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Context of 'January 6, 2005: Gonzales Expresses Little Respect for, or Understanding of, International Law'

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

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

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

Senate candidate Sharron Angle (R-NV), vying for the seat held by Harry Reid (D-NV), advocates armed insurrection to bring about conservative change in America, and implies that she is ready to use violence to defeat Reid in the race. Angle tells radio talk show host Lars Larson that she believes the US is ripe for an armed revolution, and if “this Congress keeps going the way it is,” Americans will implement “Second Amendment remedies.” The Second Amendment grants citizens the right to own firearms. Larson asks Angle where she stands on the Second Amendment, and she replies: “You know, our Founding Fathers, they put that Second Amendment in there for a good reason and that was for the people to protect themselves against a tyrannical government. And in fact Thomas Jefferson said it’s good for a country to have a revolution every 20 years. I hope that’s not where we’re going, but, you know, if this Congress keeps going the way it is, people are really looking toward those Second Amendment remedies and saying, ‘My goodness, what can we do to turn this country around?’ I’ll tell you the first thing we need to do is take Harry Reid out.” Larson later says that he believes Angle means exactly what she says, particularly about supporting armed insurrection against Congress. “If it continues to do the things it’s doing, I think she’s leaving open that possibility,” Larson will say. “And I think the founders believed that the public should be able to do that when the government becomes out of control. It just matters what you define as going too far.” [Washington Post, 6/15/2010] At least one other time during the primary, Angle publicly advocates that Reid be “take[n] out” with “Second Amendment remedies” (see June 16, 2010). After winning the Nevada Republican primary for the Senate, Angle will retract her remarks (see June 30, 2010).
Recently Left Hard-Right Independent American Party - Angle is a relatively recent convert to the Republican Party. For much of the 1990s, she belonged to the Independent American Party (IAP), a hard-right group that combines libertarianism—gun advocacy, tax repeal, and states’ rights—with Christian social conservatism and an avowed fear of what it calls the “North American Union,” a supposed union of Canada, Mexico, and the US. According to IAP members, Angle left the party in 1998 when she ran for the Nevada state assembly. IAP executive director Janine Hansen will tell a reporter: “It was because she wanted to run for office. And it was difficult for members of our party to get elected at that time. It was a strategic move on her part.” The IAP considers the Republican Party “corrupt and socialistic,” according to its Web site. IAP founder David Hansen drew national attention in 1992 by bringing a sign to a political rally that read, “If Guns Are Outlawed, How Can We Shoot the Liberals?” [TPMDC, 6/15/2010]
Supports Violent Militia - Angle is also a member of the Oath Keepers, a far-right group that enjoins its members—which include many soldiers and police officers—to refuse to follow orders they consider unconstitutional, and warns that the government intends to turn American cities into “giant concentration camps” (see March 9, 2009 and March 2010). The organization has been cited by the Southern Poverty Law Center (SPLC) as a violent militia group that is actively recruiting members for an upcoming armed revolt. Angle’s husband Ted Angle will say in June 2010 that while he is not sure whether he or his wife are full-fledged members, both of them stand firmly behind its principles. Oath Keepers founder Stewart Rhodes will later say that because neither Angle nor her husband are members of a uniformed service, they can only be associate members, and he is not sure whether Sharron Angle is a member. Rhodes will also deny that Oath Keepers is a militia. “We are an education outfit,” he will say. [TPMDC, 6/9/2010]

Entity Tags: Stewart Rhodes, Ted Angle, Sharron Angle, Lars Larson, David Hansen, Oath Keepers, Harry Reid, Janine Hansen, Independent American Party, Southern Poverty Law Center

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

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

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

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

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

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

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

Three of the Supreme Court justices in the majority decision: Antonin Scalia, John Roberts, and Anthony Kennedy.Three of the Supreme Court justices in the majority decision: Antonin Scalia, John Roberts, and Anthony Kennedy. [Source: Associated Press / Politico]The Supreme Court rules 5-4 that corporate spending in political elections may not be banned by the federal government. The case is Citizens United v. Federal Election Commission, No. 08-205. The Court is divided among ideological lines, with the five conservatives voting against the four moderates and liberals on the bench. The decision overrules two precedents about the First Amendment rights of corporations, and rules that corporate financial support for a party or candidate qualifies as “freedom of speech” (see March 11, 1957, January 30, 1976, May 11, 1976, April 26, 1978, January 8, 1980, November 28, 1984, December 15, 1986, June 26, 1996, June 25, 2007, and June 26, 2008). The majority rules that the government may not regulate “political speech,” while the dissenters hold that allowing corporate money to, in the New York Times’s words, “flood the political marketplace,” would corrupt the democratic process. The ramifications of the decision will be vast, say election specialists. [Legal Information Institute, 2010; CITIZENS UNITED v. FEDERAL ELECTION COMMISSION, 1/21/2010 pdf file; New York Times, 1/21/2010] In essence, the ruling overturns much of the Bipartisan Campaign Reform Act of 2002, commonly known as the McCain-Feingold law (BCRA—see March 27, 2002). The ruling leaves the 1907 ban on direct corporate contributions to federal candidates and national party committees intact (see 1907). The ban on corporate and union donors coordinating their efforts directly with political parties or candidates’ campaigns remains in place; they must maintain “independence.” Any corporation spending more than $10,000 a year on electioneering efforts must publicly disclose the names of individual contributors. And the ruling retains some disclosure and disclaimer requirements, particularly for ads airing within 30 days of a primary or 60 days of a general election. The Los Angeles Times writes: “The decision is probably the most sweeping and consequential handed down under Chief Justice John G. Roberts Jr. And the outcome may well have an immediate impact on this year’s mid-term elections to Congress.” [Los Angeles Times, 1/21/2010; OMB Watch, 1/27/2010; Christian Science Monitor, 2/2/2010; National Public Radio, 2012]
Unregulated Money Impacts Midterm Elections - The decision’s effects will be felt first on a national level in the 2010 midterm elections, when unregulated corporate spending will funnel millions of dollars from corporate donors into Congressional and other races. President Obama calls the decision “a major victory for big oil, Wall Street banks, health insurance companies, and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans.” Evan Tracey of the Campaign Media Analysis Group, which tracks political advertising, says the Court “took what had been a revolving door and took the door away altogether. There was something there that slowed the money down. Now it’s gone.” [Legal Information Institute, 2010; CITIZENS UNITED v. FEDERAL ELECTION COMMISSION, 1/21/2010 pdf file; New York Times, 1/21/2010; Los Angeles Times, 1/21/2010; Think Progress, 1/21/2010]
Broadening in Scope - According to reporter and author Jeffrey Toobin, CU lawyer Theodore Olson had originally wanted to present the case as narrowly as possible, to ensure a relatively painless victory that would not ask the Court to drastically revise campaign finance law. But according to Toobin, the conservative justices, and particularly Chief Justice Roberts, want to use the case as a means of overturning much if not all of McCain-Feingold (see May 14, 2012). In the original argument of the case in March 2009 (see March 15, 2009), Deputy Solicitor General Malcolm Stewart unwittingly changed the scope of the case in favor of a broader interpretation, and gave Roberts and the other conservative justices the opportunity they may have been seeking. [New Yorker, 5/21/2012]
Majority Opinion Grants Corporations Rights of Citizens - The majority opinion, written by Justice Anthony Kennedy, reads in part: “If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.… The First Amendment does not permit Congress to make these categorical distinctions based on the corporate identity of the speaker and the content of the political speech.” In essence, Kennedy’s ruling finds, corporations are citizens. The ruling overturns two precedents: 1990’s Austin v. Michigan Chamber of Commerce, which upheld restrictions on corporate spending to support or oppose political candidates (see March 27, 1990) in its entirety, and large portions of 2003’s McConnell v. Federal Election Commission (see December 10, 2003), which upheld a portion of the BCRA that restricted campaign spending by corporations and unions. Before today’s ruling, the BCRA banned the broadcast, cable, or satellite transmission of “electioneering communications” paid for by corporations or labor unions from their general funds in the 30 days before a presidential primary and in the 60 days before the general elections. The law was restricted in 2007 by a Court decision to apply only to communications “susceptible to no reasonable interpretation other than as an appeal to vote for or against a specific candidate” (see June 25, 2007).
Encroachment on Protected Free Speech - Eight of the nine justices agree that Congress can require corporations to disclose their spending and to run disclaimers with their advertisements; Justice Clarence Thomas is the only dissenter on this point. Kennedy writes, “Disclosure permits citizens and shareholders to react to the speech of corporate entities in a proper way.” Kennedy’s opinion states that if the restrictions remain in place, Congress could construe them to suppress political speech in newspapers, on television news programs, in books, and on the Internet. Kennedy writes: “When government seeks to use its full power, including the criminal law, to command where a person may get his or her information or what distrusted source he or she may not hear, it uses censorship to control thought. This is unlawful. The First Amendment confirms the freedom to think for ourselves.”
Fiery Dissent - Justice John Paul Stevens, the oldest member of the court, submits a fiery 90-page dissent that is joined by Justices Stephen Breyer, Ruth Bader Ginsburg, and Sonia Sotomayor. Kennedy is joined by Roberts and fellow Associate Justices Samuel Alito, Antonin Scalia, and Thomas, though Roberts and Alito submit a concurring opinion instead of signing on with Kennedy, Scalia, and Thomas. “The difference between selling a vote and selling access is a matter of degree, not kind,” Stevens writes in his dissent. “And selling access is not qualitatively different from giving special preference to those who spent money on one’s behalf.” Stevens writes that the Court has long recognized the First Amendment rights of corporations, but the restrictions struck down by the decision are moderate and fair. “At bottom, the Court’s opinion is thus a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self government since the founding, and who have fought against the distinctive corrupting potential of corporate electioneering since the days of Theodore Roosevelt. It is a strange time to repudiate that common sense. While American democracy is imperfect, few outside the majority of this Court would have thought its flaws included a dearth of corporate money in politics.” Speaking from the bench, Stevens calls the ruling “a radical change in the law… that dramatically enhances the role of corporations and unions—and the narrow interests they represent—in determining who will hold public office.… Corporations are not human beings. They can’t vote and can’t run for office,” and should be restricted under election law. “Essentially, five justices were unhappy with the limited nature of the case before us, so they changed the case to give themselves an opportunity to change the law.”
Case Originated with 2008 Political Documentary - The case originated in a 2008 documentary by the right-wing advocacy group Citizens United (CU), called Hillary: The Movie (see January 10-16, 2008). The film, a caustic attack on then-Democratic presidential candidate Hillary Clinton (D-NY) and Democrats in general, was released for public viewing during the 2008 Democratic presidential primaries. When the Federal Election Commission (FEC) won a lawsuit against CU, based on the FEC’s contention that broadcasting the film violated McCain-Feingold, the group abandoned plans to release the film on a cable video-on-demand service and to broadcast television advertisements for it. CU appealed the ruling to the Supreme Court, and most observers believed the Court would decide the case on narrow grounds, not use the case to rewrite election law and First Amendment coverage. [Legal Information Institute, 2010; CITIZENS UNITED v. FEDERAL ELECTION COMMISSION, 1/21/2010 pdf file; New York Times, 1/21/2010; Los Angeles Times, 1/21/2010; Think Progress, 1/21/2010; Associated Press, 1/21/2010; Christian Science Monitor, 2/2/2010]
Case Brought in Order to Attack Campaign Finance Law - Critics have said 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, an opponent of the decision, says: “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.” CU head David Bossie confirms this contention, saying after the decision: “We have been trying to defend our First Amendment rights for many, many years. We brought the case hoping that this would happen… to defeat McCain-Feingold.” [Washington Post, 1/22/2010]

Entity Tags: US Supreme Court, Theodore (“Ted”) Olson, Sonia Sotomayor, Clarence Thomas, Anthony Kennedy, Antonin Scalia, Citizens United, Bipartisan Campaign Reform Act of 2002, Barack Obama, Samuel Alito, Ruth Bader Ginsburg, Stephen Breyer, New York Times, Nick Nyhart, Evan Tracey, David Bossie, Hillary Clinton, Jeffrey Toobin, Federal Election Commission, John Paul Stevens, Malcolm Stewart, John G. Roberts, Jr, Los Angeles Times

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

In his weekly radio and Internet address, President Obama denounces the recent Citizens United Supreme Court ruling that lets corporations and labor unions spend unlimited amounts on political campaign activities (see January 21, 2010). “This ruling strikes at our democracy itself,” he says. “I can’t think of anything more devastating to the public interest. The last thing we need to do is hand more influence to the lobbyists in Washington, or more power to the special interests to tip the outcome of elections.… This ruling opens the floodgates for an unlimited amount of special interest money into our democracy. It gives the special interest lobbyists new leverage to spend millions on advertising to persuade elected officials to vote their way—or to punish those who don’t.… The last thing we need to do is hand more influence to the lobbyists in Washington or more power to the special interests to tip the outcome of elections.” The decision, Obama says, will make it harder to enact financial reform, close tax loopholes, promote energy independence, and protect patients from health insurance abuses. “We don’t need to give any more voice to the powerful interests that already drown out the voices of everyday Americans,” Obama says. “And we don’t intend to.” He says he is asking Congress to work with the White House to “fight for the American people” and develop a “forceful bipartisan response” to the decision. “It will be a priority for us until we repair the damage that has been done.” Norm Eisen, Obama’s special counsel for ethics and government reform, has already met with Democratic Congressional leaders Senator Charles Schumer (D-NY) and Representative Chris Van Hollen (D-MD) to begin talks on how Congress might respond. [New York Times, 1/24/2010; Associated Press, 1/25/2010]

Entity Tags: Charles Schumer, Barack Obama, Norm Eisen, US Supreme Court, Chris Van Hollen

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

During a conference at Georgetown University Law Center, former Supreme Court Justice Sandra Day O’Connor is “obliquely” critical of the recent Citizens United decision allowing corporations and labor unions to fund political activities without spending limits (see January 21, 2010), in the words of New York Times reporter Adam Liptak. Liptak describes O’Connor as “not sound[ing] happy” about the decision, but notes that instead of giving a pointed critique of the ruling, she advises her audience to see the McConnell decision she co-wrote banning corporate spending in political campaigns (see December 10, 2003)). Of the current Court’s ruling, she says, “Gosh, I step away for a couple of years and there’s no telling what’s going to happen.” Since her retirement from the Court, she has become a vocal advocate for doing away with judicial elections in the states; she says that the Citizens United ruling will likely create “an increasing problem for maintaining an independent judiciary.… In invalidating some of the existing checks on campaign spending, the majority in Citizens United has signaled that the problem of campaign contributions in judicial elections might get considerably worse and quite soon.” She says that with the combination of unlimited corporate and union spending, and the practice of electing state judges, “We can anticipate that labor unions and trial lawyers, for instance, might have the financial means to win one particular state judicial election. And maybe tobacco firms and energy companies have enough to win the next one. And if both sides unleash their campaign spending monies without restrictions, then I think mutually-assured destruction is the most likely outcome.” [New York Times, 1/26/2012] Days after the Times reports on O’Connor’s remarks, Times editorial writer Dorothy Samuels will agree, writing that “[t]he Citizens United ruling promises to make that problem worse, possibly much worse.” The title of her editorial is “Hanging a ‘For Sale’ Sign Over the Judiciary.” [New York Times, 1/29/2012]

Entity Tags: Dorothy Samuels, Adam Liptak, Sandra Day O’Connor, US Supreme Court

Timeline Tags: Civil Liberties

Supreme Court Justice Samuel Alito listens to President Obama’s State of the Union address.Supreme Court Justice Samuel Alito listens to President Obama’s State of the Union address. [Source: Renovo Media]President Obama sharply criticizes the recent Citizens United decision by the Supreme Court, giving corporations and unions the right to give unlimited and anonymous donations to organizations supporting or opposing political candidates (see January 21, 2010), during the annual State of the Union address. Obama gives the address to a joint session of Congress, with three Supreme Court members in attendance. “With all due deference to the separation of powers,” Obama says, “last week, the Supreme Court reversed a century of law that I believe will open the floodgates for special interests—including foreign corporations—to spend without limit in our elections. I don’t think American elections should be bankrolled by America’s most powerful interests or, worse, by foreign entities. They should be decided by the American people. And I urge Democrats and Republicans to pass a bill that helps correct some of these problems.” Democrats in the chamber applaud Obama’s remarks, while Republicans do not. In his response, Justice Samuel Alito, one of the five conservatives on the Court who joined in the majority decision, shakes his head and mouths, “Not true, not true” (some lip readers will later claim that Alito says, “That’s not true”). It is highly unusual for a president to so directly criticize a Supreme Court ruling, especially in a State of the Union address. The next day, Vice President Joe Biden defends Obama’s remarks in an appearance on Good Morning America. Biden says: “The president didn’t question the integrity of the court. He questioned the judgment of it. I think [the ruling] was dead wrong and we have to correct it.” Supreme Court expert Lucas A. Powe says, “I can’t ever recall a president taking a swipe at the Supreme Court like that.” Experts say that the closest precedent they can find is President Franklin Roosevelt’s 1937 criticism of the Court in his address to Congress. Yale law professor Jack Balkin says, “The important thing to me is that the president thinks the Citizens United decision is important enough that he would include it.” Reactions are split along ideological lines. Senator Orrin Hatch (R-UT) calls Obama “rude” to criticize the Court’s verdict. Senator Russ Feingold (D-WI) calls Alito’s reaction “inappropriate.” Legal expert Barbara A. Perry of Sweet Briar College says both Obama and Alito were in the wrong, calling the interaction “an unfortunate display for both branches.” White House deputy press secretary Bill Burton says: “One of the great things about our democracy is that powerful members of the government at high levels can disagree in public and in private. This is one of those cases.” Alito refuses to comment. Alito and Obama have a contentious history. As a senator, Obama was one of the most outspoken voices against Alito’s confirmation as a Supreme Court justice (see October 31, 2005 - February 1, 2006), saying then of Alito, “[W]hen you look at his record—when it comes to his understanding of the Constitution, I have found that in almost every case, he consistently sides on behalf of the powerful against the powerless; on behalf of a strong government or corporation against upholding American’s individual rights.” For his part, Alito snubbed the formal visit paid by Obama and Biden to the Court. [New York Daily News, 1/28/2010; Washington Post, 1/28/2010] Months later, Obama’s warning will be proven to be correct, as a media investigation will show the US Chamber of Commerce using foreign monies to fund attack ads and other political activities under the cloak of the Citizens United decision (see October 2010).

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

Timeline Tags: Civil Liberties

In an unsigned editorial, the Wall Street Journal lambasts President Obama for his recent comments that warned the Citizens United decision (see January 21, 2010) could open the door for foreign corporations to contribute money for use in American elections (see January 27-29, 2010). “[C]ould a graduate of Harvard Law School at least get his facts right?” the editorial asks. The Journal accuses Obama of reciting a number of falsehoods in his comments on the decision, and accuses him of using the term “foreign” in “a conscious attempt to inflame public and Congressional opinion against the Court. Coming from a president who fancies himself a citizen of the world, and who has gone so far as [to] foreswear American exceptionalism, this leap into talk-show nativism is certainly illuminating. What will they think of that one in the cafes of Berlin?” [Wall Street Journal, 1/29/2010] The day before the editorial, the liberal media watchdog organization Media Matters noted that Obama’s concerns were echoed by the four dissenting Supreme Court Justices in the decision, as well as by a number of legal experts (see January 27-28, 2010).

Entity Tags: Wall Street Journal, Media Matters, Barack Obama

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives

In a highly unusual action for a sitting Supreme Court Justice, Justice Clarence Thomas strongly defends the Court’s recent Citizens United ruling that allows unlimited corporate and union funding of campaign activities (see January 21, 2010). He makes his remarks at the Stetson University College of Law in Gulfport, Florida. Thomas was part of the 5-4 majority that ruled on the case. He also says that he refused to attend the recent State of the Union address by President Obama, where fellow Justice Samuel Alito apparently contradicted Obama’s critical characterization of the ruling (see January 27-29, 2010), because under Obama, these addresses have become “partisan,” stating: “I don’t go because it has become so partisan and it’s very uncomfortable for a judge to sit there… there’s a lot that you don’t hear on TV—the catcalls, the whooping and hollering and under-the-breath comments (see September 9, 2009). One of the consequences is now the Court becomes part of the conversation, if you want to call it that, in the speeches. It’s just an example of why I don’t go.” Thomas mocks media criticisms of the ruling, saying: “I found it fascinating that the people who were editorializing against it were The New York Times Company and The Washington Post Company. These are corporations.” It is a mistake, Thomas says, to consider regulation of corporations’ campaign activities as “some sort of beatific action,” and he cites the 1907 Tillman Act, the first federal legislation banning corporate contributions to federal candidates (see 1907), as being sparked by racism, saying: “Go back and read why [Senator Benjamin] Tillman introduced that legislation. Tillman was from South Carolina, and as I hear the story he was concerned that the corporations, Republican corporations, were favorable toward blacks and he felt that there was a need to regulate them.” Thomas says the underpinning of the decision was the First Amendment’s protection of speech regardless of how people choose to assemble to participate in the political process. “If 10 of you got together and decided to speak, just as a group, you’d say you have First Amendment rights to speak and the First Amendment right of association,” he says. “If you all then formed a partnership to speak, you’d say we still have that First Amendment right to speak and of association. But what if you put yourself in a corporate form?” The answer would be the same, Thomas says. [New York Times, 2/3/2010]

Entity Tags: New York Times, Barack Obama, Clarence Thomas, Tillman Act, US Supreme Court, Washington Post, Samuel Alito

Timeline Tags: Civil Liberties

Some “tea party” leaders express their dislike of the Supreme Court’s recent Citizens United decision allowing unlimited corporate spending in elections (see January 21, 2010), a position that puts them at odds with the Republican Party and mainstream US conservatism. Hours after the decision was handed down, Republican National Committee chair Michael Steele hailed it as “an important step in the direction of restoring the First Amendment rights” of corporations (see January 21, 2010, January 22, 2010, and February 2, 2010), but some tea partiers see the decision much differently. Texas tea party activist Shane Brooks says in an email to Talking Points Memo reporter Zachary Roth: “This decision basically gives the multinational corporations owned by foreign entities [the right] to pour unlimited funds into the pockets of corrupt corporate backed politicians to attack everything this country stands for. We might as well be able to vote for Disney or the SEIU as president of the United States of America.” Nashville Tea Party official Kevin Smith recently wrote that the ruling “puts corporations in a position to crowd out smaller competition and buy politicians from the local sheriff to the president himself.” Dale Robertson, the leader of TeaParty.org, said after the decision: “It just allows them to feed the machine. Corporations are not like people. Corporations exist forever, people don’t. Our founding fathers never wanted them; these behemoth organizations that never die, so they can collect an insurmountable amount of profit. It puts the people at a tremendous disadvantage.” Sacramento tea party activist Jim Knapp tells Roth: “Most of the anger by tea party supporters is directed at the effects of special interest money.… I believe that campaign finance reform is the most important political issue facing America. I would even go so far as to say that this issue is even more important that our current financial crisis and jobs. Everything in American politics is affected by special interest money. From who controls our monetary policies in treasury and the Fed to regulation of Wall Street. I would also venture to say that it was special interest money which precipitated the current economic crisis.” Everett Wilkinson, the leader of a Florida tea party group, tells Roth that his group has “mixed feelings” about the ruling. On the one hand, he says, “getting corporations more involved with politics could be a detrimental thing.” The ruling also upholds free speech, he counters. FreedomWorks, the lobbying organization that helped found the tea party movement, and officials of the Tea Party Patriots refuse to speak to the issue with Roth. The reporter writes: “[T]heir opposition to the Court’s ruling on behalf of corporations hints at an ideological split between the movement and the GOP that has long existed under the surface. Tea Partiers—especially the rank-and-file activists, as opposed to the movement leaders—often embrace a more populist, anti-corporate position than does the Republican Party, or the conservative movement that under-girds it. This difference underlies much of the tension we’re increasingly seeing between Tea Partiers and the GOP.” [TPM Muckraker, 2/3/2010]

Entity Tags: Kevin Smith, Dale Robertson, Everett Wilkinson, Jim Knapp, Republican Party, US Supreme Court, Michael Steele, Zachary Roth, FreedomWorks, Shane Brooks

Timeline Tags: Civil Liberties

Legatus logo.Legatus logo. [Source: ProLife Dallas (.org)]Former President George W. Bush is honored by Legatus, a Florida-based Catholic group for business and civic leaders, for his opposition to reproductive rights during his presidency. Bush receives the “Cardinal John J. O’Connor Pro-Life Award,” named for the famously anti-abortion Catholic leader. The organization notes Bush’s opposition to stem-cell research, his executive order banning the use of federal funds for abortions (see November 5, 2003), his appointment of anti-abortion advocates to the Supreme Court (see October 31, 2005 - February 1, 2006 and September 29, 2005), and his designation of January 18, 2009 as “National Sanctity of Human Life Day.” The award is given at a private meeting in Dana Point, California. The event is only open to members of Legatus and their guests, and the registration fee is $1,475 per person. A Legatus official tells a reporter: “His appearance is going to be a private appearance on behalf of our organization. He will be delivering remarks for us and all of that will be a private presentation.” Event chairperson Kathleen Eaton says: “I’ve been speaking to a number of Legatus chapters about the summit, and people are really excited. It’s been a rough year on a number of fronts and they really need this shot in the arm. They want to come together to pray and learn more about what the church is saying on different issues.” Local pro-choice and peace groups mount a protest; one organizer, Sharon Tipton, tells a reporter: “Over one million Iraqi people have been killed, mostly women and children. Bush is responsible for over 5 million new orphans, and we just found out that Bush is receiving a pro-life award? This is outrageous!” [Catholic News Agency, 1/8/2010; Orange County Weekly, 2/3/2010]

Entity Tags: Sharon Tipton, Legatus, George W. Bush, Kathleen Eaton

Timeline Tags: US Health Care

Senator Charles Schumer (D-NY) and Representative Chris Van Hollen (D-MD) are introducing legislation that would undo the recent Citizens United Supreme Court decision that allows corporations and labor unions to spend unlimited amounts on political advertising (see January 21, 2010). The proposed legislation is a “patchwork,” in the New York Times’s phrasing, “of spending restrictions and disclosure requirements—many based in current laws. The measure would greatly expand the scope of an existing ban on political commercials paid for by foreign corporations, ban political commercials paid for by government contractors or recipients of bailout money, and force corporations and unions to make public details of what they spend directly or through advocacy groups.” Schumer and Van Hollen say they want the legislation enacted in time for it to constrain spending in the November 2010 midterm elections. “Otherwise the court will have predetermined the winner of the midterm elections,” Schumer says. “It won’t be the Republicans or the Democrats. It will be corporate America.” At least one Republican senator would have to vote to allow the bill to come up for a vote, and as of yet, it is unclear than any Republican senator will do so. Schumer and Van Hollen say they crafted the legislation to remain in line with Citizens United, providing firmer constitutional ground for the spending restrictions and disclosure requirements in the bills. The Times explains, “The Court has frowned on speech restrictions aimed at specific speakers and leaned toward disclosure as a constitutionally permissible response to fears of corruption or undo influence.” The proposed legislation would not ban corporate or labor union spending outright, but would ban spending by any domestic domestic corporation with at least 20 percent foreign ownership, any corporation whose board included a majority of foreigners, or any corporation where executive control belonged to a foreign company or government. The disclosure requirements are broader—if a corporation paid for a political ad, the legislation would require that corporation’s CEO to appear at the end of the ad to take responsibility for the message. For advocacy group ads, the biggest donor would be required to appear, and the five biggest corporate contributors would be named in the ad. The legislation would also force corporations and interest groups to set up political spending accounts and file reports of their activities. [New York Times, 2/11/2010] A Times editorial appearing six days after the initial press reports lauds the legislation as “a sensible” if “partial” response to the Citizens United decision. The Times will state: “The Schumer-Van Hollen bill is expected to be introduced later this month. Congressional leaders should put it on a fast track so it can be in place in time for this year’s midterm elections. It could help keep special interest money in check until the real solution comes: a Supreme Court ruling reversing the deeply antidemocratic Citizens United decision.” [New York Times, 2/17/2010]

Entity Tags: Charles Schumer, US Supreme Court, Chris Van Hollen, New York Times

Timeline Tags: Civil Liberties

Richard Mack speaks to a tea party rally in Post Falls, Idaho, in November 2009.Richard Mack speaks to a tea party rally in Post Falls, Idaho, in November 2009. [Source: Rajah Bose / New York Times]The New York Times publishes a large front-page story on America’s “tea party” movement. The report is written by staff reporter David Barstow, who researched the story for five months, first joining a bus tour by the Tea Party Express (see August 28, 2009) and then staying for the month of October in and around Spokane, Washington, to interview tea party members and others, such as white supremacist militia members, who have some affiliation with tea party organizations. The first person he mentions is a retiree named Pam Stout, who once worked for federal housing programs and is now aghast at the government’s handling of the economic crisis. She told Barstow that one day “she awoke to see Washington as a threat, a place where crisis is manipulated—even manufactured—by both parties to grab power.” She went to a tea party rally, then a meeting of the Sandpoint Tea Party Patriots, where she surprised herself by nominating herself for president. Under her leadership, the Sandpoint group joined a coalition, Friends for Liberty, that includes representatives from Glenn Beck’s 9/12 Project (see March 13, 2009 and After), the extremist, anti-Communist John Birch Society (JBS—see March 10, 1961 and December 2011), and the Oath Keepers (see March 9, 2009 and March 2010), a far-right militia organization. Stout told Barstow that her family worries that she has become enmeshed in a group of conspiracy theorists and ad hoc revolutionaries, but she said she has never felt more engaged. [New York Times, 2/15/2010; Columbia Journalism Review, 2/18/2010]
Increasing Tilt towards Anti-Government Militia Ideology - Barstow writes that many tea party members are like Stout, with an inclination to conservative anti-government politics, but also with a fear of eventual government tyranny that has driven them to join the movement. “These people are part of a significant undercurrent within the tea party movement that has less in common with the Republican Party than with the Patriot movement,” he writes, “a brand of politics historically associated with libertarians, militia groups, anti-immigration advocates, and those who argue for the abolition of the Federal Reserve. Urged on by conservative commentators, waves of newly minted activists are turning to once-obscure books and Web sites and discovering a set of ideas long dismissed as the preserve of conspiracy theorists, interviews conducted across the country over several months show.” Many tea partiers hold former President Bush and President Obama in equal contempt, holding them jointly responsible for deliberately undermining the Constitution and the free market system “for the benefit of a shadowy international network of wealthy elites” (see February 4-8, 2010). Coalition groups like Friends of Liberty are “forming hybrid entities of tea parties and groups rooted in the Patriot ethos. A fear of government tyranny is one of the most common ideological threads running through virtually all tea party organizations.”
Targeting Republicans as Well as Democrats - Barstow continues: “These coalitions are not content with simply making the Republican Party more conservative. They have a larger goal—a political reordering that would drastically shrink the federal government and sweep away not just Mr. Obama, but much of the Republican establishment, starting with Senator John McCain” and other Republicans whom they consider part of the “government conspiracy” to destroy democracy. While tea parties routinely target Democrats in elections, they are also targeting more moderate Republicans, especially those who support ideas or legislation that they feel is part of the “conspiracy.” Republicans who supported the government bailouts of large corporations are being targeted, as are those who support global warming legislation or who have shown any impetus to work with the White House or with Congressional Democrats (see January 29, 2010). Barstow notes that the tea party movement is anything but homogenous and rigidly organized: “It is an amorphous, factionalized uprising with no clear leadership and no centralized structure.” Some groups are “essentially appendages of the local Republican Party,” but many are not. However, many of the beliefs espoused by individual tea partiers tend to be reflected in most groups. Not all believe that Obama wants to impose a dictatorship, with or without McCain’s help, but many do. The frustration expressed by Stout in the economy and the government’s response to it is echoed throughout tea party groups in every state.
Turning to Radical Ideologies and Conspiracy Theorists - One of the tea partiers’ favorite thinkers is Fox News talk show host Glenn Beck (see March 29, 2009). Beck’s often-revisionist, often-inaccurate opinions led many tea partiers to read the Federalist Papers (or, more often, right-wing blogs about the Federalist Papers), conspiracist “exposes” of the Federal Reserve, and the novels of Ayn Rand and George Orwell. Online resources tailored for tea party organizations provide a wealth of what Barstow calls “radical critiques of Washington.” Two of the primary sites are ResistNet.com and InfoWars, both of which combine far-right ideology with a plethora of conspiracy theories covering everything from 9/11 and the Federal Reserve to the New World Order (see September 11, 1990). Some tea partiers are joining with militia groups, or forming their own, and making stockpiles of food, gold, and weaponry to prepare for the end of civilization. Many tea party leaders say they believe that a return to a strict adherence to constitutional law would solve most of the nation’s problems, but many of them espouse a radical view of the Constitution, such as that delineated by radical Constitutional revisionist W. Cleon Skousen (first popularized among the tea party community by Beck—see 1963). Many want to completely do away with Social Security, Medicare, Medicaid, the federal income tax, and most government agencies, all of which they say violate the Constitution. Some go even farther, advocating secession, states “nullfying” federal laws, and the formation of citizen militias. The tea parties in the Pacific Northwest, Barstow writes, have been shaped by influences such as libertarian Representative Ron Paul (R-TX) and by the sometimes-violent anti-government activism of northern Idaho (see Early 1970s, 1980-1982, 1983-1995, and February 15, 1995). The 1992 standoff at Ruby Ridge (see August 31, 1992), which occurred in nearby Idaho, is a touchstone for many tea partiers, just as it was for Oklahoma City bomber Timothy McVeigh (see August 21-31, 1992). Many, but not all, tea party members and groups embrace the “birther” conspiracy theory that Obama is not a natural American citizen. A favorite news blog, WorldNetDaily, routinely electrifies the movement by warning of new White House plans to build massive internment camps and stuff them with tea party members, or of plans to send waves of United Nations troops throughout the nation to confiscate Americans’ guns. ResistNet regularly warns that Obama is trying to convert Interpol, the international police organization, into his own personal police force, and advises tea partiers to “grab their guns.” Tea partiers like Mary Johnson of New Mexico points to the Bush-era wiretapping scandal as proof that the government can, and is, preparing to bring democracy to an end. As the groups’ fear and contempt for the federal government grows, Barstow writes, they turn more frequently to “fringe” groups such as white supremacist, anti-government militias. In Indiana, a militia coalition called Defenders of Liberty is networking with tea party groups and other “Patriot” organizations throughout the state. Darin Stevens, the leader of the Spokane 9/12 project, told Barstow that before tuning in to Beck’s show, he had paid almost no attention to politics. After the recession hit and his personal financial structure started to collapse, he began watching Beck. “I had no clue that my country was being taken from me,” he explains. He began the Spokane chapter of Beck’s 9/12 project, and was astounded that 110 people attended the first meeting. Stevens now belongs to the Oath Keepers as well as the 9/12 Project. Spokane tea partier Leah Southwell became a convert after stumbling on Paul’s speeches on YouTube. Southwell turned from being a successful Mary Kay makeup sales representative to being a self-described member of “the uprising.” Southwell, through Paul, is now fully supportive of the Patriot ideology, and holds as evident truth a number of conspiracy theories involving the Bilderberg Group, the Trilateral Commission, and the Council on Foreign Relations. “The more you know, the madder you are,” she told Barstow. “I mean when you finally learn what the Federal Reserve is!” Southwell is now a local official with the John Birch Society. She says that the affiliation between organizations like the JBS and the tea parties will continue to grow: “Most of these people [tea partiers] are just waking up.” Former car salesman Richard Mack, a longtime militia supporter who co-wrote Ruby Ridge survivor Randy Weaver’s memoirs, is a favorite speaker at tea party events. “People just do not trust any of this,” Mack told Barstow. “It’s not just the fringe people anymore. These are just ordinary people—teachers, bankers, housewives.”
Amorphous Structure - Local tea party groups often join, in one degree or another, one of several competing national tea party organizations such as ResistNet or the Tea Party Express, most of which are organized, staffed, and funded by conservative lobbying groups such as FreedomWorks (see February 16-17, 2009, February 19, 2009 and After, February 27, 2009, March 2, 2009, March 13, 2009 and After, April 14, 2009, and April 15, 2009) or Americans for Prosperity (see Late 2004, February 16-17, 2009, February 19, 2009 and After, and April 2009 and After). Some tea party groups have been joined by, or in some cases overrun by, other groups, from “birthers” to militias, supporters of Lyndon LaRouche, pro-gun groups, and the sovereign states movement. Many coalitions such as Friends of Liberty were formed in opposition to what leaders called the endless “hijack attempts” by state and county Republican Parties. Dann Selle of the Official Tea Party of Spokane told Barstow, “We had to stand our ground, I’ll be blunt.”
Support from Elected Politicians - Rick Perry, the governor of Texas and a possible 2012 Republican candidate for president, has joined with Texas tea parties in supporting the state’s secession from the United States. Nevada Republican Joe Heck, who ran for Congress in 2008, attacked both parties for moving the nation towards “socialist tyranny” and solicited tea party support at a rally in Las Vegas. Indiana Republican Richard Behney, running for the US Senate, told tea party supporters that if the 2010 elections did not turn out to his liking: “I’m cleaning my guns and getting ready for the big show. And I’m serious about that, and I bet you are, too.” [New York Times, 2/15/2010]

Entity Tags: ResistNet, Richard Behney, Richard Mack, Republican Party, Ron Paul, US Federal Reserve, Tea Party Express, WorldNetDaily, Sandpoint Tea Party Patriots, W. Cleon Skousen, Timothy James McVeigh, Pam Stout, Oath Keepers, New York Times, Mary Johnson, Defenders of Liberty, 9/12 Project, Americans for Prosperity, Barack Obama, Dann Selle, Fox News, FreedomWorks, Friends for Liberty, Glenn Beck, Leah Southwell, John McCain, Darin Stevens, John Birch Society, James Richard (“Rick”) Perry, InfoWars, Joe Heck, David Barstow

Timeline Tags: Domestic Propaganda

Campaign finance lawyers tell the New York Times that a loophole in the recent Citizens United Supreme Court decision, a decision that allows corporations and labor unions to spend unlimited amounts on political advertising (see January 21, 2010), could allow corporations and unions to make their donations anonymously and avoid the disclosure requirements that the Citizens United ruling left in place. Two earlier Court decisions, the 1986 Federal Election Commission v. Massachusetts Citizens for Life (see December 15, 1986) and the 2007 Wisconsin Right to Life rulings (see June 25, 2007), could be used in tandem with the Citizens United decision to make it possible for corporations and unions to donate anonymously to trade organizations and other nonprofit entities. Those entities could then use the money to finance political advertisements. Those nonprofit groups, usually called 501(c) groups after the applicable portion of the IRS tax code, had been allowed to finance so-called “electioneering communications” long before the Citizens United decision, but until now, corporations have not been allowed to spend unlimited amounts of money advocating for a candidate’s election or defeat. Nor could they donate money to nonprofit groups that engage in “electioneering communications.” The 1986 decision gave some nonprofit organizations the right to advertise for or against political candidates, but banned corporations and unions from giving money to those groups. The Citizens United decision overturned that ban. And the 2006 ruling allowed corporations to spend money on “electioneering communications.” Now, experts like corporate lawyer Kenneth A. Gross, a former associate general counsel for the Federal Election Commission (FEC), believe that corporations will donate heavily and anonymously to those “third party” groups to buy political advertising. “Clearly, that’s where the action’s going to be,” Gross says. Corporations that spend money directly on political advertising still have to identify themselves in the ads, Gross says, and report their donors. Many corporations do not want to identify themselves in such advertisements. The nonprofit groups are an attractive alternative to public disclosure, Gross says. Congressional Democrats call the loophole dangerous, and have proposed legislation that would require nonprofit groups to disclose their donors for political advertising (see February 11, 2010). The Times states, “It is impossible to know whether corporations or unions are taking advantage of the new freedom to funnel pro- or anti-candidate money through nonprofit organizations.” [New York Times, 2/27/2010]

Entity Tags: New York Times, US Supreme Court, Kenneth A. Gross

Timeline Tags: Civil Liberties

Logo of the Southern Poverty Law Center, an organization that tracks the activities of so-called ‘hate groups’ around the US.Logo of the Southern Poverty Law Center, an organization that tracks the activities of so-called ‘hate groups’ around the US. [Source: GuideStar]The number of extremist militia and “patriot” groups has expanded dramatically since the election of President Obama, according to a report issued by the Southern Poverty Law Center (SPLC), a nonprofit organization that tracks “hate groups” and other, similar organizations. The number has expanded from 149 in 2008 to 512 in 2009—a 244 percent increase. “That is a lot of change in a short period of time,” says SPLC research director Heidi Beirich. The SPLC report says the number has “exploded in 2009 as militias and other groups steeped in wild, antigovernment conspiracy theories exploited populist anger across the country and infiltrated the mainstream.” While many of these groups do not espouse violence and are not considered a direct threat to government officials, government property, or citizens, some of them do advocate violent strikes against government organizations and/or “liberal” groups or individuals. The number dwindled during the eight years of the Bush presidency, the SPLC reports, but since the election of a black, Democratic president, along with a poorly performing economy and a female speaker of the House, Nancy Pelosi (D-CA), as catalyzing factors, the number has increased, and continues to grow. “The country is becoming more diverse,” Beirich says. “Some people find it hard to handle.… These are extreme stressors for people.” Chip Berlet, an analyst for Political Research Associates, writes: “We are in the midst of one of the most significant right-wing populist rebellions in United States history. We see around us a series of overlapping social and political movements populated by people [who are] angry, resentful, and full of anxiety. They are raging against the machinery of the federal bureaucracy and liberal government programs and policies including health care, reform of immigration and labor laws, abortion, and gay marriage.” The SPLC tracked 42 armed and potentially violent militias in 2008; that number has grown by over 300 percent, to 127, since then. The SPLC writes: “Patriot groups have been fueled by anger over the changing demographics of the country, the soaring public debt, the troubled economy, and an array of initiatives by President Obama and the Democrats that have been branded ‘socialist’ or even ‘fascist’ by his political opponents (see August 1, 2008 and After, October 10, 2008, October 27, 2008, January 2009, March 4-6, 2009, March 17, 2009, March 25, 2009, March 29, 2009, April 1-2, 2009, April 3-7, 2009, April 9-22, 2009, May 13, 2009, May 28, 2009, July 24, 2009, Late July, 2009, August 10, 2009, August 11, 2009, August 18, 2009, September 1, 2009, September 12, 2009, September 17, 2009, November 5, 2009, January 27, 2010, May 7, 2010, May 19, 2010, May 25, 2010, July 3-4, 2010, September 13, 2010, September 18, 2010, September 21, 2010, September 29, 2010, September 29, 2010, October 3, 2010, October 14, 2010, October 26, 2010, November 16, 2010, and April 27, 2011). Report editor Mark Potok says: “This extraordinary growth is a cause for grave concern. The people associated with the Patriot movement during its 1990s heyday produced an enormous amount of violence, most dramatically the Oklahoma City bombing that left 168 people dead” (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Moreover, the report finds, the “patriot” movement has made common cause with the “tea party” political movement, and the two are becoming more and more entwined. The report finds, “The ‘tea parties’ and similar groups that have sprung up in recent months cannot fairly be considered extremist groups, but they are shot through with rich veins of radical ideas, conspiracy theories, and racism.” The “patriot” movement’s central ideas are being promoted by national figures, such as Fox News talk show host Glenn Beck and lawmakers such as House member Michele Bachmann (R-MN). The number of identified “racist hate groups” has not increased significantly from 2008 from 2009, the report finds, growing from 926 to 932. However, the growth rate would have been far higher if it were not for the collapse of the American National Socialist Workers Party, a key neo-Nazi network whose founder was arrested in October 2008 (see December 18, 2009). So-called “nativist extremist” groups, vigilante organizations that go beyond advocating strict immigration policy and actually confront or harass suspected immigrants, have also grown in number, from 173 in 2008 to 309 in 2009, a rise of nearly 80 percent. The SPLC reports: “These three strands of the radical right—the hate groups, the nativist extremist groups, and the Patriot organizations—are the most volatile elements on the American political landscape. Taken together, their numbers increased by more than 40 percent, rising from 1,248 groups in 2008 to 1,753 last year.” The report warns that the number and intensity of violence from these groups, and from “lone wolf” extremists perhaps triggered by these groups’ rhetoric and actions, is increasing. Since Obama took office in January 2009, six law enforcement officers have been murdered by right-wing extremists. There are large and increasing numbers of arrests of racist “skinheads” for plotting to assassinate Obama, and an increasing number of anti-government extremists have been arrested for fomenting bomb plots. [Southern Poverty Law Center, 3/2010; Southern Poverty Law Center, 3/2/2010; Detroit Free Press, 3/31/2010] A Detroit Free Press report will directly tie the Michigan Hutaree, a radical Christian group arrested for planning the murder of local police officers (see March 27-30, 2010), to the growing trend of militant activity documented in the SPLC report. Political science professor Michael Barkun, an expert on extremist religious groups, says of the Hutaree arrests: “I don’t think this is the last we’re going to see of these groups. The number of such groups has increased fairly dramatically in the last couple of years.” Beirich will note that the Hutaree were not isolated from other militias: “They were part of the broader militia movement,” she says. However, her conclusion is disputed by Michigan militia member Michael Lackomar. “They more closely fit the definition of a cult,” Lackomar will say. “They believe the world is about to end according to how it was written in the Bible, and their job is to stand up and clear the way for Jesus and fight alongside him against the forces of darkness.” While “[a] lot of people are upset at an ever-growing government that is overreaching,” Lackomar will say, most militias do not go to the Hutaree’s extremes. He will call the Hutaree’s plans to attack police officers “despicable.” [Detroit Free Press, 3/31/2010]

Entity Tags: Michael Barkun, Glenn Beck, Chip Berlet, Bush administration (43), Barack Obama, American National Socialist Workers Party, Heidi Beirich, Hutaree, Mark Potok, Michele Bachmann, Nancy Pelosi, Southern Poverty Law Center, Michael Lackomar

Timeline Tags: US Domestic Terrorism

Chief Justice John Roberts tells a group of law students that President Obama and Congressional Democrats turned the recent State of the Union address into a “pep rally” targeting Court justices, and questions the need for justices to attend the event. During the speech, Obama criticized the Citizens United decision allowing corporations to spend unlimited amounts of money on political advertising (see January 21, 2010), and Justice Samuel Alito drew media attention by mouthing the words “Not true” in response to Obama’s remarks (see January 27-29, 2010). Roberts is referring to the fact that many Congressional Democrats cheered the president’s remarks. He calls the event “very troubling,” and says, “To the extent the State of the Union has degenerated into a political pep rally, I’m not sure why we are there.” Six of the Court’s nine justices, including Alito and Roberts, were in attendance. Roberts says he is less concerned about the criticism of the Court than the expectation that the justices must sit silently: “Anybody can criticize the Supreme Court.… I have no problem with that. The image of having the members of one branch of government standing up, literally surrounding the Supreme Court, cheering and hollering while the Court—according to the requirements of protocol—has to sit there expressionless, I think is very troubling. It does cause me to think… why are we there?” Justices Antonin Scalia and Clarence Thomas did not attend, complaining that the address would be a “partisan” event (see February 2, 2010), and Justice John Paul Stevens, who strongly dissented from the Citizens United decision, did not attend due to age and health issues. White House press secretary Robert Gibbs responds strongly to Roberts’s remarks, saying, “What is troubling is that this decision opened the floodgates for corporations and special interests to pour money into elections, drowning out the voices of average Americans.” [Los Angeles Times, 3/10/2010] Three weeks after Roberts makes his observations, conservative talk show host David Limbaugh will call Obama’s criticisms a “public assault” on the justices. [David Limbaugh, 4/5/2012]

Entity Tags: John Paul Stevens, Barack Obama, Antonin Scalia, Clarence Thomas, John G. Roberts, Jr, Samuel Alito, David Limbaugh, Robert Gibbs, US Supreme Court

Timeline Tags: Civil Liberties

The Washington, DC, Circuit Court of Appeals unanimously holds that provisions of the Federal Election Campaign Act (FECA—see February 7, 1972, 1974, and May 11, 1976) violate the First Amendment in the case of a nonprofit, unincorporated organization called SpeechNow.org. SpeechNow collects contributions from individuals, but not corporations, and attempted to collect contributions in excess of what FECA allows. In late 2007, SpeechNow asked the Federal Election Commission (FEC) if its fundraising plans would require it to register as a political committee, and the FEC responded that the law would require such registration, thus placing SpeechNow under federal guidelines for operation and fundraising. In February 2008, SpeechNow challenged that ruling in court, claiming that the restrictions under FECA were unconstitutional. FECA should not restrict the amount of money individuals can donate to the organization, it argued, and thusly should not face spending requirements. It also argued that the reporting limits under FECA are unduly burdensome. The district court ruled against SpeechNow, using two Supreme Court decisions as its precedents (see January 30, 1976 and December 10, 2003), and ruled that “nominally independent” organizations such as SpeechNow are “uniquely positioned to serve as conduits for corruption both in terms of the sale of access and the circumvention of the soft money ban.” SpeechNow appealed that decision. The appeals court reverses the decision, stating that the contribution limits under FECA are unconstitutional as applied to individuals. The reporting and organizational requirements under FECA are constitutionally valid, the court rules. The appeals court uses the recent Citizens United ruling as justification for its findings on contribution limits (see January 21, 2010). [New York Times, 3/28/2010; Federal Elections Commission, 2012; Moneyocracy, 2/2012] The FEC argued that large contributions to groups that made independent expenditures could “lead to preferential access for donors and undue influence over officeholders,” but Chief Judge David Sentelle, writing for the court, retorts that such arguments “plainly have no merit after Citizens United.” Stephen M. Hoersting, who represents SpeechNow, says the ruling is a logical and welcome extension of the Citizens United ruling, stating, “The court affirmed that groups of passionate individuals, like billionaires—and corporations and unions after Citizens United—have the right to spend without limit to independently advocate for or against federal candidates.” [New York Times, 3/28/2010] Taken along with another court ruling, the SpeechNow case opens the way for the formation of so-called “super PACs,” “independent expenditure” entities that can be run by corporations or labor unions with monies directly from their treasuries, actions that have been banned for over 60 years (see 1925 and June 25, 1943). The New York Times will later define a super PAC as “a political committee whose primary purpose is to influence elections, and which can take unlimited amounts of money, outside of federal contribution limits, from rich people, unions, and corporations, pool it all together, and spend it to advocate for a candidate—as long as they are independent and not coordinated with the candidate.” Super PACs are not required by law to disclose who their donors are, how much money they have raised, and how much they spend. CNN will later write, “The high court’s decision allowed super PACs to raise unlimited sums of money from corporations, unions, associations, and individuals, then spend unlimited sums to overtly advocate for or against political candidates.” OpenSecrets, a nonpartisan organization that monitors campaign finance practices, later writes that the laws underwriting Super PACs “prevent… voters from understanding who is truly behind many political messages.” [New York Times, 3/28/2010; Federal Elections Commission, 2012; OpenSecrets (.org), 2012; CNN, 3/26/2012; New York Times, 5/22/2012]

Entity Tags: Stephen M. Hoersting, New York Times, Federal Election Commission, Federal Election Campaign Act of 1972, OpenSecrets (.org), David Sentelle, CNN, SpeechNow (.org)

Timeline Tags: Civil Liberties, 2012 Elections

Some of the armed militia members gathering in support of Republican Senate candidate Rand Paul. The two depicted are wearing pro-Paul stickers.Some of the armed militia members gathering in support of Republican Senate candidate Rand Paul. The two depicted are wearing pro-Paul stickers. [Source: Think Progress (.org)]US Senate candidate Rand Paul (R-KY) is a featured speaker at an “open carry” rally held in Frankfort. “Open carry” advocates claim the right to openly carry firearms in public places. The rally includes groups like the Ohio Valley Freedom Fighters, an organization that has openly worked with and defended the Michigan-based Hutaree militia (see March 27-30, 2010). During his address to the rally, Paul calls the armed attendees, many of whom are wearing “I’m A Rand Fan” stickers, his “private security detail.” [Joe Sonka, 3/29/2010; Think Progress, 5/17/2010] (Note: progressive news Web site Think Progress misidentifies the militia organization at the Paul rally as the “Ohio Valley Freedom Fights.”) [Think Progress, 5/17/2010]

Entity Tags: Ohio Valley Freedom Fighters, Rand Paul, Think Progress (.org), Hutaree

Timeline Tags: US Domestic Terrorism, 2010 Elections

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

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

Timeline Tags: Civil Liberties

Attorney Karl Crow, one of the leaders of the Themis project.Attorney Karl Crow, one of the leaders of the Themis project. [Source: Little Sis (.org)]Charles and David Koch, the oil billionaires who are behind the conservative tea party movement (see 1940 and After, 1977-Present, 1979-1980, 1981-2010, 1984 and After, 1997, Late 2004, Late 2004, October 2008, August 5, 2009, November 2009, July 3-4, 2010, August 30, 2010, September 2010, August 17, 2011 and October 4, 2011), begin to build a huge, nationwide database of conservative voters that they intend to use to drive conservative votes in elections, beginning with the 2012 Republican primaries and on to the November 2012 general presidential election. The database is nicknamed “Themis,” after the Greek goddess of divine law and order who imposes order on human affairs. According to The Guardian’s Ed Pilkington, “the Koch brothers are close to launching a nationwide database connecting millions of Americans who share their anti-government and libertarian views, a move that will further enhance the tycoons’ political influence and that could prove significant in next year’s presidential election.” Pilkington writes that Themis will bring together “the vast network of alliances” the brothers have formed over the last 20 years. [Politico, 10/10/2011; Guardian, 11/7/2011] Patrick Glennon of In These Times writes: “Email lists, phone numbers, and other contact information from disperse sources will merge into a comprehensive and streamlined political weapon. Purportedly, the database will also include extensive information relating to occupation and income levels, useful details for targeted fundraising initiatives.” [Politico, 10/10/2011] The database begins in April 2010, and is expected to be completed and functional by the end of 2011. Few details of the project are known; development leader Karl Crow, a Washington lawyer and longtime Koch advisor, refuses to speak about it, as do media representatives of Koch Industries. A member of a Koch affiliate organization who specializes in the political uses of new technology says in November 2011 that the project is almost ready to go live: “They are doing a lot of analysis and testing. Finally they’re getting Themis off the ground.” The project is intended to, Pilkington writes, “bring together information from a plethora of right-wing groups, tea party organizations, and conservative-leaning thinktanks. Each one has valuable data on their membership—including personal email addresses and phone numbers, as well as more general information useful to political campaign strategists such as occupation, income bracket, and so on. By pooling the information, the hope is to create a data resource that is far more potent than the sum of its parts. Themis will in effect become an electoral roll of right-wing America, allowing the Koch brothers to further enhance their power base in a way that is sympathetic to, but wholly independent of, the Republican Party.” The specialist tells Pilkington, “This will take time to fully realize, but it has the potential to become a very powerful tool in 2012 and beyond.” Themis is modeled in part on a project called Catalyst, a voter list that compiled and shared data about progressive groups and campaigns (see Late 2004 and After) and helped Democrats regain momentum after the 2004 defeat of presidential candidate John Kerry (D-MA). [Politico, 10/10/2011; Guardian, 11/7/2011; In These Times, 11/8/2011] The 2008 Obama campaign used social media outreach techniques to augment Catalyst’s database. Themis apparently incorporates many of those social-media and other interactive features in its construction. [The Kernel, 12/19/2011] Josh Hendler, the former director of technology of the Democratic National Committee (DNC), tells Pilkington that Themis could do for the GOP what Catalyst helped do for the Democrats. “This increases the Koch brothers’ reach,” he says. “It will allow them to become even greater coordinators than they are already—with this resource they become a natural center of gravity for conservatives.” Mary Boyle of the political watchdog group Common Cause says of the reclusive brothers, “What makes them unique is that they are not just campaign contributors; they are a vast political network in their own right.” Themis will only deepen the Koch brothers’ control of American right-wing politics, Pilkington observes. Politico’s Kenneth Vogel writes that the Kochs intend to spend at least $200 million in 2012 on the Republican presidential campaign and other related activities. Pilkington writes: “Their potential to sway the electorate through the sheer scale of their spending has been greatly enhanced by Citizens United, last year’s controversial ruling by the US Supreme Court that opened the floodgates to corporate donations in political campaigns. The ruling allows companies to throw unlimited sums to back their chosen candidates, without having to disclose their spending. That makes 2012 the first Citizens United presidential election, and in turn offers rich pickings to the Koch brothers.” Themis will help the Kochs “micro-target” voters and potential fundraisers. Pilkington writes that it is reasonable to assume that Koch-funded lobbying organizations such as Americans for Prosperity and FreedomWorks are part of Themis, as are Koch-funded think tanks such as the Heritage Foundation. “Between them, they have tentacles that extend to millions of voters,” Pilkington writes. Liberal reporter and blogger Lee Fang says the impact of Themis and the Koch funding on the 2012 presidential campaign will be immense: “This will be the first major election where most of the data and the organizing will be done outside the party nexus. The Kochs have the potential to outspend and out-perform the Republican Party and even the successful Republican candidate.” [Politico, 10/10/2011; Guardian, 11/7/2011; In These Times, 11/8/2011]

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

Timeline Tags: Civil Liberties, 2012 Elections

Adam Skaggs, an attorney for the Brennan Center for Justice, writes that the controversial Citizens United decision by the Supreme Court (see January 21, 2010) is going to have a huge impact on judicial elections in 2010 and beyond. The record for the costliest judicial race in US history was set in a 2004 Illinois contest between Lloyd Karmeier and Gordon Maag, competing for the bench in the state’s 5th Judicial District. Between them, they raised and spent almost $9.4 million, more than double the previous national record, and an amount Karmeier later called “obscene.” Special interests on both sides of the election became heavily involved, with Karmeier’s corporate donations from such organizations as the US Chamber of Commerce and State Farm Insurance winning out over Maag’s donations from trial lawyers. After the election, Karmeier cast the deciding vote in a case that saved State Farm $500 million. An Ohio labor official said in commenting on the often-heavy spending on judicial races, “We figured out a long time ago that it’s easier to elect seven judges than to elect one hundred and 32 legislators.” The Citizens United case, Skaggs writes, will undoubtedly lead to corporate spending in judicial races like never before. That spending, he writes, “threatens to further erode the judiciary’s independence.” Even former Supreme Court Justice Sandra Day O’Connor has said that “Citizens United has signaled that the problem of campaign contributions in judicial elections might get considerably worse and quite soon.” Skaggs cites a number of races that will likely be targets for big corporate donors:
bullet Illinois Supreme Court Chief Justice Thomas R. Fitzgerald is a probable target after striking down a 2005 law that placed caps on medical malpractice claims; Skaggs predicts the same corporate interests that helped Karmeier win a judicial seat will attempt to defeat Fitzgerald.
bullet In Alabama, three seats currently held by Republicans are contested. One of these, Alabama Supreme Court Justice Tom Parker, is the likely recipient of heavy corporate funding, because, as Skaggs writes, groups like the Business Council of Alabama want Parker on the bench to protect conservative interests on economic issues. That corporate spending will likely outstrip spending on Democratic candidates, which will come primarily from liberal judicial groups and the state’s Democratic Party.
A 2006 study by the New York Times showed that judges routinely decide cases involving campaign donors, and in 70 percent of those cases, find in favor of those donors. One judge in the study voted on behalf of his donors 91 percent of the time. In Nevada, judges routinely accept huge donations even when running unopposed, often from donors who have cases pending before those judges. Nevada voters will decide in the November elections whether to scrap the system of an elected judiciary and move to an appointment system. Skaggs recommends that states should adopt public financing systems for judicial elections (four states—New Mexico, North Carolina, West Virginia, and Wisconsin already do so) and eliminate entirely the concept of outside interests donating to judicial campaigns. He recommends stricter disclosure rules, so that the public knows who is contributing how much to judicial candidates. And, he writes, “states should institute new disqualification regulations to ensure that, if a judge is assigned to hear the case of a major campaign supporter, he or she must step aside and let a wholly impartial judge preside.” Otherwise, he writes: “The very legitimacy of the courts depends on the public believing that judges will treat every party without bias or favor. If, in the Citizens United era, states don’t adopt public financing and strong disclosure and disqualification rules, the judiciary’s credibility will dissolve—and quickly.” [New Republic, 4/5/2010]

Entity Tags: New York Times, Adam Skaggs, Business Council of Alabama, Lloyd Karmeier, US Chamber of Commerce, Sandra Day O’Connor, Thomas R. Fitzgerald, Tom Parker (ALSC), Gordon Maag, US Supreme Court

Timeline Tags: Civil Liberties

Dave Schwartz, the Maryland state director for the lobbying organization Americans for Prosperity (AFP—see Late 2004, February 16-17, 2009, February 19, 2009 and After, and April 2009 and After), which funds and directs many tea party organizations, writes an op-ed for the Baltimore Sun praising the tea party movement for its successes and calling for it to eschew the conspiracy theories (see February 4-8, 2010, February 15, 2010, August 24, 2010, September 2010, October 19, 2010, and August 17, 2011) that have often characterized it up to this point. “We must distance ourselves from ‘birthers,’ ‘truthers,’ and those who wish to use our enthusiasm for unrelated causes,” he writes, referring to two popular theories: that President Obama is not an American citizen, and that the 9/11 attacks were orchestrated by members of the Bush administration or others in the federal government. “President Barack Obama was born in the United States and was elected by a majority of voters. He is a father and a husband, and he has reached the pinnacle of his career through hard work and determination. We simply have a philosophical disagreement with him about the role of government in society. The tea party should fight the president’s and governor’s big-government policies with thoughtful solutions, not personal attacks.” He concludes by advising readers that “[f]or this movement to be a lasting political force, we must remain independent,” apparently referring to calls by Sarah Palin and Newt Gingrich for the tea party movement to join the GOP (see February 16, 2010 and April 21, 2010). [Baltimore Sun, 4/15/2010]

Entity Tags: Barack Obama, Americans for Prosperity, Sarah Palin, Newt Gingrich, Dave Schwartz, Bush administration (43)

Timeline Tags: Domestic Propaganda

William F. Jasper.William F. Jasper. [Source: John Birch Society]William F. Jasper, a senior member of the anti-Communist, implicitly racist John Birch Society (JBS—see March 10, 1961 and December 2011) and the senior editor of its New American magazine, protests that the “left-wing media” are attempting to use the arrests of nine far-right militia members in the Midwest (see March 27-30, 2010) “to broadly smear all political conservatives, constitutionalists, tea party activists, and opponents of President Obama’s health care as ‘extremist’ and ‘anti-government.’” Jasper derides the media’s reliance on experts from the Southern Poverty Law Center (SPLC—see March 2, 2010) for understanding and analysis of the Michigan Hutaree and other militia groups. “[P]redictably,” he writes, “the SPLC has been only too ready to spin the story as proof of their contention that the greatest danger to our republic is ‘anti-government’ extremism by ‘right-wing’ organizations the SPLC likes to identify as ‘hate groups.’” Jasper says that groups like the JBS and the Hutaree are “falsely label[ed] as being racist, homophobic, anti-Semitic, anti-government, anti-immigrant, nativist, extremist, hate-promoting, and intolerant.” He writes that the SPLC routinely conflates right-wing “constitutionalist” or “patriot” groups with “genuine hate groups such as the Ku Klux Klan, Aryan Nations, or the Nazi Party” in an attempt “to smear and discredit them by false association.” He then attacks the SPLC as “a principal front for the militant homosexual lobby” and a strong opponent of the “Christian Right,” accusing it of “smear[ing] such respected Christian and pro-family organizations as Dr. James Dobson’s Focus on the Family, the late Rev. D. James Kennedy’s Coral Ridge Ministries/Center for Reclaiming America, and Beverly LaHaye’s Concerned Women for America, as well as the Alliance Defense Fund, the American Family Association, the Chalcedon Foundation, American Vision, the Christian Action Network, the Family Research Council, Summit Ministries, and the Traditional Values Coalition.” He quotes right-wing attorney Matt Barber, the director of Liberty Counsel, as calling the SPLC a “bully” organization, and cites Barber as saying that a citation by the SPLC “confers a badge of honor upon every legitimate Christian and conservative organization it so disingenuously mislabels ‘hate group.’ It’s a tacit admission by the SPLC that these groups represent a political threat; that their activities undermine the SPLC’s not-so-thinly-veiled, left-wing agenda.” And he quotes far-left columnist Alexander Cockburn, an avowed Marxist, as labeling the SPLC a “hatemongering” organization. In truth, Jasper claims, it is the SPLC and not the groups it covers that is a true “hate group” responsible for police and other law enforcement officials unfairly pursuing and even endangering what he calls innocent citizens and organizations exercising their constitutional rights to protest against their government. Jasper takes particular umbrage at a Wisconsin news report that cited the SPLC’s identification of a JBS chapter in Grand Chute, Wisconsin, as a “patriot” group. The news report quoted SPLC official Heidi Beirich as calling the JBS “one of the number one organizations that provide the conspiracy theories that fuel the anti-government world.” He also notes that the news report quoted JBS chief Arthur Thompson as admitting that while many militia groups rely on JBS literature and Web sites for their information, “that doesn’t mean we support their policies of how they want to implement what they believe in. We believe in a lot of things but we don’t believe in coercion or violence to promote what we believe in.” The JBS, Jasper writes, has “promot[ed] freedom” for over 50 years, and calls it “a patriotic, educational organization dedicated to restoring and preserving limited, constitutional government, free enterprise, and Christian-style civilization.” The JBS “has always opposed racism, anti-Semitism, communism, socialism, fascism, and Nazism,” Jasper concludes, though he acknowledges that his claim “has not stopped liberal-left critics from falsely accusing the Society of these things. In so doing these critics have adopted the tactics developed by the Communist Party of smearing their opponents rather than honestly debating them on the issues.” [John Birch Society, 6/3/2008; New American, 4/26/2010]

Entity Tags: Obama administration, Southern Poverty Law Center, Matt Barber, Traditional Values, William F. Jasper, Summit Ministries, Ku Klux Klan, Focus on the Family, Hutaree, Aryan Nations, Arthur (“Art”) Thompson, Chalcedon Foundation, American Vision, Alliance Defense Fund, Alexander Cockburn, American Family Association, John Birch Society, Christian Action Network, Family Research Council, Coral Ridge Ministries/Center for Reclaiming America, Concerned Women for America, Heidi Beirich

Timeline Tags: Domestic Propaganda

Sharron Angle.Sharron Angle. [Source: Politico]Senate candidate Sharron Angle (R-NV) tells conservative talk show host Bill Manders that she does not support a woman’s right to abortions even in the case of rape or incest, because “God has a plan” for that woman and her child. Manders asks, “Is there any reason at all for an abortion?” to which Angle replies, “Not in my book.” Manders asks, “So, in other words, rape and incest would not be something?” and Angle replies, “You know, I’m a Christian and I believe that God has a plan and a purpose for each one of our lives, and that he can intercede in all kinds of situations, and we need to have a little faith in many things.” [Nevada State Democratic Party, 5/2010] In a subsequent interview, Angle will advise women who become pregnant due to being raped by a family member to turn “a lemon situation into lemonade.” [Huffington Post, 7/8/2010]

Entity Tags: Bill Manders, Sharron Angle

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

US Senate candidate Rand Paul (R-KY), a favorite of the tea party movement, speaks out against the Americans with Disabilities Act of 1990 (ADA—see July 26, 1990) during an interview. [Think Progress, 5/17/2010] The ADA was sponsored by Congressional Democrats and signed into law by then-President George H. W. Bush. The ADA “prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities.” Recently, it has been attacked by conservative pundits and candidates, largely because businesses have to spend money to comply with its mandates. [Media Matters, 9/7/2010; US Department of Labor, 2011] Paul says that he favors local governments being able to decide whether disabled people have the rights under the legislation; requiring businesses to provide access to disabled people, Paul argues, isn’t “fair to the business owner.” Paul says: “You know a lot of things on employment ought to be done locally. You know, people finding out right or wrong locally. You know, some of the things, for example we can come up with common sense solutions—like for example if you have a three-story building and you have someone apply for a job, you get them a job on the first floor if they’re in a wheelchair as supposed to making the person who owns the business put an elevator in, you know what I mean? So things like that aren’t fair to the business owner.” [Think Progress, 5/17/2010]

Entity Tags: Americans with Disabilities Act of 1990, George Herbert Walker Bush, Rand Paul

Timeline Tags: Domestic Propaganda

Former US Attorney Steven Biskupic is cleared of any wrongdoing in his failed prosecution of Wisconsin government official Georgia Thompson. Since Thompson’s conviction was overturned in 2007 (see April 5, 2007), her prosecution has been widely criticized as giving the appearance of being politically motivated (see April 7-10, 2007, April 16, 2007, and April 24, 2007). Biskupic left his position in 2008 and is now in private practice at a Milwaukee law firm. In 2008, the Justice Department’s Office of Professional Responsibility (OPR) was investigating Biskupic and his prosecution of Thompson (see May 5, 2008). OPR reports that it “found no evidence that Mr. Biskupic was ever told his job was in jeopardy and no evidence that department personnel involved in the decision to remove certain United States Attorneys knew anything about the Thompson investigation.” The information is given to the House Judiciary Committee by Assistant Attorney General Ronald Welch. The committee had requested the investigation into Biskupic. “OPR also found that Mr. Biskupic took special measures to ensure that politics did not play a role in the case by enlisting the support and assistance of state officials who were Democrats, including using state investigative resources,” Welch adds. “Accordingly, OPR concluded that Mr. Biskupic did not breach any professional obligation in this matter, but rather, acted appropriately under the circumstances.” Biskupic says: “I’ll let the letter speak for itself.… I spent almost 20 years in the department. I remain proud of the work I did under multiple administrations.” [Wall Street Journal, 5/28/2010; Milwaukee Journal-Sentinel, 5/28/2010] After the OPR releases its findings, the Milwaukee Journal-Sentinel publishes an editorial praising the findings and saying that Biskupic’s integrity “should [never] have been in doubt.” [Milwaukee Journal-Sentinel, 6/1/2010]

Entity Tags: Georgia Lee Thompson, Steven M. Biskupic, Office of Professional Responsibility, Milwaukee Journal-Sentinel, Ronald Welch

Timeline Tags: Civil Liberties

One of many images produced to protest Target’s perceived anti-gay donations.One of many images produced to protest Target’s perceived anti-gay donations. [Source: Village Voice]The Target Corporation, owner of Target department stores, donates $150,000 to a fund with close ties to the campaign of Tom Emmer (R-MN), the GOP’s presumptive nominee for Minnesota’s governor, through its federal PAC TargetCitizens. The donation is $100,000 in cash and $50,000 in “brand consulting.” Another Minnesota-based retail chain, Best Buy Co., gives $100,000 to the group MN Forward, which describes itself as “nonpartisan” but only donates money to Emmer. The money is to be used primarily for ads supporting Emmer, a state legislator. The donations are allowable under the controversial Citizens United ruling that allows corporations to give unrestricted amounts to political organizations (see January 21, 2010). Emmer is a controversial candidate with a record of fiery opposition to gay rights and other stances not popular with moderate and liberal voters, and some are talking about organizing a boycott of Target and Best Buy. Target is the primary focus of the criticism, in part because it has promoted itself as a progressive alternative to corporate retailers such as Wal-Mart, according to an official with progressive advocacy group MoveOn.org. A Target spokesperson, Lena Michaud, says the company supports causes and candidates “based strictly on issues that affect our retail and business objectives.” TargetCitizens, according to Michaud, donates money to both Democratic and Republican candidates. Though Michaud says Target spreads its donations equally between candidates of the two parties, the $150,000 donation exceeds the amount TargetCitizens has donated in all other federal campaigns this year; Target executives have donated primarily to Republicans as well. Emmer, aside from his opposition to gay rights, favors a strict stance on immigration and has advocated slashing the wages of food service workers, whom he claims often make six-figure incomes when their tips are counted. He also advocates the nullification of some portions of the US Constitution, and wants to nullify the recent health care reform legislative package. In contrast, Target has cultivated a moderate image in Minnesota, making public donations to schools, food shelves, and the annual Twin Cities Gay Pride Festival. Target CEO Gregg Steinhafel, a heavy Republican donor, says his company’s commitment to gay rights is “unwavering.” MN Forward director Brian McClung, who formerly served as spokesman for retiring Governor Tim Pawlenty (R-MN), says: “We believe that everybody has the right to express their opinions and we’re going to run a fair and factual campaign. Our first ad is a positive ad talking about a candidate’s vision for creating jobs.” [Associated Press, 7/27/2010; Think Progress, 7/27/2010; Washington Post, 8/19/2010] Paul Finkelstein, CEO of Regis Corporation, which has also donated to MN Forward, explains that his company, like Target and Best Buy, donates based on economic concerns. “From a social perspective, I don’t agree with many of his platforms,” Finkelstein says. “My concern, frankly, is jobs. We have to have a tax policy that enables us to be able to create jobs.” Emmer wants to institute massive tax cuts, particularly for business owners and the wealthy, if he is elected as governor. Best Buy spokeswoman Susan Busch Nehring says of the controversy, “We’ve learned from this, and we will thoughtfully review the process we use to make political contributions, to avoid any future confusion.” [TPMDC, 7/30/2010; Washington Post, 8/19/2010]
Backlash - Local gay-rights organization Twin Cities Pride says it is “reviewing its partnership with Target” in light of the Emmer donations, while another gay-rights organization, OutFront Minnesota, says in a statement: “Emmer stands alone among candidates for governor in opposing equality for GLBT Minnesotans. Target should not stand with him.” OutFront Minnesota director Monica Meyer says, “This is inconsistent with their values to support the only candidate for governor who stands up for discrimination and divisiveness in Minnesota.” Former Democratic campaign worker Laura Hedlund pickets outside a Minnesota Target store, and tells a reporter, “I think Target is making a huge mistake” in donating money to support Emmer. A YouTube video posted by Minnesota citizen and former Target consumer Randi Reitan goes “viral”; in the video, Reitan returns $226 worth of items to a Target store and cuts up her Target credit card, explaining that she wants equality for her gay son, which Emmer, and by extension Target, does not support. Political science professor David Schultz says he is surprised Target would make such a controversial announcement of support: “I thought they would have sat this one out because they are so smart in terms of marketing. Target has had the warm fuzzies with progressives for years.… Now they risk alienating half the state’s population.” Emmer himself complains that his right to freedom of speech is being challenged by the protests against Target, and accuses protesters of demonstrating against him for personal reasons, saying: “The sad part to me is, I thought we were supposed to be able to exercise our rights of free speech. We’re supposed to celebrate the fact that we have different perspectives. And it doesn’t seem like that’s what this is about. This seems to be more personal and we’ve got to get over that.” [Associated Press, 7/27/2010; TPMDC, 7/30/2010] MN Forward continues to garner significant corporate donations even after the Target backlash. [Minnesota Public Radio, 8/5/2010; Minnesota Independent, 8/6/2010]
Apology - Days later, Steinhafel issues a public apology for the donation, in an apparent effort to ward off planned boycotts by gay-rights and Democratic groups. Steinhafel writes a letter to Target employees that is made public, claiming that the donation was merely to support economic growth and job creation. He acknowledges that the contribution affected many employees in ways he did not anticipate and says: “[F]or that I am deeply sorry.… The diversity of our team is an important aspect of our culture and our success, and we did not mean to disappoint you, our team or our valued guests.” Michaud says the company will do what she calls a strategic review of political donations, and plans to lead a discussion on improving gay rights in the workplace. “Our commitment right now is in letting people know that we’ve heard their feedback and we’re really sorry that we’ve let them down,” Michaud says. “We want to continue doing the many things that Target has done as a company to foster our inclusive corporate culture and then look at ways of doing things better in the future.” Meyer says she is glad to hear Steinhafel’s apology, but her group intends to wait and see if Target fulfills its promise to be supportive of gay rights: “People are really appreciating them reiterating that kind of support but they want to make sure that their consumer dollars aren’t going to fund candidates who do the exact opposite of what Target says it wants to promote in society.” Soon after Steinhafel’s apology, Human Rights Campaign, a human rights organization that supports gay rights, says it spoke with Target about contributing $150,000 to a candidate who does support gay rights, but, the organization says, those talks have broken down. Allison Hayward of the Center for Competitive Politics says corporations should view the Target controversy as a cautionary tale. “This is sort of an object lesson for the next time a Sears or a Wal-Mart thinks about getting involved in some political expenditures,” she says. “Large corporations are not generally interested in alienating customers.” [Minnesota Public Radio, 8/5/2010; Washington Post, 8/19/2010]
Donations to Anti-Gay Candidates Continue - Federal Election Commission (FEC) records released in December 2010 will show that Target continues to donate to anti-gay candidates. [Think Progress, 12/24/2010]
Policy Change - In February 2011, Target Corporation issues a new policy to tighten oversight and restrict how the firm’s funds are used for political purposes. Tim Smith of Walden Asset Management, one of the companies that filed a shareholder resolution criticizing the donation, says: “This is definitely a trend. More and more companies are stepping up and being transparent about their political spending.” Target still refuses to disclose how much money it donates to trade associations, which are often some of the largest political campaign donors. Target now has a committee tasked with guiding “the decision-making process regarding financial support of political activities,” according to a policy document. [Los Angeles Times, 2/19/2011]

Entity Tags: Allison R. Hayward, Laura Hedlund, Gregg Steinhafel, Twin Cities Pride, Best Buy Co., David Schultz, Brian McClung, Federal Election Commission, Human Rights Campaign, Tim Smith, Tom Emmer, TargetCitizens, Monica Meyer, MN Forward, Lena Michaud, Tim Pawlenty, OutFront Minnesota, MoveOn (.org), Randi Reitan, Paul Finkelstein, Target Corporation, Susan Busch Nehring

Timeline Tags: Civil Liberties

The exterior of the St. Regis Resort in Aspen, Colorado.The exterior of the St. Regis Resort in Aspen, Colorado. [Source: Real Aspen (.com)]The reclusive but highly influential Charles Koch, of the Koch brothers oil empire (see 1977-Present, 1979-1980, 1997, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, November 2009, December 6, 2009, April 2010 and After, and July 3-4, 2010), holds a private meeting with some 200 wealthy financial and political figures at the exclusive St. Regis Resort in Aspen, Colorado. The meeting is designed to bring the participants together to combat what Koch calls “the threats posed to American freedom and prosperity” by Democrats and the Obama administration. To that end, many of the sessions in the two-day event target methods and plans to influence and manipulate the upcoming 2010 midterm elections. The meeting is highly secretive, with participants warned not to discuss the proceedings with anyone, especially members of the media, but in August, the liberal news Web site Think Progress will obtain a copy of a September 2010 memo from Koch that contains the June 2010 event program. The various events include:
bullet a seminar on “The Bankrupting of America”;
bullet a seminar on the “regulatory assault” on environmental concerns and how to further business goals by defeating environmental regulations;
bullet a seminar on how to influence universities and colleges to “advance liberty”;
bullet a seminar on how to “micro-target” the electorate in order to win elections for conservative Republican candidates;
bullet a seminar on “The Threats to American Freedom and Prosperity” conducted by Koch himself;
bullet “Understanding the Threats We Face,” a seminar moderated by Wall Street Journal reporter Stephen Moore (see May 6, 2006), Ramesh Ponnuru of the National Review, Phil Kerpen of Americans for Prosperity (AFP—see Late 2004), and Peter Wallinson of the far-right American Enterprise Institute (AEI);
bullet a seminar on “An Integrated Strategy to Face These Threats,” moderated by Koch’s senior assistant Richard Fink;
bullet an evening address, “Is America On the Road to Serfdom?” by former Fox News talk show host Glenn Beck;
bullet a seminar, “We’re Spending Too Much,” on how to lower government spending, conducted by Russ Roberts of the far-right libertarian Mercatus Center;
bullet a seminar, “Understanding This Year’s Electorate,” by journalist and AEI fellow Michael Barone;
bullet a follow-up seminar on how to “Fram[e] the Debate on Spending” for the elections, moderated by members of AEI and the Mercatus Center;
bullet a seminar, “Mobilizing Citizens for November,” featuring Tim Phillips, the head of AFP (see August 6, 2009) and Karl Crow, the head of Themis, the Koch-funded computer database being used in “micro-targeting” voters (see April 2010 and After);
bullet a seminar hosted by Arthur Brooks of AEI on how to frame the “fight” as one between “free enterprise and Big Government”;
bullet a seminar on how best to target participants’ philanthropic gifting;
bullet a seminar on “reforming” K-12 public and charter schools;
bullet a seminar on impacting judicial elections in several key states;
bullet a seminar on transitioning from the 2010 elections to the 2012 presidential elections and how “supporters of economic freedom” can “start planning today” for that election;
bullet a final evening address, “What’s Ahead for America?” by noted neoconservative columnist and Fox News pundit Charles Krauthammer.
The event features David Chavern, a senior official at the US Chamber of Commerce, one of the entities contributing the most funding to conservative political organizations (see August 2, 2010, September 13-16, 2010, and October 2010). Think Progress’s Lee Fang will write: “In an election season with the most undisclosed secret corporate giving since the Watergate-era, the memo sheds light on the symbiotic relationship between extremely profitable, multi-billion dollar corporations and much of the conservative infrastructure. The memo describes the prospective corporate donors as ‘investors,’ and it makes clear that many of the Republican operatives managing shadowy, undisclosed fronts running attack ads against Democrats were involved in the Koch’s election-planning event.” Many of the “investors” listed as attending or participating in the events include executives from health care corporations; executives from fast-food and other food-industry executives who have fought against providing health insurance to their employees; an array of banking and financial executives; and a number of energy industry executives. Fred Malek, who serves as the top fundraiser for a $56 million attack ad campaign against Democrats (see Mid-October 2010), attends, as does Heather Higgins of the Independent Women’s Forum, another organization that has spent millions opposing health-care reform. Many of the election-focused seminars address how to take advantage of the Citizens United ruling that lifted restrictions on corporate election spending (see January 21, 2010). The Aspen meeting, as with earlier meetings, is managed by Kevin Gentry, a Koch Industries executive and Washington lobbyist. [Think Progress, 8/23/2010; Koch, 9/24/2010 pdf file]

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

Timeline Tags: Civil Liberties

The Web site of conservative pundit and activist Andrew Breitbart misquotes Solicitor General Elena Kagan to give the appearance that she condones book banning. The story comes from a video produced by Naked Emperor News and promoted by Breitbart TV, featuring edited audio recordings of Kagan’s oral arguments before the Supreme Court in the Citizens United decision (see September 9, 2009 and January 21, 2010). [Media Matters, 6/29/2010] Breitbart TV headlines its story: “Kagan’s own words: It’s fine if the law bans books because government won’t really enforce it.” [Breitbart TV, 6/28/2010] The story is immediately picked up by the conservative Drudge Report, which uses a nearly identical headline and links to the Breitbart site. [Media Matters, 6/29/2010] The influential conservative blog Gateway Pundit posts the story, again with an almost-identical headline, and includes the comment, “Spoken like a true leftist radical…” [Jim Hoft, 6/28/2010] (Both Breitbart TV and Gateway Pundit will later delete their posts.) Fox Nation, the blog for Fox News, also posts the story with the headline: “Kagan: It’s Fine If the Law Bans Books.” [Fox Nation, 6/29/2010] However, the video and audio have been edited to have Kagan claiming something she never said. During her argument before the Court, she actually argued that federal law had never banned books and probably could not do so. She never uttered the words, “It’s fine if the law bans books.” She said that if the government did try to ban books under campaign finance laws, “there would be quite good as-applied challenge” to the law, meaning that if a corporation did publish a book that advocated for or against a candidate during an election season, it would have a strong case against any potential banning by the government. Kagan later said: “[W]hat we’re saying is that there has never been an enforcement action for books. Nobody has ever suggested—nobody in Congress, nobody in the administrative apparatus has ever suggested that books pose any kind of corruption problem, so I think that there would be a good as-applied challenge with respect to that.” [Media Matters, 6/29/2010] Naked Emperor News, which produced the video, is a small organization run by conservative activist Pam Key and promoted by the Breitbart Web network. [Media Matters, 9/2/2010]

Entity Tags: Pam Key, Fox Nation, Gateway Pundit (.com), Elena Kagan, Andrew Breitbart, Drudge Report, Naked Emperor News, Breitbart TV

Timeline Tags: Civil Liberties

The advocacy wing of the Americans for Prosperity (AFP) Foundation, founded by right-wing billionaire David Koch in 2004 (see Late 2004 and August 30, 2010), holds a weekend summit called “Texas Defending the American Dream” in Austin, Texas.
Koch-Funded, Koch Brand Not in Evidence - Neither David Koch nor his brother, Charles, attend the affair, and the name Koch is not in evidence. An advertisement for the event portrays it as a populist uprising against vested corporate power, stating: “Today, the voices of average Americans are being drowned out by lobbyists and special interests. But you can do something about it.” The ad makes no mention that the event is funded by Koch Industries, the second-largest private corporation in the US. Of Americans for Prosperity, Obama adviser David Axelrod says, “What they don’t say is that, in part, this is a grassroots citizens’ movement brought to you by a bunch of oil billionaires.”
Funding and Training the Tea Parties - Koch Industries has long denied that it has any connection to tea party organizations, and has denied that either the firm or the Koch brothers have funded any tea party groups (see February 27, 2009 and April 15, 2009). David Koch has denied ever being approached by tea party representatives. But at the Austin event, event organizer Peggy Venable—an AFP employee who has worked for Koch-funded political groups since 1994—tells the crowd, “We love what the tea parties are doing, because that’s how we’re going to take back America!” She calls herself one of the earliest members of the tea party movement, telling a reporter, “I was part of the tea party before it was cool!” AFP, she says, is in business to help “educate” tea party activists on policy details and to train them for further activism so that their political energy can be channelled “more effectively.” AFP has provided tea party organizers with lists of elected Democrats to target. Of the Kochs, she says: “They’re certainly our people. David’s the chairman of our board. I’ve certainly met with them, and I’m very appreciative of what they do.”
'Victory or Death!' - Some 500 people attend the event, which features training seminars for “tea party” activists around the state and a series of speakers launching blunt attacks against President Obama and his administration. Venable warns the attendees that the Obama administration has “a socialist vision for this country.” She gives the Texas AFP “Blogger of the Year” award to a woman named Sibyl West, who recently called Obama the nation’s “cokehead in chief.” Featured speaker Janine Turner, an actress best known for her role in the TV series Northern Exposure, tells the audience: “They [Obama and the Democratic Party] don’t want our children to know about their rights. They don’t want our children to know about a God!” Former Texas Solicitor General Ted Cruz tells the crowd that Obama is “the most radical president ever to occupy the Oval Office,” and has a hidden agenda: “the government taking over our economy and our lives.” Defeating Obama and his “secret agenda” is, Cruz says, “the epic fight of our generation!” As the crowd gives him a standing ovation, Cruz shouts the words said by a Texan at the Alamo: “Victory or death!” [New Yorker, 8/30/2010]

Entity Tags: Janine Turner, Barack Obama, Americans for Prosperity, Charles Koch, David Koch, Obama administration, Sibyl West, David Axelrod, Koch Industries, Ted Cruz, Peggy Venable

Timeline Tags: Domestic Propaganda

Supporters of Joe Miller march while carrying assault weapons. Supporters of Joe Miller march while carrying assault weapons. [Source: Bob Moore / TPMDC]Supporters of Alaska Senate candidate Joe Miller (R-AK), who has the support of former Governor Sarah Palin (R-AK) and the Tea Party Express against Republican incumbent Lisa Murkowski (R-AK), march in the streets of Anchorage brandishing assault weapons. Miller later explains the event on ABC News: “You know, guns are a pretty big thing up here in Alaska. In fact, per capita, we probably have the highest rate of gun ownership in the nation. The Second Amendment’s very important to people up here in Alaska. So you know, it’s not unusual to walk into a Wal-Mart, or to walk into a gas station, and see people carrying guns. Frankly, I wasn’t in that Hummer [the large SUV accompanying the marchers]. I was out there walking, shaking hands. But you know, it’s not unusual in political rallies, it’s not unusual in parades, to see that type of thing. Probably though, in the lower 48, it does raise some eyebrows.” [TPMDC, 7/19/2010; ABC News, 7/19/2010] The supporters shown in a video of the march are later identified as members of the Anchorage Second Amendment Task Force, a gun rights group. The organization endorsed Miller after he showed up at a forum over the summer that Murkowski declined to attend. Task Force leader Chuck Green later tells a reporter that his members “like[d] Miller’s straight forward answers to questions.… [S]ome of the guys in the forum decided to attend the parade supporting Miller. It’s… as simple as that.” [Salon, 7/23/2010] Miller says that he welcomes the support of the Tea Party Express even after its spokesman, Mark Williams, was ejected from the National Tea Party Federation for making explicitly racist comments (see July 17-18, 2010 and July 19-23, 2010). Miller says his campaign does not endorse such views: “I think it’s appropriate for us to make an unequivocal statement that this campaign is not, in any way, racist,” he says. “In fact, we judge people by their character, rather than the color of their skin. We have a number of minorities that are assisting us in this campaign. My perspective of it is that we will embrace, though, the help that’s brought to this campaign by those that are really supportive of constitutional limited government. And I think that’s the direction this country’s gotta go to rescue it from the financial insolvency that it’s in right now.” [ABC News, 7/19/2010] Miller will later be shown to have extensive ties to Alaska’s right-wing militia movement (see July 23, 2010 and October 18, 2010). Many of those militia organizations espouse racist beliefs.

Entity Tags: National Tea Party Federation, Mark Williams, Lisa Murkowski, Tea Party Express, Joseph Wayne (“Joe”) Miller, Chuck Green, Sarah Palin, Anchorage Second Amendment Task Force

Timeline Tags: Domestic Propaganda

Joe Miller.Joe Miller. [Source: Mad As Hell And ... (.com)]Salon reporter and columnist Justin Elliot warns that if Alaska Senate candidate Joe Miller (R-AK) is elected, the militia movement in that state will have a staunch supporter in the US Senate. Elliot writes his column shortly after a controversial video of a recent Miller rally makes national news, showing Miller supporters openly brandishing assault rifles during a march (see July 19, 2010). Norm Olson of the Alaska Citizens Militia (see April 1994, March 25 - April 1, 1996, and Summer 1996 - June 1997) tells Elliot: “It’s safe to say that Joe Miller is a friend of patriots. His beliefs and platform favor Second Amendment rights as well as the power of nullification when the federal government intrudes into the private lives of Alaskans.” Olson claims his Alaska Militia has several hundred members and supporters; the organization accuses the federal government of committing 17 “acts of war” against the US population, including “firearms restrictions or other disarmament,” “mandatory medical anything,” “federal patrols,” “taking control of children under duress or threat,” “federalization of law enforcement,” and “surrender powers to a corporation or foreign government.” Miller advocates interpreting the Tenth Amendment to “get the government out of our lives,” an interpretation classed by critics as “tentherism,” which many on the right, including militia organizations, say should be used to force the federal government to cede vast powers to the states and even local authorities. The “tenthers” often focus on dissolving Social Security and other federal “safety net” programs, and ending all controls on gun ownership. Elliot writes: “This is the centerpiece of Miller’s political identity. He asserts that there is no constitutional authority for the health care reform law or proposed cap and trade legislation. He advocates a state takeover of federally controlled land in Alaska such as Denali National Park. These are the kinds of positions that are creating buzz in the militia world.” Olson’s colleague, Ray Southwell, who accompanied Olson to Alaska after both were ejected from the Michigan Militia for their extremist views (see April 1994, March 25 - April 1, 1996, and Summer 1996 - June 1997), has written emails and Web posts in support of Miller in recent weeks. One email reads in part, “We need leaders here to stand against the feds.” Another militia member wrote: “Joe Miller is an strong Constitution following patriot, he does not play games.… If we want to make sure Joe Miller keeps on the straight and narrow, WE, ALL OF US, have to make damn sure he and his entire family are safe and sound, because that is a common way to get at a man go for the soft spot family [sic].” Elliot notes that the Alaska militias are not unified in support of Miller, and some, like Schaeffer Cox of the Alaska Peacemakers Militia, say, “He’s going to try to run things in a more conservative way, but he’s still trying to run things—so he has the same fundamental problem of all the other politicians.” [Salon, 7/23/2010] The online news site Alaska Dispatch will note that Cox also founded and leads the Second Amendment Task Force, the group that turned out to display its assault weapons during the recent Miller rally. It also will note that Olson recently attempted to run for lieutenant governor on the Alaskan Independence Party (AIP) ticket (see September 6-7, 2008). The AIP is one of the largest and most well-known secessionist organizations in Alaska, and once listed Todd Palin, the husband of former Alaska Governor Sarah Palin (R-AK), as a member. [KTUU-TV, 9/6/2010; Alaska Dispatch, 9/23/2010] Miller claims to know nothing of AIP’s agenda or views, but according to the Alaska Dispatch and the liberal blog Progressive Nation, AIP’s statements of beliefs are virtually identical to those espoused by AIP. It’s unlikely Miller is unaware of AIP, the blog claims, and asks, “If you like the Tea Party, you gotta love the Alaskan Independence Party, so why has it been shunned even by Alaska politicians?” It goes on to note that when Palin ran for vice president in 2008, the McCain-Palin campaign called attempts to call attention to her family’s ties to AIP a “smear.” AIP itself has written on its Web site, “No longer a fringe party, the AIP is a viable third party with a serious mission and qualified candidates for elected offices,” and boasts the inclusion of former Governor Wally Hickel (AIP-AK) as a member. The blog notes that former AIP member Todd Palin is involved in Miller’s campaign. [Progressive Nation, 7/11/2010; Alaska Dispatch, 9/8/2010] Miller will later be shown to employ security guards with militia ties (see October 17, 2010).

Entity Tags: Ray Southwell, Joseph Wayne (“Joe”) Miller, Alaska Peacemakers Militia, Alaska Dispatch, Alaska Citizens Militia, Justin Elliot, Progressive Nation, Todd Palin, Second Amendment Task Force, Sarah Palin, Schaeffer Cox, Wally Hickel, Norman (“Norm”) Olson

Timeline Tags: Domestic Propaganda

Senate Democrats are unable to break a filibuster by Senate Republicans that is blocking passage of the DISCLOSE Act.
Act Would Mandate Disclosure of Donors - The DISCLOSE Act—formally the Democracy Is Strengthened by Casting Light On Spending in Elections (DISCLOSE) Act—would overturn many elements of the Supreme Court’s controversial Citizens United decision that allows virtually unlimited and anonymous political spending by corporations and other entities (see January 21, 2010). If passed, it would have created new campaign finance disclosure requirements and made public the names of “super PAC” contributors (see March 26, 2010). Individuals, corporations, labor unions, and tax-exempt charitable organizations would, under the act, report to the Federal Election Commission (FEC) each time they spend $10,000 or more on campaign-related expenditures. Additionally, all outside groups, including “super PACs,” would have to report the names of donors. Moreover, the legislation would provide for so-called “Stand By Your Ad” requirements mandating that super PACs and other outside campaign groups producing political advertisements disclose the top funders in the ad. The CEO or highest-ranking official of an organization would, under the act, have to appear in the ad and officially “approve” the message. [Open Congress, 6/29/2010; OMB Watch, 7/24/2012]
Unbreakable Filibuster - Even public support from President Obama fails to sway enough Republican senators to vote against the filibuster, as did changes made to the bill by sponsor Charles Schumer (D-NY) designed to assuage some of Republicans’ concerns about the bill. The bill has already passed the House, shepherded through under Democratic leadership against Republican opposition. Democrats have a slim majority in the Senate also, but Senate rules allow the minority to mount filibusters that require 60 votes to overcome, and a number of Republicans would need to break from the Republican pack to vote down the filibuster. Additionally, some conservative senators such as Ben Nelson (D-NE) have not publicly stated their support for the bill. One Republican who had previously indicated she might vote for cloture (against the filibuster), Susan Collins (R-ME), dashed Democrats’ final hopes by saying she would not vote for cloture after all. “The bill would provide a clear and unfair advantage to unions while either shutting other organizations out of the election process or subjecting them to onerous reporting requirements that would not apply to unions,” says Collins spokesman Kevin Kelley. “Senator Collins believes that it is ironic that a bill aimed at curtailing special interests in the election process provides so many carve-outs and exemptions that favor some grass-roots organizations over others. This, too, is simply unfair.” Other so-called Republican moderates such as Olympia Snowe (R-ME) and Scott Brown (R-MA) have previously indicated they would not vote for cloture. Ironically, one of the “carve-outs” in the bill Schumer added was on behalf of the far-right National Rifle Association (NRA), an addition that Schumer says was made to placate Republicans. Schumer says that even if the bill does not pass now, attempts to reintroduce it will be made. The DISCLOSE Act “is one of the most important for the future of our democracy, not just for the next six months but for the next six decades,” he says. White House press secretary Robert Gibbs says: “I don’t know what the final vote will be tomorrow, but I know that you—if you had a sliver of Republicans that thought special-interest giving and corporate influence in elections was… part of the problem, then this bill would pass. Now we get to see who in the Senate thinks there’s too much corporate influence and too much special-interest money that dominate our elections and who doesn’t. I don’t know how it could be any clearer than that.” Senate Minority Leader Mitch McConnell (R-KY) retorts: “The DISCLOSE Act seeks to protect unpopular Democrat politicians by silencing their critics and exempting their campaign supporters from an all-out attack on the First Amendment (see January 21, 2010). In the process, the authors of the bill have decided to trade our constitutional rights away in a backroom deal that makes the Cornhusker Kickback look like a model of legislative transparency.” [Politico, 7/26/2010] The “Cornhusker Kickback” McConnell is referencing is a deal struck in late 2009 by Senate Majority Leader Harry Reid (D-NV) to win Nelson’s support for the Democrats’ health care reform package, in which Nebraska, Nelson’s state, would receive 100 percent government financing for an expansion of Medicare. [Las Vegas Sun, 12/20/2009]

Entity Tags: Harry Reid, Federal Election Commission, Charles Schumer, Ben Nelson, Barack Obama, US Supreme Court, US Senate, Susan Collins, Scott Brown, DISCLOSE Act of 2010, Olympia Snowe, Mitch McConnell, National Rifle Association, Robert Gibbs, Kevin Kelley

Timeline Tags: Civil Liberties

US Senate candidate Sharron Angle (R-NV) falsely claims that the Democratically backed DISCLOSE Act, a bill that would have imposed some disclosure regulations on corporate and union campaign financiers (see July 26-27, 2010), was passed into law. Angle is challenging Senate Majority Leader Harry Reid (D-NV). The previous day, Angle posted on Twitter that the DISCLOSE Act’s defeat was “a great victory for the first amendment.” But today, Angle joins conservative talk radio host Heidi Harris to claim that the act is actually in effect and she opposes it. Asked about her position on campaign finance, Angle says: “Well I think that the Supreme Court has really made their decision on this, they found that we have a First Amendment right across the board that was violated by the McCain-Feingold act (see March 27, 2002 and January 21, 2010). And that’s what they threw out, was those violations. The McCain-Feingold Act is still in place. The DISCLOSE Act is still in place. It’s just that certain provisions within that they found to be definitely violating the First Amendment. If we didn’t have the DISCLOSE Act there would be a lot of different things that people wouldn’t be able to find out. And certainly you can go to FEC.gov and see where Harry Reid is getting most of his money from special interests.” [Las Vegas Sun, 7/28/2010; TPMDC, 7/28/2010]

Entity Tags: Harry Reid, Sharron Angle, US Supreme Court, DISCLOSE Act of 2010

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties, 2010 Elections

Representative Alan Grayson (D-FL), speaking on MSNBC’s The Ed Show to host Ed Schultz, criticizes former President Bush while discussing a current controversy regarding a combined mosque and Islamic community center being built near the ruins of the World Trade Center. Grayson says: “If we are going to talk about 9/11, why don’t we talk about how not so much the people who died on 9/11 were disgraced by the possibility of an Islamic athletic center several blocks away; how about the fact that they were disgraced by a president who let it happen? Who went on vacation for the entire month of August after he was warned in writing that Osama bin Laden was actually finding targets in NYC and learning how to take these planes and do terrible things with them? The [warning] itself said ‘hijacking’ and they did nothing about it” (See August 6, 2001, (August 4-5, 2001), and Between August 6 and September 10, 2001). [Raw Story, 8/21/2010]

Entity Tags: Alan Grayson, George W. Bush

Timeline Tags: Complete 911 Timeline

Institute for Research & Education on Human Rights logo.Institute for Research & Education on Human Rights logo. [Source: IREHR / Facebook]The Institute for Research & Education on Human Rights (IREHR) issues a comprehensive, multi-part report on the American “tea party” movement. The report is written by IREHR vice president Devin Burghart and IREHR president Leonard Zeskind, both accomplished authors and researchers. The report examines six national organizational networks which Burghart and Zeskind say are “at the core of the tea party movement.” These six include: the FreedomWorks Tea Party; the 1776 Tea Party (“TeaParty.org”); Tea Party Nation; Tea Party Patriots; ResistNet; and the Tea Party Express. The report examines their origins, structures, leadership, policies, funding, membership, and relations with one another. [Institute for Research & Education on Human Rights, 8/24/2010]
Data Collection Methodology - The authors provide details of their data collection methodology in a separate section of the report. [Institute for Research & Education on Human Rights, 10/19/2010]
Racism, Anti-Semitism Rampant in Many (Not All) Tea Party Organizations - The report explicitly notes that “[i]t would be a mistake to claim that all tea partiers are nativist vigilantes or racists of one stripe or another.” It shows that while tea party organizations, and many media outlets, paint tea partiers as concentrated primarily on “budget deficits, taxes, and the power of the federal government,” in reality many tea party organizations are very focused on racial, nationalist, and other social issues (see January 14, 2010). The report finds: “In these ranks, an abiding obsession with Barack Obama’s birth certificate (see June 13, 2008) is often a stand-in for the belief that the first black president of the United States is not a ‘real American.’ Rather than strict adherence to the Constitution, many tea partiers are challenging the provision for birthright citizenship found in the 14th Amendment.” Many (not all) tea party organizations open their ranks “to anti-Semites, racists, and bigots,” the report finds, and in many of those organizations, the racists and bigots have leadership positions. And, it finds, white supremacist organizations routinely attend and even present at tea party rallies, “looking for potential recruits and hoping to push these (white) protesters towards a more self-conscious and ideological white supremacy.” The report notes that former Ku Klux Klan leader David Duke is trying to find money and support among tea party organizations to launch a 2012 bid for the Republican presidential nomination. The leaders of the 1776 Tea Party organization “were imported directly from the anti-immigrant vigilante organization, the Minuteman Project,” the report notes. Tea Party Nation has attracted a large contingent of so-called “birthers,” Christian nationalists, and nativists, many of whom display openly racist sentiments; some other tea party organizations have now distanced themselves from that particular group. ResistNet and Tea Party Patriots, the two largest “umbrella” organizations or networks, are also rife with anti-immigrant nativists and racists; the Tea Party Patriots have openly embraced the idea of the repeal of the 17th Amendment (see April 8, 2010). At least one group, the Washington DC-based FreedomWorks Tea Party, has made some efforts to focus its actions solely on economic issues and eschew social or religious issues; those efforts have largely failed. There is a large and disparate “schema” of racist organizations and belief systems in America, the report notes, from Nazi sympathizers to “America-first isolationists,” “scientific” racists, nativists, “paleoconservatives,” and others. Generally, the more mainstream and less extremist racist movements and persons gravitate to tea party organizations. “[T]he white nationalist movement is divided between two strategic orientations: the go-it-alone vanguardists and the mainstreamers who seek to win a majority following among white people. It is decidedly the mainstreamers, such as the Council of Conservative Citizens… who seek to influence and recruit among the tea partiers.” The same can be said of militia groups: the more mainstream of these organizations are the ones taking part in, and recruiting at, tea party events. The two—racist and militia groups—have, of course, a heavy overlap in membership and belief structures. Tea party leaders and members tend to strongly dispute evidence that their fellows espouse racist beliefs. [Institute for Research & Education on Human Rights, 8/24/2010; Institute for Research & Education on Human Rights, 10/19/2010]
Economic Beliefs Tied to Anger at Immigrants, 'Undeserving Poor' - The tea parties are most often characterized as anti-tax economic conservatives who oppose government spending; however, the report finds, “there is no observable statistical link between tea party membership and unemployment levels.… And their storied opposition to political and social elites turns out to be predicated on an antagonism to federal assistance to those deemed the ‘undeserving poor.’” Many tea party members and organizations, including some of the movement’s most visible political leaders, are openly anti-immigrant. The House’s Tea Party Caucus, led by Representative Michele Bachmann (R-MN), has a significant overlap with the members of the House Immigration Reform Caucus, led by tea party supporter Brian Bilbray (R-CA). The Immigration Reform Caucus has introduced legislation that would end the Constitution’s principle of “birthright citizenship.” The racist and anti-immigrant themes at play in many tea party organizations have dovetailed in these organizations’ attacks on President Obama as being a “non-American.” The report observes: “The permutations go on from there: Islamic terrorist, socialist, African witch doctor, lying African, etc. If he is not properly American, then he becomes the ‘other’ that is not ‘us.’ Five of the six national factions have these ‘birthers’ in their leadership; the only exception being FreedomWorks.”
'Nationalism' of Tea Parties - Most tea party organizations hark back to the Revolutionary War era and the Founding Fathers as their forebears, sometimes even dressing in 18th-century costumes, waving the Gadsden “Don’t Tread on Me” flag, and claiming that the US Constitution as written should be the touchstone of all legislative policies. However, the report notes that their “American nationalism” is hardly inclusive: “[T]heirs is an American nationalism that does not always include all Americans. It is a nationalism that excludes those deemed not to be ‘real Americans’; including the native-born children of undocumented immigrants (often despised as ‘anchor babies’), socialists, Moslems, and those not deemed to fit within a ‘Christian nation.’” The report connects the tea parties’ concept of nationalism (see October 19, 2010) back to the “America First” ideology of Father Charles Coughlin, a vocal anti-Semite and supporter of Nazism (see October 3, 1926 - 1942). The report notes: “As the Confederate battle flags, witch doctor caricatures, and demeaning discourse suggest, a bright white line of racism threads through this nationalism. Yet, it is not a full-fledged variety of white nationalism. It is as inchoate as it is super-patriotic. It is possibly an embryo of what it might yet become.”
Multi-Million Dollar Complex Heavily Funded by Right-Wing Foundations - The tea party movement presents itself as a loose confederation of ground-up, grassroots groups and organizations put together by principled citizens driven by their political and social concerns. However, the reality is that many tea party organizations are for-profit corporations and/or political action committees, with some equally well-funded non-profit corporations included in the mix. Collectively, they have succeeded at trumping the Democrats’ advantage in Web-based mobilization and fundraising.
Resurrection of 'Ultra-Conservative Wing of American Political Life' - The report finds that the tea party organizations “have resuscitated the ultra-conservative wing of American political life, created a stiff pole of opinion within Republican Party ranks, and they have had a devastating impact on thoughtful policy making for the common good, both at the local and state as well as at the federal levels.” The report finds: “The tea party movement has unleashed a still inchoate political movement by angry middle class (overwhelmingly) white people who believe their country, their nation, has been taken from them. And they want it back.” Whom they apparently “want it back” from is from non-white Americans. The report notes that the tea party slogan, “Take It Back, Take Your Country Back” is “an explicitly nationalist refrain. It is sometimes coupled with the assertion that there are ‘real Americans,’ as opposed to others who they believe are driving the country into a socialist ditch.”
Three Levels of Structure - As with most entities of this nature, there are three fundamental levels to the “tea party structure.” Some 16 to 18 percent of Americans say they have some sympathy with tea party ideals—these citizens, numbering in the tens of millions, form the outer ring of the structure. The next ring as an ill-defined group of perhaps two million activists who go to meetings and rallies, and buy literature. The core is composed of some 250,000 heavily involved members who take part in the Web-directed activities of the tea party organizations. The report focuses on this group as the hub of what it calls “tea party nationalists.” As time goes on, the tea parties continue to add members to their ranks. The Tea Party Patriots and ResistNet are, at this time, experiencing the fastest rate of growth; the report notes, “This would tend to indicate a larger movement less susceptible to central control, and more likely to attract racist and nativist elements at the local level.” The tea parties as a whole will continue to wield their influence on American political and social debates, though the tea parties may begin to splinter as some members move into the more structured Republican Party apparatus and others move towards the more extremist white nationalist organizations. The report does not include local groups not affiliated with one or the other of the national networks, and the ancillary organizations that have worked alongside the tea parties since their inception. The report notes some of these ancillary organizations as Ron Paul’s Campaign for Liberty (see August 4, 2008), Americans for Prosperity (see Late 2004), the National Precinct Alliance, and the John Birch Society (JBS—see March 10, 1961 and December 2011). The report also notes the existence of the “9-12 movement” (see March 13, 2009 and After), but does not count that as a separate network, and goes on to note that after the 2009 9-12 rally in Washington (see September 12, 2009), many 9-12 groups joined a tea party organization. [Institute for Research & Education on Human Rights, 8/24/2010]
Response - Judson Phillips, the founder of Tea Party Nation, responds to the release of the IREHR report by saying: “Here we go again. This is typical of this liberal group’s smear tactics.” Phillips does not cite examples of the report’s “smear tactics.” [Kansas City Star, 10/19/2010]

Entity Tags: National Precinct Alliance, ResistNet, Tea Party Express, US House of Representatives Immigration Reform Caucus, Tea Party Patriots, Tea Party Nation, Minuteman Project, US House of Representatives Tea Party Caucus, Michele Bachmann, Leonard Zeskind, Judson Phillips, 1776 Tea Party, Americans for Prosperity, Barack Obama, Brian Bilbray, Council of Conservative Citizens, Charles Edward Coughlin, Devin Burghart, John Birch Society, Institute for Research & Education on Human Rights, FreedomWorks Tea Party, Campaign for Liberty, David Duke

Timeline Tags: Domestic Propaganda

Liberal New York Times columnist Frank Rich writes an op-ed focusing on the billionaire Koch brothers (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, 1997, Late 2004, August 5, 2009, November 2009, July 3-4, 2010, August 30, 2010, and October 4, 2011), the oil magnates who are the driving force behind the tea party movement. Rich writes that “even those carrying the Kochs’ banner may not know who these brothers are.” Rich, using information from historian Kim Phillips-Fein’s book Invisible Hands, notes that the Kochs are the latest in a long line of behind-the-scenes corporate manipulators “who have financed the far right (see September 2010 and August 17, 2011) ever since the du Pont brothers spawned the American Liberty League in 1934 to bring down” the Roosevelt administration (see August 23, 1934 and After). “You can draw a straight line from the Liberty League’s crusade against the New Deal ‘socialism’ of Social Security, the Securities and Exchange Commission, and child labor laws to the John Birch Society-Barry Goldwater assault on [the Kennedy administration] and Medicare (see 1962 and November 1963) to the Koch-Murdoch-backed juggernaut against our ‘socialist’ president,” Rich writes. “Only the fat cats change—not their methods and not their pet bugaboos (taxes, corporate regulation, organized labor, and government ‘handouts’ to the poor, unemployed, ill, and elderly). Even the sources of their fortunes remain fairly constant. Koch Industries began with oil in the 1930s and now also spews an array of industrial products, from Dixie cups to Lycra, not unlike DuPont’s portfolio of paint and plastics. Sometimes the biological DNA persists as well. The Koch brothers’ father, Fred (see 1940 and After), was among the select group chosen to serve on the Birch Society’s top governing body. In a recorded 1963 speech that survives in a University of Michigan archive, he can be heard warning of ‘a takeover’ of America in which Communists would ‘infiltrate the highest offices of government in the US until the president is a Communist, unknown to the rest of us.’ That rant could be delivered as is at any tea party rally today.” Rich also focuses on FreedomWorks (see 1984 and After, May 16, 2008, February 16-17, 2009, February 19, 2009 and After, February 27, 2009, March 13, 2009 and After, April 2009 and After, April 14, 2009, April 15, 2009, June 26, 2009, Late July, 2009, August 5, 2009, August 6, 2009, August 6-7, 2009, August 10, 2009, August 14, 2009, August 19, 2009, August 24, 2010, September 2010, September 12, 2010 and August 17, 2011), one of the two “major sponsor[s]” of the tea party movement, along with Americans for Prosperity (AFP—see Late 2004, October 2008, January 2009 and After, February 16, 2009, February 16-17, 2009, February 17, 2009, February 19, 2009 and After, April 2009 and After, April 8, 2009, May 29, 2009, July 23, 2009, July 27, 2009, August 5, 2009, August 6, 2009, August 6, 2009, August 10, 2009, August 14, 2009, October 2, 2009, November 2009, February 15, 2010, April 15, 2010, July 3-4, 2010, August 24, 2010, August 30, 2010, September 20, 2010 and August 17, 2011). Both FreedomWorks and AFP are heavily funded by the Koch brothers. Rich writes: “Tea partiers may share the Kochs’ detestation of taxes, big government, and [President] Obama. But there’s a difference between mainstream conservatism and a fringe agenda that tilts completely toward big business, whether on Wall Street or in the Gulf of Mexico, while dismantling fundamental government safety nets designed to protect the unemployed, public health, workplace safety, and the subsistence of the elderly.” Rich writes that the Koch brothers’ agenda is “inexorably… morphing into the GOP agenda,” and points to Republican luminaries such as incoming House Speaker John Boehner (R-MO) and tea party candidates such as Rand Paul (see March 27, 2010, May 17, 2010, October 25, 2010 and After, October 26, 2010 and November 10, 2010), Sharron Angle (see January 2010, Mid-May, 2010, Mid-June 2010, June 16, 2010 and September 18, 2010), and Joe Miller (see July 19, 2010, July 23, 2010, October 17, 2010, October 17, 2010 and October 18, 2010). “The Koch brothers must be laughing all the way to the bank knowing that working Americans are aiding and abetting their selfish interests,” Rich concludes. [New York Times, 8/28/2010]

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Domestic Propaganda

The Guardian reports that American tea party organizations are working with British anti-tax groups, teaching the British to emulate their mass-protest techniques. The Taxpayers’ Alliance (TPA), a British organization that stands for tax cuts and decreased government spending, is being advised by FreedomWorks (see 1984 and After, May 16, 2008, February 16-17, 2009, February 19, 2009 and After, February 27, 2009, March 13, 2009 and After, April 2009 and After, April 14, 2009, April 15, 2009, June 26, 2009, Late July, 2009, August 5, 2009, August 6, 2009, August 6-7, 2009, August 10, 2009, August 14, 2009, August 19, 2009, August 24, 2010, September 2010 and September 12, 2010), an American lobbying organization that helped found and organize the tea party movement. Today a group of libertarian tea party leaders take part in a London conference with their British and European counterparts, calling their activities “an insurgent campaign” against the US government’s taxation and spending policies. British groups believe they can import tea party tactics to help expand their influence. “You could say our time has come,” says TPA founder Matthew Elliott, whose group has swelled to some 55,000 members. “Take the strikes on the London underground this week and how much they annoyed and inconvenienced people. Couldn’t we get 1,000 people to protest that? We need to learn from our European colleagues and the tea party movement in the US.… It will be fascinating to see whether it will transfer to the UK. Will there be the same sort of uprising?” FreedomWorks consultant Terry Kibbe says she wants to help mobilize British “grassroots” activists in much the same way her organization did in the US, by working through established right-wing lobbying groups to produce campaign materials, train community organizers, and pay for television advertisements. “We have been working to identify groups in Europe that would be amenable to becoming more activist-based, thinktanks that could start activist wings,” she says. “We have worked with the Taxpayers’ Alliance, in Austria and in Italy, and we want to do more.” Another lobbying group heavily involved in the tea party movement, Americans for Prosperity (AFP—see Late 2004, October 2008, January 2009 and After, February 16, 2009, February 16-17, 2009, February 17, 2009, February 19, 2009 and After, April 2009 and After, April 8, 2009, May 29, 2009, July 23, 2009, July 27, 2009, August 5, 2009, August 6, 2009, August 6, 2009, August 10, 2009, August 14, 2009, October 2, 2009, November 2009, February 15, 2010, April 15, 2010, July 3-4, 2010, August 24, 2010, August 30, 2010, September 20, 2010 and August 17, 2011), is also involved in the outreach effort. AFP leader Tim Phillips says: “In the US there is a growing consciousness of the effect of government spending and debt on their own prosperity. It strikes me that many Britons are coming to the same conclusion.” Other right-wing organizations that have funded the London conference include the Ronald Reagan Presidential Foundation, the Cato Institute, and the Heritage Foundation. Representatives from Philip Morris and Imperial Tobacco, along with a British think tank that opposes climate change research, the Global Warming Policy Foundation, take part in the conference. “We need to reach out to a broader audience,” says Barbara Kohn, secretary general of the Hayek Institute in Vienna, one of Europe’s leading low tax campaigners that has also worked with FreedomWorks. “We need to come from various angles. We have all seen what our friends in the tea party movement, and their march, have achieved.” [Guardian, 9/9/2010]

Entity Tags: Heritage Foundation, Cato Institute, Barbara Kohn, Americans for Prosperity, Global Warming Policy Foundation, The Guardian, Tim Phillips, Taxpayers’ Alliance, Imperial Tobacco, Matthew Elliott, Terry Kibbe, FreedomWorks, Philip Morris, Ronald Reagan Presidential Foundation

Timeline Tags: Domestic Propaganda

An anti-health care reform sign at the 9/12 rally depicting President Obama as a witch doctor, and combining the Obama 2008 campaign logo with the Soviet hammer and sickle.An anti-health care reform sign at the 9/12 rally depicting President Obama as a witch doctor, and combining the Obama 2008 campaign logo with the Soviet hammer and sickle. [Source: CNN]A large number of “tea party” activists and followers gather at the Washington Monument for a march and a rally. The protest rally, organized by the lobbying organization FreedomWorks and a number of national and local tea party organizations, is designed to show the size and efficacy of the “tea party” movement as the November midterm elections approach. Real estate broker Catherine Childers of Florida tells a reporter: “The average American has been asleep at the wheel. We think it’s time the silent majority starts speaking up.” “Today we are gathering to remind Congress and the president that we are fed up with their big-government policies,” says Brendan Steinhauser, a FreedomWorks spokesman. “They have ignored independent voters and have continued to spend our tax dollars in a wasteful and inefficient way. Because the bailouts and the growth of the federal government have continued, we are now more determined then ever to replace those in power with leaders that will put an end to the failed economic policies of the current Congress.” The featured speakers include FreedomWorks head Dick Armey, the former Republican House majority leader; Representative Mike Pence (R-IN); and conservative bloggers Andrew Breitbart and Erick Erickson. The rally is associated with the “9/12 Movement” promoted by Fox News host Glenn Beck, but Beck is not at this rally; he held a rally of his own two weeks ago. Whereas Beck’s rally deliberately toned down political rhetoric, this rally is determinedly political. Initial estimates show that the number of protesters is far smaller than the number who attended a similar rally a year ago (see September 12, 2009). Reporter Evan McMorris-Santoro, writing for the progressive news blog Talking Points Memo, writes that he sees “[a]bout five” minority members on stage and none in the crowd. [Washington Post, 9/12/2010; TPMDC, 9/12/2010; TPMDC, 9/12/2010] Some of the signs carried by rally participants include comparisons between “Obamacare” and “slavery”; threats to “burn your Koran” and the launch of “Quiet Jihad” against Muslims; references to “Imam Obama”; claims that Obama and Congressional Democrats are “traitors” who should be executed; claims that Obama is a Communist; and one poster that depicts Obama as a number of African-American personages, including rappers, Jesus Christ, and TV’s “Steve Urkel.” [Tea Party Tracker, 9/12/2010]

Entity Tags: Dick Armey, Brendan Steinhauser, Barack Obama, Andrew Breitbart, Catherine Childers, Erick Erickson, Evan McMorris-Santoro, Mike Pence, Glenn Beck, FreedomWorks

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties, 2010 Elections

Nevada Republican Sharron Angle, running for the US Senate against Harry Reid (D-NV), urges her supporters in Utah to “take out” Reid. In January, Angle told a conservative radio host that someone should “take him [Reid] out” by “Second Amendment remedies,” which most observers took to mean by the use of firearms (see January 2010). Angle later withdrew her statement and said she meant “take him out of office” (see June 30, 2010). She said she had “changed her rhetoric” and would not use the term again. Angle restates her comment to say she wants to “defeat” Reid in the November election: “In Nevada, we understand we have the opportunity to take out—to defeat,” she says, drawing laughter. “I really have had to find a whole new vocabulary since the primaries.… The first thing we need to do is to defeat Harry Reid. That defeat will send a shock wave through Congress. It will let them know that this train is coming. They can either get on board or get run over by it.” Angle’s speech is part of a larger conference called “Utah United” that draws some 400 conservatives from Utah and the surrounding area, many of whom are self-described “tea party” members. The conference is sponsored by, among others: the far-right extremist John Birch Society (see March 10, 1961 and December 2011), the Eagle Forum, the National Center for Constitutional Studies, and the Utah Farm Bureau. Angle is one of several hard-right GOP candidates at the conference. She has the support of the national Tea Party Express, Eagle Forum founder Phyllis Schlafly, and the Club for Growth, a conservative group credited with aiding the ouster of incumbent US Senator Bob Bennett (R-UT) in last spring’s GOP primary. (Last summer, Angle said that Bennett had “outlived his usefulness” to the Republican Party.) Reid campaign spokesman Jon Summers says that Angle is “trolling for support anywhere she can get it because she’s not getting it from Nevadans. While she’s seeking every out-of-state endorsement she can get, Senator Reid has the support of more than 200 Nevada Republican leaders as well as law enforcement and business leaders, just to name a few. Nevadans are rejecting Sharron Angle because of her extreme agenda to kill Social Security, privatize the Veterans Administration, and ship 77,000 tons of nuclear waste to Yucca Mountain, just outside of Las Vegas.” Of Angle’s urging that someone “take out” Reid, Angle campaign spokeswoman Lee Rech says the statement “was just a slip.” Angle meant that she hoped to “retire” Reid from the Senate. [Salt Lake Tribune, 9/18/2010; Huffington Post, 9/19/2010]

Entity Tags: Utah Farm Bureau, Tea Party Express, Phyllis Schlafly, Robert F. (“Bob”) Bennett, Harry Reid, Eagle Forum, Club for Growth, John Birch Society, Sharron Angle, Jon Summers, National Center for Constitutional Studies

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Former President Bill Clinton warns that the “tea party” movement is led, not by grassroots organizers and ordinary Americans, but by “people backing ultra right-wing corporate interests” who have been pushing the same agenda “for the last 30 years” (see May 16, 2008, August 2008, February 19, 2009, February 27, 2009, March 2, 2009, March 13, 2009 and After, March 23-24, 2009, April 2009 and After, April 6-7, 2009, April 8, 2009, April 14, 2009, April 15, 2009, April 16, 2009, May 13-14, 2009, July 23, 2009, July 24, 2009, August 4, 2009, August 5, 2009, August 5, 2009, August 6, 2009, August 6-7, 2009, August 10, 2009, August 10, 2009, August 11, 2009, August 11, 2009, August 11, 2009, August 12, 2009, August 28, 2009, July 3-4, 2010, and August 30, 2010). Clinton has advised Democrats to “listen to the tea party” because many of its supporters are “people who feel the middle class has been hosed… by big business and government.… There are a lot of real people in this tea party movement that are saying something everyone should hear—which is: ‘Seems like everyone but average Americans are doing all right here. The people that caused the financial crisis are all back in great shape.’” Clinton expresses his “sympathy” for the members, but draws a sharp distinction between the “tea party” rank and file and its leadership. “The problem is that if you look at the financial energy behind the tea party movement, it’s not about restricting abuse of big public and private power,” Clinton says. “It’s about destroying the role of government in our life so that private centers of power will be untrammeled, and I don’t think that’s good for average Americans.” Democrats should listen to “tea party” members, but Clinton warns against letting their rhetoric “cloud their judgment.” If Republicans take back the House of Representatives in November 2010, Clinton warns that that body will spend most of its time launching pointless, politically-driven investigations into the White House. The nation will experience “two years of unrelenting investigations into the White House, staff, and cabinet,” he says. That is how President Obama will be “rewarded” by Republicans for not investigating alleged Bush administration wrongdoing, he adds. [Politico, 9/20/2010; Salon, 9/21/2010]

Entity Tags: William Jefferson (“Bill”) Clinton, Obama administration

Timeline Tags: Domestic Propaganda

The Tea Party Patriots (TPP—see August 24, 2010), one of the most influential of national “umbrella” tea party organizations, announces the receipt of a $1 million donation for get-out-the-vote (GOTV) efforts. The TPP refuses to disclose the name of the donor. Two thousand eight hundred local tea party groups are eligible for money from the grant, and the TPP says it will distribute all of the monies by October 4. TPP’s Mark Meckler says: “This particular fund is intended to be applied for and spent by the [November midterm] election. The people who get the grants are required to spend them by election day.” TPP policy advisor Ernie Istook, a former Republican congressman, calls the donation “fertilizer for the grassroots.” Istook continues: “If you have a lawn, you water it, you tend to it, you weed it. That’s what’s happening here. And it is unique. I can’t think of anything quite like it happening before.” The TPP has said it will not endorse particular candidates for office, unlike another “umbrella” tea party organization, Tea Party Express and that group’s affiliated PAC. TPP official Jenny Beth Martin says the money is not to be used to endorse or attack individual candidates. Instead, she says: “What we’re doing is what our 2,800 local groups on the ground have been asking us to do. We’re not taking advantage of a loophole. What we’re making sure is that we support the local organizers on the ground.” Meckler adds, “We want to make sure people are out there voting for fiscal responsibility.” However, as the elections approach, tea party groups begin speculating where exactly the money is going. The TPP consistently refuses to disclose what groups receive money, or how much is disbursed. Dee Park of the Moore Tea Citizens in Moore County, North Carolina, is one who wonders about the money. “We wrote what we thought was a terrific proposal, but they didn’t fund it,” she says. No one from the TPP has contacted Park to inform her that her proposal was turned down. Appeals from other tea party groups asking for information about the money disbursement have been ignored—though the TPP regularly sends out appeals for more donations. Rhode Island tea party organizer Marina Peterson is in a similar position to Park; she submits a proposal for five groups in her area, but never hears anything from the TPP. Asked by a reporter if she knows who is receiving grants, she replies, “Wouldn’t we all like to know?” She says she was concerned from the outset about the anonymous nature of the donation, telling the reporter: “How do we know we want to take that money if we don’t know who the person is? What if it was [liberal billionaire] George Soros?” (see January - November 2004) Peterson says that every political organization, including the TPP and local tea parties, should be upfront and transparent about their funding. She recalls asking Meckler via email about the grant, and says that “[h]e went completely on the defensive when I asked him about it.” Meckler later tells Peterson that the TPP would not release information about the grant recipients to “shield” them from any controversy associated with the donation. Two groups do admit to receiving donations. The Chico Tea Party in California received $5,000, which it says it is spending on buying advertising on highway billboards. And the Nevada County, California, Tea Party Patriots received $10,000, which it says it is spending on billboards and newspaper ads. The Nevada County organization is headed by Stan Meckler, Mark Meckler’s father. The Chico organization says 12 groups in California have received money, though it does not disclose their names. Arizona tea partiers say they have used grant money to buy radio and billboard ads, but refuse to disclose amounts. And the TPP’s Florida coordinator Everett Wilkinson says his South Florida Tea Party received funding, but refuses to disclose an amount. Reporter Stephanie Mencimer writes: “This scuffle over the secret donation is symbolic of the internal conflict within the tea party movement. There are tea party activists who believe the movement’s rhetoric about transparency and accountability. But the movement also includes leaders and others who are willing to engage in and tolerate the funny-money games of business-as-usual politics. With the elections likely to enhance the political clout of the tea party movement, this tension between principles and practices is likely to intensify. After all, can tea partiers really claim they are ‘we the people’ when they are being subsidized by secret millionaires and guided by leaders who refuse to be accountable to those very people?” [Slate, 9/21/2010; Mother Jones, 11/1/2010] The donation is later shown to come from Republican financier Raymon F. Thompson, a former CEO who has provided Meckler and Martin with a luxurious private jet which they are using to fly around the country (see October 28, 2010).

Entity Tags: George Soros, Everett Wilkinson, Dee Park, Chico Tea Party, Stephanie Mencimer, Stan Meckler, Tea Party Patriots, Ernest Istook, Mark Meckler, Marina Peterson, Jenny Beth Martin, South Florida Tea Party, Raymon F. Thompson, Nevada County, California Tea Party Patriots

Timeline Tags: Civil Liberties

The reclusive but highly influential Charles Koch, of the Koch brothers oil empire (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, and August 30, 2010), pens an 18-page memo inviting some 210 wealthy American corporate and political leaders to a meeting with him and his brother David at the exclusive Rancho Las Palmas resort in Rancho Mirage, California, in January 2011. The theme is how to “combat… the multitude of public policies that threaten to destroy America as we know it… it is up to us to combat what is now the greatest assault on American freedom and prosperity in our lifetimes.… We must stop—and reverse—this internal assault on our founding principles.” The meeting will help plan how to use the prospective Republican gains in the November 2010 elections to “foster a renewal of American free enterprise and prosperity.” The memo references a June 2010 meeting in Aspen, Colorado, where strategies to manipulate and influence the 2010 elections were codified (see June 26-28, 2010). “In response, participants committed to an unprecedented level of support,” Koch writes. He includes the program from the June 2010 meeting. [Think Progress, 8/23/2010; Koch, 9/24/2010 pdf file]

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

Timeline Tags: Civil Liberties

Fred Wertheimer of Democracy 21, an organization devoted to stricter campaign finance reform, writes an impassioned op-ed about the deleterious effects of unchecked corporate money pouring into elections as a result of the Citizens United decision (see January 21, 2010). Wertheimer is also angry about the success of recent Republican efforts to block passage of the DISCLOSE Act, which would have required some accountability for corporate and union donors (see July 26-27, 2010). Wertheimer begins by tracing how drastically the landscape of campaign finance has changed: In 2000, when Congress passed legislation restricting the ability of so-called “527” groups to affect federal elections, the laws passed with heavy bipartisan support (see 2000 - 2005 and June 30, 2000). Only six Republican senators, including current Senate Minority Leader Mitch McConnell (R-KY), voted against the legislation. Last week, when the Senate voted down the latest iteration of the DISCLOSE Act, McConnell led the Republican efforts against the bill, and all 38 GOP senators voted against it. (The latest version of the DISCLOSE Act failed to reach the Senate floor, as Democrats were unable to break a Republican filibuster against the bill.) Wertheimer writes, “Senate Republicans went from 89 percent support for campaign finance disclosure in 2000 to 100 percent opposition to campaign finance disclosure in 2010.” Wertheimer goes on to write: “Ten years after Congress passed campaign finance disclosure for 527 groups by overwhelming bipartisan votes, the campaign finance disclosure issue hasn’t changed nor has the national consensus in the country in favor of disclosure; the votes of Senate Republicans, however, have changed. In 2000, Senator McConnell was a lonely Senate Republican voice against campaign finance disclosure. In 2010, Senator McConnell had 38 Republican Senators voting in lockstep with him to block campaign finance disclosure and to deny citizens information they have a basic right to know.” [Huffington Post, 9/28/2010]

Entity Tags: Fred Wertheimer, Mitch McConnell, DISCLOSE Act of 2010

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

American Future Fund logo.American Future Fund logo. [Source: American Future Fund / Talking Points Memo]Three citizen watchdog and pro-campaign finance groups, the Center for Media and Democracy, Protect Our Elections, and Public Citizen, allege that the tax-exempt nonprofit group American Future Fund (AFF) is violating tax law by operating primarily as a political advocacy group. AFF was founded and is operated by Nick Ryan, a former campaign advisor for former Senator Rick Santorum (R-PA) and former Representative Jim Nussle (R-IA), and the head of a political consulting firm, the Concordia Group. Ryan also founded a pro-Santorum “super PAC” called the Red, White and Blue Fund. State Senator Sandra Greiner (R-IA) and prominent Iowa Republican Allison Dorr Kleis serve as the organization’s directors. The group states that it advocates for “conservative and free market ideals.” The New York Times will later confirm that Bruce Rastetter, co-founder and CEO of Hawkeye Energy Holdings, a large ethanol company, provided the seed money for AFF in 2008. Investigations by the Center for Public Integrity will also show that the Pharmaceutical Research and Manufacturers of America (PhRMA) contributed $300,000 to the organization in 2010. The group also received $2.44 million from another 501(c)4 group, the American Justice Partnership, which advocates for “tort reform,” and over $11 million from the Center to Protect Patients’ Rights, another 501(c)(4) organization. The Times will find that AFF-supported candidates win 76 percent of the time, making the group “one of the most effective outside spending groups of the 2010 election cycle.” The law allows 501(c)4 groups (see 2000 - 2005) such as AFF to operate without taxation or legal scrutiny as long as they spend the bulk of their resources on “further[ing] the common good and general welfare of the people of the community” and not political advocacy. Moreover, federal election law provides that if a group’s major purpose is electioneering and it spends at least $1,000 to influence elections, it must register as a political action committee (PAC). A New York Times analysis recently showed that AFF spent 56 percent of its television budget on political advertising, and so far has spent $8.8 million on television ad buys. Its ads attack Democratic candidates in Indiana, Iowa, New Mexico, and West Virginia, and expressly tell voters to cast their ballots against these candidates. And the organization’s Web site says it exists to “target… liberal politicians.” The group says it plans to spend as much as $25 million on the 2010 elections. In a press release, Public Citizen says that AFF, “a conservative nonprofit group pouring money into the 2010 midterm elections, appears to be violating campaign finance law.” The three groups file a complaint with the Federal Election Commission (FEC) asking it to decide whether AFF has violated the tax code. If so, AFF would be forced to re-register as a PAC and be subjected to more disclosure requirements, particular who donates to the organization and how much they donate. Craig Holman of Public Citizen says: “American Future Fund is pulling out the stops to ensure that Republicans are elected this November. That imposes on the group the legal duty to register with the FEC and disclose exactly who is funding all those expenditures.” Protect Our Elections spokesperson Kevin Zeese says: “In this first post-Citizens United (see January 21, 2010) election, corporations and their executives are testing the limits of the law and crossing over into illegality. They cross the line when they use nonprofit groups to urge people to vote ‘for’ or ‘against’ a specific candidate. Political committees violate the law when they accept anonymous contributions for their work. These violations of federal election and tax laws need to be challenged now; otherwise we will see even more anonymous corporate donations trying to illegally manipulate voters into voting against their own interests in future elections.” And Lisa Graves of the Center for Media and Democracy says: “Groups spending millions to attack Americans running for office should not be able to use their tax-free status to hide the truth about which fat cats are behind their ads. Voters have a right to know which corporations or millionaires are laundering their profits through nonprofits like the American Future Fund, whose main business seems to be electioneering. We have joined this complaint to demand that the law be enforced and the truth be told.” [Center for Media and Democracy, Protect Our Elections, and Public Citizen, 10/12/2010 pdf file; Public Citizen, 10/20/2010; Mother Jones, 1/28/2011; iWatch News, 6/21/2012] AFF will continue to operate as a 501(c)4 group in spite of the FEC complaint, and will continue to spend heavily on anti-Democratic ads, many of which will be proven to be false by organizations such as FactCheck (.org). More complaints will be filed against the organization, including a February 2011 IRS complaint by Citizens for Responsibility and Ethics in Washington (CREW). [iWatch News, 6/21/2012]

Entity Tags: Center to Protect Patients’ Rights, Red, White and Blue Fund, Center for Public Integrity, Bruce Rastetter, American Justice Partnership, American Future Fund, Allison Dorr Kleis, Public Citizen, Protect Our Elections, Sandra Greiner, Nick Ryan, Federal Election Commission, Kevin Zeese, Craig Holman, Citizens for Responsibility and Ethics in Washington, Concordia Group, Center for Media and Democracy, Pharmaceutical Research and Manufacturers of America, New York Times, Lisa Graves

Timeline Tags: Civil Liberties

A conservative super PAC, American Action Network (AAN), launches a $19 million advertizing blitz against Democrats in 22 House districts. AAN was founded by former US Senator Norm Coleman (R-MN) and former Nixon administration official Fred Malek. AAN has already pumped $5 million into races featuring Republican Senate candidates. Founded in February, the group was formed, according to Malek, to “counter what the labor unions are doing on the Democratic side.” The group is split into two parts: the Action Forum, a 501(c)(3), which allows donations to be tax-deductible but limits political activities, and the Action Network, a 501 (c)(4), in which contributions are not deductible or disclosed but the group can advocate for political causes. AAN president Rob Collins says: “This Democrat-controlled Congress has already voted for higher taxes and promises next month to raise taxes on America’s families and businesses. This is simply unacceptable and something we wanted to call attention to.” AAN is part of a larger network of conservative super PACs (see March 26, 2010), including American Crossroads, that plans to spend as much as $50 million on Congressional races. AAN shares office space with American Crossroads. [Politico, 10/13/2010; New York Times, 10/17/2010; CT Mirror, 10/17/2010]
Objectionable Ads - The AAN ads airing in Connecticut draw fire after accusing Democrats Christopher Murray (D-CT) and Jim Himes (D-CT) of voting to provide free health care to illegal immigrants and Viagra to sex offenders. Murray accuses AAN of being linked to a number of Republicans in the Bush administration, and asks who is providing the money for the ads. Campaign finance law allows the donors to organizations such as AAN to remain anonymous. “This is one of the biggest TV buys this district has ever seen,” Murphy says. “And what we deserve to know is who is standing behind it. I want to know. I think that’s what the voters want as well.… These ads on TV right now, fronted by a shadowy, anonymous group of billionaire donors and multi-national corporations are a clear sign of what the difference is in this election.” An AAN spokesman refuses to discuss the finances behind the organization, saying only: “What we do is we comply with the letter of the law. That’s all we have to offer about that.” Murray calls the ad’s allegations “laughable.” Both claims have been debunked by independent fact-checking organizations, though Murray’s opponent Sam Caligiuri (R-CT) says the ad’s content is “verifiable,” and says even if the ad is questionable, Murray has told lies of his own about Caligiuri.
AAN Co-Founder Involved in Criminal Activities as Nixon Administration Official - CT Mirror notes that Malek, a Wall Street millionaire and the co-founder of AAN, was not only a member of the Nixon administration (whose crimes and excesses concerning the Watergate scandal led to a round of campaign finance reforms—see 1974 and May 11, 1976), but was also involved in a recent investment scandal. The New York Times goes further in its examination of Malek, noting that he was heavily involved in the 1972 “Townhouse operation” that raised illegal corporate cash in so-called “slush funds” and distributed the monies in key Senate races (see December 1, 1969, Early 1970, March 23, 1971, and August 18, 1974). Malek, the White House personnel chief in 1972, helped dispense illegal patronage deals to Nixon donors and served as deputy director of CREEP (the Committee to Re-Elect the President), an organization heavily involved in criminal activities. And the liberal news Web site Think Progress notes that Malek was the Nixon administration’s unofficial “Jew counter” (see July 3, 1971 and September 1971) and was part of the administration’s illegal persecution of Jews who worked in the federal government. During the Watergate investigation, Malek admitted that some of CREEP’s activities might have “bordered on the unethical.” Malek worked with American Crossroads co-founder Karl Rove during the Nixon administration, when Rove worked to re-elect Nixon as the executive director of the College Republican National Committee. Malek is a member of the Weaver Terrace Group, an informal amalgamation of Republican strategists from “independent” groups who regularly meet, trade political intelligence, and make joint fund-raising trips. The group is named after the street where Rove used to live. Former Watergate prosecutor Roger Witten says: “It creates all the appearances of dirty dealings and undue influence because our candidates are awash in funds the public is ignorant about. This is the problem that was supposedly addressed after Watergate.” [New York Times, 10/17/2010; Think Progress, 10/18/2010]

Entity Tags: Jim Himes, Christopher Murray, CT Mirror, American Crossroads, American Action Network, Fred Malek, Weaver Terrace Group, Sam Caligiuri, Committee to Re-elect the President, Think Progress (.org), Nixon administration, Rob Collins, Norm Coleman, Roger Witten, Karl C. Rove, New York Times

Timeline Tags: Civil Liberties

East German guards carry the body of a slain child back over the border, in this undated photo.East German guards carry the body of a slain child back over the border, in this undated photo. [Source: Ben and Bawb's Blog (.com)]Alaska candidate for US Senate Joe Miller (R-AK) tells a crowd at a town hall meeting in an Anchorage middle school that the US should emulate the effectiveness of the former East German border control system to keep illegal immigrants out. A Miller supporter asks Miller how he thinks the US should stop illegal immigrants. Miller responds that the way to stop illegal immigration is to build a fence at the border (he does not say the northern or southern border), and cites the effectiveness of the East Germans in controlling their borders. East Germany, under Soviet control, built the infamous Berlin Wall, and hundreds of people were killed by East German border patrol officials trying to sneak out of East Germany into West Germany. Miller says he got a first-hand look at the barbed wire and concrete divide as a West Point cadet when he was sent to the Fulda Gap near Frankfurt, “when the wall was still up between East and West Germany.” Miller says, “East Germany was very, very able to reduce the flow.” Perhaps referring to the machine gun nests on and around the wall, and the border guards with standing orders to shoot to kill, Miller adds: “Obviously there were other things that were involved, but we have the capacity as a great nation to obviously secure our border. If East Germany could do it, we could do it.” [Anchorage Daily News, 10/18/2010] After the town hall event, a group of Miller’s private security guards forcibly detain and handcuff a reporter who attempts to question Miller (see October 17, 2010).

Entity Tags: Joseph Wayne (“Joe”) Miller

Timeline Tags: Domestic Propaganda

Campaign spending by outside “independent” organizations on Congressional races currently stands at $147.5 million, a 73 percent rise from two years ago, according to information from the nonpartisan Campaign Finance Institute (CFI). In mid-October 2008, Congressional election spending by outside groups was at $85.3 million. In 2006, that number was $32 million. The spending dramatically favors Republicans, with groups supporting GOP candidates spending $105.5 million and groups supporting Democrats spending $42 million. According to the press, the huge spike in spending is traceable to the Citizens United decision that allows corporations and labor unions to spend unlimited funds in campaign activities (see January 21, 2010). The CFI notes that the record-breaking spending “is before the traditionally heavy-spending final weeks of the campaign.” [McClatchy News, 10/18/2010]

Entity Tags: Campaign Finance Institute

Timeline Tags: Civil Liberties, 2010 Elections

A protester outside a Kentucky Senate campaign event is thrown to the ground and stomped by the candidate’s supporters.A protester outside a Kentucky Senate campaign event is thrown to the ground and stomped by the candidate’s supporters. [Source: Huffington Post]Several supporters of Kentucky Senate candidate Rand Paul (R-KY) throw Lauren Valle, a supporter of Paul’s opponent, Jack Conway, to the ground and deliberately stomp her head. The entire incident, which takes place minutes before a debate between Paul and Conway, is caught on camera; videos of the incident are quickly posted on the Internet. The incident occurs shortly after Valle, a member of the liberal political activism group MoveOn.org, pushes her way through a crowd of Paul supporters to approach Paul while he is still in a vehicle approaching the debate. Valle is wearing a blonde wig and carrying a sign that reads, “Rand Paul Republicorps: Member of the Month,” and her intention is to either present Paul with a mock “employee of the month award” from the fake “Republicorps” (misidentified in some news reports as “Republicore”) for his alleged support of large corporations, or to be photographed holding the sign near him. Initially, Valle is blocked from approaching Paul by a security guard and several Paul supporters. Some of the supporters pursue Valle around parked cars, until one of them trips her and sends her falling to the ground. Another supporter yanks the wig from her head. While she is down, two supporters hold her to the ground while a third stomps on her head, shoulder, and neck. While the incident is occurring, others in the crowd shout, “Get the cops!” A Lexington police spokesman will later say his department had not anticipated any violence at the debate. The spokesman, Lieutenant Edward Hart, says, “She [Valle] worked for MoveOn.org—was a contract employee sent to the debate with MoveOn.org for the purpose of getting a picture with Dr. Paul with the sign.” Valle initially refuses medical treatment, but is later hospitalized and diagnosed with a concussion and multiple sprains. She will later file an assault charge against at least one of her assailants. [Kentucky Post, 10/25/2010; Huffington Post, 10/25/2010; Louisville Courier-Journal, 10/25/2010; New York Daily Post, 10/26/2010; TPMDC, 10/26/2010; Lexington Courier-Journal, 10/27/2010] Joshua Green, a senior editor of the Atlantic Monthly, calls the attack “truly awful.” [Atlantic Monthly, 10/25/2010] Police spokeswoman Sherelle Roberts says, “[A]t this point there doesn’t seem to be anything to justify how this incident unfolded.” [TPMDC, 10/26/2010]
Lauren Valle's Account of the Incident - Valle later tells a reporter that she has been to other Paul campaign events, and says Paul’s staff members have “expressed their distaste for my work before.” She calls the assault “premeditated,” and explains: “[A]bout five minutes before Rand Paul’s car arrived they identified me and my partner, Alex [Giblin], who was with me. They surrounded me. There was five of them. They motioned to each other and got behind me. My partner Alex heard them say, ‘We are here to do crowd control, we might have to take someone out.’ When Rand Paul’s car arrived a couple of them stepped in front of me, so I stepped off the curb to get around them to get back out front. At that point they started grabbing for me and I ran all the way around the car with them in pursuit. The footage [referring to the video of the incident posted on a number of news Web sites and blogs] is after I’ve run all the way around the car and I’m in front of the car, and that is when they took me down. One or two people twisted my arms behind my back and took me down.… It was about two to three seconds after that that another person stomped on my head. And I lay there for 20 seconds or so, and my partner Alex came and got me up, and that’s the point where there is the media clip of me speaking.” Valle later says in response to reports that she was not struck on the head: “My memory of them is sort of that of a traumatized person. I think it was my head. My head is in a lot of pain today; my neck is kind of kinked. But I distinctly remember a blow to my head.” She says she was able to give interviews to reporters immediately after the assault because the pain started in earnest about 90 minutes later. “I was in severe shock,” she says. [Huffington Post, 10/26/2010; New York Daily Post, 10/26/2010; Plum Line, 10/26/2010]
Three Paul Supporters Directly Participate in Assault - Valle’s assertion that there were “five” assailants is either inaccurate, or she is including people who chased her around the parked cars but did not throw her down and stomp her against the curb. The day after the assault, new footage is posted that clearly shows an assailant’s boot coming down forcefully on her head, neck, and shoulders. One of the two men holding Valle to the ground is wearing a “Don’t Tread on Me” button, a symbol widely associated with the “tea party” movement. [TPMDC, 10/26/2010; Bob Layton, 10/26/2010] This man is later identified by local police officials as Mike Pezzano, a Paul supporter and gun rights advocate. The other man holding Valle down is not immediately identified. [Lexington Courier-Journal, 10/27/2010; TPMDC, 10/27/2010]
Stomper Charged, Identified as Paul Campaign Coordinator and Donor - The Lexington police later identify the man who initially stomped Valle as Tim Profitt, the Paul campaign coordinator for Bourbon County. Profitt will issue an apology to Valle, though he claims the camera angle makes the assault seem more violent than it was. He will state, “I’m sorry that it came to that, and I apologize if it appeared overly forceful, but I was concerned about Rand’s safety.” Profitt will later demand an apology from Valle (see October 26-29, 2010), and will also blame the police for not intervening to keep Valle away from Paul. Police confirm that Profitt is given a criminal summons. [Huffington Post, 10/26/2010; Huffington Post, 10/26/2010; Associated Press, 10/26/2010] He will be charged with fourth-degree assault, a misdemeanor charge that carries a maximum penalty of 12 months in jail, a $500 fine, or a combination of both. [Lexington Herald-Leader, 10/30/2010] Profitt is also a campaign donor, having given approximately $1,900 to Paul’s campaign along with $600 from his wife. Paul’s campaign will later refuse to return the donation (see October 26, 2010). Profitt is later dropped as Paul’s campaign coordinator and banned from future events. Paul campaign manager Jesse Benton says, “The Paul campaign has disassociated itself with the individual who took part in this incident, and once again urges all activists—on both sides—to remember that their political passions should never manifest themselves in physical altercations of any kind.” [Associated Press, 10/26/2010; Plum Line, 10/26/2010; New York Daily News, 10/26/2010] Profitt later tells a reporter that he did not actually stomp Valle, he was merely using his foot to keep her on the ground. He cannot bend over because of back problems, he says (see October 26-29, 2010). “[I]f she can hear this,” he says, “[a]ll I was trying to do was hold her until police could get her.” He goes on to state that he believes Valle was at the rally to “hurt Rand Paul.” [WKYT, 10/26/2010]
Statements Issued - Following the incident, Paul’s campaign issues this statement: “We understand that there was an altercation outside of the debate between supporters of both sides and that is incredibly unfortunate. Violence of any kind has no place in our civil discourse and we urge supporters on all sides to be civil to one another as tensions rise heading toward this very important election. We are relieved to hear that the woman in question was not injured.” Shortly thereafter, MoveOn issues its own statement, which reads: “We’re appalled at the violent incident that occurred at the Kentucky Senate debate last night. Numerous news reports clearly show that the young woman—a MoveOn supporter—was assaulted and pushed to the ground by Rand Paul supporters, where one man held her down while another stomped on her head. This kind of violence has no place in American society, much less at a peaceful political rally. Our first concern is obviously Lauren’s health and well being. She is recovering, and we will release more details as we have them. We are concerned that no arrests have yet been made, and we hope those responsible will be brought to justice quickly, and that Rand Paul will join us in condemning this horrible act.” The next day, Paul tells a Fox News interviewer: “We want everybody to be civil. We want this campaign to be about issues. I will tell you that when we arrived there was enormous passion on both sides. It really was something where you walk into a haze of lights flashing, people yelling and screaming, bumping up. And there was a bit of a crowd control problem. I don’t want anybody though to be involved in things that aren’t civil. I think this should always be about the issues. And it is an unusual situation to have so many people so passionate on both sides jockeying back and forth. And it wasn’t something that I liked or anybody liked about that situation. So I hope in the future it is going to be better.” Conway weighs in: “I was shocked to see video footage of a Rand Paul supporter stomping the head of a woman outside the debate last night. We can disagree on issues, and I don’t know what preceded the incident, but physical violence by a man against a woman must never be tolerated. It is my hope that steps have been taken to ensure this kind of thuggish behavior never happens again in this campaign.” [Huffington Post, 10/25/2010; Plum Line, 10/26/2010] The progressive news site TPMDC reports that Paul calls for civility, but refuses to explictly condemn the attack. [TPMDC, 10/26/2010] Conway later issues the following statement: “We are still waiting for Rand Paul to apologize to the victim of this attack. A boot stomp to the head of a woman is never appropriate. Rand should apologize to her, stop blaming others, and identify the others involved in this thuggish behavior and disassociate his campaign from them immediately.” [New York Daily News, 10/26/2010]

Entity Tags: Lauren Valle, MoveOn (.org), Joshua Green, Mike Pezzano, Jack Conway, Jesse Benton, Alex Giblin, Edward Hart, Rand Paul, Sherelle Roberts, Tim Profitt

Timeline Tags: US Domestic Terrorism

Former campaign coordinator Tim Profitt (left) stands next to Senate candidate Rand Paul (R-KY) in an undated photo.Former campaign coordinator Tim Profitt (left) stands next to Senate candidate Rand Paul (R-KY) in an undated photo. [Source: Think Progress]The Rand Paul (R-KY) Senate campaign takes out a full-page ad in the Lexington Herald-Leader. The ad features the names of several supporters, including Tim Profitt, the Paul campaign coordinator who stomped the head of a helpless woman at a debate the night before (see October 25, 2010 and After). [Barefoot and Progressive, 10/26/2010] The Paul campaign will also refuse to return a $1,950 campaign donation made by Profitt. [Lexington Courier-Journal, 10/27/2010] Later, the campaign begins distancing itself from Profitt, who will be charged with assault in the incident (see October 26-29, 2010).

Entity Tags: Rand Paul, Tim Profitt

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

George Pataki speaking at a Revere America event.George Pataki speaking at a Revere America event. [Source: New York Daily News]New York City’s public advocate, Bill de Blasio, is publicly challenging former Governor George E. Pataki for using anonymous contributions to affect elections. De Blasio has managed to persuade several Wall Street firms, including Citibank, Goldman Sachs, JP Morgan Chase, and Morgan Stanley, not to donate money towards political advertising. Now he is criticizing Pataki, who as governor supported disclosure of donors but now, as chair of the political advocacy group Revere America, is using anonymous donations to fund a $1 million advertising campaign against Democrats. In a letter to Pataki, de Blasio writes that it is hypocritical for Pataki to use such donations, saying that “opposing disclosure of your contributors completely contradicts your previous actions and positions as governor of the State of New York.” De Blasio tells a reporter: “I think it’s fair to say Pataki was one of the people doing meaningful work on campaign finance and getting a lot of respect for it. And now, a decade later, he’s in the vanguard of the exact opposite. It’s an extraordinary turnaround.” The letter is also signed by seven members of New York’s Congressional delegation, all Democrats. De Blasio has had no success in persuading any of 16 groups that have spent a combined total of $22 million on campaign advertisements to disclose their donors. Paul Ryan, a lawyer for the Campaign Legal Center, says, “I think it’s entirely appropriate to ask those who are running their organizations to disclose more information.” Pataki says he still believes in disclosure, but says efforts to “boycott, to intimidate, to picket” donors contributing to Revere America have persuaded him to keep their identities secret. Pataki claims not to know which individuals or corporations may be donating to his organization, and says his entire focus is on policy (Revere America opposes health care reform). He calls de Blasio’s letter an “off-putting” act of partisan politics, and mocks de Blasio as “the person who has a job with no responsibilities.” De Blasio’s office indeed has little real power, but de Blasio has used his position as a public official to become a vocal critic of campaign finance practices. He is currently calling on Internet giant Yahoo! to eschew campaign donations, a position the corporation is considering. Ryan notes that the pledges from firms like Yahoo! or Goldman Sachs mean little, as the firms could easily donate anonymously. De Blasio says his efforts are just one part of a much larger struggle. “To me this is the first battle in a long war,” he says. “Before January, in the way of limitations and disclosure, you were fighting a very tense and difficult battle in elections, but the worst you could see from corporate America was conventional weapons. Citizens United (see January 21, 2010) introduced nuclear weapons.” [New York Times, 10/27/2010]

Entity Tags: JP Morgan Chase, Bill de Blasio, Citibank, Goldman Sachs, Paul S. Ryan, George E. Pataki, Revere America, Yahoo!, Morgan Stanley

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Katha Pollitt.Katha Pollitt. [Source: Katha Pollitt]Columnist Katha Pollitt, writing for the liberal magazine The Nation, believes that the newly elected Republican majority in the US House of Representatives will do its best to restrict abortions. Pollitt notes that when the newly elected Congress members take their seats in January 2011, there will be 53 additional anti-abortion voices in the House and five in the Senate. Some, like Senator-elect Rand Paul (R-KY) and Representatives-elect Mike Fitzpatrick (R-PA) and Tim Walberg (R-MI) oppose most methods of birth control, in vitro fertilization, and stem cell research, and join Senators-elect Marco Rubio (R-FL) and Pat Toomey (R-PA) in opposing abortions even in the cases of rape or incest. Toomey supports incarcerating doctors who perform abortions. Pollit writes, “Supporters of reproductive rights are looking at the most hostile Congress since abortion was legalized in 1973” (see January 22, 1973). Pollitt writes that in 2011, Republicans in Congress will try to:
bullet Reinstate the global gag rule, lifted by President Obama on his first day in office, which bars recipients of US foreign aid from so much as mentioning abortion in their work, and make it permanent.
bullet Pass the No Taxpayer Funding for Abortion Act, which will make the Hyde Amendment (see September 30, 1976) permanent and reinterpret it to forbid any government agency from funding any program which has anything to do with abortion. Pollitt writes: “For example, if your insurance plan covered abortion, you could not get an income tax deduction for your premiums or co-pays—nor could your employer take deductions for an employer-based plan that included abortion care. (This would mean that employers would choose plans without abortion coverage, in order to get the tax advantage.) The bill would also make permanent current bans like the one on abortion coverage in insurance for federal workers.”
bullet Pass the Title X Abortion Provider Prohibition Act, which would ban federal funds for any organization that performs abortions or funds organizations that do so. Pollitt says the aim of this legislation “is to defund Planned Parenthood, the nation’s largest network of clinics for family planning and women’s health, and in many regions the only provider within reach.”
bullet Beef up so-called conscience protections for health care personnel and hospitals.
bullet Ban Washington, DC, from using its own money to pay for abortions for poor women.
bullet Revisit health care reform to tighten provisions barring coverage for abortion care.
bullet Preserve the ban on abortions in military hospitals.
Pollitt says that the idea behind all of these legislative initiatives is not the banning of abortion, but the disallowing of taxpayer dollars to fund it. Planned Parenthood head Cecile Richards says: “This election was not about choice. The bottom line was jobs and the economy. But if you look at close races where the prochoice candidate won, and where women knew the difference between the candidates on reproductive rights, they voted prochoice and arguably made the difference.” Richards says that if Democrats want to successfully oppose Republicans on these and other legislative initiatives, they will need the active support of pro-choice women. [Nation, 11/10/2010]

Entity Tags: Katha Pollitt, Rand Paul, Marco Rubio, Mike Fitzpatrick, Cecile Richards, Barack Obama, Pat Toomey, Tim Walberg, Title X Abortion Provider Prohibition Act, US House of Representatives, Planned Parenthood, No Taxpayer Funding for Abortion Act

Timeline Tags: US Health Care

Saulius “Saul” Anuzis.Saulius “Saul” Anuzis. [Source: CBS Detroit]Former Michigan Republican Party Chairman Saulius “Saul” Anuzis (R-MI) announces his candidacy for the chairmanship of the Republican National Committee (RNC), in a bid to replace the controversial current chairman, Michael Steele (R-MD). Anuzis currently chairs the Save American Jobs Project. He was unsuccessful in his 2009 bid to take the RNC chairmanship. In an email, he promises to make “fundraising my number 1 priority as chairman,” and vows “NOT… to be the voice or the face of our party. Of course I will be happy to discuss politics and elections with the media, but I won’t be competing with valuable airtime from the men and women on our ticket. Instead, I will work with our elected leaders around the country to give them maximum exposure and guarantee a consistent message that leads us to victory.” He promises to run a “tight ship” financially, and to work on behalf of whichever candidate wins the 2012 presidential primary race. [Detroit Examiner, 11/12/2010; Saul Anuzis, 11/12/2010; Wall Street Journal, 11/12/2010] Anuzis is considered to be a frontrunner in what looks to become a race with numerous possible candidates, including Steele, who intends to remain as RNC chair. [Wall Street Journal, 11/12/2010] However, Anuzis does not emphasize his support for Kyle Bristow, described by the Southern Poverty Law Center (SPLC) as a “right-wing extremist.” Under Bristow’s leadership, his organization, the Michigan State University branch of Young Americans for Freedom, was dubbed a “hate group” in 2006 by the SPLC, in large part because of Bristow’s demonstrably racist statements and actions. Among his actions as head of the MSU-YPF: insisting that the university create a “Caucasian caucus” for student government and eliminate minority caucuses; stating that gay rights groups “are complicit with murder”; sponsoring a “Catch an Illegal Immigrant Day”; holidng a “Koran Desecration” competition; joking about giving out smallpox-infested blankets to Native American students; and bringing several racist speakers to campus, including a Holocaust denier from the radical British National Party. Many members left MSU-YAF because of Bristow’s extremism, with one former member calling Bristow’s organization a haven for “racists and fascists.” In 2007, Anuzis, then the Michigan Republican Party chairman, said of Bristow after MSU-YAF’s activities had caused an eruption of outrage throughout Michigan: “This is exactly the type of young kid we want out there. I’ve known Kyle for years and I can tell you I have never heard him say a racist or bigoted or sexist thing, ever.” In recent years, Anuzis has helped shepherd Bristow’s rise in the radical right. [Southern Poverty Law Center, 11/16/2010; Think Progress, 11/19/2010] Anuzis will lose to Reince Priebus, a Wisconsin Republican Party official, after seven ballots. [National Public Radio, 1/14/2011]

Entity Tags: Michael Steele, Young Americans for Freedom, Reince Priebus, Saulius (“Saul”) Anuzis, Republican Party, Southern Poverty Law Center, Kyle Bristow

Timeline Tags: 2012 Elections

A group of Democratic donors, shaken from the defeat the party suffered in the November midterm elections, meets in a Washington hotel to discuss how to counter the huge influx of corporate spending that helped defeat dozens of Democrats and give control of the US House of Representatives back to Republicans. Outside conservative groups such as the US Chamber of Commerce, the American Action Network (see Mid-October 2010), and American Crossroads/Crossroads GPS outspent Democratic groups by more than a two to one ratio. The donors are split on whether to try to emulate their opponents by raising as much money as possible from wealthy corporations and donors, or continuing down their traditional path of funding their campaign efforts via labor unions and organizations such as the Sierra Club. If they decide to pursue corporate cash, some argue, they will be viewed as hypocrites in light of Democrats’ almost-uniform opposition to the 2010 Citizens United decision, which “opened the floodgates” for unlimited corporate and labor donations (see January 21, 2010). One of the fundamental problems, Democrats note, is that while unions are allowed to contribute unlimited funds just as corporations do, unions, which traditionally support Democrats, are far less wealthy than their corporate counterparts. And despite record-breaking fundraising by the Obama presidential campaign in 2008, most corporations donate to Republicans. The donors are not expected to come up with simple answers as they begin to strategize for 2012, where Republicans are expected to raise and spend an unprecedented half-billion dollars trying to defeat President Obama. Moreover, the White House has sent decidedly mixed messages on the subject. During the 2008 race, the Obama campaign instructed an independent progressive “527” PAC, the Fund for America, to shut down its operations after it began releasing attack ads against Obama’s opponent, Senator John McCain (R-AZ). The Obama campaign did not want independent organizations conducting their own operations, but wanted full control of the campaign message. And campaign leaders said they wanted to win with small individual contributions from ordinary citizens, not with massive corporate donations. The White House’s opposition to such outside funding continued through 2010, and as a result, corporate donations to Democratic-supporting groups were far outstripped by Republican donations. Since then, Obama’s top political advisor David Axelrod has indicated the White House would support liberal donors’ independent efforts to counter Republican political donations, but many Democratic donors still believe the Obama administration is not fully behind those efforts. A Democratic strategist who refuses to be identified says: “By and large, the political people in the Obama firmament really have disdain for outside groups. They think they whine and snivel and make all these demands and don’t produce very much.” Some liberal donors and organizations are ignoring the resistance from the White House and making their own plans, such as David Brock, the founder of Media Matters for America (MMFA), who is considering forming his own 527 (see 2000 - 2005) for 2012. Another Democratic activist, Joan Fitz-Gerald of the umbrella group America Votes, says Democrats cannot depend on the courts or Congress to rein in corporate spending, noting that Congressional Democrats failed to get the DISCLOSE Act, a campaign finance reform measure, to the floor of the Senate for a vote (see July 26-27, 2010). Fitz-Gerald says Democrats must adapt to the new political landscape or risk another trouncing in 2012. However, she recommends working through existing progressive organizations more than using hastily formed PACs and 527s funded by one or two wealthy sources. Unions and environmental groups have large, citizen-based funding sources, whereas Republican organizations are often funded by a small group of wealthy donors who bankroll numerous such organizations. Those organizations, she says, lack credibility with voters. The traditional grassroots-based organizations, she says, “are trusted messengers, whether they’re a union that someone belongs to or a group that people have been a member of for many years. At some point the American people, as they see these ads pushing this right-wing agenda, they’re going to ask: ‘Who are these people? What’s the goal of American Crossroads?’” But the funding garnered by the right made the difference in the 2010 elections, Democratic donors agree. Mike Palamuso of the League of Conservation Voters recalls, “For every $500,000 we spent, it felt like American Crossroads spent another $5 million.” Many agree with Democratic political strategist Harold Ickes, who says: “Is small money better? You bet. But we’re in a f_cking fight. And if you’re in a fistfight, then you’re in a fistfight, and you use all legal means available.” [Mother Jones, 11/15/2010]

Entity Tags: David Brock, American Action Network, America Votes, American Crossroads, David Axelrod, US House of Representatives, Sierra Club, Harold Ickes, Joan Fitz-Gerald, US Chamber of Commerce, American Crossroads GPS, Mike Palamuso, Obama administration

Timeline Tags: Civil Liberties

Democrats in Congress are contemplating using the Constitutional amendment process to overturn the controversial Citizens United ruling by the Supreme Court that allows unlimited corporate spending on elections (see January 21, 2010). A new poll from Public Polling Policy as commissioned by the Progressive Change Campaign Committee (PCCC) finds that a plurality of voters would support such an amendment. Forty-six percent of voters surveyed agreed that “Congress should consider drastic measures such as a Constitutional amendment overturning the recent Supreme Court decision allowing unlimited corporate spending in elections.” Thirty-six percent disagreed, and 18 percent had no opinion. Such an amendment would likely fail in Congress, as it would require a two-thirds majority in both chambers and then ratification by three-quarters of the states. Representative Donna Edwards (D-MD) wrote such an amendment, in draft form, the evening that the Citizens United decision was announced. Her proposed amendment reads: “The sovereign right of the people to govern being essential to a free democracy, Congress and the States may regulate the expenditure of funds for political speech by any corporation, limited liability company, or other corporate entity. Nothing contained in this Article shall be construed to abridge the freedom of the press.” She says that there have been times in American history that such amendments catch the public attention and move quickly into law. “The process is very rigorous, and it should be,” she says. “But there have been plenty of examples of amendments to the Constitution that have happened, actually, with fairly rapid-fire when they catch on.” She adds: “I really concluded that the Supreme Court actually put the challenge out to us, here in the Congress. They said, you know, you could make a judgment that this is not really good for the system, but the fact is that the Constitution doesn’t allow you to regulate this. Congress, you have no—the Court told us directly—Congress, you have no authority to regulate. And when the Court says that so directly, it only leaves us one choice.” Two prominent Senate Democrats, John Kerry (D-MA) and Max Baucus (D-MT), support the amendment. A Baucus spokesperson says, “Max is always willing to work with anyone toward the common goal of making sure Montanans’ voices don’t get drowned out by out-of-control corporate campaign donations.” PCCC co-founder Adam Green says: “It’s time to stop thinking small-bore. The solution to Citizens United is not merely disclosure, it’s to overturn Citizens United—and even last November’s Republican-skewed electorate agrees.” Edwards says that Democrats should embrace the concept that the Constitution is a political ground worth fighting on. “A lot of progressives are not accustomed to using the mechanisms of the Constitution,” she says. “The right has used—has tried to do that an awful lot of times on a whole range of different things in state legislatures and across the board. And as progressives, we’re not accustomed to doing that, and this is one instance, though, where the populist demand is there, and our energy and our policy has to match that demand and a Constitutional amendment does that.” [Huffington Post, 11/23/2010]

Entity Tags: John Kerry, Adam Green, Donna Edwards, Public Polling Policy, US Congress, US Supreme Court, Max Baucus

Timeline Tags: Civil Liberties

Rick Santorum (R-PA), currently a longshot candidate for the Republican presidential nomination, says that President Obama should oppose abortion because he is black. Santorum, who opposes abortion rights, says: “Barack Obama says no, well if that human life is not a person then.… I find it almost remarkable for a black man to say ‘now we are going to decide who are people and who are not people.’” Buzzfeed’s Andrew Kaczynski later writes of Santorum: “He’s expressing a relatively common view in anti-abortion circles: That the higher rate of abortions among African-Americans means that black Americans should be particularly hostile to the practice. It’s not an argument that’s had much traction, however, with black voters, and Santorum may not be the ideal messenger for it.” [Buzzfeed, 1/1/2012; Huffington Post, 1/1/2012] NewsOne later comments: “What Santorum implies, as have anti-abortion billboards posted in inner cities (see February 2010), is that African-Americans such as Obama should oppose abortion because they were once considered three-fifths of a person by law and not completely human. And in saying this, Santorum succeeds in belittling women’s reproductive rights and the civil rights movement.” [NewsOne, 1/2/2012]

Entity Tags: Rick Santorum, Andrew Kaczynski, Barack Obama, NewsOne

Timeline Tags: US Health Care, Domestic Propaganda, 2012 Elections

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

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

Timeline Tags: Civil Liberties

Republican presidential contender Rick Santorum (R-PA) blasts the Obama administration in what reporters term an attempt to establish himself as the Republican Party’s most conservative candidate. Speaking at the annual Strafford County Lincoln-Reagan dinner, Santorum claims that Democrats such as Barack Obama have “addicted” the nation’s poor on government “entitlements” instead of allowing them to work for a living, saying: “Close your eyes, like you’re listening to a drug dealer outside a school yard. They see entitlements as a way to make you dependent, weaker, less of a person than you are, drugging you into submission to a government who promises a high to take care of you.” Santorum also lashes out at the nation’s public schools, saying: “Just call them what they are. Public schools? That’s a nice way of putting it. These are government-run schools.” Santorum objects to Democratic attempts to increase funding for the nation’s Head Start program, calling it ineffective and a tool of Democrats to establish control over young people. He says: “They fund it more. Why? Because it brings more children into their domain. It brings more children out of the household.… Their agenda is to socialize your children with the thinking they want in those children’s minds.” Santorum home-schools his seven children; however, between 2001 and 2004, he enrolled them in Pennsylvania’s Cyber Charter School, a publicly-funded school, while he and his family lived in Virginia, and failed to pay over $100,000 in tuition fees and charges that the state and the local district were forced to absorb. Santorum now says he supports a government-funded voucher program that would allow parents to send their children to a school of their choice, or to have the government pay them to teach their children at home. “I would support anything that gets the money in who should be in control—or who should be the object—of the education system in this country,” he tells the assemblage. “And that is not the children but the parents. Because parents have the obligation to raise and educate their children.” [Politico, 3/11/2011; Mother Jones, 1/4/2012; CBS News, 2/15/2012]

Entity Tags: Obama administration, Barack Obama, Cyber Charter School (PA), Head Start Program, Rick Santorum

Timeline Tags: Domestic Propaganda

House Republicans rush a bill to the floor for a vote to eliminate all public funding of the presidential election. The bill, if passed by the Senate and signed into law by President Obama, would eliminate one of the few remaining public funding methodologies for federal elections, and, critics say, give wealthy corporate and individual donors even more influence over elections. Public financing of presidential elections was made law by the 1971 Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) and upheld by the Supreme Court (see January 30, 1976). The bill comes to a vote almost exactly a year after the Supreme Court allowed corporations and labor unions to make unlimited donations to political organizations (see January 21, 2010). The bill, HR 359, was sponsored by Representative Tom Cole (R-OK) in June 2009 and cosponsored by 17 other House members, all Republicans. It would eliminate the Presidential Election Campaign Fund and the Presidential Primary Matching Payment Account. The Republican House leadership did not hold hearings on the bill, nor allow it to be debated in committee. Representative Chris Van Hollen (D-MD) calls the bill “a sneak attack on the system,” and notes that the Republicans had pledged to observe “transparency and openness,” but instead are pushing through such a transformative bill without allowing debate. The bill passes the House on a 239-160 vote, with the Republican majority overriding the Democratic minority. Ten Democrats vote for the bill and one Republican votes against it. Senate Minority Leader Mitch McConnell (R-KY) has already introduced his version of the bill in the Senate, though Senate Democrats say the bill has no chance of passing; Senate Majority Leader Harry Reid says through a spokesperson that the bill will never be brought up for a vote. [Mother Jones, 1/24/2011; Raw Story, 1/25/2011; CNN, 1/26/2011; National Public Radio, 1/27/2011; Bloomberg, 1/27/2011]
Repair or Eliminate? - Presidential candidates who accept public funding must agree not to accept private donations in the fall campaign. Every presidential candidate from 1976 to 2008 has accepted public funding. In 2000, George W. Bush (R-TX) did not take public financing for his primary campaign, and in subsequent years no presidential nominee has taken such funding. In 2008, Barack Obama (D-IL) declined to take public financing for his general election, the first presidential nominee to do so. Republicans claim the elimination of the public funding program would save the government between $520 and $617 million over the next 10 years. Meredith McGehee, policy director at the Campaign Legal Center, says the public financing system needs to be updated. It was created in 1976, she notes, and does not reflect the needs of 21st-century candidates. Lawmakers from both parties have attempted, without success to introduce legislation to update the system. McConnell says that Americans do not believe in the PECF, citing declining public participation. The program is funded by a $3 check-off on individual tax returns; in 1980, almost 29 percent of tax returns carried the check-off, while in 2007 only 8.3 percent of tax returns checked off the donation. “In a time of exploding deficits and record debt, the last thing the American people want right now is to provide what amounts to welfare for politicians,” McConnell says. House Democrats have introduced legislation that would modify and update the PECF instead of end it. One of that legislation’s sponsors, David Price (D-NC), says, “Dare we forget what Watergate was all about?” (Price is referring to the post-Watergate origins of the PECF.) “President Nixon’s Committee to Re-Elect the President, fueled by huge quantities of corporate cash, paid for criminal acts and otherwise subverted the American electoral system. Let’s not return to the darkest days of our democracy.” [Mother Jones, 1/24/2011; CNN, 1/26/2011; National Public Radio, 1/27/2011; Bloomberg, 1/27/2011]
Obama Administration Opposes Bill - The Obama administration strongly opposes the bill, saying that the public financing system should be improved rather than eliminated. In a statement, the White House says: “The presidential election public financing system was enacted in the aftermath of the Watergate scandal to free the nation’s elections from the influence of corporations and other wealthy special interests. Rather than candidates having to rely on raising large sums of private money in order to run, the system provides qualifying presidential candidates with the option of accepting matching funds in the primary and a public grant in the general election.… H.R. 359 would kill the system, not strengthen it. Its effect would be to expand the power of corporations and special interests in the nation’s elections; to force many candidates into an endless cycle of fundraising at the expense of engagement with voters on the issues; and to place a premium on access to large donor or special interest support, narrowing the field of otherwise worthy candidates.” [Raw Story, 1/25/2011]
Divided Response from Lawmakers - Representative Eric Cantor (R-VA) says after the bill passes that voting it into effect “should be a no-brainer.” House Minority Leader Nancy Pelosi (D-CA) says that Congress “should come together to ensure that the American people are heard, that they are heard and that they are not drowned out by special interest dollars.” Republicans such as Aaron Schock (R-IL) call Democrats and the Obama administration “hypocrites” because in 2008, Obama turned down public financing. Schock says, “It was President Obama who killed it and made a mockery of public financing of president campaigns with his arrogant pressing of self advantage.” David Price (D-NC) makes an angry rejoinder, saying: “Talk about having it both ways. [Schock] comes onto this floor to condemn President Obama for opting out of the system, and then he proposes to abolish the system so that everybody has to opt out.” Cole also condemns Obama for not taking public financing in 2008, and says he believes public financing of elections should be illegal, but goes on to say that he supports Republicans who take public financing because it is a legal option. Lynn Woolsey (D-CA) says: “Special interest money is having a corrosive effect on our democracy, eating away at the people’s confidence in their government and their elected representatives. The one beacon of light in this system is the public financing of presidential campaigns. It is, I would remind everyone, a voluntary system.” “This is an attempt to finish the job that the Supreme Court started with the Citizens United decision,” says Senator Charles Schumer (D-NY). Schumer chairs the Senate Rules Committee, which has jurisdiction over campaign finance legislation. “It would bust one of the last dams protecting our election system from an uncontrolled flood of special-interest money.” [CNN, 1/26/2011; National Public Radio, 1/27/2011; Bloomberg, 1/27/2011]
Campaign Finance Reform Advocates Critical of Bill - David Arkush of the citizens advocacy group Public Citizen says in a statement, “A vote for HR 359 is a great way to tell the American people that you want to give corporations more power over our government rather than make democracy work for ordinary Americans.” Craig Holman of Public Citizen says of the bill: “Make no mistake about it: The Republican leadership’s legislation to eliminate public financing is an attack not just on the presidential public financing system, but also an attack on congressional public financing proposals. To ensure that the public’s voice can be heard against the corporate onslaught, we need to expand public financing of elections, not kill it.” Campaign finance reform advocate Fred Wertheimer of Democracy 21 calls the bill “a gross abuse of the legislative process.” [Mother Jones, 1/24/2011; Raw Story, 1/25/2011] The nonpartisan Public Finance Action Fund, which advocates for public financing of state and federal elections, says in a statement: “These efforts are not about saving taxpayer money, they are about giving corporate donors even more access than they enjoy today. We hope these measures don’t advance any further.” [CNN, 1/26/2011]
Bill Dies in Senate - The bill will, as expected, not pass the Senate, which is under Democratic control. A similar bill will be introduced in December 2011 (see December 1, 2011), again pass the House, and die in the Senate. [Real Clear Politics, 12/1/2011]

Entity Tags: David E. Price, US Senate, US House of Representatives, Craig Holman, Aaron Schock, Barack Obama, Chris Van Hollen, David Arkush, Charles Schumer, Thomas Jeffery Cole, Public Finance Action Fund, US Supreme Court, Presidential Election Campaign Fund, Presidential Primary Matching Payment Account, Federal Election Campaign Act of 1972, Eric Cantor, Fred Wertheimer, George W. Bush, Harry Reid, Mitch McConnell, Lynn Woolsey, Obama administration, Meredith McGehee, Nancy Pelosi

Timeline Tags: Civil Liberties

The progressive magazine Mother Jones reports on Congressional Democrats’ plans to curb the effects of the Supreme Court’s Citizen United decision, which allows unlimited contributions to campaign organizations by corporate and union donors (see January 21, 2010). Last year, Senate Republicans refused to allow a campaign finance reform bill, the DISCLOSE Act, to come to the floor for a vote (see July 26-27, 2010). Now Democratic leaders say they are considering filing challenges to the nonprofit tax statuses of many of the groups that were so influential in the 2010 elections. Representative Chris Van Hollen (D-MD) tells a Mother Jones reporter about the plan. According to Van Hollen, two of the groups they plan to target are Karl Rove’s Crossroads GPS and the American Action Network (AAN—see Mid-October 2010), headed by former Senator Norm Coleman (R-MN). Together, the two groups spent over $43 million supporting conservative candidates and targeting Democrats, accounting for some 23 percent of all outside conservative spending between them. According to Van Hollen, “People are looking at different legal strategies through the courts because there’s emerging evidence that these groups have abused the rules.” Representative David Price (D-NC) agrees. “I think there are ample goals for challenging the way those groups have acted,” he says. Crossroads GPS spokesperson Jonathan Collegio says in return, “Van Hollen is irresponsibly making claims on zero evidence whatsoever and this is extremely irresponsible for an elected official holding high office.” No one from AAN is willing to respond to the Mother Jones reporting. Both Crossroads GPS and AAN, like many other such groups, are organized under the IRS’s 501(c)4 tax status—tax-exempt, not-for-profit groups whose purpose under the IRS code is “primarily to further the common good and general welfare of the people of the community” (see 2000 - 2005). The law allows such groups to engage in political advocacy, such as running ads for or against candidates, but such “electioneering” activities must not be those groups’ “primary activity.” As far as is known, Crossroads GPS and AAN have no other purpose except electioneering. 501(c) groups do not have to register as political action committees (PACs) and are allowed to conduct their business with very little outside scrutiny. However, if the Federal Election Commission or the IRS determine a group has violated the rules, that group would be forced to register as a PAC and disclose the sources of its funding. If the Democrats challenge the status of these groups, they would be following in the footsteps of private organizations. A coalition of public advocacy groups has filed complaints against Crossroads GPS and another 501(c)4 group, American Future Fund (AFF—see October 12, 2010), claiming that their primary functions are, according to the Crossroads GPS complaint, to “influence the 2010 federal elections and to elect Republicans to office.” The complaints are still pending. In September 2010, Senator Max Baucus (D-MT) asked the IRS to examine several 501(c) groups to “ensure that political campaign activity” wasn’t their primary activity (see September 28, 2010). [Mother Jones, 1/28/2011]

Entity Tags: David E. Price, American Crossroads GPS, American Action Network, American Future Fund, DISCLOSE Act of 2010, Max Baucus, Norm Coleman, Jonathan Collegio, Karl C. Rove, Chris Van Hollen, Mother Jones, US Congress

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

New York Times legal correspondent Adam Liptak observes what he calls a large weakness in the position that the Supreme Court should not have granted First Amendment rights to corporations in its 2010 Citizens United decision (see January 21, 2010). Liptak notes that Justice Anthony Kennedy cited more than 20 precedents affirming his argument that corporations are people under the First Amendment’s free-speech provision, and Justice John Paul Stevens recognized that body of precedents in his dissent. Liptak notes that regardless of the precedent, the provision still can be wrong. But, he notes, the weakness in the argument centers around the status of the news media as an amalgamation of “corporate persons,” writing, “If corporations have no First Amendment rights, what about newspapers and other news organizations, almost all of which are organized as corporations?” There is a general acceptance that “the press is different,” he notes, writing: “The First Amendment, after all, protects ‘the freedom of speech, or of the press.’ Since ‘the press’ is singled out for protection, the argument goes, media corporations enjoy First Amendment rights while other corporations do not.” Liptak calls this a weak argument. There is little evidence to show that the Founders intended “to single out a set of businesses for special protection” under the First Amendment, nor is there a lot of support for the Court’s current stance that the institutional press has rights that other speakers, specifically corporations, do not have. Moreover, he asks, who exactly is the press? Is it a corporate media firm or a person with a Twitter account? In initial arguments in the Citizens United case (see June 29, 2009), government lawyer Malcolm L. Stewart argued that Congress has the power to regulate “corporate speech” about political candidates, even going so far as to prohibit the publication of a book in the weeks before an election, an argument that did not sit well with most of the justices. (Liptak notes that in the second set of arguments, “[t]he government backed away from that position at the second argument, but not very far—see September 9, 2009). Stewart could have gone further in claiming “that media corporations, the institutional press, would have a greater First Amendment right,” as he said in his first argument, though he did not use that as his primary argument. Stevens seemed supportive of that argument in his dissent. Justice Antonin Scalia, in his concurrence, did not, writing: “It is passing strange to interpret the phrase ‘the freedom of speech, or of the press’ to mean, not everyone’s right to speak or publish, but rather everyone’s right to speak or the institutional press’s right to publish. No one thought that is what it meant.” Former Times columnist and Court reporter Anthony Lewis reached a similar conclusion in 2008, writing, “The amendment surely meant to cover both oral and written expression [rather than] a specially protected institution.” In the majority opinion, Kennedy wrote, “There is no precedent supporting laws that attempt to distinguish between corporations which are deemed to be exempt as media corporations and those which are not.” Law professor Eugene Volokh agreed, writing, “If ordinary business corporations lack First Amendment rights, so do those business corporations that we call media corporations.” Law professor Richard Hasen acknowledges that the correct treatment of media corporations in the issue of free speech and campaign finance is “among the most difficult questions for supporters of reasonable campaign finance reform.” Liptak concludes: “There are good arguments both ways about whether corporations ought to be covered by the First Amendment. But it is harder to say that some corporations have First Amendment rights and others do not.” [New York Times, 2/7/2011]

Entity Tags: John Paul Stevens, Anthony Kennedy, Adam Liptak, Anthony Lewis, Eugene Volokh, Malcolm Stewart, US Supreme Court, Antonin Scalia, New York Times, Richard L. Hasen

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

A lawsuit by two anonymous plaintiffs is filed challenging the foreign-contribution provision of the campaign finance laws, a provision that was not overturned by the Citizens United Supreme Court decision (see January 21, 2010). The lawsuit is on behalf of a Canadian citizen who claims he wants to support President Obama’s 2012 re-election campaign, and a dual Israeli-Canadian citizen who wants to contribute to Obama’s opponent Mitt Romney and to the campaign of Senator Tom Coburn (R-OK). The Israeli-Canadian citizen says they want to help prevent what they call a “government-takeover of the health care system in the United States,” according to the suit. The filing says both plaintiffs are legally authorized to live and work in the United States, but are not permanent residents; one is a young attorney with a moderately successful practice and the other earns a modest salary as a medical resident at a New York hospital. The lawsuit asks that legal residents, as well as citizens and US-registered entities, be allowed to make donations. While the lawsuit appears to be bipartisan in nature, the lawyers representing the anonymous plaintiffs are from a top-flight law firm, Jones Day, which usually represents Republican and wealthy corporate clients. Think Progress’s Ian Millhiser notes that the firm’s clients “include some of the biggest corporate beneficiaries of the Citizens United decision—including Koch Industries and the US Chamber of Commerce.” The lawyers are Warren Postman and Yaakov Roth, both of whom are former Supreme Court clerks and thusly do not come cheap—in 2005, Jones Day charged as much as $370 an hour for services provided by lawyers with similar levels of experience. Millhiser writes: “To be clear, a court decision in favor of Jones Day’s clients would not necessarily allow BP or the Dubai Sovereign Wealth Fund to immediately start buying US elections. The lawsuit only asks the court to allow lawful residents make campaign contributions. Nevertheless, such a decision would be a significant crack in the wall protecting American democracy from foreign money. There are any number of foreign corporations who would love to see that happen.” [Politico, 3/18/2011; Think Progress, 3/18/2011] The court will deny the lawsuit (see August 8, 2011).

Entity Tags: Warren Postman, Ian Millhiser, Barack Obama, Jones Day, Willard Mitt Romney, Tom Coburn, Yaakov Roth, US Supreme Court

Timeline Tags: Civil Liberties

Law professor Richard Hasen writes that an Arizona case before the Supreme Court may add to the abilities of wealthy individual and corporate donors to influence elections. In the case of McComish v. Bennett, Arizona’s public campaign financing laws are being challenged. Public financing of campaigns (i.e. using tax dollars for campaigns) is entirely voluntary, but candidates who do opt into the system may not accept outside donations. Privately funded candidates face no such restrictions, but receive no public campaign funding. If a privately funded candidate spends significantly more on the campaign than his/her publicly funded opponent, Arizona’s law has a so-called “trigger” provision that provides matching funds, to a point, to make the spending somewhat more equitable. The case before the Court was brought on behalf of wealthy private donors, and is based on the complaint that the matching funds provision is a violation of their clients’ freedom of speech. Hasen predicts that the Court, with its conservative majority and its ruling in the Citizens United case (see January 21, 2010), will rule in favor of the wealthy plaintiffs and strike down some or all of the Arizona law. Arizona imposes no limits on the spending of outside groups, Hasen argues, and if the matching funds provision is triggered, he asks, “What’s the worst thing that can happen if a wealthy candidate spends gobs of cash running against a candidate who has opted into the public financing system?” He answers, “The publicly financed candidate gets more government dollars to campaign, and the voters hear more speech.” Hasen notes that several conservative legal experts have found that the “free speech” argument is specious. Conservative Ninth Circuit Judge Andrew Kleinfeld wrote against the argument in a previous ruling in the case, observing that in his view “there is no First Amendment right to make one’s opponent speak less, nor is there a First Amendment right to prohibit the government from subsidizing one’s opponent, especially when the same subsidy is available to the challenger if the challenger accepts the same terms as his opponent.” And Charles Fried, the solicitor general during the Reagan administration, filed an amicus brief in the case arguing that it is the wealthy candidates and interest groups who “in reality are seeking to restrict speech.” Hasen believes that the conservative majority will rule in favor of restricting the “speech” of publicly funded candidates in Arizona (and by extension in other states) because, as it ruled in a 2008 case, such financing laws were “an impermissible attempt to level the playing field between wealthy and non-wealthy candidates.” Hasen is blunt in his conclusion, stating, “Five conservative […] justices on the Supreme Court appear to have no problem with the wealthy using their resources to win elections—even if doing so raises the danger of increased corruption of the political system.” [Slate, 3/25/2011] Hasen is correct: the Court will rule 5-4 in the case, which will be renamed Arizona Free Enterprise Club’s Freedom PAC v. Bennett, that the matching funds provision is unconstitutional (see June 27, 2011).

Entity Tags: Charles Fried, Richard L. Hasen, US Supreme Court, Andrew Kleinfeld

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

The Tennessee State Legislature approves a bill, SB1915, that allows for direct corporate donations to political candidates. The bill also raises the amount that can be given by contributors by around 40 percent. Corporations will be treated as political action committees (PACs—see 1944 and February 7, 1972). The original bill was sponsored by Senate Speaker Pro Tempore Jamie Woodson (R-Knoxville) and passed by a party-line vote, with Republicans voting for passage and Democrats against. House Democratic Caucus Chairman Mike Turner objected to the bill, saying that foreign-based corporations could also contribute under it; House sponsor Glen Casada (R-College Grove) responds by saying that such corporations would have to have a presence in Tennessee to make such contributions. Turner says after the bill passes: “It’s going to be like an arms race with Democrats and Republicans trying to compete for this corporate cash. I just think it’s wrong. I think it’s un-American. Tennessee will rue the day we’ve done this.” For his part, Casada says the bill will lessen candidate dependence on PACs and provide more money to “educate voters.” He adds, “More money is more free speech.” Woodson says the law follows directly from the controversial Citizens United decision by the US Supreme Court (see January 21, 2010), which allows corporations and labor unions to spend unrestricted amounts of money in support of, or opposition to, federal candidates. Republicans lauded the decision by saying it promoted free speech (see January 21, 2010). The Tennessee State Legislature approved a law similar to the Citizens United decision in 2010. The new bill authorizes corporations to give directly to candidates and political parties. Tennessee has long banned such corporate contributions. [Nashville City Paper, 4/26/2011; Knoxville News-Sentinel, 4/27/2011] Governor Bill Haslam (R-TN) will sign the law into effect. Republicans claim the law will “equalize” contributions, and remove the “advantage” in donations from labor unions enjoyed by Democrats. “This basically would just level the playing field, because unions are allowed to do this by statute now,” says Senator Bill Ketron (R-Murfreesboro). However, in October 2010, reporter Tom Humphrey showed that corporate and PAC donations favored Republicans by as much as a 3-1 margin, an advantage not overcome by union contributions. [Knoxville News-Sentinel, 10/29/2010; Nashville City Paper, 4/26/2011]

Entity Tags: Jamie Woodson, Bill Ketron, Tennessee State Legislature, Tom Humphrey, Glen Casada, William Edward (“Bill”) Haslam, US Supreme Court, Mike Turner

Timeline Tags: Civil Liberties

Conservative radio host Laura Ingraham tells her listeners that President Obama’s decision to present his “long form” birth certificate as proof of his US citizenship (see April 27, 2011) proves his 2012 re-election campaign will hinge on race. After playing a montage of audio clips from commentators accusing Obama of racism, or saying that his campaign will focus on race, she tells her audience: “It’s official. The Obama campaign is going to run on race. No? They might not say that, but let there be no misunderstanding of where this is going. This is going right to the heart of liberalism. Liberals see people, not as individuals who are capable of anything if given the opportunity, and freed up and loosened from the bonds of government regulation and bureaucratic restraints. No. They see people as a certain color, or a certain gender, or a certain sexual orientation. They have to be put in these boxes. The favorites boxes of the bean counters. Liberals have always looked at people that way. The truth about race, and this president, is not a pretty truth.… The truth about this administration and race goes right to the core of what liberalism has done to the black family, to minorities in general. The great diversion of liberalists has always been to drop the charges of racism, the spurious and the negative and the perjorative charges of racism [against conservatives], every time they are proven to be incorrect and the way they approach a problem” (see September 4, 1949, and After, March 12, 1956 and After, 1969-1971, 1978-1996, 1980, 1981, March 15, 1982, 1983, June-September 1988, 1990, September 1995, August 16, 1998, March 1-2, 2001, August 29, 2001, March 15, 2002, July 15, 2002, August 2002, September 26, 2002 and After, August 5, 2003, September 28 - October 2, 2003, May 17, 2004, May 18, 2004, October 9-13, 2004, November 15, 2004, November 26, 2004, December 5-8, 2004, December 8, 2004, May 10, 2005, September 28-October 1, 2005, September 30 - October 1, 2005, September 30, 2005, 2006, March 29, 2006, December 2006, January 19, 2007 and After, January 24, 2007, April 2007, April 2, 2007, July 22, 2007, August 21, 2007, September 22, 2008, October 8-10, 2008, October 24, 2008, January 6-11, 2008, November 10, 2008, January 25, 2008, January 31, 2008, February 1, 2008, February 28, 2008, May 19, 2008, June 2, 2008, June 6, 2008, June 26, 2008, August 1, 2008 and After, August 4, 2008, August 4, 2008, August 19, 2008, August 25, 2008, October 7, 2008, October 20, 2008, October 22, 2008, October 28, 2008, November 18, 2008, January 18, 2009, February 24-26, 2009, March 3, 2009, April 7-8, 2009, May 26, 2009, May 26, 2009, May 27, 2009, May 27-29, 2009, May 28, 2009, May 29, 2009, May 31, 2009, June 2, 2009, June 5, 2009, June 7, 2009, June 12, 2009, June 20, 2009, June 25, 2009, July 8, 2009, July 16, 2009, July 21, 2009, July 23, 2009, July 23, 2009, July 27, 2009, July 28, 2009, July 28-29, 2009, August 8, 2009, August 12, 2009, August 19, 2009, September 2009, September 14, 2009, October 13, 2009, February 25, 2010, March 20, 2010, July 14, 2010, July 15, 2010, September 11, 2010, September 12, 2010, September 12, 2010 and After, September 15, 2010, September 18, 2010, September 21, 2010, September 24, 2010, October 22-23, 2010, November 9, 2010, November 12, 2010, December 22, 2010, January 14, 2011, February 20, 2011, March 2011, March 19-24, 2011, April 1, 2011, April 5, 2011, April 14-15, 2011, April 15, 2011, April 22, 2011, April 26, 2011, April 26, 2011, April 26, 2011, April 26, 2011, April 26, 2011, April 27, 2011, April 27, 2011, April 27, 2011, April 27, 2011, April 27, 2011, April 27, 2011, and April 28, 2011). Liberals, Ingraham says, rely on racial politics, divisiveness, and “class warfare” to succeed in the political arena. “[I]n the end,” she says, “it’s kind of all they have, that and abortion.” She derides people “on the left” for attacking billionaire television host and enthusiastic “birther” Donald Trump for being racist (see April 14-15, 2011, April 26, 2011, April 27, 2011, April 27, 2011, and April 28, 2011). Any such charges, she says, are ridiculous. But those charges will be used by anyone who criticizes Trump for his challenge to Obama’s citizenship, she predicts, and cites Trump’s recent exhortation for Obama to “get off the basketball court” and focus on national issues as an example of an unfair charge of racism (see April 27, 2011). “And the very thing the left always starts to accuse the right of is what they are most guilty of,” she says. [Media Matters, 4/28/2011] Ingraham has had her own issues with racism and gender (see 1984, April 1997, and July 17, 2009).

Entity Tags: Barack Obama, Laura Ingraham, Donald Trump

Timeline Tags: Domestic Propaganda, 2012 Elections

Long-shot Republican presidential candidate Buddy Roemer (R-LA), a former governor of Louisiana, gives an interview to the liberal news Web site Think Progress in which he blasts the current system of campaign finance. Roemer is campaigning on a promise to reduce the influence of the wealthy on the government, and refuses to accept over $100 in contributions from any one source. He also forces the disclosure of the identities of his donors. After speaking at a tea party rally in New Hampshire, Roemer speaks to Think Progress reporter Lee Fang. Roemer is highly critical of large corporate donors and the trade organizations that represent them, and decries the failure of the DISCLOSE Act to pass Congress (see July 26-27, 2010). “It’s disastrous, it’s dysfunctional, to their shame,” he says. Large corporations such as General Electric using their influence to avoid paying taxes is “what’s wrong with America.” Roemer adds: “Right now, too often the political debate has become about the money and not about the issues. And those who have the money have a vested interest in the results and you never know who they are.… I have full disclosure and I challenge my opponents to do the same.” Fang notes that some of the largest corporate donors and “bundlers” (groups like the US Chamber of Commerce, which “bundle” donations from corporations and individuals and funnel them to political organizations) support Roemer’s fellow Republican candidates, and are the primary reason why the DISCLOSE Act failed to pass. “They lobbied both Democrats and Republicans to kill the bill in the Senate,” Fang says. Roemer says Congress and the campaign financial system are both “dysfunctional,” and adds Democratic-supporting labor unions to the list of organizations that are corrupting politics. “The guys with the bucks want unfettered regulation. They want to run America.… The reason the tax code is four thousand pages long and paid no taxes last year and made five billion dollars? It’s [campaign] checks. That’s whats wrong with the American system. It’s not free anymore. It’s bought.” Roemer says the only way he knows to challenge the system is by example. “You know I’ve got to run against the system,” he says. “It’s corrupt. And the only way I know how to do it… is by example. I’m going to show that a grassroots campaign can capture New Hampshire, South Carolina. I’m going to whip ‘em, on my own terms.” The Republican Party does not support Roemer’s campaign, and is blocking Roemer from participating in primary debates. [Think Progress, 5/4/2011]

Entity Tags: US Chamber of Commerce, Republican Party, Think Progress (.org), Buddy Roemer

Timeline Tags: Civil Liberties

The Center for Responsive Politics (CRP), a nonpartisan campaign finance watchdog organization, finds that independent organizations supporting Republicans and Democrats are spending unprecedented amounts of money on supporting, or more often attacking, candidates for office. The huge rise in spending comes as a direct result of the Citizens United decision that allowed corporations and labor unions to spend unlimited amounts of money on campaign donations (see January 21, 2010). While organizations are spending huge amounts of money on both sides of the political divide, spending for conservative candidates outweighs spending on liberal candidates by an 8-1 margin. CRP’s analysis finds that the increased spending helped Republicans retake the US House of Representatives in 2010, and is having a long-term effect on the nation’s campaign and election systems. [Center for Responsive Politics, 5/5/2011; Think Progress, 5/6/2011]
Most Democratic Spending Comes from Unions - Labor unions gave over $17.3 million in independent expenditures opposing Republican candidates. The union contributing the most: the American Federation of State County and Municipal Employees (AFSCME), with over $7 million. The National Education Association (NEA) formed a “super PAC” (see March 26, 2010) that spent $3.3 million on election activities. Super PACs must disclose their donors and the amounts donated (see 2000 - 2005), but an array of groups under the 501(c) tax laws do not have to disclose that information (see September 28, 2010).
Corporations Spend Lavishly for Republicans - While corporations donated some money to Democratic causes, most of their money went to Republicans. Corporations gave over $15 million to super PACs such as American Crossroads, which supports an array of conservative candidates. CRP notes that conservative groups that do not have to disclose their donors spent $121 million, and corporations and wealthy individuals were the likely sources of almost all of that money.
Secret Donations on the Rise - In the 2006 elections, the percentage of spending from groups that do not disclose their donors was 1 percent. In 2010, it was 47 percent. “Nonprofit” organizations that can legally hide their donors and donations increased their spending from zero percent in 2006 to 42 percent in 2010. For the first time in over 20 years, outside interest groups outspent party committees, by $105 million. The amount of independent expenditure and electioneering communication spending by outside groups has gone up 400 percent since 2006. And 72 percent of political advertising spending by outside groups in 2010 came from sources that were prohibited from spending money in 2006. [Center for Responsive Politics, 5/5/2011]

Entity Tags: American Crossroads, American Federation of State County and Municipal Employees, US House of Representatives, National Education Association, Center for Responsive Politics

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Domestic Propaganda, 2012 Elections

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

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

Timeline Tags: Civil Liberties

Former Republican Senator Rick Santorum (R-PA), joining the race to contend for the Republican presidential nomination, tells an audience at the Faith and Freedom Conference in Washington that America was a much better place before 1965, when the Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989) was enacted and the “welfare state” began. “Social conservatives understand that America was a great country because it was founded great,” Santorum says. “Our founders, calling upon in the Declaration of Independence, the supreme judge, calling upon divine providence, said what was at the heart of American exceptionalism.… ‘We hold these truths to be self-evident, that all men are created equal and endowed by our creator with certain inalienable rights.‘… Ladies and gentlemen, America was a great country before 1965.” Reporter David Love notes that in 1965, institutionalized racism was still the law in many areas of the country. Police brutalized voting rights protesters and civil rights workers were murdered without legal repercussions. The civil rights legislation enacted during this time began the variety of federal “safety net” programs such as food stamps, aid for mothers and their children, disabled citizens, and others, and also began stamping out institutionalized, legal racism. Medicare and Medicaid were enacted under the Social Security Act of 1965. The 1965 Omnibus Housing Act provided funds for building housing for indigent Americans, including many African-Americans. The federal government began funding public schools in 1965. And two years later, the courts used 1965 legislation to overturn laws against miscegenation—interracial marriage. Love concludes: “So the question remains, was America better before 1965? Well, it depends on your point of view. If you are a conservative who views the Great Society legacy as a big government intrusion into the lives of people, then the answer is yes. If you think government has no business protecting civil rights, funding schools and feeding hungry children, increasing economic opportunity, and promoting the arts, your answer will undoubtedly be yes. However, if you are an African-American who enjoys exercising the right to vote, or a senior who doesn’t want anyone touching your Medicare, or someone who believes the federal government has a role to play in fighting poverty, chances are you have a different view of things.” [The Grio, 6/7/2011]

Entity Tags: Rick Santorum, David A. Love, Omnibus Housing Act of 1965, Social Security Act of 1965, Voting Rights Act of 1965

Timeline Tags: Domestic Propaganda, 2012 Elections

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

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

Timeline Tags: Civil Liberties, 2012 Elections

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

A mysterious company that donated $1 million to a political action committee (PAC) favoring presidential candidate Mitt Romney (R-MA) dissolves just months after its formation, leading some to speculate that its only purpose was to make political donations. The company, W Spann LLC, was formed on March 15, 2011 by Boston lawyer Cameron Casey, who specializes in estate tax planning—“wealth transfer strategies”—for “high net worth individuals,” according to corporate records and the lawyer’s biography on her firm’s Web site. Casey filed a “certificate of formation” with the Delaware Secretary of State’s office, but provided no information about the firm. The only address listed was that of a Wilmington, Delaware, registered agent service, Corporation Service Company, which provides such services for many companies. That firm refuses to discuss its clients. Spann’s address was listed as 590 Madison Avenue, New York City, a midtown Manhattan office building, but the building’s management firm, Minskoff Equities, shows no records of any such tenant. On April 28, W Spann LLC donated $1 million to Restore Our Future, a “super PAC” (see 2000 - 2005 and June 30, 2000) aligned with the Romney campaign (see June 23, 2011). Casey dissolves the company today, two weeks before Restore Our Future makes its first campaign filing of the year reporting the donation, by filing a “certificate of cancellation.” Lawrence Noble, the former general counsel of the Federal Election Commission (FEC), says, “I don’t see how you can do this,” when asked about the donation. If the only purpose of Spann’s formation was to contribute to the pro-Romney group, “There is a real issue of it being just a subterfuge” and that could raise a “serious” legal issue, Noble says. At least, “[w]hat you have here is a roadmap for how people can hide their identities” when making political contributions. Casey will refuse to discuss the matter with the press, and her employer, the law firm Ropes & Gray, will say through a spokesman that it cannot comment. (Ropes & Gray has as a longtime client Bain Capital, the firm formerly headed by Romney. The law firm has its offices at 590 Madison.) Restore Our Future campaign treasurer Charles Spies, a former Romney campaign official, will also refuse to answer questions about Spann. He will say, “Restore Our Future has fully complied with, and will continue to comply with, all FEC disclosure requirements.” A Romney campaign official will later add, “Mitt Romney follows both the letter of the law and the spirit of the law in all circumstances.” Bain Capital spokesperson Alex Stanton says of W Spann: “Bain Capital has many employees who actively participate in civic affairs, and they individually support candidates from both parties. The firm takes no position on any candidate, and the entity in question is not affiliated with Bain Capital or any of our employees.” Critics say the Spann story shows how easily disclosure requirements are being avoided in the aftermath of the Citizens United decision (see January 21, 2010). “This is sham disclosure. It’s a barrier to disclosure,” says Michael Malbin of the Campaign Finance Institute. It is another example of how American political campaigns have gone “back to the future” and to the “pre-Watergate days” (of 1972) when Richard Nixon was raising unlimited amounts of money without disclosure, Malbin says. [MSNBC, 8/4/2011]

Entity Tags: Lawrence M. Noble, Bain Capital, Alex Stanton, Cameron Casey, Corporation Service Company, Restore Our Future, W Spann LLC, Michael Malbin, Minskoff Equities, Charles R. Spies, Ropes & Gray, Willard Mitt Romney

Timeline Tags: Civil Liberties, 2012 Elections

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

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

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

A dozen wealthy donors have contributed over half of the money collected by so-called “super PACs” in the first half of 2011, according to an analysis by USA Today. Super PACs are political organizations that exist to influence elections, which take unlimited amounts of outside money from donors, including individuals, unions, and corporations, and pool that money to advocate for or against a candidate (see March 26, 2010). By law, super PACs are supposed to operate independently of a candidate’s official campaign organization.
Majority of Donors Republican Contributors - The majority of those donors are contributing to Republican/conservative organizations, and overall, Republican organizations are outraising Democratic organizations by a 2-1 margin. American Crossroads, the organization formed by former Bush political advisor Karl Rove, has collected $2 million from billionaire Jerry Perenchio, another million from billionaire Robert B. Rowling, and $500,000 from Texas real estate billionaire Bob Perry. The super PAC supporting the Obama reelection campaign, Priorities USA Action, founded by former Obama spokesperson Bill Burton, has collected $2 million from Hollywood mogul Jeffrey Katzenberg, and $500,000 each from media owner Fred Eychaner and from the Service Employees International Union (SEIU). The super PAC supporting the presidential campaign of Mitt Romney (R-MA), Restore Our Future (see June 23, 2011), has received million-dollar donations from hedge fund manager John Paulson, Utah firms Eli Publishing and F8 LLC, and the shadowy W Spann LLC (see July 12, 2011). It has also received half a million each from Perry, financiers Louis Moore Bacon and Paul Edgerly, Edgerly’s wife Sandra Edgerly, New Balance Athletic Shoes executive James S. Davis, J.W. Marriott of the hotel chain Marriott International, and Richard Marriott of Host Hotels and Resorts. Meredith McGehee of the Campaign Legal Center says: “The super PACs are for the wealthy, by the wealthy, and of the wealthy. You’re setting up a dynamic where the candidates could become bit players in their own campaigns,” particularly in less-expensive races for the House of Representatives. Katzenberg says his donation to the Obama-supporting super PAC was because of the increasing dominance of “Republican extremists” in national elections: “The stakes are too high for us to simply allow the extremism of a small but well-funded right wing minority to go unchallenged.” Charles Spies, the treasurer of Restore Our Future and Romney’s former general counsel, refuses to discuss donors, but says, “Donors recognize Mitt Romney is the most experienced and qualified candidate to challenge President Obama’s record of out-of-control, big government spending.” One donation drawing scrutiny is a $193,000 donation to the presidential campaign of Governor Rick Perry (R-TX) from a group called Americans for Rick Perry. The primary funder of that group is Texas billionaire Harold Simmons, who gave $100,000 to the group 10 days after Perry signed legislation allowing Simmons’s company to accept low-level radioactive waste from other states at its West Texas facility. A Perry spokesman denies any coordination between Simmons and his campaign, and says Perry has not even decided whether to run for president. Simmons helped fund the 2004 group Swift Boat Veterans for Truth, which launched a powerful campaign that smeared then-presidential candidate John Kerry (D-MA) and his Vietnam War record. American Crossroads has reported raising $3.9 million during the first six months of 2011. Its affiliate, Crossroads GPS, has spent $19 million on anti-Democrat advertising so far. That group does not have to report its donors or the amounts it receives. [USA Today, 8/4/2011]
'Recipe for Corruption - Legal expert Ian Millhiser of the liberal news Web site Think Progress comments: “It’s tough to imagine a surer recipe for corruption. Although super PAC’s are prohibited from giving money directly to candidates—one of the few remaining campaign finance laws that wasn’t eviscerated by Citizens United and similar cases (see January 21, 2010)—it’s not like a presidential candidate isn’t perfectly capable of finding out which billionaires funded the shadowy groups that supported their campaign. Moreover, if just a handful of people are responsible for the bulk of these donations, a newly elected president will have no problem figuring out who to lavish favors on once they enter the White House.” [Think Progress, 8/4/2011]

Entity Tags: Charles R. Spies, Robert B. Rowling, Richard Marriott, Bobby Jack Perry, Sandra Edgerly, Service Employees International Union, USA Today, W Spann LLC, A. Jerrold Perenchio, American Crossroads, American Crossroads GPS, Priorities USA Action, Paul Edgerly, Restore Our Future, Bill Burton, Harold Simmons, Meredith McGehee, Fred Eychaner, Eli Publishing, F8 LLC, Ian Millhiser, Louis Moore Bacon, James S. Davis, John Paulson, Karl C. Rove, James Richard (“Rick”) Perry, Jeffrey Katzenberg, J. W. (“Bill”) Marriott

Timeline Tags: Civil Liberties

The outside of the Standard & Poor’s office complex on Wall Street.The outside of the Standard & Poor’s office complex on Wall Street. [Source: Satellite Radio Playground (.com)]The US loses its top-rank AAA credit rating from the financial services company Standard & Poor’s; the firm drops the US credit rating one notch to AA-plus. The US has never had anything but top-tier credit ratings in its financial history, and has top credit ratings from S&P since 1941. S&P makes its decision based on the huge Congressional battle over raising the US’s debt ceiling, normally a routine procedural matter that was used by Congressional Republicans, who threatened to block the ceiling raise unless they were given dramatic spending cuts by the entire Congress and the White House. (House Speaker John Boehner (R-OH) boasted that he and his Republican colleagues got “98 percent” of what they wanted in the debt ceiling deal—see August 1, 2011.) Because of the dispute, the US was hours away from an unprecedented credit default until legislation was finally signed and the default avoided. S&P also cites the government’s budget deficit and rising debt burden as reasons for the rating reduction, saying in a statement, “The downgrade reflects our opinion that the fiscal consolidation plan that Congress and the administration recently agreed to falls short of what, in our view, would be necessary to stabilize the government’s medium-term debt dynamics.” The drop in the US credit rating will result in a rise in US borrowing costs for American consumers, companies, and the government. US treasury bonds, once seen as the safest securities in the world, are now rated lower than bonds issued by countries such as Britain, France, Germany, and Canada. S&P says the outlook on the US’s credit rating is “negative,” implying another downgrade is possible in the next 12 to 18 months. A senior investment officer with a West Coast management company says such a downgrade was “once unthinkable,” and says the entire global economic system will be affected. After the fierce Congressional battle, President Obama signed legislation mandating $2.1 trillion in spending cuts over the next decade, but S&P officials had asked for $4 trillion in savings as a “down payment” for restoring the US’s financial stability. Part of S&P’s rationale for the downgrade is its assumption that Congressional Republicans will not allow tax cuts implemented by the Bush administration in 2001 and 2003 to expire as scheduled by the end of 2012. The Obama administration immediately notes that S&P’s made a $2 trillion error in calculating the US debt, an error that the firm acknowledges but says does not affect its decision to downgrade the US credit rating. A Treasury Department spokeswoman says, “A judgment flawed by a $2 trillion error speaks for itself.” [New York Times, 8/5/2011; Reuters, 8/6/2011] Credit rating agencies such as S&P have suffered tremendous damage to their credibility in recent years; a Congressional panel called the firms “essential cogs in the wheel of financial destruction” after what the New York Times calls “their wildly optimistic models [that] led them to give top-flight reviews to complex mortgage securities that later collapsed.” [New York Times, 8/5/2011]
S&P Explains Decision: 'Political Brinksmanship' - S&P explains its decision in a press release. The firm is “pessimistic about the capacity of Congress and the [Obama a]dministration to be able to leverage their agreement this week into a broader fiscal consolidation plan that stabilizes the government’s debt dynamics any time soon.” Fiscal policy decisions between Congress and the White House, the firm says, “will remain a contentious and fitful process.” The firm accuses Congressional Republicans in particular of “political brinksmanship” in threatening to allow a debt default if their conditions were not met, and says such tactics destabilize both the US and the global economy. “The statutory debt ceiling and the threat of default have become political bargaining chips in the debate over fiscal policy,” the firm says. “[T]he majority of Republicans in Congress continue to resist any measure that would raise revenues, a position we believe Congress reinforced by passing the” legislation. “The outlook on the long-term rating is negative.” [Standard and Poor's, 8/5/2011] In an email before the debt ceiling was raised, S&P’s global head of sovereign ratings wrote: “What’s changed is the political gridlock. Even now, it’s an open question as to whether or when Congress and the administration can agree on fiscal measures that will stabilize the upward trajectory of the US government debt burden.” [New York Times, 8/5/2011]
GOP Presidential Candidates, Congressional Members Blame Obama - The day after the downgrade, Republicans in Congress and on the campaign trail blame the Obama administration for the downgrade (see August 6-9, 2011).
Economist Lambasts S&P, Blames Congressional Republicans - Nobel Prize-winning economist Paul Krugman lambasts S&P and blames Congressional Republicans for the downgrade (see August 5-6, 2011).

Entity Tags: US Congress, US House of Representatives, Timothy Geithner, Paul Krugman, Obama administration, Barack Obama, John Boehner, New York Times, Standard & Poor’s, US Department of the Treasury

Timeline Tags: Global Economic Crises

A three-judge district court in Washington, DC, denies a lawsuit, Bluman v. Federal Election Commission, filed by two foreign citizens asking that they be allowed to contribute money to US political campaigns (see March 2011). Two of the judges, Brett Kavanaugh and Rosemary Collyer, were both appointed to the bench by the Bush administration. The court finds: “[I]t is undisputed that the government may bar foreign citizens from voting and serving as elected officers. It follows that the government may bar foreign citizens (at least those who are not lawful permanent residents of the United States) from participating in the campaign process that seeks to influence how voters will cast their ballots in the elections. Those limitations on the activities of foreign citizens are of a piece and are all ‘part of the sovereign’s obligation to preserve the basic conception of a political community.’” Kavanaugh’s concurrence even cites, briefly, foreign law: “It bears mentioning, moreover, that plaintiffs’ home countries—Israel and Canada—and many other democratic countries impose similar restraints on political spending by foreign citizens. See, e.g., Canada Elections Act [and] Knesset Election Law.” The plaintiffs, identified as Benjamin Bluman and Asenath Steiman, had argued that the Citizens United decision (see January 21, 2010) opened the door for foreign involvement in US elections. The case can be appealed to the Supreme Court. [Memorandum Opinion, 8/8/2011; Think Progress, 8/8/2011; New York Times, 1/5/2012] The Supreme Court will deny the Bluman appeal (see January 9, 2012).

Entity Tags: US Supreme Court, Rosemary Collyer, Brett Kavanaugh, Asenath Steiman, Federal Election Commission, Benjamin Bluman

Timeline Tags: Civil Liberties

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