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Context of 'July 22, 2005: Former Louisiana Governors and Senators Urge Bush to Support Energy Bill Revenue Sharing Provision'

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Senator Benjamin Tillman, an ardent segregationist who once said, ‘My Democracy means white supremacy.’ Senator Benjamin Tillman, an ardent segregationist who once said, ‘My Democracy means white supremacy.’ [Source: Black Americans in Congress]President Theodore “Teddy” Roosevelt signs the Tillman Act into law. The Act prohibits monetary contributions to national political campaigns by corporations and national banks. Roosevelt, dogged by allegations that he had accepted improper donations during his 1904 presidential campaign, has pushed for such restrictions since he took office (see August 23, 1902 and December 5, 1905). [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file; Moneyocracy, 2/2012] Senator Benjamin Tillman (D-SC), later described by National Public Radio as a “populist and virulent racist,” sponsored the bill. [National Public Radio, 2012] In 1900, Tillman was quoted as saying about black voters: “We have done our level best. We have scratched our heads to find out how we could eliminate every last one of them. We stuffed ballot boxes. We shot them. We are not ashamed of it.” [Atlas, 2010, pp. 205] Unfortunately, the law is easily circumvented. Businesses and corporations give employees large “bonuses” with the understanding that the employee then gives the bonus to a candidate “endorsed” by the firm. Not only do the corporations find and exploit this loophole, they receive an additional tax deduction for “employee benefits.” The law will be amended to cover primary elections in 1911 (see 1911). [Campaign Finance Timeline, 1999]

Entity Tags: Benjamin Tillman, Theodore Roosevelt, Tillman Act

Timeline Tags: Civil Liberties

The massive Federal Election Campaign Act (FECA) is signed into law by President Nixon. (The law is commonly thought of in the context of 1971, when Congress passed it, but Nixon did not sign it into law for several months.) The law is sparked by a rising tide of anger among the public, frustrated by the Vietnam War and the variety of movements agitating for change. The campaign watchdog organization Common Cause sued both the Democratic and Republican National Committees for violating the Federal Corrupt Practices Act (FCPA—see 1925), and though it lost the suit, it exposed the flaws and limitations of the law to the public. Common Cause then led a push to improve campaign finance legislation, aided by the many newly elected and reform-minded members of Congress. FECA repeals the toothless FCPA and creates a comprehensive framework for the regulation of federal campaign financing, from primaries and runoffs to conventions and general elections. The law requires full and timely disclosure of donations and expenditures, and provides broad definitions of both. It sets limits on media advertising as well as on contributions from candidates and their family members. The law permits unions and corporations to solicit voluntary contributions from members, employees, and stockholders, and allows union and corporate treasury money to be used for operating expenses for political action committees (PACs) or for voter drives and the like. It bans patronage or the promise of patronage, and bans contracts between a candidate and any federal department or agency. It establishes strict caps on the amounts individuals can contribute to their own campaigns—$50,000 for presidential and vice-presidential candidates, $35,000 for Senate candidates, and $25,000 for House candidates. It establishes a cap on television advertising at 10 cents per voter in the last election, or $50,000, whichever is higher. [Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Federal Election Commission, 4/2008 pdf file] The difference before and after FECA is evident. Congressional campaign spending reportage from 1968 claimed only $8.5 million, while in 1972, Congressional campaign spending reports will soar to $88.9 million. [Federal Elections Commission, 1998]

Entity Tags: Richard M. Nixon, Federal Corrupt Practices Act, Federal Election Campaign Act of 1972, Common Cause

Timeline Tags: Civil Liberties

In the aftermath of the Watergate scandal (see August 8, 1974), amendments to the Federal Election Campaign Act (FECA—see February 7, 1972) provide the option for full public financing for presidential general elections, matching funds for presidential primaries, and public expenditures for presidential nominating conventions. The amendments also set spending limits on presidential primaries and general elections as well as for House and Senate primaries. The amendments give some enforcement provisions to previously enacted spending limits on House and Senate general elections. They set strict spending guidelines: for presidential campaigns, each candidate is limited to $10 million for primaries, $20 million for general elections, and $2 million for nominating conventions; Senatorial candidates are limited to $100,000 or eight cents per eligible voter, whichever is higher, for primaries, and higher limits of $150,000 or 12 cents per voter for general elections; House candidates are limited to $70,000 each for primaries and general elections. Loans are treated as contributions. The amendments create an individual contribution limit of $1,000 to a candidate per election and a PAC (political action committee) contribution limit of $5,000 to a candidate per election (this provision will trigger what the Center for Responsive Politics will call a “PAC boom” in the late 1970s). The total aggregate contributions from an individual are set at $25,000 per year. Candidates face further restrictions on how much personal wealth they can contribute to their own campaign. The 1940 ban on contributions from government employees and contract workers (see 1940) is repealed, as are the 1971 limitations on media spending. Perhaps most importantly, the amendments create the Federal Election Commission (FEC) to oversee and administer campaign law. (Before, enforcement and oversight responsibilities were spread among the Clerk of the House, the Secretary of the Senate, and the Comptroller General of the United States General Accounting Office (GAO), with the Justice Department responsible for prosecuting violators (see 1967).) The FEC is led by a board of six commissioners, with Congress appointing four of those commissioners and the president appointing two more. The Secretary of the Senate and the Clerk of the House are designated nonvoting, exofficio commissioners. [Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file] Part of the impetus behind the law is the public outrage over the revelations of how disgraced ex-President Nixon’s re-election campaign was funded, with millions of dollars in secret, illegal corporate contributions being funneled into the Nixon campaign. [Campaign Finance Timeline, 1999; Connecticut Network, 2006 pdf file]

Entity Tags: Center for Responsive Politics, Federal Election Campaign Act of 1972, Federal Election Commission, US Department of Justice

Timeline Tags: Civil Liberties

Amendments to the 1971 Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) passed by Congress after the controversial Buckley ruling by the Supreme Court (see January 30, 1976) bring FECA into conformity with the Court’s decision. The amendments repeal expenditure limits except for presidential candidates who accept public funding, and revise the provisions governing the appointment of commissioners to the Federal Election Commission (FEC). The amendments also limit the scope of PAC fundraising by corporations and labor unions. The amendments limit individual contributions to national political parties to $20,000 per year, and individual contributions to a PAC to $5,000 per year. [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file] However, the Constitution restricts what Congress can, or is willing, to do, and the amendments are relatively insignificant. [Campaign Finance Timeline, 1999]

Entity Tags: Federal Election Commission, Federal Election Campaign Act of 1972, US Supreme Court

Timeline Tags: Civil Liberties

The federal government passes even more amendments to the 1971 Federal Election Campaign Act (FECA—see February 7, 1972, 1974, and May 11, 1976). The new amendments simplify campaign finance reporting requirements, encourage political party activity at the state and local levels, and increase the public funding grants for presidential nominating conventions. The new amendments prohibit the Federal Election Commission (FEC) from conducting random campaign audits. They also allow state and local parties to spend unlimited amounts on federal campaign efforts, including the production and distribution of campaign materials such as signs and bumper stickers used in “get out the vote” (GOTV) efforts. [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file] The amendment creates what later becomes known as “soft money,” or donations and contributions that are essentially unregulated as long as they ostensibly go for “party building” expenses. The amendments allow corporations, labor unions, and wealthy individuals to contribute vast sums to political parties and influence elections. By 1988, both the Republican and Democratic Parties will spend inordinate and controversial amounts of “soft money” in election efforts. [National Public Radio, 2012] While the amendments were envisioned as strengthening campaign finance law, many feel that in hindsight, the amendments actually weaken FECA and campaign finance regulation. Specifically, the amendments reverse much of the 1974 amendments, and allow money once prohibited from being spent on campaigns to flow again. [Campaign Finance Timeline, 1999]

Entity Tags: Federal Election Commission, Federal Election Campaign Act of 1972

Timeline Tags: Civil Liberties

The anti-abortion National Right to Life Committee (NRLC) issues a series of “voter guides” just before Election Day. The pamphlets are later credited as helping persuade voters to cast their ballots for presidential candidate Ronald Reagan (R-CA) and a number of Republican Senate candidates. In 2012, reporter Jeffrey Toobin will characterize them as “barely concealed works of advocacy,” a form of “electioneering” that federal law bans groups such as NRLC from issuing this close to an election. The Federal Election Commission (FEC) later tries to challenge the pamphlet distribution, and the NRLC wins a First Amendment challenge in court under the legal leadership of general counsel James Bopp Jr. As a result of the court case, Bopp becomes interested in challenging campaign finance restrictions (see January 10-16, 2008) as well as abortion rights. [New Yorker, 5/21/2012]

Entity Tags: Federal Election Commission, James Bopp, Jr, National Right to Life Committee, Ronald Reagan, Jeffrey Toobin

Timeline Tags: US Health Care, Civil Liberties, Elections Before 2000

Lee Atwater.Lee Atwater. [Source: NNDB (.com)]Republican political strategist Lee Atwater, in a discussion with political science professor Alexander Lamis, discusses the Republican strategy of using racism to win elections. Lamis will later quote Atwater in his book Southern Politics in the 1990s. Atwater takes Lamis through the evolution of Republican appeals to racism: “You start out in 1954 by saying, ‘N_gger, n_gger, n_gger.’ By 1968 you can’t say ‘n_gger’—that hurts you. Backfires. So you say stuff like forced busing, states’ rights, and all that stuff. You’re getting so abstract now [that] you’re talking about cutting taxes, and all these things you’re talking about are totally economic things and a byproduct of them is [that] blacks get hurt worse than whites. And subconsciously maybe that is part of it. I’m not saying that. But I’m saying that if it is getting that abstract, and that coded, that we are doing away with the racial problem one way or the other. You follow me—because obviously sitting around saying, ‘We want to cut this,’ is much more abstract than even the busing thing, and a hell of a lot more abstract than ‘N_gger, n_gger.’” Atwater will go on to manage the 1988 presidential campaign of George H. W. Bush, where he will oversee the use of what is considered one of the most overtly racist campaign ads in modern history, the “Willie Horton” ad (see September 21 - October 4, 1988). [New York Times, 10/6/2005]

Entity Tags: Lee Atwater, Alexander Lamis, Republican Party

Timeline Tags: Domestic Propaganda, Elections Before 2000

The Bush presidential re-election campaign, trailing Democratic challenger Michael Dukakis, the governor of Massachusetts, in the polls, decides on a “two-track” campaign strategy. The strategy is crafted by campaign manager Lee Atwater. The “high road” track will be taken by President Bush and the campaign directly, attacking Dukakis’s record on law enforcement and challenging his reputation as having led Massachusetts into a period of economic growth (the so-called “Massachusetts Miracle”). The “low road,” designed by Atwater to appeal to the most crude racial stereotypes (see 1981), is to be taken by ostensibly “independent” voter outreach organizations. Because of a loophole in campaign finance rules, the Bush campaign could work closely with “outside groups” and funnel money from “independent” organizations to the outside groups, while denying any connections with those groups were they to run objectionable or negative political ads. Atwater wants to avoid a potential backlash among voters, who may turn against the campaign because of their antipathy towards “attack politics.” Atwater and his colleagues determine that the outside groups will use “brass knuckle” tactics to attack Dukakis, and because the ads come from these “independent” organizations, the Bush campaign can distance itself from the groups and even criticize them for being too negative. In 1999, InsidePolitics.org will write: “In so doing, Bush’s presidential effort would train a generation of campaign operatives how to run a negative campaign. Its ‘two-track’ approach would become a model of how to exploit campaign finance laws and use outside groups to deliver hard-hitting messages on behalf of the candidate. Over the course of the following decade, this strategy would become commonplace in American elections.” The idea of “outsourcing” attack ads had been popularized by the 1980 Reagan presidential campaign, which used what it called “independent expenditures” to finance “outside” attacks on its Democratic opponent, President Jimmy Carter. In 1988, “independent” conservative groups spend $13.7 million on the Bush campaign, most of which goes towards attacks on Dukakis. In comparison, progressive and liberal groups spend $2.8 million on behalf of Dukakis—an almost five-to-one discrepancy. Most of the outside money is spent on television advertising. InsidePolitics will write, “Increasingly, candidates were discovering, electoral agendas and voter impressions could be dominated through a clever combination of attack ads and favorable news coverage.” [Inside Politics (.org), 1999] The result of Atwater’s “two-track” strategy is the “Willie Horton” ad, which will become infamous both for its bluntly racist appeal and its effectiveness (see September 21 - October 4, 1988). An earlier “independent” ad attacking Dukakis’s environmental record provides something of a template for the Horton ad campaign. The so-called “Boston Harbor” ad, which depicted garbage floating in the body of water, challenged Dukakis’s positive reputation as a pro-environmental candndate. The ad helped bring Dukakis’s “positives” down, a strong plus for Bush, whose record as an oil-company executive and reputation as a powerful political friend to the oil companies hurts him in comparison with Dukakis. In July 1988, Readers Digest, a magazine known for its quietly conservative slant, publishes a profile of Horton titled “Getting Away With Murder.” The Bush campaign reprints the article and distributes it by the tens of thousands around the country. [Regardie's Magazine, 10/1/1990; Inside Politics (.org), 1999]

Entity Tags: Readers Digest, InsidePolitics (.org), George Herbert Walker Bush, Lee Atwater, National Security Political Action Committee, William (“Willie”) Horton, Michael Dukakis

Timeline Tags: Domestic Propaganda, Elections Before 2000

The image of Willie Horton as shown in the ‘Weekend Pass’ campaign ad.The image of Willie Horton as shown in the ‘Weekend Pass’ campaign ad. [Source: University of Virginia]A political advertisement on behalf of the George H. W. Bush presidential campaign appears, running on televisions around the country between September 21 and October 4, 1988. Called “Weekend Pass,” it depicts convicted murderer William “Willie” Horton, who was granted 10 separate furloughs from prison, and used the time from his last furlough to kidnap and rape a young woman. The advertisement and subsequent media barrage falsely accuses Democratic presidential candidate Michael Dukakis, the governor of Massachusetts, of creating the “furlough program” that led to Horton’s release, and paints Dukakis as “soft on crime.” It will come to be known as one of the most overly racist political advertisements in the history of modern US presidential politics.
Ad Content - The ad begins by comparing the positions of the two candidates on crime. It notes that Bush supports the death penalty for convicted murderers, whereas Dukakis does not. The ad’s voiceover narrator then states, “Dukakis not only opposes the death penalty, he allowed first-degree murderers to have weekend passes from prison,” with the accompanying text “Opposes Death Penalty, Allowed Murderers to Have Weekend Passes” superimposed on a photograph of Dukakis. The narrator then says, “One was Willie Horton, who murdered a boy in a robbery, stabbing him 19 times,” accompanied by a mug shot of Horton. The voiceover continues: “Despite a life sentence, Horton received 10 weekend passes from prison. Horton fled, kidnapped a young couple, stabbing the man and repeatedly raping his girlfriend.” At this point, the ad shows another picture of Horton being arrested while the accompanying text reads, “Kidnapping, Stabbing, Raping.” The ad’s narration concludes: “Weekend prison passes. Dukakis on crime.” The ad is credited to the “National Security Political Action Committee.” [Inside Politics (.org), 1999; Museum of the Moving Image, 2008; University of Virginia, Introduction to American Politics, 11/18/2009]
'Soft on Crime' - The ad is a reflection of the measures the Bush campaign is willing to undertake to defeat the apparently strong Dukakis candidacy. Dukakis is a popular Democratic governor and widely credited with what pundits call the “Massachusetts Miracle,” reversing the downward economic spiral in his state without resorting to hefty tax increases. At the time of the ad, Dukakis enjoys a 17-point lead over Bush in the polls. Bush campaign strategists, led by campaign manager Lee Atwater, have learned from focus groups that conservative Democratic voters, which some call “Reagan Democrats,” are not solid in their support of Dukakis, and are swayed by reports that he vetoed legislation requiring teachers to say the Pledge of Allegiance at the beginning of the school day. They also react negatively when they learn that during Dukakis’s tenure as governor, Horton had been furloughed and subsequently raped a white woman. Atwater and the Bush campaign decide that Dukakis can successfully be attacked as a “liberal” who is “not patriotic” and is “soft on crime.” Atwater, who has a strong record of appealing to racism in key voting groups (see 1981), tells Republican Party officials, “By the time this election is over, Willie Horton will be a household name.” Although Dukakis had vetoed a bill mandating the death penalty for first-degree murder in Massachusetts, he did not institute the furlough program; that was signed into law by Republican governor Francis Sargent in 1972. The ads and the accompanying media blitz successfully avoid telling voters that Sargent, not Dukakis, instituted the furlough program. [Regardie's Magazine, 10/1/1990; Inside Politics (.org), 1999]
Running the Horton Ad - The ad is sponsored by an ostensibly “independent” political organization, the conservative National Security Political Action Committee (NSPAC), headed by former Chairman of the Joint Chief of Staff Thomas Moorer. NSPAC’s daughter organization “Americans for Bush” actually put together the ad, created by marketer Larry McCarthy in close conjunction with Atwater and other Bush campaign aides; Atwater determined months before that the Horton ad should not come directly from the Bush campaign, but from an “independent” group supporting Bush, thus giving the Bush campaign the opportunity to distance itself from the ad, and even criticize it, should voters react negatively towards its message (see June-September 1988). The first version of the ad does not use the menacing mug shot of Horton, which McCarthy later says depicts “every suburban mother’s greatest fear.” McCarthy and Atwater feared that the networks would refuse to run the ad if it appeared controversial. However, the network censors do not object, so McCarthy quickly substitutes a second version of the ad featuring the mug shot. When Democrats and progressive critics of the Bush campaign complain that Bush is running a racist ad, Bush media adviser Roger Ailes says that neither he nor the campaign have any control over what outside groups like “Americans for Bush” put on the airwaves. InsidePolitics will later write, “This gave the Bush camp plausible deniability that helped its candidate avoid public condemnation for racist campaigning.”
Accompanying Newspaper Reports, Bush Campaign Ads - The ad airs for the first time on September 21. On September 22, newspapers around the nation begin publishing articles telling the story of Angie and Clifford Barnes, victimized by Horton while on furlouogh. On October 5, the Bush campaign releases a “sister” television ad, called “Revolving Door.” Scripted by Ailes, the commercial does not mention Horton nor does it show the now-infamous mug shot, but emphasizes the contention that Dukakis is “soft on crime” and has what it calls a “lenient” furlough policy for violent convicts. The central image of the ad is a stream of African-American inmates moving slowly in and out of a revolving gate. The voiceover says that Dukakis had vetoed the death penalty and given furloughs to “first-degree murderers not eligible for parole. While out, many committed other crimes like kidnapping and rape.” At the same time, Clifford Barnes and the sister of the youth murdered by Horton embark on a nationwide speaking tour funded by a pro-Bush independent group known as the Committee for the Presidency. Barnes also appears on a number of television talk shows, including those hosted by Oprah Winfrey and Geraldo Rivera. Barnes and the victim’s sister also appear in two “victim” ads, where Barnes says: “Mike Dukakis and Willie Horton changed our lives forever.… We are worried people don’t know enough about Mike Dukakis.” In 1999, InsidePolitics will write that the media gives the “Revolving Door” ad a “courteous reception,” and focuses more on the two ads’ impact on the election, and the Dukakis campaign’s lack of response, instead of discussing the issues of race and crime as portrayed by the ads. It is not until October 24, less than two weeks before the election, that anyone in the mainstream media airs footage of critics questioning whether the ads are racially inflammatory, but these appearances are few and far between, and are always balanced with appearances by Bush supporters praising the campaign’s media strategy. [Inside Politics (.org), 1999; Inside Politics (.org), 1999; University of Virginia, Introduction to American Politics, 11/18/2009]
Denials - Bush and his vice presidential candidate Dan Quayle will deny that the ads are racist, and will accuse Democrats of trying to use racism to stir up controversy (see October 1988).
Failure to Respond - The Dukakis campaign will make what many political observers later characterize as a major political blunder: it refuses to answer the ads or dispute their content until almost the last days of the campaign, hoping that viewers would instead conclude that the ads are unfair without the Dukakis campaign’s involvement. The ads will be hugely successful in securing the election for Bush (see September-November 1988). [Museum of the Moving Image, 2008]

Entity Tags: Angie Barnes, Clifford Barnes, Committee for the Presidency, Dan Quayle, George Herbert Walker Bush, Americans for Bush, InsidePolitics (.org), Francis Sargent, Michael Dukakis, William (“Willie”) Horton, Lee Atwater, National Security Political Action Committee, Thomas Moorer, Roger Ailes, Larry McCarthy

Timeline Tags: Domestic Propaganda, Elections Before 2000

The “Willie Horton” ad campaign, a pair of ads launched by an “independent” organization on behalf of the Bush re-election campaign and by the Bush campaign itself (see June-September 1988 and September 21 - October 4, 1988), is considered an immediate success by veteran political observers, in spite of what many call its overtly racist appeal. Because the first ad, “Weekend Pass,” was the product of an ostensibly independent organization, the Bush campaign is able to keep a distance between itself and the ad. In the last weeks of the campaign, some polls show that voters blame President Bush and Democrat Michael Dukakis almost equally for the negative tone of the campaign. While the ads only ran a relatively small number of times, news networks run the ads repeatedly, often adding their own analysis while the images of the ads run in the background. According to InsidePolitics, only once does any journalist challenge the “deceptive information from Bush’s crime ads.… By amplifying Bush’s claims, news reporters gave the ads even greater legitimacy than otherwise would have appeared. News accounts quoted election experts who noted that Bush’s tactics were effective and that Dukakis’ failure to respond was disastrous. Because these assessments appeared in the high credibility framework of news broadcasts, they came across as more believable than had they been aired only as paid advertisements.” The “Weekend Pass” and “Revolving Door” ads have a palpable effect on the electorate, energizing voters who cite “law and order” as one of their major concerns for the nation, and driving many of them towards voting for Bush. Less discussed but equally powerful is the racial effect of the ads. Polls show that many white voters feel fearful because of the ads, and feel that Bush, not Dukakis, will make them safer from crime. InsidePolitics notes that the Bush campaign “had picked the perfect racial crime, that of a black felon raping a white woman.” Later research will show that many viewers saw the Horton case as more about race than crime; many subjects exposed to news broadcasts about the Horton case responded in racial terms, with studies finding that the ads “mobilized whites’ racial prejudice, not their worries about crime.” InsidePolitics will write: “Viewers became much more likely to feel negatively about blacks in general after having heard the details of the case. It was an attack strategy that worked well on several different levels for Republicans.” [Inside Politics (.org), 1999; University of Virginia, Introduction to American Politics, 11/18/2009] After the election, a New York Times voter poll will rate the “Revolving Door” ad as the single most influential ad of the campaign. The ad was particularly effective among white women, many of whom said that after watching it during the campaign, they began to view Bush as “stronger on crime” and as the candidate who would keep them “safer.” In 1999, InsidePolitics will write that voters often conflated the two ads, and it is unclear from poll responses whether they differentiated between the independently produced ad and the Bush campaign ad. InsidePolitics also notes the powerful impact of the Horton ad’s clear reference to rape. Dukakis’s campaign manager Susan Estrich will say: “The symbolism was very powerful… you can’t find a stronger metaphor, intended or not, for racial hatred in this country than a black man raping a white woman.… I talked to people afterward.… Women said they couldn’t help it, but it scared the living daylights out of them.” [Inside Politics (.org), 1999]

Entity Tags: Michael Dukakis, William (“Willie”) Horton, George Herbert Walker Bush, Susan Estrich, InsidePolitics (.org)

Timeline Tags: Domestic Propaganda, Elections Before 2000

The “Willie Horton” (a.k.a. “Weekend Pass”) campaign ad, produced by an “independent” political organization on behalf of the Bush re-election campaign (see June-September 1988 and September 21 - October 4, 1988), and the Bush campaign’s accompanying ad, “Revolving Door,” draw accusations from the Democratic challenger, Michael Dukakis, that they are racist in their appeals. President Bush denies the accusations that race has anything to do with the ads, or even that racism exists. He calls the Dukakis accusations “some desperation kind of move,” and says: “There isn’t any racism. It’s absolutely ridiculous.” Dukakis is leveling these accusations, Bush says, because he “is weak on crime and defense and that’s the inescapable truth.” Bush accuses Dukakis of lying about his record, and accuses the Democrat of both racist and sexist behavior, though he gives no details or evidence. Bush’s vice-presidential candidate, Dan Quayle, agrees, and accuses the Dukakis campaign of behaving in a racist manner, saying: “It’s totally absurd and ridiculous. I think it shows just how desperate they really are, to start fanning the flames of racism in this country.” Civil rights leader Jesse Jackson has accused the Bush campaign of trying to incite racial fears through the Horton ad, and Dukakis’s vice-presidential candidate, Lloyd Bentsen, says there seems to be “a racial element” in the Bush campaign’s strategy. In contrast to Bush’s denials, Bush media adviser Roger Ailes jokes with reporters about the ads, saying that the campaign’s only question about the Horton ad was whether to portray Horton “with a knife in his hand or without it,” and accuses Dukakis’s campaign of spreading racism about Hispanics in its own ads. Bush states that he is “fully behind” both the “Weekend Pass” and “Revolving Door” ads. [New York Times, 10/25/1988]

Entity Tags: Lloyd Bentsen, Dan Quayle, George Herbert Walker Bush, Jesse Jackson, William (“Willie”) Horton, Michael Dukakis, Roger Ailes

Timeline Tags: Domestic Propaganda, Elections Before 2000

Two Democratic organizations in Ohio file a complaint with the Federal Election Commission (FEC) in the matter of the now-infamous “Willie Horton” ads used to great effect by the Bush re-election campaign (see June-September 1988 and September 21 - October 4, 1988). The complaint alleges that the ostensibly independent political organization that created and financed the first ad, the National Security Political Action Committee (NSPAC), violated the law on independent expenditures (see May 1990 and After). The complaint uncovers numerous connections between NSPAC and the Bush campaign. However, the FEC refuses to charge the Bush campaign with campaign finance violations. [Inside Politics (.org), 1999]

Entity Tags: National Security Political Action Committee, Federal Election Commission, George Herbert Walker Bush

Timeline Tags: Civil Liberties, Domestic Propaganda, Elections Before 2000

African-American writer Anthony Walton writes for the New York Times Magazine his thoughts on the overtly racist “Willie Horton” ad campaign launched the year before by the Bush re-election campaign (see June-September 1988 and September 21 - October 4, 1988). Walton writes: “George Bush and his henchmen could not have invented Willie Horton. Horton, with his coal-black skin; huge, unkempt Afro, and a glare that would have given Bull Connor or Lester Maddox [infamous white supremacists who abused African-Americans in the 1950s and ‘60s] serious pause, had committed a brutal murder in 1974 and been sentenced to life in prison. Then, granted a weekend furlough from prison, had viciously raped a white woman in front of her fiance, who was also attacked. Willie Horton was the perfect symbol of what happened to innocent whites when liberals (read Democrats) were on the watch, at least in the gospel according to post-Goldwater Republicans. Horton himself, in just a fuzzy mug shot, gave even the stoutest, most open, liberal heart a shiver. Even me. I thought of all the late nights I had ridden in terror on the F and A trains, while living in New York City. I thought Willie Horton must be what the wolf packs I had often heard about, but never seen, must look like. I said to myself, ‘Something has got to be done about these n_ggers.’” Walton recounts several instances where he himself has been the victim of racism, and notes that in many eyes, he and Horton are interchangeable: “If Willie Horton would become just a little middle-class, he would look like me.… [I]n retrospect, I can see that racism has always been with me, even when I was shielded by love or money, or when I chose not to see it. But I saw it in the face of Willie Horton, and I can’t ignore it, because it is my face.” [New York Times Magazine, 8/20/1989]

Entity Tags: William (“Willie”) Horton, Anthony Walton

Timeline Tags: Domestic Propaganda

The Supreme Court, in the case of Austin v. Michigan Chamber of Commerce, rules that the Michigan Chamber of Commerce (MCC) cannot run newspaper advertisements in support of a candidate for the state legislature because the MCC is subject to the Michigan Campaign Finance Act, which prohibits corporations from using treasury money to support or oppose candidates running for state offices. The Court finds that corporations can use money only from funds specifically designated for political purposes. The MCC holds a political fund separate from its other monies, but wanted to use money from its general fund to buy political advertising, and sued for the right to do so. The case explored whether a Michigan law prohibiting such political expenditures is constitutional. The Court agrees 7-2 that it is constitutional. Justices Antonin Scalia and Anthony Kennedy dissent, arguing that the government should not require such “segregated” funds, but should allow corporations and other such entities to spend their money on political activities without such restraints. [Public Resource (.org), 1990; Casebriefs, 2012; Moneyocracy, 2/2012] The 2010 Citizens United ruling (see January 21, 2010) will overturn this decision, with Scalia and Kennedy voting in the majority, and Kennedy writing the majority opinion.

Entity Tags: Michigan Chamber of Commerce, Anthony Kennedy, Michigan Campaign Finance Act, US Supreme Court, Antonin Scalia

Timeline Tags: Civil Liberties

The Ohio Democratic party and a group called Black Elected Democrats of Ohio file a complaint with the Federal Election Commission (FEC) over the infamous “Willie Horton” campaign ad of 1988 (see September 21 - October 4, 1988), claiming that the “outside” organization that released the ad, the National Security Political Action Committee (NSPAC), violated the law on independent expenditures, and that NSPAC functioned as an arm of the 1988 Bush presidential campaign. According to the complaint, it was legal for NSPAC to expend funds criticizing Democratic presidential candidate Michael Dukakis and supporting President Bush’s election only if the expenditures were independent and uncoordinated between the two organizations. Any spending that was made “in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, his authorized political committees, or their agents,” represented an illegal “in-kind contribution” in excess of federal contribution limits. The FEC conducts an investigation into the relationship between NSPAC and the Bush campaign. The investigation uncovers several ties between the two organizations. For example, Larry McCarthy, the NSPAC media consultant who, as a top marketing expert for the NSPAC’s “Americans for Bush” organization, created the Horton ad, worked for top Bush campaign adviser Roger Ailes; McCarthy was a former senior vice president of Ailes Communications, Inc. (ACI), which functioned as the main media consulting firm for the Bush campaign. McCarthy tells investigators he worked at ACI until January 1987, but continued to work with ACI on “a contractual basis” until December 1987, when he began working as Senator Robert Dole (R-KS)‘s media consultant. McCarthy admits to having a number of contacts with Ailes during the Bush-Dukakis campaign, but says some of them were “of a passing social nature,” such as “running into one another in restaurants or at airports.” He denies discussing “anything relative to the Bush presidential campaign, NSPAC, or political matters.” McCarthy’s story is contradicted by Ailes, who tells the FEC that he had talked to McCarthy twice about opportunities to work for the Bush campaign, opportunities Ailes says McCarthy lost by working for NSPAC. The FEC also discovers that another former ACI employee, Jesse Raiford of Raiford Communications, worked on the Horton ad, and while doing so “simultaneously received compensation from NSPAC and the Bush campaign.” Raiford also “expended NSPAC funds for the production of the Willie Horton ad.” Though there is clear evidence of illegal connections and complicity between the Bush campaign and NSPAC, the FEC’s Board of Commissioners deadlock 3-3 on voting whether to bring formal charges against the two organizations. The swing vote, commissioner Thomas Josefiak, says the explanations from Ailes and McCarthy about their lack of substantive contacts during the campaign “were plausible and reasonably consistent.” Josefiak says both were guilty of “bad judgment” and may have acted “foolish[ly],” but did nothing warranting legal action. The FEC also determines that Raiford only “performed technical tasks” for the two organizations, “and played no role in any substantive or strategic decisions made by either organization.” The commissioners conclude that neither organization violated campaign finance law. [Inside Politics (.org), 1999]

Entity Tags: Federal Election Commission, Americans for Bush, Ailes Communications, Thomas Josefiak, Democratic Party of Ohio, Roger Ailes, National Security Political Action Committee, George Herbert Walker Bush, Jesse Raiford, Raiford Communications, Larry McCarthy, Black Elected Democrats of Ohio, Michael Dukakis

Timeline Tags: Civil Liberties, Domestic Propaganda, Elections Before 2000

GOPAC logo.GOPAC logo. [Source: Mullings (.com)]A New York Times editorial derides a recent effort by a conservative political action committee to label political opponents with slanderous epithets. According to the editorial, GOPAC, the GOP Political Action Committee chaired by Representative Newt Gingrich (R-GA), has issued a glossary mailed to Republican state legislative candidates urging them to use the following words to characterize their Democratic opponents: “sick,” “traitors,” “bizarre,” “self-serving,” “shallow,” “corrupt,” “pathetic,” and “shame.” GOPAC later “regretted” including the word “traitors” in that list of characterizations, the editorial reports, but has continued to back the use of the other epithets. The glossary is part of a pamphlet entitled “Language: A Key Mechanism of Control,” and features a letter from Gingrich advising the candidates to step up the personal invective against their opponents because, he writes, vilification works. The Times writes: “Mr. Gingrich’s injunction represents the worst of American political discourse, which reached a low during the dispiriting presidential campaign of 1988 (see September 21 - October 4, 1988). Then, more than ever before, negative argument displaced reasoned discussion about how a nation might best be governed. The sound bite reigned. Attack commercials flourished. The signs this year aren’t any better. Evidence that negative campaigning can come back to sink the sender has had little impact. The races for governor in California and Texas have already seen the same slash and burn. No doubt the proceedings will grow more rabid still as November nears. Negative discourse serves democracy poorly. The temptation to avoid serious debate is already great. It increases as the stakes soar and slander becomes a rewarding, easy option. The issues of the day go untended. The whole affair takes on the character of the gladiator’s art. The GOPAC glossary may herald a descent into even lower levels of discourse. It comes blessed by a politician of some influence—the Republican whip in the House—and it is intended for candidates on the state level, many of them presumably running for the first time. Even though Mr. Gingrich himself may not have seen the list before it was mailed, this is a disturbing document. The nakedness of the GOPAC offering also makes it useful. There must be limits to the negative politics that voters will bear; the bald appeal to invective will certainly probe those limits. For now, it should be said that some adjectives in the glossary aptly describe the glossary itself: shallow, sensationalist, and, yes, shame(ful).” [New York Times, 9/20/1990; Propaganda Critic, 9/29/2002; Propaganda Critic, 9/29/2002] Later in the year, the pamphlet will win the Doublespeak Award from the National Conference of Teachers of English. [Propaganda Critic, 9/29/2002] Gingrich and GOPAC will expand upon the original pamphlet in 1995, after Gingrich becomes speaker of the House (see 1995).

Entity Tags: National Conference of Teachers of English, New York Times, Newt Gingrich, GOP Political Action Committee

Timeline Tags: Domestic Propaganda, Elections Before 2000

Radio personality Rush Limbaugh hosts his own late-night television show; Roger Ailes, the Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988), is his executive producer. On this show, Limbaugh gives his response to African-American filmmaker Spike Lee’s recommendation that African-American children be allowed to skip school to watch his biographical docudrama Malcolm X: “Spike, if you’re going to do that, let’s complete the education experience. You should tell them that they should loot the theater and then blow it up on their way out.” [Media Matters, 10/27/2009] Ailes will go on to found Fox News (see October 7, 1996).

Entity Tags: Shelton Jackson (“Spike”) Lee, Fox News, Rush Limbaugh, Roger Ailes

Timeline Tags: Domestic Propaganda

Radio personality Rush Limbaugh hosts his own late-night television show; Roger Ailes, the Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988), is Limbaugh’s executive producer. On this show, Limbaugh notes a recent comment of Senator Strom Thurmond (R-SC), who told a gay solder that his lifestyle was “not normal” and advised the soldier to get psychiatric help. Thurmond, who ran for president in 1948 on an explicitly racist, segregationist third-party platform and who led the “Dixiecrat” exodus of Southern racists out of the Democratic Party (see March 12, 1956 and After), is praised by Limbaugh. The commentator says of Thurmond: “He is not encumbered by trying to be politically correct. He’s not encumbered by all of the—the so-called new niceties and proprieties. He just says it, and if you want to know what America used to be—and a lot of people wish it still were—then you listen to Strom Thurmond.… He got a standing ovation. Now people—people applauded that. People applaud—because—you know, Strom Thurmond can say it because he’s 90 years old and people say: ‘Ah, he’s just an old coot. He’s from the old days,’ and so forth. But that’s what most people think. They just don’t have the guts to say it. That’s why they applaud when somebody does say it that directly and that simply.” [Media Matters, 10/27/2009] Ailes will go on to found Fox News (see October 7, 1996).

Entity Tags: Roger Ailes, Fox News, Strom Thurmond, Rush Limbaugh

Timeline Tags: Domestic Propaganda

Fox News logo.Fox News logo. [Source: Fox News]Fox News begins broadcasting on US cable television. Fox News provides 24-hour news programming alongside the nation’s only other such cable news provider, CNN. Fox executive Roger Ailes, a former campaign adviser for Richard Nixon, Ronald Reagan and George H. W. Bush (see 1968, January 25, 1988, and September 21 - October 4, 1988), envisions Fox News as a conservative “antidote” to what he calls the “liberal bias” of the rest of American news broadcasting. Ailes uses many of the methodologies and characteristics of conservative talk radio, and brings several radio hosts on his channel, including Sean Hannity and Bill O’Reilly, to host television shows. [Jamieson and Cappella, 2008, pp. 47; New York Magazine, 5/22/2011] Referring to Ailes’s campaign experience, veteran Republican consultant Ed Rollins later says: “Because of his political work, he understood there was an audience. He knew there were a couple million conservatives who were a potential audience, and he built Fox to reach them.” [New York Magazine, 5/22/2011]
Ailes Planned for Fox News as Far Back as 1970 - Ailes began envisioning a conservative news provider to counter what he considers the mainstream media’s “liberal bias” as early as 1970, when he became heavily involved with a Nixon administration plan to plant conservative propaganda in news outlets across the nation (see Summer 1970). In 1971, he headed a short-lived private conservative television news network, Television News Incorporated (TVN—see 1971-1975), which foundered in 1975 in part because of its reporters and staffers balking at reporting Ailes-crafted propaganda instead of “straight” news. Ailes told a New York Times reporter in 1991 that he was leaving politics, saying: “I’ve been in politics for 25 years. It’s always been a detour. Now my business has taken a turn back to my entertainment and corporate clients.” But Ailes misinformed the reporter. He continued to work behind the scenes on the 1992 Bush re-election campaign, providing the campaign with attack points against Democratic contender Bill Clinton (D-AR) and earning the nickname “Deep Throat” from Bush aides. Though Ailes did do work in entertainment, helping develop tabloid television programs such as The Maury Povich Show and heading the cable business news network CNBC for three years, Ailes has continued to stay heavily involved in Republican politics ever since. Ailes became involved in the creation of Fox News in early 1996 after he left NBC, which had canceled his show America’s Talking and launched a new cable news network, MSNBC, without asking for Ailes’s involvement. Fox News is owned by News Corporation (sometimes abbreviated NewsCorp), an international media conglomerate owned by conservative billionaire Rupert Murdoch. When NBC allowed Ailes to leave, Jack Welch, the chairman of NBC’s parent company General Electric, said, “We’ll rue the day we let Roger and Rupert team up.” Murdoch has already tried and failed to buy CNN, and has already begun work on crafting news programs with hard-right slants, such as a 60 Minutes-like show that, reporter Tim Dickinson will write, “would feature a weekly attack-and-destroy piece targeting a liberal politician or social program.” Dan Cooper, the managing editor of the pre-launch Fox News, later says, “The idea of a masquerade was already around prior to Roger arriving.” Eric Burns, who will work for ten years as a Fox News media critic before leaving the network, will say in 2011: “There’s your answer right there to whether Fox News is a conventional news network or whether it has an agenda. That’s its original sin.” To get Fox News onto millions of cable boxes at once, Murdoch paid hundreds of millions of dollars to cable providers to air his new network. Murdoch biographer Neil Chenoweth will later write: “Murdoch’s offer shocked the industry. He was prepared to shell out half a billion dollars just to buy a news voice.” Dickinson will write, “Even before it took to the air, Fox News was guaranteed access to a mass audience, bought and paid for.” Ailes praised Murdoch’s “nerve,” saying, “This is capitalism and one of the things that made this country great.” [New York Magazine, 5/22/2011; Rolling Stone, 5/25/2011]
Using Conservative Talk Radio as Template - In 2003, NBC’s Bob Wright will note that Fox News uses conservative talk radio as a template, saying: “[W]hat Fox did was say, ‘Gee, this is a way for us to distinguish ourselves. We’re going to grab this pent-up anger—shouting—that we’re seeing on talk radio and put it onto television.’” CBS News anchor Dan Rather will be more critical, saying that Fox is a reflection of Murdoch’s own conservative political views. “Mr. Murdoch has a business, a huge worldwide conglomerate business,” Rather says. “He finds it to his benefit to have media outlets, press outlets, that serve his business interests. There’s nothing wrong with this. It’s a free country. It’s not an indictable offense. But by any clear analysis the bias is towards his own personal, political, partisan agenda… primarily because it fits his commercial interests.” [New Yorker, 5/26/2003]
Putting Ideology Over Journalistic Ethics, Practices - Ailes, determined not to let journalists with ethical qualms disrupt Fox News as they had his previous attempt at creating a conservative news network (see 1971-1975), brought a hand-picked selection of reporters and staffers with demonstrable conservative ideologies from NBC, including business anchor Neil Cavuto and Steve Doocy, who hosts the morning talk show “Fox and Friends.” Both Cavuto and Doocy are Ailes loyalists who, Dickinson will say, owe their careers to Ailes. Ailes then tapped Brit Hume, a veteran ABC correspondent and outspoken conservative, to host the main evening news show, and former Bush speechwriter Tony Snow as a commentator and host. John Moody, a forcefully conservative ABC News veteran, heads the newsroom. Ailes then went on a purge of Fox News staffers. Joe Peyronnin, who headed the network before Ailes displaced him, later recalls: “There was a litmus test. He was going to figure out who was liberal or conservative when he came in, and try to get rid of the liberals.” Ailes confronted reporters with suspected “liberal bias” with “gotcha” questions such as “Why are you a liberal?” Staffers with mainstream media experience were forced to defend their employment at such venues as CBS News, which he calls the “Communist Broadcast System.” He fired scores of staffers for perceived liberal leanings and replaced them with fiery young ideologues whose inexperience helps Ailes shape the network to his vision. Before the network aired its first production, Ailes had a seminal meeting with Moody. “One of the problems we have to work on here together when we start this network is that most journalists are liberals,” he told Moody. “And we’ve got to fight that.” Reporters and staffers knew from the outset that Fox, despite its insistence on being “fair and balanced” (see 1995), was going to present news with a conservative slant, and if that did not suit them, they would not be at Fox long. A former Fox News anchor later says: “All outward appearances were that it was just like any other newsroom. But you knew that the way to get ahead was to show your color—and that your color was red.” The anchor refers to “red” as associated with “red state,” commonly used on news broadcasts to define states with Republican majorities. Ailes will always insist that while his network’s talk-show hosts, such as O’Reilly, Hannity, and others, are frankly conservative, Fox’s hard-news shows maintain what he calls a “bright, clear line” that separates conservative cant from reported fact. In practice, this is not the case. Before Fox aired its first broadcast, Ailes tasked Moody to keep the newsroom in line. Early each morning, Ailes has a meeting with Moody, often with Hume on speakerphone from the Washington office, where the day’s agenda is crafted. Moody then sends a memo to the staff telling them how to slant the day’s news coverage according to the agenda of those on “the Second Floor,” as Ailes and his vice presidents are known. A former Fox anchor will later say: “There’s a chain of command, and it’s followed. Roger talks to his people, and his people pass the message on down.” After the 2004 presidential election, Bush press secretary Scott McClellan will admit, “We at the White House were getting them talking points.”
Targeting a Niche Demographic - Fox New’s primary viewership defies most demographic wisdom. According to information taken in 2011, it averages 65 years of age (the common “target demographic” for age is the 18-24 bracket), and only 1.38% of its viewers are African-American. Perhaps the most telling statistics are for the Hannity show: 86% describe themselves as pro-business, 84% believe government “does too much,” 78% are “Christian conservatives,” 78% do not support gay rights, 75% are “tea party backers,” 73% support the National Rifle Association, 66% lack college degrees, and 65% are over age 50. A former NewsCorp colleague will say: “He’s got a niche audience and he’s programmed to it beautifully. He feeds them exactly what they want to hear.” Other polls from the same time period consistently show that Fox News viewers are the most misinformed of all news consumers, and one study shows that Fox News viewers become more misinformed the more they watch the network’s programming.
Ailes's Security Concerns Affect Operations, Broadcasting - Ailes is uncomfortable in his office, a second-floor corner suite in the Fox News building at 1211 Avenue of the Americas in Manhattan. His office is too close to the street for his tastes; he believes that gay activists intend to try to harm him, either by attacks from outside the building or through assaults carried out from inside. He also believes that he is a top target for al-Qaeda assassins. Ailes barricades himself behind an enormous mahogany desk, insists on having “bombproof” glass installed in the windows, surrounds himself with heavily-armed bodyguards, and carries a firearm (he has a concealed-carry permit). A monitor on his desk shows him what is transpiring outside his office door; once, when he sees a dark-skinned man wearing what he thought was Muslim garb on the monitor, he will order an immediate lockdown of the entire building, shouting, “This man could be bombing me!” The man will turn out to be a janitor. A source close to Ailes will say, “He has a personal paranoia about people who are Muslim—which is consistent with the ideology of his network.” A large security detail escorts him daily to and from his Garrison, New Jersey home to his Manhattan offices; in Garrison, his house is surrounded by empty homes Ailes has bought to enhance his personal security. According to sources close to Ailes, Fox News’s slant on gay rights and Islamist extremism is colored by Ailes’s fear and hatred of the groups.
'We Work for Fox' - Sean Wilentz, a Princeton historian and Reagan biographer, will say: “Fox News is totalized: It’s an entire network, devoted 24 hours a day to an entire politics, and it’s broadcast as ‘the news.’ That’s why Ailes is a genius. He’s combined opinion and journalism in a wholly new way—one that blurs the distinction between the two.” Dickinson will write: “Fox News stands as the culmination of everything Ailes tried to do for Nixon back in 1968. He has created a vast stage set, designed to resemble an actual news network, that is literally hard-wired into the homes of millions of America’s most conservative voters. GOP candidates then use that forum to communicate directly to their base, bypassing the professional journalists Ailes once denounced as ‘matadors’ who want to ‘tear down the social order’ with their ‘elitist, horse-dung, socialist thinking.’ Ironically, it is Ailes who has built the most formidable propaganda machine ever seen outside of the Communist bloc, pioneering a business model that effectively monetizes conservative politics through its relentless focus on the bottom line.” Former Bush speechwriter David Frum will observe: “Republicans originally thought that Fox worked for us. Now we’re discovering that we work for Fox.” [New York Magazine, 5/22/2011; Rolling Stone, 5/25/2011]

Entity Tags: Eric Burns, Tim Dickinson, Neil Cavuto, Dan Cooper, Steve Doocy, Joe Peyronnin, John Moody, David Frum, Sean Wilentz, News Corporation, Scott McClellan, Jack Welch, Tony Snow, MSNBC, Brit Hume, Television News Incorporated, Ronald Reagan, Roger Ailes, CNN, Fox News, CNBC, George Herbert Walker Bush, Sean Hannity, Neil Chenoweth, Ed Rollins, William Jefferson (“Bill”) Clinton, Bill O’Reilly, Nixon administration, Dan Rather, Bob Wright, Rupert Murdoch

Timeline Tags: Domestic Propaganda

Part of the ‘voter purge’ lists that illegally disenfranchised thousands of Florida voters.Part of the ‘voter purge’ lists that illegally disenfranchised thousands of Florida voters. [Source: Salon]Soon after Jeb Bush (R-FL) becomes governor of Florida minority voters are increasingly purged from the Florida voting rolls. In his unsuccessful 1994 run for governor, Bush had won the animus of African-American voters by showing a lack of interest in their concerns; during one debate, when asked what he would do for Florida’s black community, he answered, “Probably nothing.” He avoided such comments in his 1998 campaign, and won the election though he secured only 10 percent of the black vote. In his first year as governor, Bush eliminates many affirmative action programs and replaces them with what he calls the “One Florida Initiative,” which in effect grants state contracts almost exclusively to white male business owners. Black legislators, led by Democratic State Senator Kendrick Meek among others and joined by the NAACP, decide that they will mount a voter registration drive—“We’ll Remember in November”—to defeat Governor Bush and his allies, and to challenge Bush’s brother, Texas Governor George W. Bush, in his drive to the presidency (see 9:54 p.m. December 12, 2000). Veteran civil rights leader Elmore Bryant later says, “We didn’t need George W. doing to the whole nation what Jeb was doing to Florida.” Some Florida NAACP officials have a nickname for the governor: “Jeb Crow.” Black voters begin registering in unprecedented numbers.
Removing Black 'Felons' from the Rolls, Keeping Other Blacks Off - Bush and his allies decide to begin focusing on convicted felons (see June 24, 1974), pivoting off of a 1997 discovery that 105 convicted felons had illegally voted in a Miami mayoral election. Under Florida law, convicted felons are ineligible to vote. Seventy-one percent of convicted felons found on county voting rolls are registered Democrats, and the majority of those are black. Bush and the Republican-led Florida legislature pushes through a sweeping voter fraud bill opposed by almost every county elections supervisor in Florida. It mandates the strict enforcement of an obsolete 1868 law that took the vote away from all former prisoners who had not received clemency from the governor’s office no matter what their crimes or their circumstances. Only 14 states do not automatically restore a convicted citizen’s civil rights upon the completion of their prison sentence; Florida is one of those states. Florida’s population is only 15 percent black, but its prison population is 54 percent black—a huge disproportion. Convicted felons who ask for clemency usually are denied such clemency, no matter how much they had managed to clean up their lives—by 2000, less than 0.5 percent of former prisoners have regained their rights to vote. Meek later says that he has helped 175 former felons apply for clemency; only nine, he will say, succeed in regaining their voting rights. 17 percent of Florida’s black voting-age males are disenfranchised as of 2000. Florida leads the nation in its number of disenfranchised voters. Moreover, Florida leads the nation in charging juveniles with felonies, thusly depriving young citizens of their rights to vote even before they are old enough to exercise them. Democratic State Senator Daryl Jones says: “And every year the Florida legislature is trying to make more crimes felonies. Why? So they can eliminate more people from the voter rolls.… It’s been going on in Tallahassee for years.” By April 1998, as Jeb Bush’s campaign for governor is in full swing, the legislature mandated a statewide push to “purge” voter rolls of a wide variety of ineligible voters—those who have moved and registered in a different county or state, those considered mentally unstable, those who are deceased, and most significantly, convicted felons who have not had their rights restored. Voters such as Willie David Whiting, a Tallahassee pastor who has never been convicted of a crime, testified that they were denied their rights to vote because the lists conflated him with felon Willie J. Whiting. The purge list parameters considered him a “derived,” or approximate, match (see November 7, 2000). Whiting had to threaten to bring his lawyer to the precinct before being allowed to vote. “I felt like I was slingshotted back into slavery,” he testified. He tried to understand why he and so many others were denied their right to vote. “Does someone have a formula for stealing this election?” he says he asked himself. Overall, the new purge lists are hugely disproportionate in including black citizens. Hillsborough County’s voting population is 15 percent black, but 54 percent of its purged voters are black. Miami-Dade County’s voting population is 20 percent black, but 66 percent of its purged voters are black. Leon County’s voting population is 29 percent black, but 55 percent of its purged voters are black (see Early Afternoon, November 7, 2000).
Privatizing the Purge - The legislature contracts out the task of providing a “purge list” to a Tallahassee firm, Professional Analytical Services and Systems, using state databases. The results are riddled with errors that would cost huge numbers of Florida voters their right to vote. In August 1998. Ethel Baxter, the Director of the Florida Division of Elections, orders county elections supervisors not to release the list to the press in order to keep the list from generating negative publicity. Instead, the state awards a second contract, this time to Boca Raton’s Database Technologies (DBT). (DBT later merges with ChoicePoint, an Atlanta firm.) DBT produces two separate lists, one in 1999 and another in 2000, that included a total of 174,583 alleged felons. Later, a small number of convicts who had been granted clemency are removed from the list. The majority of the people on the lists were black, and presumably Democrats. DBT employees referred to the people on the list as “dirtbags,” among other epithets. When citizens begin learning that they are on the lists, and begin filing complaints, DBT product manager Marlene Thorogood expresses surprise. In an email, she says, “There are just some people that feel when you mess with their ‘right to vote’ your [sic] messing with their life.” By late 1999, it becomes apparent that the DBT lists are as riddled with errors as the first lists. Thousands of Florida citizens who had never been convicted of felonies, and in many cases no crimes at all, are on the lists. Some people’s conviction dates were given as being in the future. Angry complaints by the thousands inundated county elections supervisors, who in turn complain to Tallahassee.
Handling the Complaints - The person designated to compile the list is Emmett “Bucky” Mitchell IV, an assistant general counsel to the Florida Division of Elections. Mitchell, who is later promoted to a senior position in the Department of Education a week after the November 2000 elections, claims he tries to “err on the side of caution” in listing voters to be purged. But testimony and statements from county supervisors, state officials, DBT employees, and others paint a different picture. When warned in March 1999 of the likelihood of tens of thousands of “false positives”—names that should not be on the list but are because of similarities in names, birth dates, Social Security numbers, and the like—Mitchell tells Thorogood that the primary purpose of the lists is to include as many people as possible, false positives or not. It is the job of the county supervisors, he says, to weed out the legitimate voters from the lists. When told by DBT personnel that loose parameters for the names were causing an inordinate number of false positives, Mitchell, as directed by senior government officials, actually loosens the parameters instead of tightening them, ensuring tens of thousands more names on the list, and resultingly more false positives. DBT also includes names of convicted felons from other states in making up its lists, though 36 states automatically restore their prisoners’ rights upon completion of sentences. Thusly, over 2,000 residents of other states who had served their sentences, had their rights restored, and moved to Florida now find their voting rights illegally stripped by the purge list. In May 2000, some 8,000 names, mostly those of former Texas prisoners included on a DBT list, are found to have never committed anything more than a misdemeanor. Their names are eventually removed from the lists. (Subsequent investigations find that at least one of the Texas lists came from a company headed by a heavy Republican and Bush campaign donor.) Mitchell later admits that other such lists, equally erroneous, are incorporated into the purge lists, and those names are not removed. Before the 2000 elections, an appeals process is instituted, but it is tortuously slow and inefficient. Civil Rights Commission attorney Bernard Quarterman says in February 2001 that the people who filed appeals are, in essence, “guilty until proven innocent.” In its contract, DBT promises to check every name on the list before including it by both mail and telephone verifications, but it does not, and later contracts omit that procedure. Asked by Nation reporter John Lantigua about concerns with the lists, Mitchell dismisses them, saying: “Just as some people might have been removed from the list who shouldn’t have been, some voted who shouldn’t have.” Lantigua writes: “In other words, because an ineligible person may have voted somewhere else, it was acceptable to deny a legitimate voter the right to vote.” Mitchell verifies that he himself did not set the loose parameters for the lists, but that they came from Baxter in consultation with Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After).
County Supervisors Battle the Lists - Some county elections supervisors work diligently to comb through their lists and restore legitimate citizens’ voting rights. Leon County Elections Supervisor Ion Sancho testifies after the elections, “Our experience with the lists is that they are frequently erroneous.” He tells the Civil Rights Commission that he received one list with 690 names on it; after detailed checking by himself and his staff, 657 of those names were removed. Mitchell actually tells elections supervisors not to bother with such checks. Linda Howell, the elections supervisor for Madison County, later says: “Mr. Mitchell said we shouldn’t call people on the phone, we should send letters. The best and fastest way to check these matters was by phone, personal contact, but he didn’t want that.… We shouldn’t have had to do any of this. Elections supervisors are not investigators, and we don’t have investigators. It wasn’t our responsibility at all.” The process for unfairly purged voters to clear their names is slow and inefficient, and the backlog of voters waiting to have their names cleared by the Office of Executive Clemency was anywhere from six months to a year in duration. [Tapper, 3/2001; Nation, 4/24/2001]
Subsequent Investigation - A later investigation by the progressive news magazine The Nation will document widespread voter disenfranchisement efforts in Florida (see April 24, 2001).

Entity Tags: Professional Analytical Services and Systems, National Association for the Advancement of Colored People, Willie D. Whiting, Marlene Thorogood, US Commission on Civil Rights, Kendrick Meek, Katherine Harris, Bernard Quarterman, County of Hillsborough (Florida), ChoicePoint, County of Miami-Dade (Florida), Daryl Jones, John Lantigua, Database Technologies, Elmore Bryant, Ethel Baxter, John Ellis (“Jeb”) Bush, Emmett (“Bucky”) Mitchell, Ion Sancho, Florida Division of Elections, George W. Bush

Timeline Tags: 2000 Elections, Civil Liberties

David Bossie.David Bossie. [Source: C-SPAN]David Bossie, an investigator for Representative Dan Burton (R-IN), is fired from his position. Bossie recently leaked transcripts of prison conversations featuring former Clinton administration official Webster Hubbell, who will be convicted of defrauding clients and sentenced to prison in 2004. Bossie fraudulently edited the transcripts to have Hubbell imply that First Lady Hillary Clinton broke the law while the two worked together in an Arkansas law firm. Bossie cut out portions of Hubbell’s conversations exonerating her from any wrongdoing, and sometimes rewrote Hubbell’s words entirely. In response to the controversy, House Speaker Newt Gingrich (R-GA) says of Burton and the House Committee on Oversight and Government Reform, “I’m embarrassed for you, I’m embarrassed for myself, and I’m embarrassed for the [House Republican] conference at the circus that went on at your committee.” (In late April, Burton had called President Clinton a “scumbag,” further embarrassing Gingrich and the Republican leadership.) Bossie came to Burton’s staff from Citizens United (CU), which he joined in 1994 and soon rose to become director of government relations and communications. In 1988, as a member of Floyd Brown’s Presidential Victory Committee (PVC), Bossie helped produce the infamous Willie Horton ad (see September 21 - October 4, 1988). In 1992, as executive director of the PVC, Bossie oversaw the release of a fundraising letter accusing then-presidential candidate Bill Clinton of having an affair with an Arkansas woman, for use in an ad that falsely suggested it was the product of President Bush’s re-election campaign. Then-President Bush accused the PVC of engaging in “filthy campaign tactics,” and his son and campaign aide George W. Bush sent a letter asking donors not to give to the organization. Bossie has encouraged Burton to open an investigation into the suicide of Clinton administration aide Vince Foster (alleging that Foster was murdered as part of some unspecified White House plot, or perhaps an Israeli intelligence “black op”). While an aide to Senator Lauch Faircloth (R-NC), Bossie was found to have tried to intimidate a federal judge during a Whitewater-related investigation. Bossie has earned a reputation as a “Whitewater stalker,” combing Arkansas for “evidence” of crimes by the Clintons, and repeatedly making false and lurid allegations against the president and/or his wife. For a year, Bossie has promised that Burton’s committee would soon produce evidence of Chinese espionage and White House collusion, but any evidence of such a scandal has never been produced. A former lawyer for the Oversight Committee, John Rowley, has called Bossie’s actions “unrelenting self-promoti[on]” and challenged Bossie’s competence. Bossie says his transcripts were accurate (though the tapes of Hubbell’s conversations prove he is wrong), and blames committee Democrats for the controversy. [WorldNetDaily, 5/7/1998; Salon, 5/7/1998; Media Matters, 5/11/2004] WorldNetDaily reporter David Bresnahan writes that according to his sources, Bossie “was either extremely incompetent or was intentionally trying to sabotage” Burton’s investigations into the Clinton administration. Bresnahan also says that Burton allowed Bossie to resign instead of firing him, as other media sources report. [WorldNetDaily, 5/7/1998]

Entity Tags: Floyd Brown, David Bresnahan, Dan Burton, Clinton administration, Citizens United, William Jefferson (“Bill”) Clinton, Webster Hubbell, Presidential Victory Committee, David Bossie, House Committee on Oversight and Government Reform, John Rowley, Hillary Clinton, Newt Gingrich, George W. Bush, Vince Foster

Timeline Tags: Civil Liberties

John Prescott Ellis.John Prescott Ellis. [Source: Bush-Clinton Fraud (.com)]Fox News chairman Roger Ailes (see October 7, 1996), a Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988), chooses an unlikely reporter to anchor Fox’s election night coverage: John Prescott Ellis, a freelance Republican political adviser and the first cousin of George W. Bush (R-TX), the Republican presidential candidate. (Ellis is the son of George Herbert Walker Bush’s sister, Nancy Ellis.) Ellis was originally hired to cover the party primaries. A later study of voting patterns by the University of California will determine that in areas where voters have access to Fox News, the network’s relentless pro-Bush coverage shifts some 200,000 votes from Democrat Al Gore (D-TN) to Bush, but Ailes wants to make sure his network’s coverage is favorable to Bush, and has always had Ellis in mind for the election night anchor position, for which he specifically gives Ellis a 30-day contract. Ellis is very close to Bush’s brother Jeb Bush (R-FL), the sitting governor of Florida (“Jeb” is an acronym for his full name, John Ellis Bush). Ellis recused himself from campaign coverage in a June 1999 Boston Globe column, defending George W. Bush from allegations of cocaine use, calling the Clinton-Gore administration “morally berserk,” and telling his readers, “There is no way for you to know if I am telling you the truth about George W. Bush’s presidential campaign, because in his case, my loyalty goes to him and not to you.” Instead of this posing an ethical dilemma or being seen as a conflict of interest at Fox, Ellis is Ailes’s first and only choice to anchor the network’s election coverage. (Ailes will later tell a February 2001 House committee hearing, “We at Fox News do not discriminate against people because of their family connections”—see February 14, 2001.) [Washington Post, 11/14/2000; Salon, 11/15/2000; Observer, 11/19/2000; Associated Press, 12/11/2000; Buffalo Beat, 12/14/2000; Nation, 11/6/2006; New York Magazine, 5/22/2011] Ellis will pre-emptively call the election for Bush, sparking the Florida recount controversy and helping propel his cousin into the White House (see November 7-8, 2000). In a response to testimony in the same February 2001 House committee hearing, Joan Konner, a journalism professor who will lead a CNN-commissioned independent study of the problems in that network’s election night coverage, will call Ellis’s hiring a substantial breach of journalistic ethics and standards. “If John Ellis had, indeed, made comments stating that his loyalties to the Bush family superceded any commitment he has to his profession or his employer, then I would judge that to be not only a perceived conflict-of-interest but a real conflict-of-interest for a journalist,” she will write in a letter to Representative John Dingell (D-MI). “While that does not disqualify an individual from any position as a journalist, it would, in my judgement, disqualify that person for any decision-making role involving reporting on his relatives during an election. Often friends and relatives are hired by journalism organizations because of their connections to the newsmakers. Their access to sources makes them valuable to the organization. However, the news organization should take every precaution against placing such an individual in an assignment that could result in bias in reporting.” [House of Representatives, Committee on Energy and Commerce, 2/14/2001]

Entity Tags: John Ellis (“Jeb”) Bush, Fox News, Boston Globe, Albert Arnold (“Al”) Gore, Jr., George W. Bush, John Dingell, Roger Ailes, Nancy Ellis, Joan Konner, John Prescott Ellis

Timeline Tags: 2000 Elections, Domestic Propaganda

Thousands of African-American voters in Florida are illegally denied their right to vote, as is proven in many instances by subsequent investigations. Adora Obi Nweze, the president of the Florida State Conference of the NAACP, is told by election officials she cannot vote because she has already cast an absentee ballot, even though she has cast no such ballot. Cathy Jackson, a Broward County voter since 1996, was told falsely that she was not on the rolls and could not vote; she sees a white woman cast an “affidavit ballot” and asks if she can do the same, but is denied. Donnise DeSouza of Miami is told, falsely, that she is not on the voting rolls and is moved to the “problem line”; when the polls close, she is sent home without voting. Another voter, Lavonna Lewis, is in line to vote when the polls close. Though the law says that voters already in line can vote even after the polls close, she is sent home. She will later say she saw election officials allow a white male voter to get in line after the polls had closed.
US Representative Fights to Cast Vote - US Representative Corrine Brown (D-FL) is followed into her poll by a television crew. Officials there tell her that her ballot has been sent to Washington and therefore she cannot vote in Florida. Brown spends two and a half hours in the polling place before finally being allowed to vote. Brown later notes that she helped register thousands of African-American college students in the months prior to the election. “We put them on buses,” she will recall, “took them down to the supervisor’s office. Had them register. When it came time to vote, they were not on the rolls!” Many African-American voters like Wallace McDonald of Hillsborough County are denied their vote because they are told, falsely, that they are convicted felons whose right to vote has been stripped. The NAACP offices are inundated with telephone calls all day from voters complaining that their right to vote is being denied.
'Painful, Dehumanizing, Demoralizing' - Donna Brazile, campaign manager for the Gore campaign whose sister was illegally asked for three forms of identification in Seminole County before being allowed to vote, later says: “What happened that day—I can’t even put it in words anymore. It was the most painful, dehumanizing, demoralizing thing I’ve ever experienced in my years of organizing.” Hearings in early 2001 held by the US Commission on Civil Rights will record more than 30 hours of testimony from over 100 witnesses as to a wide array of racially based disenfranchisement. The commission will find that the election probably violated the Voting Rights Act of 1965, but Attorney General John Ashcroft will ignore the report.
Gadsden County - One exemplar of systematic disenfranchisement is seen in Gadsden County, one of Florida’s poorest counties, with 57 percent of its voters African-American. Its elections are supervised by white conservative Denny Hutchinson. Hutchinson refuses to take action to increase registration, put in more polling places, and other actions designed to increase voter turnout. Gadsden County Commissioner Ed Dixon later recalls: “He never advocated for any increased precincts, even though some of our people had to drive 30 miles to get to a poll. In the only county that’s a majority African-American, you want a decreased turnout.” After the votes have been tallied, Hutchinson’s deputy, African-American Shirley Green Knight, notices that over 2,000 ballots (out of 14,727 cast) are not included in the registered count. The reason? Gadsden uses a so-called “optiscan” balloting device, which allows voters to “bubble in” ovals with a pencil; these “bubbles” are scanned and the votes they indicate are tallied. Optiscan ballots are prone to register “overvotes,” essentially when the ballot indicates votes for two separate candidates in the same race. Overvotes are not machine-tallied. The machines have a sorting switch that when set to “on” causes the machine to record overvotes or “undervotes” (no vote recorded) in a separate category for later review and possible inclusion. Knight will learn that Hutchinson had insisted the machines’ switches be set to “off,” which rejects the overvotes without counting them at all. “I have no idea why he would do that,” Knight later says. When she learns of the problem, she asks Hutchinson to run the ballots through again with the sorting switch on, but he refuses. He is later overruled by the Gadsden canvassing board. When the ballots are run through a second time, the results are startlingly different. Gadsden uses a variant of the so-called “caterpillar ballot,” which lists candidates’ names in two columns. George W. Bush, Al Gore, and six other presidential candidates are listed in one column. The second column lists two more candidates, Monica Moorehead and Howard Phillips, and a blank for a “Write-In Candidate.” Hundreds of voters apparently believe that the second column is for an entirely different race, and vote not only for Bush or Gore, but for Moorehead or Phillips. And some voters vote for Gore and, to ensure clarity, write “Gore” in the write-in box. (Some, thoroughly confused by directions telling them to “Vote for ONE” and “Vote for Group,” bubble in all 10 presidential candidates and write “Gore” in the box.) None of these votes are originally counted. More sophisticated optiscan machines would refuse to accept the ballot, prompting the voter to correct the error. But Gadsden uses a cheaper machine that allows the error to go through unbeknownst to the voter. When Gadsden performs its machine recount, Gore will receive 153 additional votes from the erroneous optiscan. These will be included in the state’s final tally. However, over 2,000 of the “overvote” ballots will not be counted. Two-thirds of those ballots have Gore as their selection.
Duval County - Similar problems plague voters in Duval County. Duval, a large Democratic stronghold because of its inclusion of Jacksonville, is 29 percent African-American. Twenty-one thousand votes are thrown out as “overvotes.” Part of the problem is a sample-ballot insert placed in the newspaper by elections supervisor John Stafford, giving erroneous instructions as to how to complete the Duval ballot; any voter who follows these instructions does not have their votes tallied, though corrected instructions are posted in some Duval precincts. In the critical 72-hour period after the votes are complete, Gore campaign staffer Mike Langton will spend hours with Stafford, a white Republican, attempting to address the situation. Stafford lies to Langton and tells him Duval has “only a few” overvotes. It is not until after the deadline to ask for a machine recount has passed that Langton learns of the 21,000 uncounted votes. Nearly half of these are from four heavily African-American precincts that usually vote 90 percent Democratic. In theory, nearly 10,000 votes for Gore from Duval County will go untallied.
'Felons' and 'Purge Lists' - Florida law disenfranchises citizens convicted of many felonies (see June 24, 1974). In this election, thousands of Florida voters, mostly African-American males, lose their vote when they appear at their precinct and are told they cannot vote because they are felons, even though they are not. One is Willie Steen, a military veteran who loses his vote in Hillsborough County. “The poll worker looked at the computer and said that there was something about me being a felon,” Steen later recalls. “I’ve never been arrested before in my life,” he recalls telling the poll worker. The worker refuses to listen, and orders Steen to leave the line. Steen later learns that the felony he supposedly committed was done between 1991 and 1993, when he was stationed in the Persian Gulf. Tampa youth leader Willie Dixon and Tallahasse pastor Willie Whiting are also denied their votes through improper classification as felons, as do thousands of other voters. Investigative journalist Greg Palast later learns that the felon-disenfranchisement is widespread and systematic. He will publish a story exposing the scheme during the Florida recounts—in a London newspaper. No US newspaper will consider it. Palast later says: “Stories of black people losing rights is passe, it’s not discussed, no one cares. A black person accused of being a felon is always guilty.” Palast and other investigators learn that Republican legislators have in recent years upgraded a number of selected crimes from misdemeanors to felonies, apparently in order to “purge” the voting rolls of African-Americans. State Senator Frederica Wilson is one of many who believe the new classifications are “aimed at African-American people.” Black lawmakers have been unsuccessful in attempting to repeal the felon-disenfranchisement laws. After a 1997 election, where some 105 felons were found to have voted and analysis showed that 71 percent of Florida felons were registered Democrats, the Florida state government allocated $4 million to “purge” felons off the voting rolls. The government turned the task over to a private firm, Database Technologies (DBT) of Boca Raton (which later merged with the firm ChoicePoint). When the first purge lists from DBT began appearing in 1998, county elections officials were worried. Ion Sancho, the elections supervisor for Leon County, will recall: “We were sent this purge list in August of 1998. We started sending letters and contacting voters, [saying] that we had evidence that they were potential felons and that they contact us or they were going to be removed from the rolls. Boy, did that cause a firestorm.” One of the “felons” was Sancho’s close friend Rick Johnson, a civil rights attorney. “Very few felons are members of the Florida bar,” Sancho will note. In early 2000, Sancho asked Emmett “Bucky” Mitchell, a lawyer for the Florida Division of Elections, why so many “false positives”—innocent people—were on DBT’s list. Mitchell told Sancho that the problem was DBT’s, not Florida’s, and the firm had been told to handle the problem. Instead, according to ChoicePoint marketing official James Lee, Florida relaxed the criteria for its purge list, and tens of thousands of voters who had names roughly similar to those of actual felons were added to the list. Why? Lee will say, “Because after the first year they weren’t getting enough names.” Willie D. Whiting, a law-abiding pastor, is denied the vote because Willie J. Whiting is a felon. Willie Steen is denied his vote because Willie O’Steen is a convicted felon. Mitchell told a DBT project manager that it was up to elections officials like Sancho to find and correct the misidentifications. The lists even include actual felons whose right to vote had been restored by previous Florida administrations during amnesty programs. The initial database for the purge lists is comprised of people arrested for felonies, not convicted—thusly many citizens never convicted of a crime are now on the purge list. Others are incorrectly listed as felons when they were convicted of misdemeanors. A May 2000 “corrected” list stunned county elections officials. Linda Howell, election supervisor of Madison County, found her own name on the list. Monroe County supervisor Harry Sawyer found his father on the list, along with one of his employees and the husband of another. None of those people were felons. Some counties, such as Broward, Duval, Madison, and Palm Beach chose not to use the lists at all; Sancho meticulously checked his list of 697 names and ended up retaining only 33. Most supervisors use the lists without question. A thousand Bay County voters are denied their vote; 7,000 Miami-Dade voters lose theirs. It is unknown how many of these are actual felons and how many are law-abiding, legitimate voters. A 2001 class-action lawsuit brought by the NAACP and African-American voters will charge DBT and Florida Secretary of State Katherine Harris with deliberately attempting to disenfranchise black voters. It will be settled out of court, with Florida agreeing to provisions that nominally settle the problem (see Late August 2002), but a 2004 article by Vanity Fair will note that by 2004, Florida’s government has implemented none of the corrective procedures mandated by the settlement. Subsequent investigations will show that the “felons” on the various purge lists are disproportionately Democratic voters and disproportionately African-American. [Tapper, 3/2001; Vanity Fair, 10/2004]
2001 Investigation Proves Widespread Disenfranchisement - A 2001 investigation by the progressive newsmagazine The Nation will show a widespread and systematic program of voter disenfranchisement in effect in Florida during the 2000 elections (see April 24, 2001).

Supreme Court Justice Sandra Day O’Connor, attending a Washington, DC, party and watching the news networks predict Florida, and thusly the presidency, for Democrat Al Gore, says aloud, “This is terrible.” Her husband explains that she is considering retiring from the Court, but will only do so if George W. Bush, a fellow Republican, is in office to appoint her successor. [Tapper, 3/2001]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., Sandra Day O’Connor, George W. Bush

Timeline Tags: 2000 Elections

Shortly after the presidential vote that resulted in an as-yet-unresolved flurry of recounts and criticisms (see 6:36 p.m. November 15, 2000 and 9:14 p.m., November 15, 2000), two law clerks at the US Supreme Court laugh about the unlikely possibility that the election will end up being resolved in the Court. Could it happen that way? they wonder. And if so, would the Court split 5-4 along ideological lines, with the conservative majority giving Governor George W. Bush (R-TX) the presidency? The idea is preposterous, they decide, no matter what some of their friends and relatives are predicting. Even the most conservative of Court justices, they say, are pragmatic and mindful of the law. Moreover, they tell one another, the Court has always steered clear of sticky political conflicts. And the conservative justices are the most mindful of states’ rights and most devoted to the concept of the Constitution’s “original intent,” including the Founders’ insistance that Congress, not the judiciary, should be the body to resolve close elections. One clerk later tells reporters: “It was just inconceivable to us that the Court would want to lose its credibility in such a patently political way. That would be the end of the Court.” As November moves closer to December and the election fracas continues unresolved, a law professor predicts that Bush’s chances before the Court are “between slim and none, and a lot closer to none.” Over Thanksgiving, the justices and clerks leave Washington for vacation, with only a skeletal staff of a few clerks remaining in town in case of emergencies. Justice Stephen Breyer says over the holiday that there is no way the Court would ever get involved in the election. [Vanity Fair, 10/2004]

Entity Tags: George W. Bush, US Supreme Court, Stephen Breyer

Timeline Tags: 2000 Elections, Civil Liberties

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 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

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

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]

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

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

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

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

Judith Regan (left) and Roger Ailes.Judith Regan (left) and Roger Ailes. [Source: Business Insider]Roger Ailes, a powerful Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988) and the founder and chairman of Fox News (see October 7, 1996), becomes embroiled in a legal conflict involving former New York Police Commissioner Bernard Kerik and his mistress, Judith Regan, a book editor for another arm of Fox News’s parent company News Corporation (NewsCorp). Ailes learns that Kerik has commandeered an apartment overlooking the site of the devastated World Trade Center, intended for the use of rescue and recovery workers, as a “love nest” for his trysts with Regan. Ailes is a close friend and political ally of former New York Mayor Rudolph Giuliani, who recommended Kerik to head the Department of Homeland Security. Kerik is already being pilloried in the press for a number of other ethical and perhaps even criminal activities, and is being vetted for the DHS slot. Ailes and Giuliani do not want the Kerik-Regan affair, and the commandeered apartment, to come to the public’s notice. Court documents later say that Ailes “told Regan that he believed she had information about Kerik that, if disclosed, would harm Giuliani’s presidential campaign.” Ailes “advised Regan to lie to, and to withhold information from, [federal] investigators concerning Kerik.” The attempted cover-up will later be brought to light when NewsCorp fires Regan in 2006, and she brings a wrongful-termination suit that secures a $10.75 million settlement. Regan will not identify Ailes by name, only as a “senior executive” for NewsCorp, but other documents accidentally made public will reveal Ailes’s identity. Reportedly, Regan has her telephone conversations with Ailes on tape. NewsCorp will later claim that Regan has sent it a letter stating that “Mr. Ailes did not intend to influence her with respect to a government investigation.” Regan’s lawyer will say that NewsCorp’s claim does not reflect the entirety of Regan’s letter. Kerik himself will withdraw his name from consideration, and will later be sentenced to four years in prison for tax fraud. [New Republic, 2/24/2011; New York Daily News, 2/24/2011; New York Times, 2/25/2011; New York Magazine, 5/22/2011]

Entity Tags: Fox News, Bernard Kerik, Rudolph (“Rudy”) Giuliani, News Corporation, US Department of Homeland Security, Roger Ailes, Judith Regan

Timeline Tags: Domestic Propaganda

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

In a six-page letter to the congressional conference-committee charged with combining the House (see April 21, 2005) and Senate (see June 28, 2005) versions of the 2005 Energy Policy Act (HR 6), Energy Secretary Samuel W. Bodman expresses the Bush administration’s strong opposition to a provision that would grant coastal oil-producing states like Louisiana a share of the royalties from offshore oil and gas operations. Historically, the royalties have been paid exclusively to the federal government. [Houma Today, 7/21/2005; Houma Today, 7/23/2005; Salon, 9/1/2005] Bodman writes in his letter that “The administration strongly opposes” the new funding. “These provisions are inconsistent with the president’s 2006 budget and would have a significant impact on the budget deficit.” [Salon, 9/1/2005] The statement also says, “The administration recognizes that coastal Louisiana is an environmental resource of national significance and has worked closely with the state of Louisiana to produce a near-term coastal wetlands restoration plan to guide how the next phase of restoration projects in Louisiana will be identified, prioritized, and sequenced.” [Houma Today, 7/21/2005] Craig Stevens, the press secretary for the Department of Energy, later explains to Salon: “We didn’t object to the idea in principle. [Rather, we objected to] part of the way it was crafted.” [Salon, 9/1/2005] Bodman also takes issue with the House’s WRDA bill (see April 13, 2005). WRDA, or the Water Resources Development Act, provides federal authorization for water resources projects. The House bill would require the federal government to pay 65 percent of the cost of the Louisiana Coastal Area (LCA) restoration project, leaving the remaining 35 percent for state and local governments to pay. “The cost-share paid by the general taxpayer for the Everglades restoration effort is 50 percent, and this should likewise be the maximum federal contribution for the Upper Mississippi River and Illinois Waterway and coastal Louisiana restoration efforts.” If the Fed’s portion of the bill were 65 percent, the letter argues, it would “create expectations for future appropriations that cannot be met given competing spending priorities within the overall need for spending restraint, including deficit reduction.” Adam Sharp, spokesman for Senator Mary Landrieu (D-LA), notes however that the 50-50 cost-share formula for the Everglades is an exception to the Corps’ practice, not the rule. Indeed, in January (see January 2005), the Corps recommended the 65-35 cost share formula in its report on the coastal plan to Congress saying that such a split would be “consistent with existing law and Corps policy.” [Houma Today, 7/21/2005]

Entity Tags: Louisiana Coastal Area (LCA) Ecosystem Restoration Study, Craig Stevens, Samuel W. Bodman

Timeline Tags: Hurricane Katrina

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

Fox News talk show host Sean Hannity claims, falsely, that former vice president and Democratic presidential candidate Al Gore “brought Willie Horton to the American people.” Hannity is referring to the infamous “Willie Horton” ad of the 1988 presidential campaign, a Republican campaign strategy that claimed African-American Willie Horton was released and went on to rape a white woman by Democratic presidential candidate Michael Dukakis (see September 21 - October 4, 1988). Hannity’s statement comes in response to a recent citation of the Horton ad by Princeton University professor Cornel West, who cited the ad as an example of the Republican Party’s political exploitation of race. Hannity notes correctly that in the 1988 Democratic presidential primaries, Gore asked Dukakis about “weekend passes for convicted criminals,” referring to the Massachusetts furlough program that freed Horton. However, Gore never mentioned Horton at all. The first national mention of Horton came in the ads released by the Bush campaign and by an ostensibly independent conservative organization, the National Security Political Action Committee (NSPAC). According to progressive media watchdog organization Media Matters, Hannity has made similar claims about Gore first bringing up Horton in the past. [Media Matters, 11/10/2004]

Entity Tags: Sean Hannity, William (“Willie”) Horton, Fox News, Albert Arnold (“Al”) Gore, Jr., Cornel West, Republican Party, National Security Political Action Committee, Michael Dukakis

Timeline Tags: Domestic Propaganda

US News and World Report senior writer Michael Barone accuses Democratic pollster Anna Greenberg of “blood libel on the American people” in response to Greenberg’s claim that the 1988 Bush campaign ads featuring convicted murderer Willie Horton were examples of “racial politics” (see September 21 - October 4, 1988). The progressive media watchdog organization Media Matters will note that the phrase “blood libel” specifically denotes accusations that a particular group, often Jews, practices human sacrifice, and cites one famous (and entirely false) allegation that “Jews kill Christian and Muslim children and use their blood to make Passover matzohs.” Barone and Greenberg are panelists on the evening’s edition of The Kalb Report, a panel discussion on C-SPAN hosted by journalist and author Marvin Kalb. The topic of the current discussion is “A Post-Election Analysis: Values, Religion, Politics, and the Media.” Greenberg calls the Horton ads examples of “racial politics in the 1980s,” to which Barone says in response: “I think this whole Willie Horton thing is a slur on the American people. The argument has been made by Democrats and liberals that the Bush campaign in ‘88 supposedly showed pictures of this man. It did not. There was an independent expenditure ad that did. But they did not. They showed white prisoners in the ad. And the argument against [1988 Democratic presidential candidate] Michael Dukakis, which he never effectively countered because there is no effective counter, is that giving furlough to people who have life without parole is a position that Dukakis defended over 11 years as governor of Massachusetts or governor candidate, is a crazy law, and he supported it over 11 years. You don’t have to be a racist to want a murderer, whatever his race, to stay in jail and not be allowed outside on the weekend. To say that the American people were racist and they just want black people in, is blood libel on the American people.” Barone is incorrect in saying that Horton’s picture was never used in the ads (it was not used in official Bush campaign ads, but it was used in ads by purportedly “independent” organizations supporting the Bush candidacy), and he fails to note that while Dukakis indeed supported the Massachusetts furlough law that allowed Horton the freedom to commit felonies even after being sent to jail for murder, he did not enact the law. Media Matters will note that the Horton ads have long been accepted as strong examples of racial politics, including a 1995 statement from Secretary of State Colin Powell who called the ads “racist.” [Media Matters, 11/17/2004]

Entity Tags: Media Matters, Anna Greenberg, Colin Powell, Michael Barone, George Herbert Walker Bush, William (“Willie”) Horton, Marvin Kalb, Michael Dukakis

Timeline Tags: Domestic Propaganda

the US Army Corps of Engineers submits the final draft of the Louisiana Coastal Area (LCA) Ecosystem Restoration Study to Congress for WRDA authorization. WRDA, or the Water Resources Development Act, provides federal authorization for water resources projects. The Corps recommends that Congress approve a federal-state cost sharing ration of 65 percent federal, 35 percent state. A 65-35 split would be “consistent with existing law and Corps policy,” the Corps says. [Houma Today, 7/21/2005]

Entity Tags: Louisiana Coastal Area (LCA) Ecosystem Restoration Study, US Army Corps of Engineers, US Congress

Timeline Tags: Hurricane Katrina

Fox News talk show host Sean Hannity and conservative radio host Laura Ingraham repeat the long-debunked claim that former vice president and Democratic presidential candidate Al Gore first mentioned convicted murderer and rapist Willie Horton in the context of a political campaign. Hannity and Ingraham are referring to the infamous “Willie Horton” ad of the 1988 presidential campaign, a Republican campaign strategy that falsely claimed African-American Willie Horton was released and went on to rape a white woman by Democratic presidential candidate Michael Dukakis (see September 21 - October 4, 1988). Responding to a Democratic political strategist’s citation of the Horton ad as an example of Republican political appeals to racism, Ingraham, a guest on Hannity’s show, says the Horton ad “was Al Gore’s idea,” and Hannity says, “Al Gore brought up Willie Horton in the first—in the [Democratic] primary.” As has long been proven, Gore never mentioned Horton in the 1988 Democratic presidential primaries; instead, it was the Bush-Quayle campaign that introduced Horton to the American public. [Media Matters, 2/16/2005] Hannity has charged Gore with first bringing up Horton before (see November 9, 2004).

Entity Tags: Michael Dukakis, Sean Hannity, Albert Arnold (“Al”) Gore, Jr., Fox News, William (“Willie”) Horton, Laura Ingraham

Timeline Tags: Domestic Propaganda

The Senate Environment and Public Works Committee approves the Water Resources Development Act (WRDA) of 2005 (S.728), which includes authorization (but not appropriation of funds) for the $1.9 billion Louisiana Coastal Area (LCA) Ecosystem Restoration Study. The federal contribution to the project would be 65 percent, with the State of Louisiana, paying the remainder. “This legislation is a major breakthrough toward ensuring the future of our unique way of life in coastal Louisiana,” Rep. David Vitter, (R-LA), says in a statement. “It is critical for this authorization to be included in WRDA so that Congress can aggressively appropriate federal funds to restore Louisiana’s coast.” [Advocate (Baton Rouge), 4/17/2005]

Entity Tags: Louisiana Coastal Area (LCA) Ecosystem Restoration Study, US Congress, David Vitter

Timeline Tags: Hurricane Katrina

The House passes its version of the 2005 Energy Policy Act (HR 6). One provision, secured by Louisiana Congressman Bobby Jindal, (R-Kenner), would provide Louisiana with up to $1 billion in offshore oil and gas royalties every year beginning in 2016. Louisiana and its coastal parishes would use the money to fund coastal wetland restoration efforts. Historically, offshore gas and oil royalties have been paid exclusively to the federal government, since these operations are conducted on federal territory. But Louisiana has long argued that a portion of this money should be used to help fund efforts aimed at restoring Louisiana’s coastal wetlands, the disappearance of which has been partly attributed to Gulf Coast oil and gas operations. A similar provision is included in the Senate version of the bill (see June 28, 2005). [Advocate (Baton Rouge), 4/17/2005]

Entity Tags: Bobby Jindal, US Congress

Timeline Tags: Hurricane Katrina

The Senate passes its version of the 2005 Energy Policy Act (HR 6). Like the House version of the bill (see April 21, 2005), it includes a provision that would divert a portion of offshore oil and gas royalties to coastal energy producing states like Louisiana. But unlike the House version, which would give Louisiana $1 billion in royalties every year beginning in 2016, the Senate version would only provide Louisiana with $540 million over a four-year period beginning in fiscal year 2007. Louisiana would use the money to fund projects aimed at restoring the state’s coastal wetlands. The bill is referred to a conference committee (see July 29, 2005) charged with resolving the differences between the House and Senate versions. [New Orleans CityBusiness, 6/23/2005]

Entity Tags: US Congress

Timeline Tags: Hurricane Katrina

Several prominent former Louisiana politicians sign a letter urging President Bush to support the 2005 Energy Policy Act (HR 6)‘s provisions for revenue sharing (see April 21, 2005) (see June 28, 2005). Endorsed by former Governors Mike Foster (R-LA), Buddy Roemer (R-LA), David Treen (R-LA) and former Senators John Breaux (D-LA) and J. Bennett Johnston (D-LA), the letter states: “Louisiana puts an average of $5 billion each year into the Federal treasury from revenues produced off its shore. Energy Bill provisions that would give a meaningful share of those revenues through direct payments to Louisiana and other coastal states that host so much of the nation’s energy production are critical.” [Associated Press, 7/22/2005; Louisiana, 7/22/2005]

Entity Tags: Buddy Roemer, J. Bennett Johnston, Mike Foster, David Treen, George W. Bush, John Breaux

Timeline Tags: Hurricane Katrina

In a letter to President Bush, Louisiana Governor Kathleen Blanco urges the president and his energy secretary, Samuel W. Bodman, to visit the Louisiana coast and see first-hand the deteriorating condition of the state’s coastal wetlands. She wants the administration to reconsider its objection (see July 15, 2004) to a provision in the House (see April 21, 2005) and Senate (see June 28, 2005) versions of the 2005 Energy Policy Act (HR 6) that would channel oil and gas royalties from offshore operations to coastal states for coastal wetland restoration. In her letter, she emphasizes how Louisiana’s disappearing wetlands is making the oil and gas industry’s vast network of pipelines increasingly vulnerable to damage. She also stresses that coastal wetlands have historically protected the coast from the full fury of hurricanes and, without this barrier, a major hurricane could devastate low-elevation coastal communities like New Orleans. “Let me show you the fragile wetlands that are the only protection for the thousands of miles of pipelines that connect this nation to 80 percent of its offshore energy supply and to a full third of all its oil and gas, both foreign and domestic. The vulnerability of those protective wetlands is all the more apparent to our two million coastal zone residents during this active hurricane season.” [Louisiana, 7/20/2005; Houma Today, 7/21/2005]

Entity Tags: Kathleen Babineaux Blanco, George W. Bush, Samuel W. Bodman

Timeline Tags: Hurricane Katrina

A House and Senate conference committee working to consolidate conflicting House and Senate versions of the 2005 Energy Policy Act (HR 6) agree on a final draft. One conflict between the two versions was a provision that would require the federal government to share royalties from offshore oil and gas operations with coastal oil-producing states. The committee decides in favor of the Senate version (see June 28, 2005), which would provide coastal states with about $1 billion dollars over a period of four years. Most of the money, $540 million, would go to Louisiana. The House version (see April 21, 2005) of the bill would have provided $1 billion in oil and gas royalties annually to Louisiana, but not until 2016. That version was rejected as was a proposal put forth by the Bush administration (see July 22, 2005) that would have reduced Louisiana’s share to only $54 million. Bush signs the bill into law on August 8. [Advocate (Baton Rouge), 7/26/2005; Boston Globe, 9/1/2005]

Entity Tags: Louisiana Coastal Area (LCA) Ecosystem Restoration Study, US Army Corps of Engineers

Timeline Tags: Hurricane Katrina

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 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

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

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

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

Roger Ailes, a powerful Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988) and the founder and chairman of Fox News (see October 7, 1996), realizes that Senator Barack Obama (D-IL) is going to win the upcoming presidential election (see November 4, 2008). In preparation, Ailes begins hiring an array of conservatives to join his network (see November 3, 2003, July 2004, and October 26, 2009), many of whom he intends to groom for the 2012 presidential race. By the time the election is over, Ailes will have hired Karl Rove, the Bush administration’s political guru, and former Governor Mike Huckabee (R-AR), an unsuccessful Republican presidential candidate. (Ailes is able to woo both Rove and Huckabee away from CNN, which also offers them positions as paid commentators.) Soon, Ailes will hire several more possible Republican contenders, including the Republican vice-presidential candidate Sarah Palin (R-AK), former House Speaker Newt Gingrich (R-GA), former Senator Rick Santorum (R-PA), and former UN Ambassador John Bolton. Ailes fully intends to use Fox News as a platform for launching Republican presidential bids (see May 22, 2011), but his decision to hire Rove, Huckabee, Palin, and the others is also business-driven. A close friend of his will explain: “It would be easy to look at Fox and think it’s conservative because Rupert [Murdoch, the media executive who owns the Fox networks] and Roger are conservative and they program it the way they like. And to a degree, that’s true. But it’s also a business. And the way the business works is, they control conservative commentary the way ESPN controls the market for sports rights. If you have a league, you have a meeting with ESPN, you find out how much they’re willing to pay, and then everyone else agrees to pay the same amount if they want it.… It’s sort of the same at Fox. I was surprised at some of what was being paid until I processed it that way. If you’re ABC and you don’t have Newt Gingrich on a particular morning, you can put someone else on. But if you’re Fox, and Newt is moving and talking today, you got to have him. Otherwise, your people are like: ‘Where’s Newt? Why isn’t he on my channel?’” Ailes met secretly with Palin in September 2008, and will continue to court her for Fox after the campaign, even loaning her a private jet owned by Murdoch’s News Corporation. CNN will decline to offer her a position, and Ailes, through programming chief Bill Shine, will negotiate a three-year, $3 million deal to have Palin as a regular contributor and a host of prime-time specials. Amid all of this, Ailes does not want Fox News to be seen as an arm of the Republican Party (see December 2002 and October 11, 2009). [New York Magazine, 5/22/2011] In 2010, the press will report that Fox News has “exclusive rights” to broadcast and interview four presumed 2012 Republican candidates, Palin, Gingrich, Huckabee, and Santorum (see September 27, 2010).

Entity Tags: Mike Huckabee, CNN, Bill Shine, Fox News, Karl C. Rove, Newt Gingrich, Rupert Murdoch, News Corporation, John R. Bolton, Sarah Palin, Rick Santorum, Roger Ailes

Timeline Tags: Domestic Propaganda, 2012 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

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]

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

The recount process to determine the winner of the US Senate race in Minnesota begins. Incumbent Senator Norm Coleman (R-MN) has a narrow lead over challenger Al Franken (D-MN), who requested the recount as permitted in Minnesota law when the results of a race are so close. The state Canvassing Board met on November 18 to certify the unofficial results, thus allowing the recounts to begin at almost 100 county and city election offices throughout the state. The procedure entails an appointed recount auditor examining each ballot by hand to determine the voter’s intent, monitored by representatives from each candidate’s campaign. Auditors will sort each ballot into the appropriate stacks. According to the 2008 Recount Guide issued by Minnesota Secretary of State Mark Ritchie, “a ballot or vote must not be rejected for a technicality if it is possible to decide what the voter intended, even though the voter may have made a mistake or the ballot is damaged.” Ballots that are in dispute will be sent to the five-member Canvassing Board, which includes Ritchie, two state Supreme Court justices, and two Ramsey County district court judges, who will make final decisions as to the validity of disputed ballots. KARE-TV has reported that as many as 6,000 ballots may have been missed by the optical-scan machines because of improper markings. Ramsey County elections head Joe Mansky says that around 2 percent of ballots are mismarked in each election. If the intention of the voter is clear, he says, those votes will be counted. Law professor David Schultz says the process reminds the observer of the election debacle in Florida during the 2000 presidential election (see 9:54 p.m. December 12, 2000), and notes that Minnesota has a long tradition of not penalizing voters for failing to fill out ballots properly if their intent can be determined. [Minneapolis Star-Tribune, 11/6/2008] The Canvassing Board says it will not make a decision just yet on whether to count disputed absentee ballots. Minnesota Supreme Court Justice G. Barry Anderson, one of the five members of the board, says of the decision to table the absentee ballot issue: “I reference particularly the blizzard of paperwork that we have seen and whether or not there might be some additional time necessary to consider all of it. Is there anything about an additional period of time that will impact the rights of the parties to make election challenges or take other steps under the law?” Franken wants the absentee ballots in dispute to be counted; Franken’s lawyer David Lillehaug tells the board: “These people are real people who did everything right. They wanted to participate in our democracy. They wanted to vote and have their vote counted. Can’t we all agree that they shouldn’t have to start a lawsuit, or have somebody else start a lawsuit before their votes are counted?” Coleman’s attorney Fritz Knaak calls Lillehaug’s arguments “bothersome,” and says the board should not consider and count rejected absentee ballots. [Minnesota Public Radio, 11/18/2008]

Entity Tags: Joe Mansky, David Lillehaug, Al Franken, David Schultz, G. Barry Anderson, Mark Ritchie, Minnesota State Canvassing Board, Fritz Knaak, Norm Coleman

Timeline Tags: Civil Liberties

The US Supreme Court hears the case of Citizens United v. Federal Election Commission, in which the Federal Election Commission (FEC) refused to let the conservative lobbying organization Citizens United (CU) air a film entitled Hillary: The Movie during the 2008 presidential primary season (see January 10-16, 2008). The FEC ruled that H:TM, as some have shortened the name, was not a film, but a 90-minute campaign ad with no other purpose than to smear and attack Senator Hillary Clinton (D-NY) as being unfit to hold office. A panel of appeals judges agreed with the FEC’s ruling, which found the film was “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.” As a campaign ad, the film’s airing on national network television came under campaign finance laws, particularly since the film was financed by corporate political donations. CU was allowed to air the film in theaters and sell it in DVD and other formats, but CU wanted to pay $1.2 million to have the movie aired on broadcast cable channels and video-on-demand (pay per view) services, and to advertise its broadcast. CU president David Bossie (see May 1998) hired former Bush Solicitor General Theodore Olson after the Supreme Court agreed to hear the case. Bossie denies that he chose Olson because of their shared loathing of the Clintons—they worked together to foment the “Arkansas Project,” a Clinton smear effort that resulted in Congress unsuccessfully impeaching President Clinton—but because Olson gave “us the best chance to win.” Bossie dedicated the Clinton film to Barbara Olson, Olson’s late wife, who died in the 9/11 attacks (see (Between 9:15 a.m. and 9:25 a.m.) September 11, 2001). [Washington Post, 3/15/2009; Christian Science Monitor, 3/23/2009] “I just don’t see how the Federal Election Commission has the authority to use campaign-finance rules to regulate advertising that is not related to campaigns,” Bossie told reporters last year. [Christian Science Monitor, 2/1/2008]
Uphold or Cut Back McCain-Feingold? - Observers, unaware of the behind-the-scenes machinations, believe the case gives the Court the opportunity to either uphold or cut back the body of law stemming from the Bipartisan Campaign Reform Act (BCRA, or McCain-Feingold) campaign finance law (see March 27, 2002), which limits the ability of corporations and labor unions to spend unlimited amounts of money on political advertising before elections. CU is arguing that the BCRA is unconstitutional, having argued before a previous court that the the BCRA law was unconstitutional in the way it was being enforced by the FEC against its film. In its brief to the Court, CU denies the film is any sort of “electioneering,” claiming: “Citizens United’s documentary engages in precisely the political debate the First Amendment was written to protect… The government’s position is so far-reaching that it would logically extend to corporate or union use of a microphone, printing press, or the Internet to express opinions—or articulate facts—pertinent to a presidential candidate’s fitness for office.” The Justice Department, siding with the FEC, calls the film an “unmistakable” political appeal, stating, “Every element of the film, including the narration, the visual images and audio track, and the selection of clips, advances the clear message that Senator Clinton lacked both the integrity and the qualifications to be president of the United States.” The film is closer to a political “infomercial” than a legitimate documentary, the Justice Department argues. The film’s “unmistakable message is that Senator Clinton’s character, beliefs, qualifications, and personal history make her unsuited to the office of the President of the United States,” according to a Justice Department lawyer, Edwin Kneedler, who filed a brief on behalf of the FEC. The Justice Department wants the Court to uphold FEC disclosure requirements triggered by promotional ads, while Olson and CU want the Court to strike down the requirements. Olson says financial backers of films such as H:TM may be reluctant to back a film if their support becomes publicly known. Kneedler, however, writes that such disclosure is in the public interest. The Reporters Committee for Freedom of the Press (RCFP) is joining CU in its court fight, stating in a brief, “By criminalizing the distribution of a long-form documentary film as if it were nothing more than a very long advertisement, the district court has created uncertainty about where the line between traditional news commentary and felonious advocacy lies.” Scott Nelson of the Public Citizen Litigation Group, which supports the BCRA, disagrees with RCFP’s stance, saying, “The idea that [the law] threatens legitimate journalism and people who are out creating documentaries, I think, is a stretch.” [Washington Post, 3/15/2009; Christian Science Monitor, 3/23/2009] The RCFP has said that the movie “does not differ, in any relevant respect, from the critiques of presidential candidates produced throughout the entirety of American history.” And a lawyer with the RCFP, Gregg P. Leslie, asked, “Who is the FEC to decide what is news and what kind of format news is properly presented in?” [New York Times, 3/5/2009]
Filled with False Information - The movie was relentlessly panned by critics, who found much of its “information” either misrepresentative of Clinton or outright false. CU made several other films along with the Clinton documentary, which included attacks on filmmaker Michael Moore, the American Civil Liberties Union, illegal immigrants, and Clinton’s fellow presidential contender Barack Obama (D-IL—see October 28-30, 2008). [Washington Post, 3/15/2009; Christian Science Monitor, 3/23/2009]
Arguments Presented - Olson and his opponent, Deputy Solicitor General Malcolm Stewart, present arguments in the case to the assembled Court. Traditionally, lawyers with the Solicitor General (SG)‘s office are far more straightforward with the Court than is usual in advocacy-driven cases. New Yorker reporter Jeffrey Toobin later writes: “The solicitor general’s lawyers press their arguments in a way that hews strictly to existing precedent. They don’t hide unfavorable facts from the justices. They are straight shooters.” Stewart, who clerked for former Justice Harry Blackmun and is a veteran of the SG office since 1993, is well aware of the requirements of Court arguments. Justice Samuel Alito, a conservative justice with a penchant for asking tough questions that often hide their true intentions behind carefully neutral wording, is interested in seeing how far he can push Stewart’s argument. Does the BCRA apply only to television commercials, he asks, or might it regulate other means of communication during a federal campaign? “Do you think the Constitution required Congress to draw the line where it did, limiting this to broadcast and cable and so forth?” Could the law limit a corporation from “providing the same thing in a book? Would the Constitution permit the restriction of all those as well?” Stewart says that the BCRA indeed imposes such restrictions, stating, “Those could have been applied to additional media as well.” Could the government regulate the content of a book? Alito asks. “That’s pretty incredible. You think that if a book was published, a campaign biography that was the functional equivalent of express advocacy, that could be banned?” Stewart, who tardily realizes where Alito was going, attempts to recover. “I’m not saying it could be banned,” he responds. “I’m saying that Congress could prohibit the use of corporate treasury funds and could require a corporation to publish it using its—” Justice Anthony Kennedy, considered a “swing” justice in some areas but a reliable conservative vote in campaign-spending cases, interrupts Stewart. “Well, suppose it were an advocacy organization that had a book,” Kennedy says. “Your position is that, under the Constitution, the advertising for this book or the sale for the book itself could be prohibited within the 60- and 30-day periods?” Stewart gives what Toobin later calls “a reluctant, qualified yes.” At this point, Roberts speaks up. According to Toobin, Roberts intends to paint Stewart into something of a corner. “If it has one name, one use of the candidate’s name, it would be covered, correct?” Roberts asks. Stewart responds, “That’s correct.” Roberts then asks, “If it’s a 500-page book, and at the end it says, ‘And so vote for X,’ the government could ban that?” Stewart responds, “Well, if it says ‘vote for X,’ it would be express advocacy and it would be covered by the preexisting Federal Election Campaign Act (FECA—see February 7, 1972, 1974, May 11, 1976, and January 8, 1980) provisions.” Toobin later writes that with their “artful questioning, Alito, Kennedy, and Roberts ha[ve] turned a fairly obscure case about campaign-finance reform into a battle over government censorship.” Unwittingly, Stewart has argued that the government has the right to censor books because of a single line. Toobin later writes that Stewart is incorrect, that the government could not ban or censor books because of McCain-Feingold. The law applies to television advertisements, and stems from, as Toobin will write, “the pervasive influence of television advertising on electoral politics, the idea that commercials are somehow unavoidable in contemporary American life. The influence of books operates in a completely different way. Individuals have to make an affirmative choice to acquire and read a book. Congress would have no reason, and no justification, to ban a book under the First Amendment.” Legal scholars and pundits will later argue about Stewart’s answers to the three justices’ questions, but, as Toobin will later write, “the damage to the government’s case had been profound.” [New Yorker, 5/21/2012]
Behind the Scenes - Unbeknownst to the lawyers and the media, the Court initially renders a 5-4 verdict in favor of CU, and strikes down decades of campaign finance law, before withdrawing its verdict and agreeing to hear rearguments in the fall (see June 29, 2009). Toobin will write that the entire case is orchestrated behind the scenes, by Roberts and his fellow majority conservatives. Toobin will write of “a lengthy and bitter behind-the-scenes struggle among the justices that produced both secret unpublished opinions and a rare reargument of a case” that “reflects the aggressive conservative judicial activism of the Roberts Court.” Toobin will write that although the five conservatives are involved in broadening the scope of the case, and Kennedy actually writes the majority decision, “the result represented a triumph for Chief Justice Roberts. Even without writing the opinion, Roberts, more than anyone, shaped what the Court did. As American politics assumes its new form in the post-Citizens United era, the credit or the blame goes mostly to him.” The initial vote on the case is 5-4, with the five conservative justices—Alito, Kennedy, Roberts, Scalia, and Clarence Thomas—taking the majority.
Expansive Concurrence Becomes the Majority Opinion - At the outset, the case is decided on the basis of Olson’s narrow arguments, regarding the issue of a documentary being made available on demand by a nonprofit organization (CU). Roberts takes the majority opinion onto himself. The four liberals in the minority are confident Roberts’s opinion would be as narrow as Olson’s arguments. Roberts’s draft opinion is indeed that narrow. Kennedy writes a concurrence opining that the Court should go further and overturn McCain-Feingold, the 1990 Austin decision (see March 27, 1990), and end the ban on corporate donations to campaigns (see 1907). When the draft opinions circulates, the other three conservatives begin rallying towards Kennedy’s more expansive concurrence. Roberts then withdraws his draft and lets Kennedy write the majority opinion in line with his concurrence. Toobin later writes: “The new majority opinion transformed Citizens United into a vehicle for rewriting decades of constitutional law in a case where the lawyer had not even raised those issues. Roberts’s approach to Citizens United conflicted with the position he had taken earlier in the term.” During arguments in a different case, Roberts had “berated at length” a lawyer “for his temerity in raising an issue that had not been addressed in the petition. Now Roberts was doing nearly the same thing to upset decades of settled expectations.”
Dissent - The senior Justice in the minority, John Paul Stevens, initially assigns the main dissent to Justice David Souter. Souter, who is in the process of retiring from the Court, writes a stinging dissent that documents some of the behind-the-scenes machinations in the case, including an accusation that Roberts violated the Court’s procedures to get the outcome he wanted. Toobin will call Souter’s planned dissent “an extraordinary, bridge-burning farewell to the Court” that Roberts feels “could damage the Court’s credibility.” Roberts offers a compromise: Souter will withdraw his dissent if the Court schedules a reargument of the case in the fall of 2009 (see June 29, 2009). The second argument would feature different “Questions Presented,” and the stakes of the case would be far clearer. The four minority justices find themselves in something of a conundrum. They feel that to offer the Kennedy opinion as it stands would be to “sandbag” them and the entire case, while a reargument would at least present the issues that the opinion was written to reflect. And there is already a 5-4 majority in favor of Kennedy’s expansive opinion. The liberals, with little hope of actually winning the case, agree to the reargument. The June 29, 2009 announcement will inform the parties that the Court is considering overturning two key decisions regarding campaign finance restrictions, including a decision rendered by the Roberts court (see March 27, 1990 and December 10, 2003) and allow essentially unlimited corporate spending in federal elections. Court observers will understand that the Court is not in the habit of publicly asking whether a previous Court decision should be overruled unless a majority is already prepared to do just that. Toobin will call Roberts and his four colleagues “impatient” to make the decision, in part because an early decision would allow the ruling to impact the 2010 midterm elections. [New Yorker, 5/21/2012]
Created to Give Courts Shot at McCain-Feingold - Critics, as yet unaware of the behind-the-scenes maneuvering, will later say that CU created the movie in order for it to fall afoul of the McCain-Feingold campaign finance law, and give the conservatives on the Court the opportunity to reverse or narrow the law. Nick Nyhart of Public Campaign will say: “The movie was created with the idea of establishing a vehicle to chip away at the decision. It was part of a very clear strategy to undo McCain-Feingold.” Bossie himself will later confirm that contention, saying: “We have been trying to defend our First Amendment rights for many, many years. We brought the case hoping that this would happen… to defeat McCain-Feingold.” [Washington Post, 1/22/2010] CU’s original lawyer on the case, James Bopp, will later verify that the case was brought specifically to give the Court a chance to cut back or overturn campaign finance law (see January 25, 2010). The Court will indeed overturn McCain-Feingold in the CU decision (see January 21, 2010).

Entity Tags: Clarence Thomas, US Department of Justice, Theodore (“Ted”) Olson, Scott Nelson, US Supreme Court, Bipartisan Campaign Reform Act of 2002, Citizens United, Barbara Olson, American Civil Liberties Union, Anthony Kennedy, Barack Obama, Samuel Alito, Reporters Committee for Freedom of the Press, William Jefferson (“Bill”) Clinton, Michael Moore, Hillary Clinton, Gregg P. Leslie, Nick Nyhart, Edwin Kneedler, David Souter, Federal Election Commission, James Bopp, Jr, John Paul Stevens, David Bossie, John G. Roberts, Jr, Jeffrey Toobin, Malcolm Stewart

Timeline Tags: Civil Liberties

The New York Times, in an unsigned editorial, warns of the possible ramifications of an upcoming Supreme Court case, Citizens United v. Federal Election Commission. The case was argued on March 15, eight days before the Web publication date of the editorial (see March 15, 2009) and nine days before the editorial is published in print; it is unclear in retrospect why the editorial is written as if the arguments have not yet taken place, or whether the dates of the published version are accurate. The Times sums up the case—a conservative nonprofit organization, Citizens United (CU), planned to air a 90-minute film that was highly critical of presidential candidate Hillary Clinton (D-NY) in the days before 2008 presidential primary elections, in violation of the 2002 Bipartisan Campaign Reform Act (BCRA, or “McCain-Feingold”—see March 27, 2002) that bans “electioneering communications” within 30 days of a primary election. CU was aware of the law, and filed a suit claiming that the law unconstitutionally violated its First Amendment rights. “The Supreme Court should affirm that ruling,” the Times states. The CU briefs “mak[e] a wide array of claims,” the “most dangerous” of which is a request to overturn the 1990 Austin Court decision (see March 27, 1990) that banned corporations from using monies from their general treasuries. The Times states: “If Citizens United prevails, it would create an enormous loophole in the law and allow corporate money to flood into partisan politics in ways it has not in many decades. It also would seriously erode the disclosure rules for campaign contributions.” [New York Times, 3/23/2009]

Entity Tags: Citizens United, Bipartisan Campaign Reform Act of 2002, US Supreme Court, Hillary Clinton, New York Times

Timeline Tags: Civil Liberties

FreedomWorks logo.FreedomWorks logo. [Source: FreedomWorks]The progressive news and advocacy site Think Progress profiles FreedomWorks, a conservative lobbying firm that uses the practice of “astroturfing” to press its agenda home. FreedomWorks is one of the organizations behind the anti-tax “tea party” movement (see April 8, 2009). The organization denies that it is “astroturfing”—creating fake “citizens groups” that purport to be spontaneously organized grassroots organizations—and compares its work to that of liberal activism group MoveOn.org. However, Think Progress notes that MoveOn is a citizen-organized group, while FreedomWorks is headed by former Republican activists and corporate officials, and is funded by oil, energy, and tobacco companies. Former House Majority Leader Dick Armey and current Washington lobbyist (R-TX) leads FreedomWorks. [Think Progress, 4/14/2009]
'Amateur-Looking' Astroturfing Sites - Last year, the Wall Street Journal exposed FreedomWorks’ use of “amateur-looking” Web sites for its “astroturf” groups to bolster their credibility as purported “citizen groups” pushing for corporate interests (see May 16, 2008). [Think Progress, 4/14/2009]
Represented by PR Firm with GOP Links - FreedomWorks is represented by the Washington public relations firm Shirley & Banister Public Affairs. Shirley & Banister also represents conservative organizations such as the National Rifle Association, Citizens United, news outlet Human Events, and organizer Richard Viguerie’s direct-mail firm. (It also represents the Bradley Foundation, a conservative funding organization that in 2008 gave $25,000 to both FreedomWorks and Americans for Prosperity [AFP], gave FreedomWorks $75,000 in 2009, and is considering a grant request from AFP.) One of Shirley & Banister’s partners is Craig Shirley, a veteran Republican PR operative who helped develop the overtly racist 1988 “Willie Horton” political ad (see September 21 - October 4, 1988). Progressive MSNBC host Rachel Maddow tells her audience: “This is a perfect system for the Republican Party. It’s a constant feedback loop. The Republican Party activists stir up fear and anger on the Internet… Fearful, angry people go to town hall events and then Republican Party officials say they are just responding to that anger and they have no idea where it came from. It’s [a] perfect cycle. Rile them up with made-up stuff and then sympathize with them that are so riled.” [MSNBC, 8/14/2009; MSNBC, 8/17/2009]
Led by Millionaires - Three of FreedomWorks’ most prominent senior officials are millionaires. Armey makes over $500,000 a year working for the organization, and lives in a Texas home valued at $1.7 million. FreedomWorks president Matthew Kibbe lives on Capitol Hill in Washington, DC, in a home valued at $1.17 million. Board member Steve Forbes, the billionaire publisher of Forbes magazine, lives in a New Jersey home valued at $2.78 million, owns a chateau in France, and recently sold a private island in Fiji and a palace in Morocco. [Wall Street Journal, 5/16/2008]
FreedomWorks Supports Armey's Lobbying Efforts - Armey’s lobbying firm, DLA Piper, represents pharmaceutical firms such as Bristol-Myers Squibb, medical device supplier SleepMed, health care provider Metropolitan Health Networks, and another pharmaceutical firm, Medicines Company. One member of FreedomWorks’s board of directors is Richard Stephenson, the founder and chairman of Cancer Treatment Centers of America. He is also the president of International Capital and Management Company, which runs a hospital consulting company. The president of FreedomWorks is Matt Kibbe, the former senior economist for the Republican National Committee and the former chief of staff for Representative Dan Miller (R-FL). FreedomWorks is organizing protests against health care reform that would cut into pharmaceutical firms’ profits. DLA Piper represents a number of life insurance firms; FreedomWorks has organized support for the deregulation of the insurance industry. DLA Piper represents not only several American oil firms, but also Sheikh Mohammed Bin Rashid Al Maktoum, prime minister of the United Arab Emirates (UAE), on energy related issues such as maintaining the close ties between the US and the UAE. US oil firms are deeply involved in the UAE’s oil industry. [Center for Responsive Politics, 2009; Think Progress, 4/14/2009; MSNBC, 8/12/2009] In August 2009, after reporting on FreedomWorks, MSNBC host Rachel Maddow will tell her audience: “Washington lobbyists and health care executives and former Republican Party officials have just as much a right to shout down the policy debate about health care reform as anyone else does. These folks have just as much a right to try to derail this entire process as anyone else does. But we have a right to know who they are and who is paying them for their efforts. These guys are pros. This is an industry. This is beltway politics being organized and played out in town halls across the country.” [MSNBC, 8/12/2009] DLA Piper has also received $830,000 this year, so far, from the pharmaceutical firm Medicines Company; the same firm paid DLA Piper $1.5 million in 2008. [MSNBC, 8/7/2009]
FreedomWorks Lobbying on Behalf of DLA Piper? - In August 2009, Maddow will ask, “[W]hy are DLA Piper’s clients relevant?” She answers herself, “There appears to be some pretty good evidence that when you pay Dick Armey’s lobbying firm, DLA Piper, you get what Dick Armey’s grassroots organization FreedomWorks does.” In the first half of 2007, the American Council of Life Insurers paid DLA Piper $100,000 to lobby on its behalf. During that time span, FreedomWorks began lobbying Congress on a “grassroots” basis to deregulate the life insurance industry. Maddow will sarcastically ask: “And, of course, perhaps it is just mere coincidence that FreedomWorks happened to have a newfound, ideological, purist grassroots commitment to life insurance deregulation at the same time the American Council of Life Insurers hired Dick Armey’s lobbying firm. It could just be a coincidence. Could be, right?” In 2006, DLA Piper began lobbying for the Senado de Republica, the Mexican Senate, for the purpose of “enhancing US-Mexico relations.” At the same time, FreedomWorks began promoting itself as “one of the few organizations willing to aggressively promote meaningful immigration reform.” In 2004, during the Bush administration’s push to privatize Social Security, a single mom from Iowa was introduced at a White House economic conference as a supporter of privatization. That mom was a FreedomWorks employee. Maddow will say: “This is how FreedomWorks does their work. They try to create the impression that their just regular grassroots Americans without any financial or political interests in the outcome of these policy fights.” [MSNBC, 8/12/2009]

Entity Tags: MoveOn (.org), Steve Forbes, Think Progress (.org), Mohammed bin Rashid Al Maktoum, Wall Street Journal, Matt Kibbe, Bristol-Myers Squibb, DLA Piper, Medicines Company, FreedomWorks, Dick Armey

Timeline Tags: US Health Care, Domestic Propaganda, 2010 Elections

The US Supreme Court says it will schedule a hearing on the controversial “Citizens United” case, Citizens United v. Federal Election Commission (see March 15, 2009), for September 2009, in an unusual second presentation before the Court (see September 9, 2009). According to the justices, the lawyers for both Citizens United (CU) and the federal government should argue whether previous Court rulings upholding federal election law should be overturned based on First Amendment grounds. Both sides are asked to argue whether the Court should overrule the 1990 Austin decision (see March 27, 1990), which upheld restrictions on corporate spending on political campaigns, and/or the 2003 McConnell decision (see December 10, 2003), which upheld the bulk of the 2002 Bipartisan Campaign Reform Act (BCRA—see March 27, 2002). Law professor Nathaniel Persily says of the directive: “The Court is poised to reverse longstanding precedents concerning the rights of corporations to participate in politics. The only reason to ask for reargument on this is if they’re going to overturn Austin and McConnell.” The New York Times observes, “The Roberts court [referring to the Supreme Court under Chief Justice John Roberts] has struck down every campaign finance regulation to reach it, and it seems to have a majority prepared to do more.” Previous lower court rulings have found that CU’s attempt to air a film attacking presidential candidate Hillary Clinton (D-NY) was an attempt to engage in “electioneering,” and thus came under the restrictions of the McCain-Feingold campaign law (see March 27, 2002). The film was financed in part by donations from corporations and individuals whom CU has refused to identify. [United Press International, 6/29/2009; New York Times, 6/29/2009] CU previously attempted to have its case heard by the Court, but the Court sent the case back to a federal appeals court, which ruled in favor of the Federal Election Commission (FEC) and against CU (see March 24, 2008). Law professor Richard Hasen agrees with Persily and the Times that the decision to reargue the case a second time indicates that the Court’s conservative majority is prepared to overturn both Austin and McConnell, and allow essentially unlimited corporate spending in federal elections. Hasen writes that if the Court does indeed rule in favor of unlimited corporate spending, it will be in response to the fundraising advantage currently enjoyed by Democratic presidential candidate Barack Obama (D-IL) over his Republican counterpart, John McCain (R-AZ). [Slate, 6/29/2009] The decision will indeed overturn both Austin and McConnell, and gut most of the BCRA (see January 21, 2010).

Entity Tags: Hillary Clinton, Bipartisan Campaign Reform Act of 2002, Barack Obama, Federal Election Commission, US Supreme Court, New York Times, John G. Roberts, Jr, Richard L. Hasen, Nathaniel Persily, John McCain, Citizens United

Timeline Tags: Civil Liberties

Author Jerome Corsi, who has made a number of disproven and debunked claims concerning President Obama’s citizenship (see August 1, 2008 and After, August 15, 2008, October 8, 2008, and October 9, 2008), now claims that he has “proof” Obama’s attendance and exemplary performance at Harvard Law School were engineered by a Saudi prince through the auspices of an African-American Muslim radical. He points to Obama’s decision not to release his college transcripts as circumstantial evidence (see September 11, 2008), saying that decision “prevents resolution of a continuing controversy over whether radical Islamic influences promoted his admission and financed his legal education there.” The “continuing controversy” centers on a lawyer named Percy Sutton, who claims that Islamic radical Khalid Abdullah Tariq al-Mansour, “one of the world’s wealthiest men,” asked him to write a letter of recommendation to Harvard Law School for then relatively unknown Barack Obama. Sutton says al-Mansour, a Saudi citizen, introduced him to Obama, and says al-Mansour was raising money for Obama to attend Harvard. Sutton says al-Mansour was a “principal adviser” to Saudi Prince Alwaleed bin Talal, who, Sutton says, actually engineered Obama’s acceptance to Harvard. According to Sutton, he was told in a letter from al-Mansour: “There’s a young man that has applied to Harvard. I know that you have a few friends left there because you used to go up there to speak. Would you please write a letter in support of him?” Sutton says he did write the letter, and told friends at Harvard, “I thought there was going to be a genius that was going to be available and I certainly hoped they would treat him kindly.” The Obama campaign denied the story during the 2008 presidential campaign. Sutton, who is in his 80s and apparently suffers from some sort of senile dementia or memory loss that precludes him being contacted by Corsi or other members of the press, has made his allegations in a YouTube video that Corsi cites as his “proof.” In 2008, Politico reporter Ben Smith contacted al-Mansour, who confirmed Sutton was “a dear friend, his health is not good” and said he’s sure Sutton wrote a letter for someone else, “and he got it confused.” Corsi has requested that the White House release all of Obama’s law school records to “resolve the issue.” Al-Mansour, Corsi claims, was originally Don Warden, a member of the 1960s Black Panthers. [WorldNetDaily, 7/21/2009]

Entity Tags: Percy Sutton, Alwaleed bin Talal, Barack Obama, Jerome Corsi, Ben Smith, Harvard University Law School, Don Warden, Khalid Abdullah Tariq al-Mansour

Timeline Tags: Domestic Propaganda

The second round of arguments in the Citizens United v. Federal Election Commission case (see January 10-16, 2008, March 24, 2008, March 15, 2009, and June 29, 2009) is heard by the US Supreme Court. The first round of arguments, which unexpectedly focused on an unplanned examination of government censorship, ended in a 5-4 split, with the majority of conservative justices readying a decision to essentially gut the entire body of federal campaign finance law in the name of the First Amendment (see March 27, 1990, March 27, 2002, and December 10, 2003), but an angry dissent by Justice David Souter that accused Chief Justice John Roberts of failing to follow the procedures of the Court in rendering the opinion prompted Roberts to temporarily withdraw the opinion and offer a rare second argument (see May 14, 2012). Newly appointed Solicitor General Elena Kagan argues her first case before the Court. Citizens United, the plaintiff, is represented by former Bush administration Solicitor General Theodore Olson. Olson, a veteran of Court arguments, quickly discerns from the new round of “Questions Presented” that the Court is prepared to not only find in the plaintiff’s favor, but to use the case to render a broad verdict against campaign finance law as a whole. Olson argues cautiously, not wanting to extend the case farther than the Court may desire. The four minority liberal justices, knowing the case is lost, try their best in their questioning to raise awareness in the public once news reports of the arguments are made public. One of those justices, Ruth Bader Ginsburg, asks: “Mr. Olson, are you taking the position that there is no difference” between the First Amendment rights of a corporation and those of an individual? “A corporation, after all, is not endowed by its creator with inalienable rights. So is there any distinction that Congress could draw between corporations and natural human beings for purposes of campaign finance?” Olson replies, “What the Court has said in the First Amendment context… over and over again is that corporations are persons entitled to protection under the First Amendment” (see January 30, 1976, April 26, 1978, June 25, 2007, and June 26, 2008). Ginsburg follows up by asking, “Would that include today’s mega-corporations, where many of the investors may be foreign individuals or entities?” Olson replies, “The Court in the past has made no distinction based upon the nature of the entity that might own a share of a corporation.” Kagan then takes her turn, and begins: “Mr. Chief Justice, and may it please the Court, I have three very quick points to make about the government position. The first is that this issue has a long history. For over a hundred years, Congress has made a judgment that corporations must be subject to special rules when they participate in elections, and this Court has never questioned that judgment.” She begins to make her second point before Justice Antonin Scalia, one of the conservative majority, interrupts her. In 2012, author and reporter Jeffrey Toobin will write that Kagan almost certainly knows hers is a legal “suicide mission,” and can only hope that her arguments may sway the Court to narrow its decision and leave some of the existing body of campaign finance law intact. She tells Roberts later in the questioning period, “Mr. Chief Justice, as to whether the government has a preference as to the way in which it loses, if it has to lose, the answer is yes.” Justice John Paul Stevens, the most senior of the liberal minority, attempts to assist Kagan in making her argument, suggesting that the Court should content itself with a narrow ruling, perhaps creating an exception in the McCain-Feingold law (see March 27, 2002) for the plaintiff’s documentary (see January 10-16, 2008) or for “ads that are financed exclusively by individuals even though they are sponsored by a corporation.” Kagan agrees with Stevens’s proposal. Stevens then says: “Nobody has explained why that wouldn’t be a proper solution, not nearly as drastic. Why is that not the wisest narrow solution of the problem before us?” Kagan, with help from Ginsburg, undoes some of the damage done by Deputy Solicitor General Malcolm Stewart during the first argument, where he inadvertently gave the conservative justices the “censorship” argument by which they could justify a broader verdict. Ginsburg asks: “May I ask you one question that was highlighted in the prior argument, and that was if Congress could say no TV and radio ads, could it also say no newspaper ads, no campaign biographies? Last time, the answer was yes, Congress could, but it didn’t. Is that still the government’s answer?” Kagan replies: “The government’s answer has changed, Justice Ginsburg. We took the Court’s own reaction to some of those other hypotheticals very seriously. We went back, we considered the matter carefully.” Unlike Stewart, Kagan specifically says that the government cannot ban books. But the censorship argument remains. After the arguments, the justices render the same verdict: a 5-4 split favoring Citizens United. Roberts, Scalia, and Justices Samuel Alito, Anthony Kennedy, and Clarence Thomas vote in the majority, while Ginsburg, Stevens, and Justices Stephen Breyer and Sonia Sotomayor vote in the minority. The second round of questioning, with its much broader scope, gives Roberts and his conservative colleagues the justification they need to render a broad verdict that would gut existing campaign finance law (see January 21, 2010). [New Yorker, 5/21/2012]

Entity Tags: Elena Kagan, US Supreme Court, Citizens United, Antonin Scalia, Anthony Kennedy, Theodore (“Ted”) Olson, David Souter, Stephen Breyer, Samuel Alito, John G. Roberts, Jr, Jeffrey Toobin, Federal Election Commission, Sonia Sotomayor, John Paul Stevens, Ruth Bader Ginsburg, Malcolm Stewart, Clarence Thomas

Timeline Tags: Civil Liberties

The New York Times calls today’s ruling in the Citizens United case (see January 21, 2010) “disastrous,” saying that “the Supreme Court has thrust politics back to the robber-baron era of the 19th century.” The Court has used the excuse of the First Amendment (see January 21, 2010) to “pave… the way for corporations to use their vast treasuries to overwhelm elections and intimidate elected officials into doing their bidding.” The Times recommends that Congress should “act immediately to limit the damage of this radical decision, which strikes at the heart of democracy.” In essence, the Times writes, lobbyists for corporate, labor, and special interests now have the power to sway elections in the directions they prefer. And the ruling gives those same interests the power to intimidate and even coerce candidates. “If a member of Congress tries to stand up to a wealthy special interest,” the Times writes, “its lobbyists can credibly threaten: We’ll spend whatever it takes to defeat you.” The Times notes that since the inception of the nation, its founders have “warned about the dangers of corporate influence. The Constitution they wrote mentions many things and assigns them rights and protections—the people, militias, the press, religions. But it does not mention corporations.” Corporate money has been banned from elections since 1907 (see 1907), and that ban has been in place, in one form or another (see June 25, 1910, 1925, 1935, 1940, June 25, 1943, June 23, 1947, March 11, 1957, February 7, 1972, 1974, May 11, 1976, January 30, 1976, January 8, 1980, March 27, 1990, March 27, 2002, and December 10, 2003), until today. The Times accuses the Court of “overreach[ing],” using “a case involving a narrower, technical question involving the broadcast of a movie that attacked Hillary Clinton during the 2008 campaign (see January 10-16, 2008). The Court elevated that case to a forum for striking down the entire ban on corporate spending and then rushed the process of hearing the case at breakneck speed. It gave lawyers a month to prepare briefs on an issue of enormous complexity (see June 29, 2009), and it scheduled arguments during its vacation” (see September 9, 2009). The Times says the ruling is “deeply wrong on the law,” particularly in declaring corporations as equivalent to people, with the same First Amendment rights. “It is an odd claim since companies are creations of the state that exist to make money. They are given special privileges, including different tax rates, to do just that. It was a fundamental misreading of the Constitution to say that these artificial legal constructs have the same right to spend money on politics as ordinary Americans have to speak out in support of a candidate.” And the Times derides the statement in the Court’s majority opinion that says independent corporate expenditures “do not give rise to corruption or the appearance of corruption,” citing Senator John McCain (R-AZ)‘s characterization of the Court’s reasoning as being plagued by “extreme naivete.” The Citizens United case is, the Times writes, “likely to be viewed as a shameful bookend to Bush v. Gore (see 9:54 p.m. December 12, 2000). With one 5-to-4 decision, the Court’s conservative majority stopped valid votes from being counted to ensure the election of a conservative president. Now a similar conservative majority has distorted the political system to ensure that Republican candidates will be at an enormous advantage in future elections.” The only two ways to rectify the situation, the Times concludes, are to overturn the ruling via Congressional legislation and have a future Court—with a different makeup—overturn the decision itself. [New York Times, 1/21/2010]

Entity Tags: John McCain, Hillary Clinton, US Congress, New York Times, US Supreme Court

Timeline Tags: Civil Liberties

The Wall Street Journal celebrates the Citizens United Supreme Court decision (see January 21, 2010) as a victory for “free speech” (see January 21, 2010). In an unsigned editorial, the Journal celebrates the decision by stating that the Court used the Constitution to “rescue” the political system from “marauding government” elements, particularly a “reckless Congress.” The Journal claims that the Citizens United case rested on the Federal Election Commission (FEC)‘s refusal to allow the airing of a 90-minute political attack documentary on presidential candidate Senator Hillary Clinton (D-NY) because the film was “less than complimentary” of her. In reality, the FEC considered the film “electioneering” by the organization that released the film, Citizens United, and prohibited it from being shown on pay-per-view cable access (see January 10-16, 2008). The Court rejected campaign finance law’s limitation on corporate spending, prompting the Journal to state, “Corporations are entitled to the same right that individuals have to spend money on political speech for or against a candidate.” Any other state of affairs, the Journal writes, constitutes censorship. The Journal criticizes President Obama for speaking out against the decision (see January 21, 2010), saying that Obama put “on his new populist facade to call it ‘a major victory for big oil, Wall Street banks, health insurance companies,’ and other ‘special interests.’ Mr. Obama didn’t mention his union friends as one of those interests, but their political spending will also be protected by the logic of this ruling. The reality is that free speech is no one’s special interest.” The Journal dismisses promises by Congressional Democrats to pass legislation or even bring forth a constitutional amendment limiting corporate donations by stating, “Liberalism’s bullying tendencies are never more on display than when its denizens are at war with the speech rights of its opponents.” The Journal concludes by advocating that the Court overturn its 1976 Buckley v. Valeo decision (see January 30, 1976) that placed modest limits on corporate spending, in essence advocating the complete deregulation of campaign financing. “The Court did yesterday uphold disclosure rules, so a sensible step now would be for Congress to remove all campaign-finance limits subject only to immediate disclosure on the Internet,” the Journal states. “Citizens United is in any event a bracing declaration that Congress’s long and misbegotten campaign-finance crusade has reached a constitutional dead end.” [Wall Street Journal, 1/22/2010]

Entity Tags: Citizens United, Barack Obama, Wall Street Journal, US Supreme Court, Hillary Clinton, Federal Election Commission

Timeline Tags: Civil Liberties

James Bopp Jr.James Bopp Jr. [Source: Associated Press / Politico]A former lawyer for Citizens United (CU), James Bopp Jr., confirms that the organization had a “10-year plan” that culminated in the recent Citizens United ruling that overturned most of US campaign finance law (see January 21, 2010). Bopp has been battling government restrictions on abortion (see November 1980 and After) and campaign finance (see Mid-2004 and After, January 10-16, 2008, and March 24, 2008) for much of his 35-year career. He calls his opponents, including President Obama, “socialists,” and justifies his views by citing the First Amendment. Bopp did not argue the case before the Supreme Court; Citizens United replaced him with what the New York Times calls “a less ideological and more experienced Washington lawyer” (see March 15, 2009). But Bopp is the lawyer who advised CU to use its documentary about presidential candidate Hillary Clinton (D-NY—see January 10-16, 2008) as a test case to push the limits of corporate spending. He says his strategy continues, with the ultimate goal of deregulating campaign finance completely. “We had a 10-year plan to take all this down,” Bopp says. “And if we do it right, I think we can pretty well dismantle the entire regulatory regime that is called campaign finance law.… We have been awfully successful, and we are not done yet.” Law professor and campaign finance law expert Richard Hasen says the CU case “was really Jim’s brainchild.” Hasen explains: “He has manufactured these cases to present certain questions to the Supreme Court in a certain order and achieve a certain result. He is a litigation machine.” Bopp has other cases on appeal with various courts, all designed to do what the Times says “chip away at some of the disclosure laws left intact by the Supreme Court’s ruling in the Citizens United case.” One of Bopp’s main goals is to end the ban on direct donations by corporations to candidates, a goal law professor Nathaniel Persily says is logical in light of Bopp’s earlier efforts: “If you cannot ban corporate spending on ads, how is it that you are allowed to ban corporate contributions to candidates? That is the next shoe to drop.” He also wants to end all disclosure requirements, explaining, “Groups have to be relieved of reporting their donors if lifting the prohibition on their political speech is going to have any meaning.” Forcing groups who buy political commercials to disclose their donors is nearly as punitive, he says, “as an outright criminal go-to-jail-time prohibition.” Bopp says he harbors no ill will towards CU from replacing him with another lawyer to argue the case before the Court. “I understand that law is art,” he says. “Picasso, Van Gogh, Michelangelo—they are all very different, but all create masterpieces.” [New York Times, 1/25/2010]

Entity Tags: Nathaniel Persily, Barack Obama, Citizens United, New York Times, Hillary Clinton, US Supreme Court, James Bopp, Jr, Richard L. Hasen

Timeline Tags: Civil Liberties

The retired director of the ACLU, Ira Glasser, writes a detailed editorial in support of the recent Citizens United ruling that opened the way for corporations and labor unions to spend unlimited money in campaign activities (see January 21, 2010). The ACLU supported the case throughout its progression (see January 10-16, 2008, March 24, 2008, March 15, 2009, June 29, 2009, and September 9, 2009), and filed briefs in support of the plaintiff, the conservative advocacy group Citizens United. Glasser says that the “screaming dismay” that “most liberals” evinced on hearing of the decision was unwarranted. Corporations are still banned from directly contributing to political campaigns, and President Obama’s assertion that the decision “reversed a century of law” is incorrect; the 1907 Tillman Act that banned corporations from contributing to campaigns or candidates is still in effect (see 1907). Instead, Glasser writes, the decision is “a huge victory… for freedom of speech and against government censorship” (see January 21, 2010, January 22, 2010, and February 2, 2010). Corporations, he writes, have the same right to speech as individuals, and they exercise that speech by spending money promoting issues and candidates, or criticizing those issues and candidates. He cites two instances in which the ACLU was stopped by the Federal Election Commission (FEC) from engaging in “political free speech,” one in 1972 when the FEC stopped the ACLU from taking out an ad in the New York Times criticizing President Nixon’s opposition to school busing to implement integration, and in 1984, when the FEC barred the ACLU from making public statements critical of President Reagan. Both instances took place inside the “window” of time before an election (30 days before a primary, 60 days before a general election) in which such utterances were considered supporting a candidate. Nonprofit groups such as Citizens United have been victimized for decades by campaign finance restrictions, Glasser writes. Later in the article, he derides the idea that restricting or controlling speech creates equality between rich and poor in elections, curbing the propensity for the rich to wield more influence and be heard more broadly than less wealthy citizens or organizations. “Money isn’t speech, but how much money one has always determines how much speech one has,” Glasser writes. “Most if not all of you reading this have never had as much speech as, say, the New York Times or George Soros or Nelson Rockefeller or George Bush or, as we recently discovered in my city, Mayor [Michael] Bloomberg. The inequities of speech that flow from the inequities of wealth are certainly a big and distorting problem for a democracy, and have always been so, and not just during elections. No one knows how to remedy that, short of fundamental re-distributions of wealth. But I’ll tell you what isn’t a remedy: granting the government the power to decide who should speak, and how much speech is enough. Nothing but disaster flows from that approach, and that was what was at stake in this case.” He concludes by advocating public financing of elections entirely, writing: “Liberals and Democrats have been the chief offenders… favoring equity in the abstract but never seeing how the particular reforms they advocated made the problems they wished to remedy worse, and never seeing that giving the government the authority to regulate speech was not a good thing. Maybe now this result, which has steamed up liberals and Democrats, may at last shift their attention to the kind of public financing that equitably provides money for more speech instead of pretending to create equity by granting the government the authority to restrict speech. We shall see.” [Huffington Post, 2/3/2010]

Entity Tags: Citizens United, American Civil Liberties Union, Federal Election Commission, Barack Obama, Tillman Act, Ira Glasser

Timeline Tags: Civil Liberties

Author Jerome Corsi (see August 1, 2008 and After, August 15, 2008, October 8, 2008, October 9, 2008, and July 21, 2009) alleges that President Obama stole the identity of a “natural born” American citizen and is “using someone else’s Social Security number.” Speaking to WorldNetDaily’s Taking America Back 2010 convention in Miami, Corsi tells the audience: “People say Barack Obama is an ‘undocumented worker’ in the White House. Well, partly that’s true. But you know what he really is. This is a case of identity theft. Barack Obama has stolen the identity of a natural-born citizen and is using the passport—I’m sorry, he’s using the Social Security number of someone who was issued that card, was issued to in Connecticut. Barack Obama never lived in Connecticut. He wasn’t in Connecticut at the time that card was issued. And the identity theft experts tell us that the card was issued first to somebody else. Why is Barack Obama using somebody else’s Social Security number? This is a case of identity theft.” Corsi offers no evidence to support his claim. [Media Matters, 9/21/2010]

Entity Tags: Jerome Corsi, WorldNetDaily, Barack Obama

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Domestic Propaganda, 2012 Elections

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

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

Timeline Tags: Civil Liberties, 2012 Elections

Rolling Stone reporter Ari Berman writes that Republican lawmakers across the nation have launched “an unprecedented, centrally coordinated campaign to suppress the elements of the Democratic vote that helped elect Barack Obama in 2008. Just as Dixiecrats once used poll taxes and literacy tests to bar black Southerners from voting, a new crop of GOP governors and state legislators has passed a series of seemingly disconnected measures that could prevent millions of students, minorities, immigrants, ex-convicts and the elderly from casting ballots.” The initiative is ostensibly to counter the “epidemic” of “voter fraud” that Republicans insist is not only plaguing the nation, but affecting the outcome of elections. (In 2007, the Brennan Center released a report that found the instance of voter fraud vanishingly small, and concluded that more people die by lightning strikes than commit voter fraud—see 2007). Judith Browne-Dianis of the Advancement Project tells Berman, “What has happened this year is the most significant setback to voting rights in this country in a century.” As far back as 1980, powerful Republican operative Paul Weyrich told evangelical leaders: “I don’t want everybody to vote. As a matter of fact, our leverage in the elections quite candidly goes up as the voting populace goes down.” In 2010, the American Legislative Exchange Council (ALEC), a group founded by Weyrich and funded in part by the billionaire Koch brothers (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011), began working to disenfranchise hundreds of thousands, perhaps millions, of legitimate voters, almost of all identified as being part of ethnic or gender groups that are more likely to vote Democratic. Thirty-eight states have submitted legislation designed to impede voting “at almost every step of the electoral process.”
Requiring Proof of Citizenship - Kansas and Alabama now require would-be voters to show proof of US citizenship before being allowed to vote.
Impeding Voter Registration - Florida and Texas have passed legislation making it more difficult for groups like the League of Women Voters, an organization widely considered to lean Democratic, to register new voters. Maine repealed same-day registration, which had been in effect since 1973 and had worked to significantly increase voter participation. The Florida legislature passed a law requiring groups to hand in voter registration forms within 48 hours of collection, and imposed what Berman calls “a barrage of onerous, bureaucratic requirements” and serious criminal penalties for those who fail to comply. As a result, many people who once volunteered to help register voters are afraid to do so again. The League of Women Voters says it will no longer operate in Florida, and called Florida’s efforts “good old-fashioned voter suppression.” The Florida statute took effect one day after its passage, under an emergency statute designed for “an immediate danger to the public health, safety or welfare.” Since 2009, Florida has arrested a total of three people for suspected voter fraud. Republican state senator Mike Fasano, one of the few in his party to oppose the restrictions on registrations, says, “No one could give me an example of all this fraud they speak about.”
Curbing Early Voting - Florida, Georgia, Ohio, Tennessee, and West Virginia have cut short early-voting periods. Six states have moved to impose new restrictions on voter registration drives. In 2004, then-Florida governor Jeb Bush (R-FL) said he thought early voting was “great.… It’s another reform we added that has helped provide access to the polls and provide a convenience. And we’re going to have a high voter turnout here, and I think that’s wonderful.” However, his successor Rick Scott (R-FL) does not agree, and neither do most Republicans. After analysis showed what a benefit early voting was for Obama’s numbers, early voting became a key target. Florida has cut early voting days from 14 to 8 days. Ohio, where early voting numbers gave Obama a narrow victory in 2008, has cut its early voting days from 35 to 11, with only limited hours on weekends. Both states have banned voting on the Sunday before elections, when many black churches historically mobilize their constituents. The Early Voting Information Center at Reed College states, “There is no evidence that any form of convenience voting has led to higher levels of fraud.”
Denying Convicted Felons the Right to Vote - Florida and Iowa have passed laws denying convicted felons the right to vote, disenfranchising thousands of previously eligible voters even if they have already served their sentences and have returned to society. Former Florida Governor Charlie Crist (R-FL) restored the voting rights of 154,000 felons convicted of non-violent crimes. In March 2011, after 30 minutes of public debate, Governor Scott overturned that decision, instantly disenfranchising almost 98,000 citizens and prohibiting another 1.1 million convicts from being allowed to vote after they are released from prison. Former President Bill Clinton asked in July: “Why should we disenfranchise people forever once they’ve paid their price? Because most of them in Florida were African-Americans and Hispanics and would tend to vote for Democrats—that’s why.” Iowa Governor Terry Branstad (R-IA) recently took a similar action, overturning his predecessor’s decision to restore voting rights to some 100,000 ex-felons. Until recent years, Iowa saw up to five percent of its residents ineligible to vote, including 33 percent of its African-American residents. Florida, Iowa, Kentucky, and Virginia require former felons to apply for the right to vote to be restored.
Voter Identification - Six states—Alabama, Kansas, South Carolina, Tennessee, Texas, and Wisconsin, all controlled by Republican governors and legislatures—have passed laws requiring an official government ID to cast a ballot. Berman notes that some 10 percent of US citizens lack such identification, and the number of young and black voters, groups that traditionally lean Democratic, are much higher. The turn towards voter ID requirements began in 2008, when the US Supreme Court upheld an Indiana photo-ID requirement even though state lawyers could not produce a single instance of the kind of voter fraud that photo ID laws are designed to prevent. After the ruling, ALEC orchestrated a nationwide move towards photo ID requirements. ALEC wrote draft legislation for Republican legislators based on Indiana’s ID requirement. Five of the states that passed those laws had their legislation submitted by legislators who belong to ALEC. Heather Smith, president of the voter-registration group Rock the Vote, says: “We’re seeing the same legislation being proposed state by state by state. And they’re not being shy in any of these places about clearly and blatantly targeting specific demographic groups, including students.” In Texas, the Republican-dominated legislature passed “emergency” legislation that was signed into law by Governor Rick Perry saying that a concealed-weapons permit is acceptable ID, but a college ID is not. Republicans in Wisconsin effectively disenfranchised every college student by requiring that acceptable IDs contain information that no colleges put on their IDs. Dane County board supervisor Analiese Eicher says, “It’s like creating a second class of citizens in terms of who gets to vote.” In Wisconsin, for example, about half of African- and Hispanic-American citizens do not have a driver’s license, and the state has an extremely small number of Department of Motor Vehicles (DMV) offices—some of which are only open one day a month. Governor Scott Walker (R-WI) attempted to close 16 DMV offices, all in heavily Democratic-voting areas. Berman notes, “Walker planned to close a DMV in Fort Atkinson, a liberal stronghold, while opening a new office 30 minutes away in the conservative district of Watertown.” Democratic governors in five states—Minnesota, Missouri, Montana, New Hampshire, and North Carolina—have all vetoed ID laws. Voters in Mississippi and Montana are considering ballot initiatives requiring voter IDs. Legislation is currently pending in Pennsylvania. Perhaps the most restrictive law was signed into effect by South Carolina Governor Nikki Haley (R-SC). Voters must have a free state ID to vote—but they must pay for a passport or birth certificate. Brown-Dianis says, “It’s the stepsister of the poll tax.” Many elderly black residents who were born at home in the segregated South and were never issued birth certificates can no longer vote unless they go to family court to prove their identity.
Significant Impact on 2012 Voting - Berman writes that when these measures are taken in the aggregate, the turnout of Democrats to the 2012 votes will be significantly smaller, perhaps enough to throw races to Republican candidates. In July, Clinton told a group of student activists: “One of the most pervasive political movements going on outside Washington today is the disciplined, passionate, determined effort of Republican governors and legislators to keep most of you from voting next time. Why is all of this going on? This is not rocket science. They are trying to make the 2012 electorate look more like the 2010 electorate than the 2008 electorate.” Clinton was referring to the 2010 elections, widely considered a Republican “wave” election in part because of far smaller turnouts among young and minority voters than in 2008, and because of a large number of “tea party” voters. Clinton added, “There has never been in my lifetime, since we got rid of the poll tax and all the Jim Crow burdens on voting, the determined effort to limit the franchise that we see today.”
Cracking Down on Voter Fraud? - Republicans insist that voter fraud is rampant in America. Since George W. Bush took office in 2001 after losing the popular vote (see 9:54 p.m. December 12, 2000), his administration made “voter fraud” a top priority for Justice Department prosecutors. In 2006, the DOJ fired two US Attorneys who refused to prosecute patently fraudulent voter fraud allegations. Bush advisor Karl Rove called voter fraud “an enormous and growing problem.” He told the Republican National Lawyers Association that America is “beginning to look like we have elections like those run in countries where the guys in charge are colonels in mirrored sunglasses.” The Republicans successfully destroyed the community activism group ACORN (Association of Community Organizations for Reform Now) after false allegations were made that it was, as Berman writes, “actively recruiting armies of fake voters to misrepresent themselves at the polls and cast illegal ballots for the Democrats.” A massive DOJ probe in 2006 and 2007 failed to prosecute a single person for intentionally impersonating another person at the polls, an action that the DOJ claimed was at the heart of the voter fraud investigation. Eighty-six cases of voter fraud did win convictions, but most of those were immigrants and former felons who did not intentionally cast illegal votes. An enormous investigation in Wisconsin resulted in 0.0007 percent of the electorate being prosecuted for voter fraud. And the Brennan Center report found the instance of voter fraud in America extraordinarily small (see 2007).
Voter Fraud Allegations Dog Obama Victory - Republican lawmakers and activists made a raft of allegations after the November 2008 elections that placed the White House in the hands of Barack Obama (D-IL). The 29 states that register voter affiliation showed a roughly 2-1 increase in new Democratic voters over Republicans for 2008, and Obama won almost 70 percent of those votes. Election reform expert Tova Wang says flatly, “This latest flood of attacks on voting rights is a direct shot at the communities that came out in historic numbers for the first time in 2008 and put Obama over the top.” Berman cites Kansas Secretary of State Kris Kobach as emblematic of the Republican pushback against the Obama victory. Kobach is a former Bush-era Justice Department advisor who helped push through his state’s requirement that every voter prove his or her citizenship, ignoring the fact that Kansas has prosecuted exactly one case of voter fraud since 2006. Kobach used fear of illegal immigrants to help push his requirement through, stating without evidence, “In Kansas, the illegal registration of alien voters has become pervasive.” He also stated that many people were casting ballots in the name of dead voters, and cited the example of Alfred K. Brewer as a dead voter who mysteriously voted in 2008. However, as the Wichita Eagle showed, Brewer is very much alive. “I don’t think this is heaven,” Brewer told the Eagle, “[n]ot when I’m raking leaves.” Representative John Lewis (D-AL), a civil rights crusader who was brutally beaten during the 1960s effort to win voting rights for African-Americans, says bluntly, “Voting rights are under attack in America.” On the House floor in July, Lewis told the assemblage, “There’s a deliberate and systematic attempt to prevent millions of elderly voters, young voters, students, minority and low-income voters from exercising their constitutional right to engage in the democratic process.”
Fighting Voter Disenfranchisement - Voting-rights organizations are fighting back as best they can. The American Civil Liberties Union (ACLU) is challenging several of the new voter-restriction laws in court. Congressional Democrats are pushing the Department of Justice to block or weaken laws that impede minority voters from exercising their rights. Lewis says, “The Justice Department should be much more aggressive in areas covered by the Voting Rights Act.” Meanwhile, many voting-rights experts predict chaos at the polls in November 2012, as voters react with confusion, frustration, and anger at being barred from voting. “Our democracy is supposed to be a government by, of, and for the people,” says Browne-Dianis. “It doesn’t matter how much money you have, what race you are, or where you live in the country—we all get to have the same amount of power by going into the voting booth on Election Day. But those who passed these laws believe that only some people should participate. The restrictions undermine democracy by cutting off the voices of the people.” [Rolling Stone, 8/30/2011]

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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