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Context of 'December 2002: Forest Service Says Content Analysis Team Is Being Reviewed for Possible Outsourcing'

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A four-image progression of photos showing World Trade Center Building 7 collapsing down into its footprint.A four-image progression of photos showing World Trade Center Building 7 collapsing down into its footprint. [Source: unknown] (click image to enlarge)Building 7 of the World Trade Center complex, a 47-story tower, collapses. No one is killed. (CNN 9/12/2001; Washington Post 9/12/2001; MSNBC 9/22/2001; Associated Press 8/21/2002) It collapses in 6.6 seconds, which is just 0.6 of a second longer than it would have taken a free-falling object dropped from its roof to hit the ground. (Jarvik 11/10/2005) Many questions will arise over the cause of its collapse in the coming months and years. Building 7, which was not hit by an airplane, is the first modern, steel-reinforced high-rise to collapse because of fire. (Glanz 11/29/2001; Shwartz 12/5/2001; Glanz and Lipton 3/2/2002) Some will later suggest that the diesel fuel stored in several tanks on the premises may have contributed to the building’s collapse. The building contained a 6,000-gallon tank between its first and second floors and another four tanks, holding as much as 36,000 gallons, below ground level. There were also three smaller tanks on higher floors. (Glanz 11/29/2001; Glanz and Lipton 3/2/2002; Rice 3/25/2002; Federal Emergency Management Agency 5/1/2002, pp. 1-17) However, the cause of the collapse is uncertain. A 2002 government report will conclude: “The specifics of the fires in WTC 7 and how they caused the building to collapse remain unknown at this time. Although the total diesel fuel on the premises contained massive potential energy, the best hypothesis has only a low probability of occurrence.” (Federal Emergency Management Agency 5/1/2002, pp. 1-17) Some reports indicate that the building may have been deliberately destroyed. Shortly after the collapse, CBS News anchor Dan Rather comments that the collapse is “reminiscent of… when a building was deliberately destroyed by well-placed dynamite to knock it down.” (CBS News 9/11/2001) And moments after the collapse, MSNBC’s Brian Williams joins David Restuccio, an FDNY lieutenant, by phone to ask him about the collapse. “You guys knew this was coming all day?” asks Williams. Restuccio replies: “We had heard reports that the building was unstable, and that it would eventually need to come down on its own, or it would be taken down. I would imagine it came down on its own.” Restuccio does not explain what he means by “it would be taken down.” (MSNBC 9/11/2001)

President Bush arrives at the White House, after exiting Air Force One at 6:42 p.m. and flying across Washington in a helicopter. (Tapper 9/12/2001; CNN 9/12/2001; Langley 12/16/2001; Associated Press 8/21/2002; ABC News 9/11/2002; Sammon 10/8/2002)

Following the attacks, there is no agreement on the speed with which the Twin Towers of the World Trade Center collapsed on 9/11 (see 9:59 a.m. September 11, 2001 and 10:28 a.m. September 11, 2001). The 9/11 Commission says that the South Tower collapsed in “ten seconds” and the National Institute of Standards and Technology says that tops of the buildings came down “essentially in free fall.” (9/11 Commission 7/24/2004, pp. 305; National Institute of Standards and Technology 9/2005, pp. 146) In the dispute over the reason for the WTC’s collapse after 9/11, it is claimed that, if the towers fell in ten seconds, then this is evidence they were destroyed by explosives. For example, David Ray Griffin, a theologian and outspoken critic of commission’s report, writes, “For a 1,300-foot building, however, ten seconds is almost free-fall speed. But if each floor produced just a little resistance, so that breaking through each one took half a second, the collapse of all those floors—80 or 95 of them—would have taken 40 to 47 seconds. Can we really believe that the upper part of the buildings encountered virtually no resistance from the lower part?” (Griffin 2004, pp. 16) But according to Canadian scientist Frank Greening, who studies the Twin Towers’ collapse, the freefall time would be about 9.6 seconds, and he calculates that it takes longer for the buildings to fall—twelve to thirteen and a half seconds—and states this does not indicate that explosives were used. (Canadian Broadcasting Corporation 8/25/2005)

Carl Levin.Carl Levin. [Source: Publicity photo]Air Force General Richard Myers is questioned about the US military’s response to the 9/11 attacks when he appears before the Senate Armed Services Committee for his confirmation hearing as chairman of the Joint Chiefs of Staff, but his answers are vague and confused, and he claims, incorrectly, that no fighter jets were scrambled in response to the hijackings until after the Pentagon was hit. (Shenon 2008, pp. 119; Farmer 2009, pp. 241-243) Myers has been the vice chairman of the Joint Chiefs of Staff since March 2000. (US Air Force 9/2005) With General Henry Shelton, the chairman of the Joint Chiefs of Staff, flying toward Europe on the morning of September 11 (see (8:50 a.m.-10:00 a.m.) September 11, 2001), he served as the acting chairman of the Joint Chiefs of Staff during the 9/11 attacks. (Myers 2009, pp. 10; Shelton, Levinson, and McConnell 2010, pp. 431-433)
Myers Says Fighters Were Only Scrambled after the Pentagon Attack - During the hearing, Senator Carl Levin (D-MI) asks if the Department of Defense was contacted by “the FAA or the FBI or any other agency” after the first two hijacked aircraft crashed into the World Trade Center, at 8:46 a.m. and 9:03 a.m. (see 8:46 a.m. September 11, 2001 and 9:03 a.m. September 11, 2001), but before 9:37 a.m., when the Pentagon was hit (see 9:37 a.m. September 11, 2001). Myers replies, “I don’t know the answer to that question.” Levin then asks if the military was “asked to take action against any specific aircraft” during the attacks. Myers answers, “When it became clear what the threat was, we did scramble fighter aircraft, AWACS, radar aircraft, and tanker aircraft to begin to establish orbits in case other aircraft showed up in the FAA system that were hijacked.” Myers elaborates later in the hearing, telling Senator Bill Nelson (D-FL): “[A]fter the second tower was hit, I spoke to the commander of NORAD, General [Ralph] Eberhart (see (9:37 a.m.) September 11, 2001). And at that point, I think the decision was at that point to start launching aircraft.” But he tells Levin that “to the best of my knowledge,” the order to scramble fighters was only given “after the Pentagon was struck.”
Flight 93 Was Not Shot Down, Myers Says - Myers addresses the military’s response to Flight 93, the fourth hijacked plane, which crashed in a field in Pennsylvania (see (10:03 a.m.-10:10 a.m.) September 11, 2001 and (10:06 a.m.) September 11, 2001). He says: “[I]f my memory serves me… we had launched on the one that eventually crashed in Pennsylvania. I mean, we had gotten somebody close to it, as I recall.” However, he adds, “I’ll have to check that out.” When Levin mentions that there have been “statements that the aircraft that crashed in Pennsylvania was shot down,” Myers responds, “[T]he armed forces did not shoot down any aircraft.” He says, “[W]e never actually had to use force.” Although Myers appears unclear about when the North American Aerospace Defense Command (NORAD) launched fighters in response to the hijackings, he is more confident when he states: “At the time of the first impact on the World Trade Center, we stood up our Crisis Action Team. That was done immediately. So we stood it up. And we started talking to the federal agencies.” (US Congress 9/13/2001)
NORAD and the 9/11 Commission Contradict Myers's Account - Myers’s claim that fighters were only launched in response to the hijackings after the Pentagon was hit will later be contradicted by the accounts of NORAD and the 9/11 Commission, which state that fighters were ordered to take off from Otis Air National Guard Base in Cape Cod, Massachusetts, at 8:46 a.m. (see 8:46 a.m. September 11, 2001) and from Langley Air Force Base in Virginia at 9:24 a.m. (see 9:24 a.m. September 11, 2001). (North American Aerospace Defense Command 9/18/2001; 9/11 Commission 7/24/2004, pp. 20, 27) The 9/11 Commission will also contradict Myers’s claim that the military launched fighters in response to Flight 93 and “had gotten somebody close to it.” “By the time the military learned about the flight,” the 9/11 Commission Report will state, “it had crashed.” (9/11 Commission 7/24/2004, pp. 34)
Myers's Testimony Prompts Criticism in the Media - Journalist and author Philip Shenon will question why Myers, a veteran Air Force fighter pilot, would give such an inaccurate account of the military’s response to the 9/11 attacks during the hearing. “It seemed obvious that Myers, of all people at the Pentagon, would want to know—would demand to know—how jet fighters under NORAD’s control had responded on the morning of September 11 to the threat in the skies,” he will write. (US Congress 9/13/2001; Shenon 2008, pp. 119) John Farmer, the senior counsel to the 9/11 Commission, will comment that “Myers’s evident confusion about precisely what had occurred prompted criticism in the media and a quick, if contradictory, response from the administration.” (Farmer 2009, pp. 243) Major General Paul Weaver, director of the Air National Guard, will provide a more detailed account of the military’s response to the hijackings in an “impromptu hallway interview” at the Pentagon on September 14 (see September 14, 2001). (Whittle 9/14/2001) And four days later, NORAD will release a timeline of its response to the hijackings (see September 18, 2001). (North American Aerospace Defense Command 9/18/2001)

Major General Paul Weaver, director of the Air National Guard, provides reporters with details of the 9/11 attacks and the US military’s response to the hijackings. Speaking at the Pentagon, Weaver gives reporters a detailed account of what happened on September 11. He says Air National Guard planes responded to the hijackings on orders from NORAD’s Northeast Air Defense Sector (NEADS), which was alerted to the hijackings by the Federal Aviation Administration (FAA).
Fighters Took Off Too Late to Catch Flight 175 - Weaver says that at 8:53 a.m., seven minutes after Flight 11 crashed into the North Tower of the World Trade Center (see 8:46 a.m. September 11, 2001), two F-15 fighter jets took off from Otis Air National Guard Base in Cape Cod, Massachusetts, in pursuit of Flight 175, the second plane to be hijacked (see 8:46 a.m. September 11, 2001 and 8:53 a.m. September 11, 2001). However, Weaver says, the FAA had only told NEADS that “there was an airplane that had a problem,” and at that time it was unclear if Flight 175 had been hijacked. He says that although the fighters flew at over 500 miles per hour, they were unable to catch up with Flight 175 before it hit the South Tower of the WTC at 9:03 a.m. (see 9:03 a.m. September 11, 2001).
More Fighters Were Launched Just before Pentagon Was Hit - Weaver says Flight 77, the third aircraft to be hijacked, flew west for 45 minutes and then turned east, and its transponder was turned off. He does not claim that the military received notice that it had been hijacked, but says NEADS scrambled F-16 fighters that were on alert at Langley Air Force Base in Virginia at 9:35 a.m. (see 9:24 a.m. September 11, 2001 and (9:25 a.m.-9:30 a.m.) September 11, 2001). Two minutes later, at 9:37 a.m., the Pentagon was hit (see 9:37 a.m. September 11, 2001). The F-16s, he says, subsequently remained on patrol over the Pentagon.
No Fighters Took Off to Intercept Flight 93 - Weaver says no fighters were scrambled to chase after Flight 93, the fourth hijacked plane, which crashed in a field in Pennsylvania (see (10:03 a.m.-10:10 a.m.) September 11, 2001 and (10:06 a.m.) September 11, 2001). “There was no notification for us to launch airplanes,” he tells the reporters. “We weren’t even close.” (Whittle 9/14/2001; Farmer 2009, pp. 244) (However, also on this day, Deputy Defense Secretary Paul Wolfowitz contradicts Weaver’s claim. He tells PBS’s NewsHour, “[W]e were already tracking in on that plane that crashed in Pennsylvania,” and adds, “[T]he Air Force was in a position to do so [i.e. shoot Flight 93 down] if we had had to.” (Wolfowitz 9/14/2001; Farmer 2009, pp. 245) ) Weaver says that even if fighters had caught up with the hijacked planes, they may have been unable to stop them reaching their targets. “You’re not going to get an American pilot shooting down an American airliner,” he says. “We don’t have permission to do that.” According to Weaver, only the president can issue an order to shoot down an American airliner. (Whittle 9/14/2001)
Weaver's Account Is the 'Most Accurate' Prior to the 9/11 Commission's Investigation - The account he gives to reporters today, according to John Farmer, the senior counsel to the 9/11 Commission, will be “the last public statement uttered by General Weaver on the subject and proved to be the most accurate account of events issued until the 9/11 Commission’s investigation.” (Farmer 2009, pp. 245) Apparently after Weaver issues his statement to the reporters, an Air Force spokesman, speaking on condition of anonymity, adds that no regular Air Force planes were scrambled during the 9/11 attacks, “because continental air defense is the mission of the Air National Guard.” He says regular Air Force fighters “have air superiority as their mission,” which means they train “to deploy somewhere where we are engaged in hostile action and secure the skies.” These fighters, according to the spokesman, “ordinarily are not ready to fly on short notice and their pilots are not on standby to defend the United States.” (Whittle 9/14/2001)
Pentagon Has Been Slow to Answer Questions about Response to Hijackings - The Washington Post will comment, “Questions about the time it took US military planes to respond to the threat of several hijacked aircraft speeding toward the nation’s financial and military centers have dogged the Pentagon since the attacks.” It will add, “Top Pentagon officials have been slow to respond to press inquiries for a timeline that would establish the exact times that civil aviation authorities became aware of the hijackings, when US military commanders were notified, and when US fighter jets took to the air.” (Graham 9/15/2001) The previous day, Air Force General Richard Myers was questioned about the military’s response to the attacks before the Senate Armed Services Committee, but his answers were vague and confused (see September 13, 2001). (US Congress 9/13/2001; Farmer 2009, pp. 241-242) NORAD will release its own timeline of the events of September 11 and its response to the hijackings on September 18 (see September 18, 2001). (North American Aerospace Defense Command 9/18/2001; 9/11 Commission 7/29/2004)

Police in Qatar arrest Ahmad Hikmat Shakir. US intelligence is very interested in Shakir, partly because he comes from Iraq and thus might be connected to the Iraqi government of Saddam Hussein, and partly because he was seen at the January 2000 al-Qaeda summit in Malaysia attended by at least two of the 9/11 hijackers (see January 5-8, 2000). A search of Shakir’s apartment in Qatar yields a “treasure trove” of information, including telephone records linking him to suspects in the 1993 World Trade Center bombing (see February 26, 1993) and the 1995 Bojinka plot (see January 6, 1995). Yet, according to a senior Arab intelligence official, when the Qataris ask the US if they want to take custody of him, the US says no. He goes Jordan on October 21 instead. (Accounts differ as to whether Qatar releases him and Jordan captures him or whether Qatar sends him there.) Newsweek implies that the US expects Jordan will torture Shakir and share what they learn. The US is not allowed to directly question him. Three months later, he is “inexplicably released by Jordanian authorities” and vanishes. He has not been caught since. (Thomas and Isikoff 12/5/2001; Isikoff and Klaidman 9/30/2002)

The North American Aerospace Defense Command (NORAD) releases a chronology of the events of September 11 and its response to the terrorist attacks that day, but the accuracy of this account will later be challenged by the 9/11 Commission. (North American Aerospace Defense Command 9/18/2001; 9/11 Commission 7/24/2004, pp. 34; 9/11 Commission 7/29/2004)
NORAD Learned of First Hijackings Too Late to Defend the WTC - The chronology provides the times at which NORAD’s Northeast Air Defense Sector (NEADS) was alerted to the hijackings and when fighter jets were scrambled in response to the hijackings. It states that the Federal Aviation Administration (FAA) notified NEADS about Flight 11, the first hijacked aircraft, at 8:40 a.m. In response, the order was given to scramble two F-15 fighters from Otis Air National Guard Base in Cape Cod, Massachusetts, at 8:46 a.m. (see 8:46 a.m. September 11, 2001), the same time that Flight 11 crashed into the World Trade Center (see 8:46 a.m. September 11, 2001), and the fighters were airborne at 8:52 a.m. (see 8:53 a.m. September 11, 2001). The FAA notified NEADS about Flight 175, the second hijacked aircraft, at 8:43 a.m., according to the chronology. When Flight 175 crashed into the WTC at 9:03 a.m. (see 9:03 a.m. September 11, 2001), the chronology states, the Otis fighters were 71 miles away from New York.
Fighters Were Scrambled in Response to Flight 77 Hijacking - NEADS was alerted to Flight 77, the third hijacked aircraft, at 9:24 a.m., according to the chronology. In response, the order was given to scramble two F-16 fighters from Langley Air Force Base in Virginia (see 9:24 a.m. September 11, 2001) and these were airborne at 9:30 a.m. (see (9:25 a.m.-9:30 a.m.) September 11, 2001). But the F-16s were 105 miles from the Pentagon when it was hit at 9:37 a.m. (see 9:37 a.m. September 11, 2001). Regarding the fourth hijacked aircraft, Flight 93, the chronology gives “N/A” as the time the FAA alerted NEADS, but it also states that the FAA and NEADS discussed the flight on “a line of open communication.” At 10:03 a.m., when Flight 93 crashed in Pennsylvania (see (10:03 a.m.-10:10 a.m.) September 11, 2001 and (10:06 a.m.) September 11, 2001), the chronology states, the F-16s launched from Langley Air Force Base in response to the hijacking of Flight 77 were “in place to protect DC.” (North American Aerospace Defense Command 9/18/2001)
9/11 Commission Disputes NORAD's Account - The 9/11 Commission Report, released in 2004, will highlight what it says are inaccuracies in NORAD’s timeline of the events of September 11. It will state that NORAD’s claim that NEADS was alerted to Flight 77 at 9:24 a.m. was incorrect. The notice NEADS received at that time, according to the report, was the incorrect claim that Flight 11 “had not hit the World Trade Center and was heading for Washington, DC” (see 9:21 a.m. September 11, 2001). “NEADS never received notice that American 77 was hijacked,” the report will state. “It was notified at 9:34 that American 77 was lost (see 9:34 a.m. September 11, 2001). Then, minutes later, NEADS was told that an unknown plane was six miles southwest of the White House” (see 9:36 a.m. September 11, 2001). The report will state that NORAD’s claim that the Langley fighters were scrambled in response to the notification about Flight 77 is also incorrect. Instead, it will state, the fighters were scrambled in response to the incorrect report that Flight 11 was still airborne and heading south. (9/11 Commission 7/24/2004, pp. 34)
9/11 Commission Disputes NORAD's Account regarding Flights 175 and 93 - Furthermore, whereas NORAD’s chronology claims that NEADS discussed Flight 93 with the FAA on “a line of open communication,” the 9/11 Commission Report will state that NEADS “first received a call about United 93 from the military liaison at [the FAA’s] Cleveland Center at 10:07,” by which time the plane “had already crashed” (see 10:05 a.m.-10:08 a.m. September 11, 2001). (9/11 Commission 7/24/2004, pp. 30) And while NORAD states that the FAA notified NEADS about Flight 175 at 8:43 a.m., according to the report, the first notification came “in a phone call from [the FAA’s] New York Center to NEADS at 9:03” (see (9:03 a.m.) September 11, 2001). (9/11 Commission 7/24/2004, pp. 23)
Military Has Been Slow to Provide Details of Its Response on September 11 - US military officials, according to the Washington Post, “have been slow to respond to press inquiries for a timeline that would establish the exact times that civil aviation authorities became aware of the hijackings, when US military commanders were notified, and when US fighter jets took to the air.” (Graham 9/15/2001) On September 13, Air Force General Richard Myers was questioned about the military’s response to the 9/11 attacks before the Senate Armed Services Committee, but his answers were vague and confused (see September 13, 2001). (US Congress 9/13/2001; Farmer 2009, pp. 241-242) A day later, Major General Paul Weaver, director of the Air National Guard, provided reporters with details of the military’s response to the hijackings in an “impromptu hallway interview” at the Pentagon (see September 14, 2001). (Whittle 9/14/2001)

Less than two weeks after 9/11, White House counsel Alberto Gonzales sets up an interagency group to design a strategy for prosecuting terrorists, and specifically asks it to suggest military commissions as one viable option for prosecution of suspected terrorists.
Membership - The initial participants include Gonzales; White House lawyer Timothy Flanigan; Pentagon general counsel William Haynes; the vice president’s chief counsel, David Addington; National Security Council lawyer John Bellinger; and State Department lawyer Pierre-Richard Prosper, a former career prosecutor who now serves as State’s ambassador at large for war crimes issues and who will head the group.
Various Options - The group spends a month in a windowless conference room at State, bringing in experts from around the government, including military lawyers and Justice Department lawyers. The Justice Department advocates regular trials in civilian courts, such as the trials of the 1993 World Trade Center bombers (see February 26, 1993). However, many in the group object, noting that terrorist trials in regular courthouses on US soil pose security risks. The military lawyers propose courts-martial, which can take place anywhere in the world and would have military protection. A third option, military commissions, would offer the security of courts-martial without the established rules of evidence and procedure courts-martial have; setting up such a system might offer more flexibility in trying suspected terrorists, but many in the group wonder if President Bush would require Congressional authorization. Prosper will later recall, “We were going to go after the people responsible for the attacks, and the operating assumption was that we would capture a significant number of al-Qaeda operatives.” In addition to the use of military commissions, the group begins to work out three other options: ordinary criminal trials, military courts-martial, and tribunals with a mixed membership of civilians and military personnel. The option of a criminal trial by an ordinary federal court is quickly brushed aside for logistical reasons, according to Prosper. “The towers were still smoking, literally. I remember asking: Can the federal courts in New York handle this? It wasn’t a legal question so much as it was logistical. You had 300 al-Qaeda members, potentially. And did we want to put the judges and juries in harm’s way?” Despite the interagency group’s willingness to study the option of military commissions, lawyers at the White House, according to reporter Tim Golden, grow impatient with the group. Some of its members are seen to have “cold feet.” (Golden 10/24/2004; Savage 2007, pp. 135)
Parallel Process at White House - Unbeknownst to Prosper’s group, the White House is crafting its own version of military commissions or tribunals (see Late October 2001). When President Bush issues his executive order creating military tribunals (see November 13, 2001), Prosper and his group will first learn about it by watching the nightly news. (Savage 2007, pp. 138)

In an op-ed column for the neoconservative Weekly Standard, writers Thomas Donnelly and Gary Schmitt state that the US’s enemies “want to push the United States out of the Middle East. Our response must be to prevent that.” Donnelly and Schmitt, members of the Project for the New American Century think tank (PNAC—see January 26, 1998 and September 2000), say that such an effort “will require more than a vague, unfocused ‘war on terrorism.‘… Last week’s strikes represent a new and more complex phase of this war. But this is not a new war. This is a ‘theater war’ in the classic sense. Neither [O]sama bin Laden nor Saddam [Hussein] cares much about America’s role in Europe or East Asia. They want us out of their region.”
Reasserting Dominance in Middle East - The US can win this “struggle for power in the Persian Gulf” by “reasserting our role as the region’s dominant power; as the guarantor of regional security; and as the protector of Israel, moderate Arab regimes, and the economic interests of the industrialized world.” Donnelly and Schmitt trace the US’s problems in the region back to the decision not to overthrow Hussein in 1991 (see January 16, 1991 and After). “As Saddam has crawled back from defeat,” they write, “bin Laden has grown increasingly bold. Meanwhile, our regional allies have begun to hedge their bets, not only with the terrorists and Iraq, but with Iran as well.” The US should focus on routing both bin Laden and Hussein from the region, they say. It is unclear if Hussein was involved in the 9/11 attacks, they say, though they assert that Hussein was “implicated in the 1993 World Trade Center bombing (see February 26, 1993 and October 2000).… But as with bin Laden, we have long known that Saddam is our enemy, and that he would strike us as hard as he could. And if we have learned anything at all from [the] past week, it is that adopting a defensive posture risks attacks with unacceptable consequences. The only reasonable course when faced with such foes is to preempt and to strike first.” Overthrowing Hussein “is the key to restoring our regional dominance and preventing our enemies from achieving their war aims.… When Bush administration officials speak of ‘ending’ regimes that participate in the war against America, they must mean Saddam Hussein’s Iraq” (see Before January 20, 2001).
Cowing Other Nations, Restoring 'Global Credibility' - Overthrowing the Iraqi government will also cow Iran, Syria, and other regional threats, the authors say, and “will restore the global credibility tarnished in the Clinton years. Both our friends and our enemies will be watching to see if we pass this test.” Although attacking Afghanistan is not necessary, toppling the Saddam regime will not be difficult in a military sense, and “the larger challenge will be occupying Iraq after the fighting is over.”
Surpluses Will Pay for Effort - The so-called “lockboxes”—Social Security funds and others—previously kept from being spent on other government programs are, the authors write, “yesterday’s news,” but the sharp increases in defense spending that this war effort will require will not be difficult to fund: “given the surpluses that exist, there is no impediment to such increases.” (Schmitt and Donnelly 9/24/2001)

Wayne Allard.Wayne Allard. [Source: Publicity photo]General Ralph Eberhart, the commander of the North American Aerospace Defense Command (NORAD), appears before the Senate Armed Services Committee and gives NORAD’s account of the events of September 11 and the military’s response to the terrorist attacks that day, but the 9/11 Commission will later find that some of the information he provides is incorrect. (US Congress. Senate 10/25/2001; 9/11 Commission 7/29/2004; Farmer 2009, pp. 248) Eberhart was at NORAD headquarters at Peterson Air Force Base, Colorado, and then went to NORAD’s operations center in Cheyenne Mountain when the 9/11 attacks were taking place. (9/11 Commission 3/1/2004 pdf file; 9/11 Commission 3/1/2004) NORAD released a timeline of its response to the hijackings on September 18 (see September 18, 2001) and Eberhart’s testimony is consistent with that account. (North American Aerospace Defense Command 9/18/2001)
Eberhart Says Fighters Were Scrambled in Response to First Hijacking - During the hearing, Eberhart tells Senator Wayne Allard (R-CO) that after the Federal Aviation Administration (FAA) alerted NORAD to the first hijacking, of Flight 11 (see (8:37 a.m.) September 11, 2001), NORAD ordered two F-15 fighter jets to take off from Otis Air National Guard Base in Cape Cod, Massachusetts (see 8:46 a.m. September 11, 2001), “almost simultaneously to the first crash” at the World Trade Center (see 8:46 a.m. September 11, 2001). Eberhart says that after he learned a plane had hit the WTC, he was initially unsure if that plane was Flight 11. “I’m sitting there hoping that someone has made a mistake; there has been an accident; that this isn’t the hijacked airplane [that hit the WTC], because there is confusion,” he recalls. He says he was informed that “it was a light commuter airplane” that hit the WTC, although, he says, it “didn’t look like that was caused by a light commuter airplane.”
Fighters Didn't Have Enough Time to Stop Second Crash - Eberhart says the FAA notified NORAD that there was “a second hijacked plane”—referring to Flight 175—“somewhere in there,” but although the Otis fighters were “flying toward New York” after being scrambled, they were still eight minutes away from the city when Flight 175 crashed into the WTC at 9:03 a.m. (see 9:03 a.m. September 11, 2001). “Tragically, there was just too much distance between Otis and New York City to get there in time,” Eberhart comments.
Eberhart Says NORAD Learned Flight 77 Was Hijacked before It Crashed - Eberhart says the first documented instance NORAD has of the FAA notifying it about Flight 77, the third aircraft to be hijacked, was at 9:24 a.m. After the hearing, in responses submitted for the record, Eberhart adds that the FAA notified NORAD’s Northeast Air Defense Sector (NEADS) that Flight 77 “was headed towards Washington, DC.” NEADS, he states, “then passed this information to NORAD’s Air Warning Center and Command Center in Cheyenne Mountain, and to the Continental US NORAD Region’s Regional Air Operations Center.”
Fighters Were Scrambled Too Late to Prevent the Pentagon Attack - Eberhart says NORAD launched two F-16 fighters from Langley Air Force Base in Virginia “as soon as” the FAA alerted it to the hijacking of Flight 77 (see 9:24 a.m. September 11, 2001). However, he says, these fighters were still “approximately 13 minutes away from Washington, DC, when that tragic crash [at the Pentagon] occurred.”
Eberhart Is Unaware of Reason for FAA's Delay in Contacting NORAD - Senator Carl Levin (D-MI) tells Eberhart: “The timeline that we’ve been given is that at 8:55 on September 11, American Airlines Flight 77 began turning east, away from its intended course. And at 9:10, Flight 77 was detected by the FAA radar over West Virginia heading east. That was after the two planes had struck the World Trade Center towers. Then 15 minutes later, at 9:25, the FAA notified NORAD that Flight 77 was headed toward Washington.” In light of this, he asks, “[D]o you know why it took 15 minutes for the FAA to notify NORAD?” Eberhart replies: “I do not know, sir, why it took that amount of time for FAA. I hate to say it, but you’ll have to ask FAA.” Senator John Warner (R-VA), who has an extensive military background, tells Eberhart he is “a little bit stunned that you don’t know why that delay occurred.” He continues, saying, “I would have thought by now all of you in this chain would have gone back, rehearsed these things, figured out what happened, what went wrong, so that we ensure it won’t happen again.” In his responses submitted for the record, Eberhart suggests possible reasons for the delay, stating that after the FAA lost radar contact with Flight 77, it “began to receive calls from outside agencies with reports of a possible downed aircraft. Additionally, the loss of radio contact with the aircraft added to the confusion.” Consequently, he states, “I believe the FAA was faced with conflicting information, which hindered them from making an accurate assessment of the actual location of the aircraft.”
Eberhart Says NORAD Was Following Flight 93 before It Crashed - Eberhart says NORAD was aware of the problems with Flight 93, the fourth hijacked plane, before it crashed in Pennsylvania (see (10:03 a.m.-10:10 a.m.) September 11, 2001 and (10:06 a.m.) September 11, 2001). He tells Allard that the FAA “knew before it deviated its flight pattern” that Flight 93 “was hijacked.” He says NORAD had been “trying to decide, initially, if that flight was going to continue west and if there was some other target for that flight. Was it Chicago? Was it St. Louis? And what might we do to launch an aircraft to intercept it.” But he says that after the FAA reacquired Flight 93 on radar, NORAD thought the plane “was headed probably for Washington, DC, but maybe New York.” He says NORAD decided at that time to keep the Otis and Langley fighters in place over New York and Washington. If another suspicious plane was approaching, he says, “our intent was to go out and meet that aircraft and destroy it if we needed to, if it entered either Washington, DC, or New York City airspace.” However, in his responses submitted for the record, Eberhart states that the “data/log entries received by NORAD from the FAA [after September 11] do not show a time or entry indicating the FAA specifically notified the Pentagon that United Airlines Flight 93 was hijacked.” He also states that NORAD “did not notify” the National Military Command Center (NMCC) at the Pentagon that Flight 93 had been hijacked.
9/11 Commission Disputes Some of Eberhart's Claims - Several claims Eberhart makes in the hearing will be contradicted by evidence uncovered by the 9/11 Commission during its investigation of the terrorist attacks. Whereas Eberhart says the military was first notified about the hijacking of Flight 77 at 9:24 a.m. and implies that this notification prompted the scrambling of fighters from Langley Air Force Base, according to John Farmer, the senior counsel to the 9/11 Commission, “[T]he first notification regarding American 77 occurred at 9:34, when it was reported ‘lost’” (see 9:34 a.m. September 11, 2001). (US Congress. Senate 10/25/2001; Farmer 2009, pp. 248-254) The notice NEADS received at 9:24 a.m., according to the 9/11 Commission Report, was the incorrect claim that Flight 11 “had not hit the World Trade Center and was heading for Washington, DC” (see 9:21 a.m. September 11, 2001). (9/11 Commission 7/24/2004, pp. 34) Consequently, Farmer will write, “the scramble of the Langley fighters did occur as an immediate reaction to a notification about hijacking, but that notification was not, as [Eberhart’s] testimony implies, a report that American 77 was hijacked, but the report that American 11 was still airborne and heading for Washington.” And while Eberhart claims the FAA told NEADS that Flight 77 was heading toward Washington, according to Farmer: “The FAA never notified NEADS that American 77 was heading for Washington, DC. There is no such notification recorded on any tape or in any log maintained at NEADS or at NORAD.” Furthermore, while Eberhart claims the military was following Flight 93 on radar before it crashed and was in position to shoot it down if it approached Washington, Farmer will write that “in fact, NEADS never located United 93 on radar, because the plane had already crashed by the time NEADS was notified.” (Farmer 2009, pp. 251, 254-255)

Robert Bartley, conservative editor of The Wall Street Journal, writes an editorial in his newspaper strongly suggesting that Iraq is behind the recent anthrax attacks (see October 5-November 21, 2001). He cites former CIA Director James Woolsey, who says the possibility should be considered that “the attacks—whether perpetrated by bin Laden and his associates or by others—were sponsored, supported, and perhaps even ordered by Saddam Hussein.” He also draws on the controversial and eventually discredited theories of Laurie Mylroie, for instance claiming that Iraq was behind the 1993 WTC bombing (see February 26, 1993), and the controversial and eventually discredited reports that 9/11 hijacker Mohamed Atta met with an Iraqi spy in Prague. He concludes, “Saddam Hussein has the motive, means and opportunity to mount terrorism, and the anthrax attacks fit his modus operandi. There is plenty of reason to presume he’s behind the current attacks, with bin Laden and his al-Qaeda network as a front or ally. In any event, given his capabilities and intentions, he remains a threat to American lives as long as he’s at large.” (Bartley 10/29/2001)

Joseph Trombino.Joseph Trombino. [Source: Family photo]An armored truck that was parked in the basement of the World Trade Center on the morning of 9/11 is discovered by recovery workers, who find that diamonds and bonds worth over a million dollars are inexplicably missing from it. The Brink’s armored truck was driven down to the underground receiving platform of the North Tower sometime before 8:46 a.m. on September 11, to deliver $14 million in cash. As well as this cash, the vehicle was carrying negotiable bonds and diamonds.
Driver Stayed with His Truck after Flight 11 Hit the WTC - Its driver, Joseph Trombino, waited while his three fellow guards dropped off the cash with some Bank of Nova Scotia guards, who put the money into canvas carts to be taken to a vault. Trombino was still in his vehicle when Flight 11 crashed into the North Tower, at 8:46 a.m. (see 8:46 a.m. September 11, 2001). His fellow guards were subsequently evacuated from the tower. But instead of leaving, Trombino stayed with his vehicle, perhaps to protect the cargo or because he expected his colleagues to return. At 9:15 a.m., he called Brink’s and reported that a police officer had told him to move his truck because the tower was unstable. He also reported that the building was shaking and water was cascading down. He was killed when the North Tower collapsed, at 10:28 a.m. (see 10:28 a.m. September 11, 2001).
Recovery Workers Discover the Armored Truck - Now, over three months later, a recovery team unearths part of the roof of Trombino’s truck in the wreckage of the WTC. Sergeant Kevin Murphy of the Port Authority Police Department (PAPD) calls Lieutenant William Keegan, who is in charge of the PAPD’s nighttime rescue and recovery operation at Ground Zero, and tells him about the find. Keegan, in turn, contacts Brink’s to alert it to the discovery of one of its vehicles. Brink’s says it will send someone to the WTC site as soon as possible and mentions that the truck contains over a million dollars’ worth of valuables, comprising $250,000 in diamonds and $750,000 in negotiable bonds. The company also says the truck’s driver—Trombino—is still missing. Keegan then heads to the WTC site and a Brink’s supervisor also goes there.
Diamonds and Bonds Are Missing from the Truck - Once enough rubble has been removed to see inside the truck, Keegan and the other workers notice that the cab is empty. Keegan will later wonder if Trombino sought refuge under his truck when the Twin Towers collapsed, got into the back of it for safety, or left the vehicle and tried to get up to the street. Keegan wants to get into the back of the truck to remove the valuables from there. To get inside, the workers cut into a section of the roof with a circular saw and peel it back to create an opening. PAPD officer Tony Demeri is then lowered down through the hole. But after he carries out a full inspection, Demeri reports that the truck is empty, with no bonds or diamonds to be found. (New York Times 9/17/2001; Gardiner 9/22/2001; Keegan and Davis 2006, pp. 147-149) Trombino’s wife, Jean Trombino, will say in January 2002 that although her husband’s body has been recovered, she hasn’t been told where it was found. (New Jersey Star-Ledger 1/2/2002) Brink’s will report in 2014 that the body was found near the water fountain between the Twin Towers, in the WTC plaza, along with Trombino’s messenger bag. (Brink's Blog 9/10/2014) The canvas carts filled with the $14 million that Trombino delivered on September 11 will be discovered in the rubble of the WTC in February 2002. However, Keegan will write in 2006, “Neither the bonds nor the diamonds have ever been recovered.” (Keegan and Davis 2006, pp. 149)

A Jordanian suspected of involvement in the 1993 WTC bombing (see February 26, 1993) and 1995 Bojinka plot (see January 6, 1995) is arrested but apparently only charged with minor offenses. Hadi Yousef Alghoul had been arrested in the Philippines in March 1995 and accused of involvement in the Bojinka plot there. (see April 1, 1995-Early 1996). He apparently is the cousin of bomber Ramzi Yousef. (Ressa 2003, pp. 25) On December 26, 2001, he is arrested in the Philippines again. He is found with nearly 300 sticks of dynamite and other bomb making materials. A police colonel says Alghoul had been under surveillance for years. (CNN 12/28/2001; Abuza 12/1/2002) Police say he is one of the United States’ 25 most wanted terrorists with a $25 million reward for his arrest in connection with the 1993 WTC bombing. His “fingerprints perfectly matched those of a terrorist tagged in the World Trade Center bombing.” He is also wanted for plotting the assassination of Americans. (Roxas 1/6/2002) Yet despite all these accusations, he is not extradited to the US as other Bojinka suspects were, and he is merely charged in 2002 with the illegal possession of explosive devices. There have been no further news accounts about him. (Manila Sun-Star 11/16/2002)

Three of the men convicted for the World Trade Center bombing (see February 26, 1993)—Mohammed Salameh, Mahmud Abouhalima, and Nidal Ayyad—are allowed to write about 90 letters from inside the Supermax prison in Florence, Colorado, encouraging fellow extremists around the world. Some of the letters are sent to Morocco and some to a militant cell in Spain. In one, addressed to cell leader Mohamed Achraf, who will be arrested in late 2004 for attempting to blow up the National Justice Building in Madrid (see July-October 18, 2004), Salameh writes, “Oh, God, make us live with happiness. Make us die as martyrs. May we be united on the day of judgment.” Other recipients have links to the 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). One of Salameh’s letters, in which he calls Osama bin Laden “the hero of my generation,” is published in a newspaper in July 2002, but this does not result in any new security attempts to stop other letters. The letters urge readers to “terminate the infidels” because “Muslims don’t have any option other than jihad.” Former prosecutor Andrew McCarthy wonders, “He was exhorting acts of terrorism and helping recruit would-be terrorists for the jihad from inside an American prison.” Terrorism specialist Hedieth Mirahmadi says the letters would have been especially useful for recruitment because the convicted bombers have “a power that the average person or the average imam in a mosque doesn’t have.” Attorney General Alberto Gonzales will later comment, “I was surprised. Didn’t seem to make any sense to me and I’m sure the average American would have to wonder, ‘How could this happen?’” Staff at the prison noticed the letters were unmonitored and complained in 2003, but it apparently took management several months to impose a tighter regime. (Myers 3/1/2005; Myers 3/9/2005)

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; Geraci 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)

FEMA’s World Trade Center Building Performance Study.FEMA’s World Trade Center Building Performance Study. [Source: FEMA]FEMA releases its report of the WTC collapses. It concludes, “[W]ith the information and time available, the sequence of events leading to the collapse of each tower could not be definitively determined.” On Building 7: “The specifics of the fires in WTC 7 and how they caused the building to collapse remain unknown at this time.” (Federal Emergency Management Agency 5/1/2002)

The National Institute of Standards and Technology (NIST)—an agency of the US Commerce Department’s Technology Administration—announces details of its forthcoming investigation into the collapses of the World Trade Center Twin Towers and Building 7 on 9/11. The NIST investigation aims “to investigate the building construction, the materials used, and the technical conditions that contributed to the outcome of the World Trade Center (WTC) disaster.” It also aims to examine the activities of building occupants and emergency responders on 9/11, studying such issues as emergency communications within the WTC, the movement of people during the evacuations, and issues around persons with disabilities. Leading technical experts from industry, academia, and other laboratories, alongside NIST’s own expert staff, will participate in the investigation. Expert professionals from the private sector will also be involved. Glenn Corbett, a fire science professor at John Jay College, says, “This is going to be the most extensive building disaster investigation ever performed.” (Associated Press 8/21/2002; National Institute of Standards and Technology 8/21/2002; National Institute of Standards and Technology 8/3/2005) The investigation is formally authorized in October 2002, when the National Construction Safety Team Act is signed into law. The act, which gives NIST authorization to investigate major building failures in the US, is written largely as a result of the World Trade Center collapses. (National Institute of Standards and Technology 10/2/2002; Glanz 5/8/2003) NIST’s investigation is originally proposed to last two years, with a budget of $16 million. (National Institute of Standards and Technology 8/21/2002) However, it eventually will last three years, with its final report into the collapses of the Twin Towers being released in October 2005 (see October 26, 2005). A previous analysis of the WTC collapses conducted by FEMA and the American Society of Civil Engineers (ASCE) was completed earlier in 2002 (see May 1, 2002), but this had a budget of just $1.1 million. By the time NIST starts its investigation, much of the crucial steel debris from the WTC collapses has already been destroyed (see September 12-October 2001). They later refer to there being a “scarcity of physical evidence that is typically available in place for reconstruction of a disaster.” (National Institute of Standards and Technology 9/2005, pp. xxxvi)

Newfields International, an environmental consulting firm, completes a study comparing several different content-analysis techniques used by government agencies and private contractors. The study, commissioned by Yosemite National Park, finds that the Forest Service’s Content Analysis Team (CAT) is using the most cost-effective, high-quality system available, explaining that the team has a “track record (that) is not equaled by any other organized process.” CAT is in charge of reviewing comment letters from the public and producing summary reports for policy decision-makers. Two months later the Bush administration will announce that the program will be reviewed for possible outsourcing to private contractors (see December 2002). (Hanscom 4/26/2004)

Matthys Levy.Matthys Levy. [Source: PBS]A report is made publicly available, which the Engineering News-Record calls the “most comprehensive study yet on the destruction of the World Trade Center.” The study was commissioned by WTC leaseholder Silverstein Properties Inc. to support a $7 billion insurance claim, and conducted by a team of engineers from several leading firms, including Weidlinger Associates, LZA Technology/Thornton-Tomasetti, and ARUPFire. It is intended to build on a previous study sponsored by FEMA (see May 1, 2002). The report’s findings are based on an analysis of original structural drawings, thousands of photos, and dozens of videos. Investigators used fire evaluation techniques and powerful computer software to simulate the condition of each tower at critical times between the planes’ impacts and the towers’ collapses. The earlier FEMA investigators had no access to such computer modeling. Matthys Levy, the chairman of Weidlinger Associates and one of the engineers on the study team, says, “The buildings had tremendous reserve capacity and that was reflected in all of the elements we analyzed. In fact, because there were so much excess capacity, the columns even in the impact floors did not buckle immediately, but failed as the result of the fire.” The report states that failure of the WTC’s steel floor supports (“trusses”) did not contribute to the collapses. Instead, the collapses were caused by the failure of steel structural columns that were either destroyed when the planes hit or lost fireproofing, leaving them vulnerable to the weakening effects of the ensuing fires. It says that debris and dust distributed by the plane crashes inhibited the fires, such that the average air temperatures on the impact floors were between 400 and 700°C (750-1,300°F): significantly lower than those associated with typical “fully developed” office fires. However, says Matthys Levy, “By the time the temperature inside the buildings reached 400 degrees, the steel would have lost approximately 50% of its strength. Eventually, gravity took over and the towers began to fall.” Then, according to the analysis led by researchers from LZA Technology/Thornton-Tomasetti, “Once collapse initiated in each tower, essentially all of the interior structure of the tower fell straight down with floors pancaking on top of one another. The network of perimeter steel columns and spandrels acted like a chute to funnel the interior contents into the tower footprint.” According to the computer simulations, the damage to the South Tower’s steel core columns was so severe that the tower should have collapsed immediately after the plane hit. Civil engineer John Osteraas says this incorrect result casts doubt upon some of the study’s predictions. The report concludes that the collapse of the South Tower did not cause or contribute to the subsequent collapse of the North Tower, thus supporting Silverstein Properties’ claim that the terrorist attack represented two occurrences, entitling it to two $3.5 billion insurance policy limits. A separate study commissioned by the insurers contradicts this (see October 23, 2002). The Silverstein report apparently does not examine the collapse of WTC Building 7, a 47-story skyscraper that also collapsed on 9/11 (see (5:20 p.m.) September 11, 2001). It has been passed on to the National Institute of Standards and Technology (NIST), which is undertaking its own investigation of the WTC collapses (see August 21, 2002). (Glanz and Lipton 9/30/2002; McLeod 10/23/2002; Silverstein Properties, Inc. 10/23/2002 pdf file; Post 10/25/2002; Glanz and Lipton 10/29/2002; Post 11/4/2002; Misonzhnik 4/30/2003)

Forest Service officials inform employees working for the agency’s Content Analysis Team (CAT) that their jobs are being reviewed for possible outsourcing to the private sector. The employees are assured that the review would make them “a shining example for the rest of the agency of how successful federal employees can be.” Months later, CAT will undergo “direct conversion” instead, and all but the team’s top managers will lose their jobs to private sector outsourcing (see March 2003). (Hanscom 4/26/2004)

Forest Service officials inform employees of the agency’s Content Analysis Team (CAT) that the work they are doing will be outsourced to the private sector. The management team will remain, but the content analysis work will be farmed out to contract consultants. This decision is made despite the department’s reputation for remarkable efficiency. In October 2002, a study commissioned by Yosemite National Park had praised CAT saying it had a “track record… [un]equaled by any other organized process.” (see October 2002). A study three months later will conclude that outsourcing will actually cost the agency more (see June 2004). (Gehrke 11/14/2003; Devlin 11/15/2003; Hanscom 4/26/2004)

The Los Angeles Times reports that, ironically, the man in charge of security for the nation where the US bases its headquarters for the Iraq war is a supporter of al-Qaeda. Sheik Abdullah bin Khalid al-Thani is the Interior Minister of Qatar. US Central Command and thousands of US troops are stationed in that country. In 1996, al-Thani was Religious Minister and he apparently let 9/11 mastermind Khalid Shaikh Mohammed (KSM) live on his farm (see January-May 1996). Mohammed was tipped off that the US was after him. Some US officials believe al-Thani was the one who helped KSM escape, just as he had assisted other al-Qaeda leaders on other occasions. (Meyer and Goetz 3/28/2003) Another royal family member has sheltered al-Qaeda leaders and given over $1 million to al-Qaeda. KSM was even sheltered by Qatari royalty for two weeks after 9/11 (see Late 2001). (Tyler 2/6/2003) Ahmad Hikmat Shakir, who has ties to the 1993 World Trade Center bombing (see February 26, 1993), the Bojinka plot (see January 6, 1995), and also attended the January 2000 al-Qaeda summit in Malaysia (see January 5-8, 2000), was sheltered by al-Thani’s religious ministry in 2000. (Isikoff and Klaidman 9/30/2002) Former counterterrorism “tsar” Richard Clarke says al-Thani “had great sympathy for Osama bin Laden, great sympathy for terrorist groups, was using his personal money and ministry money to transfer to al-Qaeda front groups that were allegedly charities.” However, the US has not attempted to apprehend al-Thani or take any other action against him. (Meyer and Goetz 3/28/2003)

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

Judith Yaphe testifies before the 9/11 Commission. Yaphe, a CIA veteran who now teaches at the Pentagon’s National Defense University, is considered one of the agency’s most experienced and knowledgeable Iraq analysts. Yaphe states that while Saddam Hussein was indeed a sponsor of terrorism, it is improbable, based on what is currently known, that Hussein and Iraq had any connections to the 9/11 attacks, nor that a connection between Iraq and al-Qaeda is believable. (National Commission on Terrorist Attacks Upon the United States 7/9/2003) Yaphe is disturbed by the commission’s apparent acceptance of the testimony of Laurie Mylroie (see July 9, 2003), whose theories about connections between Iraq and al-Qaeda have long been discredited by both intelligence analysts and outside experts. She wonders why Mylroie’s “crazed theories” were being heard at all, and why the commission would risk its credibility by giving Mylroie this kind of exposure. She even speculates that Mylroie’s testimony is some sort of setup by the commission or the staff, and hopes that her own testimony can offset Mylroie’s theories and help discredit Mylroie before the commission. (Shenon 2008, pp. 130-134) Yaphe tells the commission, in apparent reference to Mylroie, that the use of circumstantial evidence is “troubling” and that there is a “lack of credible evidence to jump to extraordinary conclusions on Iraqi support for al-Qaeda.” She also calls Mylroie’s theories of Iraqi spies using false identities to help execute the 1993 World Trade Center bombings (see February 26, 1993) worthy of a fiction novel and completely unsupported by fact. (National Commission on Terrorist Attacks Upon the United States 7/9/2003)

The Forest Service outsources the work of 47 agency employees of the Content Analysis Team (CAT) to private consulting companies, despite an August 2002 independent study praising the team for its efficiency (see October 2002) and a June 2003 internal analysis concluding that outsourcing would increase the Forest Service’s costs (see June 2004). (Gehrke 11/14/2003; Devlin 11/15/2003; Hanscom 4/26/2004)

At the end of a two-day meeting to discuss the progress of their investigation of the WTC collapses on 9/11, National Institute of Standards and Technology (NIST) investigators say that early tests on steel beams recovered from the World Trade Center showed they met or were stronger than design requirements. NIST has collected 236 pieces of steel from the wreckage of the towers. Tests have found that the steel beams exceeded requirements to bear 36,000 pounds per square inch, and were often capable of bearing around 42,000 pounds per square inch. Lead investigator Shyam Sunder says that if further testing corroborates these findings, this will rule out weak steel as a factor in the collapses. (National Institute of Standards and Technology 8/26/2003; Associated Press 8/28/2003) The final report of the NIST investigation, released in 2005, will corroborate this finding: “Overall, approximately 87 percent of all perimeter and core column steel tested exceeded the required minimum yield strengths specified in design documents. Test data for the remaining samples were below specifications, but were within the expected variability and did not affect the safety of the towers on September 11, 2001.” It also will point out: “Of the more than 170 areas examined on 16 perimeter column panels, only three columns had evidence that the steel reached temperatures above 250°C.… Only two core column specimens had sufficient paint remaining to make such an analysis, and their temperatures did not reach 250°C.… Using metallographic analysis, NIST determined that there was no evidence that any of the samples had reached temperatures above 600 °C.” (National Institute of Standards and Technology 9/2005, pp. 89-90)

Prosecutor Patrick Fitzgerald testifies before the Senate Committee on the Judiciary about post-9/11 legislative changes, and says that the removal of the “wall” was a significant step forward for US counterintelligence. The wall was a set of procedures which regulated the passage of intelligence information within the FBI and from the FBI to prosecutors (see July 19, 1995). Fitzgerald says the removal of the wall represented “the single greatest change that could be made to protect our country.” He cites four cases that he says are examples of how the wall and other such obstacles have hampered counterterrorism efforts:
bullet The arrest of Ali Mohamed. Fitzgerald claims it would have been “far less difficult” to arrest al-Qaeda operative Ali Mohamed for his involvement in the attacks on US embassies in East Africa (see September 10, 1998) had it not been for the wall. (US Congress 10/21/2003) However, author Peter Lance will point out, “But Fitzgerald neglected to tell the senators that… prosecutors and FBI agents had been monitoring the bombing cell members for two years or that they’d had multiple face-to-face meetings with Mohamed himself.” Mohamed, who was called a “key figure” in the Day of Terror plot in the US press in early 1995 (see February 3, 1995), had actually met Fitzgerald a year before the arrest and told him that he had trained bin Laden’s bodyguards, lived in bin Laden’s house, loved and believed in bin Laden, and that he didn’t need a fatwa to attack the US, as it was obvious the US was the enemy (see After October 1997). (Lance 2006, pp. 274-6, 299-300)
bullet The Day of Terror conspiracy. After the partial success of the World Trade Center bombing (see February 26, 1993), the conspirators planned to attack other targets in New York, but were arrested by the FBI, which had penetrated their cell. All of the arrested plotters were successfully convicted. However, Fitzgerald tells the committee, “Prosecutors were in the dark about the details of the plot until very late in the day.” (US Congress 10/21/2003; Lance 2006, pp. 118-9)
bullet The Millennium Alert. Fitzgerald says that in 1999, investigations into suspected millennium plots were hampered because “criminal prosecutors received information only in part and with lag time so as not to breach the wall.” All attacks planned for the millennium failed, including one plot to bomb the Los Angeles airport (see December 31, 1999-January 1, 2000).
bullet Sharing Wadih El-Hage’s grand jury interview. In 1997, Al-Qaeda operative El-Hage provided information about bin Laden and his associates to a grand jury. Fitzgerald wanted to pass some of this information along to intelligence investigators (see September 24, 1997) but was unable to because grand jury information cannot be shared with intelligence investigators. To get around this restriction, an FBI agent had to get El-Hage to repeat the information outside the grand jury room. (Note: this example is not directly related to the “wall” under the Foreign Intelligence Surveillance Act, but rather to a similar obstacle governing the passage of information in the opposite direction—from criminal agents to intelligence agents). (US Congress 10/21/2003)

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. (Kirkpatrick 1/25/2010) The 2010 Citizens United decision will partially overturn McConnell (see January 21, 2010).

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

The 9/11 Commission’s staff team that is investigating the emergency response on 9/11 comes to the conclusion that New York City was, in author Philip Shenon’s words, “shockingly ill-prepared for the attacks.” It is clear to the investigators that former Mayor Rudy Giuliani was largely responsible for what went wrong.
Two Major Problems - One problem was that New York’s emergency command center, based on the 23rd floor of World Trade Center 7, was knocked out early in the attacks, leaving the emergency response without a focal point, and the police and fire departments set up separate command posts (see (9:05 a.m.) September 11, 2001, (9:50 a.m.-10:10 a.m.) September 11, 2001, and (After 10:28 a.m.-12:00 pm.) September 11, 2001). The command center, sometimes referred to as “Rudy’s bunker,” was criticized when it was built precisely because this problem was foreseen (see June 8, 1999). In addition, the radios used by firefighters in the World Trade Center failed to work on 9/11. The same problem was encountered during the response to the 1993 WTC bombing (see February 26, 1993), but the solution that was implemented—a repeater to boost the radios’ signal—did not work on the day of the attacks. This problem was especially grave, as many firefighters were instructed to flee the about-to-collapse towers, but did not hear the instruction due to the poor radio system and died as a result (see (Between 9:59 a.m. and 10:28 a.m.) September 11, 2001).
Tempering Criticism - However, the team, led by former New Jersey attorney general John Farmer, is aware that Giuliani’s image as a global hero after the attacks could complicate matters. Shenon will describe their thinking: “But would the Commission be willing to take on the most popular political figure in the country—the president-in-waiting, it seemed?… [Giuliani] was a hero, the embodiment of everything Americans wanted to believe about themselves about 9/11.” Therefore, “Farmer and his team always qualif[y] their criticism of the former mayor.” Nevertheless, the Commission’s two staff statements issued during the hearings about this topic in New York will be extremely critical of Giuliani. (Shenon 2008, pp. 347-350)

The Forest Service conducts an internal analysis which concludes that outsourcing the work of its Content Analysis Team (CAT) (see March 2003) will not save US taxpayers any money. In fact, the study estimates that hiring private consultants would cost approximately $425,000 more than keeping the work in-house. (Gehrke 11/14/2003; Devlin 11/15/2003; Hanscom 4/26/2004) No study is conducted to determine whether outside consultants could do the work better than the Forest Service’s experts. (Hanscom 4/26/2004)

Shyam Sunder.Shyam Sunder. [Source: NIST]The National Institute of Standards and Technology (NIST) releases nearly 500 pages of documents, detailing the latest findings of its investigation of the WTC collapses on 9/11. These include its hypotheses for the collapse sequences of each of the Twin Towers; details of their analysis of interviews with nearly 1,200 building occupants, emergency responders, and victims’ relatives; and information from their analysis of the emergency response and evacuation procedures. Their investigation into the collapses is based upon an analysis of thousands of photos and videos, examination of many of the elements used to construct the towers, and computer-enhanced modeling of the plane impacts and the spreading of the fires. Their hypothesis is that the towers collapsed ultimately due to the fires they suffered: As the fires burned, the buildings’ steel core columns buckled and shortened. This shifted more load to the buildings’ perimeter columns, which were already affected by the heat of the fires, and caused them to give way under the increased stress. Investigators have conducted a test with a reconstructed section of the WTC floor, and found that the original fireproofing was sufficient to meet the New York City building code. They say that had a typical office fire occurred in the towers, without the structural damage and the loss of some fireproofing caused by the plane impacts, it is likely the buildings would have remained standing. Lead investigator Dr. Shyam Sunder says, “The buildings performed as they should have in the airplane impact and extreme fires to which they were subjected. There is nothing there that stands out as abnormal.” NIST’s theories of why the WTC buildings collapsed conflict with an earlier investigation by FEMA, which claimed the collapse of the North Tower had begun in its core, rather than its perimeter columns (see May 1, 2002). (National Institute of Standards and Technology 10/19/2004; Lipton 10/20/2004)

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

The National Institute of Standards and Technology (NIST), which is conducting an investigation into the WTC collapses on 9/11, releases three new reports. Investigators say that the Twin Towers would probably have remained standing if the fireproofing material that surrounded the buildings’ structural steel had not been stripped away when the planes hit. Their report states that “[t]he jet fuel, which ignited the fires, was mostly consumed within the first few minutes after impact. The fires that burned for almost the entire time that the buildings remained standing were due mainly to burning building contents and, to a lesser extent, aircraft contents, not jet fuel.” However, they claim, without the loss of fireproofing during the planes’ impacts, the heat from the fires would have been insufficient to cause the buildings to collapse. They say that although the architects had in 1964 tested the impact of a Boeing 707 airplane crashing into the 80th floor of one of the towers, they never envisioned the intense fires that ensued. NIST also reports that the time taken by survivors from the North Tower to descend a flight of stairs was about double the slowest evacuation speed estimated in a standard fire engineering text. They state: “approximately 87 percent of the WTC tower occupants, including more than 99 percent below the floors of impact, were able to evacuate successfully.” However, they say, if each tower had been full when they were hit, as many as 14,000 people could have died. (National Institute of Standards and Technology 4/5/2005; Matthews 4/5/2005; Williams 4/5/2005; Barrett 4/6/2005)

Based upon its three-year investigation of the WTC collapses, the National Institute of Standards and Technology (NIST) calls for changes in the planning, construction, and operation of skyscrapers. NIST releases 43 draft reports, totaling about 10,000 pages, for public comments. These include 25 pages of recommendations, intended to learn from 9/11 and make building occupants and emergency responders safer in any future disasters. NIST’s inquiry has been conducted by more than 200 technical experts and contractors, and had two main parts: to look at the causes of the collapses and to identify weaknesses in building codes. Their recommendations include specific improvements to building standards, codes and practices; changes to evacuation and emergency response procedures; and research to help prevent future building failures. NIST does not have the authority to change building codes, but hopes to influence the policies of local authorities. The cost of implementing their recommended changes would add an estimated extra 2 to 5 percent to the development costs of buildings. Some are critical of their recommendations. Structural engineer Jon Magnusson, whose firm is the descendant of the company that designed the Twin Towers, says, “They are leading the public down the wrong path. They are saying we are going to fix the codes in order to deal with Sept. 11th. The physics say that you can’t do that.” (Dwyer and Lipton 6/22/2005; National Institute of Standards and Technology 6/23/2005; Matthews 6/24/2005) The New York Times points out that between 1989 and 1999, only five civilians had been killed in some 6,900 reported high-rise office building fires within the US. (Lipton and Dwyer 6/24/2005) NIST will release its final report on the Twin Towers collapses four months later (see October 26, 2005).

Both towers of the World Trade Center tilted to one side before beginning to fall on 9/11 (see 9:59 a.m. September 11, 2001 and 10:28 a.m. September 11, 2001). The National Institute of Standards and Technology, which investigated the collapses (see August 21, 2002), states that the South Tower, which was hit on its south side, tilted about 7-8 degrees to the east and 3-4 degrees to the south, and the North Tower, which was hit on its north side, tilted about 8 degrees to the south, before starting to fall. (National Institute of Standards and Technology 9/2005, pp. 300, 308 pdf file) However, these findings are criticized by Canadian scientist Frank Greening. After examining photo and video evidence, Greening says that the South Tower tilted by no more than two degrees and the North Tower by no more than three degrees before collapse initiation. Greening also says that the tilt angles NIST gives cannot correspond to the downward movement of the towers’ walls NIST claims before they started to fall, and points out that the tilt angles NIST uses are inconsistent throughout its reports. Though Greening agrees with NIST that the towers were destroyed by the plane impacts and fire damage, he concludes that its computer model is “highly inaccurate and therefore of no value in explaining the demise of the Twin Towers.” (Greening 11/2005 pdf file) Greening is a leading figure in the post-9/11 dispute over why the WTC collapsed and publishes a series of papers dealing with various aspects of the Twin Towers’ collapse. For example, a CBC documentary uses Greening for analysis of the WTC’s fall. (Canadian Broadcasting Corporation 8/25/2005)

National Institute of Standards and Technology (NIST) releases a 12-page appendix to its final reports on the WTC collapses (see October 26, 2005) detailing tests it conducted on samples of the type of fireproofing used in the WTC. An earlier NIST report had concluded that loss of fireproofing was a major factor in the collapses (see April 5, 2005). The appendix was not included in earlier drafts of the report (see June 23, 2005) (National Institute of Standards and Technology 6/23/2005 pdf file; National Institute of Standards & Technology 9/2005, pp. 263-274 pdf file; National Institute of Standards and Technology 9/2005, pp. 149) NIST conducted a series of fifteen tests. In the tests projectiles were fired at fireproofing mounted on 12 inch x 12 inch plates, and steel bars with a one inch diameter. The fireproofing used in the tests was Blazeshield DC/F, one of the two grades of fireproofing used on the impact floors. In thirteen of the tests the projectiles were buckshot, which was fired at the steel samples from a modified shotgun at a distance of 29.5 ft. The other two tests used steel bolts and hexagon nuts, fired with less velocity and at closer range. According to NIST, “The test results support the assumption that, within the debris field created by the aircraft impact into WTC 1 and WTC 2, the SFRM [i.e., fireproofing] used for thermal insulation of structural members was damaged and dislodged.” (National Institute of Standards & Technology 9/2005, pp. 83, 263-274 pdf file)

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

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

A photo of Khalid Shaikh Mohammed allegedly taken during his capture in 2003 (there are controversies about the capture).A photo of Khalid Shaikh Mohammed allegedly taken during his capture in 2003 (there are controversies about the capture). [Source: FBI]Khalid Shaikh Mohammed (KSM) attends his combat status review tribunal at Guantanamo Bay (see March 9-April 28, 2007), where he admits participating in the 9/11 attacks and numerous other plots, and offers a defense of his actions. He claims responsibility or co-responsibility for a list of 31 plots, including:
bullet The 1993 World Trade Center bombing (see February 26, 1993);
bullet The 9/11 operation: “I was responsible for the 9/11 operation from A to Z”;
bullet The murder of Daniel Pearl (see January 31, 2002): “I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl”;
bullet The late 2001 shoe bombing operation (see December 22, 2001);
bullet The 2002 Bali nightclub bombings (see October 12, 2002);
bullet A series of ship-bombing operations (see Mid-1996-September 11, 2001 and June 2001);
bullet Failed plots to assassinate several former US presidents;
bullet Planned attacks on bridges in New York;
bullet Various other failed attacks in the US, UK, Israel, Indonesia, Australia, Japan, Azerbaijan, the Philippines, India, South Korea, and Turkey;
bullet The planned destruction of an El-Al flight in Bangkok;
bullet The Bojinka plot (see January 6, 1995), and assassination plans for President Clinton (see September 18-November 14, 1994) and the Pope (see September 1998-January 1999); and
bullet Planned attacks on the Library Tower in California, the Sears Tower in Chicago, the Empire State Building in New York, and the “Plaza Bank” in Washington State (see October 2001-February 2002). (US Department of Defense 3/10/2007 pdf file) However, the Plaza Bank was not founded until 2006, three years after KSM was captured. The bank’s president comments: “We’re confused as to how we got on that list. We’ve had a little bit of fun with it over here.” (Pulkkinen 3/15/2007)
On the other hand, KSM denies receiving funds from Kuwait or ever heading al-Qaeda’s military committee; he says this was a reporting error by Yosri Fouda, who interviewed him in 2002 (see April, June, or August 2002). In addition, he claims he was tortured, his children were abused in detention, and that he lied to his interrogators (see June 16, 2004). He also complains that the tribunal system is unfair and that many people who are not “enemy combatants” are being held in Guantanamo Bay. For example, a team sent by a Sunni government to assassinate bin Laden was captured by the Taliban, then by the US, and is being held in Guantanamo Bay. He says that his membership of al-Qaeda is related to the Bojinka operation, but that even after he became involved with al-Qaeda he continued to work with another organization, which he calls the “Mujaheddin,” was based in Pakistan, and for which he says he killed Daniel Pearl. (US Department of Defense 3/10/2007 pdf file) (Note: KSM’s cousin Ramzi Yousef was involved with the militant Pakistani organization Sipah-e-Sahaba.) (Reeve 1999, pp. 50, 54, 67) Mohammed says he was waterboarded by his interrogators. He is asked: “Were any statements you made as the result of any of the treatment that you received during that time frame from 2003 to 2006? Did you make those statements because of the treatment you receive from these people?” He responds, “CIA peoples. Yes. At the beginning, when they transferred me.” (Greenburg, Rosenberg, and de Vogue 4/11/2008) He goes on to compare radical Islamists fighting to free the Middle East from US influence to George Washington, hero of the American War of Independence, and says the US is oppressing Muslims in the same way the British are alleged by some to have oppressed Americans. Regarding the fatalities on 9/11, he says: “I’m not happy that three thousand been killed in America. I feel sorry even. I don’t like to kill children and the kids.” Although Islam prohibits killing, KSM argues that there is an exception because “you are killing people in Iraq.… Same language you use, I use.… The language of war is victims.” (US Department of Defense 3/10/2007 pdf file) The hearing is watched from an adjoining room on closed circuit television by Senator Carl Levin (D-MI) and former Senator Bob Graham (D-FL). (US Congress 3/10/2007) KSM’s confession arouses a great deal of interest in the media, which is skeptical of it (see March 15-23, 2007 and Shortly After).

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. (Darman 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). (Chiachiere and Maloy 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).

Former Reagan Justice Department official and constitutional lawyer Bruce Fein and former civil liberties lawyer Glenn Greenwald applaud the recent ruling requiring the government to overturn alleged al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri’s military detention status (see June 11, 2007). Fein writes that the decision “rebuked President Bush’s frightening claim that the Constitution crowned him with power to pluck every American citizen from his home for indefinite detention without trial on suspicion of preparing for acts of international terrorism.” Other terrorist acts, such as the 1995 Oklahoma City bombings (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and the 1993 World Trade Center bombings (see February 26, 1993), “were tried and punished in civilian courts,” Fein notes, adding that Bush bypassed the USA Patriot Act to classify al-Marri as an enemy combatant, although the Patriot Act “provides a specific method for the government to detain aliens affiliated with terrorist organizations who are believed likely to engage in terrorist activity.” Al-Marri was denied that procedure due to his classification as an enemy combatant. (Fein 6/19/2007) Greenwald writes, “How extraordinary it is—how extraordinarily disturbing it is—that we are even debating these issues at all. Although its ultimate resolution is complicated, the question raised by al-Marri is a clear and simple one: Does the president have the power—and/or should he have it—to arrest individuals on US soil and keep them imprisoned for years and years, indefinitely, without charging them with a crime, allowing them access to lawyers or the outside world, and/or providing a meaningful opportunity to contest the validity of the charges? How can that question not answer itself?… Who would possibly believe that an American president has such powers, and more to the point, what kind of a person would want a president to have such powers? That is one of a handful of powers that this country was founded to prevent.” (Greenwald 6/17/2007)

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

Representative Ron Paul, profiled in a New York Times article, answers a question about his connections to the John Birch Society (JBS—see March 10, 1961, 1978-1996, August 4, 2008 and December 2011). “Oh, my goodness, the John Birch Society!” Paul replies in what the reporter calls “mock horror.” “Is that bad? I have a lot of friends in the John Birch Society. They’re generally well educated and they understand the Constitution. I don’t know how many positions they would have that I don’t agree with. Because they’re real strict constitutionalists, they don’t like the war, they’re hard-money people.” (Caldwell 7/22/2007) The JBS is, according to the Southern Poverty Law Center, a prominent right-wing extremist group that has accused a number of lawmakers, including former President Dwight D. Eisenhower, of being “closet Communists,” and promotes “wild conspiracy theories” such as the “international Jewish” conspiracy to control the global economy and the idea that the World War II Holocaust never happened. The JBS has been a pioneer in what an analysis by Political Research Associates (PRA) will call “the encoding of implicit cultural forms of ethnocentric white racism and Christian nationalist antisemitism rather than relying on the white supremacist biological determinism and open loathing of Jews that had typified the old right prior to WWII.” PRA will note, “Throughout its existence, however, the Society has promoted open homophobia and sexism.” (Political Research Associates 2010; Zaitchick 8/17/2010)

A group of supporters of Representative Ron Paul (R-TX) and his nascent presidential campaign hold what they call a “tea party moneybomb” on the 234th anniversary of the Boston Tea Party, in an event dubbed “Boston TeaParty07.” Paul is a libertarian Republican with extensive ties to far-right organizations (see July 22, 2007 and August 4, 2008). According to the group Campaign for Liberty, the event raises $4.3 million, the most money ever raised by a Republican presidential candidate in a single day. (The previous record was also held by Paul, who raised $4.2 million on November 5, 2007, Guy Fawkes Day.) The donations come mostly over the Internet. Event spokesperson Rachael McIntosh says: “This basically shows that Ron Paul is a viable candidate. People are so engaged in this campaign because it’s coming from the grass-roots.” Supporters call themselves members of the “Ron Paul Revolution.” One supporter waves a “Don’t Tread on Me” flag while marching down Beacon Street. One participant, Linda Poole, came from her home in Macon, Georgia, to attend the rally. “I’ve been supporting Ron Paul since May and following him since 2005,” she says. If the “founding fathers” were alive today, she adds, “Ron Paul is the only person they would vote for.” The ralliers listen to speeches by Paul’s son Rand Paul, libertarian gubernatorial candidate Carla Howell, and others. At the end of the rally, participants re-enact the dumping of tea into Boston Harbor by throwing banners reading “tyranny” and “no taxation without representation” into boxes that were placed in front of an image of the harbor. “They’re trying to get the attention of the mainstream media, almost like a child that is acting up, trying go get the attention of their parent,” McIntosh says. His Campaign for Liberty will become one of the primary groups associated with the burgeoning “tea party” movement (see August 24, 2010), and this “tea party moneybomb” is later considered one of the earliest moments leading up to the foundation of the movement. (Smith 12/16/2007; Burghart and Zeskind 8/24/2010)

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. (Barnes 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) (Toobin 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.” (Liptak 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; Toobin 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. (Liptak 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.) (Mencimer 1/13/2008; United States District Court for the District Of Columbia 1/15/2008; Richard Hasen 1/15/2008; Toobin 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; Toobin 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).

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. (Richey 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).

Representative Geoff Davis (R-KY) calls presidential contender Senator Barack Obama (D-IL) “that boy” in a speech. “Boy” is a well-known racial slur, especially among Southern Americans. At a dinner commemorating “Lincoln Day” in northern Kentucky sponsored by the state GOP, Davis tells his listeners that he once participated in a “highly classified national security simulation” with Obama. “I’m going to tell you something,” he says. “That boy’s finger does not need to be on the button. He could not make a decision in that simulation that related to a nuclear threat to this country.” Once the slur is reported by Politico, Davis sends a letter of apology to Obama over his “poor choice of words.” He adds, “I offer my sincere apology to you and ask for your forgiveness.” Davis does not refer to his characterization of Obama as unable to protect the nation based on his assessment of Obama’s actions during a national security simulation. (Smith 4/14/2008; Smith 4/14/2008)

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

Obama’s birth certificate, obtained from the Hawaii Department of Health.Obama’s birth certificate, obtained from the Hawaii Department of Health. [Source: FightTheSmears (.com)]Senator Barack Obama (D-IL), running for the Democratic nomination for president, releases a digitally scanned copy of his Hawaiian birth certificate. His campaign is responding to persistent rumors that he is not a legitimate American citizen. In the process of releasing the certificate, Obama’s campaign also launches a Web site called Fight The Smears, devoted to debunking the allegations that, among other things, Obama is not a citizen, he is a closet Muslim, he took his oaths for political office on a copy of the Koran, he refuses to say the Pledge of Allegiance, and other falsehoods. As Obama was born in Kapiolani Maternity & Gynecological Hospital in Honolulu at 7:24 p.m. on August 4, 1961, his birth certificate comes under Hawaiian state law, and those laws state birth certificates are not public records. Only the individuals, or immediate family members, may request copies. The copy of the birth certificate released by the Obama campaign confirms that his name is legitimately “Barack Hussein Obama,” not “Barack Muhammed Obama,” “Barry Soetoro,” or other claimed variants, and states that Obama’s mother is Stanley Ann Dunham, an American, and his father is Barack Hussein Obama, an “African.” The birth certificate release only inflames the “birther” claims that Obama is hiding his true citizenship, religion, political alliances, and other such personal facts (see June 27, 2008). (Hollyfield 6/27/2008; Fairley 7/1/2009; Honolulu Advertiser 7/28/2009)

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

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

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

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

After the election of Barack Obama as president (see November 4, 2008), the Libertarian Party of Illinois begins formulating a concept it calls the “Boston Tea Party Chicago,” and begins advertising this through its Yahoo and “meetup” groups, through the Ron Paul Meetup and Campaign for Liberty groups, and through various anti-tax groups. Dave Brady of the Libertarian Party of Illinois later claims that “we gave [CNBC commentator] Rick Santelli the idea for the Tax Day Tea Parties” (see February 19, 2009). One of the Libertarian Party of Illinois list members, Eric Odom, with a history of campaigning against proposed regulations on offshore oil drilling, takes a position as the new media director of the Sam Adams Alliance. Odom and his fellow Illinois Libertarians begin expanding the original “Boston Tea Party Chicago” concept, creating an Internet-based network of conservative activists that will become a centerpiece of tea party organizing. (Burghart and Zeskind 8/24/2010)

The conservative Washington Times, a staunch opponent of President-elect Barack Obama, publishes an editorial predicting that the incoming Obama administration will, in some form or fashion, move to “exterminate” babies with disabilities and other “useless” Americans through its promised reform of the US health care system, similar to actions taken by the Nazis before World War II. The Times provides a brief synopsis of Adolf Hitler’s “T4 Aktion” program designed, in the words of the Times, “to exterminate ‘useless eaters,’ babies born with disabilities. When any baby was born in Germany, the attending nurse had to note any indication of disability and immediately notify T4 officials—a team of physicians, politicians, and military leaders. In October 1939 Hitler issued a directive allowing physicians to grant a ‘mercy death’ to ‘patients considered incurable according to the best available human judgment of their state of health.’ Thereafter, the program expanded to include older children and adults with disabilities, and anyone anywhere in the Third Reich was subject to execution who was blind, deaf, senile, retarded, or had any significant neurological condition, encephalitis, epilepsy, muscular spasticity, or paralysis. Six killing centers were eventually established, and an estimated quarter-million people with disabilities were executed.” The Times draws a parallel between the Nazis and the Obama administration’s support for legal abortion and for physician-assisted suicide, which it equates with “euthanasia.” The incoming administration will, the Times fears, begin “selecting” babies with disabilities for what apparently will be “selective abortions.” It quotes the Reverend Briane K. Turley as saying: “Were God’s design for us left unhindered, we could naturally expect to welcome 40,000 or more newborn infants with Down syndrome each year in the US. And yet we have reduced that number to just under 5,500. These data strongly indicate that, in North America, we have already discovered a new, ‘final solution’ for these unusual children and need only to adapt our public policies to, as it were, ‘cure’ all Down syndrome cases.” Turley, the Times notes, claims that “there is growing evidence suggesting that, among health care practitioners and systems, the central motivation behind legally enforced or high pressure screenings is economics.” The Times then adds: “[A]nd the results seem to bear him out. America’s T4 program—trivialization of abortion, acceptance of euthanasia, and the normalization of physician assisted suicide—is highly unlikely to be stopped at the judicial, administrative, or legislative levels anytime soon, given the Supreme Court’s current and probable future makeup during the Obama administration, the administrative predilections that are likely from that incoming administration, and the makeup of the new Congress.” The Times predicts a new “final solution” of “extermination” that will start with disabled infants and will progress “from prenatal to postnatal to child to adult.” (Washington Times 11/23/2008) The editorial anticipates the “deather” claims that many conservatives will make in the summer of 2009 (see January 27, 2009, February 9, 2009, February 11, 2009, February 18, 2009, May 13, 2009, June 24, 2009, June 25, 2009, July 10, 2009, July 16, 2009, July 17, 2009, July 21, 2009, July 23, 2009, July 23, 2009, July 23, 2009, July 23-24, 2009, July 24, 2009, July 28, 2009, July 28, 2009, July 28, 2009, July 31, 2009 - August 12, 2009, August 6, 2009, August 7, 2009, August 10, 2009, August 10, 2009, Shortly Before August 10, 2009, August 11, 2009, August 11, 2009, August 12, 2009, August 12, 2009, and August 13, 2009).

The conservative “astroturf” advocacy organization Americans for Prosperity (AFP—see Late 2004, October 2008, and August 6, 2009) launches a multi-pronged attack on every major policy initiative attempted by the Obama administration. Within weeks of Obama’s inauguration, AFP holds “Porkulus” rallies protesting Obama’s stimulus spending measures. The Koch-funded Mercatus Center (see August 30, 2010), working in concert with AFP, releases a report that falsely claims stimulus funds are being disproportionately directed towards Democratic districts; the author is later forced to correct the report, but not before conservative radio host Rush Limbaugh, citing the report, calls the stimulus program “a slush fund,” and Fox News and other conservative outlets repeat the characterization. AFP vice president Phil Kerpen is a Fox News contributor; AFP officer Walter Williams is a frequent guest host for Limbaugh. AFP soon creates an offshoot organization, Patients United Now (PUN—see May 29, 2009), designed to oppose the Obama administration’s health care reform initiatives; PUN holds some 300 rallies against reform efforts (see August 5, 2009), some of which depict Democratic lawmakers hung in effigy (see July 27, 2009) and others depict corpses from Nazi concentration camps. AFP also holds over 80 rallies opposing cap-and-trade legislation, which would force industries to pay for creating air pollution. AFP also targets individual Obama administration members, such as “green jobs” czar Van Jones, and opposes the administration’s attempt to hold international climate talks. AFP leader Tim Phillips (see August 6, 2009) tells one anti-environmental rally: “We’re a grassroots organization.… I think it’s unfortunate when wealthy children of wealthy families… want to send unemployment rates in the United States up to 20 percent.” (Mayer 8/30/2010)

FedUpUSA, a group of investors in Troy, Michigan, issues a call for people to send tea bags to Congress as a sign of their disapproval of Democratic economic policies. The group calls the event a “Commemorative Tea Party.” This will become one of the earliest events in the history of the “tea party” movement. (Burghart and Zeskind 8/24/2010) Nineteen days later, CNBC commentator Rick Santelli will launch what he calls an unplanned, “impromptu” rant against the Obama administration’s economic policies, in which he will call for a “tea party” protest (see February 19, 2009).

The Denver Metro Young Republicans post on their blog that the lobbying organization Americans for Prosperity (AFP) “will be holding a[n economic stimulus] protest on the Colorado Capitol steps tomorrow (Tuesday) from 12:15-2:00.” AFP will become one of the largest and most influential financial and organizational backers of the tea party movement (see Late 2004, February 16-17, 2009, February 19, 2009 and After, and April 2009 and After). (Hamsher 4/15/2009)

Protesters in front of the Colorado State Capitol wave anti-Obama, pro-Ayn Rand signs and large ‘checks’ from the federal government representing ‘pork’ spending.Protesters in front of the Colorado State Capitol wave anti-Obama, pro-Ayn Rand signs and large ‘checks’ from the federal government representing ‘pork’ spending. [Source: People's Press Collective / Michelle Malkin]Hundreds of protesters gather on the steps of the Colorado State Capitol to protest President Obama’s signing of the economic stimulus legislative package (see February 16, 2009). The rally is organized by, among others, the Colorado chapter of Americans for Prosperity (see Late 2004, February 16-17, 2009, February 19, 2009 and After, and April 2009 and After), the Independence Institute, and blogger Michelle Malkin. Former House Representative Tom Tancredo (R-CO) is one of the speakers, along with a number of state and local Republican politicians. Malkin writes after the rally: “[H]opefully, [the rally] will spur others to move from the phones and computers to the streets. Community organizing helped propel Barack Obama to the White House. It could work for fiscal conservatism, too.” Liberal blogger Jane Hamsher later notes that the Independence Institute is funded by the Coors Foundation’s Castle Rock Foundation, which operates as something of a “mini Heritage Foundation in Colorado.” Beer billionaire and conservative financier Jeffrey Coors sits on the board of the Institute. Hamsher later writes, “According to Michelle Malkin, second rally organized by Koch/Americans for Prosperity, Coors/Independence Institute, former GOP congressman and Independence Institute fellow Tom Tancredo.” (Michelle Malkin 2/17/2009; Hamsher 4/15/2009)

A rally against the Obama economic stimulus plan takes place in Mesa, Arizona, another in a spate of “porkulus” protests (see February 16-17, 2009 and February 17, 2009). The rally is organized by a talk-radio station, KFYI, owned and operated by Clear Channel, the nation’s largest radio ownership cartel. Former Congressman J.D. Hayworth (R-AZ) is a featured speaker and co-host. KFYI shock jock Bruce Jacobs, Hayworth’s fellow host, adds a flavor of racism to the event, pointing to Hispanic demonstrators and saying, “Look at how illiterate some of these illegals are.” (Hamsher 4/15/2009)

CNBC stock analyst Rick Santelli’s “impromptu” on-air “rant” against President Obama’s economic stimulus program, in which Santelli calls for a “tea party” protest and tells viewers he intends to begin organizing a “Chicago Tea Party,” galvanizes nascent “tea party” groups around the nation. Chicago radio producer Zack Christenson has already registered the Internet domain “chicagoteaparty.com” (see August 2008), and hours after Santelli’s rant Christenson puts up a “homemade” tea party Web site. A Chicago Libertarian activist, Eric Odom (see After November 7, 2008), puts up a similar site at “officialchicagoteaparty.com.” The next day, the short-lived “Nationwide Tea Party Coalition” forms. At the same time, a new Facebook group, “Rick Santelli is right, we need a Taxpayer (Chicago) Tea Party,” is created by Phil Kerpen of Americans for Prosperity, and is administered by Odom. The Facebook page leads back to a site called “taxpayerteaparty.com,” run by Americans for Prosperity. Simultaneously, Brendan Steinhauser, the campaign director of FreedomWorks (see March 2, 2009) and another administrator of the Facebook group, begins organizing “tea party” groups—or actually continues his efforts, since on February 9, 10 days before Santelli’s broadcast, he had contacted a Florida activist who had attended a FreedomWorks training session and asked her to organize a protest in Fort Myers. Steinhauser later writes that the day after Santelli’s broadcast: “I just wrote this little 10 quick easy steps to hold your own tea party, wrote it up, and kinda was proud of it and sent it to Michelle Malkin. She linked to it from her blog.” Malkin’s blog is overwhelmed by the response. FreedomWorks staffers call activists around the country asking them to organize “grassroots” tea party organizations, and on March 9, FreedomWorks announces a nationwide “Tea Party Tour,” saying in a statement, “From [Santelli’s] desperate rallying cry FreedomWorks has tapped into the outrage building from within our own membership as well as allied conservative grassroots forces to organize a 25-city Tea Party Tour where taxpayers angry that their hard-earned money is being usurped by the government for irresponsible bailouts, can show President Obama and Congressional Democrats that their push towards outright socialism will not stand.” By February 27, the first official “tea party” events take place, organized by the Sam Adams Alliance, FreedomWorks, and Americans for Prosperity. Many of the original organizations will eventually be subsumed by, or merge with, national structures, again primarily organized and funded by FreedomWorks, Americans for Prosperity, and other right-wing lobbying organizations. Eventually, six nationwide networks will form (see August 24, 2010). (Hamsher 4/15/2009; Burghart and Zeskind 8/24/2010) During this period, conservative media outlets such as the Weekly Standard will claim that the tea party movement was entirely spontaneous in its origins (see March 2, 2009). However, facts stand in the way of that claim (see February 15, 2009, February 16, 2009, February 17, 2009, February 18, 2009, March 13, 2009 and After, April 2009 and After, April 6-13, 2009, April 8, 2009, April 14, 2009, April 15, 2009, April 16, 2009, July 23, 2009, July 24, 2009, August 4, 2009, August 4, 2009, August 5, 2009, August 6, 2009, August 6-7, 2009, August 10, 2009, August 10, 2009, August 11, 2009, August 28, 2009, July 3-4, 2010, August 30, 2010, and September 20, 2010).

Mark Ames.Mark Ames. [Source: Guardian]CNBC’s Rick Santelli has become something of a superstar among conservative media pundits and others exasperated by the Obama economic bailouts, after engaging in a purportedly impromptu “rant” during an on-air broadcast (see February 19, 2009). Investigative reporters Mark Ames and Yasha Levine discover that Santelli’s rant may have been a pre-planned incident timed to coincide with the launch of a so-called “tea party movement” predicated on opposing the Obama administration and supporting conservative and Republican ideas and agendas. In the hours and days following Santelli’s appearance on CNBC, the authors write, “[a] nationwide ‘tea party’ grassroots Internet protest movement has sprung up seemingly spontaneously, all inspired by Santelli, with rallies planned today in cities from coast to coast to protest against Obama’s economic policies.”
Connections to the Koch Family - Ames and Levine write that Santelli’s CNBC “rant” was “a carefully-planned trigger for the anti-Obama campaign. In PR terms, his February 19th call for a ‘Chicago Tea Party’ was the launch event of a carefully organized and sophisticated PR campaign, one in which Santelli served as a frontman, using the CNBC airwaves for publicity, for the some of the craziest and sleaziest right-wing oligarch clans this country has ever produced.” Ames and Levine are referring to the Koch family, headed by Fred Koch (see 1940 and After), the billionaire co-founder of the extremist John Birch Society (see March 10, 1961 and December 2011) and whose sons are heavy donors to right-wing think tanks and advocacy groups such as the Cato Institute (see 1977-Present) and FreedomWorks (see 1984 and After).
ChicagoTeaParty.com - On the air, Santelli said, “We’re thinking of having a Chicago tea party in July, all you capitalists who want to come down to Lake Michigan, I’m gonna start organizing.” Within minutes, Matt Drudge of the Drudge Report had posted headlines about the “tea party” rant on his Web site. Within hours, a new Web site, chicagoteaparty.com, had appeared, featuring a YouTube video of Santelli’s rant and calling itself the official home of the Chicago Tea Party. The domain name had been registered months before by right-wing media figure Zack Christenson (see August 2008), but had remained dormant until after Santelli spoke on CNBC. Ames and Levine note that Christenson bought the domain around the same time that Milt Rosenburg, the Chicago talk show host whom Christenson produces, began attempting to link then-presidential candidate Barack Obama with “left-wing terrorist” William Ayers (see August 2008). Ames and Levine write: “That Rosenberg’s producer owns the ‘chicagoteaparty.com’ site is already weird—but what’s even stranger is that he first bought the domain last August, right around the time of Rosenburg’s launch of the ‘Obama is a terrorist’ campaign. It’s as if they held this ‘Chicago tea party’ campaign in reserve, like a sleeper-site. Which is exactly what it was.”
The Sam Adams Alliance - The ChicagoTeaParty.com Web site, Ames and Levine report, is part of a larger network of conservative Web sites set up over the last few months under the auspices of the “Sam Adams Alliance” (SAA), an organization linked to the Koch family and to FreedomWorks, a public relations group funded by Koch and headed by former Republican House Majority Leader Dick Armey (see April 14, 2009). The SAA is a Chicago-area libertarian/conservative group named for Samuel Adams, who led the Boston Tea Party protest in 1773. (Ames and Levine 2/27/2009) In 2008, the New York Times described the SAA as having “started an ambitious project this year to encourage right-leaning activists and bloggers to get online and focus on local and state issues.” (Phillips 7/19/2008)
OfficialChicagoTeaParty.com - Another Web site, officialchicagoteaparty.com, went live on February 19 as well. That site is registered to Eric Odom, a Republican specializing in faux-grassroots PR campaigns sometimes called “astroturf” (see April 15, 2009). Odom has worked with Koch Industries, a large oil and natural gas corporation and the source of the Koch family fortune, in supporting offshore oil-drilling legislation. Odom was, until January 2009, the “new media coordinator” for the Sam Adams Alliance. Upon his departure, the SAA removed Odom’s name from its Web site. The SAA also removed any mention of Koch’s funding, or any other connections between Koch and the organization, from its site. Two of the SAA’s board members, Eric O’Keefe and Joseph Lehman, are tied both to Koch and to FreedomWorks.
FreedomWorks - In the hours after Santelli’s rant, FreedomWorks posted a large photo of Santelli on its Web site’s front page with the caption: “Are you with Rick? We are. Click here to learn more.”
Other Sites - In the hours after Santelli’s rant, other Web sites such as Right.org, promoting a tea party support group that purports to be a citizen-launched organization “created by a few friends who were outraged by the bailouts” and headed by “Evan and Duncan,” and numerous pro-tea party Facebook pages, were launched. Right.org is sponsoring a $27,000 prize for an “anti-bailout video competition.” Ames and Levine ask: “Who are Evan and Duncan? Do they even really exist?”
No Connections on the Surface - Ames and Levine note that the numerous Web sites and Facebook pages have remarkable similarities in language and appearance, “as if they were part of a multi-pronged advertising campaign planned out by a professional PR company. Yet, on the surface, they pretended to have no connection. The various sites set up their own Twitter feeds and Facebook pages dedicated to the Chicago Tea Party movement. And all of them linked to one another, using it as evidence that a decentralized, viral movement was already afoot. It wasn’t about partisanship; it was about real emotions coming straight from real people.”
Santelli and the Tea Party Organizers - Ames and Levine ask why Santelli, and CNBC, would “risk their credibility, such as it is, as journalists dispensing financial information in order to act as PR fronts for a partisan campaign.” Santelli’s contract with CNBC is about to expire, they note. Until the “tea party” rant, Santelli was an obscure financial commentator with few prospects. Now, though, he is a “hero” of the right. As another Chicago tea party organization, the Daily Bail, wrote on its site: “Rick, this message is to you. You are a true American hero and there are no words to describe what you did today except your own. Headquartered nearby, we will be helping the organization in whatever way possible.” Ames and Levine speculate that Santelli may have been brought into the fold by one of his CNBC colleagues, Lawrence Kudlow, who himself has strong connections to FreedomWorks. (Ames and Levine 2/27/2009) Steve Megremis of the Daily Bail will call Ames and Levine’s allegations about his Web site’s involvement “categorically untrue,” writing: “It’s unfortunate because I believe that the article did some great investigative work and then at the end they threw me under the bus for no apparent reason. Apparently, the authors just assumed we were part of this conspiracy because of my own personal excitement about the prospect of a mid-summer tea party.” Megremis will post a response on his site, but the response will soon disappear. (Barry Ritholtz 2/28/2009)
Playboy Removes Article - By March 2, Playboy will remove the Ames and Levine article from its Web site. No explanation is offered. The article will instead become available on a Web site called “The Exiled,” which bills itself as an “alternative” press outlet. (Jeffrey Feldman 3/2/2009)

Megan McArdle.Megan McArdle. [Source: New Economist (.com)]The Atlantic’s business blogger, Megan McArdle, lambasts Playboy for publishing an article that claims the Rick Santelli “tea party” “rant” (see February 19, 2009) may have been a pre-planned incident designed to coincide with the launch of a number of “tea party” Web sites and “grassroots” organizations (see February 27, 2009). McArdle says that the suspicious timing of the chicagoteaparty.com Web site launch, hours after Santelli’s “impromptu” rant on CNBC, was nothing more than an example of someone “leap[ing] in when opportunity arose.” McArdle denies that oil giant Koch Industries, or the Koch family, funds the conservative lobbying firm FreedomWorks (see April 14, 2009), and says, “[A]stroturfing [the practice of forming fake ‘grassroots’ organizations clandestinely organized and funded by lobbying groups or corporate entities] doesn’t really seem like their style.” McArdle may not be aware of a recent Wall Street Journal expose of a FreedomWorks “astroturf” endeavor (see May 16, 2008). She does acknowledge that since FreedomWorks does not publicize its donor list, she cannot be sure Koch is not funding the group. She admits that many “tea party” organizations are funded and operated by large conservative PR and lobbying firms, and writes: “So what? Groups—often funded by God knows who—coordinate protests.” McArdle calls the article’s allegation that Santelli participated in a pre-planned, scripted event “potentially libelous,” and writes, “If I were Santelli, I’d sue.” At the very end of her column, McArdle admits that she lives with a former FreedomWorks official, Peter Suderman. She denies that Suderman influenced her writing in any way except to give her an e-mail address of “the right employee to… make inquiries” of at the firm. “I haven’t asked him about his former employer, and he hasn’t told me anything. I debated whether to write about this, but since I’m not actually defending FreedomWorks, I think it’s kosher.” (McArdle 3/2/2009) Shortly after posting her column online, McArdle posts a follow-up, with details of her conversation with FreedomWorks official Brendan Steinhauser. She identifies Steinhauser as “the chap at FreedomWorks who has helped organize the tea parties.” She calls the firm “completely open about their interest in furthering the tea parties” (see May 16, 2008 and March 13, 2009 and After). She says Steinhauser got the idea for the “tea parties” from Michelle Malkin’s blog, which is at odds with Santelli’s claim of “spontaneously” using the term (see March 2, 2009). (McArdle 3/2/2009)

Chuck Norris approved this photo illustration of himself with the tag line, ‘Contrary to popular belief, America is not a democracy, it is a Chucktatorship.’Chuck Norris approved this photo illustration of himself with the tag line, ‘Contrary to popular belief, America is not a democracy, it is a Chucktatorship.’ [Source: ChuckNorrisFacts (.com)]Conservative talk radio and Fox News host Glenn Beck interviews self-described “martial arts master, actor, and political activist” Chuck Norris on his radio show. Beck begins by telling Norris he wants to see a military investigation of Congress: “I was talking about General [David] Petraeus [the commander of US forces in the Middle East] the other day. I mean this sincerely: I would love to have General Petraeus go up to Washington and clean that hornet’s nest out. I’d like him to set up a military tribunal and call them in one by one, okay, going to have a little interview with you. Find out if they’re guilty or innocent of being involved in, you know, all kinds of the scandals that are going on and kick them out.” Norris offers to mete out some extrajudicial justice: “I want to go with General Petraeus myself and be next to him and when he finds out who’s guilty and, you know, dishonest, then I will take care of it for him. Took him out. I’ll choke them out, the ones that he finds dishonest, I will choke them out and stick them into a pile.” Later in the conversation, the two discuss the possibility of Texas seceding from the United States. Norris, a Texas resident, says, “Yeah, we could break off from the union if we wanted to.” Beck agrees: “You do, you call me.… Seriously, you do. I don’t mind having that lone star on my flag. I really don’t mind it. I’ve been out with a seam ripper looking at my flag going, I don’t know, California could go. I’m just saying—” Norris interjects jokingly, “I may run for president of Texas.” (Norris 3/3/2009) Beck is putting together a conservative anti-government movement called “We Surround Them,” and Norris is an enthusiastic supporter (see March 9, 2009). (Glenn Beck 3/10/2009)

Oath Keepers logo, as pictured on a T-shirt sold on the organization’s Web site.Oath Keepers logo, as pictured on a T-shirt sold on the organization’s Web site. [Source: Oath Keepers (.com)]The Oath Keepers, a newly formed far-right “patriot” organization whose membership is restricted to soldiers, police officers, firefighters, and military veterans (see March 2010), is formed at a pro-militia rally in Lexington, Massachusetts, the site of the first battle of the Revolutionary War. It is founded by Army veteran and lawyer Stewart Rhodes, who delivers a fiery speech at the rally. “You need to be alert and aware to the reality of how close we are to having our constitutional republic destroyed,” he tells the assemblage. “Every dictatorship in the history of mankind, whether it is fascist, communist, or whatever, has always set aside normal procedures of due process under times of emergency.… We can’t let that happen here. We need to wake up!” The crowd of listeners includes many well-known “patriot movement” members, including Richard Mack, a former Arizona sheriff who refused to enforce the federal Brady law (see November 30, 1993) in his jurisdiction; Mike Vanderboegh of the “Three Percenter” movement (see October 1995 and After); and others. Rhodes gives the rally his group’s “Orders We Will Not Obey,” a list of 10 orders he considers unconstitutional and therefore unenforceable, whether they are issued by commanding officers, policemen, or the president. When Rhodes finishes, Captain Larry Bailey, a retired Navy SEAL who leads a group called Gathering of Eagles, asks the crowd to raise their right hands and retake their oath—not to the president, but to the Constitution. (Sharrock 3/2010)
Posting the 'Orders' - On the Oath Keepers blog, Rhodes posts the “Orders We Will Not Obey” along with an introductory statement culled from the speech given by then-General George Washington before the Battle of Long Island: “The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves; whether they are to have any property they can call their own; whether their Houses, and Farms, are to be pillaged and destroyed, and they consigned to a State of Wretchedness from which no human efforts will probably deliver them. The fate of unborn Millions will now depend, under God, on the Courage and Conduct of this army.” Rhodes writes: “Such a time is near at hand again. The fate of unborn millions will now depend, under God, on the Courage and Conduct of this Army—and this Marine Corps, This Air Force, This Navy and the National Guard and police units of these sovereign states.” He calls the Oath Keepers “non-partisan,” and issues his list of orders they will refuse to obey, calling these “acts of war” against the American people “and thus acts of treason.” He cites Revolutionary War actions and precedents for each of his 10 statements.
bullet “1. We will NOT obey any order to disarm the American people.” Rhodes explains that this means the government will not attempt to restrain gun ownership in any way, and states his group’s opposition to any bans on assault rifles or any attempts to enforce gun regulation or registration.
bullet “2. We will NOT obey any order to conduct warrantless searches of the American people, their homes, vehicles, papers, or effects—such as warrantless house-to-house searches for weapons or persons.” Rhodes compares these to the Revolutionary War-era “writs of assistance,” carried out by British soldiers against American colonists without judicial orders. The Constitution proscribes warrantless searches, Rhodes says. “We expect that sweeping warrantless searches of homes and vehicles, under some pretext, will be the means used to attempt to disarm the people,” he writes, and says Oath Keepers will not follow such orders.
bullet “3. We will NOT obey any order to detain American citizens as ‘unlawful enemy combatants’ or to subject them to trial by military tribunal.” Any such detentions (see June 26, 2002 and June 9, 2002) are unconstitutional, harking back to Revolutionary War-era admiralty courts and the British “star chambers.” Rhodes predicts that the federal government will attempt to detain its own citizens under international law.
bullet “4. We will NOT obey orders to impose martial law or a ‘state of emergency’ on a state, or to enter with force into a state, without the express consent and invitation of that state’s legislature and governor.” Rhodes fears that “states of emergency” will be declared in the aftermath of a natural disaster such as a hurricane or a massive flood, or perhaps another 9/11-level terror attack, and then used to impose tyranny and martial law on the American populace.
bullet “5. We will NOT obey orders to invade and subjugate any state that asserts its sovereignty and declares the national government to be in violation of the compact by which that state entered the Union.” As many as 20 individual states have either passed or considered what Rhodes calls “courageous resolutions affirming states rights and sovereignty” that take powers from the federal government and give them over to the states. The federal government may attempt to use force to retake these powers, Rhodes writes, especially if a state attempts to secede or declare itself of equal sovereignty with the federal government.
bullet “6. We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps.” One of Rhodes’s most strongly stated fears is what he believes will be the attempts of the federal government to build concentration camps and detain citizens.
bullet “7. We will NOT obey any order to force American citizens into any form of detention camps under any pretext.”
bullet “8. We will NOT obey orders to assist or support the use of any foreign troops on US soil against the American people to ‘keep the peace’ or to ‘maintain control’ during any emergency, or under any other pretext. We will consider such use of foreign troops against our people to be an invasion and an act of war.” Rhodes believes that the US government may use foreign troops, perhaps under the auspices of the United Nations, to conduct military operations against its own citizenry.
bullet “9. We will NOT obey any orders to confiscate the property of the American people, including food and other essential supplies, under any emergency pretext whatsoever.”
bullet “10. We will NOT obey any orders which infringe on the right of the people to free speech, to peaceably assemble, and to petition their government for a redress of grievances.”
Rhodes concludes: “The above list is not exhaustive but we do consider them to be clear tripwires—they form our ‘line in the sand’—and if we receive such orders, we will not obey them. Further, we will know that the time for another American Revolution is nigh. If you the people decide that you have no recourse, and such a revolution comes, at that time, not only will we NOT fire upon our fellow Americans who righteously resist such egregious violations of their God given rights, we will join them in fighting against those who dare attempt to enslave them.… The mission of Oath Keepers is to vastly increase their numbers. We are in a battle for the hearts and minds of our own troops. Help us win it.” (Stewart Rhodes 3/9/2009) Army spokesman Nathan Banks will remind the members that following through on their Oath Keepers pledge could mean serious repercussions. “You have every right to disobey an order if you think it is illegal,” Banks will say. “But you will face court-martial, and so help you God if you are wrong. Saying something isn’t constitutional isn’t going to fly.”
Associated with Tea Party Movement - After the 2009 rally, Rhodes’s organization will become closely affiliated with the tea party movement; on July 4, 2009, Rhodes will send speakers to administer his organization’s “oath” at over 30 tea party rallies across the nation. He will take part in the September 12, 2009 “9/12” march in Washington, DC (see September 12, 2009), and host rallies in Florida and other states. (Sharrock 3/2010)

9/12 Project logo.9/12 Project logo. [Source: Springfield 9/12]Conservative radio and Fox News television host Glenn Beck tearfully announces the inception of the “9/12” project, which he claims is a nonpartisan effort to reclaim the spirit of cooperation and unity that suffused the nation on September 12, 2001, the day after the 9/11 attacks. “We weren’t told how to behave that day after 9/11, we just knew,” he says. “It was right; it was the opposite of what we feel today.” With tears flowing down his cheeks, Beck asks, “Are you ready to be the person you were that day after 9/11, on 9/12?” He assures his viewers, “You are not alone,” and says that the project has already grown into “something that millions are now participating in.” The project is “not about parties or politics or anything else,” he continues, but “about proving that the real power to change America’s course still resides with you. You are the secret. You are the answer.” He apologizes for his on-air weeping, and, holding his hand over his heart, sniffles: “I just love my country, and I fear for it. And it seems that the voices of our leaders and the special interests and the media that are surrounding us, it sounds intimidating. But you know what? Pull away the curtain. You’ll realize that there isn’t anybody there. It’s just a few people that are pressing the buttons, and their voices are actually really weak. Truth is, they don’t surround us. We surround them. This is our country.” He tells his viewers to visit The912Project.com, the Web site for the new organization. Beck then cuts to his producer, Steve (Stu) Burguiere, broadcasting from a “massive gathering” in Hollywood, “one of the most liberal cities in the country.” Burguiere begins reporting from an empty room, and begins by saying, “There’s still no one here.” He reiterates Beck’s opening line of “You’re not alone, unless you’re me.” Beck says, “Well, it must be traffic or something.” (Media Matters 3/13/2009; Media Matters 9/11/2009) Days before, Beck had announced his “We Surround Them” movement (see March 9, 2009), featuring actor/martial arts expert and secessionist Chuck Norris. The two organizations seem to dovetail with one another, and with the “tea party” groups (see April 8, 2009). Bloggers at SaveTheRich (.com) later learn that the 9/12 movement is actually a creation of FreedomWorks (see April 14, 2009), the conservative, corporate-funded “astroturf” organization behind the 2009 anti-health care protests. The organization begins planning for its September 12, 2009 march on Washington the same day as Beck announces his 9/12 project on Fox. SaveTheRich concludes that the entire project is a collusion between Fox News and FreedomWorks. Beck does not inform his audience of the connections between the organizations and his project. (SaveTheRich (.com) 4/17/2009; Media Matters 9/11/2009)

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). (Barnes 3/15/2009; Richey 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. (Richey 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.” (Barnes 3/15/2009; Richey 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?” (Liptak 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). (Barnes 3/15/2009; Richey 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.” (Toobin 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. (Toobin 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.” (Rucker 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).

Bill Hemmer.Bill Hemmer. [Source: New York Daily News]Fox News anchor Bill Hemmer, host of Fox News’s flagship news program America’s Newsroom, hosts several segments touting the April 15 “tea party” protests (see April 8, 2009 and April 15, 2009). Hemmer notes protests in Florida and Ohio that occurred in recent days, and directs viewers to the Web site for America’s Newsroom for more information. He says: “Protesters, well, they waved flags and signs and with slogans like ‘Repeal the Pork’ and ‘Our Bacon is Cooked.’ I say, our bacon is cooked. They’re popping up literally all across the country now.… If you go to our Web site, you will find a growing list of these events, hundreds of photos, and a new tea party anthem that you will hear from the man who wrote it and recorded it next hour. And there’s a list of the nationwide Tax Day tea party events coming up on the 15th of April, which will be a huge deal for those organizations. So check it out online right now” (see October 13, 2009). The song is by Lloyd Marcus of the National Association for the Advancement of Conservative People of Color, who has been on what he tells Hemmer was “a 40-city ‘Stop Obama’ tour.” Marcus’s song is extremely critical of President Obama’s policies and supportive of the “tea parties.” The lyrics are posted on FoxNews.com. (Media Matters 4/8/2009)

Glenn Beck.Glenn Beck. [Source: New York Times]The New York Times profiles Fox News talk show host Glenn Beck, describing him as a “rising star” and “one of the most powerful media voices for the nation’s conservative anger.” Beck’s show typically draws about 2.3 million viewers, putting him third among all cable news hosts behind fellow Fox conservatives Bill O’Reilly and Sean Hannity. Beck describes himself as identifying with Howard Beale, the mad “television prophet” of the 1976 film Network, and particularly Beale’s most famous line, “I’m mad as hell, and I’m not going to take it anymore.” (Stetler and Carter 3/29/2009) (Media pundit Eric Boehlert calls Beck’s attempt to associate himself with Beale “nonsense,” and observes: “Beale’s unvarnished on-air rants… targeted conformity, corporate conglomerates, and the propaganda power of television.… Beale’s attacks were not political or partisan. Beck, by contrast, unleashes his anger against, and whips up dark scenarios about, the new president of the United States. Big difference.”) (Boehlert 4/7/2009)
Apocalyptic Rhetoric - Though he insists he believes every word he says on his TV show as well as on his daily radio broadcast, Beck also calls himself a “rodeo clown” and an “entertainer” who reminds his listeners, “If you take what I say as gospel, you’re an idiot.” (Beck is a former morning show disc jockey who regularly performs stand-up comedy in shows around the country.) The Times writes that Beck “is capturing the feelings of an alienated class of Americans.” He regularly preaches against liberal politicians, hosts segments entitled “Constitution Under Attack” and “Economic Apocalypse,” and sometimes bursts into tears. (Stetler and Carter 3/29/2009) Progressive media watchdog site Media Matters will note in a later article that Beck regularly terms President Obama a Marxist, a socialist, and/or a fascist. (Boehlert 4/7/2009) In a recent week-long segment titled “War Games,” Beck advocated for armed citizen militias to overthrow the government (see February 20, 2009), though he later denied such advocacy. America is “on the road to socialism,” he tells his viewers, and claims, “God and religion are under attack in the US.” He recently accused the Federal Emergency Management Agency (FEMA) of setting up “concentration camps” for citizen dissenters, presumably conservatives. He has accused the Obama administration of trying to “indoctrinate… your child into community service through the federal government” (Media Matters 3/27/2009) , says America is about to go through “depression and revolution” (Media Matters 2/13/2009) , and, three days after the Times article is published, compares the administration’s actions to those in “the early days of Adolf Hitler.” (Media Matters 4/1/2009) He will accuse the government of being what he calls “a heroin pusher using smiley-faced fascism to grow the nanny state.” (Media Matters 3/31/2009)
Voice of the 'Disenfranchised' - Phil Griffin, the president of Fox News cable rival MSNBC, says of Beck: “That’s good dramatic television. That’s who Glenn Beck is.” Tom Rosenstiel, the director of the Project for Excellence in Journalism, says: “There are absolutely historical precedents for what is happening with Beck. There was a lot of radio evangelism during the Depression. People were frustrated and frightened. There are a lot of scary parallels now.” Conservative writer David Frum calls Beck’s success “a product of the collapse of conservatism as an organized political force, and the rise of conservatism as an alienated cultural sensibility.” Beck’s shows are “for people who feel they belong to an embattled minority that is disenfranchised and cut off,” Frum adds. Fox News senior vice president Joel Cheatwood says Beck’s audience is “somewhat disenfranchised,” and adds, “[I]t’s a huge audience.” Author and media professor Jeffrey Jones says that Beck engages in “inciting rhetoric. People hear their values are under attack and they get worried. It becomes an opportunity for them to stand up and do something.” Beck denies inciting attacks on the government or any other citizens, saying that those “who are spreading the garbage that I’m stirring up a revolution haven’t watched the show.” Fellow talk show host Bill Maher recently accused Beck of producing “the same kind of talking” that led Timothy McVeigh to bomb a federal building in 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995); Beck responded by saying in part: “Let me be clear. If someone tries to harm another person in the name of the Constitution or the ‘truth’ behind 9/11 or anything else, they are just as dangerous and crazy as those we don’t seem to recognize anymore, who kill in the name of Allah.” (Stetler and Carter 3/29/2009) (The Times does not publish Beck’s next line: “There are enemies both foreign and domestic in America tonight. Call it fearmongering or call it the truth.”) (Boehlert 4/7/2009) He describes himself as having to “be… the guy I don’t want to be—the guy saying things that are sometimes pretty scary, but nobody else is willing to say them.” Currently Beck is the voice of the “We Surround Them” movement (see March 3, 2009) and is part of the “Tea Party” or “teabaggers” civil protest project (see April 8, 2009). (Stetler and Carter 3/29/2009)

The right-wing advocacy group Americans for Prosperity (AFP), funded largely by Koch Industries (see August 30, 2010), has worked closely with the “tea party” movement since its inception (see February 27, 2009 and April 15, 2009). In the weeks before the first Tax Day protests (see April 8, 2009, April 15, 2009, and April 15, 2009), AFP hosts a Web site offering its visitors “Tea Party Talking Points.” The Arizona branch of AFP urges people to send tea bags to President Obama. The Missouri AFP urges its members to sign up for “Taxpayer Tea Party Registration” and provides driving directions to nine protests. After the protests, the North Carolina AFP will launch a “Tea Party Finder” Web site, advertised as “a hub for all the Tea Parties in North Carolina.” (Mayer 8/30/2010)

According to an analysis by progressive media watchdog Media Matters, Fox News airs at least 20 segments on the so-called “tea party” protests (see April 6-7, 2009, April 8, 2009, and April 13-15, 2009) scheduled for April 15 (see April 15, 2009, April 15, 2009 and April 15, 2009). The network also airs at least 73 in-show and commercial promotions for its April 15 coverage. Media Matters claims that Fox is “aggressively promot[ing] the events… encouraging viewers to get involved with tea party protests across the country.” Fox describes the events as “FNC [Fox News Channel] Tax Day Tea Parties.” The network has assigned four of its hosts, including Glenn Beck, Sean Hannity, Greta Van Susteren, and Neil Cavuto, to broadcast live from various “tea parties” around the nation. The analysis does not include a number of “teasers” that Fox shows air to preview upcoming segments on “tea parties.” (Media Matters 4/15/2009) On April 15, Fox will devote much of its day’s coverage to the tea parties. (Media Matters 9/11/2009)

Screenshot of Fox News promoting the ‘Tea Party’ rally in Houston.Screenshot of Fox News promoting the ‘Tea Party’ rally in Houston. [Source: Fox News / Media Matters]Republican lawmakers announce their intention to join with right-wing protesters on April 15, 2009, in what is envisioned as a nationwide protest against the Obama administration’s tax policies. The primary organizers are the think tanks Americans for Prosperity and Freedom Works, and right-wing bloggers such as Michelle Malkin. They say that under President Obama, taxes are “too high” and freedoms are being “eroded.” They have also called for Obama’s impeachment and refer to him as “Obama bin Lyin” and other derogatory nicknames.
Republicans, Neo-Nazis, Secessionists Joining in 'Tea Party Protests' - Malkin has called the movement the “Tea Party Protests,” in an attempt to connect the protests with the American Revolution’s Boston Tea Party. Senator David Vitter (R-LA) is sponsoring legislation to honor the protests. Representatives David Davis (R-TN), Jason Chaffetz (R-UT), Rob Bishop (R-UT), Todd Tiahrt (R-KS), John Fleming (R-LA), Ander Crenshaw (R-FL), Bob Latta (R-OH), John Shadegg (R-AZ), Sue Myrick (R-NC), Bill Posey (R-FL), and Louie Gohmert (R-TX) will attend local protests, as will Governor Mark Sanford (R-SC) and former Representative J.D. Hayworth (R-AZ). Officials from Senator Bob Corker’s (R-TN) and Representative Sam Graves’s (R-MO) office will attend the rallies as well, and Representatives Denny Rehberg (R-MT), Jack Kingston (R-GA), and Tom Rooney (R-FL) are urging their constituents to attend tea party protests. Former House Speaker Newt Gingrich (R-GA), who heads American Solutions for Winning the Futures (ASWF) and who will speak at the New York City rally, is encouraging his supporters to join the protests, and has provided them with what he calls a “toolkit” of talking points. ASWF is funded by oil and energy interests, and led the recent “Drill Here, Drill Now” campaign. ASWF has been an official “partner” in the Tea Party campaign since March. The Tea Party Protests are being joined by gun rights militias, secessionists, and neo-Nazi groups.
Protests Orchestrated by Lobbyist Organizations and Promoted by Fox News - The protests are being heavily promoted on Fox News, which intends to hold all-day “news reports” on April 15 featuring several of its commentators, including Glenn Beck (see March 3, 2009), Sean Hannity, Neil Cavuto, and Greta Van Susteren, live at different venues. Many of the protest organizers’ Web sites feature one or more of the Fox commentators as part of their promotion efforts (see October 13, 2009). Beck is one of several Fox commentators and hosts who claims that the protests are “grassroots” organizations “spontaneously” led by “ordinary people,” but in reality, the protests are being orchestrated by two lobbyist-run and lobbyist-organized organizations, Americans for Prosperity and Freedom Works. According to progressive news site Think Progress, “[t]he two groups are heavily staffed and well funded, and are providing all the logistical and public relations work necessary for planning coast-to-coast protests.” Freedom Works staffers are coordinating conference calls among protesters and working with conservative organizers to give them what it calls “sign ideas, sample press releases, and a map of events around the country” as well as guides featuring talking points and instructions on delivering a “clear message” to the public and the media. Freedom Works has set up numerous Web sites, some of which Think Progress claims are deliberately constructed to appear as the work of amateurs, to promote the protests. In Florida, Freedom Works took over the planning of events. Americans for Progress is writing press releases and planning events in New Jersey, Arizona, New Hampshire, Missouri, Kansas, and several other states. Think Progress calls these activities “corporate ‘astroturfing,’” which it defines as corporations’ attempts to orchestrate events appearing to be grassroots, citizen-led actions. Freedom Works is headed by former Texas Republican Representative Dick Armey, who is a lobbyist for the firm DLA Piper; Americans for Prosperity is headed by Tim Phillips, who is a former partner of right-wing activist Ralph Reed in the lobbying firm Century Strategies. Americans for Prosperity has organized numerous pro-oil company “grassroots” events. (Fang 4/8/2009; Media Matters 4/8/2009; Fang 4/9/2009)

Spencer Bachus.Spencer Bachus. [Source: Chicago Tribune]US Representative Spencer Bachus (R-AL) tells a group of local leaders in Trussville, Alabama, “Some of the men and women I work with in Congress are socialists.” Asked to clarify his comment, Bachus tells a reporter that 17 members of the House of Representatives are socialists. (Bouma 4/9/2009; Alarkon 4/9/2009)
Only Names One of 17 - When pressed, Bachus only names one of his “socialists”—Representative Bernie Sanders (I-VT), who has repeatedly recommended that the US adopt a program of “democratic socialism” similar to some practiced in Scandinavian countries. He refuses to name the other 16. Sanders asks rhetorically: “Has Spencer released his list yet? Everybody’s waiting with bated breath.” He adds, “I think at the very least he has to tell people what his definition of socialism is—and I think, yeah, he should tell us who he was referring to, who’s on the list.”
Possible Reference to Congressional Progressive Caucus - Many Congressional staffers and advisers believe that Bachus is referring to some members of the Congressional Progressive Caucus, a left-leaning coalition of 77 House members founded by Sanders in the early 1990s. Although the caucus has not espoused socialism in any form, it does advocate reduced military spending, universal health care, and higher taxes on the rich. Right-wing groups have long labeled the caucus’s agenda as “fringe-left socialism”; one hard-right pundit, WorldNetDaily’s Joseph Farah, has called the caucus “Congress’s very own Red Army… marching the nation inevitably toward its self-proclaimed socialist ideal.”
Differing Definitions - Politico’s Glenn Thrush writes that the term “socialism” has different meanings for different people. “To many on the left, it’s a relatively benign—if outdated—term, representing an activist, interventionist government that prioritizes economic security over the unfettered freedom of the marketplace. To many on the right, it’s practically an epithet—suggesting a return to Soviet-style Communism or a leap toward a hyper-regulated European brand of capitalism that stifles innovation and hikes taxes. It’s safe to say that more people in Bachus’s suburban Birmingham district—the most GOP-tilting seat in the country, according to the Cook Political Report—view socialism as a bad, bad thing.”
Mixed Reactions - Doug Thornell, speaking for Representative Chris Van Hollen (D-MD), says of Bachus’s accusation: “House Republicans’ solution to the current economic crisis is to launch head-scratching, ‘50s-style accusations against unidentified members of Congress. Next thing you know they’ll be going after beatniks and calling for the auto industry to bring back the Edsel.… With all the challenges we face, it’s stunning this is what Republicans are talking about. They sound like a broken record of GOP low points from the 2008 campaign.” Erin Kanoy of the Heritage Foundation is glad Bachus “called out” his colleagues, saying: “I think that people expressing where they see someone on the political spectrum has tended to be an off-limits thing and very politically incorrect—but sometimes I think you’ve got to call a spade a spade. If Bachus believes members of Congress are part of this movement, he should be able to say it.… He’s really reflecting a much larger frustration with the landslide of legislation that we’ve had coming at us that seems to be marching towards socialist government.” Conservative activist Grover Norquist agrees with Bachus’s position, but says he should not have gotten into the subject of lists. “We shouldn’t get into a labeling thing with the other side,” Norquist says. “We shouldn’t call them socialists—we should call them stupid because they are spending all this money we don’t have.” Sanders notes that conservatives tried to tar Barack Obama with similar accusations: “They said a lot of this stuff about Obama during the [presidential] campaign, calling him a socialist, and trying to instill fear in people” (see August 1, 2008 and After, October 10, 2008, October 27, 2008, and March 5, 2009). Many progressive and liberal bloggers have accused Bachus of launching an attack on Democrats worthy of the McCarthyite “Red scare” of the 1950s. (Akers 4/10/2009; Thrush 4/14/2009)
Defending Socialism, Decrying 'Scare Tactics' - In an op-ed for the Huffington Post, Sanders writes: “I doubt that there are any other socialists, let alone 17 more, in all of the Congress. I also respectfully doubt that Spencer Bachus understands much about democratic socialism.… At its worst, Washington is a place where name-calling partisan politics too often trumps policy.… [B]randing someone as a socialist has become the slur du jour by leading lights of the American right from Newt Gingrich to Rush Limbaugh. Some, like Mike Huckabee, intentionally blur the differences between socialism and communism, between democracy and totalitarianism. ‘Lenin and Stalin would love this stuff,’ Huckabee told last winter’s gathering of the Conservative Political Action Conference. If we could get beyond such nonsense, I think this country could use a good debate about what goes on here compared to places with a long social-democratic tradition like Sweden, Norway, and Finland, where, by and large, the middle class has a far higher standard of living than we do.… [W]e should be prepared to study and learn from the successes of social democratic countries. Name-calling and scare tactics just won’t do.” (Sanders 4/22/2009)

Fox News’s flagship morning news broadcast, America’s Newsroom, repeatedly airs video clips promoting the upcoming “tea party” protests for April 15 (see April 8, 2009, April 15, 2009, April 15, 2009, and April 15, 2009). Host Bill Hemmer urges viewers to attend protests near them, and alerts them to “virtual tea parties” being hosted on Fox’s “non-partisan” Web site Fox Nation. One clip exhorts viewers to “say no to biased media and yes to fair play and free speech,” and then prompts them to “express your views, your values” at Fox Nation. Hemmer then tells viewers that commentators Glenn Beck (see April 15, 2009), Sean Hannity, Neil Cavuto, and Greta Van Susteren are reporting and helping host protests in four separate areas around the nation. “Can’t get to a tea party?” Hemmer asks. “Fox Nation hosts a ‘virtual tea party.’ You can check it out on the site.” During Hemmer’s pitch, Fox News airs a clip of a protest sign with “NO to socialism!” written across an American flag with a Soviet-style hammer and sickle in place of the 50 stars (see October 13, 2009). (Media Matters 4/13/2009)

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. (Fang 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). (Fang 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. (Phillips 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; Fang 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)

The Center for American Progress (CAP), a progressive think tank and lobbying organization, releases a report that says the “tea party” movement protesting the various policies of the Obama administration (see April 8, 2009) is not, as purported, entirely a grassroots movement of ordinary citizens, but an “astroturf” movement created, organized, and funded by powerful conservative and industry firms and organizations. (CAP notes that the anti-tax “tea parties,” with “tea” standing for “Taxed Enough Already,” fail to note that President Obama’s recent legislation actually has cut taxes for 95 percent of Americans.) Two of the most prominent organizations behind the “tea parties” are FreedomWorks and Americans for Progress (AFP). FreedomWorks (see April 14, 2009) is a corporate lobbying firm run by former House Majority Leader Dick Armey (R-TX), and organized the first “tea party,” held in Tampa, Florida, on February 27. It then began planning and organizing “tea parties” on a national scale; officials coordinated logistics, called conservative activists, and provided activists with sign ideas and slogans and talking points to use during protests. AFP has coordinated with FreedomWorks. AFP is a corporate lobbying firm run by Tim Phillips, a former lobbying partner of conservative activist Ralph Reed, and funded in part by Koch Industries, the largest private oil corporation in America (see May 29, 2009). Former House Speaker Newt Gingrich (R-GA) is also involved, through his lobbying form American Solutions for Winning the Future, which is supported by oil companies.
Support, Promotion from Fox News - On cable news channels, Fox News and Fox Business have run promotions for the “tea parties” in conjunction with enthusiastic reports promoting the affairs (see April 13-15, 2009, April 15, 2009, April 15, 2009, and April 6-13, 2009); in return, the organizers use the Fox broadcasts to promote the events. Fox hosts Glenn Beck, Neil Cavuto, and Sean Hannity all plan to broadcast live reports from the events. Fox also warns its viewers that the Obama administration may send “spies” to the events. (Fox justifies its depth of coverage by saying that it provided similar coverage for the 1995 Million Man March. However, Fox did not begin broadcasting until 1996—see October 7, 1996.)
Republican Support - Congressional Republicans have embraced the “tea parties” as ways to oppose the Obama administration. Many leading Republicans, such as Minority Leader John Boehner (R-OH), Paul Ryan (R-WI), and some 35 others, will speak at AFP-funded “tea parties.” Republican National Committee Chairman Michael Steele has moved the RNC to officially support the protests. And Senator David Vitter (R-LA) has introduced legislation formally honoring April 15 as “National Tea Party Day.” “It’s going to be more directed at Obama,” says reporter and commentator Ana Marie Cox. “This is very much, I think, part of the midterm strategy” to win elections in 2010.
Fringe Elements - According to CAP, many “fringe” elements of the conservative movement—including “gun rights militias, secessionists, radical anti-immigrant organizations, and neo-Nazi groups”—are involved in the “tea parties.” (Shakir et al. 4/15/2009; Fang 5/29/2009)

Fox News anchor Megyn Kelly, interviewing Brent Bozell of the conservative media watchdog organization Media Research Center, lets slip an admission that her network provided public relations services to the “tea party” protests that took place yesterday (see April 15, 2009, April 15, 2009 and October 13, 2009). Kelly says: “You know, Brent, it’s been interesting because Fox News covered these tea parties, and we were one of the only organizations to give it any publicity or PR prior to the fact that it happened, and it was so under-covered by virtually every news organization. Why is that? Why was it so ignored up until the very last day by virtually everyone?” Talking Points Memo reporter Brian Beutler calls Kelly’s comment “a media version what some of us like to call a Kinsley gaffe”; such a “gaffe” is defined as an instance where a politician mistakenly tells the truth. (Beutler 4/16/2009) Steve Benen of the Washington Monthly notes: “Fox News is ostensibly a news outlet. Obviously, it’s not a legitimate journalistic enterprise, and equally obvious was the fact that it was doing ‘public relations’ work for the conservative rallies. But Megyn Kelly isn’t supposed to admit this on the air. As for the substance of her concerns about the legitimate news organizations, Kelly is no doubt convinced that there’s a nefarious media bias at play, but it’s at least possible major outlets didn’t have much pre-event coverage because there wasn’t that much, you know, news. Most mainstream outlets didn’t feel the need to do ‘p.r.’ work for enraged partisans in advance of their protests. That’s probably a good thing.” (Benen 4/16/2009)

Fox News’s Web site, Fox Nation, features a banner advertisement for May 14’s ‘Tea Party 2.0’ events.Fox News’s Web site, Fox Nation, features a banner advertisement for May 14’s ‘Tea Party 2.0’ events. [Source: Media Matters]As it did with the April 15 “tea parties” (see April 15, 2009), Fox News actively promotes the May 14 anti-tax “tea party” protests scheduled to take place at venues around the country. The protests, dubbed “Tea Party 2.0,” are a major portion of Fox’s coverage before and during the May 14 events. On May 13, Fox News host Greta Van Susteren hosts one of the events’ highest-profile organizers, Governor Mark Sanford (R-SC), speaking on behalf of the Republican Governors Association (RGA), one of the hosts of the events. “If you wanted to go to a tea party on April 15 but could not make it or there was none in your hometown, tomorrow’s your big chance,” she says. She also asks Sanford if viewers can log on to a Web site for more information, and asks for a phone number for more information. During the interview, Fox News shows an on-screen text crawl that reads, “To sign up for Tea Party 2.0 go to: www.thegopcomeback.com” (see October 13, 2009). (Media Matters 5/14/2009; Media Matters 5/15/2009)

Barack Obama and Sonia Sotomayor during the nomination announcement.Barack Obama and Sonia Sotomayor during the nomination announcement. [Source: Associated Press]President Obama nominates Second Circuit Appeals Court Judge Sonia Sotomayor as his candidate to replace retiring Supreme Court Justice David Souter (see May 1, 2009). Sotomayor is a Hispanic woman from an underprivileged background with a stellar academic record and an extensive legal background, having served as a prosecutor, a corporate lawyer, and a judge for 17 years, having been first appointed to the bench by former President George H. W. Bush. She is expected to receive heavy support from Democrats. Republicans say they are waiting for more information to decide whether to mount organized opposition. Political observers say such a move would be chancy for Republicans, who need to attract more support from Hispanic and female voters. Obama calls Sotomayor a judge with an impressive intellect and a great capacity for empathy, and a jurist who renders judgments with “an understanding of how the world works and how ordinary people live.” He notes that Sotomayor has more legal experience than any currently sitting justice had when they ascended to the high court. Sotomayor would be the first Hispanic and the third woman to serve on the Court. Sotomayor is considered more or less ideologically consistent with the moderate-to-liberal Souter, and thus would not change the court’s ideological makeup. The Obama administration says it wants Sotomayor approved in time for the Court’s October session. In her acceptance speech, Sotomayor says of herself, “I am an ordinary person who has been blessed with extraordinary opportunities and experiences.” Of her position as a jurist, she says she is driven first and foremost by the rule of law and the principles laid down in the Constitution. “Those principles,” she says, “are as meaningful and relevant in each generation as the generation before.” Sotomayor was chosen over three other short-listed finalists: fellow appellate court judge Diane Wood, Solicitor General Elena Kagan, and Homeland Security Secretary Janet Napolitano. It is likely that one or more of the people on the list may become nominated to the court as well: Justice John Paul Stevens is 89 years old, and Justice Ruth Bader Ginsburg, 76, suffers from pancreatic cancer. (Feller 5/26/2009; CNN 5/26/2009) In response to the nomination, Republican National Committee chairman Michael Steele says: “Republicans look forward to learning more about… Sotomayor’s thoughts on the importance of the Supreme Court’s fidelity to the Constitution and the rule of law. Supreme Court vacancies are rare, which makes Sonia Sotomayor’s nomination a perfect opportunity for America to have a thoughtful discussion about the role of the Supreme Court in our daily lives. Republicans will reserve judgment on Sonia Sotomayor until there has been a thorough and thoughtful examination of her legal views.” (Terkel 5/26/2009)

National Council of La Raza logo.National Council of La Raza logo. [Source: National Council of La Raza]Former House member Tom Tancredo (R-CO—see September 9, 2006) continues his attacks on Supreme Court nominee Sonia Sotomayor (see May 26, 2009). As in his earlier commentary, Tancredo vilifies Sotomayor over her supposed racism. On CNN, Tancredo says that her affiliation with the National Council of La Raza (NCLR), a Hispanic civil rights group, is the equivalent of a white person belonging to the Ku Klux Klan. “If you belong to an organization called La Raza, in this case, which is, from my point of view anyway, nothing more than a Latino—it’s a counterpart—a Latino KKK without the hoods or the nooses,” he says. “If you belong to something like that in a way that’s going to convince me and a lot of other people that it’s got nothing to do with race. Even though the logo of La Raza is ‘All for the race. Nothing for the rest.’ What does that tell you?” When host Rick Sanchez attempts to redirect Tancredo from his statements about the civil rights group, Tancredo shouts: “She’s a member! She’s a member of La Raza!” (Frick 5/28/2009; NewsMax 5/28/2009) Liberal news website Think Progress notes that La Raza has been targeted by conservative critics since the 2006 immigration rallies, with some making the false claim that La Raza advocates the secession of the Western United States “as a Hispanic-only homeland,” and right-wing blogs calling the organization “an anti-white extremist group.” In reality, La Raza is the nation’s largest Latino civil rights and advocacy group, focusing primarily on “civil rights/immigration, education, employment and economic status, and health.” The name “La Raza” translates to “the people,” not “the race,” as Tancredo insists. And the group’s motto is not “All for the race, nothing for the rest,” as Tancredo says, it is actually “Strengthening America by promoting the advancement of Latino families.” La Raza, or NCLR as it is officially known, points to its recognition by the Office of the Surgeon General and the Leadership Council for Civil Rights for its efforts on behalf of underprivileged Hispanic-Americans, and its work alongside Habitat for Humanity and the Heritage Foundation as a nonprofit organization working for positive social change. (National Council of La Raza 2009; Frick 5/28/2009)

Progressive news and advocacy Web site Think Progress profiles Tim Phillips, the president of Americans for Prosperity (AFP), the conservative Washington lobbying organization that is planning to coordinate anti-tax “tea party” protests (see April 8, 2009 and April 15, 2009) with a summer push against the White House’s health care reform proposals. AFP is largely funded by Koch Industries, the largest private oil corporation in the US; AFP has long advocated positions favorable to the energy and health care industries. AFP also uses the technique of “astroturfing,” the creation of ostensibly citizen-driven “grassroots” advocacy groups that are actually funded and driven by corporate and lobbying interests. AFP’s most recent creation is a “front group” called “Patients United Now” (PUN), a group explicitly designed to thwart health care reform. PUN’s Web site declares, “We are people just like you,” and actively solicits participation and donations from ordinary Americans without revealing its corporate roots. AFP employs close to 70 Republican operatives and former oil industry officials.
Other 'Astroturf' Campaigns - Think Progress notes that other AFP “Astroturf” groups have organized events such as the “Hot Air Tour” attacking environmental regulation, the “Free Our Energy” movement to promote domestic oil drilling, the “Save My Ballot Tour” which sent conservative activist “Joe the Plumber” (see October 10, 2008) around the country attacking the Employee Free Choice Act, the “No Climate Tax” group aimed at defeating the Clean Energy Economy legislation, and the “No Stimulus” organization, which opposes the Obama administration’s economic policies.
Headed by Former Abramoff Colleague - AFP’s president is Tim Phillips, a veteran conservative lobbyist and “astroturfer.” In 1997, Phillips, then a Republican campaign strategist, joined Christian conservative activists in a new lobbying firm, Century Strategies. The firm promised to mount “grassroots lobbying drives” and explained its strategy as “it matters less who has the best arguments and more who gets heard—and by whom.” Century Strategies was given a boost by Texas GOP political operative Karl Rove, and began its career representing the Texas oil giant Enron. The firm was paid $380,000 to mobilize “religious leaders and pro-family groups” to push energy deregulation on the federal and state level, an effort which helped lead, says Think Progress, “to the energy crisis and economic meltdown of 2001.” As part of their efforts, Phillips and his partner, former Christian Coalition official Ralph Reed, used their congressional connections and “placed” purported “news” articles in the New York Times and other prominent newspapers. Phillips managed the firm’s direct mail subsidiary, Millennium Marketing, which was hired by then-GOP lobbyist Jack Abramoff to pressure members of Congress to oppose federal wage and worker safety legislation. Phillips and Reed also worked with Abramoff in the lobbyists’ efforts to fraudulently charge Native American tribes millions of dollars in lobbying fees over their efforts to build casinos on tribal lands. And they helped Abramoff launder gambling money. Phillips and Reed are responsible for the ads that helped Republicans win election victories by comparing Democratic candidates to Osama bin Laden, and helped George W. Bush (R-TX) defeat Senator John McCain (R-AZ) in 2000 by accusing McCain of fathering an illegitimate black child. They were unsuccessful in preventing the 2000 election of Republican Eric Cantor (R-VA) to the House by attacking his Jewish heritage. (Fang 5/29/2009)
Headed by Oil Billionaire, Republican Party Funder - MSNBC’s Rachel Maddow will later note that AFP’s director is Art Pope, a multi-millionaire who has given so much money to the North Carolina Republican Party that it named its headquarters after him. The national chairman of AFP is David Koch, who with his brother runs Koch Industries, the largest privately held oil company in the US and a longtime supporter of right-wing causes. Koch is the 19th richest man in the world. (MSNBC 8/6/2009)

A 2002 photo of Dr. George Tiller.A 2002 photo of Dr. George Tiller. [Source: Abortion Essay (.com)]Dr. George Tiller, one of the handful of doctors in the USA willing to perform late-term abortions, is shot to death while attending services at the Reformation Lutheran Church in Wichita, Kansas. The 67-year-old doctor is slain in front of several witnesses by a single assailant in the foyer of his church while serving as an usher at about 10 a.m. Law enforcement officials say they believe the murder is “the act of an isolated individual,” but add that they are also looking into the suspected assailant’s “history, his family, his associates.” (Smith 5/31/2009; Stumpe and Davey 5/31/2009) Tiller’s murderer is eventually identified as anti-abortion activist Scott Roeder (see May 31, 2009).
Murder Caps Off Years of Violence, Harassment - Tiller’s murder comes after repeated harassment and violence against him, his clinic, and his patients. In 1986, the clinic was bombed, causing serious damage. In 1991, 2,000 protesters outside the clinic were arrested over the course of the summer. In 1993, Tiller was shot in both arms outside the clinic (see August 19, 1993). During a trial for performing illegal abortions, in which he was acquitted (see March 27, 2009), Tiller testified that he had spent years under the protection of federal agents after the FBI learned in 1994 that he was a top target on an anti-abortionist assassination list. (Agence France-Presse 5/31/2009) In recent months, Tiller had been targeted by Fox News talk show host Bill O’Reilly, who repeatedly referred to him as “Tiller the Killer.” Tiller’s clinic was defaced with a poster titled “Auschwichita,” that claimed Tiller was like Hitler because he espoused Christianity just as Hitler did. The poster also used the term “Tiller the Killer,” and called Tiller an “equal opportunity executioner.” (Sarah Jones 10/20/2010)
Responses from Family, President, Activists - Responding to Tiller’s murder, President Obama tells the nation, “However profound our differences as Americans over difficult issues such as abortion, they cannot be resolved by heinous acts of violence” (see May 31, 2009). Troy Newman, the president of the anti-abortion organization Operation Rescue (OR—see 1986), says his organization has always sought “nonviolent” measures to challenge Tiller, including efforts in recent years to have him prosecuted for crimes or investigated by state health authorities. “Operation Rescue has worked tirelessly on peaceful, nonviolent measures to bring him to justice through the legal system, the legislative system,” Newman says. “We are pro-life, and this act was antithetical to what we believe.” Newman says that Roeder may have posted on OR-hosted Web sites, but says of the suspect, “He is not a friend, not a contributor, not a volunteer.” The media will quickly unearth deeper ties between OR and Roeder than Newman initially acknowledges (see May 31, 2009). In a statement, the Tiller family says: “George dedicated his life to providing women with high-quality health care despite frequent threats and violence. We ask that he be remembered as a good husband, father, and grandfather, and a dedicated servant on behalf of the rights of women everywhere.” (Stumpe and Davey 5/31/2009)

Representative Tim Bishop (D-NY) holds a “town hall” meeting in Setauket, New York, to attempt to discuss the White House’s health care reform package. However, the town hall is disrupted by a large number of angrily shouting conservatives, there to protest the reform proposals. The protesters hound Bishop throughout the meeting, shouting him down when he attempts to speak, and accusing him of “selling out” the country through his positions on the White House’s energy, economic, and health care policies. The mob becomes so threatening that five police officers are forced to escort Bishop to his car for his own safety. In part because of the incident, Bishop will suspend further town hall meetings until August 2009. Bishop has held over 100 such meetings since his election to Congress in 2002. (Isenstadt 7/31/2009; MSNBC 8/4/2009)

President Obama, in a televised “town hall” event held in the White House to discuss health care reform, suggests that one way to trim medical costs might be to cease performing expensive and futile treatments—“extraordinary measures”—on terminally ill patients who do not want such interventions and would not benefit from them. Currently, doctors who have no particular instructions will perform “extraordinary measures” to stave off a terminally ill patient’s death, even for a matter of hours, no matter how intrusive or expensive the procedure. Obama tells his listeners that families need better information so they don’t unthinkingly approve “additional tests or additional drugs that the evidence shows is not necessarily going to improve care.” In some instances, he says, “Maybe you’re better off not having the surgery, but taking the painkiller.” He notes the experience of his recently deceased grandmother, Madelyn Dunham, was diagnosed with terminal cancer and given less than nine months to live. When she broke her hip, she and her family had to decide whether to put her through a long, expensive, and painful hip-replacement procedure. “[A]nd the question was, does she get hip replacement surgery, even though she was fragile enough they were not sure how long she would last?” he says. (Nicholas 6/25/2009) Obama is not advocating that life-extending treatments be forcibly denied to terminally ill or elderly patients (see July 23, 2009 and July 23, 2009), but his remarks will be misconstrued as advocating just such a position (see June 25, 2009, July 10, 2009, July 16, 2009, July 17, 2009, July 21, 2009, July 23, 2009, July 23-24, 2009, and July 24, 2009, July 28, 2009, July 28, 2009, July 28, 2009, July 31, 2009 - August 12, 2009, August 7, 2009, August 10, 2009, Shortly Before August 10, 2009, August 11, 2009, and August 12, 2009).

Fake ‘ObamaCare’ card distributed by FreedomWorks.Fake ‘ObamaCare’ card distributed by FreedomWorks. [Source: FreedomWorks]The corporate lobbying firm FreedomWorks (see April 14, 2009) sends out a detailed memo, written in part by founder Dick Armey (R-TX), laying out strategies for protesting the Obama administration’s health care reform proposals. The memo claims that the White House intends to supplant the current privately owned and operated health care system with a “government-run” system “that would cost taxpayers trillions of dollars in new taxes” and feature “government bureaucrats,” not doctors and patients, deciding who received what health care. “This takeover of the health care system would be costly in terms of our money, our freedom, and even our lives,” the memo states. Members and sympathizers should descend on the “town hall” meetings and other venues hosted by their Congressional representatives and demand that they oppose the proposals. The memo states that its “action kit” should be used at the “tea parties” being sponsored by FreedomWorks and other right-wing organizations (see April 14, 2009, April 15, 2009, and May 29, 2009). The memo contains talking points, slogans, sample questions, a “sample” letter to the editor that members can copy and sign, a petition, and a satirical “Obamacare Card” issued to “Nancy P. Pelosi,” the Democratic Speaker of the House, saying that the bearer is entitled to “rationed health care, long waits, less choice and control, poorer care, fewer doctors and drugs, massive government, higher taxes, growing debt, zero innovation, rising costs, waste, fraud, and abuse, [and] anxiety, pain, [and] fear of death.” (Dick Armey 6/26/2009 pdf file)

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; Liptak 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). (Hasen 6/29/2009) The decision will indeed overturn both Austin and McConnell, and gut most of the BCRA (see January 21, 2010).

Moderate Republican House member Mike Castle (R-DE) faces a raucous band of angry conservative protesters at one of his “health care listening tour” meetings. Castle, who is one of eight Republicans to join the Democratic majority in voting for the American Clean Energy and Security Act, is challenged by a full range of accusations and conspiracy theories, some ranging far afield from health care reform and energy policy.
'Socialized Medicine' Worse than 9/11 - Some audience members accuse Castle of supporting “socialized medicine.” One member shouts, “I don’t have the answers for how to fix the broken pieces of our health care system, but I know darn well if we let the government bring in socialized medicine, it will destroy this thing faster than the twin towers came down.”
'Cap and Trade' Tax Will Destroy Economy - One audience member shouts that the proposed “cap and trade” tax on pollutants will destroy the US economy. “Do you have any idea what that cap and trade tax thing, bill that you passed is going to do to the Suffolk County poultry industry?” the member says. “That’s how chicken houses are heated, with propane. It outputs CO2. I mean, I’m outputting CO2 right now as I speak. Trees need CO2 to make oxygen! You can’t tax that!”
Global Warming a 'Hoax' - Many audience members respond with cheers and chants to expressions that global warming is a hoax. “I’m actually hopeful that this vote that you made was a vote to put you out of office,” one says to a barrage of applause and cheers. “You know, on this energy thing, I showed you, I had in my email to you numerous times there are petitions signed by 31,000 scientists that that know and have facts that CO2 emissions have nothing to do and the greenhouse effect has nothing to do with global warming. It’s all a hoax! [Applause.] First of all, I cannot for the life of me understand how you could have been one of the eight Republican traitors!” Another audience member says that global warming is “still a theory, so is Darwin’s theory of evolution! And yet we have the audacity to say global warming is accurate, it’s more than a theory? How about how cold it’s been this spring. Personal data, data shows that since 1998 average temperatures have been cooling!”
'Dead Baby Juice' Used to Create AIDS, Swine Flu - Some audience members believe that AIDS and the H1N1 “swine flu” epidemic are part of a conspiracy to kill Americans, using “dead baby juice.” “The virus was built and created in Fort Dix, a small bioweapons plant outside of Fort Dix,” one audience member asserts. “This was engineered. This thing didn’t just crop up in a cave or a swine farm. This thing was engineered, the virus. Pasteur International, one of the big vaccine companies in Chicago, has been caught sending AIDS-infected vaccines to Africa. Do you think I trust—I don’t trust you with anything. You think I’m going to trust you to put a needle full of dead baby juice and monkey kidneys? Cause that’s what this stuff is grown on, dead babies!”
Obama a Kenyan - One audience members wins a round of applause by asserting that President Obama is not an American citizen. “Congressman Castle, I want to know,” she shouts. “I have a birth certificate here from the United States of America saying I’m an American citizen, with a seal on it. Signed by a doctor, with a hospital administrator’s name, my parents, the date of birth, the time, the date. I want to go back to January 20th and I want to know why are you people ignoring his birth certificate? He is not an American citizen! He is a citizen of Kenya!”
Protests Organized by Conservative Lobbying Organizations - According to liberal news and advocacy site Think Progress, Castle and other moderate Republicans are facing orchestrated attacks on their energy and health care policies by conservative lobbying firms and right-wing talk show hosts. Lobbying organizations such as Americans for Prosperity (AFP—see May 29, 2009) have tarred Castle and other moderate Republicans as “cap and traitors,” joined by members of Fox News host Glenn Beck’s “9-12” organization (see March 13, 2009 and After) and exhorted by pronouncements from Beck, fellow talk show host Rush Limbaugh, the Web site Prison Planet, and others. (Johnson 7/21/2009)

Paul Topete of Poker Face.Paul Topete of Poker Face. [Source: AmericanFreePress (.net)]A thousand people attend a “tea party” rally in Washington, DC. Speakers include members from a number of anti-tax “reform” groups, the lobbying organization and tea party sponsor FreedomWorks (see April 8, 2009 and April 14, 2009), and a number of radio talk show hosts. A rock band, Poker Face, provides entertainment and technical support. Poker Face’s lead singer, Paul Topete, has publicly called the Holocaust a “hoax” and has written for Holocaust-denial publications. Poker Face was refused permission to play at a Rutgers University event in 2006 and a Ron Paul (R-TX) campaign event in 2007 because of the band’s open bigotry and anti-Semitism. However, as the Institute for Research & Education on Human Rights’s Devin Burghart and Leonard Zeskind will later note, “they made it to the stage of the tea party without any questions asked.” (Burghart and Zeskind 10/19/2010)

A Syracuse “town hall” meeting hosted by Democratic House member Dan Maffei (D-NY) turns ugly after police are forced to intervene to restore order. During the meeting, held at Lincoln Middle School and focusing on health care reform, conservative anti-reform protesters cause disruption with shouts, curses, and screams that repeatedly drown out both Maffei’s remarks and the questions and comments from the audience, which numbers around 400. Many of the protesters are members of one or another “tea party” groups (see April 8, 2009), which have long opposed the policies of the Obama administration. The worst of the attempts to shout down discussion comes when Maffei or audience members bring up the idea of the “public option,” the idea of a government-run alternative health care plan similar to Medicare or Medicaid. Some pro-reform audience members bicker with the anti-reformists, adding to the cacophany. Maffei will later say he believes many of the loudest and most discourteous anti-reform protesters were not from the district, but had been brought in by special interest groups (see July 23, 2009 and August 4, 2009). “Many of them are not even from the Congressional district,” Maffei says. “But we’re not going to check driver’s licenses and ask people if they live in the district. It’s very, very unfortunate.” After the meeting, Maffei says he is considering other formats for such meetings; he says any such format should allow everyone to speak and discuss ideas in a respectful fashion. “This has been a problem going on a little bit with our public meetings,” he says. “It just makes me think we can do a better job with the format.” (Weiner 7/12/2009; Slajda 8/3/2009)

Wendell Potter (r) being interviewed by Bill Moyers (l).Wendell Potter (r) being interviewed by Bill Moyers (l). [Source: PR Watch (.org)]Former health care executive Wendell Potter, who left the insurance giant Cigna after fifteen years, appears on “Bill Moyers’ Journal.” He was formerly the head of corporate communications before he resigned his position, a post he calls “the ultimate PR job.” He says he was not forced to leave the company, and was extremely well compensated for his duties. He left after realizing that the health care industry is using underhanded and hurtful tactics to undermine the drive towards health care reform. He never went to his bosses with his observations because, he says, “for most of the time I was there, I felt that what we were doing was the right thing. And that I was playing on a team that was honorable. I just didn’t really get it all that much until toward the end of my tenure at Cigna.”
Health Care Expo Changed His Perceptions - In June 2007, Potter recalls, his perceptions were drastically changed by his visit to a health care exposition in Wise, Virginia (see June 2007).
Changing Plans - The industry shifted from selling primarily managed care plans, he says, to what they call “consumer-driven plans.” Despite the name, they are health care plans with high deductibles and limited coverage.
'Highlight Horror Stories' - Moyers shows Potter a copy of an “action plan” devised by America’s Health Insurance Plans (AHIP), the industry’s trade association. In large gold letters, the plan tells lobbyists and industry representatives to “Highlight horror stories of government-run systems.” Potter says that AHIP and other industry representatives try to paint government-run health care as socialism, and as inevitable failures. “The industry has always tried to make Americans think that government-run systems are the worst thing that could possibly happen to them,” he says, “that if you even consider that, you’re heading down on the slippery slope towards socialism. So they have used scare tactics for years and years and years, to keep that from happening. If there were a broader program like our Medicare program, it could potentially reduce the profits of these big companies. So that is their biggest concern.” Moyers also notes that the AHIP plan targets the film Sicko, a 2007 documentary by leftist filmmaker Michael Moore that portrayed America’s health care industry in a dismal light. AHIP’s action plan is to “Position Sicko as a threat to Democrats’ larger agenda.” Potter says that was an effort to discredit the film by using lobbyists and AHIP staffers “to go onto Capitol Hill and say, ‘Look, you don’t want to believe this movie. You don’t want to talk about it. You don’t want to endorse it. And if you do, we can make things tough for you.’” If they did, AHIP would retaliate by running negative ads against the lawmakers in their home districts or other electoral punishments. AHIP focused strongly on the conservative Democratic Leadership Council. Another tactic, as delineated in the memo: “Message to Democratic insiders. Embracing Moore is one-way ticket back to minority party status.” Moyers says that AHIP attempted to “radicalize” Moore and portray him as an extremist who could not be believed. Many politicians used AHIP talking points in discussing Moore and his film. “So your plan worked,” Moyers observes. Potter agrees: “It worked beautifully.” The lesson that was lost from Moore’s film, Potter says, was that Americans “shouldn’t fear government involvement in our health care system. That there is an appropriate role for government, and it’s been proven in the countries that were in that movie.”
Conservative Counter-Strategy - Moyers then displays a memo from Republican strategist Frank Luntz, who in the spring of 2009 wrote a strategy memo for health care reform opponents. The memo reads in part: “First, you have to pretend to support it. Then use phrases like, ‘government takeover,’ ‘delayed care is denied care,’ ‘consequences of rationing,’ ‘bureaucrats, not doctors prescribing medicine.’” He then shows film clips of House Minority Leader John Boehner (R-OH), Senate Minority Leader Mitch McConnell (R-KY), Senator Jon Kyl (R-AZ), and others using Luntz’s talking points in discussions on the floors of Congress. Potter says that many conservatives—Democrats as well as Republicans—“are ideologically aligned with the industry. They want to believe that the free market system can and should work in this country, like it does in other industries. So they don’t understand from an insider’s perspective like I have, what that actually means, and the consequences of that to Americans. They parrot those comments, without really realizing what the real situation is.” He notes that Representative Zach Wamp (R-TN), who grew up very near Potter’s childhood home in Chattanooga, told reporters that half of America’s uninsured don’t want health care, they would rather “go naked and just take the chance of getting sick. They end up in the emergency room costing you and me a whole lot more money.” Potter notes that the word “naked” is an industry term for people who choose not to buy health insurance. He calls Wamp’s comment “ridiculous” and “an example of a member of Congress buying what the insurance industry is peddling.” Moyers cites conservative Democrat Max Baucus, the chairman of the Senate Finance Committee, as another politician central to the health care reform process who is heavily influenced by corporate lobbyists—two of whom used to work on his own Senate staff. Potter says: “[I]t does offend me, that the vested special interests, who are so profitable and so powerful, are able to influence public policy in the way that they have, and the way that they’ve done over the years. And the insurance industry has been one of the most successful, in beating back any kinds of legislation that would hinder or affect the profitability of the companies.”
Fierce Opposition to Public Option - The “public option,” the idea that the government would extend a non-profit, government-run health care alternative for citizens, is fiercely opposed by the health care industry. Potter says the reason why is “[t]he industry doesn’t want to have any competitor. In fact, over the course of the last few years, has been shrinking the number of competitors through a lot of acquisitions and mergers. So first of all, they don’t want any more competition period. They certainly don’t want it from a government plan that might be operating more efficiently than they are, that they operate.” Government programs such as Medicare and the Veterans Administration’s medical providers are far more efficient than private, for-profit health care providers, and the industry fears that having to compete with such a program will slash their profits. Medical companies will do whatever it takes to keep their profit margins—and shareholder returns—above a certain threshold. They will deny more claims, kick more people off their rolls, purge employer accounts, whatever it takes. Potter, evidently bemused, says, “You know, I’ve been around a long time. And I have to say, I just don’t get this. I just don’t understand how the corporations can oppose a plan that gives the unhealthy people a chance to be covered. And they don’t want to do it themselves.… I’m a capitalist as well. I think it’s a wonderful thing that companies can make a profit. But when you do it in such a way that you are creating a situation in which these companies are adding to the number of people who are uninsured and creating a problem of the underinsured then that’s when we have a problem with it, or at least I do.” A public option would help “keep [health care corporations] honest,” he says, and they would inevitably lose profits.
Predictions - Right now the industry is primarily involved in what Potter calls a “charm offensive,” where it is attempting to give the perception that it, too, is for health care reform. But once Congress begins putting out specific legislative language, the industry and its flacks will begin attacking specific provisions. Moyers says the upshot is for the industry to either “kill reform” or prevent lawmakers from agreeing on a bill, just like what happened in 1993-94 under the Clinton administration. No matter what they say—favoring the elimination of pre-existing condition restrictions, for example—the industry will adamantly oppose reform of any kind. “They don’t want a public plan,” Potter says. “They want all the uninsured to have to be enrolled in a private insurance plan. They want—they see those 50 million people as potentially 50 million new customers. So they’re in favor of that. They see this as a way to essentially lock them into the system, and ensure their profitability in the future. The strategy is as it was in 1993 and ‘94, to conduct this charm offensive on the surface. But behind the scenes, to use front groups and third-party advocates and ideological allies. And those on Capitol Hill who are aligned with them, philosophically, to do the dirty work. To demean and scare people about a government-run plan, try to make people not even remember that Medicare, their Medicare program, is a government-run plan that has operated a lot more efficiently.… [T]hey want to scare you into thinking that through the anecdotes they tell you, that any government-run system, particularly those in Canada, and UK, and France that the people are very unhappy. And that these people will have to wait in long lines to get care, or wait a long time to get care. I’d like to take them down to Wise County. I’d like the president to come down to Wise County, and see some real lines of Americans, standing in line to get their care. (PBS 7/10/2009)

Republicans intend to use the fight over health care reform to “break” President Obama, says at least one Republican senator. Jim DeMint (R-SC) joins other Republican lawmakers in a conference call with so-called “tea party” organizers (see April 14, 2009, April 15, 2009, May 29, 2009, August 4, 2009, August 5, 2009, and Before August 6, 2009) to plan how to use town hall confrontations with Democratic lawmakers to help stall any health care reform bill from being voted on in Congress until at least after the August recess. The call was organized by the lobbying organization Conservatives for Patients Rights (CPR). “I can almost guarantee you this thing won’t pass before August, and if we can hold it back until we go home for a month’s break in August,” members of Congress will hear from “outraged” constituents, DeMint says. “Senators and Congressmen will come back in September afraid to vote against the American people.… [T]his health care issue is D-Day for freedom in America. If we’re able to stop Obama on this it will be his Waterloo. It will break him.” One of the talking points from CPR is to characterize the reform package as a “government takeover” of health care. (Smith 7/17/2009) When Obama says on PBS that “[w]hat they [DeMint and other Republicans] don’t recognize is, this isn’t about me; it’s about the American people… [a]nd things have gotten worse since 1993,” DeMint takes to Fox News to say the argument is about “socialism versus freedom,” and challenge Obama to a debate. “So, I’m glad to have the debate with him,” DeMint says, “but frankly, I’ve been working on health care for over 10 years. I think I know a lot more about how it works than he does. So I’m ready.” (Corley 7/22/2009)

Conservative radio host Rush Limbaugh, following up on claims that the Obama health care reform proposal would encourage elderly Americans to die sooner (see November 23, 2008, January 27, 2009, February 9, 2009, February 11, 2009, February 18, 2009, May 13, 2009, June 24, 2009, June 25, 2009, July 10, 2009, July 16, 2009, and July 17, 2009), tells his listeners that the reform proposal includes “[m]andatory counseling for all seniors at a minimum of every five years, more often if the seasoned citizen is sick or in a nursing home.… That’s an invasion of the right to privacy. We can’t have counseling for mothers who are thinking of terminating their pregnancy, but we can go in there and counsel people about to die.” The claim will soon be debunked (see July 23, 2009). (St. Petersburg Times 7/23/2009)

Patients First bus featuring the “Hands Off Our Health Care” slogan and bloody handprint logo.Patients First bus featuring the “Hands Off Our Health Care” slogan and bloody handprint logo. [Source: Associated Press]The citizens’ organization Patients First, a subsidiary of the conservative lobbying group Americans for Prosperity (AFP—see April 14, 2009, April 15, 2009, and May 29, 2009), schedules a 13-state bus tour. The tour is aimed at bringing conservative protesters to rallies and “town hall” meetings where the White House’s controversial health care proposals are being discussed. AFP’s board includes James Miller, a Federal Trade Commission chairman and budget director during the Reagan administration. The tour begins with a “tea party” rally in Richmond. According to AFP official Ben Marchi, organizers will urge constituents to call or visit their senators and sign a petition that asks members of Congress to “oppose any legislation that imposes greater government control over my health care that would mean fewer choices for me and my family and even deny treatments to those in need.” The bus will make 26 stops in Virginia alone before journeying to North Carolina, Pennsylvania, Indiana, and Louisiana. Another bus will visit Nebraska, Colorado, South Dakota, North Dakota, Montana, Iowa, Arkansas, and Missouri. “Virginians are fired up about health care and what they see as an overreaching federal government,” Marchi says. “We don’t want legislators to come between them and their doctor. The relationship that exists between doctors and patients is sacred and should not be interfered with.” (Meola 7/23/2009; Thrush 7/28/2009)

Anti-health care reform protesters displays sign with swastika prominently featured.Anti-health care reform protesters displays sign with swastika prominently featured. [Source: Paul Rhea]The Democratic National Committee and several national and local unions stage a rally in Austin, Texas, to support the White House’s health care reform proposals. Anti-health care protesters also appear, one of whom carries a sign with a Nazi symbol prominently displayed. The sign warns that anti-reform advocates want “no repeats” of Nazi Germany, apparently in reference to the reform proposals. (TX 912 Candidates 8/5/2009; Philip Martin 8/6/2009)

The conservative lobbying group Americans for Prosperity (AFP—see April 15, 2009 and May 29, 2009), in conjunction with the St. Louis Tea Party Coalition, organizes a large protest at a town hall meeting organized by Senator Claire McCaskill (D-MO). Michelle Sherrod, a McCaskill aide, intends to discuss the senator’s opinion on the Obama administration’s health care reform proposals with the protesters, but AFP volunteers and associated protesters have a different agenda. The AFP Web alert says, “We hope we can have a vigorous yet courteous exchange Monday evening,” but according to liberal blog OpenLeft, whose contributors videotape part of the proceedings for YouTube, the conservative protesters—numbering somewhere around 1,000—are disruptive, often preventing Sherrod and other citizens from asking or answering questions. AFP later calls the protest a “smashing success.” The Fox News blog, Fox Nation, celebrates the protest with the headline, “Tea Party Protest Erupts During Senator’s Town Hall!” (Americans for Prosperity 7/24/2009; Open Left 7/27/2009; St. Louis Business Journal 7/27/2009; Americans for Prosperity 7/28/2009; Fox Nation 7/29/2009)

Bernie Sanders.Bernie Sanders. [Source: Down With Tyranny (.com)]Senator Bernie Sanders (I-VT), a progressive independent who caucuses with Senate Democrats, explains to MSNBC’s Rachel Maddow why Democrats are having so much difficulty winning broad support for their health care reform proposal. “There seems to be a gap between the seriousness of what’s actually being fought over in Washington right now and the level of discourse about it,” Maddow asks (see June 30, 2009, July 6, 2009, July 25, 2009, July 27, 2009, and July 27, 2009). “Why do you think it is that there’s so much sideshow craziness about this issue?” Sanders responds that Democrats “have not been as clear as we should be in what, in fact, we are fighting for.” Sanders, a proponent of government-led “single-payer” health care, which would in essence supplement private health care and health insurance, says that because single-payer “is off of the table because of the power of the insurance companies and the drug companies,” the resulting proposals have become “pretty complicated… [opening] up opportunities for the extreme right-wing to come up with their crazy ideas.” Maddow says, “They’re sort of filling the vacuum of the lack of details that people don’t understand with craziness that people are willing to [believe].” The health care crisis is real, Sanders says, with thousands of Americans dying every year because of lack of access to doctors, and 1 million American families predicted to go bankrupt over staggering health care bills. But the discussion has been derailed, he says, into discussing “killing Grandma” and “rationing health care.” Sanders believes that the insurance companies, and their Republican and Democratic allies in Congress, are battling the so-called “public option”—providing a government-run health care alternative for people who can’t afford health care from the private providers—because they “are very afraid and rightfully so, that if given the choice, the people would gravitate towards a public plan because a public plan will not have the administrative costs, the huge CEO compensation costs, and the general bureaucracy that a [private] plan will have.” Besides, Sanders notes, “if you want to do any kind of cost containment, you need to have the competition from a public plan because without that, the private insurance companies will be out there on their own, being able to raise rates as much as they have in the past.” Health care corporations are spending $1.3 million per day lobbying lawmakers and other influential government officials, Sanders says, and health insurance and drug companies are spending millions on negative advertising. That kind of money has a powerful impact. “[W]ith all of that money coming into Capitol Hill,” he says, “I’m afraid that too many of my colleagues look at the world from the perspective of the insurance companies, from the drug companies who are charging us the highest prices for medicine in the entire world, rather than from the needs of ordinary Americans.” (MSNBC 7/29/2009)

House Speaker Nancy Pelosi (D-CA) says of the corporate-led resistance to health care reform (see April 14, 2009, April 15, 2009, May 29, 2009, July 27, 2009, August 4, 2009, August 5, 2009, Before August 6, 2009, and August 6-7, 2009): “Insurance companies are out there in full force, carpet bombing, shock and awe against the public option. These are initiatives that are very important in this legislation, and they are to correct what the insurance companies have done to America and to the health of our people over the years.” Afterwards, Pelosi is equally blunt, telling reporters: “It is somewhat immoral what they are doing. Of course, they have been immoral all along how they have treated the people they insure. They are the villains in this. They have been part of the problem in a major way. The public has to know that.” (MSNBC 7/31/2009)

A screenshot from a Democratic National Committee ad highlighting phrases from the memo.A screenshot from a Democratic National Committee ad highlighting phrases from the memo. [Source: Weekly Standard]The conservative Web site and political action committee (PAC) Right Principles releases a memo entitled “Rocking the Town Halls: Best Practices,” written by Bob MacGuffie, a founder of the organization and a volunteer with the “Tea Party Patriots,” a subsidiary of the conservative lobbying group FreedomWorks (see April 14, 2009). (Fang 7/31/2009; Tea Party Patriots 8/6/2009) The organization is very small—basically MacGuffie and four friends—and although MacGuffie volunteers with the aforementioned tea party group, he insists he and his organization have no connections to the much larger and well-funded FreedomWorks or other lobbying organizations that support anti-health care protests. “We are recommending with that memo that other grassroots groups that share our view should go to the town halls of their members and use the strategy that we did,” MacGuffie says. “We are trying to get into that town halls to make them understand that they do not have the unanimous support from people in their communities.” (Beutler 8/3/2009) Although the site either never posts the memo or takes it down shortly after, it quickly circulates throughout the conservative community (see July 23, 2009), and will be used to disrupt “town hall” meetings by Democratic House members, who intend to spend time during the August recess holding such meetings to discuss the Obama administration’s health care proposals. (Right Principles 2009; Fang 7/31/2009) MacGuffie later claims to have first e-mailed the memo to “8-10 community activists” in June. (Ham 8/5/2009)
'Best Practices' - The memo advises conservative activists and protesters of the best ways to dominate and disrupt the town hall meetings. Basing the memo on actions conducted by Right Principles members and supporters during a May 2009 town hall meeting held by Congressman Jim Himes (D-CT), MacGuffie writes, “We believe there are some best practices which emerged from the event and our experience, which could be useful to activists in just about any district where their congressperson has supported the socialist agenda of the Democrat leadership in Washington.” Some of the steps include:
bullet Artificially inflating numbers. “Spread out in the hall and try to be in the front half. The objective is to put the rep on the defensive with your questions and follow-up. The rep should be made to feel that a majority, and if not, a significant portion of at least the audience, opposes the socialist agenda of Washington.”
bullet Being disruptive from the outset. “You need to rock the boat early in the rep’s presentation. Watch for an opportunity to yell out and challenge the rep’s statements early.” The memo also advises, “Don’t carry on and make a scene, just short, intermittent shout-outs.”
bullet Attempt to rattle or goad the speaker. “The goal is to rattle him, get him off his prepared script and agenda. If he says something outrageous, stand up and shout out and sit right back down. Look for these opportunities before he even takes questions.”
The memo also attaches some possible questions for the representatives, “which apply to most any Democrat that is supporting the socialist agenda,” it says. (Bob MacGuffie 7/2009 pdf file; Fang 7/31/2009) Progressive news and advocacy Web site Think Progress will note that the questions closely resemble talking points handed out in July by FreedomWorks. (Fang 7/31/2009) Liberal MSNBC host Rachel Maddow will accuse Right Principles of crafting a “how-to” manual for disruptive “rent-a-mob” activities. (Carpenter 8/6/2009) The conservative Weekly Standard will accuse “liberal media” outlets such as Think Progress and MSNBC of “manufacturing outrage” over the memo, and prints MacGuffie’s denials of having any connections to FreedomWorks. “There is no formal connection,” he says. “I don’t know anyone from FreedomWorks.” (Ham 8/5/2009)

Anti-reform protesters carry signs depicting Doggett with ‘devil horns’ and a sign featuring Nazi SS lettering.Anti-reform protesters carry signs depicting Doggett with ‘devil horns’ and a sign featuring Nazi SS lettering. [Source: Raw Story]Congressman Lloyd Doggett (D-TX) receives a hostile reception in a town hall meeting in an Austin grocery store. The meeting is to discuss the controversial Democratic health care reform proposal. The crowd is much larger than some had anticipated, and apparently packed with anti-health care reform protesters; anti-reform and anti-Obama signs are prominently displayed, including signs that read, “No Socialized Health Care.” Protesters also wave signs with Doggett depicted with devil horns, of a marble tombstone with Doggett’s name on it, and with slogans alleging Democrats are Nazis. When Doggett tells the crowd that he will support the reform plan even if his constituents oppose it, many in the crowd begin chanting “Just say no!” and, according to news reports, “overwhelm… the congressman as he move[s] through the crowd and into the parking lot.” One resident says of the meeting: “The folks there thought their voices weren’t being heard. They were angry, but they were respectful. There wasn’t any violence.” Another says, laughing: “He jumped in [his car] and fled. It was like he was tarred and feathered and ridden out of town on a rail. It was a beautiful thing.” Doggett later notes that because of the disruption, he is unable to engage in discussion with constituents who have other issues, including a father who wants his help in getting his son into a military academy. (Austin American-Statesman 8/3/2009; Herszenhorn and Stolberg 8/3/2009; Ambinder 8/4/2009)
Congressman: Protesters a 'Mob' - Doggett will later characterize the anti-reform protesters as a “mob.” In a statement, he says: “This mob, sent by the local Republican and Libertarian parties, did not come just to be heard, but to deny others the right to be heard. And this appears to be part of a coordinated, nationwide effort. What could be more appropriate for the ‘party of no’ than having its stalwarts drowning out the voices of their neighbors by screaming ‘just say no!‘… Their fanatical insistence on repealing Social Security and Medicare is not just about halting health care reform but rolling back 75 years of progress. I am more committed than ever to win approval of legislation to offer more individual choice to access affordable health care. An effective public plan is essential to achieve that goal.” (Thrush 8/3/2009; Hechtkopf 8/3/2009)
Coordinated by Local Republicans, Washington Lobbyist Firm, 'Tea Party' Group - The protest is coordinated by Heather Liggett, a local Republican Party operative, and by officials with the lobbying firm Americans for Prosperity (AFP), which has organized numerous anti-tax “tea party” demonstrations (see April 15, 2009 and May 29, 2009). Liggett confirms she is part of a national network of conservative organizers putting together anti-reform protests. Doggett says: “This is not a grassroots effort. This is a very coordinated effort where the local Republican Party, the local conservative meet-up groups sent people to my event.” Of the event itself, he says: “In Texas, not only with the weather but with the politics, it is pretty hardball around here. I have a pretty thick skin about all of this. But this really goes over the line.” And Jennifer Crider, a spokeswoman for the Democratic Congressional Campaign Committee (DCCC), adds: “Conservative activists don’t want to have a conversation. They want to disrupt.” (Herszenhorn and Stolberg 8/3/2009) Democratic National Committee (DNC) spokesman Brad Woodhouse says, “The right-wing extremists’ use of things like devil horns on pictures of our elected officials, hanging members of Congress in effigy, breathlessly questioning the president’s citizenship, and the use of Nazi SS symbols and the like just shows how outside of the mainstream the Republican Party and their allies are.” Another group with connections to the “tea party” movement, “Operation Embarrass Your Congressman,” helped organize the protest. It says on its Web site: “These arrogant, ignorant, and insolent [Congress members] have embarrassed America, trampled the Constitution, and ignored their constituents for far too long. Attend their townhall meetings during recess and press them with intelligent questions (unlike the mainstream media), asked in an intelligent manner to see if they are really in touch and on board with ‘the will of the people.’” (Hechtkopf 8/3/2009) After the meeting, FreedomWorks, a conservative lobbying organization that actively promotes disruptive behavior at Congressional town halls (see April 14, 2009), posts video from the meeting, and exhorts its members, “If you know of a town hall meeting your Congressman is having, be sure to show up, bring some friends, and them know what you think.” (FreedomWorks 8/3/2009)

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