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Profile: Josh Israel
Josh Israel was a participant or observer in the following events:
Nevada casino owner and billionaire Sheldon Adelson, who has already given an unprecedented $5 million to a super PAC supporting Republican presidential candidate Newt Gingrich (R-GA—see January 6, 2012), has his wife Miriam donate another $5 million to Gingrich’s super PAC, Winning Our Future. That organization spent over $6 million on “independent expenditures” in the recent South Carolina primary, mostly on attack ads against primary opponent Mitt Romney (R-MA). Winning Our Future outspent all other Republican super PACs involved in that primary, whose expenditures totaled some $5.3 million. The new $5 million contribution will likely go to Gingrich’s campaign efforts in Florida, which is seen as a “must-win” state for Gingrich. Other groups have already spent some $6.4 million in Florida. Think Progress reporter Josh Israel writes: “[T]his contribution will allow the pro-Gingrich super PAC to instantly achieve almost immediate parity.… At this pace, the Adelson family could outspend Gingrich’s competition by themselves.” The Adelson funds come from a joint account; Sheldon Adelson signed the first check and Miriam Adelson signs the second. [Los Angeles Times, 1/23/2012; Think Progress, 1/23/2012]
Senator John McCain (R-AZ), the co-author of the 2002 Bipartisan Campaign Reform Act (BCRA—see March 27, 2002), criticizes the Supreme Court’s 2010 Citizens United ruling that gutted the BCRA and allows corporations and labor unions to make unlimited contributions to election and campaign activities (see January 21, 2010). In a panel discussion, McCain calls the ruling “a combination of arrogance, naivete, and stupidity, the likes of which I have never seen.” He goes on to predict scandals as a result of the ruling enabling unlimited corporate contributions and a lack of disclosure surrounding those contributions (see October 2010, June 23, 2011, October 30, 2011, and December 19, 2011), saying: “I promise you this. I promise you there will be huge scandals… because there’s too much money washing around, too much of it… we don’t know who, who contributed it, and there is too much corruption associated with that kind of money. There will be major scandals.” Asked if he intends to give up on passing campaign reform legislation, he answers: “No. But I’ve got to wait until we think that can pass legislation. And I’m not sure right now, frankly, that we could get it passed.” The next day, Josh Israel of the liberal news Web site Think Progress notes that McCain is somewhat responsible for the inability of Congress to pass meaningful campaign finance legislation. He refused to vote for the Democratically-sponsored DISCLOSE Act (see July 26-27, 2010), decrying it as “a bailout for the unions.” Had McCain voted with Senate Democrats to end the Senate Republican filibuster against the DISCLOSE Act, the bill could have been brought to the floor for an up or down vote. Israel calls McCain’s “grumbling” about campaign finance regulation “little more than grandstanding.” [Think Progress, 3/28/2012]
A federal court rules that the Federal Election Commission (FEC) has exceeded its authority by requiring only corporations and labor unions, and not all contributors, to report contributions made for the purpose of furthering electioneering communications as defined in the 2002 Bipartisan Campaign Reform Act (BCRA—see March 27, 2002). Judge Amy Berman Jackson of the US District Court in Washington, DC, issues the ruling in the case of Van Hollen v. Federal Election Commission, filed by US Representative Chris Van Hollen (D-MD—see April 21, 2011 and After). Under the BCRA, corporations or labor unions who do not segregate their funds for campaign purposes as opposed to more general purposes must report all contributions of $1,000 or more. (The Citizens United decision of 2010 rendered such segregation of funds optional—see January 21, 2010.) Those contributions include money donated by anyone who gives to a corporation or labor union. In December 2007, the FEC revamped its disclosure regulation in the wake of the Right to Life v. Federal Election Commission ruling (the so-called “WRTL ruling”—see June 25, 2007) to create a loophole allowing corporations to evade disclosure requirements. 501(c)4 groups such as Crossroads GPS have avoided disclosure of their donors by using this loophole. Jackson agrees with Van Hollen, ruling that the FEC’s revision violates the plain language and legislative purpose of the BCRA. Jackson writes: “Congress spoke plainly, that Congress did not delegate authority to the FEC to narrow the disclosure requirement through agency rulemaking, and that a change in the reach of the statute brought about by a Supreme Court ruling did not render plain language, which is broad enough to cover the new circumstances, to be ambiguous. The agency cannot unilaterally decide to take on a quintessentially legislative function; if sound policy suggests that the statute needs tailoring in the wake of WRTL or Citizens United, it is up to Congress to do it.” She rejected arguments that broader reporting requirements would place an undue burden on corporations and unions, and thusly would violate their First Amendment freedoms, ruling that the Citizens United decision already invalidated those arguments by upholding BCRA reporting requirements. If Jackson’s ruling survives an appeal, the FEC will have to go back and revamp its regulatory language to require disclosure of all contributors, no matter what the purpose, for any corporation or labor union that uses general, unsegregated funds for campaign purposes. Or, corporations and unions may choose to create segregated funds for campaign purposes in order to avoid reporting their contributors. Josh Israel of the liberal news Web site Think Progress writes that even if the FEC chooses to rewrite its rules to comply with Jackson’s ruling, “countless loopholes remain” to allow corporations and unions to shield the identities of their donors. For instance, donors and companies could more-or-less launder donations through middle-man groups, shielding their own identities. “Even if we somehow achieved full disclosure… for all political spending,” Israel writes, “any meaningful reforms to the campaign finance system will require the high court to reverse the 5-4 Citizens United ruling.” [Law Librarians' Society of Washington, D.C., 9/2002; National Archives and Records Administration, 2012; Van Hollen v. Federal Election Commission: Memorandum Opinion, 3/30/2012; Constitutional Law Prof Blog, 4/3/2012; Think Progress, 4/9/2012] On May 14, an appeals court will refuse a stay of the decision, filed by an organization identified in the court order as the Center for Individual Freedom. [US Court of Appeals for the District of Columbia Court, 5/14/2012 ]
AFC logo. [Source: Think Progress]A Republican House primary in North Carolina is one of the first US House races to feature the involvement of an active super PAC. After North Carolina’s House districts were remapped, Representative Brad Miller (D-NC) chose not to seek re-election. The two strongest Republican candidates for the position, former US Attorney George Holding and Wake County Commissioner Paul Coble, are engaged in a heated primary challenge, with each candidate’s campaign accusing the other candidate of being more moderate than their candidate. Holding is being supported by the American Foundation Committee (AFC), a super PAC that began operation on February 28. Though the organization’s Web site does not mention either candidate, the AFC has made the total of its expenditures—$366,715 so far—in support of Holding and against Coble. AFC has outspent both candidates. According to data provided by liberal news Web site Think Progress, not counting super PACs working on behalf of presidential candidates, the AFC is among the top 10 highest-spending super PACs of this election cycle. Coble’s campaign calls AFC “a shadowy group” with “dirty money” from “special interest… trial lawyers.” Holding notes that AFC discloses its donors, most of whom are relatives and close friends of Holding. The average contribution from each donor is $26,000. Think Progress’s Josh Israel writes, “Voters around the country, already fed up with super PACs, should expect to see a lot more of them in the coming months.” [Think Progress, 4/13/2012; Center for Responsive Politics, 8/9/2012] Data released in mid-August 2012 will show that AFC spends $312,245 in campaign activities attacking Coble, and $222,837 on behalf of Holding, for a total of $535,082. [Center for Responsive Politics, 8/9/2012] Holding will win the primary race against Coble and a third candidate. [Raleigh News and Observer, 5/8/2012] He will go on to win the main election easily over his Democratic challenger. [National Journal, 11/9/2012]
Senator John McCain (R-AZ) lambasts the campaign finance system being used by presidential candidate Mitt Romney (R-MA). McCain has been quite visible in supporting Romney, but he is not a supporter of Romney’s super PAC, Restore Our Future. McCain points out that one of Romney’s most prominent and generous supporters, billionaire casino owner Sheldon Adelson (see June 13, 2012 and Mid-June, 2012), makes much of his money from a casino in Macau, and thusly may be using foreign money to help Romney. McCain says to PBS reporter Judy Woodruff: “Mr. Adelson, who gave large amounts of money to the Gingrich campaign (see January 6, 2012, January 23, 2012, February 21, 2012, February 21, 2012, March 26, 2012, and May 2, 2012) and much of Mr. Adelson’s casino profits, that go to him, come from this casino in Macau. [That says] obviously, maybe in a roundabout way, foreign money is coming into an American campaign, political campaigns.… [T]hat is a great deal of money. And, again, we need a level playing field and we need to go back to the realization that Teddy Roosevelt had that we have to have a limit on the flow of money and that corporations are not people (see August 23, 1902 and December 5, 1905). That’s why we have different laws that govern corporations than govern individual citizens. And so to say that corporations are people (see August 11, 2011), again, flies in the face of all the traditional Supreme Court decisions that we have made—that have been made in the past.” Josh Israel of the liberal news Web site Think Progress notes, “Though it is illegal for non-citizens to spend any money to influence US elections directly, the Supreme Court’s 5-4 Citizens United ruling (see January 21, 2010) left the door wide open for the American employees of American subsidiaries of foreign owned corporations—and even sovereign wealth funds—to spend millions or billions from their corporate treasuries on ‘independent’ expenditures.” [Think Progress, 6/15/2012]
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