACORN workers were convicted. Fox News writes, “But if photo ID requirements had been the law in Washington State, the voter fraud scandal involving ACORN in 2006 would never have happened.” [Fox News, 5/2/2008] The report continues: “According to Washington Secretary of State Sam Reed, the incident ‘was the worst case of election fraud in our state’s history. It was an outrage’.” Reed is both misquoted and quoted out of context. He was not referring to photo ID. The Seattle Times version of the same quote reads: “‘Ladies and gentlemen, this is the worst case of voter-registration fraud in the history of the state of Washington. There has been nothing comparable to this,’ state Secretary of State Sam Reed said at a news conference.” [Seattle Times, 7/6/2007; Fox News, 5/2/2008]

Entity Tags: Association of Community Organizations for Reform Now, US Supreme Court, Fox News, Sam Reed

Timeline Tags: Civil Liberties, 2008 Elections

’AngryRenter.com’ logo.’AngryRenter.com’ logo. [Source: AngryRenter (.com)]The Wall Street Journal learns that a supposedly amateur-based, citizen-driven protest Web site is actually a product of a professional public relations and lobbying organization, FreedomWorks (see April 14, 2009). The site, AngryRenter.com, is designed to look like something an “ordinary citizen” would produce. Michael Phillips of the Journal writes, “AngryRenter.com looks a bit like a digital ransom note, with irregular fonts, exclamation points, and big red arrows—all emphasizing prudent renters’ outrage over a proposed government bailout for irresponsible homeowners.” The site’s home page proclaims, “It seems like America’s renters may NEVER be able to afford a home,” and exhorts visitors to sign an online petition directed at Congressional Democrats. (The petition, with some 44,500 signatures, was delivered to Senate leaders earlier in the week.) “We are millions of renters standing up for our rights!” the site proclaims.
'Astroturf' - However, it is designed and hosted by FreedomWorks, which the Journal describes as “an inside-the-Beltway conservative advocacy organization led by Dick Armey, the former House majority leader, and publishing magnate Steve Forbes, a fellow Republican. [Forbes is an unpaid board member.]… [AngryRenter.com is] a fake grass-roots effort—what politicos call an astroturf campaign—that provides a window into the sleight-of-hand ways of Washington.” FreedomWorks opposes the proposed government bailout of the housing industry, and says it plans to oppose any further bailouts. AngryRenter.com is copyrighted by FreedomWorks, which discloses its ownership of the site on a page deeper into the site. However, Phillips writes, “The site is nonetheless designed to look underdoggy and grass-rootsy, with a heavy dose of aw-shucks innocence.” The site says: “Unfortunately, renters aren’t as good at politics as the small minority of homeowners (and their bankers) who are in trouble. We don’t have lobbyists in Washington, DC. We don’t get a tax deduction for our rent, and we don’t get sweetheart government loans.” Most visitors to the site have no idea that lobbyists for FreedomWorks actually wrote that copy, nor that FreedomWorks garnered $10.5 million in lobbying fees in 2006, most of which came from large donors the organization is not obligated to disclose.
FreedomWorks Operated by Millionaires - FreedomWorks president Matthew Kibbe says the site is an attempt to “reach out” to disgruntled renters who share the free-market views of Armey, Forbes, and others. Kibbe calls himself “an angry homeowner who pays his mortgage.” He lives on Capitol Hill in DC, in a home valued at $1.17 million. Forbes lives in a home in New Jersey worth $2.78 million, and owns, among other properties, a chateau in France. (The Forbes family recently sold its private island in Fiji and its palace in Morocco.) Armey earns over $500,000 a year working for FreedomWorks, and lives in a Texas home valued at $1.7 million. Representative Barney Frank (D-MA) says he finds it amusing that Armey is portraying himself as a champion of ordinary renters. “I worked a long time trying to improve the condition of renters,” he says. “Dick Armey has usually been on the other side.”
Looking Out for the 'Poor Devil' Who Can't Afford to Buy a Home - Armey says he’s looking out for “the poor devil” who can’t afford to buy a house. “From our point of view, we have an industry in which people were very careless, very reckless—both lenders and borrowers. What various policy makers are saying is we need to rush in here with a program to protect people from the consequences of their own bad judgment.”
Deliberately Misleading? - Armey defends AngryRenter.com’s deliberately amateurish appearance, and calls it “voluntary” for civic participation. San Diego financial adviser Rich Toscano, who rents his home, thought the site was an amateur venture similar to his own blog, Professor Piggington’s Econo-Almanac for the Landed Poor, which chronicles foreclosures and other financial misfortunes suffered by real-estate brokers whom Toscano says helped inflate the area’s real-estate bubble. AngryRenter.com appeared to Toscano as genuinely citizen-produced: “It looks like a young person did it,” he says. He still supports the site even after learning that it is a production of a DC lobbying firm, saying the message is more important than the identity of the bailout. Web designer Chris Kinnan, a FreedomWorks employee, actually designed the site. Of himself, he says: “I’m a renter. I’m not an angry renter.” [Wall Street Journal, 5/16/2008]

Entity Tags: Michael Phillips, Chris Kinnan, Barney Frank, AngryRenter (.com), Dick Armey, Matt Kibbe, Wall Street Journal, FreedomWorks, Rich Toscano, Steve Forbes

Timeline Tags: Domestic Propaganda

The Supreme Court finds in the case of Davis v. Federal Election Commission that part of the McCain-Feingold campaign finance reform act (see March 27, 2002) is unconstitutional. Jack Davis (D-NY), a millionaire who has run repeatedly and unsuccessfully as a candidate of both parties to represent New York’s 26th District in the US House of Representatives, has complained in a lawsuit that the so-called “millionaire’s amendment” is unconstitutional. Davis wants to be able to pour his money into the race without his opponents being able to spend more money to counter his donations, as the law enables them to do. The lower courts found against Davis, and under McCain-Feingold the case was expedited directly to the Supreme Court. The Court finds 5-4 in favor of Davis, ruling that the contribution limits unduly restrict Davis’s freedom of speech. Justice Samuel Alito writes the majority opinion, joined by his fellow Court conservatives. Justice John Paul Stevens writes the dissent for the four Court liberals, though Stevens and the others do agree with some aspects of Alito’s majority opinion. Alito’s decision flows directly from an earlier Court precedent (see January 30, 1976). [Oyez (.org), 2011; Moneyocracy, 2/2012]

Entity Tags: John (“Jack”) Davis, Federal Election Commission, Samuel Alito, US Supreme Court, John Paul Stevens

Timeline Tags: Civil Liberties

Cover of ‘The Obama Nation’Cover of ‘The Obama Nation’ [Source: Threshold / FactCheck (.org)]Dr. Jerome Corsi, a conservative author and blogger who was deeply involved in the 2004 Swift Boat Veterans for Truth campaign to besmirch presidential candidate John Kerry (D-MA), publishes a book, The Obama Nation: Leftist Politics and the Cult of Personality. The title is a play on the word ‘abomination.’ In his book, Corsi, who writes for the conservative Web site WorldNetDaily and blogs at the extremist Free Republic, attacks Democratic presidential candidate Barack Obama in a fashion similar to that used against Kerry—combining fact, hyperbole, speculation, and outright falsehoods in an attempt to demean and disparage Obama’s character and professional career. The publisher, Threshold (a division of Simon and Schuster devoted to publishing conservative political works), calls the book “[s]crupolously sourced” and “[m]eticulously researched and documented…” Among other allegations, Corsi accuses Obama of growing up under the influence of Communist, socialist, and radical Islamic mentors; of deep and secretive affiliations with ‘60s radicals William Ayers and Bernadette Dohrn; of espousing what he calls “black liberation theology” through his former pastor, Reverend Jeremiah Wright; connections to socialists and radical Islamists in Kenya, his father’s home country; deep and criminal ties to Chicago real-estate mogul Tony Rezko; and an intent to, if elected president, implement what Corsi calls “far-left” domestic and foreign policies. [Simon and Schuster, 8/1/2008; New York Times, 8/12/2008; St. Petersburg Times, 8/20/2008] The book debuts as number one on the New York Times bestseller list, propelled by large bulk sales (large buys by particular organizations designed to artificially elevate sales figures) and an intensive marketing campaign carried out on conservative talk radio shows. “The goal is to defeat Obama,” Corsi says. “I don’t want Obama to be in office.” [New York Times, 8/12/2008]
Allegations Roundly Debunked - Unfortunately for Corsi, his allegations do not stand up to scrutiny. FactCheck.org, a non-partisan “‘consumer advocate’ for voters” site run by the University of Pennsylvania’s Annenberg Public Policy Center, finds that Corsi’s book “is a mishmash of unsupported conjecture, half-truths, logical fallacies and outright falsehoods.” It “is not a reliable source of facts about Obama.” FactCheck notes: “Corsi cites opinion columns and unsourced, anonymous blogs as if they were evidence of factual claims. Where he does cite legitimate news sources, he frequently distorts the facts. In some cases, Corsi simply ignores readily accessible information when it conflicts with his arguments.” The organization notes that Threshold’s chief editor, Republican operative Mary Matalin, said the book was not political, but rather “a piece of scholarship, and a good one at that.” FactCheck responds: “The prominent display of Corsi’s academic title (he holds a Ph.D. in political science) seems clearly calculated to convey academic rigor. But as a scholarly work, The Obama Nation does not measure up. We judge it to be what a hack journalist might call a ‘paste-up job,’ gluing together snippets from here and there without much regard for their truthfulness or accuracy.” [FactCheck (.org), 2008; FactCheck (.org), 9/15/2008] The St. Petersburg Times’s PolitiFact finds, “Taken as a whole, the book’s primary argument is that Obama is a likely communist sympathizer with ties to Islam who has skillfully hidden his true agenda as he ruthlessly pursues elected office,” an argument that the organization concludes is wholly unsupported by Corsi’s arguments and sources. [St. Petersburg Times, 8/1/2008] And an Associated Press article finds the book a “collect[ion of] false rumors and distortions [designed] to portray Obama as a sort of secret radical who can’t be trusted.” [Associated Press, 8/16/2008]
Unreliable Sources - As reported by progressive media watchdog site Media Matters, Corsi’s sources are often unreliable: for example, his allegation that Obama’s father divorced his mother according to “Islamic sharia law” is based on a single and unverifiable post made by an anonymous blogger. [Media Matters, 8/4/2008] FactCheck notes that although Corsi points to his over 600 endnotes as proof of his “rigorous” sourcing, many of those endnotes refer to obscure, unverifiable Internet postings, blog posts, and opinion columns. Four of Corsi’s sources refer to his own work. “Where Corsi does cite news sources,” the site says, “he sometimes presents only those that are consistent with his case while ignoring evidence that doesn’t fit the picture he paints.” [FactCheck (.org), 9/15/2008]
Demonstrably False Claims - Some of Corsi’s claims are completely false: his statement that Obama did not dedicate his 2004 memoir, Dreams from My Father, to his parents or grandparents is easily debunked merely by reading the book’s introduction, in which Obama wrote, “It is to my family, though—my mother, my grandparents, my siblings, stretched across oceans and continents—that I owe the deepest gratitude and to whom I dedicated this book.” [Media Matters, 8/4/2008; St. Petersburg Times, 8/20/2008] Corsi also claims, falsely, that Obama holds dual citizenship in the US and Kenya, though the Kenyan Constitution specifically prohibits dual citizenship. [FactCheck (.org), 9/15/2008] Corsi goes on to claim that Obama has long rejected his white family members from his mother’s side, including his grandparents in Hawaii who raised him for much of his childhood. This is part of Corsi’s argument about Obama’s secret embrace of the so-called “radical black rage” teachings of American activist Malcolm X. According to Corsi’s reading of Obama’s memoir: “His race, he self-determines, is African-American. In making that determination, he rejects everyone white, including his mother and his grandparents. We do not have to speculate about this. Obama tells this to us outright; his words are direct, defying us to miss his meaning.” But PolitiFact calls this “a significant misreading of Obama’s memoir,” and notes that Corsi ignores a large amount of evidence that points to Obama’s continued close relationship with his white family members throughout his life. PolitiFact concludes, “To conclude that Obama rejects everyone white, including his mother and his grandparents, Corsi has to significantly read against the memoir’s stated meaning. We find factual evidence also contradicts this statement, indicating that Obama maintained lifelong relations with his white relatives.” [St. Petersburg Times, 8/1/2008]
Insinuations and Leading Questions - Many of Corsi’s allegations are based on little more than questions and insinuations: for example, Corsi insinuates that Obama may not have stopped using marijuana and cocaine, as he admitted to doing during his high school years. Corsi writes: “Still, Obama has yet to answer questions whether he ever dealt drugs, or if he stopped using marijuana and cocaine completely in college, or whether his drug usage extended into his law school days or beyond. Did Obama ever use drugs in his days as a community organizer in Chicago, or when he was a state senator from Illinois? How about in the US Senate? If Obama quit using drugs, the public inquiry certain to occur in a general election campaign for the presidency will most certainly aim at the when, how and why…?” According to Media Matters, Obama wrote in his book Dreams from My Father that he stopped using drugs shortly after beginning college. [Media Matters, 8/4/2008] FactCheck notes: “Corsi… slyly insinuates—without offering any evidence—that Obama might have ‘dealt drugs’ in addition to using them. And he falsely claims that Obama has ‘yet to answer’ whether he continued using drugs during his law school days or afterward.… In fact, Obama has answered that question twice, including once in the autobiography that Corsi reviews in his book.”
Guilt by Association - Corsi alleges that Obama has links to Kenyan presidential candidate Raila Odinga, and claims that Obama is somehow linked to the violence surrounding the 2007 Kenyan presidential election. He bases his claim on a single visit by Obama and his wife, Michelle, to Kenya, where they publicly took AIDS tests to demonstrate the tests’ safety. In the testing process, Obama spoke briefly to the crowd. Odinga was on stage while Obama spoke. Corsi construes the speech as an Obama endorsement of Odinga, and, as FactCheck writes, “[h]e goes on to attribute all the violence in Kenya to an elaborate Odinga plot.” Corsi ignores the fact that during that trip, Obama also met with the other Kenyan presidential candidate, Mwai Kibaki, and with opposition leader Uhuru Kenyatta. Human Rights Watch blamed the violence following the election on both Odinga and Kibaki and their followers. FactCheck notes that Corsi uses the logical fallacy of “guilt by association” to fill Chapters 3 through 7. [FactCheck (.org), 9/15/2008]
Misquoting Other Sources - Media Matters finds that Corsi sometimes misquotes and rewrites source material, as when he attributed a claim concerning Obama’s supposedly untoward business relationship with Rezko to articles in the Chicago Sun-Times, the Boston Globe, and Salon (.com) that made none of the claims Corsi attributes to them. Corsi also misquoted the conservative Web site NewsMax when he used one of its articles to falsely claim that Obama had been present at Chicago’s Trinity United Church during Reverend Wright’s denunciation of America’s “white arrogance.” (Obama was actually in Miami during Wright’s sermon.) [Media Matters, 8/4/2008] Corsi uses a man he calls one of Obama’s “closest” childhood friends, Indonesian Zulfan Adi, to back his assertion that Obama was once a practicing Muslim. However, Corsi does not report that Adi later retracted his claims about Obama’s religious practices, and admitted to knowing Obama for only a few months. Corsi also ignores a Chicago Tribune story that contains interviews with “dozens of former classmates, teachers, neighbors and friends [who] show that Obama was not a regular practicing Muslim when he was in Indonesia,” and other media reports that have conclusively proven Obama was never a Muslim (see January 22-24, 2008).
Ignoring the Obvious - Corsi repeatedly claims that Obama is a master speaker who bedazzles crowds with soaring flights of rhetoric, but never actually gives any specifics of what he intends to do as president. He writes: “At the end of every rhetorically uplifting speech Obama gives about the future of hope, millions of listeners are still left pondering, ‘Now what exactly did he say?’ If the politician is the message, as [campaign manager David] Axelrod and Obama have proclaimed, they can’t forever avoid telling us what precisely that message is.” But FactCheck notes that “Obama’s Web site is packed with details of what he proposes to do if elected. He lays out descriptions of his policy proposals, including tax cuts for most families and increases for those making more than $250,000 per year; a $150 billion, 10-year program to develop alternative energy sources and more efficient vehicles; a proposal to increase the size of the Army by 65,000 troops and another to create a public health insurance plan for those whose employers don’t offer health coverage. Whether or not one agrees with them, Obama has indeed presented detailed plans for dozens of policies. It’s hard to see how anyone writing a book on Obama could fail to acknowledge their existence.”
Conspiracy Theorist, 'Bigot,' and Veteran Liar - FactCheck notes: “Corsi is a renowned conspiracy theorist who says that [President] George Bush is attempting to create a North American Union… and that there is evidence that the World Trade Center may have collapsed [after the 9/11 attacks] because it was seeded with explosives. More recently, Corsi claimed that Obama released a fake birth certificate. We’ve debunked that twice now. [M]any of the themes in The Obama Nation are reworked versions of bogus chain e-mail smears.” [FactCheck (.org), 9/15/2008] In August 2004, Media Matters found that Corsi routinely embraced both extremist opinions and personal invective. Corsi called Islam “a worthless, dangerous Satanic religion.” Of Catholicism, he wrote, “Boy buggering in both Islam and Catholicism is okay with the Pope as long as it isn’t reported by the liberal press.” Of Muslims themselves, he wrote, “RAGHEADS are Boy-Bumpers as clearly as they are Women-Haters—it all goes together.” And of Senator Hillary Clinton (D-NY), he wrote: “Anybody ask why HELLary couldn’t keep BJ Bill [former President Clinton] satisfied? Not lesbo or anything, is she?” [Media Matters, 8/6/2004] (Corsi posted these comments on the Free Republic under the moniker “jrlc,” and identified himself as “jrlc” on March 19, 2004.) [Free Republic, 3/18/2004; Jerome Corsi, 8/7/2004] An Obama campaign spokesman calls Corsi “a discredited, fringe bigot.” [Associated Press, 8/16/2008] FactCheck concludes, “In Corsi’s case, we judge that both his reputation and his latest book fall short when measured by the standards of good scholarship, or even of mediocre journalism.” [FactCheck (.org), 9/15/2008] PolitiFact concludes: “A reader might think that because the book is printed by a mainstream publishing house it is well-researched and credible. On the contrary—we find The Obama Nation to be an unreliable document for factual information about Barack Obama.” [St. Petersburg Times, 8/20/2008]

Entity Tags: Mwai Kibaki, NewsMax, Salon (.com), Raila Odinga, Simon and Schuster, Trinity United Church of Christ, Tony Rezko, Michelle Obama, St. Petersburg Times, Zulfan Adi, Uhuru Kenyatta, William Ayers, Media Matters, Hillary Clinton, Malcolm X, Boston Globe, Bernadette Dohrn, Barack Obama, Associated Press, Annenberg Public Policy Center, Chicago Sun-Times, Mary Matalin, Chicago Tribune, FactCheck (.org), John Kerry, Jerome Corsi, David Axelrod, Jeremiah A. Wright Jr, Free Republic, WorldNetDaily, George W. Bush

Timeline Tags: Domestic Propaganda, 2008 Elections

Ron Paul (R-TX), a US representative and candidate for the Republican nomination for president, gives the keynote address to the John Birch Society (JBS—see March 10, 1961 and December 2011)‘s 50th Anniversary Celebration. [New American, 10/8/2008] The JBS is, according to the Southern Poverty Law Center, a prominent right-wing extremist group that has accused a number of lawmakers, including former President Dwight D. Eisenhower, of being “closet Communists,” and promotes “wild conspiracy theories” such as the “international Jewish” conspiracy to control the global economy and the idea that the World War II Holocaust never happened. The JBS has been a pioneer in what an analysis by Political Research Associates (PRA) will call “the encoding of implicit cultural forms of ethnocentric white racism and Christian nationalist antisemitism rather than relying on the white supremacist biological determinism and open loathing of Jews that had typified the old right prior to WWII.” PRA will note, “Throughout its existence, however, the society has promoted open homophobia and sexism.” [Political Research Associates, 2010; Southern Poverty Law Center, 8/17/2010] The New American, the online magazine of the JBS (though the publication’s Web site downplays its connection to the JBS), will cover Paul’s speech. Paul speaks on the topic, “Restoring the Republic: Lessons From a Presidential Campaign,” where he discusses how America can be “restored” with groups such as the JBS and his own Campaign for Liberty “leading the way.” Paul is introduced by John McManus, the president of the JBS. According to the New American report: “Dr. Paul made evident his affection for the JBS by stating at the outset, ‘I am delighted to help celebrate this birthday.’ And when he moved on to talk about his first successful campaign for Congress in 1976, he said, ‘I’m sure there are people in this room who probably helped me in that campaign, because I know that so many of you have over the years.’ He then described his first press conference at the Capitol Hill Club, during which an antagonist from Houston asked him: ‘Mr. Paul, are you a member of the John Birch Society? Have you ever been a member of the John Birch Society?’ Dr. Paul recalled his response: ‘No, I am not a member of the John Birch Society but many members of the John Birch Society are friends of mine and they have been very helpful in my campaign.’” Paul credits the JBS “for keeping alive the freedom fight through its programs to educate and motivate the American people. He went on to point out that the JBS had planted a lot of seeds over the years and that his presidential campaign was able to tap into the sentiment that sprouted from those efforts.” Paul repeatedly cites what he calls “the remnant,” which he defines as those who remember and respect the values upon which the United States was founded: self-reliance, personal responsibility, limited government, sound money, the gold standard, etc. Paul lauds the JBS for nurturing that “remnant,” adding, “The remnant holds the truth together, both the religious truth and the political truth.” He concludes with an exhortation for the audience to “continue what you have been doing,” and says, “I come with a positive message and congratulations to you for all you have done.” [New American, 10/8/2008] Paul’s newsletters contain a raft of bigoted material (see 1978-1996), though Paul denies writing almost all of his newsletters’ content (see January 16, 2008). In 2007, he readily admitted his support for the John Birch Society (see July 22, 2007).

Entity Tags: Southern Poverty Law Center, Political Research Associates, Ron Paul, John Birch Society, John F. McManus, The New American

Timeline Tags: Domestic Propaganda

Author Jerome Corsi, who has published a scathing, and well-debunked, challenge to presidential candidate Senator Barack Obama (D-IL)‘s American citizenship (see August 1, 2008 and After), calls Obama’s birth certificate a “fake” in an interview on Fox News. Corsi tells interviewer Steve Doocy: “Well, what would be really helpful is if Senator Obama would release primary documents like his birth certificate. The campaign has a false, fake birth certificate posted on their Web site. How is anybody supposed to really piece together his life?” Corsi is referring to a scanned digital copy of Obama’s birth certificate (see June 13, 2008), which has been confirmed as true and valid by Hawaiian state officials (see June 27, 2008). Corsi claims, “The original birth certificate of Obama has never been released and the campaign refuses to release it.” Doocy asks if the copy isn’t “just… a State of Hawaii-produced duplicate?” and Corsi responds: “No, it’s a—there’s been good analysis of it on the Internet, and it’s been shown to have watermarks from Photoshop. It’s a fake document that’s on the Web site right now, and the original birth certificate the campaign refuses to produce.” [FactCheck (.org), 8/21/2008]

Entity Tags: Barack Obama, Jerome Corsi, Steve Doocy, Fox News

Timeline Tags: Domestic Propaganda

As reported by progressive media watchdog site Media Matters, Jerome Corsi, author of a widely discredited book that smears presidential candidate Barack Obama (see August 1, 2008 and After), tells a C-SPAN interviewer that if Obama becomes president and people like Corsi dare to criticize him in print, “Obama might just have to create a department of hate crimes and put them in jail.” [Media Matters, 8/16/2008]

Entity Tags: Media Matters, Barack Obama, Jerome Corsi

Timeline Tags: Domestic Propaganda, 2008 Elections

Jerome Corsi, author of a widely debunked smear against Democratic candidate Barack Obama (see August 1, 2008 and After), says in a WorldNetDaily article that since the Obama campaign has responded to his book with a Web page called “Unfit for Publication,” it is conceivable that an Obama presidency will create “a censorship department in which a book critical of a President Obama might be banned from publication.” [WorldNetDaily, 9/7/2008] Corsi has previously suggested that Obama is likely to create a “department of hate crimes” and put critics such as himself in jail (see August 16, 2008).

Entity Tags: Barack Obama, Jerome Corsi

Timeline Tags: Domestic Propaganda, 2008 Elections

The conservative “astroturf” advocacy organization Americans for Prosperity (AFP—see Late 2004) holds a conference of conservative political operatives and pundits in a Marriott hotel outside Washington, DC. Right-wing blogger Erick Erickson of RedState.com thanks oil billionaire and AFP co-founder David Koch (see August 30, 2010) from the podium and promises to “unite and fight… the armies of the left!” The rest of the conference is spent planning how to battle the policies that Democratic presidential candidate Barack Obama might implement if he wins the November election. AFP will be instrumental in the Koch brothers’ battle against Obama administration policies (see August 30, 2010). [New Yorker, 8/30/2010]

Entity Tags: Barack Obama, Americans for Prosperity, David Koch, Erick Erickson, Obama administration

Timeline Tags: Domestic Propaganda

Agents of the Nevada secretary of state and attorney general raid the Nevada office of the Association of Community Organizations for Reform Now (ACORN) on suspicions that ACORN is submitting fraudulent voter registrations, based on an investigation launched by a joint task force between the state’s US Attorney’s office and the FBI. No arrests are made and no charges are laid. [Clark County District Court, 10/6/2008 pdf file] Due to the seizure of computers and files, the office is effectively shut down less than a month before the election. ACORN officials are concerned that the confiscation of their computers will hinder their get-out-the-vote efforts in a key swing state. [Huffington Post, 10/7/2008] ACORN interim Chief Organizer Bertha Lewis responds: “We have zero tolerance for fraudulent registrations. We immediately dismiss employees we suspect of submitting fraudulent registrations.… ACORN met with Clark County [in Las Vegas] elections officials and a representative of the [Nevada] secretary of state on July 17th. ACORN pleaded with them to take our concerns about fraudulent applications seriously.” [ACORN, 10/7/2008]

Entity Tags: Bertha Lewis, Association of Community Organizations for Reform Now

Timeline Tags: Civil Liberties, 2008 Elections

Jerome Corsi leaving Kenya, with members of his entourage and Kenyan escorts.Jerome Corsi leaving Kenya, with members of his entourage and Kenyan escorts. [Source: Los Angeles Times]Jerome Corsi, the author of a bestselling book that smears US presidential candidate Barack Obama (see August 1, 2008 and After), is detained in Kenya after engaging in a book tour in Nairobi, the nation’s capital. Authorities say Corsi is attempting to promote his book without a work permit, a breach of Kenyan law. [London Times, 10/8/2008] “His papers were not in order,” says Immigration Ministry spokesman Elias Njeru. “He came in with a tourist visa but had to do business. So his papers were on the wrong side of the law.” [Los Angeles Times, 10/8/2008] Corsi also intended to present a check for $1,000 to George Obama, a half-brother of the candidate who was found living in poverty in a Nairobi slum a few weeks ago. The London Times calls the attempted donation “a stunt to suggest that [Obama] was not taking care of his Kenyan-based relative.” One Kenyan governmental source suggests that Corsi is being held in part for rumors he has spread that Obama is partly responsible for the wave of violence that engulfed the country after the 2007 presidential elections; The Times writes that few in Kenya take Corsi’s allegations seriously. According to promotional literature Corsi and his associates intended to distribute, “Dr. Corsi will also expose details of deep secret ties between US Democratic presidential candidate Barack Obama and a section of Kenya government leaders, their connection to certain sectoral groups in Kenya and subsequent plot to be executed in Kenya should Senator Obama win the American presidency.” Obama, whose father is Kenyan, is “hugely popular across Africa,” The Times reports, and many Africans wonder “why American right-wingers would wish him ill.” [London Times, 10/8/2008]
Attempts to Blame Obama for Detention - Progressive media watchdog site Media Matters reports that while in Kenyan detention, Corsi calls in on an American conservative radio talk show, Quinn & Rose, and, after claiming he was in detention because the Kenyans lost his travel papers, suggests that Obama had somethng to do with his detention. “Call Barack’s office and—call Barack’s office and ask him why I’m being detained,” Corsi says. “Tell you what: I think it’s pretty dangerous—it’s pretty dangerous to write a critical book of Barack Obama. I wouldn’t advise anybody do it.” (Corsi has repeatedly suggested that the Obama campaign had tried to censor him—see August 16, 2008 and September 7, 2008.) [Media Matters, 10/8/2008]
Leaves Kenya without Incident - Hours later, Corsi later leaves Kenya; it is not clear whether his departure is voluntary. Kenyan police say Corsi leaves of his own volition, but a Corsi spokesman accuses the Kenyan authorities of treating Corsi “like a criminal.” [Los Angeles Times, 10/8/2008]

Entity Tags: Media Matters, Elias Njeru, London Times, George Obama, Jerome Corsi, Barack Obama

Timeline Tags: Domestic Propaganda, 2008 Elections

Progressive media watchdog site Media Matters reports that Jerome Corsi, author of a book widely debunked as an attempt to defame presidential candidate Barack Obama (see August 1, 2008 and After) and after leaving Kenya where he had been briefly detained by authorities for peddling his book without a work permit (see October 8, 2008), tells conservative radio host Lee Rodgers that he is a victim of journalistic suppression. “I think the story here is really the suppression of the press,” he says. “I hate to think of what the First Amendment is going to mean. If you write a negative book or criticize Obama, I think you’re now going to have to risk being thrown in jail or killed.” Rodgers agrees, “Yeah, well, that’s the mentality of these people.” Corsi also claims that he has been targeted by the Obama campaign: “I’m telling you, this is scary. I have heard from Obama supporters telling me: one way or another, boy, when we’re in office, we’re going to shut you down.” Corsi has repeatedly claimed that he is the victim of censorship by the Obama campaign (see August 16, 2008 and September 7, 2008). Corsi also tells Rodgers that he has “[d]isproved every point” that the Obama campaign made in a “40-page rebuttal” to his book. In reality, Corsi responded to the Obama campaign’s rebuttal by issuing a list of 11 corrections for the next printing, most of which corrected lies identified by the Obama campaign or outside sources. [Media Matters, 10/10/2008]

Entity Tags: Media Matters, Barack Obama, Lee Rodgers, Jerome Corsi

Timeline Tags: Domestic Propaganda, 2008 Elections

Samuel Wurzelbacher, a.k.a. ‘Joe the Plumber.’Samuel Wurzelbacher, a.k.a. ‘Joe the Plumber.’ [Source: Orlando Sun-Sentinel]Republican presidential candidate John McCain (R-AZ)‘s running mate, Sarah Palin (R-AK), accuses Democratic presidential candidate Barack Obama (D-IL) of advocating socialism as an economic plan. “[N]ow is no time to experiment with socialism,” Palin says, referring to Obama’s proposal to offer tax credits to those paying no income taxes. Palin echoes comments made by Pennsylvania resident Samuel Wurzelbacher, known to the media as “Joe the Plumber,” in which he said Obama’s tax plan sounded like socialism to him. Palin tells a crowd in New Mexico: “Senator Obama said he wants to quote ‘spread the wealth.’ What that means is he wants government to take your money and dole it out however a politician sees fit.” Referring to a man in the crowd holding up a sign identifying himself as “Ed the Dairy Man,” Palin adds, “But Joe the Plumber and Ed the Dairy Man, I believe that they think that it sounds more like socialism.” She continues: “Friends, now is no time to experiment with socialism. To me, our opponent plans sounds more like big government, which is the problem. Bigger government is not the solution.” She calls Obama’s tax plan “a government giveaway,” and says the plan will raise taxes on those who already pay taxes: “He claims that he’ll cut income taxes for 95 percent of Americans, but the problem is, more than 40 percent of Americans pay no income taxes at all,” she says. “Since he can’t reduce taxes on those who pay zero, he wants the government to send them a check that’s called a tax credit. And where is he gonna get the money for all those checks that he will cut? By raising taxes on America’s hard-working families and our small businesses.” Later, at an airport in Colorado Springs, Palin tells a reporter, “There are socialist principles to [Obama’s tax plans], yes.” She continues, “Taking more from a small business or small business owners or from a hard-working families and then redistributing that money according to a politician’s priorities—there are hints of socialism in there and that’s why I don’t fault or discredit Joe the Plumber for bringing that up, asking if that is socialism.” Palin says that the $700 billion White House bailout of failing banks and other financial institutions is not socialism: “I believe that there are those measures that had to be taken by Congress to shore up not only the housing market but the credit markets, also to make sure that that’s not frozen, so that our small businesses have opportunities to borrow and that was the purpose, of course, of that part of the bailout and the shoring of the banks.” [ABC News, 10/20/2008]

Entity Tags: Barack Obama, Samuel Wurzelbacher, Sarah Palin, John McCain

Timeline Tags: Global Economic Crises, Domestic Propaganda, 2008 Elections

The press reports that the Association of Community Organizations for Reform Now (ACORN) recently submitted a voter registration form filed under the name “Mickey Mouse” to the Orange County, Florida, board of elections. Fox News co-anchors Megyn Kelly and Bill Hemmer, hosting the “straight news” program America’s Newsroom, mock ACORN for filing the form. Under Florida law, ACORN is required to submit all voter registration forms even if it suspects they are bogus: failure to submit a voter registration form is punishable by a $1,000 fine. Kelly reports the form submission, and Hemmer reports that the form was rejected, saying, “ACORN says they are required to turn in every application that is filled out, even if it says Mickey Mouse.” Kelly then says: “I love that, they’ve got the obligation to submit it no matter what it says. Mickey Mouse, Jive Turkey, which we saw yesterday. How are we to know?” ACORN official Brian Kettenring tells a Tampa Bay Times reporter, “We must turn in every voter registration card by Florida law, even Mickey Mouse.” The liberal media watchdog organization Media Matters cites the pertinent Florida statute: “A third-party voter registration organization that collects voter registration applications serves as a fiduciary to the applicant, ensuring that any voter registration application entrusted to the third-party voter registration organization, irrespective of party affiliation, race, ethnicity, or gender shall be promptly delivered to the division or the supervisor of elections.” If a third-party voter registration organization such as ACORN fails to submit any voter registration form, it is liable for a “fine in the amount of $1,000 for any application not submitted if the third-party registration organization or person, entity, or agency acting on its behalf acted willfully.” Kettenring says he is not sure the “Mickey Mouse” voter registration form came through ACORN, though it bore a stamp indicating that it was collected by someone affiliated with the organization. ACORN has come under fire for problems with some of the forms submitted by its employees, including 35 voter registration forms submitted in Pinellas County, Florida, that the Pinellas Board of Elections considered questionable. Recent forms submitted by the organization in Las Vegas listed the names of the starting lineup of the Dallas Cowboys. Republicans are claiming that the “Mickey Mouse” submission and others are part of a nationwide conspiracy by ACORN to subvert the electoral process; Republican National Committee (RNC) counsel Sean Cairncross says that ACORN is a “quasicriminal organization” engaged in “a widespread and systemic effort… to undermine the election process.” Kettenring says that a few of ACORN’s paid voter registrars are attempting to get paid by submitting forms that are clearly not legitimate. ACORN says it fires canvassers who forge applications, citing a recent firing in Broward County of one worker who turned in applications with similar handwriting. The organization alerted the county’s election supervisor to the problem. ACORN pays $8/hour for canvassers to register votes, and does not pay bonuses for volume or a specific number of signatures. The organization says officials call each name on the forms to confirm their legitimacy, but under Florida law must submit even problematic forms. [Tampa Bay Times, 10/14/2008; Media Matters, 10/14/2008] In March 2008, Fox reporters misquoted a Washington state official regarding allegations of ACORN-driven voter fraud (see May 2, 2008). Seven days before the Fox News report, officials raided the Nevada offices of ACORN in a fruitless attempt to find evidence of voters being fraudulently registered (see October 7, 2008). Four days after the report, independent factcheckers will find allegations of voter registration fraud leveled against ACORN to be entirely baseless (see October 18, 2008). Five days after the report, a Fox News guest will accuse ACORN of causing the subprime mortgage crisis (see October 19, 2008). And in 2009, Fox News host Glenn Beck will accuse ACORN and President Obama of working together to create a “slave state” within the US (see July 23, 2009).

Entity Tags: Megyn Kelly, Bill Hemmer, Association of Community Organizations for Reform Now, Brian Kettenring, Republican National Committee, Fox News, Sean Cairncross, Media Matters

Timeline Tags: Civil Liberties, Domestic Propaganda, 2008 Elections

The non-partisan FactCheck.org, an organization sponsored by the Annenberg Public Policy Center, runs an article that discusses the ACORN “voter fraud” issue in depth. It states that there is no evidence of the “democracy-destroying fraud” that Republican presidential candidate John McCain accused ACORN of, draws a distinction between voter registration fraud and voter fraud, and acknowledges that true voter fraud is relatively rare, citing a five-year investigation by the Bush administration Department of Justice that found no evidence of organized voter fraud. Dan Satterberg, the Republican prosecutor who handled the largest ACORN voter registration case in the nation, in King County, Washington, in 2006, is quoted saying “this scheme was not intended to permit illegal voting,” and “ACORN is a victim of employee theft.” In its headline and lede, however, the FactCheck article says that McCain’s Democratic rival Barack Obama is “soft-pedal[ing]” his ties with ACORN, placing this on the same level as John McCain’s statement that ACORN “is now on the verge of maybe perpetrating one of the greatest frauds in voter history in this country, maybe destroying the fabric of democracy.” [Annenberg Political FactCheck, 10/18/2008] The article is also run by Newsweek. [Newsweek, 10/18/2008]

Entity Tags: Dan Satterberg, Association of Community Organizations for Reform Now, FactCheck (.org), Barack Obama, John McCain

Timeline Tags: Civil Liberties, 2008 Elections

Cover illustration of the ‘Hype’ DVD.Cover illustration of the ‘Hype’ DVD. [Source: Amazon (.com)]The conservative lobbying group Citizens United (CU) distributes hundreds of thousands of DVDs in newspapers throughout Ohio, Florida, and Nevada, all considered “swing states” in the upcoming presidential election. The DVDs contain a “documentary” entitled Hype: The Obama Effect and are characterized by CU as “truthful attack[s]” on Senator Barack Obama (D-IL). Previous advertisements for the film said the film portrays Obama as an “overhyped media darling,” and quoted conservative pundit Tucker Carlson as saying: “The press loves Obama. I mean not just love, but sort of like an early teenage crush.” The DVD distribution takes place just days before the November 4 election. CU says it is spending over a million dollars to distribute around 1.25 million DVDs, which are included with delivery and store-bought copies of five newspapers: the Columbus (Ohio) Dispatch, the Cincinnati Enquirer, the Cleveland Plain Dealer, the Palm Beach (Florida) Post, and the Las Vegas Review-Journal. The film attacks Obama’s record on abortion rights, foreign policy, and what the Associated Press calls his “past relationships” with, among others, his former pastor, Reverend Jeremiah Wright (see January 6-11, 2008). The DVD also attempts to tie Obama to political corruption in Illinois, and lambasts the news media for what CU calls its preferential treatment of Obama. CU president David Bossie says: “We think it’s a truthful attack. People can take it any way they want.” Bossie was fired from his position on a Republican House member’s staff in 1998 for releasing fraudulently edited transcripts of a former Clinton administration official to falsely imply that then-First Lady Hillary Clinton had committed crimes (see May 1998). Among those interviewed about Obama for the film are conservative columnist Robert Novak, conservative pundit Dick Morris, former Ohio Secretary of State Ken Blackwell, former Arkansas governor Mike Huckabee, former Senator Rick Santorum (R-PA), and author and pundit Jerome Corsi, whom the AP terms a “discredited critic” of Obama. Obama campaign spokesman Isaac Baker calls the DVD “slash and burn politics,” and says the DVD is another tactic of the presidential campaign of John McCain (R-AZ) to “smear” Obama with “dishonest, debunked attacks from the fringes of the far right.” [New York Times, 7/22/2008; Associated Press, 10/28/2008; Media Matters, 10/29/2008]
Newspaper Official Defends Decision to Include DVD - Palm Beach Post general manager Charles Gerardi says of his paper’s decision to include the DVD in its Friday distribution: “Citizens United has every right to place this message as a paid advertisement, and our readers have every right to see it, even if they don’t agree with it. That we accepted it as a paid advertisement in no way implies that this newspaper agrees or disagrees with its message.” [Palm Beach Post, 10/31/2008]
Falsehoods, Misrepresentations, and Lies - Within days, the liberal media watchdog organization Media Matters finds that the DVD is riddled with errors, misrepresentations, and lies.
Claim that Obama 'Threw' Illinois State Senate Election - On the DVD, author David Freddoso claims that in 1998, Obama managed to “thr[o]w all of his opponents off the ballot” to win an election to the Illinois State Senate, a claim that has been disproved.
Claim that Obama Refuses to Work with Republicans - Freddoso also asserts that there are no instances of Obama’s stints in the Illinois State Senate nor the US Senate where he was willing to work with Republicans on legislation, an assertion that Freddoso himself inadvertently disproves by citing several instances of legislation Obama joined with Republicans to pass.
Claim that Obama Wants to Raise Taxes on Middle Class and Small Business - The DVD’s narrator misrepresents Obama’s campaign statements to falsely claim that Obama has promised to “irrevocabl[y]” raise taxes on citizens making over $100,000 to fund Social Security; the reality is that Obama’s proposed tax increase would affect citizens making $250,000 or more. The DVD narrator makes similarly false claims about Obama’s stance on raising the capital gains tax, and on raising taxes on small business owners. Conservative radio host Armstrong Williams tells viewers that Obama will raise taxes on small businesses that employ only a few workers, when in fact Obama has repeatedly proposed cutting taxes on most small businesses. Huckabee makes similar claims later in the DVD.
Claim that Obama Supports Immigration 'Amnesty' - The narrator misrepresents Obama’s stance on immigration reform as “amnesty for the 12 to 20 million people who violated US immigration law,” a position that Obama’s “Plan for Immigration” rejects.
Claim that Obama Wants 'Centralized Government' Health Care - Blackwell, now a contributing editor for the conservative publication TownHall, falsely claims that Obama wants to implement what he calls “a centralized government program that hasn’t worked in Canada, hasn’t worked in England, that has actually taken the freedom from the consumer and limited the choices.” Organizations such as PolitiFact and the New York Times have called claims that Obama supports government-run “single payer” health care false.
Claim that Obama Refused to Protect Lives of Infants - Conservative columnist and anti-abortion activist Jill Stanek claims that Obama opposed legislation that would have protected the lives of babies “born alive” during botched abortion efforts, when in fact no such legislation was ever proposed—the law already protects babies in such circumstances—and the Illinois Department of Public Health has said no such case exists in its records. (Stanek has claimed that she has witnessed such incidents during her time as an Illinois hospital worker.) Stanek has said that she believes domestic violence against women who have had abortions is acceptable, claimed that Chinese people eat aborted fetuses as “much sought after delicacies,” and claimed that Obama “supports infanticide.”
Claim that Obama Supported Attack on Petraeus - The DVD narrator claims that as a US senator, Obama refused to vote for a bill that condemned an attack by liberal grassroots activist organization MoveOn.org on General David Petraeus. In reality, Obama did vote to support an amendment that condemned the MoveOn advertisement.
Claim that Obama Supported Award for Farrakhan - The DVD narrator claims that Obama has aligned himself with the controversial head of the Nation of Islam, Louis Farrakhan, and cites the 2007 decision by Obama’s then-church, Chicago’s Trinity United Church of Christ, to award a lifetime achievement award to Farrakhan. In reality, Obama denounced Farrakhan’s anti-Semitism, and stated that he did not agree with the Trinity decision to give Farrakhan the award.
Claim of Suspiciously Preferential Loan Rate - The DVD narrator claims that Obama received a suspiciously “preferential rate on his super-jumbo loan for the purchase” of a “mansion” in Hyde Park, Illinois, from Northern Trust, an Illinois bank. A Washington Post reporter did make such a claim in a report, but subsequent investigation by Politico and the Columbia Journalism Review showed that the rate Obama received on the loan was consistent with other loans Northern Trust made at the time and not significantly below the average loan rate.
'Citizen of the World' - Corsi claims that Obama does not consider himself an American, but a “citizen of the world.” Media Matters has found numerous instances where Obama proclaims himself a proud American as well as “a fellow citizen of the world.” In 1982, Media Matters notes, then-President Reagan addressed the United Nations General Assembly by saying, “I speak today as both a citizen of the United States and of the world.” Media Matters notes that Corsi’s anti-Obama book Obama Nation was widely and thoroughly debunked (see August 1, 2008 and After), and since its publication, Corsi has made a number of inflammatory and false accusations about Obama and his family (see August 15, 2008, August 16, 2008, September 7, 2008, October 8, 2008, October 9, 2008, July 21, 2009, and September 21, 2010). [Media Matters, 10/30/2008]

Norm Coleman (l) and Al Franken (r) are locked in a recount battle for a US Senate seat representing Minnesota.Norm Coleman (l) and Al Franken (r) are locked in a recount battle for a US Senate seat representing Minnesota. [Source: MediaBistro (.com)]The US Senate race in Minnesota, between incumbent Norm Coleman (R-MN) and challenger Al Franken (D-MN), concludes with Coleman enjoying a razor-thin margin of victory and declaring himself the victor. However, Franken (running as the candidate for the “Democratic-Farmer-Labor” party, or DFL, Minnesota’s version of the state Democratic Party) says he will ask for a recount, as is his right under Minnesota law. Minnesota officials say the recount could delay the final result of the race until December. The Minneapolis Star-Tribune characterizes the race between Coleman and Franken as “one of the most bitter… in Minnesota history.” The initial results show Coleman in the lead by 215 votes, though he was adjudged to lead by as much as 725 votes in early estimates. The Associated Press previously called Coleman the winner, but has now withdrawn that call, labeling the race as too close to judge. Franken says his campaign is investigating alleged voting irregularities at a number of polling places, and adds: “[A] recount could change the outcome significantly.… Let me be clear: Our goal is to ensure that every vote is properly counted.” Minnesota Secretary of State Mark Ritchie (D-MN) says a recount would not begin until the middle of the month and would likely stretch into December. “No matter how fast people would like it, the emphasis is on accuracy,” he says. The vote is split three ways, with Coleman and Franken each having 42 percent of the vote and Independence Party candidate Dean Barkley having 15 percent. Exit polls show Franken rode a wave of Democrats voting for Barack Obama (D-IL) as president, including a large number of first-time voters. Minnesota delivered its electoral votes for Obama. However, Barkley drained a significant amount of votes away from Franken. Franken had trouble convincing some voters of his credibility, in light of his career as an overtly liberal comedian and author, while Coleman was hurt by being connected with the poorly performing US economy under President Bush. Franken caught up with Coleman in polling after the stock market almost collapsed in September. Franken says that like the just-elected Obama, “I believe we’re going to celebrate a victory in this race, too.” Coleman tells supporters that he “feels good” about the ultimate results. Both Franken and Coleman engaged in harshly negative campaign advertising, which drove a large number of voters to choose Barkley in the race. National Republicans called Franken “unfit for office” because of his liberalism, while Franken attacked Coleman by pairing him with Bush, telling voters that Coleman helped Bush “drive the economy right into the ditch.” The two campaigns together spent almost $50 million, making it by far the most expensive Senate race in the country. Franken was dogged by allegations that he did not pay the proper income taxes, and embarrassed by examples of “lewd” humor from his past comedy engagements, leading him to apologize for some of his humor to his supporters. Coleman dealt with questions about his payment of artificially low rent on an exclusive Capitol Hill rowhouse, and questionable contributions from wealthy benefactors. Coleman asks Franken to waive the recount in the interest of saving Minnesota taxpayers the cost of the procedure, and so that “healing” from the hotly contested race can begin. [Minneapolis Star-Tribune, 11/5/2008; Minneapolis Star-Tribune, 11/6/2008; Associated Press, 1/6/2009]

Entity Tags: Mark Ritchie, Al Franken, Associated Press, George W. Bush, Minneapolis Star-Tribune, Norm Coleman, Barack Obama

Timeline Tags: Civil Liberties, 2008 Elections

Two days after the US Senate election in Minnesota failed to produce a clear winner (see November 4-5, 2008), Senator Norm Coleman (R-MN) demands that his challenger, Al Franken (D-MN), concede. Franken has asked that the votes be recounted, as Coleman originally led with a razor-thin 725-vote margin of victory. (A recount is automatic under the law with a margin of victory of less than 0.5 percent, as this one is.) As ballot totals have shifted with the addition of absentee and other ballots, Coleman’s margin has shrunk even further, to 438 votes. Franken says that “a recount could change the outcome significantly,” and adds: “Let me be clear: Our goal is to ensure that every vote is properly counted.” Coleman has requested that the recount not take place, and has declared himself the winner of the election. Coleman also says that a recount would cost some $86,000 to Minnesota taxpayers, a cost he describes as prohibitively high considering that he would almost certainly win the recount. Franken does not concede. [Minneapolis Star-Tribune, 11/6/2008]

Entity Tags: Norm Coleman, Al Franken

Timeline Tags: Civil Liberties, 2008 Elections

The campaign of US Senate candidate Norm Coleman (R-MN) says that “improbable shifts” in vote tallies are improperly favoring Coleman’s opponent, Al Franken (D-MN), in Minnesota’s Senate race. The accusation implies that Minnesota Secretary of State Mark Ritchie (D-MN) is exhibiting partisan bias in the Senate race recount. Franken requested a recount after Coleman was declared the winner by a margin narrow enough to legally support such a request (see November 4-5, 2008). Ritchie won the office two years ago after accusing his Republican predecessor of partisan bias. He promises that his oversight of the Senate recount will be fair, transparent, and impartial. “Minnesotans have an expectation of a nonpartisan election recount,” he has said. Coleman’s initial estimate of a 725-vote margin of victory has dwindled to some 200 votes, prompting Coleman to complain of “improbable shifts” in the vote tallies that are unfairly benefiting Franken. One of Coleman’s lawyers tells a reporter, “We’re not going to sit idly by while mysterious, statistically dubious changes in vote totals take place after official government offices close.” Ritchie responds by accusing the Coleman campaign of trying “to create a cloud” over the recount and “denigrating the election process,” and says that such shifts are normal when votes are retallied after any election, when county officials verify election night tabulations reported to his office. Ritchie says the Coleman campaign is mounting “a well-known political strategy,” adding, “If people want to accuse county elections officials of partisan activity, they better be ready to back it up.” Ritchie oversaw a recent Supreme Court election that was praised by both sides as being fairly handled. [Minneapolis Star-Tribune, 11/10/2008; TPM Muckraker, 11/11/2008] According to Ritchie’s office, small vote shifts after an election is called are normal. After an election, the office says: “[E]lection officials proof their work and make corrections, as necessary. It is routine for election officials to discover a number of small errors, including improper data entry, transposition of digits (e.g. entering the number 48 instead of 84), and other items that affect the reported outcome.” [Huffington Post, 11/21/2008]

Entity Tags: Mark Ritchie, Al Franken, Norm Coleman

Timeline Tags: Civil Liberties, 2008 Elections

The National Republican Senatorial Committee (NRSC) launches attacks on Minnesota Secretary of State Mark Ritchie (D-MN) in an attempt to throw the Minnesota Senate race recount into doubt. Senator Norm Coleman (R-MN) and challenger Al Franken (D-MN) ran for Coleman’s seat in the US Senate, and the results, narrowly favoring Coleman, were challenged by Franken (see November 4-5, 2008). The NRSC distributes a three-page “backgrounder” on Ritchie to reporters that implies Ritchie is letting his political background affect his conduct in administering the recount. Among Ritchie’s “suspicious” activities are his speech at the Democratic convention during the summer, and his having “led a voter registration coalition that included ACORN,” the much-vilified Association of Community Organizations for Reform Now (see May 2, 2008, October 7, 2008, October 18, 2008, and October 14, 2008). The NRSC even attempts to imply that Ritchie is a Communist sympathizer in a piece entitled “Communist Party USA Wrote Encouragingly Of His Candidacy.” (On November 19, Fox News’s Andrew Napolitano will call Ritchie a “former Communist” and a “former member of the Communist Party,” but without advancing any proof of the allegations.) According to a report by TPM Muckraker’s Zachary Roth, “there’s no evidence that Ritchie has ever used his role as the state’s top elections administrator to advantage Democrats.” Roth writes that “the point of the GOP gambit… appears to be to cast public doubt on the integrity of the recount process, thereby bolstering Coleman’s claim that’s he’s the rightful winner and that a recount is unnecessary—just the strategy pursued by George Bush’s campaign in Florida in 2000.” [TPM Muckraker, 11/11/2008; Media Matters, 11/20/2008]

Entity Tags: National Republican Senatorial Committee, Al Franken, Andrew Napolitano, Association of Community Organizations for Reform Now, Norm Coleman, Zachary Roth, Communist Party USA, Mark Ritchie

Timeline Tags: Civil Liberties, 2008 Elections

An unsigned op-ed in the Wall Street Journal accuses the Senate campaign of Al Franken (D-MN) of voter fraud. Franken and incumbent Norm Coleman (R-MN) are locked in a race that was too close to call, and are awaiting the results of a recount (see November 4-5, 2008). Since then, the Coleman campaign (see November 10, 2008) and the National Republican Senatorial Committee (NRSC—see November 11, 2008) have implied a variety of wrongdoings, including underhanded ballot tally manipulation, partisan bias, and even shadowy connections to the Communist Party. Some Democrats, the Journal states, are engaged in “stealing a Senate seat for left-wing joker Al Franken.” The Journal reiterates a claim by Coleman’s lead recount lawyer Fritz Knaak that the director of the Minneapolis Board of Elections forgot to count 32 absentee ballots that she had left in her car. The Coleman campaign attempted to get a judge to stop those ballots from being added to the total, the Journal states, but the judge refused to do so. The Journal also records a number of statistically “unusual” or “improbable” vote tally shifts that have combined to shave Coleman’s initial 725-vote lead to just over 200. The Journal joins Coleman and the NRSC in attacking Secretary of State Mark Ritchie (D-MN), whose office is overseeing the upcoming recount. It cites Ritchie’s own run for office in 2006, which was supported by, among others, liberal activist group MoveOn.org, and says Ritchie is “an ally” of “the Association of Community Organizations for Reform Now, or ACORN, of fraudulent voter-registration fame” (see May 2, 2008, October 7, 2008, October 18, 2008, and October 14, 2008). Ritchie’s “relationship” with ACORN, the Journal states, “might explain why prior to the election Mr. Ritchie waved off evidence of thousands of irregularities on Minnesota voter rolls, claiming that accusations of fraud were nothing more than ‘desperateness’ from Republicans.” The Journal expands its accusations to include the Franken campaign, which it says is “mau-mauing election officials into accepting tossed ballots.” [Wall Street Journal, 11/12/2008; MinnPost, 11/12/2008] The same day as the Journal op-ed is published, Governor Tim Pawlenty (R-MN) repeats the allegation about the absentee ballots being left overnight in an election official’s car, telling a Fox News reporter: “As I understand it, and this is based on news accounts, he claims that even though they were in his car, that they were never outside of his security or area of control, so the courts allowed that. It seems a little loose to me.” Asked by a Fox reporter, “What were they doing in his car?” Pawlenty replies: “There has not been a good explanation for that, Kelly. That’s a very good question, but they’ve been included in the count pile which is concerning.” Pawlenty mischaracterizes the gender of the Minneapolis Elections Director, Cindy Reichert. Reichert also says the entire story is “just not true.” The story comes from Knaak, who initially told reporters, “We were actually told ballots had been riding around in her car for several days, which raised all kinds of integrity questions.” By the day’s end, Knaak backs away from the claim of impropriety. A local outlet reports, “Knaak said he feels assured that what was going on with the 32 ballots was neither wrong nor unfair.” Reichert says that Knaak’s story is entirely false. No ballots were ever left in her car, nor were they left unattended in anyone else’s car. They were secured between Election Night and when they were counted. They were briefly in an election official’s car, along with every other absentee ballot, as they were all driven from individual precincts to polling places as mandated by Minnesota election law. “What I find ludicrous is that this goes on all around the state,” Reichert says. “If we could process them [at City Hall] we’d love to do that.” The absentee ballots were transported, sorted, and counted according to standard elections procedures, Reichert says. The 32 ballots in question were not counted until November 8, and both the Coleman and Franken campaigns were informed that the ballots were not included in the initial Minneapolis tallies. The tally for those 32 ballots: Franken 18, Coleman seven, and seven for other candidates or for no one. [MinnPost, 11/12/2008]

Entity Tags: Tim Pawlenty, Fox News, Cindy Reichert, Al Franken, Fritz Knaak, Norm Coleman, Mark Ritchie, Wall Street Journal, National Republican Senatorial Committee

Timeline Tags: Civil Liberties

The campaign of US Senate candidate Norm Coleman (R-MN) says that Minnesota’s Secretary of State, Mark Ritchie (D-MN), has displayed partisan behavior on behalf of challenger Al Franken (D-MN) by announcing that his office would consider counting some absentee ballots that were not counted during the initial vote tallies. Approximately 1,000 absentee ballots were not counted in the initial tallies, and Franken’s legal team contends that most of them were wrongly rejected by election judges. The initial election results triggered a recount (see November 6, 2008); Coleman has already implied that efforts are underway to manipulate the vote in favor of Franken (see November 10, 2008), implications previously made by the National Republican Senatorial Committee (see November 11, 2008 and November 12, 2008). Coleman’s lead campaign lawyer Fritz Knaak says that the Franken campaign is engaging in “Florida-like tactics” in the absentee ballot issue (see 9:54 p.m. December 12, 2000). For its part, the Franken campaign is accusing the Coleman campaign of resorting to “baseless charges and innuendo.” Franken’s campaign is attempting to ascertain the names of the voters whose absentee ballots were rejected, with an eye to having them reconsidered. Studies have shown that rejected ballots tend to favor Democrats, leading elections expert Larry Jacobs to observe, “With the voter who tends to pull the lever for Democrats, there’s a little less dexterity.” One voter whose absentee ballot was rejected, Mark Jeranek, says his vote was set aside because he did not sign the envelope into which he placed his ballot. Jeranek voted for Franken, and has received an affidavit from the Franken campaign, which he is considering signing. “I don’t want to be a cause for revolution, but at the same time I want my vote to count,” he says. “It’s kind of neat—at least for a senatorial race—that it really does come down to every individual vote.” [Time, 11/17/2008; Weiner, 2010, pp. xviii]

Entity Tags: Mark Jeranek, Al Franken, Fritz Knaak, Mark Ritchie, Larry Jacobs, Norm Coleman, National Republican Senatorial Committee

Timeline Tags: Civil Liberties, 2008 Elections

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