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Quotes

March 22, 2002

“There is still no practical or legal justification for having the tribunals. [The tribunals] still constitute a separate, inferior system of justice, shielded from independent judicial review.” [New York Times, 3/22/2002]

Associated Events

July 24, 2004

“The authors of this 300-page whitewash say they found no ‘systemic’ problem—even though there were 94 documented cases of prisoner abuse, including some 40 deaths, 20 of them homicides; even though only four prisons of the 16 they visited had copies of the Geneva conventions; even though Abu Ghraib was a cesspool with one shower for every 50 inmates; even though the military police were improperly involved in interrogations; even though young people plucked from civilian life were sent to guard prisoners—50,000 of them in all—with no training.” [New York Times, 7/24/2004]

Associated Events

New York Times was a participant or observer in the following events:

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Jill Abramson (left) testifies under questioning by defense counsel William Jeffress, as lawyers look on.Jill Abramson (left) testifies under questioning by defense counsel William Jeffress, as lawyers look on. [Source: Art Lien / Court Artist (.com)]New York Times managing editor Jill Abramson testifies for the defense in the Lewis Libby perjury and obstruction trial. Abramson, who served as one of former Times reporter Judith Miller’s supervisors, says that she cannot confirm elements of Miller’s testimony (see January 30-31, 2007 and January 31, 2007). Miller told the court that after speaking with Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) , she went to Abramson and suggested that the Times look into the question of whether Valerie Plame Wilson sent her husband, Joseph Wilson, on a CIA-sponsored trip to Niger (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). Defense attorney William Jeffress asks, “Did Judith Miller come to you to recommend the New York Times pursue a story about whether Ambassador Joe Wilson’s wife worked for the CIA?” Abramson replies, “I have no recollection of such a conversation.” [Associated Press, 2/13/2007; Marcy Wheeler, 2/13/2007] Abramson, who testifies for less than five minutes, says, “It’s possible I occasionally tuned her out,” and reiterates she has no memory of speaking to Miller about Plame Wilson. [New York Times, 2/13/2007]

Entity Tags: New York Times, Jill Abramson, Joseph C. Wilson, Lewis (“Scooter”) Libby, Valerie Plame Wilson, William Jeffress, Judith Miller

Timeline Tags: Niger Uranium and Plame Outing

FireDogLake blogger Jane Hamsher, writing for her blog’s coverage of the Libby trial.FireDogLake blogger Jane Hamsher, writing for her blog’s coverage of the Libby trial. [Source: Michael Temchine / New York Times]The New York Times publishes a profile of some of the bloggers covering the Lewis Libby trial. The article, by Times reporter Scott Shane, focuses on the team of six writers and researchers who work on a volunteer basis for FireDogLake (FDL), a liberal blog owned by movie producer and author Jane Hamsher. According to Shane, “FireDogLake has offered intensive trial coverage, using some six contributors in rotation,” including “a former prosecutor [Christy Hardin Smith], a current defense lawyer [Jeralyn Merritt, who also writes for her own blog, TalkLeft], a Ph.D. business consultant [Marcy Wheeler, who has written a book, Anatomy of Deceit, on the subject],” a blogger who has covered the issue since Valerie Plame Wilson’s outing (the pseudonymous “Swopa”), an acknowleged expert on the Iraq/Niger uranium claims (the pseudonymous “eRiposte”), and Hamsher, “all of whom lodge at a Washington apartment rented for the duration of the trial.” Their work is so intensive and the bloggers so well-versed in the intricacies of the trial and its surrounding issues that “[m]any mainstream journalists use [FDL’s live coverage] to check on the trial.”
'Coming of Age' for Bloggers - Shane writes: “For blogs, the Libby trial marks a courthouse coming of age. It is the first federal case for which independent bloggers have been given official credentials along with reporters from the traditional news media” (see Early January, 2007). Robert A. Cox of the Media Bloggers Association says, “My goal is to get judges to think of bloggers as citizen journalists who should get the same protections as other journalists get.” Left-leaning bloggers such as those from FDL routinely disparage Libby and other Bush administration members in their writings, Shane notes, while right-wing blogs covering the trial, such as American Thinker, have targeted prosecution witnesses such as Tim Russert (see February 7-8, 2007) for their criticism. Sheldon Snook, the court official in charge of the news media, says the decision to admit bloggers (five to 10 out of the 100 or so reporters present on busy trial days) has worked out well. Snook tells Shane, “It seems they can provide legal analysis and a level of detail that might not be of interest to the general public but certainly has an audience.” Shane observes that “the Libby trial bloggers are a throwback to a journalistic style of decades ago, when many reporters made no pretense of political neutrality. Compared with the sober, neutral drudges of the establishment press, the bloggers are class clowns and crusaders, satirists and scolds.” Wheeler says covering the trial alongside mainstream reporters has confirmed some of her skepticism about mainstream journalism. “It’s shown me the degree to which journalists work together to define the story,” she says. “[O]nce the narrative is set on a story, there’s no deviating from it.” Hamsher, who is battling breast cancer, says of blogging, “There’s a snarky, get-under-the-surface-of-things quality to it that’s really me.” (The Times later notes that the FDL and other bloggers are not the first to cover a federal trial; anti-tobacco activist Gene Borio covered the trial of the federal government’s lawsuit against the tobacco industry in 2004.) [Marcy Wheeler, 2/8/2007; New York Times, 2/15/2007]
Countered 'Involved' Mainstream Media - In a contemporaneous interview with US News and World Report, Hamsher says of the mainstream coverage: “The media was having difficulty covering it because they were so involved in it. When the investigation started, Karl Rove’s attorney start[ed] putting out all this stuff. And every day the story would change and the blogosphere would document that. We had thousands of people showing up at our site and pointing out that the stories were never consistent. This story had so much information, and so many articles were written that it enabled the blogosphere to take in all of this information. And a cadre of professional people—not kids in their underwear—came together, compared notes, and developed a narrative of the story that was a pushback to the one that was being generated by the powers that be.… Our work on this particular topic has done a lot to defeat the notion that bloggers are fact free.” [Christy Hardin Smith, 2/15/2007] Salon’s progressive blogger Glenn Greenwald calls FDL’s trial coverage “intense, comprehensive, and superb.… [T]hey have produced coverage of this clearly significant event—one which has provided rare insight into the inner workings of the Beltway political and journalistic elite—that simply never is, and perhaps cannot be, matched by even our largest national media outlets.” He notes that even conservative news outlets such as the National Review have relied on FDL’s “liveblogging” of the trial for their reporting. [Salon, 2/15/2007] Shortly before the article comes out, Wheeler posts: “[T]he importance of having this story be told from a blogger’s perspective… is because there is so much about it the mainstream media cannot comfortably report. This story strikes at the core reasons why there are bloggers, why so many readers and writers have decided to invest their time in citizen driven media.” [Marcy Wheeler, 2/8/2007]
Presiding Judge Treats Bloggers as Professionals - Smith writes: “For the record, Judge Walton’s entire staff and all the folks at the courthouse have been wonderful throughout the entire process. From the first day forward, our whole team of bloggers were treated like every other professional covering the case—there was no distinction made, no patronizing attitude, just the same treatment for all of us. The amount of work that has gone into covering this case has been astronomical—the live blogging, the courtroom observations, the late night analysis, all the IMs [instant messages] and phone calls to cross-check details—you name it. But so worth it, still, to get the entire story out and not just blurbs and bits. And I cannot thank Judge Walton and his staff enough for giving us this opportunity. Truly.”
Error in Reporting Corrected - Smith corrects an error in Shane’s reporting, noting that the Media Bloggers Association did not negotiate their media passes to gain admittance to the courtroom; that was done largely by Hamsher and the other FDL contributors, with assistance from author and fellow blogger Arianna Huffington. [Christy Hardin Smith, 2/15/2007]

Entity Tags: Bush administration (43), American Thinker, Robert Cox, Scott Shane, Sheldon Snook, Arianna Huffington, New York Times, “Swopa”, “eRiposte”, National Review, Reggie B. Walton, Marcy Wheeler, Media Bloggers Association, FireDogLake, Gene Borio, Glenn Greenwald, Christy Hardin Smith, Jeralyn Merritt, Karl C. Rove, Lewis (“Scooter”) Libby, Jane Hamsher

Timeline Tags: Niger Uranium and Plame Outing

The New York Times editorial board publishes an op-ed about the conviction of former White House official Lewis Libby (see March 6, 2007). The Times writes that Libby, at one time one of the most senior officials in the White House, “was caught lying to the FBI. He appears to have been trying to cover up a smear campaign that was orchestrated by his boss against the first person to unmask one of the many untruths that President Bush used to justify invading Iraq. He was charged with those crimes, defended by the best lawyers he could get, tried in an open courtroom, and convicted of serious felonies.” The Times says the verdict is a “reminder of how precious the American judicial system is, at a time when it is under serious attack from the same administration Mr. Libby served. That administration is systematically denying the right of counsel, the right to evidence, and even the right to be tried to scores of prisoners who may have committed no crimes at all.” The Times also notes that the trial gave an important glimpse into “the methodical way that [Vice President Dick] Cheney, Mr. Libby, [White House political strategist] Karl Rove, and others in the Bush inner circle set out to discredit Ms. Wilson’s husband, Joseph Wilson IV. Mr. Wilson, a career diplomat, [who] was sent by the State Department in 2002 [later corrected by the Times to acknowledge that the CIA sent Wilson] to check out a British intelligence report that Iraq had tried to buy uranium from the government of Niger for a secret nuclear weapons program.” Wilson’s exposure of the Bush administration’s false claims that Iraq had tried to buy Nigerien uranium (see Mid-January 2003 and 9:01 pm January 28, 2003) led to a Cheney-led “smear campaign” against Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006) which led to the exposure of his wife, Valerie Plame Wilson, as a covert CIA official (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003). The Times writes: “That is what we know from the Libby trial, and it is some of the clearest evidence yet that this administration did not get duped by faulty intelligence; at the very least, it cherry-picked and hyped intelligence to justify the war.… What we still do not know is whether a government official used Ms. Wilson’s name despite knowing that she worked undercover. That is a serious offense, which could have put her and all those who had worked with her in danger.” While the Times decries special counsel Patrick Fitzgerald jailing a former Times reporter, Judith Miller, for refusing to reveal Libby as her confidential source (see July 6, 2005), “it was still a breath of fresh air to see someone in this administration, which specializes in secrecy, prevarication, and evading blame, finally called to account.” [New York Times, 3/7/2007]

Entity Tags: Judith Miller, Bush administration (43), Federal Bureau of Investigation, Joseph C. Wilson, Valerie Plame Wilson, Patrick J. Fitzgerald, Karl C. Rove, George W. Bush, New York Times, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Jonathan Landay and Warren Strobel.Jonathan Landay and Warren Strobel. [Source: PBS]John Walcott, the bureau chief of Knight Ridder Newspapers (now McClatchy), recalls that he and his colleagues did not believe the Bush administration’s assertions of the connections between Iraq and the 9/11 attacks. “It was not clear to us why anyone was asking questions about Iraq in the wake of an attack that had al-Qaeda written all over it,” he recalls. He assigned his two top foreign affairs and national security reporters, Warren Strobel and Jonathan Landay, veterans with more than 40 years’ experience between them, to investigate the claims. Strobel recalls, “We were basically, I think, hearing two different messages from—there’s a message, the public message the administration was giving out about Iraq—it’s WMD, the fact there was an immediate threat, grave threat, gathering threat—but that was so different from what we were hearing from people on the inside, people we had known in many cases for years and trusted.” Strobel and Landay learned from reliable sources inside the US intelligence community that few outside the White House believed the assertions of an Iraq-9/11 connection. “When you’re talking to the working grunts, you know, uniform military officers, intelligence professionals, professional diplomats, those people are more likely than not—not always, of course, but more likely than not—to tell you some version of the truth, and to be knowledgeable about what they’re talking about when it comes to terrorism or the Middle East, things like that,” says Strobel. He and Landay wrote numerous articles detailing the skepticism about the administration’s claims, but, in many cases, editors chose not to use their work. “There was a lot of skepticism among our editors because what we were writing was so at odds with what most of the rest of the Washington press corps was reporting and some of our papers frankly, just didn’t run the stories,” Strobel says. “They had access to the New York Times wire and the Washington Post wire and they chose those stories instead.” Walcott explains his own rationale: “A decision to go to war, even against an eighth-rate power such as Iraq, is the most serious decision that a government can ever make. And it deserves the most serious kind of scrutiny that we in the media can give it. Is this really necessary? Is it necessary to send our young men and women to go kill somebody else’s young men and women?”
Outside the Beltway - Knight Ridder did not have newspapers in either Washington or New York City, and therefore was viewed by many insiders as “out of the loop.” Washington Post reporter Walter Pincus says: “The administration can withstand the Knight Ridder critique because it wasn’t reverberating inside Washington. And therefore people weren’t picking it up.” Walcott describes Knight Ridder as “under the radar most of the time.… We were not a company that, I think, Karl Rove and others cared deeply about, even though in terms of readers, we’re much bigger than the New York Times and the Washington Post. We’re less influential. There’s no way around that.” Strobel half-humorously asks: “How many times did I get invited on the talk show? How many times did you [Landay] get invited on a talk show?” Landay replies: “You know what? I’ll tell you who invited me on a talk show. C-SPAN.”
Self-Doubts - Strobel says of that time period: “But there was a period when we were sittin’ out there and I had a lot of late night gut checks where I was just like, ‘Are we totally off on some loop here?‘… ‘Are we wrong? Are we gonna be embarrassed?’” Landay adds, “Everyday we would look at each other and say—literally one of us would find something out—and I’d look at him and say, ‘What’s going on here?’” Media analyst Eric Boehlert says: “But I think it’s telling that they didn’t really operate by that beltway game the way the networks, the cable channels, Newsweek, Time, New York Times, Washington Post. They seem to sort of operate outside that bubble. And look at what the benefits were when they operated outside that bubble. They actually got the story right. What’s important is it’s proof positive that that story was there. And it could have been gotten. And some people did get it. But the vast majority chose to ignore or not even try.” Former CNN news chief Walter Isaacson confirms the solid reporting of Strobel and Landay: “The people at Knight Ridder were calling the colonels and the lieutenants and the people in the CIA and finding out, ya know, that intelligence is not very good. We should’ve all been doing that.” [PBS, 4/25/2007]

Entity Tags: Walter Pincus, Washington Post, Walter Isaacson, Warren Strobel, Newsweek, Eric Boehlert, John Walcott, C-SPAN, Al-Qaeda, Bush administration (43), Jonathan Landay, Karl C. Rove, New York Times, Time magazine, Knight Ridder Newspapers

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

Eric Lichtblau.Eric Lichtblau. [Source: PBS]Jack Goldsmith, the former head of the Justice Department’s Office of Legal Counsel (see October 6, 2003 and June 17, 2004), is subpoenaed to testify in the Justice Department’s investigation of the leaks that resulted in the New York Times’s dramatic disclosure of the NSA domestic wiretapping program (see December 15, 2005). Goldsmith had spoken to one of the two Times reporters, Eric Lichtblau, in October 2004, three months after his resignation from the OLC, but lied to Lichtblau, saying he knew nothing of the program. He immediately alerted his former boss, Deputy Attorney General James Comey, of the interview.
'Stunned' By Subpoena - In his September 2007 book The Terror Presidency, Goldsmith will recall being “stunned” at the subpoena, though the two FBI agents who give him the subpoena—in public—say that they don’t suspect him as the source of the leak. Goldsmith later recalls, “What angered me most about the subpoena I received on that wet day in Cambridge was not the expense of lawyers or a possible perjury trap, but rather the fact that it was Alberto Gonzales’s Justice Department that had issued it. As [the two FBI agents] knew, I had spent hundreds of very difficult hours at OLC, in the face of extraordinary White House resistance, trying to clean up the legal mess that then-White House Counsel Gonzales, David Addington, John Yoo, and others had created in designing the foundations of the Terrorist Surveillance Program. It seemed rich beyond my comprehension for a Gonzales-led Department of Justice to be pursuing me for possibly illegal actions in connection with the Terrorist Surveillance Program….”
Supported Surveillance of Terrorism - Goldsmith will continue, “I was not opposed to the leak investigation itself or to vigorous surveillance of terrorists. I agreed with President Bush that the revelations by [James] Risen and Lichtblau had alerted our enemies, put our citizens at risk, and done ‘great harm’ to the nation. I hoped the FBI would find and punish the leakers, and I had spent many hours trying to help them do so. I also shared many of the White House’s concerns with the Foreign Intelligence Surveillance Act (FISA), the 1978 domestic wiretapping law that required executive officers, on pain of jail, to get a court warrant before wiretapping suspected enemies in the United States. We were at war with terrorists who were armed with disposable cell phones and encrypted e-mails buried in a global multibillion-communications-per-day system. It seemed crazy to require the commander in chief and his subordinates to get a judge’s permission to listen to each communication under a legal regime that was designed before technological revolutions brought us high-speed fiber-optic networks, the public Internet, e-mail, and ten-dollar cell phones. But I deplored the way the White House went about fixing the problem. ‘We’re one bomb away from getting rid of that obnoxious [FISA] court,’ Addington had told me in his typically sarcastic style during a tense White House meeting in February of 2004 (see February 2004). The vice president’s counsel, who was the chief legal architect of the Terrorist Surveillance Program, was singing the White House tune on FISA. He and the vice president had abhorred FISA’s intrusion on presidential power ever since its enactment in 1978. After 9/11 they and other top officials in the administration dealt with FISA the way they dealt with other laws they didn’t like: They blew through them in secret based on flimsy legal opinions that they guarded closely so no one could question the legal basis for the operations. My first experience of this strict control, in fact, had come in a 2003 meeting when Addington angrily denied the NSA inspector general’s request to see a copy of OLC’s legal analysis in support of the Terrorist Surveillance Program. Before I arrived in OLC, not even NSA lawyers were allowed to see the Justice Department’s legal analysis of what NSA was doing.”
Difficult to Justify Legally - Goldsmith will write of the difficulties he found in finding legal justifications for the program. “I first encountered the program in 2003-2004, long after it had been integrated into the post-9/11 counterterrorism architecture. Putting it legally aright at that point, without destroying some of the government’s most important counterterrorism tools, was by far the hardest challenge I faced in government. And the whole ordeal could have been avoided.…In 2004, I and others in the Department of Justice had begun the process of working with the FISA court to give the commander in chief much more flexibility in tracking terrorists. From the beginning the administration could have taken these and other steps to ramp up terrorist surveillance in indisputably lawful ways that would have minimized the likelihood of a devastating national security leak. But only if it had been willing to work with the FISA court or Congress. The White House had found it much easier to go it alone, in secret.” [Slate, 9/10/2007]

Entity Tags: Richard (“Dick”) Cheney, US Department of Justice, New York Times, Terrorist Surveillance Program, John C. Yoo, Office of Legal Counsel (DOJ), James B. Comey Jr., Eric Lichtblau, David S. Addington, Alberto R. Gonzales, James Risen, Jack Goldsmith, Foreign Intelligence Surveillance Court, Foreign Intelligence Surveillance Act, Federal Bureau of Investigation, George W. Bush

Timeline Tags: Civil Liberties

Washington Post columnist Richard Cohen, described by observers as a moderate liberal, castigates US Attorney Patrick Fitzgerald and the government lawyers who successfully prosecuted former White House senior aide Lewis (“Scooter”) Libby (see October 28, 2005 and March 6, 2007). Unlike some of his more conservative colleagues (see October 29, 2005, October 31, 2005, November 4, 2005, November 17, 2005, November 18, 2005, December 8, 2005, April 9, 2006, April 17, 2006, July 12, 2006, Late August-Early September, 2006, September 2-5, 2006, September 5, 2006, September 5, 2006, September 7, 2006, October 16, 2006, January 17, 2007, February 16, 2007, February 16, 2007, February 27, 2007, March 6, 2007, March 6, 2007, March 6, 2007, March 7, 2007, March 7, 2007, March 7, 2007, March 7, 2007, March 8-9, 2007, March 9, 2007, and March 11, 2007), Cohen does not plainly state that Libby is innocent of any crime. Rather, Cohen accuses Fitzgerald of doing the work of the “liberal press (especially the New York Times)” and “opponents of the Iraq war” in “mak[ing] a mountain out of a molehill.” The outing of clandestine CIA agent Valerie Plame Wilson (see July 14, 2003 and July 12, 2006) was nothing more than a “run-of-the-mill leak,” he writes. Moreover, he writes, Fitzgerald “wound up prosecuting not the leaker—Richard Armitage of the State Department (see June 13, 2003)—but Libby, convicted in the end of lying. Cohen justifies his claim by writing: “This is not an entirely trivial matter since government officials should not lie to grand juries, but neither should they be called to account for practicing the dark art of politics. As with sex or real estate, it is often best to keep the lights off.” Cohen goes on to call the Libby investigation “a train wreck—mile after mile of shame, infamy, embarrassment, and occasional farce.” He accuses Fitzgerald of using the power of his office to unjustly compel journalists to testify to their own knowledge and complicity in Libby’s leak. The Iraq war opponents “cheered” Fitzgerald on, Cohen writes, and goes on to say that those opponents “thought—if ‘thought’ can be used in this context—that if the thread was pulled on who had leaked the identity of Valerie Plame to Robert D. Novak, the effort to snooker an entire nation into war would unravel and this would show… who knows? Something. For some odd reason, the same people who were so appalled about government snooping, the USA Patriot Act, and other such threats to civil liberties cheered as the special prosecutor weed-whacked the press, jailed a reporter, and now will send a previously obscure government official to prison for 30 months.” Had the Iraq war only claimed 300 American lives and ended with a clear victory, Cohen writes, no one would have called for any such investigation. As it stands, he continues, the anti-war left and the “liberal press” demanded “scalps” and was given Libby’s. “Accountability is one thing,” Cohen writes. “By all means, let Congress investigate and conduct oversight hearings with relish and abandon. But a prosecution is a different matter. It entails the government at its most coercive—a power so immense and sometimes so secretive that it poses much more of a threat to civil liberties, including freedom of the press, than anything in the interstices of the scary Patriot Act.” He concludes by calling on President Bush to commute Libby’s sentence. [Washington Post, 6/19/2007; Salon, 6/19/2007] Cohen has previously asked that the prosecution of Libby be terminated (see October 13, 2005), called Libby’s prosecution “silly,” and misrepresented the facts behind the prosecution (see January 30, 2007). Author, columnist, and former civil liberties lawyer Glenn Greenwald, writing a response to Cohen’s column for his blog in the Internet news publication Salon, savages Cohen by mockingly “praising” Cohen’s column as perfectly “capturing the essence of our Beltway media.” Cohen’s exhortation to allow politics to be practiced with “the lights off” is, Greenwald asserts, “the central belief of our Beltway press.… If that isn’t the perfect motto for our bold, intrepid, hard-nosed political press, then nothing is.” Greenwald notes what he calls the “multiple falsehoods” of Cohen’s argument—the appointment of Fitzgerald to investigate the leak that outed Plame Wilson was not a result of pressure from the “liberal press” or what Cohen calls the “sanctimon[ious]” anti-war left, unless the CIA and the Justice Department are left-wing organizations (see July 30, 2003, Before September 16, 2003 and December 30, 2003). Greenwald writes that the core of Cohen’s apparent horror and indignation at the pursuit of the Plame Wilson leak is that his colleagues in the media were investigated and in one instance jailed (see July 6, 2005). “As any prosecutor knows—and Martha Stewart can attest—white-collar types tend to have a morbid fear of jail,” Greenwald quotes Cohen as writing. Greenwald responds: “Indeed, it is so terribly unfair to investigate powerful government officials because, as ‘white-collar types,’ they have a ‘morbid fear of jail’—in contrast, of course, to blue-collar types, and darker ones still, who really do not mind prison at all. Why would they? It’s their natural habitat, where they belong. That is what prison is for. That has been the real point here all along. The real injustice is that prison is simply not the place for the most powerful and entrenched members of the Beltway royal court, no matter how many crimes they commit. There is a grave indignity to watching our brave Republican elite be dragged before such lowly venues as a criminal court and be threatened with prison, as though they are common criminals or something. How disruptive and disrespectful and demeaning it all is.” Greenwald says that the “most valuable lesson of Cohen’s column… is that the overriding allegiance of our permanent Beltway ruling class is to the royal court which accords them their status and prestige. That overarching allegiance overrides, easily, any supposed partisan, ideological or other allegiances which, in their assigned roles, they are ostensibly defending.” Were the Beltway press to actually investigate and pursue stories instead of “snuggling” with their “friends” in government, it would expose corruption and foster justice, instead of encouraging corruption and fostering injustice. Greenwald concludes: “Our media stars have not merely stood idly by while our highest government officials engage in endless deceit and corruption. They actively defend it, enable it, justify it, and participate in it. Keeping the lights off is their principal function, one which—with rare and noble exceptions—they perform quite eagerly.” [Salon, 6/19/2007]

Entity Tags: Lewis (“Scooter”) Libby, Richard Armitage, New York Times, Richard Cohen, Glenn Greenwald, Valerie Plame Wilson, Robert Novak, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Attorney General Alberto Gonzales testifies before the Senate Judiciary Committee concerning his 2004 visit to then-Attorney General John Ashcroft’s hospital room to pressure Ashcroft into signing a recertification of the NSA’s secret domestic wiretapping program (see March 10-12, 2004). Former Deputy Attorney General James Comey has already testified before the same committee (see May 15, 2007) that Gonzales, then White House counsel, and then-chief of staff Andrew Card tried to pressure Ashcroft, then just hours out of emergency surgery, to overrule Comey, who was acting attorney general during Ashcroft’s incapacitation. Gonzales and Card were unsuccessful, and Comey, along with Ashcroft, FBI director Robert Mueller, and others, threatened to resign if the program wasn’t brought into line with the Constitution. But today Gonzales tells a quite different story. Gonzales tells the committee that he and Card only went to Ashcroft because Congress itself wanted the program to continue (see March 10, 2004), and he and Card merely intended to “inform” Ashcroft about Comey’s decision, and not to try to get Ashcroft to overrule Comey. Many of the senators on the committee are amazed at Gonzales’s contention that Congress wanted Comey overruled. And they are equally appalled at Gonzales’s seemingly cavalier explanation that he and Card were not, as Comey has testified, trying to pressure a sick man who “wasn’t fully competent to make that decision” to overrule his deputy in such a critical matter: Gonzales’s contention that “there are no rules” governing such a matter does not carry much weight with the committee. Many senators, including Dianne Feinstein (D-CA), simply do not believe Gonzales’s explanations; she says that to secure Ashcroft’s reversal was “clearly the only reason why you would go see the attorney general in intensive care.” Gonzales replies that he and Card were operating under what he calls “extraordinary circumstances,” in which “we had just been advised by the Congressional leadership, go forward anyway, and we felt it important that the attorney general, general Ashcroft, be advised of those facts.” Only later in the hearing does Sheldon Whitehouse (D-RI) force Gonzales to admit that he was indeed carrying a reauthorization order from the White House, something that he likely would not have had if he were not there to secure Ashcroft’s signature. [TPM Muckraker, 7/24/2007] Committee chairman Patrick Leahy (D-VT) says in his opening statement that Gonzales has “a severe credibility problem,” and continues, “It is time for the attorney general to fully answer these questions and to acknowledge and begin taking responsibility for the acute crisis of leadership that has gripped the department under his watch.” He goes on to note that the Bush administration has squandered the committee’s trust “with a history of civil liberty abuses and cover-ups.” Gonzales garners little trust with his own opening, which states in part, “I will not tolerate any improper politicization of this department. I will continue to make efforts to ensure that my staff and others within the department have the appropriate experience and judgment so that previous mistakes will not be repeated. I have never been one to quit.” [USA Today, 7/24/2007]
'I Don't Trust You' - Arlen Specter (R-PA) is another senator who questions Gonzales’s veracity. “Assuming you’re leveling with us on this occasion,” he says, “…I want to move to the point about how can you get approval from Ashcroft for anything when he’s under sedation and incapacitated—for anything.” Gonzales replies, “Senator, obviously there was concern about General Ashcroft’s condition. And we would not have sought nor did we intend to get any approval from General Ashcroft if in fact he wasn’t fully competent to make that decision. But General—there are no rules governing whether or not General Ashcroft can decide, ‘I’m feeling well enough to make this decision.’” Gonzales adds that the fact that Comey was acting attorney general was essentially irrelevant, as Ashcroft “could always reclaim that. There are no rules.” “While he’s in the hospital under sedation?” Specter asks incredulously. [TPM Muckraker, 7/24/2007] “It seems to me that it is just decimating, Mr. Attorney General, as to both your judgment and your credibility. And the list goes on and on.” [USA Today, 7/24/2007] After Gonzales’s restatement of his version of events, Specter observes tartly, “Not making any progress here. Let me go to another topic.” Gonzales goes on to say that he and Card visited Ashcroft hours after they had informed the so-called “Gang of Eight,” the eight Congressional leaders who are sometimes briefed on the surveillance program, that Comey did not intend to recertify the program as legal, “despite the fact the department had repeatedly approved those activities over a period of over two years. We informed the leadership that Mr. Comey felt the president did not have the authority to authorize these activities, and we were there asking for help, to ask for emergency legislation.” Gonzales claims that the Congressional leaders felt that the program should be reauthorized with or without Comey’s approval, and that since it would be “very, very difficult to obtain legislation without compromising this program…we should look for a way ahead.” Gonzales confirms what Comey has already said, that Ashcroft refused to overrule Comey. “…I just wanted to put in context for this committee and the American people why Mr. Card and I went. It’s because we had an emergency meeting in the White House Situation Room, where the congressional leadership had told us, ‘Continue going forward with this very important intelligence activity.’” Feinstein is also obviously impatient with Gonzales’s testimony, saying, “And I listen to you. And nothing gets answered directly. Everything is obfuscated. You can’t tell me that you went up to see Mr. Comey for any other reason other than to reverse his decision about the terrorist surveillance program. That’s clearly the only reason you would go to see the attorney general in intensive care.” Gonzales says that he and Card were only interested in carrying out the will of the Congressional leadership: “Clearly, if we had been confident and understood the facts and was inclined to do so, yes, we would have asked him to reverse [Comey’s] position.” When Feinstein confronts Gonzales on the contradictions between his own testimony’s and Comey’s, Gonzales retreats, claiming that the events “happened some time ago and people’s recollections are going to differ,” but continues to claim that the prime purpose of the visit was merely to inform Ashcroft of Comey’s resistance to reauthorizing the program. Like some of his fellows, Leahy is reluctant to just come out and call Gonzales a liar, but he interrupts Gonzales’s tortured explanations to ask, “Why not just be fair to the truth? Just be fair to the truth and answer the question.” [TPM Muckraker, 7/24/2007] Leahy, out of patience with Gonzales’s evasions and misstatements, finally says flatly, “I don’t trust you.” [CNN, 7/24/2007]
Whitehouse Grills Gonzales - Whitehouse wants to know if the program “was run with or without the approval of the Department of Justice but without the knowledge and approval of the attorney general of the United States, if that was ever the case.” Gonzales says he believes the program ran with Ashcroft’s approval for two years before the hospital incident: “From the very—from the inception, we believed that we had the approval of the attorney general of the United States for these activities, these particular activities.” It is now that Gonzales admits, under Whitehouse’s questioning, that he indeed “had in my possession a document to reauthorize the program” when he entered Ashcroft’s hospital room. He denies knowing anything about Mueller directing Ashcroft’s security detail not to let him and Card throw Comey out of the hospital room, as Comey previously testified. Whitehouse says, “I mean, when the FBI director considers you so nefarious that FBI agents had to be ordered not to leave you alone with the stricken attorney general, that’s a fairly serious challenge.” Gonzales replies that Mueller may not have known that he was merely following the wishes of the Congressional leadership in going to Ashcroft for reauthorization: “The director, I’m quite confident, did not have that information when he made those statements, if he made those statements.” [TPM Muckraker, 7/24/2007; CNN, 7/24/2007]
'Deceiving This Committee' - Charles Schumer (D-NY), one of Gonzales’s harshest critics, perhaps comes closest to accusing Gonzales of out-and-out lying. Schumer doesn’t believe Gonzales’s repeated assertions that there was little or no dissent among White House and Justice Department officials about the anti-terrorism programs, and what little dissent there is has nothing to do with the domestic surveillance program. “How can you say you haven’t deceived the committee?” Schumer asks. Gonzales not only stands by his claims, but says that the visit to Ashcroft’s hospital bed was not directly related to the NSA program, but merely “about other intelligence activities.” He does not say what those other programs might be. An exasperated Schumer demands, “How can you say you should stay on as attorney general when we go through exercises like this? You want to be attorney general, you should be able to clarify it yourself.” [Associated Press, 7/24/2007] Specter does not believe Gonzales any more than Schumer does; he asks Gonzales tartly, “Mr. Attorney General, do you expect us to believe that?” [CNN, 7/24/2007] In his own questioning, Whitehouse says that he believes Gonzales is intentionally misleading the committee about which program caused dissent among administration officials. Gonzales retorts that he can’t go into detail in a public hearing, but offers to provide senators with more information in private meetings. [Associated Press, 7/24/2007] Gonzales’s supporters will later claim that Gonzales’s characterization of little or no dissent between the White House and the Justice Department is technically accurate, because of differences between the NSA’s warrantless wiretapping program and that agency’s data mining program, but Senate Democrats do not accept that explanation (see Early 2004, May 16, 2007).
Executive Privilege Undermines Congressional Oversight? - Specter asks Gonzales how there can be a constitutional government if the president claims executive privilege when Congress exerts its constitutional authority for oversight. Gonzales refuses to answer directly. “Senator, both the Congress and the president have constitutional authorities,” Gonzales says. “Sometimes they clash. In most cases, accommodations are reached.” “Would you focus on my question for just a minute, please?” Specter retorts. Gonzales then replies, “Senator, I’m not going to answer this question, because it does relate to an ongoing controversy in which I am recused,” eliciting a round of boos from the gallery. [CNN, 7/24/2007]
Mueller Will Contradict Gonzales - Mueller will roundly contradict Gonzales’s testimony, and affirm the accuracy of Comey’s testimony, both in his own testimony before Congress (see July 26, 2007) and in notes the FBI releases to the media (see August 16, 2007).
Impeach Gonzales for Perjury? - The New York Times writes in an op-ed published five days after Gonzales’s testimony, “As far as we can tell, there are three possible explanations for Mr. Gonzales’s talk about a dispute over other—unspecified—intelligence activities. One, he lied to Congress. Two, he used a bureaucratic dodge to mislead lawmakers and the public: the spying program was modified after Mr. Ashcroft refused to endorse it, which made it ‘different’ from the one Mr. Bush has acknowledged. The third is that there was more wiretapping than has been disclosed, perhaps even purely domestic wiretapping, and Mr. Gonzales is helping Mr. Bush cover it up. Democratic lawmakers are asking for a special prosecutor to look into Mr. Gonzales’s words and deeds. Solicitor General Paul Clement has a last chance to show that the Justice Department is still minimally functional by fulfilling that request. If that does not happen, Congress should impeach Mr. Gonzales.” [New York Times, 7/29/2007] A Washington Post editorial from May 2007 was hardly more favorable to Gonzales: “The dramatic details should not obscure the bottom line: the administration’s alarming willingness, championed by, among others, Vice President Cheney and his counsel, David Addington, to ignore its own lawyers. Remember, this was a Justice Department that had embraced an expansive view of the president’s inherent constitutional powers, allowing the administration to dispense with following the Foreign Intelligence Surveillance Act. Justice’s conclusions are supposed to be the final word in the executive branch about what is lawful or not, and the administration has emphasized since the warrantless wiretapping story broke that it was being done under the department’s supervision. Now, it emerges, they were willing to override Justice if need be. That Mr. Gonzales is now in charge of the department he tried to steamroll may be most disturbing of all.” [Washington Post, 5/16/2007]

Entity Tags: Senate Judiciary Committee, Washington Post, Robert S. Mueller III, Arlen Specter, Alberto R. Gonzales, Andrew Card, “Gang of Eight”, Paul Clement, Sheldon Whitehouse, New York Times, Dianne Feinstein, Patrick J. Leahy, Charles Schumer, Federal Bureau of Investigation, David S. Addington, John Ashcroft, National Security Agency, James B. Comey Jr.

Timeline Tags: Civil Liberties

In a letter to Senator Arlen Specter (R-PA), Director of National Intelligence Mike McConnell acknowledges that President Bush “authorized the National Security Agency to undertake various intelligence activities designed to protect the United States from further terrorist attack.” Many of these “intelligence activities,” the nature of which has never been made public, were authorized under the same secret executive order Bush used to authorize the NSA’s domestic warrantless wiretapping program (see Early 2002). McConnell says that the only aspects of the variety of programs that can be acknowledged or discussed are those already revealed by the New York Times in its expose of the NSA warrantless surveillance program (see December 15, 2005). McConnell adds, “It remains the case that the operational details even of the activity acknowledged and described by the President have not been made public and cannot be disclosed without harming national security.” McConnell also acknowledges that the marketing moniker “Terrorist Surveillance Program” was adopted in early 2006, after the revelations of the NSA program hit the media. [Mike McConnell, 7/31/2007 pdf file]

Entity Tags: National Security Agency, Arlen Specter, Mike McConnell, George W. Bush, Terrorist Surveillance Program, New York Times

Timeline Tags: Civil Liberties

FBI agents raid the home of former Justice Department prosecutor Thomas Tamm, who is suspected of leaking information to the New York Times regarding the Bush administration’s warrantless wiretapping program (see Spring 2004 and December 15, 2005). Tamm previously worked in the Justice Department’s Office of Intelligence Policy and Review (OIPR), which oversees surveillance of terrorist and espionage suspects. The FBI agents seize Tamm’s computer as well as those of his three children and a store of personal files. They also take some of his books (including one on famed Watergate whistleblower “Deep Throat” (see May 31, 2005), and even the family’s Christmas card list. Tamm is not home when the raid is staged, so the agents sit his wife and children around the kitchen table and grill them about Tamm’s activities. His oldest son, Terry, will later recall: “They asked me questions like ‘Are there any secret rooms or compartments in the house’? Or did we have a safe? They asked us if any New York Times reporters had been to the house. We had no idea why any of this was happening.” The raid is part of a leak probe ordered by President Bush (see December 30, 2005). James X. Dempsey of the Center for Democracy and Technology calls the decision to stage the raid “amazing,” and says it shows the administration’s misplaced priorities: using FBI agents to track down leakers instead of processing intel warrants to close the gaps. [Newsweek, 8/2007; Newsweek, 12/22/2008] In late 2008, Tamm will reveal to Newsweek that he is one source for the Times articles (see December 22, 2008). At the time of the raid, his family has no idea that he knows anything about the wiretapping program, or that he has spoken to reporters. [Newsweek, 12/22/2008]

Entity Tags: Office of Intelligence Policy and Review, Federal Bureau of Investigation, Bush administration (43), ’Stellar Wind’, George W. Bush, James X. Dempsey, New York Times, Thomas Tamm, US Department of Justice, Terry Tamm

Timeline Tags: Civil Liberties

In an op-ed, the New York Times calls the idea that the US has “the best health care system in the world,” as recently stated by President Bush, or provides “the best medical care in the world,” as recently stated by former New York City Mayor Rudolph Giulani, a “delusion.” “That may be true at many top medical centers,” the Times writes. “But the disturbing truth is that this country lags well behind other advanced nations in delivering timely and effective care.” The Times notes that in 2000, the World Health Organization (WHO) ranked the health care systems of 191 nations. France and Italy were first and second; the US came in 37th. The Times notes a more recent study by “the highly regarded Commonwealth Fund,” which “has pioneered in comparing the United States with other advanced nations through surveys of patients and doctors and analysis of other data”; the latest Commonwealth Fund study put the US last among six highly developed nations (see May 15, 2007). “Other comparative studies also put the United States in a relatively bad light,” the Times notes.
Lack of Universal Coverage - Unlike every other major industrialized nation, the US does not provide universal health coverage. In the US, some 45 million people have no health insurance whatsoever, and millions more suffer with poor coverage. The Times writes, “Although the president has blithely said that these people can always get treatment in an emergency room, many studies have shown that people without insurance postpone treatment until a minor illness becomes worse, harming their own health and imposing greater costs.”
Lack of Access - While citizens of foreign nations often face longer waits before they can see specialists or undergo elective surgery than do Americans in comparable situations, “[t]he real barriers here are the costs facing low-income people without insurance or with skimpy coverage.” However, “even Americans with above-average incomes find it more difficult than their counterparts abroad to get care on nights or weekends without going to an emergency room, and many report having to wait six days or more for an appointment with their own doctors.”
Unfair Disparities - The dichotomy between the care provided to economically well-off Americans and their more economically challenged fellows is worse than in any other industrialized nation. “Americans with below-average incomes are much less likely than their counterparts in other industrialized nations to see a doctor when sick, to fill prescriptions, or to get needed tests and follow-up care.”
Unhealthy Living - The US ranks last among 23 nations in its infant mortality rate—more American children die in infancy than in 22 other countries. “But the problem is much broader,” the Times continues. “We rank near the bottom in healthy life expectancy at age 60, and 15th among 19 countries in deaths from a wide range of illnesses that would not have been fatal if treated with timely and effective care. The good news is that we have done a better job than other industrialized nations in reducing smoking. The bad news is that our obesity epidemic is the worst in the world.”
Varying Quality - The Commonwealth Fund study notes that the US ranks first in providing the correct care for a given condition, and does very well in providing preventative care to its citizens. But it does much worse in coordinating the care of chronically ill patients, in protecting the safety of patients, and in meeting the needs and preferences of patients. Overall, the quality of health care in the US is the lowest among the six nations profiled by the study.
Varying Survival Rates - US citizens live longer than their foreign counterparts with breast cancer, and second-longest with cervical cancer and childhood leukemia. But US citizens rank last or next-to-last in life expectancy for patients with kidney transplants, liver transplants, colorectal cancer, circulatory diseases, respiratory diseases, diabetes, bronchitis, asthma, and emphysema.
Poor Patient Satisfaction - Only 40 percent of Americans are satisfied with the nation’s health care system. Of 17 countries surveyed, the US comes in 14th. The US ranks first in negative public perceptions, with a third of Americans calling for a system-wide revamp of American health care.
Poor Use of Information Technology - American health care providers are years behind their foreign counterparts in their use of information technology, electronic medical records, electronic prescriptions, and more. “This makes it harder to coordinate care, spot errors, and adhere to standard clinical guidelines,” the Times writes.
Conclusion - “With health care emerging as a major issue in the presidential campaign and in Congress, it will be important to get beyond empty boasts that this country has ‘the best health care system in the world’ and turn instead to fixing its very real defects,” the Times concludes. “The main goal should be to reduce the huge number of uninsured, who are a major reason for our poor standing globally.… The world’s most powerful economy should be able to provide a health care system that really is the best.” [New York Times, 8/12/2007]

Entity Tags: Commonwealth Fund, Rudolph (“Rudy”) Giuliani, World Health Organization, George W. Bush, New York Times

Timeline Tags: US Health Care

The New York Times reveals that the Justice Department issued two secret rulings authorizing far more extensive use of torture and abuse during the interrogation of terror suspects than has previously been acknowledged by the White House (see February 2005 and Late 2005). The White House’s deputy press secretary, Tony Fratto, makes the same counterclaim that Bush officials have made for years, saying, “We have gone to great lengths, including statutory efforts and the recent executive order, to make it clear that the intelligence community and our practices fall within US law” and international agreements. But that claim is countered by the statements of over two dozen current and former officials involved in counterterrorism. When Attorney General Alberto Gonzales resigned in September after accusations of misleading Congress and the public on a wide array of issues, he said in his farewell speech that the Justice Department is a “place of inspiration” that had balanced the necessary flexibility to pursue the administration’s war on terrorism with the need to uphold the law and respect civil liberties (see July 25, 2007). But many of Gonzales’s associates at the Justice Department now say that Gonzales was usually compliant with the wishes of Vice President Cheney and Cheney’s chief counsel and adviser, David Addington, to endorse whatever interrogation policies the White House wished in the name of protecting the nation, no matter what conflicts may arise with US and international law or whatever criticisms from other governments, Congressional Democrats, or human rights groups may ensue. Critics, including many of the officials now speaking out, say that Gonzales turned the Justice Department from the independent law enforcement arm of the US government into just another arm of the White House. [New York Times, 10/4/2007]

Entity Tags: Alberto R. Gonzales, Bush administration (43), David S. Addington, New York Times, US Department of Justice, Richard (“Dick”) Cheney, Tony Fratto

Timeline Tags: Torture of US Captives, Civil Liberties

CIA Director Michael Hayden orders an unusual internal investigation of the agency’s Office of the Inspector General (OIG), the press will later learn. The OIG, led by Inspector General John Helgerson, has conducted aggressive investigations of the CIA’s detention and interrogation programs (see May 7, 2004). Current and former government officials say that Hayden’s probe has created anxiety and anger in the OIG, and has sparked questions in Congress of possible conflicts of interest. The review is focusing on complaints that the OIG has not been, as the New York Times reports, a “fair and impartial judge of agency operations,” but instead has “begun a crusade against those who have participated in controversial detention programs.” Some current and former officials say that such a probe threatens to undermine the independence of the office. Former CIA Inspector General Frederick Hitz, who served from 1990 through 1998, says any move by Hayden to conduct a probe into the OIG would “not be proper.” Hitz calls it “a terrible idea,” and adds: “Under the statute, the inspector general has the right to investigate the director. How can you do that and have the director turn around and investigate the IG?” A CIA spokesman says Hayden’s only motive is “to help this office, like any office at the agency, do its vital work even better.” The investigation is being overseen by Robert Deitz, a trusted aide to Hayden who served with him when he ran the National Security Agency. Another member of the investigating group is Associate Deputy Director Michael Morrell. Under the law, the proper procedure for Hayden would be to file complaints with the Integrity Committee of the President’s Council on Integrity and Efficiency, which oversees all the inspectors general, or to go directly to the White House. For an internal inquiry to be launched against an agency’s OIG by the agency head violates the independence and the position of the OIG. Critics say that the timing of Hayden’s investigation is more than coincidental, as Helgerson’s office is readying a number of reports on CIA detention, interrogation, and rendition practices. [New York Times, 10/11/2007]

Entity Tags: John Helgerson, Central Intelligence Agency, Bush administration (43), Frederick Hitz, President’s Council on Integrity and Efficiency, Robert Deitz, Michael Morrell, Michael Hayden, Office of the Inspector General (CIA), New York Times

Timeline Tags: Torture of US Captives

Michael Mukasey.Michael Mukasey. [Source: US Department of Justice]After two months of controversy, and a round of sporadically contentious Senate confirmation hearings, former judge Michael Mukasey narrowly wins the Senate’s approval to become the next attorney general, by an almost-party line 53-40 vote. Musakey replaces Alberto Gonzales, who resigned under fire in September 2007. Many Democrats vote against Mukasey because of his refusal to categorize the interrogation technique of waterboarding as torture, and his refusal to say that he would oppose President Bush’s insistence on eavesdropping on US citizens. Some Democrats took comfort in Mukasey’s characterization of waterboarding as “repugnant,” but others were not pleased by his refusal to say that the practice constitutes torture. Two key Democrats on the Senate Judiciary Committee, Charles Schumer (D-NY) and Dianne Feinstein (D-CA) refused to block Mukasey from going to the Senate for a confirmation vote. Both indicated that they reluctantly supported Mukasey’s nomination because the Justice Department needs an immediate infusion of leadership—Schumer called the department “adrift and rudderless” and in need of “a strong and independent leader”—and they feared if Mukasey was not confirmed, President Bush would put someone worse in the position as an interim appointment. [CNN, 11/8/2007] Schumer says he eventually decided to vote for Mukasey after the judge said “if Congress passed further legislation in this area, the president would have no legal authority to ignore it and Judge Mukasey would enforce it.” But Schumer’s colleague, Ted Kennedy (D-MA), is unimpressed. “Enforcing the law is the job of the attorney general,” Kennedy says. “It’s a prerequisite—not a virtue that enhances a nominee’s qualifications.” Ben Cardin (D-MD) wonders just how far, and how specifically, Congress will have to go to outlaw torture. He asks, “Are we going to have to outlaw the rack because there’s a question whether the rack is torture in this country?” [National Public Radio, 11/7/2007] Arlen Specter (R-PA), the committee’s ranking Republican, calls Mukasey “ethical, honest [and] not an intimate of the president.” [CNN, 11/8/2007] Mukasey is quietly sworn in only hours after winning the Senate vote. [National Public Radio, 11/9/2007] All four Democratic senators running for president—Hillary Clinton (D-NY), Barack Obama (D-IL), Joseph Biden (D-DE), and Christopher Dodd (D-CT)—have said they oppose Mukasey’s nomination. Obama calls Mukasey’s refusal to label waterboarding as torture “appalling,” and notes that Mukasey’s belief that the president “enjoys an unwritten right to secretly ignore any law or abridge our constitutional freedoms simply by invoking national security” disqualify him for the position. The other candidates make similar statements. [Fox News, 10/30/2007] However, none of them actually show up to cast their vote for or against Mukasey. John McCain (R-AZ), another senator running for president, also does not vote. [Associated Press, 11/8/2007] Three days after Mukasey’s confirmation, the New York Times writes a blistering editorial excoriating both the Bush administration and the compliant Senate Democrats for allowing Mukasey to become attorney general (see November 11, 2007).

Entity Tags: US Department of Justice, Senate Judiciary Committee, Michael Mukasey, Richard (“Dick”) Cheney, George W. Bush, Dianne Feinstein, Edward M. (“Ted”) Kennedy, Alberto R. Gonzales, Geneva Conventions, Arlen Specter, Charles Schumer, Ben Cardin, New York Times

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

In a blistering editorial, the New York Times lambasts both the Bush administration and the Democratic leadership in the Senate for allowing Michael Mukasey, the new attorney general, to slide through the confirmation process with so little challenge (see November 8, 2007). The only thing left in the Senate’s traditional responsibility of “advice and consent” is the “consent” part, the editors write. The editorial continues: “Once upon a time, the confirmation of major presidential appointments played out on several levels—starting, of course, with politics. It was assumed that a president would choose like-minded people as cabinet members and for other jobs requiring Senate approval. There was a presumption that he should be allowed his choices, all other things being equal. Before George W. Bush’s presidency, those other things actually counted. Was the nominee truly qualified, with a professional background worthy of the job? Would he discharge his duties fairly and honorably, upholding his oath to protect the Constitution? Even though [he or] she answers to the president, would the nominee represent all Americans? Would he or she respect the power of Congress to supervise the executive branch, and the power of the courts to enforce the rule of law? In less than seven years, Mr. Bush has managed to boil that list down to its least common denominator: the president should get his choices.” The Times observes that in the first six years of Bush’s rule, he had an enthusiastically compliant set of Republican allies in Congress, but during that time, minority Democrats “did almost nothing… to demand better nominees than Mr. Bush was sending up. And now that they have attained the majority, they are not doing any better.” The editors focus particularly on two issues: Mukasey’s refusal to answer straightforward questions on whether waterboarding is torture, and the Democrats’ refusal to filibuster the Senate vote. The Times notes that Mukasey passed confirmation with a 53-40 vote. Democrats have made what the Times calls “excuses for their sorry record” on a host of issues, and first and foremost is the justification that it takes 60 votes to break a filibuster. “So why did Mr. Mukasey get by with only 53 votes?” the Times asks. “Given the success the Republicans have had in blocking action when the Democrats cannot muster 60 votes, the main culprit appears to be the Democratic leadership, which seems uninterested in or incapable of standing up to Mr. Bush.” The editors do not accept the rationale of Mukasey supporters like Charles Schumer (D-NY), who argued that by not confirming Mukasey, the path would be clear for Bush to make an interim appointment of someone far more extreme. The Times calls this line of argument “cozy rationalization,” and by Mukasey’s refusal to answer questions about his position on waterboarding, he has already aligned himself with the extremist wing of the administration. For the record, the Times notes, “Waterboarding is specifically banned by the Army Field Manual, and it is plainly illegal under the federal Anti-Torture Act, federal assault statutes, the Detainee Treatment Act (see December 30, 2005), the Convention Against Torture (see October 21, 1994), and the Geneva Conventions.” Therefore, “[i]t is hard to see how any nominee worthy of the position of attorney general could fail to answer ‘yes.’” The Times speculates that Mukasey was not permitted to answer the question by the White House because a “no” answer “might subject federal officials who carried out Mr. Bush’s orders to abuse and torture prisoners after the 9/11 attacks: the right answer could have exposed them to criminal sanctions.” All in all, the Times is appalled by “the Senate giving the job of attorney general, chief law enforcement officer in the world’s oldest democracy, to a man who does not even have the integrity to take a stand against torture.” [New York Times, 11/11/2007]

Entity Tags: Michael Mukasey, New York Times, Geneva Conventions, Bush administration (43), Charles Schumer, George W. Bush, Convention Against Torture, Detainee Treatment Act

Timeline Tags: Civil Liberties

In light of the just-released National Intelligence Estimate that concluded Iran stopped research on nuclear weapons in 2003 (see December 3, 2007), Editor and Publisher’s Greg Mitchell notes that many media pundits have “promoted [the administration’s] line” of Iran’s imminent emergence as a nuclear threat. He comments: “Many in the media have made [such] claims, often extravagantly, which promoted (deliberately or not) the tubthumping for striking Iran.… [T]oo many in the media seemed to fail to learn the lessons of the Iraqi WMD intelligence failure—and White House propaganda effort—and instead, were repeating it, re: Iran. This time, perhaps, we may have averted war, with little help from most of the media. In this case, it appears, the NIE people managed to resist several months of efforts by the administration to change their assessment. If only they had stiffened their backbones concerning Iraq in 2002.” Three pundits—David Brooks (see January 22, 2006), Thomas Friedman (see June 2007), and Richard Cohen (see October 23, 2007)—managed to, in Mitchells’s words, at least “back some kind of diplomacy in regard to Iran, unlike many of their brethren.” Others were more forceful in their calls for action, including the Washington Post’s Jim Hoagland (see November 4, 2007), the Weekly Standard’s William Kristol (see July 14, 2006), and the Post editorial page (see September 26, 2007). Mitchell notes that many of these pundits are regulars on television news and commentary programs. [Editor & Publisher, 12/4/2007]

Entity Tags: Jim Hoagland, Bush administration (43), David Brooks, Greg Mitchell, Richard Cohen, Washington Post, William Kristol, New York Times, Thomas Friedman

Timeline Tags: US confrontation with Iran

Michael McConnell, the director of national intelligence, writes an op-ed for the New York Times pushing for Congressional immunity for US telecommunications firms over their cooperation with the NSA’s warrantless wiretapping program. Under August’s Protect America Act, McConnell writes, the country is “safer” from terrorist attacks while the privacy of US citizens is protected (see August 5, 2007). The government has “greater understanding of international [al-]Qaeda networks, and the law has allowed us to obtain significant insight into terrorist planning.” But the Act expires in two months, and McConnell wants it re-enacted and significantly expanded “if we are to stay ahead of terrorists who are determined to attack the United States.” Echoing the arguments of Bush administration officials, McConnell attacks the “outdated” Foreign Intelligence Surveillance Act as significantly hindering the government’s “ability to collect timely foreign intelligence.” McConnell complains: “Our experts were diverted from tracking foreign threats to writing lengthy justifications to collect information from a person in a foreign country, simply to satisfy an outdated statute that did not reflect the ways our adversaries communicate. The judicial process intended to protect the privacy and civil liberties of Americans was applied instead to foreign intelligence targets in foreign countries. This made little sense, and the Protect America Act eliminated this problem.” McConnell calls for new legislation that would obviate the need for intelligence agencies such as the NSA to seek warrants to monitor US citizens’ telephone and e-mail communications: “The intelligence community should spend its time protecting our nation, not providing privacy protections to foreign terrorists and other diffuse international threats.” He also calls for retroactive immunity for “private parties”—i.e. the US telecommunications companies—that are subject to lawsuits over their cooperation with the NSA in monitoring US communications. “The intelligence community cannot go it alone,” he writes. “Those in the private sector who stand by us in times of national security emergencies deserve thanks, not lawsuits.” Two days later, new Attorney General Michael Mukasey will write a virtually identical op-ed for the Los Angeles Times (see December 12, 2007). [New York Times, 12/10/2007]

Entity Tags: Foreign Intelligence Surveillance Act, Bush administration (43), Mike McConnell, New York Times, Protect America Act

Timeline Tags: Civil Liberties

The White House protests about a sub-heading in a New York Times story on the destruction of CIA videotapes showing detainee interrogations, and the New York Times admits the subheading was misleading and prints a correction. The subheading is “White House role was wider than it said” (in discussions about what to do with the tapes), but White House spokesperson Dana Perino complains. She issues a statement saying that the subheading is “pernicious and troubling,” as it indicates a conscious effort to mislead by the White House, which has not actually yet officially described its role in the tapes’ destruction except to say that President Bush thinks he was not informed. Even though it corrects the subheading, the paper notes that the White House “had not challenged the content of our story.” [New York Times, 12/19/2007; New York Times, 12/20/2007; Washington Post, 12/20/2007]

Entity Tags: Dana Perino, New York Times, White House

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties, 2008 Elections

The New York Times’s editorial board berates former Justice Department lawyer John Yoo for his defense of his 2003 advocacy of torture (see April 2, 2008), joining retired military officials (see April 2-4, 2008) and legal experts (see April 2-6, 2008). The board writes: “You can often tell if someone understands how wrong their actions are by the lengths to which they go to rationalize them. It took 81 pages of twisted legal reasoning to justify President Bush’s decision to ignore federal law and international treaties and authorize the abuse and torture of prisoners. Eighty-one spine-crawling pages in a memo that might have been unearthed from the dusty archives of some authoritarian regime and has no place in the annals of the United States. It is must reading for anyone who still doubts whether the abuse of prisoners were rogue acts rather than calculated policy.… The purpose of the March 14 memo was equally insidious: to make sure that the policy makers who authorized those acts, or the subordinates who carried out the orders, were not convicted of any crime.… Reading the full text, released this week, makes it startlingly clear how deeply the Bush administration corrupted the law and the role of lawyers to give cover to existing and plainly illegal policies.… When the abuses at Abu Ghraib became public, we were told these were the depraved actions of a few soldiers. The Yoo memo makes it chillingly apparent that senior officials authorized unspeakable acts and went to great lengths to shield themselves from prosecution.” [New York Times, 4/4/2008]

Entity Tags: Bush administration (43), Geneva Conventions, John C. Yoo, US Department of Justice, New York Times

Timeline Tags: Torture of US Captives, Civil Liberties

The various news networks cited in this day’s New York Times expose of their involvement in a overarching Pentagon propaganda campaign to promote the Iraq war by using retired military officers as “independent military analysts” (see April 20, 2008 and Early 2002 and Beyond) say that, by and large, they were unaware of their analysts’ connections with both the administration and with defense contractors. (Many analysts used their access to the Pentagon and the networks to drum up business for themselves and their firms.) The networks say they are always concerned about conflicts of interest, but it is up to the analysts to disclose any such possible conflicts. As for the analysts, they say that the networks had only a dim awareness of their connections either with defense firms or the Pentagon. The networks don’t realize, the analysts claim, how frequently they meet with senior Defense Department officials or what is discussed. One NBC analyst, Rick Francona, says, “I don’t think NBC was even aware we were participating.” Many analysts say that the networks did not inquire deeply into their outside business interests and any potential conflicts of interest. “None of that ever happened,” says former NBC analyst Kenneth Allard. “The worst conflict of interest was no interest.” Allard and others say their network liaisons raised no objections when the Pentagon began paying for their trips to Iraq, a clear ethical violation for any serious news organization. The networks’ responses are limited at best: ABC says it is the analysts’ responsibility to keep them informed of any conflicts of interest; NBC says it has “clear policies” that ensure their analysts are free of conflicts; CBS declines to comment; a Fox News spokeswoman says that network’s executives “refused to participate” in the Times article. As for CNN, it requires its military analysts to disclose in writing all outside sources of interest, but like the other networks, it does not provide its analysts with specific ethical guidelines such as it provides to its full-time employees. In mid-2007, CNN fired one analyst for his conflicts of interest (see July 2007). [New York Times, 4/20/2008]

Entity Tags: US Department of Defense, CBS News, CNN, Rick Francona, Fox News, NBC, Kenneth Allard, New York Times

Timeline Tags: US Military, Events Leading to Iraq Invasion, Domestic Propaganda

Author and civil litigator Glenn Greenwald writes of today’s revelations about the Pentagon’s six-year Iraq propaganda operation (see April 20, 2008 and Early 2002 and Beyond) that the new information serves as “a far greater indictment of our leading news organizations than the government officials” who actually perpetrated the program. Greenwald writes: “In 2002 and 2003, when Americans were relentlessly subjected to their commentary, news organizations were hardly unaware that these retired generals were mindlessly reciting the administration line on the war and related matters. To the contrary, that’s precisely why our news organizations—which themselves were devoted to selling the war both before and after the invasion by relentlessly featuring pro-war sources and all but excluding anti-war ones—turned to them in the first place.” The New York Times, which published the expose, still relies on the same military analysts for commentary and insight about the war in Iraq who are revealed as Pentagon supporters in its own reporting. And considering the reporting from five years previously (see March 25, 2003 and April 19, 2003), Greenwald notes that neither the Times nor anyone else should be particularly shocked at the unveiling of such a propaganda operation. What Greenwald does find “incredible” is the refusal of the news organizations to comment on the Times story. “Just ponder what that says about these organizations,” Greenwald writes: “[T]here is a major expose in the [Times] documenting that these news outlets misleadingly shoveled government propaganda down the throats of their viewers on matters of war and terrorism and they don’t feel the least bit obliged to answer for what they did or knew about any of it.” Only CNN provided any substantive response, but denied any knowledge of their analysts’ connections to either the Pentagon or to defense firms. Greenwald concludes, “The single most significant factor in American political culture is the incestuous, extensive overlap between our media institutions and government officials.” [Salon, 4/20/2008]

Entity Tags: US Department of Defense, CNN, New York Times, Glenn Greenwald

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Neoconservatives Max Boot and John Podhoretz weigh in on the New York Times story exposing the Pentagon propaganda operation (see April 20, 2008 and Early 2002 and Beyond). Boot writes that the program is nothing more than “the Pentagon tr[ying] to get out its side of the story about Iraq to the news media.” “[I]t’s no secret,” he writes, “that the Pentagon—and every other branch of government—routinely provides background briefings to journalists (including columnists and other purveyors of opinion), and tries to influence their coverage by carefully doling out access. It is hardly unheard of for cabinet members—or even the president and vice president—to woo selected journalists deemed to be friendly while cutting off those deemed hostile. Nor is it exactly a scandal for government agencies to hire public relations firms to track coverage of them and try to suggest ways in which they might be cast in a more positive light. All this is part and parcel of the daily grind of Washington journalism in which the Times is, of course, a leading participant.” Boot believes he has found “the nub of the problem” further into the article when reporter David Barstow wrote that the Pentagon’s operation “recalled other administration tactics that subverted traditional journalism.” Boot retorts, in a backhanded criticism of the Times’s patriotism: “[I]t’s one thing to subvert one’s country and another thing to subvert the MSM [mainstream media]. We can’t have that!” Boot concludes: “The implicit purpose of the Times’s article is obvious: to elevate this perfectly normal practice into a scandal in the hopes of quashing it. Thus leaving the Times and its fellow MSM organs—conveniently enough—as the dominant shapers of public opinion.” [Commentary Magazine, 4/20/2008] Writing for the influential conservative blog PowerLine, Boot’s fellow neoconservative John Podhoretz echoes Boot’s dismissal of the Times’s expose: “Barstow’s endless tale reveals nothing more than that the Pentagon treated former military personnel like VIPs, courted them and served them extremely well, in hopes of getting the kind of coverage that would counteract the nastier stuff written about the Defense Department in the media.” [Think Progress (.org), 4/20/2008]

Entity Tags: Max Boot, New York Times, PowerLine, US Department of Defense, David Barstow, John Podhoretz

Timeline Tags: Iraq under US Occupation, Neoconservative Influence, Domestic Propaganda

Former NBC analyst Kenneth Allard.Former NBC analyst Kenneth Allard. [Source: New York Times]The New York Times receives 8,000 pages of Pentagon e-mail messages, transcripts and records through a lawsuit. It subsequently reports on a systematic and highly orchestrated “psyops” (psychological operations) media campaign waged by the Defense Department against the US citizenry, using the American media to achieve their objectives. At the forefront of this information manipulation campaign is a small cadre of retired military officers known to millions of TV and radio news audience members as “military analysts.” These “independent” analysts appear on thousands of news and opinion broadcasts specifically to generate favorable media coverage of the Bush administration’s wartime performance. The group of officers are familiar faces to those who get their news from television and radio, billed as independent analysts whose long careers enable them to give what New York Times reporter David Barstow calls “authoritative and unfettered judgments about the most pressing issues of the post-Sept. 11 world.” However, the analysts are not nearly as independent as the Pentagon would like for Americans to believe. Barstow writes: “[T]he Bush administration has used its control over access and information in an effort to transform the analysts into a kind of media Trojan horse—an instrument intended to shape terrorism coverage from inside the major TV and radio networks.… These records reveal a symbiotic relationship where the usual dividing lines between government and journalism have been obliterated.”
Administration 'Surrogates' - The documents repeatedly refer to the analysts as “message force multipliers” or “surrogates” who can be counted on to deliver administration “themes and messages” to millions of Americans “in the form of their own opinions.” According to the records, the administration routinely uses the analysts as, in Barstow’s words, “a rapid reaction force to rebut what it viewed as critical news coverage, some of it by the networks’ own Pentagon correspondents.” When news articles revealed that US troops in Iraq were dying because of inadequate body armor (see March 2003 and After), a senior Pentagon official wrote to his colleagues, “I think our analysts—properly armed—can push back in that arena.” In 2005, Ten analysts were flown to Guantanamo to counter charges that prisoners were being treated inhumanely; the analysts quickly and enthusiastically repeated their talking points in a variety of television and radio broadcasts (see June 24-25, 2005).
Ties to Defense Industry - Most of the analysts, Barstow writes, have deep and complex “ties to military contractors vested in the very war policies they are asked to assess on air.” The analysts and the networks almost never reveal these business relationships to their viewers; sometimes even the networks are unaware of just how deep those business connections extend. Between then, the fifty or so analysts “represent more than 150 military contractors either as lobbyists, senior executives, board members or consultants. The companies include defense heavyweights, but also scores of smaller companies, all part of a vast assemblage of contractors scrambling for hundreds of billions in military business generated by the administration’s war on terror. It is a furious competition, one in which inside information and easy access to senior officials are highly prized.” Some of the analysts admit to using their special access to garner marketing, networking, and business opportunities. John Garrett, a retired Marine colonel and Fox News analyst, is also a lobbyist at Patton Boggs who helps firms win Pentagon contracts, including from Iraq. In company promotional materials, Garrett says that as a military analyst he “is privy to weekly access and briefings with the secretary of defense, chairman of the Joint Chiefs of Staff and other high level policy makers in the administration.” One client told investors that Garrett’s access and experience helps him “to know in advance—and in detail—how best to meet the needs” of the Defense Department and other agencies. Garrett calls this an inevitable overlap between his various roles, and says that in general, “That’s good for everybody.”
Exclusive Access to White House, Defense Officials - The analysts have been granted unprecedented levels of access to the White House and the Pentagon, including:
bullet hundreds of private briefings with senior military officials, including many with power over contracting and budget matters;
bullet private tours of Iraq;
bullet access to classified information;
bullet private briefings with senior White House, State Department, and Justice Department officials, including Vice President Dick Cheney, former Attorney General Alberto Gonzales, and National Security Adviser Stephen Hadley.
Conversely, analysts who do not cooperate take a risk. “You’ll lose all access,” says CBS military analyst and defense industry lobbyist Jeffrey McCausland.
Quid Pro Quo - Fox News analyst and retired Army lieutenant colenel Timur Eads, who is vice president of government relations for Blackbird Technologies, a rapidly growing military contractor, later says, “We knew we had extraordinary access.” Eads confirms that he and other analysts often held off on criticizing the administration for fear that “some four-star [general] could call up and say, ‘Kill that contract.’” Eads believes that he and the other analysts were misled about the Iraqi security forces, calling the Pentagon’s briefings about those forces’ readiness a “snow job.” But Eads said nothing about his doubts on television. His explanation: “Human nature.” Several analysts recall their own “quid pro quo” for the Pentagon in the months before the invasion (see Early 2003). And some analysts were far more aboveboard in offering quid pro quos for their media appearances. Retired Army general Robert Scales, Jr, an analyst for Fox News and National Public Radio, and whose consulting company advises several firms on weapons and tactics used in Iraq, asked for high-level Pentagon briefings in 2006. In an e-mail, he told officials: “Recall the stuff I did after my last visit. I will do the same this time.”
Repeating White House Talking Points - In return, the analysts have, almost to a man, echoed administration talking points about Iraq, Afghanistan, and Iran, even when some of them believed the information they were given was false or inflated. Some now acknowledge they did so—and continue to do so—for fear of losing their access, which in turn jeopardizes their business relationships. Some now regret their participation in the propoganda effort, and admit they were used as puppets while pretending to be independent military analysts. Bevelacqua says, “It was them saying, ‘We need to stick our hands up your back and move your mouth for you.’” Former NBC analyst Kenneth Allard, who has taught information warfare at the National Defense University, calls the campaign a sophisticated information operation aimed, not at foreign governments or hostile populaces, but against the American people. “This was a coherent, active policy,” he says (see Late 2006). The Pentagon denies using the military analysts for propaganda purposes, with spokesman Bryan Whitman saying it was “nothing other than an earnest attempt to inform the American people.” It is “a bit incredible” to think retired military officers could be “wound up” and turned into “puppets of the Defense Department,” Whitman says. And other analysts, such as McCausland, say that they never allowed their outside business interests to affect their on-air commentaries. “I’m not here representing the administration,” McCausland says. Some say they used their positions to even criticize the war in Iraq. But according to a close analysis of their performances by a private firm retained by the Pentagon to evaluate the analysts, they performed to the Pentagon’s complete satisfaction (see 2005 and Beyond).
Enthusiastic Cooperation - The analysts are paid between $500 and $1,000 per appearance by the networks, but, according to the transcripts, they often speak as if the networks and the media in general are the enemy. They often speak of themselves as operating behind enemy lines. Some offered the Pentagon advice on how to outmaneuver the networks, or, as one said to then-Defense Secretary Donald Rumsfeld, “the Chris Matthewses and the Wolf Blitzers of the world.” Some alerted Pentagon officials of planned news stories. Some sent copies of their private correspondence with network executives to the Pentagon. Many enthusiastically echoed and even added to administration talking points (see Early 2007). [New York Times, 4/20/2008] Several analysts say that based on a Pentagon briefing, they would then pitch an idea for a segment to a producer or network booker. Sometimes, the analysts claim, they even helped write the questions for the anchors to ask during a segment. [New York Times, 4/21/2008]
Consequences and Repercussions - Some of the analysts are dismayed to learn that they were described as reliable “surrogates” in Pentagon documents, and some deny that their Pentagon briefings were anything but, in the words of retired Army general and CNN analyst David Grange, “upfront information.” Others note that they sometimes disagreed with the administration on the air. Scales claims, “None of us drink the Kool-Aid.” Others deny using their access for business gain. Retired general Carlton Shepperd says that the two are “[n]ot related at all.” But not all of the analysts disagree with the perception that they are little more than water carriers for the Pentagon. Several recall being chewed out by irate defense officials minutes after their broadcasts, and one, retired Marine colonel Wiliam Cowan of Fox News, recalls being fired—by the Pentagon, not by Fox—from his analyst position after issuing a mild criticism of the Pentagon’s war strategies (see August 3-4, 2005). [New York Times, 4/20/2008]

Entity Tags: Thomas G. McInerney, Stephen J. Hadley, Timur Eads, wvc3 Group, William Cowan, Robert Scales, Jr, US Department of Defense, Robert Bevelacqua, Robert Maginnis, Richard (“Dick”) Cheney, CBS News, CNN, Carlton Shepperd, David Barstow, David Grange, Bush administration (43), Bryan Whitman, Fox News, Jeffrey McCausland, Alberto R. Gonzales, New York Times, Donald Rumsfeld, National Public Radio, Kenneth Allard, John Garrett, NBC, Rick Francona

Timeline Tags: US Military, Events Leading to Iraq Invasion, Iraq under US Occupation, Domestic Propaganda

The Pentagon’s program for using “independent military analysts” to shape public opinion on the various news broadcasts and editorial pages (see April 20, 2008 and Early 2002 and Beyond) continues. According to New York Times reporter David Barstow, under Defense Secretary Robert Gates, the analysts still get weekly briefings from senior Pentagon officials, though they no longer have the kinds of regular meetings with Gates that they had with Rumsfeld. And the networks continue to broadcast interviews and segments with the analysts on a regular basis. [New York Times, 4/21/2008]

Entity Tags: David Barstow, New York Times, US Department of Defense, Robert M. Gates

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

In the hours following the New York Times’s article about the Pentagon’s propaganda operation using retired military officers to promote the Iraq war and the Bush administration’s policies (see April 20, 2008 and Early 2002 and Beyond), a number of press officials express their concerns over the operation and the media’s role in it. The report “raises a red flag,” says Cox Newspapers bureau chief Andy Alexander. The editorial page editors at the Times and the Washington Post, both of which have published op-eds by some of the same retired officers cited in the Times story, say the report raises concerns about such access. The Times’s editorial page editor, Andrew Rosenthal, says, “It makes you suspicious, absolutely.” Rosenthal’s bureau printed at least nine op-eds by some of the generals cited in the report. “When generals write for you now, you have to look at that. But you have to do that anyway. Anybody who participated in that program has to be scrutinized more closely.” Rosenthal’s counterpart at the Post, Fred Hiatt, whose pages have run at least one such op-ed, says, “Retired generals are entitled to speak out like anyone else, but I would have the same expectation of them to disclose anything that might be relevant.” He goes on to defend the Post op-ed, written by retired general Barry McCaffrey, saying that McCaffrey’s words demonstrate his independence from the propaganda operation. Rosenthal also defends his paper’s publication of the nine op-eds and also states that the writers clearly demonstrate their independence. Rosenthal refuses to divulge the names of eight of the nine op-ed authors. Neither the Times nor the Post ever disclosed the close ties their writers maintained with the Pentagon, nor did they disclose their ties to an array of military contractors. Rosenthal says that such connections are irrelevant because their op-eds were not necessarily about Iraq: “There is no instance in which a general who attended a briefing at the Pentagon repeated it on our Op-Ed pages.” He also says that none of the authors have any conflicts in their business relationships. The Times will probably continue to use retired officers for commentary, Rosenthal says. McClatchy News bureau chief John Walcott says that as long as the public knows who is writing a particular op-ed and what their connections are, publishing material from retired military officers is acceptable: “The reader is entitled to know where this or that commentator is coming from on an issue. It doesn’t necessarily disqualify them from commentating, it must be transparent.” [Editor & Publisher, 4/21/2008]

Entity Tags: US Department of Defense, Andy Alexander, Andrew Rosenthal, Barry McCaffrey, Bush administration (43), Cox Communications, Fred Hiatt, Washington Post, McClatchy News, New York Times, John Walcott

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

New York Times reporter David Barstow discusses his recent article about the Pentagon’s covert propaganda operation using “independent military analysts” to shape public opinion about the Iraq war (see April 20, 2008 and Early 2002 and Beyond). Barstow explains that the Times took “so long” to report the program because “it took us two years to wrestle 8,000 pages of documents out of the Defense Department that described its interactions with network military analysts.” The Pentagon refused to turn over any documents until losing in federal court; even then, it failed to meet a number of court-ordered deadlines to produce the documents. It was only after the judge in the case threatened to sanction the department that the Pentagon finally turned over the documents. [New York Times, 4/21/2008]

Entity Tags: New York Times, US Department of Defense, David Barstow

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Barry Sussman.Barry Sussman. [Source: Nieman Watchdog]Former Washington Post editor Barry Sussman, the head of the Nieman Watchdog project at Harvard University, asks a number of pertinent questions about the recently exposed Pentagon propaganda operation that used retired military officers to manipulate public opinion in favor of the Iraq occupation (see April 20, 2008 and Early 2002 and Beyond). Sussman notes that “[t]he story has implications of illegal government propaganda and, possibly, improper financial gains,” and asks the logical question, “So what happened to it?” It is receiving short shrift in the mainstream media, as most newspapers and almost all major broadcast news operations resolutely ignore it (see April 21, 2008, April 24, 2008, and May 5, 2008). Sussman asks the following questions in hopes of further documenting the details of the Pentagon operation:
bullet Does Congress intend to investigate the operation?
bullet Do the three presidential candidates—Democrats Hillary Clinton and Barack Obama, and Republican John McCain, have any comments (see April 28, 2008)?
bullet Since the law expressly forbids the US government to, in reporter David Barstow’s words, “direct psychological operations or propaganda against the American people,” do Constitutional attorneys and scholars have any opinions on the matter? Was the operation a violation of the law? Of ethics? Of neither?
bullet Former Secretary of Defense Donald Rumsfeld created the Office of Strategic Influence in 2001 (see Shortly after September 11, 2001), which was nothing less than an international propaganda operation. Rumsfeld claimed the office had been closed down after the media lambasted it, but later said the program had continued under a different name (see February 20, 2002). Does the OSI indeed still exist?
bullet Did the New York Times wait an undue period to report this story? Could it not have reported the story earlier, even with only partial documentation? Sussman notes: “Getting big stories and holding them for very long periods of time has become a pattern at the Times and other news organizations. Their rationale, often, is that the reporting hasn’t been completed. Is reporting ever completed?”
bullet Many of the military analysts cited in the story have close ties to military contractors and defense firms who make handsome profits from the war. Is there evidence that any of the analysts may have financially benefited from promoting Pentagon and Bush administration policies on the air? Could any of these be construed as payoffs? [Barry Sussman, 4/23/2008]

Entity Tags: Free Press, Office of Strategic Influence, Nieman Watchdog, Donald Rumsfeld, David Barstow, Barry Sussman, Barack Obama, John McCain, US Department of Defense, New York Times, Hillary Clinton

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Representative Rosa DeLauro (D-CT) asks five different television news networks for explanations of their roles in the Pentagon propaganda operation recently revealed by the New York Times (see April 20, 2008 and Early 2002 and Beyond). DeLauro sends letters to Steve Capus, the president of NBC News; David Westin, president of ABC News; Sean McManus, president of CBS News and Sports; Roger Ailes, president of Fox News; and Jim Walton, president of CNN News Group. Her letters, which use fundamentally the same wording, conclude: “When the American people turn on their TV news, they expect coverage of the Iraq War and military issues to be using analysts without conflicts of interests. When you put analysts on the air without fully disclosing their business interests, as well as relationships with high-level officials within the government, the public trust is betrayed. Now that the full extent of the Department of Defense’s domestic propaganda program has been revealed, I strongly encourage you to make the necessary policy changes to ensure proper vetting of those you wish to put on the air so that the viewers can get the objective analyses they deserve.” [US House of Representatives, 4/24/2008] As of mid-May, only two of those networks—CNN and ABC News—will respond to DeLauro (see May 2, 2008 and April 29, 2008).

Entity Tags: Rosa DeLauro, David Westin, CNN, CBS News, ABC News, Fox News, Roger Ailes, Jim Walton, US Department of Defense, New York Times, Steve Capus, Sean McManus, NBC

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Paul Hodes.Paul Hodes. [Source: Washington Post]US Representative Paul Hodes (D-NH) asks Congress to investigate how the Pentagon may have improperly influenced so-called “military analysts” to give inaccurate information to the press (see Early 2002 and Beyond). [Associated Press, 4/25/2008] In a letter to Representative John Tierney (D-MA), the chairman of the House Oversight and Government Reform Subcommittee on National Security and Foreign Affairs, Hodes asks for hearings on the program as recently revealed by the New York Times (see April 20, 2008). “If these reports are true,” Hodes writes, “it is unacceptable that the Bush administration would attempt to manipulate the public with false propaganda on matters of war and our national security.” He adds: “A hearing also could examine whether some of these analysts were given military contracts with the Defense Department in exchange for reading Bush administration talking points on the public airwaves. The issue at stake here is the public’s right to the truth about our security, our military, and what their government is doing.” [US House of Representatives, 4/24/2008] The House will pass an amendment prohibiting the Pentagon from conducting propaganda operations and requiring the General Accounting Office (GAO) to investigate the program (see May 22, 2008).

Entity Tags: New York Times, US Department of Defense, House Committee on Oversight and Government Reform, Paul Hodes, John Tierney

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

PBS reports on the recent revelations about a Pentagon propaganda operation that uses retired military officers as “independent military analysts” to further its goal of promoting the Iraq war and occupation (see April 20, 2008 and Early 2002 and Beyond). Reporter Judy Woodruff notes, “And for the record, we invited Fox News, CNN, MSNBC, CBS, ABC and NBC to participate, but they declined our offer or did not respond.” Neither does the Pentagon send anyone to take part in the report. Woodruff discloses that PBS’s NewsHour with Jim Lehrer put five military analysts on retainer in 2003, but says that none of them attended Pentagon briefings while being paid by PBS, as so many of the other network analysts did.
Selling and Managing the War - The Center for Media and Democracy’s John Stauber says, “[S]hame on the networks who were duped this way that they didn’t show up to defend or explain their actions.” Stauber calls the Pentagon operation “a psyops campaign, an incredible government propaganda campaign whereby Donald Rumsfeld and Torie [Victoria] Clarke, the head of public relations for the Pentagon, designed a program to recruit 75, at least 75 former military officers… most of them now lobbyists or consultants to military contractors, and insert them, beginning in 2002, before the attack on Iraq was even launched, into the major networks to manage the messages, to be surrogates. And that’s the words that are actually used, ‘message multipliers’ for the secretary of defense and for the Pentagon. This program continues right up to now.” Stauber says that the Pentagon program is patently illegal (see April 28, 2008), though the Pentagon may dispute that contention. “It is illegal for the US government to propagandize citizens in this way,” he says. “In my opinion, this war could have never been sold if it were not for this sophisticated propaganda campaign. And what we need is congressional investigation of not just this Pentagon military analyst program, but all the rest of the deception and propaganda that came out of the Bush administration and out of the Pentagon that allowed them to sell and manage this war.”
Full Disclosure Needed - Former ABC news correspondent Robert Zelnick, now a professor of journalism at Boston University, says the only thing that surprised him about the New York Times report that broke the story was its length. Zelnick says that when he covered the Pentagon: “I often sought information from retired generals and admirals and colonels because I knew they were well-informed. I knew they kept in touch. I knew they had drinks at the Army-Navy Club. I know they went to Army-Navy football games on special trains together. I knew that many of them were serving as what we called Beltway bandits or consultants.” Zelnick says: “[I]f you have an admiral on who is or a general who is currently a consultant to the Pentagon, that should be disclosed right at the top of the interview. But we don’t—as networks, we didn’t have these people on because they were neutral; we had them on because they knew what they were talking about. They had spent their lives in military affairs.” Zelnick says that to conclude the Pentagon actually “recruited” analysts for ABC or another network or cable broadcaster is an overgeneralization; the Pentagon merely “recommended, perhaps, former generals or admirals to the various networks and, once they had them, they kept them informed. And I think that’s to the good. It meant that more information was available. If occasionally a general or an admiral or a colonel who was retired and used in this fashion allowed himself to be dictated to, that’s his fault. And I think any solid news person or executive editor running one of these programs would have discerned that early on and quit using him.”
'Agents of Pentagon Propaganda' - Stauber retorts that he is “shocked to hear Bob Zelnick depict and misrepresent what’s going on here. And I have to wonder, Professor Zelnick, if you even read the New York Times article very closely. This is an instant where these people were recruited by Secretary of Defense Rumsfeld as agents of Pentagon propaganda and inserted into the networks. Now, you can fault—and we should fault—the networks for not vetting these people properly, for not being much more careful about their credentials. But the fact is this program began with the Pentagon, with the Bush administration, recruiting these people to be their surrogates. And those are the words that the internal documents used. This is the Pentagon Papers of this war.” Zelnick responds that the networks had just as many analysts on their payrolls during the 1991 Gulf War, “[s]o it was something that the networks perceived was in their own interest to develop these kinds of contacts. And it was in their interest. It certainly was in my interest as a Pentagon correspondent.” Zelnick says that while the networks should always disclose their analysts’ business connections with whatever defense firms they represent, “what do we expect these guys to do after 30 or 40 years in the service, during which time they’ve risen to the ranks of the most senior officers? We would expect them to wind up as consultants or, as I said, we call them Beltway bandits. I just don’t get upset over something that’s completely natural, completely to be expected, and widely known throughout the industry.” Stauber disputes Zelnick’s characterization, and notes that the structure of the operation was guided from Rumsfeld and Clarke, not from the networks initiating contact with the Pentagon on behalf of their military analysts. “The flow was illegal government propaganda, recruiting these people, and inserting them into the news, and then hiring a company to measure and quantify how good a job they did of selling the war and managing press and public opinion. This is Goebbels-like.” [PBS, 4/24/2008]

Entity Tags: Victoria (“Torie”) Clarke, Robert Zelnick, US Department of Defense, Judy Woodruff, Donald Rumsfeld, Center for Media and Democracy, CNN, CBS News, ABC News, Fox News, John Stauber, New York Times, MSNBC, NBC, Public Broadcasting System

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

The Center for Media and Democracy’s John Stauber and author Sheldon Rampton lambast the Pentagon for its recently revealed propaganda program that, in their words, “embed[s] military propagandists directly into the TV networks as on-air commentators” (see April 20, 2008 and Early 2002 and Beyond). But Stauber and Rampton are even more critical of the media’s refusal to deal with the story. They note, “In 1971, when the [New York] Times printed excerpts of the Pentagon Papers on its front page (see March 1971), it precipitated a constitutional showdown with the Nixon administration over the deception and lies that sold the war in Vietnam. The Pentagon Papers issue dominated the news media back then. Today, however, [New York Times reporter David] Barstow’s stunning report is being ignored by the most important news media in America—TV news—the source where most Americans, unfortunately, get most of their information. Joseph Goebbels, eat your heart out. Goebbels is history’s most notorious war propagandist, but even he could not have invented a smoother PR vehicle for selling and maintaining media and public support for a war…”
Journalistic Standards Violated - According to the authors, the news outlets who put these analysts on the air committed “a glaring violation of journalistic standards.” They cite the code of ethics of the Society of Professional Journalists, which enjoins journalists and news outlets to:
bullet Avoid conflicts of interest, real or perceived;
bullet Remain free of associations and activities that may compromise integrity or damage credibility;
bullet Refuse gifts, favors, fees, free travel and special treatment, and shun secondary employment, political involvement, public office and service in community organizations if they compromise journalistic integrity;
bullet Disclose unavoidable conflicts;
bullet Be vigilant and courageous about holding those with power accountable;
bullet Deny favored treatment to advertisers and special interests and resist their pressure to influence news coverage; and
bullet Be wary of sources offering information for favors or money.
Networks' Silence a 'Further Violation of Public Trust' - The networks who used these analysts observed none of these fundamental ethical guidelines. “They acted as if war was a football game and their military commentators were former coaches and players familiar with the rules and strategies,” Stauber and Rampton write. “The TV networks even paid these “analysts” for their propaganda, enabling them to present themselves as ‘third party experts’ while parroting White House talking points to sell the war.” Stauber and Rampton call the networks’ decision to almost completely ignore the story a further “violation… of the public trust…” They fix much of the blame for the Iraq debacle on the media, noting that the war “would never have been possible had the mainstream news media done its job. Instead, it has repeated the big lies that sold the war. This war would never have been possible without the millions of dollars spent by the Bush administration on sophisticated and deceptive public relations techniques such as the Pentagon military analyst program that David Barstow has exposed.” [PRWatch, 4/25/2008]

Entity Tags: Joseph Goebbels, Society of Professional Journalists, New York Times, John Stauber, David Barstow, Center for Media and Democracy, Nixon administration, Sheldon Rampton, US Department of Defense, Bush administration (43)

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

The Pentagon temporarily halts its program of briefing “independent military analysts” for their appearances on US television news broadcasts after a New York Times article alleges that the military analysts are part of a systematic propaganda and disinformation campaign (see April 20, 2008 and Early 2002 and Beyond). The announcement comes from Robert Hastings, the deputy assistant secretary of defense for public affairs. Hastings says he is concerned about allegations that the Pentagon’s relationship with the retired military officers may be improper, and is reviewing the program. “Following the allegations, the story that is printed in the New York Times, I directed my staff to halt, to suspend the activities that may be ongoing with retired military analysts to give me time to review the situation,” Hastings says. He says he did not discuss the matter with Defense Secretary Robert Gates before making his decision. [Stars and Stripes, 4/26/2008; New York Times, 4/26/2008]

Entity Tags: Robert Hastings, Robert M. Gates, US Department of Defense, New York Times

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Author Tom Engelhardt explores the connections between the retired military analysts recently exposed as part of a Pentagon propaganda operation to manipulate public opinion regarding the war and occupation of Iraq (see Early 2002 and Beyond) and “America’s General,” David Petraeus. Petraeus, slated to become the commander of US Central Command (CENTCOM), has long been a media darling, Engelhardt notes. For the last three years, Petraeus has been touted as virtually the only hope for an American victory in Iraq. Engelhardt writes, “Petraeus is the president’s anointed general, [President] Bush’s commander of commanders, and (not surprisingly) he exhibits certain traits much admired by the Bush administration in its better days.”
Petraeus Turns to Analysts to Promote Surge - In the New York Times article exposing the Pentagon propaganda operation (see April 20, 2008, one event has as yet gotten little attention: the fact that when Petraeus was appointed the commanding general in Iraq in January 2007, one of his first acts was to meet with a group of the Pentagon’s military analysts (see January 2007). Engelhardt explains, “In other words, on becoming US commander in Iraq, he automatically turned to the military propaganda machine the Pentagon had set up to launch his initial surge—on the home front.” Petraeus was by then a willing, and a key, participant in the Pentagon’s propaganda operation, which itself dovetailed with the Bush administration’s attempt to market the escalation of US troops—the “surge” (see January 10, 2007)—as the latest attempt to turn the corner in Iraq. President Bush himself was, by that point, “a thoroughly tarnished brand,” Engelhardt writes, not the person to launch such a marketing campaign.
Petraeus Is Administration's "Face" - Bush and the Pentagon both looked to Petraeus, who quickly “became the ‘face’ of the administration (just as American military and civilian officials had long spoken of putting an ‘Iraqi face’ on the American occupation of that country).” In the following months, Bush cited Petraeus over 150 times as part of his attempts to paint the US occupation as a success. Petraeus himself quickly turned to the Pentagon’s cadre of retired military officers, now network analysts reliably providing the administration’s talking points on the news broadcasts, to help him promulgate the surge. Engelhardt notes that one of those analysts, retired Army general and ABC News analyst Jack Keane, was himself the co-author of the “surge” strategy (see January 2007). Between the president, the administration officials, the military analysts, and the enthusiastic media reporters and talking heads, establishing the surge as a putative success and Petraeus as a name brand with a positive image was achieved in relatively short order. [Asia Times, 4/29/2008]

Entity Tags: New York Times, David Petraeus, Tom Engelhardt, US Central Command, US Department of Defense, Jack Keane, George W. Bush

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

John Murtha.John Murtha. [Source: ABC News]Representative John Murtha (D-PA), a hawkish military veteran who has built a long political career on supporting the military, says that he is “disappointed” in both the US military and the news media for being part of the Pentagon’s recently revealed Iraq propaganda operation (see Early 2002 and Beyond). Murtha says that he was struck by the fact that, in the New York Times article that revealed the operation (see April 20, 2008), even some of the military analysts who most enthusiastically repeated the Pentagon’s talking points on the airwaves “didn’t even believe what they were saying.” Murtha says: “Well, the military’s held in the highest level and the highest esteem in this country. All of us appreciate their sacrifices. I’ve gotten to the point where I now distrust the military because they have been dishonored by these kind of untruths. It used to be that I could listen to the military, they would come to me, and what they said privately they were willing to say publicly. With [former Defense Secretary Donald] Rumsfeld’s tenure, they distorted everything. And that’s the way they got by for four years because the public said, well, the military’s saying that. Well, the public’s no longer accepting that. The public realizes we made a mistake when we went in, much of the information was inaccurate and they continue to say these kind of things. So, I’m disappointed. I’m disappointed in the news media. I tell ya, till I spoke out, the news media was not honest—or afraid to come forward. And I think the tactic was, ‘we don’t give them access if they say anything bad about us.’”
Credits Blogs - Murtha credits the political blogs for keeping the story alive: “The blogs have been so important to bringing out the truth. I didn’t know what a blog was till a couple of years ago. Now, I not only know, I understand how important they are because people have an opportunity to hear the other side of what they’re saying.” (Notably, Murtha gives this interview to a news blog, the left-leaning ThinkProgress.)
Propaganda Effort in Vietnam Did Decades of Damage - Murtha reflects on the tremendous damage done by military and government propaganda campaigns during Vietnam (see March 1971). “It took us 20 years to get over Vietnam,” he says. “It took us through the Ford administration, the Carter administration, it took us into the Reagan administration because we didn’t pay for the war and the public was misled. Now the public recognized it very early on in Vietnam because they casualties were so heavy. Because of the technology increases, they didn’t recognize it as quickly in Iraq. But until the end of the Clinton administration, where we had a budget with a surplus, we were paying for the Vietnam war. We’re doing the same thing now.… I mean, nobody recognized we’re paying now with inflation, we’re paying all the expenses in Iraq. We’re paying $343 million dollars a day because of Iraq. So, it’s unfortunate and it just makes it that much more difficult for us to overcome this, because people who don’t believe it now, believed it for a while and they don’t want to be misled again.” [ThinkProgress (.org), 5/1/2008]

Entity Tags: Think Progress (.org), New York Times, Donald Rumsfeld, Reagan administration, Ford administration, US Department of Defense, Carter administration, John P. Murtha

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Jim Walton.Jim Walton. [Source: CNN]CNN president Jim Walton responds to a letter from Representative Rosa DeLauro (D-CT) demanding an explanation of his network’s involvement in the recently revealed Pentagon propaganda operation (see April 24, 2008). Walton says that his network fully cooperated with the New York Times’s investigation of the operation (see April 20, 2008), but CNN was not a part of any such operation. Indeed, Walton claims, “[m]ilitary analysts, and the handful of generals on CNN, contribute only a small portion to CNN’s overall coverage.” He acknowledges that CNN was not always as alert as it should have been to its analysts’ financial connections to defense contractors, and notes that the network fired one of its analysts after discovering “the extent of his dealings” (see July 2007). Walton concludes by assuring DeLauro that the network is committed to “protecting the public trust” and holds itself to “the highest ethical standards” of journalism. [Walton, 5/2/2008 pdf file]

Entity Tags: US Department of Defense, CNN, Jim Walton, New York Times, Rosa DeLauro

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

The story of the Pentagon’s propaganda operation—using military analysts in media outlets to promote the administration’s policies in Iraq (see April 20, 2008 and Early 2002 and Beyond)—is going remarkably unreported in those selfsame media outlets. Political bloggers are keeping the story alive, and Democratic congressmen are beginning to call for investigations (see April 28, 2008 and May 6, 2008)), but remarkably little about the operation has appeared either in the mainstream press or on broadcast news shows. One such lawmaker, Senator John Kerry (D-MA), says that he “decided to push this issue hard because ever since the New York Times expose appeared, the silence has been deafening.” Kerry says there needs to be a “thorough investigation” into government contracts and “whether Americans’ tax dollars were being used to cultivate talking heads to sell the administration’s Iraq policy.” But unlike the pre-Internet paradigm, this story may not be so quick to disappear. Tom Rosenstiel, the director of the Project for Excellence in Journalism, says, “We are in a time when stories can have a second life.” Political bloggers on the Internet, who keep chipping away at stories long after they have disappeared from the headlines, can give stories another chance, says Rosenstiel, citing the example of bloggers reviving the story of the US attorney firings in 2007 (see November 8, 2007). Rosenstiel says that his organization tracked the mainstream media for a week after the Times story was printed. Out of around 1,300 news stories, only two touched on the Pentagon analysts report, and both of those were on PBS’s Newshour (see April 24, 2008). Independent television analyst Andrew Tyndall says it would be too much to expect for any broadcast news outlets to engage in the story over the airwaves, as they almost never do what he calls “self-criticism stories,” but, he says, “this is really the sort of thing that all of the networks should have addressed online.” Virtually the only mainstream response from the broadcast news has been a short piece from NBC anchorman Brian Williams, who responded on his blog ten days after the Times story ran, and generally extolled the virtues of the analysts with whom he had worked (see April 29, 2008). Former CBS editorial director Dick Meyer, who oversaw CBS’s “Public Eye” blog before it was discontinued due to cutbacks, says that would have been the perfect place to examine the story. “This controversy about military analysts would have been right in our ballpark,” says Meyer, who now works for National Public Radio. “It’s irresponsible for a modern news organization to not have some kind of readers’ advocate, some kind of public editor function,” he says. [Politico, 5/8/2008]

Entity Tags: US Department of Defense, Brian Williams, Andrew Tyndall, CBS News, Project for Excellence in Journalism, Dick Meyer, New York Times, John Kerry, Tom Rosenstiel, Public Broadcasting System

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

The Pentagon posts the more than 8,000 pages of documents, transcripts, and audio tapes it was forced to release to the New York Times as evidence of its ongoing propaganda campaign to manipulate public opinion concerning Iraq (see April 20, 2008 and Early 2002 and Beyond). The only explanation given on the Web site is, “These documents were released to the New York Times regarding the Pentagon’s Military Analyst program.” [Staff, 5/9/2008]

Entity Tags: US Department of Defense, New York Times, Office of the Secretary of Defense

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

The House passes an amendment to the 2009 Defense Authorization Bill; the amendment, written by Representative Paul Hodes (D-NH), will, if it becomes law, prohibit the Pentagon from engaging in propaganda programs like the one revealed by the New York Times (see April 20, 2008 and Early 2002 and Beyond). The amendment also requires the Government Accountability Office (GAO) to launch an investigation of the Pentagon’s propaganda program. Hodes says on the floor of the House: “In a free and democratic society, our government should never use the public airwaves to propagandize our citizens. Congress cannot allow an administration to manipulate the public with false propaganda on matters of war and our national security.… This amendment will ensure that no money authorized in this act will be used for a propaganda program, and require a report to Congress by both the Defense Inspector General and the Government Accountability Office on whether previous restrictions on propaganda have been violated. It’s time for the American people to finally know the truth.” [US House of Representatives, 5/22/2008]

Entity Tags: US Department of Defense, Government Accountability Office, Paul Hodes, New York Times

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

Bill Moyers, John Walcott, Jonathan Landay, and Greg Mitchell on PBS’s ‘Journal.’Bill Moyers, John Walcott, Jonathan Landay, and Greg Mitchell on PBS’s ‘Journal.’ [Source: PBS]In his regular “Journal” broadcast, PBS political commentator Bill Moyers focuses on the role of the media in the run-up to the invasion of Iraq. “America was deceived, with the media’s help,” Moyers declares, and interviews three media figures to help explain how: John Walcott, Washington bureau chief of McClatchy News; Jonathan Landay, one of Walcott’s “ace reporters;” and Greg Mitchell of Editor & Publisher, “known to many of us as the watchdog’s watchdog.” Part of the discussion focuses on the failure of most media reporters and broadcasters to question the Bush administration’s assertions about the Iraq war. Landay says, “I was just I was left breathless by some of the things that I heard where you heard correspondents say, ‘Well, we did ask the tough questions. We asked them to the White House spokesmen,’ Scott McClellan and others. And you say to yourself, ‘And you expected to get real answers? You expected them to say from the White House podium—“Yeah, well, there were disagreements over the intelligence, but we ignored them”’ when the President made his speeches and the Vice President made his speeches. No, I don’t think so.” Mitchell agrees, noting that ABC reporter Charles Gibson said that we “wouldn’t ask any different questions.” Mitchell says he found Gibson’s remarks “shocking.” Mitchell continues: “[T]hat someone would say we would even with the chance to relive this experience and so much we got wrong—going to war is—which is still going on over five years later, all the lost lives, all the financial costs of that. And then to look back at this, you know, this terrible episode in history of American journalism and say that if I could do it all over again, I’m not sure we would ask any different questions.” Walcott takes a different tack, saying that reporters “may have asked all the right questions. The trouble is they asked all the wrong people.” Landay notes that “you have to take the time to find those people,” and Mitchell adds that when you do find real information, “[y]ou can’t bury it.” Landay adds that some powerful, public admission of error and self-examination might go far to counter the perception that the media is just as untrustworthy as the government.
Drowned Out - Walcott notes that even when reporters found informed sources willing to talk about the realities behind the push for war, they were drowned out by “Donald Rumsfeld at the podium or Dick Cheney and Condoleezza Rice saying, ‘We can’t allow the smoking gun to be a mushroom cloud’” (see September 4, 2002 and September 8, 2002). “Over and over again,” Moyers notes. “Over and over again on camera,” Walcott continues. “[T]hat trumps the kind of reporting that John and [Landay’s partner] Warren Strobel did from these mid-level guys who actually know that there’s no prospect of any smoking gun let alone a mushroom cloud. And so when it gets to packaging television news, it’s picture driven, it’s celebrity driven, and that doesn’t allow much room for this kind of hard-nosed reporting under the radar.” Mitchell says, “There’s been at least six opportunities in the last two months for the media to do this long delayed and much needed self-assessment, self-criticism to the American public and it hasn’t happened.”
Liberal vs. Conservative Media - Moyers notes that many conservative media outlets “do not believe they got it wrong. I mean, Fox News was reinforcing the administration’s messages back then and still does today.” Walcott notes, “You know, if Fox News’s mission is to defend Republican administrations then they’re right, they didn’t fail.” He notes that in his book, McClellan draws a distinction between the conservative and the “liberal” media (presumably the New York Times, Washington Post, etc). “I don’t understand what liberal versus conservative has to do with this,” Walcott says. “I would have thought that conservatives would be the ones to ask questions about a march to war. How much is this gonna cost us? What’s the effect of this gonna be on our military, on our country’s strength overseas? I don’t think it’s a liberal conservative question at all. I think that’s, frankly, a canard by Scott.”
Celebrity 'Experts' - Moyers asks about the “experts” who predicted that the war would be quick, bloodless, and successful. Even though they were “terribly wrong,” Moyers notes that most of them are “still on the air today pontificating. I mean, there seems to be no price to be paid for having been wrong about so serious an issue of life and death, war and peace.” Walcott says they are not news analysts so much as they are celebrities. Big name actors can make bad movies and still draw million-dollar salaries for their next film: “It’s the same phenomenon. A name is what matters. And it’s about celebrity. It’s about conflict. It’s about—” Landay completes Walcott’s sentence: “Ratings.”
'Skunks at the Garden Party' - Perhaps the most disturbing portion of the discussion is when Walcott notes that the kind of old-fashioned investigative reporting exemplified by Landay and Strobel is “by definition… unpopular.… Because the public doesn’t wanna hear it.… Doesn’t wanna hear the President lied to them. Doesn’t wanna hear that the local police chief is on the take. You know, people don’t like necessarily to hear all that kind of stuff. And when you’re worried about, above all, your advertising revenue, you become more vulnerable to those kinds of pressures.… Well, the skunks don’t get invited to the garden party. And part of our job is to be the skunks at the garden party.” [PBS, 6/6/2008]

Entity Tags: George W. Bush, Donald Rumsfeld, Condoleezza Rice, Charles Gibson, Bush administration (43), Bill Moyers, ABC News, Fox News, Washington Post, Public Broadcasting System, Editor & Publisher, Richard (“Dick”) Cheney, McClatchy News, Warren Strobel, Jonathan Landay, Greg Mitchell, Scott McClellan, John Walcott, New York Times

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

The recently released Senate Intelligence Committee report on misleading, exaggerated, and inaccurate presentations of the prewar Iraqi threat by the Bush administration (see June 5, 2008) leaves out some significant material. The report says that the panel did not review “less formal communications between intelligence agencies and other parts of the executive branch.” The committee made no attempt to obtain White House records or interview administration officials because, the report says, such steps were considered beyond the scope of the report. Washington Post reporter Walter Pincus notes that “[o]ne obvious target for such an expanded inquiry would have been the records of the White House Iraq Group (WHIG), a group set up in August 2002 by then-White House Chief of Staff Andrew H. Card Jr.” WHIG (see August 2002) was composed of, among other senior White House officials, senior political adviser Karl Rove; the vice president’s chief of staff, Lewis “Scooter” Libby; communications strategists Karen Hughes, Mary Matalin, and James Wilkinson; legislative liaison Nicholas Calio; and a number of policy aides led by National Security Adviser Condoleezza Rice and her deputy, Stephen Hadley.
WHIG Led Marketing of War - Scott McClellan, the former White House press secretary, recently wrote in his book What Happened that WHIG “had been set up in the summer of 2002 to coordinate the marketing of the war to the public.… The script had been finalized with great care over the summer [for a] “campaign to convince Americans that war with Iraq was inevitable and necessary.” On September 6, 2002, Card hinted as much to reporters when he said, “From a marketing point of view, you don’t introduce new products in August” (see September 6, 2002). Two days later, the group scored its first hit with a front-page New York Times story about Iraq’s secret purchase of aluminum tubes that, the story said, could be used to produce nuclear weapons (see September 8, 2002). The information for that story came from “senior administration officials” now known to be members of WHIG. The story was the first to make the statement that “the first sign of a ‘smoking gun’ [proving the existence of an Iraqi nuclear weapons program] may be a mushroom cloud” (see September 4, 2002); that same morning, the same message was repeated three times by various senior administration officials on the Sunday talk shows (see September 8, 2002, September 8, 2002, and September 8, 2002). WHIG did not “deliberately mislead the public,” McClellan claimed in his book, but wrote that the “more fundamental problem was the way [Bush’s] advisers decided to pursue a political propaganda campaign to sell the war to the American people.… As the campaign accelerated,” caveats and qualifications were downplayed or dropped altogether. Contradictory intelligence was largely ignored or simply disregarded.”
Records Perusal Would 'Shed Light' - If indeed the White House “repeatedly presented intelligence as fact when it was unsubstantiated, contradicted, or even nonexistent,” as committee chairman John D. Rockefeller (D-WV) has said, then an examination of WHIG’s records would, Pincus writes, “shed much light” on the question. [Washington Post, 6/9/2008]

Entity Tags: New York Times, Karen Hughes, John D. Rockefeller, James R. Wilkinson, Condoleezza Rice, Bush administration (43), Andrew Card, Karl C. Rove, Mary Matalin, Senate Intelligence Committee, Stephen J. Hadley, Walter Pincus, White House Iraq Group, Nicholas E. Calio, Scott McClellan, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda

Chris Baker.Chris Baker. [Source: The Vigil]As reported by progressive media watchdog site Media Matters, conservative radio host Chris Baker calls Democratic presidential candidate Barack Obama a “little b_tch” for reacting to Republican vice presidential candidate Sarah Palin’s accusation that Obama was “palling around” with accused domestic terrorist William Ayers. Baker says: “[T]his little b_tch needs to stand up for himself. Sorry, I can’t stand this. You want to be the president of the United States, and you won’t even stand up to a smoking-hot chick from Alaska? How is he gonna stand up to the world’s terrorists?… I mean, this—this guy—this guy is—he’s a—he’s a wimp is what he is.… This wuss-bag needs to stand up for himself and answer the questions about his relationship with Bill Ayers and other terrorists and terrorist sympathizers.” Baker cites two articles from the Associated Press and New York Times, but fails to note that both articles debunk Palin’s claim that Obama had anything but a peripheral connection to Ayers. And Baker fails to reveal that the Obama campaign had responded two days before to the Palin assertions. [Media Matters, 10/7/2008]

Entity Tags: Chris Baker, Associated Press, Barack Obama, New York Times, Sarah Palin, William Ayers, Media Matters

Timeline Tags: Domestic Propaganda, 2008 Elections

Andy Martin.Andy Martin. [Source: Andy Martin]Hawaiian resident Andy Martin files a writ of mandamus in Hawaii’s Supreme Court to compel Governor Linda Lingle (R-HI) to release a certified copy of presidential candidate Senator Barack Obama (D-IL)‘s “vital statistics record,” apparently asking that Hawaii ignore federal privacy laws and release the “long form” birth certificate on file for Obama (see June 13, 2008, June 27, 2008, and August 21, 2008). His request is denied. [WorldNetDaily, 11/13/2008] When his lawsuit is dismissed, Martin responds on a blog for defeated Democratic primary opponent Hillary Clinton (D-NY), in a posting reprinted on the Free Republic and a number of other conservative blogs. Martin expresses his doubt that Obama has just flown to Hawaii to visit his dying grandmother, apparently referencing conspiracy theories on right-wing radio that Obama went to Hawaii to “scrub” his birth records (see November 10, 2008). He suggests that it is his lawsuit that caused the Obama campaign “to panic and suspend his presidential campaign to head off Andy’s stories.” (Martin has been posting a number of blog entries about Obama being a “covert Islamist”—see October 1, 2007 and April 18, 2008). He is, he boasts, “on the verge of taking down the Obama campaign,” calling himself “the good sheriff stand[ing] alone against the Obama Gang. Eliot Ness and the Untouchables? The Long Ranger? Pick your own hero. Martin vs. Obama explodes into a Hollywood classic.” Martin writes: “I will do my best to defeat Obama even though I essentially stand alone. I stand tall. All of the protagonists are from Chicago. Despite ridicule and envy from Chicago’s corrupt mainstream media, I have spent over forty years successfully fighting crooked politicians like Barack Obama and his Daley Machine cronies.” He cites “support” from Fox News talk show host Sean Hannity, and his own participation as a blog commenter on FoxNews.com and YouTube. He says he “became the target of a massive liberal assault at the [New York] Times” after one Hannity broadcast: “On direct orders from the Emperor Obama, the New York Times then unleashed its smear machine on me.” He says his “investigative team” defeated the Times’s attempt to “destroy me,” writing: “I am still standing and the Times’ credibility is going into the toilet.… High Noon.… Barack Obama vs. Andy Martin. The drama builds as we move closer and closer to disclosing the dramatic truth about Barack Obama.… Barack Obama is an enemy of the Constitution. He is using tens of millions of dollars in clandestine campaign cash from unknown sources to stage an electoral coup d’etat in our nation. That is why I keep fighting for the truth. Barack Obama has been lying to the American people. And his Big Lie is about to be exposed.” [Andy Martin, 10/21/2008] Shortly after the lawsuit’s dismissal, Martin will abruptly abandon his accusations that Obama is a Muslim, and will begin asserting that Obama is a secret Communist taught by his “father,” a black activist named Frank Marshall Davis (see Before October 27, 2008). In a wide-ranging article about the “birther” controversy, Salon columnist Alex Koppelman will later note that Martin was denied an Illinois law license on the grounds that he was mentally unfit to practice law. [Salon, 12/5/2008]

Entity Tags: New York Times, Barack Obama, Anthony Robert Martin-Trigona, Alex Koppelman, Frank Marshall Davis, Linda Lingle, Sean Hannity, Free Republic

Timeline Tags: Domestic Propaganda, 2008 Elections

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

The US’s two most popular conservative radio hosts, Rush Limbaugh and Sean Hannity, are repeatedly labeling the current economic collapse the “Obama recession,” even though the recession has started already, and President-elect Barack Obama was only elected on November 4 and will not assume the presidency until January 20, 2009.
Blaming Obama for Wall Street Plunge - According to reports by progressive media watchdog site Media Matters, Hannity’s guest Dick Morris, a conservative political operative, tells a Fox News audience on November 6 that the stock market plunge is directly attributable to Obama’s election and his intention to “raise the capital gains tax.” Hannity calls the stock market plunge “the Obama tanking.” On the same day, Limbaugh says on his show: “We have the largest market plunge after an election in history. Thank you, man-child Barack Obama.” [Media Matters, 11/7/2008] Hannity says on November 11 that Obama’s election is directly responsible for plunging stock market performances, telling his listeners: “Wall Street keeps sinking. Could it be the Obama recession: The fear that taxes are gonna go up, forcing people to pull out of the market?” On November 12, Limbaugh echoes Hannity’s characterization, telling his listeners that, as reported by MSNBC’s Chris Matthews, “the recession isn’t President Bush’s fault. It’s the fault, catch this, of the president who hasn’t yet taken office. It’s an ‘Obama recession’; that’s what he’s calling it.” Matthews, clearly impatient with Limbaugh’s characterization, calls the host’s statement an example of “the bitter sore loser’s rhetoric we are hearing from the right these days.” [Media Matters, 11/12/2008]
Experts Credit Obama with Wall Street Stabilization - Experts refute Limbaugh’s and Hannity’s attribution of the nation’s economic calamity to Obama, with the Wall Street Journal giving Obama credit for a post-election upturn in the stock market and blaming “lame economic data” and the continuing “drumbeat of bailouts, potential bailouts, and worries about other bailouts” for the stock market’s poor performance. [Wall Street Journal, 11/12/2008] Fox News business commentator Eric Bolling credits Obama’s election with stabilizing the stock market until a dismal national employment report caused the market to drop again. And Fox Business Channel’s vice president, Alexis Glick, tells her audience on November 7: “I so did not believe that the market reaction over the past two days was about Obama. Wednesday morning we walked in, we saw the Challenger and Gray [planned layoff] numbers, we saw the ADP numbers, the weekly jobless claim numbers—yeah, well, they were basically in line, but we knew two days ago that this was going to be a bloody number. Frankly, we probably knew several months ago that it was going to be a bloody number.” The Wall Street Journal and New York Times both agree with Glick’s assessment. [Media Matters, 11/7/2008; New York Times, 11/7/2008]

Entity Tags: Alexis Glick, Media Matters, Barack Obama, Fox Business Channel, Eric Bolling, Dick Morris, New York Times, Chris Matthews, Fox News, Rush Limbaugh, Sean Hannity, Wall Street Journal

Timeline Tags: Global Economic Crises, Domestic Propaganda, 2008 Elections, 2010 Elections

General Eric Shinseki looks on as President-elect Obama announces his choice to head the Department of Veterans Affairs.General Eric Shinseki looks on as President-elect Obama announces his choice to head the Department of Veterans Affairs. [Source: Los Angeles Times]President-elect Barack Obama selects retired General Eric Shinseki to be the new head of the Department of Veterans Affairs. Shinseki, a decorated Vietnam veteran, was the Army Chief of Staff when, months before the launch of the Iraq invasion, the US would need to send far more troops into Iraq than were allocated (see February 25, 2003). He also warned of the possibility of ethnic rivalries erupting into violent confrontations, and of the difficulties faced by a US-led reconstruction. Shinseki was ridiculed by then-Defense Secretary Donald Rumsfeld and his then-deputy, Paul Wolfowitz (see February 27, 2003). Obama now says of Shinseki, “He was right.” Obama adds, “We owe it to all our veterans to honor them as we honored our Greatest Generation,” referring to World War II-era veterans. “Not just with words, but with deeds.” The announcement is made on the 67th anniversary of the bombing of Pearl Harbor; Shinseki is of Japanese ancestry. Shinseki says, “Even as we stand here today, there are veterans who have worried about keeping their health care or even their homes, paying their bills or finding a good job when they leave the service.” He promises to run a “21st century VA.” [Chicago Sun-Times, 12/8/2008; Democratic National Committee, 12/8/2008]
'Straight Shooter,' 'Stinging Rebuke' of Bush Policies - Responses to Shinseki’s impending appointment focus on Shinseki’s competence and the implied repudiation of Bush-era policies towards the military. Senator Patrick Leahy (D-VT) calls Shinseki “a straight shooter and truth talker,” and says that his is the kind of leadership the VA needs after what he calls years of neglect of the agency by the Bush administration. [Barre-Montpelier Times Argus, 12/7/2008] The Boston Globe echoes Leahy’s characterization, calling Shinseki a “truth teller,” and writes: “The choice is a stinging rebuke not just of Rumsfeld and President Bush for failing to take Shinseki’s advice on the Iraq war, but also of the administration’s weak effort to solve the medical, educational, emotional, and employment problems that veterans are having in returning to civilian life. Just as the Bush administration thought it could oust Saddam Hussein and create a peaceful, democratic Iraq with a bare-bones force, it has tried to skimp on veterans services.” [Boston Globe, 12/9/2008] And the Washington Post’s E. J. Dionne adds, “In naming Shinseki to lead the Department of Veterans Affairs, Obama implicitly set a high standard for himself by declaring that truth-tellers and dissenters would be welcome in his administration.” [Washington Post, 12/9/2008] The chairman of the House Veterans Affairs Committee, Bob Filner (D-CA), says that Shinseki faces a daunting task: “The stakes are high at the Department of Veterans Affairs. Our veterans need to know that their service to our country is respected and honored. A new basis of stable funding must be developed. The claims backlog must be attacked in a new and dynamic way. And the mental health of our veterans—from every conflict and each generation—must remain a high priority.” John Rowan of the Vietnam Veterans of America (VVA) believes Shinseki is up for the challenge: “We have no doubt that General Shinseki has the integrity and personal fortitude to usher in the real changes needed to make the VA a true steward of our nation’s veterans and their families. His selection certainly lives up to Mr. Obama’s promise to bring change and hope to Washington. VA bureaucrats, for whom ‘change’ is a dirty word, will learn that there really is a new game in town. Veterans of all political persuasions should take heart and applaud this choice.” [Washington Times, 12/8/2008]
'Lionized by Wounded Warriors' - Thomas DeFrank of the New York Daily News writes: “By restoring to grace a retired four-star general whose career was vaporized by… Rumsfeld for daring to tell the truth, Obama has delivered a powerful symbolic statement that his government will indeed be different from the last. Shinseki’s treatment at the hands of Rumsfeld and his deputy Paul Wolfowitz is a classic of petty, meanspirited retribution.… By rehabilitating him… Obama has signaled he’s not interested in surrounding himself with toadies and yes-men. A president-elect determined to withdraw from Iraq has also helped himself with veterans. [Shinseki] is lionized by wounded warriors for his grit in persuading Army brass to let him stay on active duty after losing part of a foot in Vietnam.” [New York Daily News, 12/7/2008] And the New York Times writes, “It is heartening to know that [Shinseki] has been chosen to lead the agency charged with caring for America’s veterans, who deserve far better treatment than the country has given them.” [New York Times, 12/9/2008]
Anonymous Criticism - One of the few sour notes is sounded by the conservative Washington Times, which quotes an anonymous “high-ranking retired officer” as saying: “How much time has he spent visiting the PTSD [post-traumatic stress disorder] wards, the multiple-amputee wards, the burn wards? The major question I have is: Just what has he done for the past five years to show any concern for our veterans? I do not see any evidence of Shinseki being an agent for change.” [Washington Times, 12/8/2008]

Entity Tags: Boston Globe, Vietnam Veterans of America, Washington Times, Barack Obama, Robert Earl (“Bob”) Filner, US Department of the Army, Thomas DeFrank, US Department of Veterans Affairs, Patrick J. Leahy, Donald Rumsfeld, Paul Wolfowitz, Eric Shinseki, E. J. Dionne, John Rowan, New York Times, George W. Bush

Timeline Tags: US Military

Steven Bradbury, the outgoing head of the Justice Department’s Office of Legal Counsel (OLC), issues a legal opinion finding certain earlier opinions from the OLC invalid. Bradbury is referring to several memos issued by former OLC lawyers John Yoo, Jay Bybee, and others after the 9/11 attacks (see March 2, 2009).
'Doubtful Nature' - Bradbury writes that these opinions had not been relied upon since 2003, and notes that it is important to acknowledge in writing “the doubtful nature of these propositions.” The opinions “do not currently reflect, and have not for some years reflected, the views of the” OLC, Bradbury writes, “and on several occasions we have already acknowledged the doubtful nature of these propositions.”
President's Position - One portion of Bradbury’s memo says it is “not sustainable” to argue that the president’s power as commander in chief “precludes Congress from enacting any legislation concerning the detention, interrogation, prosecution, and transfer of enemy combatants.” Bradbury is referring to a 2002 memo that claimed President Bush could order the “rendition” of detainees to other countries without regard to Congressional legislation (see March 13, 2002).
'Novel and Complex Questions' - In repudiating the memos, Bradbury writes that they were the product of Yoo and others confronting what he calls “novel and complex questions in a time of great danger and under extraordinary time pressure.” [US Department of Justice, 1/15/2009 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009]
Response - Yale law professor Jack Balkin later notes that the memo does not repudiate “any of the Bush administration’s specific policies regarding surveillance, detention, and interrogation.” [Jack Balkin, 3/3/2009] In 2004, the Justice Department repudiated the so-called “golden shield” memo, written by Yoo and the then-chief counsel for Vice President Cheney, David Addington, which gave US personnel almost unlimited authority to torture prisoners (see August 1, 2002). The New York Times writes that Bradbury’s last-minute memo “appears to have been the Bush lawyers’ last effort to reconcile their views with the wide rejection by legal scholars and some Supreme Court opinions of the sweeping assertions of presidential authority made earlier by the Justice Department.” Walter Dellinger, who headed the OLC during the Clinton administration, says that Bradbury’s memo “disclaiming the opinions of earlier Bush lawyers sets out in blunt detail how irresponsible those earlier opinions were.” Dellinger says it is important to note that the Bush administration’s assertions “that Congress had absolutely no role in these national security issues was contrary to constitutional text, historical practice, and judicial precedent.” [New York Times, 3/2/2009] Bradbury, who like Yoo and Bybee may face disbarment, is careful to note that while the legal opinions are invalid, he is not suggesting that the authors did not “satisfy” professional standards. [Washington Post, 3/3/2009]

Entity Tags: John C. Yoo, Steven Bradbury, Office of Legal Counsel (DOJ), New York Times, Walter Dellinger, Jay S. Bybee, Jack Balkin, US Department of Justice

Timeline Tags: Civil Liberties

David Kris.David Kris. [Source: Brookings Institution]President Obama picks as his nominee to lead the Justice Department’s National Security Division an outspoken critic of the Bush administration’s legal justifications for warrantless wiretapping. David Kris served as a senior Justice Department official in both the Clinton and Bush administrations before accepting a position at Georgetown University’s law school, and is considered an expert on intelligence law. After the New York Times revealed the Bush administration’s warrantless wiretapping program (see December 15, 2005), Kris wrote a 25-page legal analysis describing the rationale for the program as “weak” and probably invalid. When he was at the Justice Department, Kris advised his then-boss, Deputy Attorney General Larry Thompson, not to sign a batch of wiretapping warrants—results of the warrantless wiretap program—because intelligence officials would not reveal how the information in the wiretaps was obtained. If confirmed by the Senate, Kris will not only oversee intelligence and national security law, but may be responsible for the dispensation of the detainees in the Guantanamo prison camp (see January 22, 2009). [New York Times, 1/22/2009]

Entity Tags: US Department of Justice, Barack Obama, Bush administration (43), David Kris, New York Times

Timeline Tags: Civil Liberties

Four far-right “nativists” speak against immigration at a presentation that takes place at Washington’s National Press Club, in an event sponsored by a group called American Cause. The four include Marcus Epstein, the head of American Cause; Bay Buchanan, the sister of MSNBC contributor and American Cause founder Pat Buchanan, and the head of an anti-immigrant political action committee, Team America PAC; Fox News contributor James Pinkerton; and Peter Brimelow, an outspoken white supremacist who founded the racist VDare.com. Epstein is a young activist with ties to racist and white supremacist groups (see October 8, 2007). The presentation is, according to a press release, about “how immigration control is vital to future Republican success.” The release states, “Despite media reports to the contrary, every defeated GOP Congressional candidate supported amnesty or open border policies for illegal aliens—or had Democratic contenders who took tough stands on illegal immigration, according to a new study to be released at a symposium next Thursday.” The study is an American Cause production written by Epstein entitled “Immigration and the 2008 Republican Defeat,” and is, the release says, “a detailed analysis of every single Republican seat lost in the 2008 House race, that shows in virtually every race the Republican supported amnesty or the Democrat supported tough border security.” The release accuses Republicans of “pandering” to Hispanics to secure their votes, without success; argues that Hispanics care little about immigration issues; claims that “[w]hatever gains, if any, pandering to Hispanics gives is greatly outweighed by loss of the White vote, which is more important”; says recent “[d]emographic changes made by mass immigration have been disastrous to Republicans and fatal if not halted”; and says that when Republicans take strong stands for increased border security, “national sovereignty, and immigration control,” they win elections. [The American Cause, 1/30/2009; New York Times, 1/31/2009] The New York Times will call the claims about immigration stances affecting Republican success at the polls “nonsense,” and will state, “In House and Senate races in 2008 and 2006, ‘anti-amnesty’ hard-liners consistently lost to candidates who proposed comprehensive reform solutions” (see January 31, 2009). [New York Times, 1/31/2009] A blog hosted by the pro-immigration American Immigration Council (AIC) will claim that the turnout for the presentation is “scant,” and will observe that the poor turnout “is a hopeful sign that this type of intolerant, out-of-touch rhetoric is no longer mainstream and that the real leaders of the GOP have learned a hard lesson—that alienating and demonizing the largest growing segment of the American electorate is not a winning campaign strategy—and are looking for a new way forward.” [Wendy Sefsaf, 1/30/2009]

Entity Tags: The American Cause, Marcus Epstein, James Pinkerton, Bay Buchanan, American Immigration Council, New York Times, Patrick Buchanan, National Press Club

Timeline Tags: Domestic Propaganda

The New York Times, in an editorial, condemns the “nativist” anti-immigrant movement (see February 2009) as having what it calls “a streak of racialist extremism” and being far on the fringe of the American body politic. The editorial comes days after a presentation by the anti-immigration group American Cause at the National Press Club (see January 29, 2009). American Cause was founded by MSNBC contributor Pat Buchanan and is headed by Marcus Epstein, a young activist with a raft of ties to racist and white supremacist groups (see October 8, 2007). Epstein also releases a report to go with the presentation that claims the federal government has been far too soft on would-be immigrants, and blames the November 2008 defeats of Republican candidates on the party’s unwillingness to stand up for an absolute ban on immigration. Epstein accuses former President Bush and his political advisor Karl Rove of “pander[ing] to pro-amnesty Hispanics and swing voters,” and urges Republicans to work to completely seal the US borders and drive immigrants out. The Times observes: “This is nonsense, of course. For years Americans have rejected the cruelty of enforcement-only regimes and Latino-bashing, in opinion surveys and at the polls. In House and Senate races in 2008 and 2006, ‘anti-amnesty’ hard-liners consistently lost to candidates who proposed comprehensive reform solutions.… Americans want immigration solved, and they realize that mass deportations will not do that. When you add the unprecedented engagement of growing numbers of Latino voters in 2008, it becomes clear that the nativist path is the path to permanent political irrelevance. Unless you can find a way to get rid of all the Latinos.” Participants in Epstein’s presentation included Bay Buchanan, Pat Buchanan’s sister and the director of an anti-immigrant political action committee, Team America PAC; James Pinkerton, a Fox News contributor; and Peter Brimelow, an outspoken white supremacist who founded the racist VDare.com. The Times warns: “It is easy to mock white-supremacist views as pathetic and to assume that nativism in the age of Obama is on the way out. The country has, of course, made considerable progress since the days of Know-Nothings and the Klan. But racism has a nasty habit of never going away, no matter how much we may want it to, and thus the perpetual need for vigilance.” [New York Times, 1/31/2009]

Entity Tags: Marcus Epstein, Bay Buchanan, George W. Bush, James Pinkerton, Karl C. Rove, The American Cause, Peter Brimelow, Patrick Buchanan, New York Times

Timeline Tags: Domestic Propaganda

An Iraqi war widow.An Iraqi war widow. [Source: Johan Spanner / New York Times]Iraqi women, particularly war widows, have an extremely difficult time surviving in their country, according to a profile by the New York Times. Of Iraqi women between 15 and 80 years of age, 740,000, or around one in 11, are estimated to be widows; only about 120,000 of those widows receive any governmental aid.
Depressed Living Conditions - Many of the widows profiled by the Times live, either alone or with the remnants of their families, in a trailer park for war widows in a poor section of Baghgad. Many other widows are not so fortunate; the trailer park, which houses 750 people, is among the very few aid programs available for the widows. Many of those widows and their children live in public parks or inside gas station restrooms. The sight of war widows begging on the street—or available as potential recruits for insurgents—is an everyday occurrence.
Potential Insurgency Recruits - Times reporter Timothy Williams writes: “As the number of widows has swelled during six years of war, their presence on city streets begging for food or as potential recruits by insurgents has become a vexing symbol of the breakdown of Iraqi self-sufficiency. Women who lost their husbands had once been looked after by an extended support system of family, neighbors, and mosques. But as the war has ground on, government and social service organizations say the women’s needs have come to exceed available help, posing a threat to the stability of the country’s tenuous social structures.”
'Too Many' Widows to Help - Leila Kadim, a managing director in the Ministry of Labor and Social Affairs, acknowledges that the situation will not change soon. “We can’t help everybody,” she says. “There are too many.”
Alternatives - Some engage in “temporary marriages,” Shi’ite-sanctioned unions lasting anywhere from an hour to a year and usually based on sex, to become eligible for government, religious, or tribal leaders. Others have become prostitutes. Others have joined the insurgency in return for steady pay. The Iraqi military says dozens of women have become suicide bombers, and that number is expected to increase.
Minimal Government Assistance - The government’s current stipend for widows is an ungenerous $50/month and an additional $12/month for each child; efforts to increase that stipend have not made progress. And only about one in six widows receive that small amount of money. Widows and their advocates say that to receive benefits they must either have political connections or agree to temporary marriages with the powerful men who control the distribution of government funds. Samira al-Mosawi, chair of the women’s affairs committee in Parliament, says: “It is blackmail. We have no law to treat this point. Widows don’t need temporary support, but a permanent solution.”
Paying Men to Marry Widows - One solution has been proposed by Mazin al-Shihan, director of the Baghdad Displacement Committee. Al-Shihan has introduced a proposal to pay men to marry widows. When asked why money shouldn’t go directly to the widows, al-Shihan laughs. “If we give the money to the widows, they will spend it unwisely because they are uneducated and they don’t know about budgeting,” he says. “But if we find her a husband, there will be a person in charge of her and her children for the rest of their lives. This is according to our tradition and our laws.” [New York Times, 2/22/2009]

Entity Tags: Baghdad Displacement Committee, New York Times, Iraqi Ministry of Labor and Social Affairs, Leila Kadim, Samira al-Mosawi, Timothy Williams, Mazin al-Shihan

Timeline Tags: Iraq under US Occupation

Mark Ames and Yasha Levine, the reporters-turned-bloggers who recently caused a firestorm of controversy with their article on Playboy.com accusing CNBC commentator Rick Santelli of colluding with FreedomWorks and the Koch family in launching the anti-Obama “tea party” movement (see February 19, 2009 and February 27, 2009), discuss Playboy’s recent unexplained deletion of their article from its Web site. AlterNet editor Jan Frel writes that Playboy’s action was likely taken due to fear of libel suits. In an e-mail to Frel, Ames and Levine write: “There has been a lot of speculation as to why Playboy removed our original article from its site. Let us put it this way: When you look at the fallout from our article—FreedomWorks admits its role in the teaparty, Santelli issues a giant lawyer-penned opus about how he loves Obama (see March 2, 2009), and CNBC (whose parent company is the megaconglomerate General Electric) frightens a bunch of Astroturfing Web sites into dropping Santelli’s name and into revealing their own PAC sponsors (see March 2, 2009)—then it’s clear we hit the bull’s-eye and stirred up the wrath of a very scary monster. Given all of this, it would not be unreasonable for one to consider the possibility (as many have) that the multigazilliondollar megabeast GE threatened the much smaller independent media company Playboy with a terrifying and expensive lawsuit, which, given the current financial crisis, is not something anyone but another GE-sized megabeast could cope with. ‘Nuf said on that.” Frel notes that some of the critics of Ames and Levine have their own ties to the subjects of the controversy. Playboy has a film deal with NBC Universal, the parent company of CNBC. The New York Times, which has been critical of the story, has disclosed its content-sharing agreement with CNBC. And Atlantic Monthly blogger Megan McArdle, who has attacked the credibility of the story, has disclosed that she lives with a man who used to work for FreedomWorks and who has engaged in similar “astroturfing” incidents as the ones Ames and Levine reported on in their article (see March 2, 2009). [AlterNet, 3/3/2009]

Entity Tags: Jan Frel, Fred Koch, Atlantic Monthly, General Electric, Rick Santelli, Yasha Levine, New York Times, Mark Ames, FreedomWorks, NBC Universal, Megan McArdle, Playboy

Timeline Tags: Domestic Propaganda

Conservative pundit Ann Coulter tells a New York Times reporter that the editorial staff of the Times—which she brands the “Treason Times”—should have been executed for treason for revealing the Bush administration’s warrantless wiretapping program (see December 15, 2005). Coulter responded to a set of questions e-mailed to her regarding her upcoming debates with political satirist Bill Maher. Asked if she believes she speaks for the conservative movement, for her own fan base, or someone else, she answers, “I think I speak for all Americans who think newspaper editors who print the details of top secret anti-terrorist intelligence gathering programs on page one in wartime should be executed for treason.” [New York Times, 3/9/2009]

Entity Tags: New York Times, Ann Coulter, Bush administration (43)

Timeline Tags: Civil Liberties, Domestic Propaganda

President Barack Obama releases a video message directed at Iran. The White House sends the message to commemorate the Iranian holiday of Nowruz, or “New Day,” the Iranian New Year. Obama begins by lauding the history and culture of the Iranian people. He acknowledges that the US and Iran continue to have strained and difficult relations, but says, “[A]t this holiday we are reminded of the common humanity that binds us together.” Obama promises that the US will work to build a strong relationship through honest, respectful diplomacy. To Iran’s governmental leaders, he says: “You, too, have a choice. The United States wants the Islamic Republic of Iran to take its rightful place in the community of nations. You have that right—but it comes with real responsibilities, and that place cannot be reached through terror or arms, but rather through peaceful actions that demonstrate the true greatness of the Iranian people and civilization. And the measure of that greatness is not the capacity to destroy, it is your demonstrated ability to build and create.” He concludes by quoting a famous Iranian poet and giving holiday greetings in Farsi: “I know that this won’t be reached easily. There are those who insist that we be defined by our differences. But let us remember the words that were written by the poet Saadi, so many years ago: ‘The children of Adam are limbs to each other, having been created of one essence.’ With the coming of a new season, we’re reminded of this precious humanity that we all share. And we can once again call upon this spirit as we seek the promise of a new beginning. Thank you, and Eid-eh Shoma Mobarak [Happy New Year].” [White House, 3/19/2009; White House, 3/19/2009; Washington Post, 3/20/2009]
'Groundbreaking' Message May Force Iranian Hardliners to Give Ground - Reaction to the message is mixed. The New York Times calls the message “groundbreaking,” and notes that Obama’s use of the proper name of the country—“The Islamic Republic of Iran”—acknowledges the nation’s theological governance in a respectful manner not done by members of the Bush administration and, the Washington Post observes, “signaling an apparent break from President George W. Bush’s unstated promotion of a change of leadership.” Martin Indyk, a former US ambassador to Israel, says of the message: “That wording is designed to demonstrate acceptance of the government of Iran. The message is dripping with sincerity and directly addresses one of the things they are most concerned about.” Iranian officials acknowledge the message, but say that Obama’s actions must live up to his words, and past grievances, such as the US 1988 downing of an Iranian airliner, must be redressed. A senior government official, Ali Akbar Javanfekr, says: “This cannot only be done by us, we cannot simply forget what the US did to our nation. They need to perceive what wrong orientation they had and make serious efforts to make up for it.” A former Iranian ambassador to France, Sadegh Kharrazi, says: “Obama had no practical suggestion that we can work with. This is a lost opportunity.” But Iranian-American expert Karim Sadjadpour says that Obama’s message will force the Iranian government to, in the words of the Times, “put up or shut up on prospects for better relations with the United States.” Sadjadpour says: “What this message does is, it puts the hard-liners in a difficult position, because where the Bush administration united disparate Iranian political leaders against a common threat, what Obama is doing is accentuating the cleavages in Iran. It makes the hard-liners look increasingly like they are the impediment.” [New York Times, 3/20/2009; Washington Post, 3/20/2009]
Neoconservative: Obama 'Kowtowing' to Iranian Government - Neoconservative William Kristol deplores the message, calling it little more than a “message of weakness” and criticizing Obama for not calling on the Iranian government to emphasize “liberty,” “freedom,” “democracy,” and “human rights.” Kristol writes, “[W]hat’s distinctive about Obama’s statement is his respect for the ‘leaders,’ the clerical dictatorship,” to whom Obama is “kowtowing.” Kristol deplores Obama’s failure to echo the Bush administration’s call for regime change in Iran, and criticizes Obama’s failure to call for an end to Iran’s nuclear program. “Obama doesn’t believe in threats,” Kristol writes. “He believes that we should speak nicely to our enemies, and carry no stick.” [Weekly Standard, 3/30/2009]

Entity Tags: New York Times, Ali Akbar Javanfekr, Barack Obama, Martin Indyk, William Kristol, Karim Sadjadpour, Washington Post, Sadegh Kharrazi, Obama administration

Timeline Tags: US confrontation with Iran

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: Glenn Beck, David Frum, Eric Boehlert, Tom Rosenstiel, Bill Maher, New York Times, Jeffrey Jones, Phil Griffin, Fox News, Media Matters, Joel Cheatwood

Timeline Tags: Domestic Propaganda

A proposal by two Senators, Jon Kyl (R-AZ) and Blanche Lincoln (D-AR), to cut $250 billion in estate taxes for the children of multi-millionaires, garners what progressive think tank the Center for American Progress calls “a disturbing amount of support.” The New York Times writes that for Kyl and Lincoln: “[T]he most pressing [economic] issue is clear: America’s wealthiest families need help. Now.” The Kyl-Lincoln proposal would raise the estate tax exemption from $7 million to $10 million per couple and lower the top rate from 45 percent to 35 percent. Kyl, Lincoln, and other supporters say the estate tax cuts would protect small farms and businesses. This claim is refuted by the Center on Budget and Policy Priorities, which notes that “only 0.2 percent of the additional cost of the proposal, relative to [the Obama proposal for estate taxes], would go toward tax cuts for small businesses and farms.” Around $249.5 billion of that money would go to the inheritors of estates worth over $7 million. According to both the Times and the Center for American Progress, less than 0.3 percent of Americans would pay estate taxes under Obama’s proposal; only those households worth over $7 million. The Times observes: “In addition to creating the false impression that the estate tax eventually hits everyone—by mislabeling it a ‘death tax’—opponents routinely denounce the 45 percent top tax rate as confiscatory. In fact, the rate applies only to the portion of the estate that exceeds the exemption. As a result, even estates worth more than $20 million end up paying only about 20 percent in taxes. Another misleading argument is that the estate tax represents double taxation. In truth, much of the wealth that is taxed at death has never been taxed before. That’s because such wealth is often accrued in the form of capital gains on stocks, real estate, and other investments. Capital gains are not taxed until an asset is sold. Obviously, if someone dies owning an asset, he or she never sold it and thus never paid tax on the gain. If those arguments aren’t enough to stop the Lincoln-Kyl show, lawmakers should consider this: The estate tax creates a big incentive for high-end philanthropy, because charitable bequests are exempt.” [New York Times, 4/1/2009; Think Progress, 4/1/2009]

Entity Tags: New York Times, Blanche Lincoln, Center for American Progress, Obama administration, Center on Budget and Policy Priorities, Jon Kyl

Timeline Tags: Global Economic Crises

Conservative pundits on Fox News and other media outlets falsely claim that President Obama ceded the government’s authority over its economy to an international consortium during the G-20 summit, which concluded on April 2, 2009 in London. On April 3, pundit Dick Morris appears on Fox News’s America’s Newsroom to claim that Obama “effectively ceded massive areas of American sovereignty to Europe and to the global economic mavens.… [T]his literally is a massive surrender of sovereignty to an essentially European body.” On April 3, US Representative Don Manzullo (R-IL) tells CNN’s Kitty Pilgrim that Treasury Secretary Timothy “Geithner’s proposing, with the help of the administration, a worldwide international control over all financial interests—in fact, over any corporation, to the extent of even controlling the compensation of the employees. That’s not only radical, Kitty, that’s frightening.” Pilgrim responds, “Yeah, it certainly is.” On April 5, Fox News host Monica Crowley, appearing on the syndicated McLaughlin Group, says the G-20 agreement is “the first step to abrogating American sovereignty here, because… it is going to allow European bureaucrats to step in, not just on the hedge fund regulation and the other explicit things that they agreed to, but buried deep down in this communiqué was the ability for European bureaucrats sitting in Brussels to decide what kind of executive compensation American executives should—” Financial Times US managing editor Chrystia Freeland interjects, “No, there was no authority like that there, Monica.” Crowley responds, “I read it in the communique this morning.” [Media Matters, 4/7/2009] In an April 6 column titled “The Declaration of Independence Has Been Repealed,” Morris writes: “On April 2, 2009, the work of July 4, 1776 was nullified at the meeting of the G-20 in London. The joint communique essentially announces a global economic union with uniform regulations and bylaws for all nations, including the United States. Henceforth, our SEC [Securities and Exchange Commission], Commodities Trading Commission, Federal Reserve Board, and other regulators will have to march to the beat of drums pounded by the Financial Stability Board (FSB), a body of central bankers from each of the G-20 states and the European Union.… Obama, perhaps feeling guilty for the US role in triggering the international [economic] crisis, has, indeed, given away the store. Now we may no longer look to presidential appointees, confirmed by the Senate, to make policy for our economy. These decisions will be made internationally.” Noting that the FSB is numerically dominated by European members, Morris writes: “The Europeans have been trying to get their hands on our financial system for decades. It is essential to them that they rein in American free enterprise so that their socialist heaven will not be polluted by vices such as the profit motive. Now, with President Obama’s approval, they have done it.” [Dick Morris, 4/6/2009] On the evening of April 6, Morris makes the same claims on Fox News’s Hannity, telling viewers: “Basically, from an economic standpoint, [Obama’s] repealed [the Declaration of Independence]. We no longer have economic sovereignty.” [New York Times, 4/3/2009] None of these claims are true, as Freeland tried to assert. The FSB has no cross-border authority and therefore no authority over American economic decisions. On April 3, the New York Times reports, “While the [G-20] leaders agreed to create a new Financial Stability Board to monitor the financial system for signs of risks, they stopped well short of giving regulators cross-border authority, something France has long advocated.” [New York Times, 4/3/2009; Media Matters, 4/7/2009]

Entity Tags: Fox News, Chrystia Freeland, Barack Obama, Dick Morris, Financial Stability Board, Timothy Geithner, Don Manzullo, New York Times, Kitty Pilgrim, Monica Crowley

Timeline Tags: Domestic Propaganda

Marcy Wheeler.Marcy Wheeler. [Source: Project Censored]Progressive blogger Marcy Wheeler, who posts under the moniker “emptywheel” at FireDogLake.com, finds that, upon careful perusal of the March 30, 2005 CIA torture memo just released by the Obama administration (see May 30, 2005 and April 16, 2009), two suspected terrorists, Abu Zubaida and Khalid Shaikh Mohammed, were waterboarded 266 times. Initial, more cursory news reports on the memo did not reveal this fact. The next day, the New York Times will cite Wheeler in its report on the discovery. [Marcy Wheeler, 4/18/2009; New York Times, 4/19/2009] Wheeler writes: “The CIA wants you to believe waterboarding is effective. Yet somehow, it took them 183 applications of the waterboard in a one month period to get what they claimed was cooperation out of KSM. That doesn’t sound very effective to me.” [Marcy Wheeler, 4/18/2009] Days later, an unidentified “US official with knowledge of the interrogation program” will tell a Fox News reporter that the claim of 183 waterboardings for Mohammed is inaccurate and misleading. Mohammed was only waterboarded five times, the official will claim. The figure of 183 is the number of “pours” Mohammed was subjected to. “The water was poured 183 times—there were 183 pours,” the official says, adding, “[E]ach pour was a matter of seconds.” The report of five waterboardings for Mohammed comes from a 2007 Red Cross report, the official will say. [Fox News, 4/28/2009]

Entity Tags: Marcy Wheeler, Obama administration, FireDogLake (.com), Central Intelligence Agency, Abu Zubaida, New York Times, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline

New York Times editor Clark Hoyt, in a column entitled “Telling the Brutal Truth,” writes of the lengthy discussions among Times editors and staffers on using the term “torture” in their reports and editorials. Hoyt writes that the term is not used in news reports, though it is in editorials. “Until this month,” he writes, “what the Bush administration called ‘enhanced’ interrogation techniques were ‘harsh’ techniques in the news pages of the Times. Increasingly, they are ‘brutal.’” He characterizes the decision to use, or not use, the word “torture” as an example of “the linguistic minefields that journalists navigate every day in the quest to describe the world accurately and fairly.” He notes that the final decision—to rely on the adjective “brutal”—“displeas[es] some who think ‘brutal’ is just a timid euphemism for torture [as well as] their opponents who think ‘brutal’ is too loaded.”
Reader Criticism - Hoyt notes that some readers have criticized the Times for its lack of “backbone” in not using the term “torture” in its reporting, with one writing that by refusing to use the term, “you perpetuate the fantasy that calling a thing by something other than its name will change the thing itself.” Others say that even using the word “brutal” is “outrageously biased.”
'Harsh' Not Accurately Descriptive - Hoyt notes that in the process of editing an April 10 news report on the CIA’s closing of its network of secret overseas prisons (see April 10, 2009), reporter Scott Shane and editor Douglas Jehl debated over the wording of the first paragraph. Jehl had written that the interrogation methods used in the prisons were “widely denounced as illegal torture,” a phrase Jehl changed to “harshest interrogation methods.” Shane argued that the term “harshest” was not strong enough, and the two agreed to use the word “brutal.” After reading the recently released Justice Department torture memos (see April 16, 2009), managing editor Jill Abramson said a new and stronger term needed to be used. “Harsh sounded like the way I talked to my kids when they were teenagers and told them I was going to take the car keys away,” she says. She, too, came down in favor of “brutal” after conferring with legal experts and Washington bureau chief Dean Baquet. But senior editors have all agreed that the word torture will not be used except in quoting others’ descriptions of the methods. “I have resisted using torture without qualification or to describe all the techniques,” Jehl says. “Exactly what constitutes torture continues to be a matter of debate and hasn’t been resolved by a court. This president and this attorney general say waterboarding is torture, but the previous president and attorney general said it is not. On what basis should a newspaper render its own verdict, short of charges being filed or a legal judgment rendered?” [New York Times, 4/25/2009]
Accusation of Bias, Semantic Games - Media critic Brad Jacobson accuses Hoyt and the Times staff of engaging in meaningless semantic wordplay instead of labeling torture as what it is, and notes that Hoyt seems to admit that public opinion, not journalistic standards, has determined what terms the Times will and will not use. Jacobson writes: “1) If the Times called techniques such as waterboarding torture in its reporting, which it should based on US and international law, legal experts, historians, military judges, combat veterans, and human rights organizations, and described, however briefly, what that torture entailed, then the use of modifying adjectives such as ‘harsh’ or ‘brutal’ would not only be superfluous but, in a news story, better left out; and 2) isn’t the Times (along with any news outlet that has failed to report these acts as torture) directly responsible in some way for inspiring the kind of response it received from readers [who objected to the term ‘brutal’]? If readers are not provided the facts—a) waterboarding is torture and b) torture is illegal—while Times editors are simultaneously ascribing arbitrary descriptors to it like ‘brutal’ or ‘harsh,’ then the Times is not only denying its readers the necessary information to understand the issue but this denial may also lead directly to accusations of bias.” He also notes that Jehl censored Shane’s story to eliminate the reference to the methods being “widely denounced as illegal torture,” and asks why Abramson discussed the matter with legal experts rather than determining if waterboarding, physical assaults, and other techniques do indeed qualify as torture under the Geneva Conventions, the Convention Against Torture (see October 21, 1994), and other binding laws and treaties. [Raw Story, 4/26/2009]

Entity Tags: Douglas Jehl, Central Intelligence Agency, Brad Jacobson, Clark Hoyt, Dean Baquet, Scott Shane, Convention Against Torture, Jill Abramson, Geneva Conventions, US Department of Justice, New York Times

Timeline Tags: Torture of US Captives

The US Court of Appeals for the Ninth Circuit reinstates the case of Mohamed v. Jeppesen Dataplan, overruling strong objections from the Obama administration (see February 9, 2009), which argued that the case risked revealing “state secrets.” The New York Times writes that the verdict “deal[s] a blow to efforts by both the Bush and Obama administrations to claim sweeping executive secrecy powers.” Five victims of the CIA’s “extraordinary rendition” program are suing Jeppesen, a subsidiary of Boeing, for assisting the CIA with its transfer flights to and from secret overseas detention sites. The former detainees are joined in their suit by the American Civil Liberties Union (ACLU). A lower court had previously ruled in the government’s favor while President Bush was in office; the Obama administration supported the Bush administration’s position. The logic of the state secrets privilege, the appeals court panel writes, “simply cannot stretch to encompass cases brought by third-party plaintiffs against alleged government contractors for the contractors’ alleged involvement in tortious intelligence activities. Nothing the plaintiffs have done supports a conclusion that their ‘lips [are] to be for ever sealed respecting’ the claim on which they sue, such that filing this lawsuit would in itself defeat recovery.” The ACLU had argued that there was no compelling reason to prevent the victims from bringing suit against a government contractor who allegedly assisted in their torture. The pursuit of those claims would not necessarily endanger state secrets. [Washington Independent, 4/28/2009; New York Times, 4/28/2009]
Government Asked for Immunity from Oversight, Court Finds - Repudiating the state secrets claim in the case, the appeals court adds: “The [government’s position] has no logical limit—it would apply equally to suits by US citizens, not just foreign nationals; and to secret conduct committed on US soil, not just abroad. According to the government’s theory, the Judiciary should effectively cordon off all secret government activities from judicial scrutiny, immunizing the CIA and its partners from the demands and limits of the law.” [Salon, 4/28/2009]
Civil Liberties Advocates Celebrate Verdict - Civil liberties correspondent Daphne Eviatar calls the decision “a huge victory, not only for the five victims themselves, but also for many civil liberties advocates.” Former civil litigator and columnist Glenn Greenwald calls the government’s position a “radical secrecy theory” that should have been repudiated in its entirety. “Today’s decision is a major defeat for the Obama [Justice Department]‘s efforts to preserve for itself the radically expanded secrecy powers invented by the Bush [Justice Department] to shield itself from all judicial scrutiny,” he writes.
Further Actions Possible - The Obama administration has the option to ask for another appeals court hearing, ask that the Supreme Court review the decision, or accept the ruling. Greenwald is certain it will ask for another appeal. [Washington Independent, 4/28/2009; Salon, 4/28/2009]

Entity Tags: Bush administration (43), American Civil Liberties Union, Glenn Greenwald, Central Intelligence Agency, Obama administration, Daphne Eviatar, Jeppesen Dataplan, New York Times

Timeline Tags: Torture of US Captives

Judge Jay Bybee, who authored or signed a number of memos authorizing torture while the chief of the Justice Department’s Office of Legal Counsel (OLC—see August 1, 2002, August 1, 2002, and December 2003-June 2004), defends his actions to the New York Times. Bybee has been a federal judge for over five years (see February 5, 2003); many civil libertarians and critics of the Bush administration want him to either step down from the bench or face impeachment (see April 21, 2009), and the Justice Department is investigating his professional conduct (see Before April 22, 2009). In recent days, Bybee’s friends and colleagues have reported his “regrets” over the memos (see April 25, 2009). Now, Bybee says while in hindsight he would have done some things differently, like clarifying and sharpening the analysis of some of his answers to help the public better understand the basis for his conclusions, the memos represent “a good-faith analysis of the law” that properly defined the narrow divide between harsh treatment and torture. Bybee’s memos gave a legal framework for the use of illegal interrogation tactics such as waterboarding, sleep deprivation, and enforced isolation. In a statement, Bybee says: “The central question for lawyers was a narrow one; locate, under the statutory definition, the thin line between harsh treatment of a high-ranking al-Qaeda terrorist that is not torture and harsh treatment that is. I believed at the time, and continue to believe today, that the conclusions were legally correct.” He had the support of other administration lawyers, he says. “The legal question was and is difficult. And the stakes for the country were significant no matter what our opinion. In that context, we gave our best, honest advice, based on our good-faith analysis of the law.” Bybee’s former colleague, law professor Christopher Blakesley, says he challenged Bybee on one of the memos in 2004, shortly after it became public knowledge. “I asked him how he could sign such an awful thing,” Blakesley recalls. Bybee refused to discuss the matter, and the two men have not spoken since. Blakesley says Bybee “has some basic flaws including being very naïve about leaders. He has too much respect for authority and will avoid a confrontation no matter what.” Some law clerks who worked with Bybee after he left the OLC recall him speaking about his involvement in some matters “so awful, so terrible, so radioactive” that he doubted the administration would ever disclose them. One of the then-clerks, Nina Rabin, says she finds Bybee’s position disturbing because he suggests a lawyer can be divorced from the policies being pursued under his legal rubric. “He definitely offered a view that was sanitized,” she says, “and I thought that was disingenuous in that it removed any responsibility on the part of the lawyer for what was happening.” [New York Times, 4/28/2009]

Entity Tags: New York Times, Bush administration (43), Christopher Blakesley, Jay S. Bybee, US Department of Justice, Nina Rabin, Office of Legal Counsel (DOJ)

Timeline Tags: Torture of US Captives

A New York Times investigation finds that some munitions procured by the Pentagon for the Afghan National Security Forces (ANSF) are leaking to the Taliban and other insurgents for use against American troops. Arms and ordnance collected from dead insurgents are found to be identical to ammunition the United States and other allies have provided to Afghan government forces, according to an examination of ammunition markings and interviews with American officers and arms dealers conducted by the New York Times. Military officials, arms analysts, and dealers say that poor American and Afghan controls on the vast inventory of weapons and ammunition sent to Afghanistan—as well as outright corruption among Afghan forces—may have helped insurgents stay supplied. Furthermore, military officers say that American forces do not examine all captured weapons to trace how insurgents obtain them, nor do they seek to determine whether the Afghan government, directly or indirectly, is a significant Taliban supplier. An American unit from the 26th Infantry allows the New York Times to examine the weapons it had retrieved from a raid on Taliban fighters. Examination of the Taliban’s cartridges finds telling signs of diversion in which the ammunition bears markings from an American company which sells cartridges to Afghan soldiers and police officers through middlemen. Ammo from a Czech company which has donated surplus ammo to the Afghan government is also identified.
Afghan Government and Security Forces Blamed for Weapon Diversions - The New York Times cautions that given the large number of potential weapons sources, “the probability that the Taliban and the Pentagon were sharing identical supply sources [is] small.” James Bevan, a researcher specializing in ammunition for the Geneva-based research group, Small Arms Survey, says that the munitions have most likely slipped from Afghan state custody. Mr. Bevan, who has documented ammunition diversion in Kenya, Uganda, and Sudan, surmises that interpreters, soldiers, or police officers sell ammunition for profit or pass it along for other reasons, including support for the insurgency. The American military does not dispute the possibility that theft or corruption could be steering ammunition to insurgents, but it backs Mr. Bevan’s statement that illicit diversion of arms is the fault of Afghan security forces, particularly corruption within the police. Capt. James C. Howell, commander of the unit that captured the ammunition, says the findings are unsurprising but explains that this form of corruption is not the norm, citing poor discipline and oversight in the Afghan national security forces rather than deliberate diversion. Another officer, Brig. Gen. Anthony R. Ierardi, the deputy commander of the transition command, cautions that insurgent use of American-procured munitions is not widespread, noting that the captured ammunition sampling was small and that munitions might have leaked to the Taliban through less nefarious means.
United States Military Also to Blame - The United States military was recently criticized by the Government Accountability Office and the Pentagon’s Inspector General, which blamed the Combined Security Transition Command-Afghanistan for failing to account for hundreds of thousands of weapons issued to the ANSF, warning that unaccounted for weapons were at great risk of being diverted to insurgents (see February 12, 2009) and (see October 24, 2008). [New York Times, 5/19/2009]

Entity Tags: Taliban, Small Arms Survey, James C. Howell, New York Times, Afghan National Security Forces, Afghan National Police, Afghan National Army, Anthony Ierardi, Combined Security Transition Command-Afghanistan, Government Accountability Office, James Bevan, Office of the Inspector General (DoD)

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Jeffery Pederson, office manager of the Central Family Medicine/Aid for Women Clinic in Kansas City, says that he reported to both the FBI and local police that a man whose description and license plate matched those of Scott Roeder, the man charged with murdering late-abortion-provider Dr. George Tiller (see May 31, 2009), had glued the locks of the clinic doors. One of the reports was made the day before the killing. “I was just sick,” Pederson says. “That was the plate I gave the FBI Saturday [May 30]. I called the FBI back and said, ‘It’s the same car. It’s the same guy.’” FBI spokeswoman Bridget Patton says, “When we are notified when vandalism occurs at a clinic, we look into the matter, but we’re not going to comment on anything regarding that incident.” Kansas City police spokesman Michael Golden says the police report resulting from Pederson’s complaint contained “no suspect information.” [Kansas City Star, 6/2/2009] In an interview with Amy Goodman of Democracy Now!, Pederson says that he told the FBI the vandal’s first name, Scott, which his staff knew from anti-abortion protests at the clinic, as well as giving them his license plate number and security camera videos. He also notes that complaints to the FBI of the same man committing similar vandalism in 2000 resulted in no action other than “talking to” Roeder. [Democracy Now!, 6/4/2009] A New York Times editorial will later criticize the FBI for not being more vigilant. [New York Times, 6/7/2009]

Entity Tags: George Tiller, Scott Roeder, New York Times, Jeffery Pederson, FBI Kansas Field Office, Kansas City, Kansas Police Department

Timeline Tags: US Health Care, Domestic Propaganda, US Domestic Terrorism

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

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

Timeline Tags: Civil Liberties

Hundreds wait in line for dental care at the Remote Area Medical clinic at The Forum.Hundreds wait in line for dental care at the Remote Area Medical clinic at The Forum. [Source: UPI / Jim Ruymen]The New York Times cites an eight-day health care event in Inglewood, California, as evidence of the overwhelming need for health care reform. Thousands of residents, who either lack any health insurance at all or are underinsured, line up every day outside The Forum, where the Los Angeles Lakers used to play professional basketball, to see a doctor, dentist, or nurse. The event serves 1,500 people per day; hundreds more are unable to get in to be seen. “It looked as if it was happening in an underdeveloped country, where villagers might assemble days in advance for care from a visiting medical mission,” the Times writes. “But it was happening in a major American metropolitan area. This vast, palpable need for help is a shameful indictment of our health care system—one that politicians opposed to reform insist is the world’s best.” The event is run by an organization called Remote Area Medical, originally formed to provide critical care to natives living in the Amazon basin. But the group realized that tremendous need exists within America itself, and began delivering free services in rural areas of the country. It has now expanded into urban areas. The first day, the group sees around 1,000 patients, and asks hundreds more to return the next day. By August 13, it has all available slots for the eight-day event committed. The Times writes: “The clinics are an inspiring example of what dedicated volunteers can do. But they are temporary events and come nowhere near to meeting the nation’s needs. Health care reforms under consideration in Congress could make big strides toward filling the gaps: by offering less costly insurance on new exchanges; by expanding Medicaid to cover more poor people and reaching out more vigorously to enroll them; by subsidizing coverage for low-income people; by helping increase the supply of primary care doctors; by requiring insurers to offer essential benefits and preventing them from denying coverage because of pre-existing conditions.… Americans deserve to know all of the facts, including that tens of millions of their neighbors and friends have no health insurance coverage at all or insurance that is grossly inadequate. If they still have doubts about why reform is so necessary, they should take another look at those lines in Inglewood.” [Guardian, 8/12/2009; New York Times, 8/15/2009; United Press International, 8/15/2009]

Entity Tags: New York Times, Remote Area Medical

Timeline Tags: US Health Care

Senator Arlen Specter (D-PA), fresh from a contentious “town hall” meeting on health care reform, holds another such forum in Lebanon, Pennsylvania. Though the Lebanon auditorium seats only 250, over 1,000 show up for the forum. Those who arrive first get in first, and therefore many anti-reform protesters enter the auditorium to grill Specter, while many union members and pro-reformers are left to mill about in the parking lot outside. Many of the protesters come in response to e-mail alerts sent from local and national anti-tax, anti-reform, and “tea party” organizations, along with Specter’s own mailings. The New York Times reports that many protesters repeat slogans and questions recently aired on conservative talk radio shows, though when asked about their propensity to parrot material from such sources, the reporters receive indignant protestations of the protesters’ independence. Many shout that they are not mob members or puppets, though the chants seem orchestrated, and some of the protesters were bused in by the lobbying organization Americans for Prosperity (AFP—see May 29, 2009). Many of the protesters, according to the Times, are there to protest about issues other than health care. One protester says health care reform is just one aspect of the Obama administration’s plans for “the dismantling of this country,” a line which draws loud applause. “We don’t want this country to turn into Russia.” One local “tea party” organizer, John Stahl, says the issues debated at the forum go well beyond health care. “We believe there are several issues out there that leave the existence of the Republic at risk,” he says, “not the least of which is this Obamacare.” Many want to talk about enforced euthanasia of elderly citizens (see November 23, 2008, January 27, 2009, February 9, 2009, February 11, 2009, February 18, 2009, May 13, 2009, June 24, 2009, June 25, 2009, July 10, 2009, July 16, 2009, July 17, 2009, July 21, 2009, July 23, 2009, July 23, 2009, July 23, 2009, July 23-24, 2009, July 24, 2009, July 28, 2009, July 28, 2009, July 28, 2009, July 31, 2009 - August 12, 2009, August 6, 2009, August 7, 2009, August 10, 2009, August 10, 2009, Shortly Before August 10, 2009, August 11, 2009, and August 11, 2009), immigration policy, and other concerns. In an attempt to impose some order on the forum, Specter imposes a rigid format, allowing only the first 30 people who wish to speak to submit cards with their questions. He also stands face-to-face with questioners, and allows them to speak fully before giving answers. The auditorium is patrolled by three uniformed Capitol Police officers from Washington as well as local law enforcement. One protester, Craig Miller, becomes involved with the police when he stands close to Specter and bellows, “You are trampling our Constitution!” The officers move in to restrain him but Specter asks them to give Miller his space and allow him to leave the venue under his own power. Miller refuses to leave, and instead shouts, “One day, God is going to stand before you, and he’s going to judge you!” Specter then informs the rowdy, cheering protesters that anyone who disrupts the proceedings will be removed. [New York Times, 8/11/2009]

Entity Tags: Arlen Specter, Americans for Prosperity, New York Times, Obama administration, John Stahl, Craig Miller

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

Xe logo. Xe is the name for the firm that previously called itself Blackwater USA and later Blackwater Worldwide.Xe logo. Xe is the name for the firm that previously called itself Blackwater USA and later Blackwater Worldwide. [Source: Public domain]Both the New York Times and Washington Post report that in 2004, the CIA hired outside contractors from Blackwater USA, a private security firm, to take part in a secret program to find and kill top al-Qaeda operatives in Afghanistan, Pakistan, and elsewhere (see 2004). Both stories highlight the fact that a program to assassinate or capture al-Qaeda leaders that began around September 2001 (see Shortly After September 17, 2001) was terminated and then revived and outsourced to Blackwater in 2004 (see 2004 and (2005-2006)). CIA Director Leon Panetta alerted Congress to the secret program in June 2009 (see June 24, 2009), but the public is just now learning of its existence. Government officials say that bringing contractors into a program that has the authority to kill raises serious concerns about accountability in covert operations. Blackwater’s role in the program ended years before Panetta took over the agency, but senior CIA officials have long questioned the propriety and the wisdom of using outside contractors—in essence, mercenaries—in a targeted killing program. [New York Times, 8/20/2009; New York Times, 8/20/2009; Washington Post, 8/20/2009] A retired intelligence officer described as “intimately familiar with the assassination program” says, “Outsourcing gave the agency more protection in case something went wrong.” [Nation, 8/20/2009] The assassination program is just one of a number of contracted services Blackwater provided for the CIA, and may still provide, including guarding CIA prisons and loading missiles on Predator drones. The agency “has always used contractors,” says a former CIA official familiar with the Predator operations. “You have to be an explosives expert,” and the CIA has never sought to use its own personnel for the highly specialized task. “We didn’t care who put on the munitions as long as it wasn’t CIA case officers.” [Los Angeles Times, 8/21/2009]
No Laws Broken? - Former CIA general counsel Jeffrey Smith says that Blackwater may not have broken any laws even by attempting to assassinate foreign nationals on the CIA’s orders. “The use of force has been traditionally thought of as inherently governmental,” he says. “The use of a contractor actually employing lethal force is clearly troublesome, but I’m not sure it’s necessarily illegal.” [Los Angeles Times, 8/21/2009]
Mixed Reactions from Congress - Some Congressional Democrats say that the secret assassination program is just one of many secret programs conducted by the Bush administration, and have called for more intensive investigations into Bush-era counterterrorism activities. Dianne Feinstein (D-CA) says: “I have believed for a long time that the intelligence community is over-reliant on contractors to carry out its work. This is especially a problem when contractors are used to carry out activities that are inherently governmental.” Conversely, some Congressional Republicans are critical of Panetta’s decision to terminate the program, with Representative Peter Hoekstra (R-MI), the top Republican on the House Intelligence Committee, accusing Panetta of indulging in too much “drama and intrigue than was warranted.” Officials say that the program was conceived as an alternative to the CIA’s primary assassination method of missile strikes using drone aircraft, which have killed many innocent civilians and cannot be used in heavily populated urban areas. [New York Times, 8/20/2009; Los Angeles Times, 8/21/2009] Jan Schakowsky (D-IL), a member of the House Intelligence Committee, says that she cannot confirm or deny that Congress was informed of Blackwater’s involvement in the program before the New York Times broke the story. However, she notes: “What we know now, if this is true, is that Blackwater was part of the highest level, the innermost circle strategizing and exercising strategy within the Bush administration. [Blackwater CEO] Erik Prince operated at the highest and most secret level of the government. Clearly Prince was more trusted than the US Congress because Vice President Cheney made the decision not to brief Congress. This shows that there was absolutely no space whatsoever between the Bush administration and Blackwater.” Schakowsky says the House Intelligence Committee is investigating the CIA assassination program and will probe alleged links to Blackwater. Former CIA analyst Ray McGovern says: “The presidential memos (often referred to as ‘findings’) authorizing covert action like the lethal activities of the CIA and Blackwater have not yet surfaced. They will, in due course, if knowledgeable sources continue to put the Constitution and courage above secrecy oaths.” [Nation, 8/20/2009]
Blackwater Employs Many Former CIA Officials - Author and reporter Jeremy Scahill notes that many former Bush-era CIA officials now work at Blackwater, including former CIA executive director Alvin “Buzzy” Krongard; former CIA counterterrorism chief J. Cofer Black, who now operates Prince’s private intelligence company, Total Intelligence Solutions (TIS); the CEO of TIS, Robert Richer, the former associate deputy director of the CIA’s Directorate of Operations and second-ranking official in charge of clandestine operations; and Enrique “Ric” Prado, a former senior executive officer in the Directorate of Operations. [Nation, 8/20/2009]
Loss of Control, Deniability - Former CIA field agent Jack Rice, who worked on covert paramilitary operations for the agency, says, “What the agency was doing with Blackwater scares the hell out of me.” He explains: “When the agency actually cedes all oversight and power to a private organization, an organization like Blackwater, most importantly they lose control and don’t understand what’s going on. That makes it even worse is that you then can turn around and have deniability. They can say, ‘It wasn’t us, we weren’t the ones making the decisions.’ That’s the best of both worlds. It’s analogous to what we hear about torture that was being done in the name of Americans, when we simply handed somebody over to the Syrians or the Egyptians or others and then we turn around and say, ‘We’re not torturing people.’” [Nation, 8/20/2009]
Negative Publicity Led to Name Change, Prohibition from Operating in Iraq - Blackwater has since changed its name to Xe Services, in part because of a raft of negative publicity it has garnered surrounding allegations of its employees murdering Iraqi civilians; Iraq has denied the firm a license to operate within its borders. [New York Times, 8/20/2009] However, Blackwater continues to operate in both Iraq and Afghanistan, where it has contracts with the State Department and Defense Department. The CIA refuses to acknowledge whether it still contracts with Blackwater. [Nation, 8/20/2009]

Entity Tags: Obama administration, Total Intelligence Solutions, New York Times, Paul Gimigliano, Peter Hoekstra, Robert Richer, Richard (“Dick”) Cheney, US Department of State, US Department of Defense, Leon Panetta, Ray McGovern, Jeremy Scahill, Senate Intelligence Committee, Jan Schakowsky, Central Intelligence Agency, Bush administration (43), Blackwater USA, A.B. (“Buzzy”) Krongard, Cofer Black, Enrique (“Ric”) Prado, Dianne Feinstein, Jack Rice, Erik Prince, Jeffrey H. Smith, House Intelligence Committee

Timeline Tags: Complete 911 Timeline

Former Vice President Dick Cheney releases a statement that asserts the just-released CIA inspector general’s report (see August 24, 2009) proves that torture, which he refers to as “enhanced interrogation techniques,” works, and follows up with an attack on the Obama administration’s commitment to protecting the nation. Cheney writes: “The documents released Monday clearly demonstrate that the individuals subjected to enhanced interrogation techniques provided the bulk of intelligence we gained about al-Qaeda. This intelligence saved lives and prevented terrorist attacks. These detainees also, according to the documents, played a role in nearly every capture of al-Qaeda members and associates since 2002. The activities of the CIA in carrying out the policies of the Bush administration were directly responsible for defeating all efforts by al-Qaeda to launch further mass casualty attacks against the United States. The people involved deserve our gratitude. They do not deserve to be the targets of political investigations or prosecutions. President Obama’s decision to allow the Justice Department to investigate and possibly prosecute CIA personnel (see First Half of August 2009), and his decision to remove authority for interrogation from the CIA to the White House (see August 24, 2009), serves as a reminder, if any were needed, of why so many Americans have doubts about this administration’s ability to be responsible for our nation’s security.” [Weekly Standard, 8/24/2009; Washington Independent, 8/24/2009] Cheney’s statement is contemporaneous with a similar statement from the Republican National Committee (see August 24, 2009).
Disputing Cheney's Assessment - A Democratic official disputes the assertions, saying that the report provides no basis to conclude that torture was effective in eliciting actionable intelligence, and cites caveats in the body of the report. [Politico, 8/25/2009] And the New York Times notes that the memos “do not refer to any specific interrogation methods and do not assess their effectiveness.” [New York Times, 8/24/2009]
'Silly Semantic Game' - Reporter and columnist Spencer Ackerman notes that the memos seem to suggest that the most useful intelligence came from traditional intelligence techniques. He writes, “Cheney’s public account of these documents have conflated the difference between information acquired from detainees, which the documents present, and information acquired from detainees through the enhanced interrogation program, which they don’t.” Human rights organizations take a similar line. Gitanjali Gutierrez of the Center for Constitutional Rights says the documents “don’t make the case for torture, they only show that the CIA is able to tailor documents to justify its actions after the fact.” Tom Parker of Amnesty International notes that the memos “are hardly the slam dunk we had been led to expect. There is little or no supporting evidence in either memo to give substance to the specific claims about impending attacks made by Khalid Shaikh Mohammed in highly coercive circumstances.” [Washington Independent, 8/24/2009; TPM Muckraker, 8/25/2009] Reporter Zachary Roth calls Cheney’s claim a “silly semantic game.” While it is true that the US gained actionable intelligence from detainees who were tortured, Roth observes, “it’s totally different from Cheney’s earlier claim—that the documents would show it was the EITs themselves that elicited the information.” [TPM Muckraker, 8/25/2009]

Entity Tags: Barack Obama, Bush administration (43), Obama administration, Central Intelligence Agency, New York Times, Gitanjali Gutierrez, Al-Qaeda, Khalid Shaikh Mohammed, Zachary Roth, Republican National Committee, Richard (“Dick”) Cheney, Tom Parker, Spencer Ackerman

Timeline Tags: Torture of US Captives

The CIA, apparently in response to the Justice Department’s release of a 2004 CIA report that documents numerous instances of torture and abuse of detainees in US custody (see August 24, 2009), releases two previously classified agency reports from 2004 and 2005 that purport to prove that the agency’s “enhanced interrogation” program provided information necessary for stopping terrorist attacks. One report calls the program “a crucial pillar of US counterterrorism efforts,” and describes how interrogations helped unravel a network headed by an Indonesian terrorist known as Hambali (see August 12, 2003). The other report details information elicited from alleged 9/11 mastermind Khalid Shaikh Mohammed, saying it “dramatically expanded our universe of knowledge on al-Qaeda’s plots.” [New York Times, 8/24/2009] The two memos state that some detainees, particularly Khalid Shaikh Mohammed, provided useful information during debriefing sessions. One memo, titled “Detainee Reporting Pivotal for the War against Al-Qa’ida,” says that intelligence gathered from multiple detainees, combined with other information, led to the capture of several key al-Qaeda operatives, and aided in the capture of Tawfiq bin Attash (see April 29 - Mid-May, 2003), who “was captured on the verge of mounting attacks against the US consulate in Karachi, Westerners at the Karachi Airport, and Western housing areas” in Pakistan. Another report says that Mohammed “has provided information on al-Qaeda strategic doctrine, probable targets, the impact of striking each target set, and likely methods of attacks inside the United States.” They do not, however, say that Mohammed or other detainees provided useful information as a direct result of being tortured. [Washington Independent, 8/24/2009; Washington Post, 8/24/2009; TPM Muckraker, 8/25/2009]
Cheney Claims Memos Prove Efficacy of Torture - The memos have been touted by former Vice President Dick Cheney as proving the efficacy of “enhanced interrogation techniques”—torture—in gaining actionable intelligence from detainees. Cheney has repeatedly asked for the memos to be declassified so as to prove his contention. In the wake of the memos’ release, Cheney claims that the memos do indeed prove that torture worked. “The documents released Monday,” Cheney says in a statement, “clearly demonstrate that the individuals subjected to enhanced interrogation techniques provided the bulk of intelligence we gained about al-Qaeda” (see August 24, 2009). [Weekly Standard, 8/24/2009] However, the New York Times notes that the memos “do not refer to any specific interrogation methods and do not assess their effectiveness.” [New York Times, 8/24/2009]
CIA Director: Memos 'Old News' - CIA Director Leon Panetta sends a message to agency employees concerning the release of the two memos, calling their contents “in many ways an old story,” and says that “the challenge is not the battles of yesterday, but those of today and tomorrow. My emphasis on the future comes with a clear recognition that our agency takes seriously proper accountability for the past.… As the intelligence service of a democracy, that’s an important part of who we are.” [Washington Post, 8/24/2009]

Entity Tags: Khalid Shaikh Mohammed, Central Intelligence Agency, Richard (“Dick”) Cheney, Leon Panetta, Khallad bin Attash, Al-Qaeda, New York Times, US Department of Justice

Timeline Tags: Torture of US Captives

The mainstream media shows little interest in reporting that the just-released CIA report on torture (see August 24, 2009) does not prove that torture works as a method of eliciting actionable intelligence from detainees, according to Washington Post columnist and blogger Greg Sargent, writing on the Post’s political blog “The Plum Line.” Sargent notes that when former Vice President Dick Cheney was asserting that the then-classified memos did indeed show that torture worked, “[t]he mainstream media trumpeted Cheney’s lies about what the documents show. But now that they’ve been made public and they contradict his claims, most reporters seem to have lost interest.” He also notes the coverage given to Cheney’s claim that the report proves torture was effective (see August 24, 2009). Sargent backs up his claim with analysis of the media coverage provided by the New York Times, the Washington Post, the Associated Press, and CNN; the Times was the only source to directly address Cheney’s claims, but, as Sargent observes, “this came in the 13th paragraph in an article not directly focused on Cheney’s claims.” He goes on to note that only ABC News and the Washington Independent devoted stand-alone stories to Cheney’s claims not being proven. [TPM Muckraker, 8/25/2009; Plum Line, 8/25/2009] CNN reported, “Cheney says documents show interrogations prevented attacks… and yielded crucial information about al-Qaeda.” Sargent notes that Cheney didn’t say that at all, but rather he said “that the same individuals who were tortured also happened to yield the most important evidence about al-Qaeda. He’s not saying that the docs proved torture was responsible for producing that info” (emphasis in the original). Sargent credits Cheney with “masterful obfuscation,” and says that CNN was “being played for chumps.” [Plum Line, 8/25/2009; CNN, 8/25/2009] Sargent observes: “To be fair, there was tons of news yesterday. Maybe the news orgs will get around to doing big takeouts on this. But come on, Cheney and his daughter Liz were granted tons of print space and air time to claim for weeks that these docs would prove torture worked. Seems fair to expect aggressive, stand-alone stories about what they do—and don’t—prove in the real world.” And reporter Zachary Roth concludes, “[N]o doubt, when Cheney or his daughter want to go public with their next set of self-justifying crap, they’ll be welcomed as authorities, as if none of this ever happened.” [Plum Line, 8/25/2009; TPM Muckraker, 8/25/2009]

Entity Tags: Greg Sargent, Associated Press, ABC News, CNN, Elizabeth (“Liz”) Cheney, Zachary Roth, Washington Post, Central Intelligence Agency, New York Times, Washington Independent, Richard (“Dick”) Cheney

Timeline Tags: Domestic Propaganda

Van Jones.Van Jones. [Source: Politico]White House official Van Jones, the Obama administration’s special advisor for environmental jobs, resigns after a barrage of criticism from conservative critics and Republican officials. Jones is an author, community organizer, and “green jobs” expert from the San Francisco area; before his resignation, he was in charge of a small White House program advocating for jobs in energy-efficient industries. Indications are that Jones was asked by White House officials to resign, in part because administration officials wanted to “move beyond” the criticism of him as Obama prepares to address Congress on the subject of health care reform (see September 9, 2009). In 2004, Jones signed a petition asking for an investigation into whether the Bush administration had allowed the 9/11 terrorist attacks in order to provide a pretext for war in the Middle East, though he has always said he does not support the so-called “truther” movement that features allegations of Bush officials’ involvement in the 9/11 attacks. Shortly before joining the administration, Jones used the term “_ssholes” to characterize Republicans. He is a public supporter of Mumia Abu-Jamal, convicted of murdering a Philadelphia police officer. Conservatives have termed him a “radical Communist” for his affiliation with some left-wing protest movements. The New York Times calls the controversy around Jones a “significant distraction” to Obama’s health care agenda. Critics have attacked Jones specifically as well as administration officials such as him, sometimes called “czars,” who are appointed to positions of some influence in the White House without having to be approved by Congress. White House officials say that they were unaware of Jones’s more controversial statements and positions because his position was not considered senior enough to warrant complete vetting. Press secretary Robert Gibbs says that Obama does not endorse Jones’s views and did not hesitate to accept his resignation: “Well, what Van Jones decided was that the agenda of this president was bigger than any one individual. The president thanks Van Jones for his service in the first eight months, helping to coordinate renewable energy jobs and lay the foundation for our future economic growth.” [New York Times, 9/6/2009; Politico, 9/7/2009] The online news site Politico writes: “Jones’ departure from the position is the first real scalp claimed by the Republican right, which stoked much of the criticism of Jones.… Jones’ controversial statements fit snugly into the narrative woven by some conservative critics of Obama as a dangerous leftist, a critique that goes back to the campaign and was based as much on his past work as a community organizer and associations with the likes of the Rev. Jeremiah Wright and William Ayers as on his policies. Jones’ roots in radical politics, and a spate of newly surfaced links Saturday documenting his advocacy for convicted cop killer and former Black Panther Mumia Abu Jamal—a death row prisoner who many in the activist left view as an unjustly convicted political prisoner—threatened to play into that narrative.” [Politico, 9/7/2009] One of Jones’s loudest critics was Fox News’s Glenn Beck, who has repeatedly targeted Jones on his show since July 2009. Beck regularly calls Jones a “Communist-anarchist radical.” Some speculate that Beck began attacking Jones because an organization co-founded by Jones, Color of Change, began a movement to force Beck’s resignation after Beck called Obama a “racist” (see July 28-29, 2009). The influential conservative news blog World Net Daily (WND) has attacked Jones since at least April 2009, calling him “an admitted radical communist and black nationalist leader” who “sees [the] environment as [a] racial issue.” Beck has used much of WND’s rhetoric in his attacks on Jones. [WorldNetDaily, 4/12/2009; Washington Independent, 9/4/2009; New York Times, 9/6/2009] In recent days, Representative Mike Pence (R-IN) called on Jones to resign, and Senator Christopher “Kit” Bond (R-MO) called for an investigation into Jones’s appointment, labeling Jones as “erratic and unstable” in a letter to Senator Bernie Sanders (I-VT), the chairman of the Green Jobs and New Economy Subcommittee. Former Democratic National Committee chairman Howard Dean defends Jones, saying he was being penalized for not realizing what the petition he signed in 2004 was: “This guy’s a Yale-educated lawyer. He’s a best-selling author about his specialty. I think he was brought down, and I think it’s too bad. Washington’s a tough place that way, and I think it’s a loss for the country.” In his resignation letter, Jones writes: “On the eve of historic fights for health care and clean energy, opponents of reform have mounted a vicious smear campaign against me. They are using lies and distortions to distract and divide.” However, he writes, though many have advised him to stay and fight for his position: “I cannot in good conscience ask my colleagues to expend precious time and energy defending or explaining my past. We need all hands on deck, fighting for our future.” [New York Times, 9/6/2009; Politico, 9/7/2009]

Entity Tags: Barack Obama, Glenn Beck, Bush administration (43), Howard Dean, New York Times, Mike Pence, WorldNetDaily, Obama administration, Mumia Abu-Jamal, Politico, Van Jones, Robert Gibbs, Christopher (“Kit”) Bond

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

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 press reports that the US Chamber of Commerce and other lobbying organizations are the biggest winners in 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. The Chamber of Commerce spends more on promoting Republican and conservative candidates than almost any other organization outside of the Republican Party itself. Other trade organizations, which tend to support Republicans, will almost certainly up their spending on behalf of their candidates, or in opposition to Democrats, according to experts interviewed by reporters, as will most corporations.
Unrestrained Spending to Favor Republicans - Democratic lawyer Marc Elias says: “It is a sweeping decision. In one opinion, the Court struck down all bans on corporate independent spending.” GOP lawyer Robert Kelner says that the ruling “will reflect a huge sea-change in campaign finance law. The Court went all the way. It really relieves any restrictions on corporate spending on independent advertising.” Another GOP lawyer, Ben Ginsberg, says: “It’s going to be the Wild Wild West. If corporations and unions can give unlimited amounts… it means that the public debate is significantly changed with a lot more voices, and it means that the loudest voices are going to be corporations and unions.” Former Federal Elections Commission member Brad Smith says, “This case will lead to more spending, I think, in political elections.” Lawrence M. Noble, the former general counsel for the FEC, says a lobbyist can tell a candidate, “We have got a million we can spend advertising for you or against you—whichever one you want.” Political science professor Robert Watson, who has consulted with Democratic campaigns, says: “It’s a game changer. And the last thing we need is for major corporations and nonprofits to have unlimited access to buy their members of Congress.” The New York Times writes: “It is expected to unleash a torrent of attack advertisements from outside groups aiming to sway voters, without any candidate having to take the criticism for dirty campaigning. The biggest beneficiaries might be well-placed incumbents whose favor companies and interests groups are eager to court. It could also have a big impact on state and local governments, where a few million dollars can have more influence on elections.” The National Journal states: “Over the long run, the ruling is likely to favor GOPers more than it does Dems. While it does apply to unions and corporations equally, Elias said the presumption is that corporations have more money to spend.” Major corporations will not openly run their own advertising, Kelner says, but they will funnel millions into trade associations such as the Chamber of Commerce. “If people think that individual companies are going to go out and buy ads, there may be some of that, but for the most part companies are going to flow this money through trade groups and other outside groups,” Kelner says. “This will open the floodgates for money flowing through groups like the US Chamber of Commerce and other associations [that] spend money on political advertising.… There was always a cloud of doubt around outside groups and trade associations, and this lifts those clouds of doubt and leaves behind clear skies.” Former Democratic National Committee (DNC) general counsel Joe Sandler says the ruling may open the door for more attacks on incumbents by corporate and other entities eager to spend money to ease them out. “You will see more sharp-edged, candidate-specific ads on the air closer to the election,” Sandler says. “That could make it more difficult for incumbents to take tough votes in an election year.” [Palm Beach Post, 1/21/2010; National Journal, 1/21/2010; New York Times, 1/21/2010] Think Progress, the liberal news Web site affiliated with the Center for American Progress, writes, “The ruling is a giant win for the US Chamber of Commerce and the big corporations, which tend to donate heavily to Republicans.” [Think Progress, 1/22/2010]
Citizens the Real Losers? - Paul Ryan of the Campaign Legal Center calls the ruling a complete loss for citizens, saying: “[T]he Supreme Court majority declared that corporate speech trumps the rights of American voters to government free of corporate corruption. The Court has nominally upheld campaign finance disclosure requirements applicable to corporations, but I think time will prove that those disclosure requirements are largely ineffective when dealing with contributions.” Brad Ashwell of the Florida Public Interest Research Group calls the ruling a “shocking burst of judicial activism.” Senator Russ Feingold (D-WI) calls the ruling “a terrible mistake,” and says the Court “chose to roll back laws that have limited the role of corporate money in federal elections since Teddy Roosevelt was president. Ignoring important principles of judicial restraint and respect for precedent, the Court has given corporate money a breathtaking new role in federal campaigns.” Feingold and other Congressional Democrats want to pass legislation that would curb the decision as soon as feasible. [Palm Beach Post, 1/21/2010; National Journal, 1/21/2010; New York Times, 1/21/2010]
Republicans Celebrate Victory for Free Speech, Say Decision Will 'Level Out' Spending - But Marco Rubio (R-FL), running for Florida’s open Senate seat, says, “Today’s Supreme Court ruling is a victory for those who truly value the freedoms outlined in our First Amendment.” And Republican consultant Ed Brookover, who represents Republican House candidate Allen West (R-FL), says he believes spending from liberal groups such as MoveOn.org will equal spending by corporations, and “level out” spending for the two parties. [Palm Beach Post, 1/21/2010; National Journal, 1/21/2010]
President Critical of Decision - President Obama speaks out against the decision (see January 21, 2010).

Entity Tags: Joseph Sandler, Bradley A. (“Brad”) Smith, US Supreme Court, Ed Brookover, Brad Ashwell, Ben Ginsberg, Barack Obama, Think Progress (.org), Russell D. Feingold, US Chamber of Commerce, Robert Kelner, Robert Watson, New York Times, Marc Elias, Lawrence M. Noble, Republican Party, Marco Rubio, National Journal, Paul S. Ryan

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

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

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

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

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

A New York Times/CBS News poll shows that the 18 percent of Americans identifying themselves as tea party supporters are wealthier and more well-educated than the general public. They tend to be Republican, white, male, married, and older than 45. They tend to be more conservative than “mainstream” Republicans, and describe themselves as “very conservative” and President Obama as “very liberal.” Most Republicans term themselves as “dissatisfied” with Washington, but tea party supporters tend to classify themselves as “angry.” Most tea partiers tend to describe their individual or household tax burden as “fair,” though they tend to dislike taxation in general. Most send their children to public schools. Most support Medicare and Social Security, though they support the idea of smaller government. Where they tend to diverge from the general public is in their deep pessimism about the direction of the country, and their conviction that the Obama administration is bent on helping the poor at the expense of the middle class and the wealthy. The vast majority of tea party supporters say Obama does not share American values and knows little about the problems of people like themselves. A quarter of the responding supporters say that Obama favors blacks over whites, as opposed to 11 percent of the general public, and they are more likely than the general public to believe that “too much has been made of the problems facing black people.” Three things primarily fuel their anger at Washington: health care reform, government spending, and their feeling that Washington lawmakers ignore their concerns. Retired Florida lawyer Elwin Thrasher says in an interview: “The only way they will stop the spending is to have a revolt on their hands. I’m sick and tired of them wasting money and doing what our founders never intended to be done with the federal government.” Over 90 percent of tea party supporters believe the country is heading down the wrong path, as contrasted with some 60 percent of the general population, and almost 90 percent say Obama is doing a poor job heading the country. That same percentage say he has mishandled health care, the economy, and the federal deficit. Ninety-two percent say Obama wants to make the US a socialist state. Retired medical transcriber Kathy Mayhugh says: “I just feel he’s getting away from what America is. He’s a socialist. And to tell you the truth, I think he’s a Muslim and trying to head us in that direction, I don’t care what he says” (see October 1, 2007, December 19, 2007, January 11, 2008, January 22-24, 2008, April 18, 2008, June 27, 2008, October 10-11, 2008, September 24, 2010, and April 27, 2011). While most Americans blame the Bush administration or Wall Street for the current economic status, a majority of tea party supporters blame Congress, focusing much of that blame on Congressional Democrats. They vote almost unanimously Republican. Fifty-seven percent of tea party supporters say they hold a favorable opinion of former President George W. Bush, while almost the same percentage of the general public see Bush unfavorably. Most tea party supporters say they want to focus on economic issues ahead of social issues such as gay rights and abortion restrictions, and say the movement should focus first on shrinking the federal government, ahead of reducing the deficit or lowering taxes. Almost 75 percent of tea party supporters say domestic program spending should be reduced, though most do not want Medicare or Social Security cut. California tea party supporter Jodine White, 62, says of her view on federal spending: “That’s a conundrum, isn’t it? I don’t know what to say. Maybe I don’t want smaller government. I guess I want smaller government and my Social Security.… I didn’t look at it from the perspective of losing things I need. I think I’ve changed my mind.” [New York Times, 4/14/2010]

Entity Tags: New York Times, Barack Obama, Bush administration (43), CBS News, Elwin Thrasher, George W. Bush, Obama administration, Jodine White, Kathy Mayhugh

Timeline Tags: Domestic Propaganda

Author Amity Shlaes is one of 13 people interviewed by the New York Times about their perceptions of the tea party movement.Author Amity Shlaes is one of 13 people interviewed by the New York Times about their perceptions of the tea party movement. [Source: National Review]The New York Times, in light of a recent poll showing American tea party supporters to be whiter, wealthier, and more conservative than average Americans (see April 14, 2010), interviews a number of prominent historians, journalists, and political analysts about their views on the tea party.
Tea Party Very Similar to Anti-Liberal Organizations of Generations Past - Rick Perlstein, the biographer of former president Richard Nixon and former Senator Barry Goldwater (R-AZ), writes of his “frustration” at “watching the rise of the tea party movement,” calling it “ugly” and in opposition to “so many of the values I hold dear.” He notes the “overwhelming historical myopia” of the news media’s coverage of the tea party, saying that the current movement is comprised of “the same angry, ill-informed, overwhelmingly white, crypto-corporate paranoiacs that accompany every ascendancy of liberalism within US government” (see February 4-8, 2010, February 15, 2010, September 2010, and August 17, 2011). Perlstein quotes conservative activist Brent Bozell asking, “When was the last time you saw such a spontaneous eruption of conservative grass-roots anger, coast to coast?” and responds: “The answer, of course, is: in 1993. And 1977. And 1961. And so on. And so yet much of the commentariat takes Bozell at his word, reading what is happening as striking and new.” Perlstein writes that the parallels between the current tea party movement and the previous movements opposing the Roosevelt, Kennedy, Carter, and Clinton administrations “are uncanny.… The only thing that changes is the name of the enemy within.” In 1963, accusations flew that President Kennedy was “in bed” with Cuban dictator Fidel Castro to bring socialism to America; today, the accusations are that the “Muslim terrorist” President Obama wants to bring socialism to America, perhaps with the aid of Islamist terror groups. Perlstein says that in years past, the media was far more unflinching at labeling the reactionaries as “fringe” elements. “[B]ack then, they covered the story with much more moral courage and civic wisdom.” Now, Perlstein writes, the media fawns over tea party leaders and the right-wing commentators who promote them (see August 11, 2009).
'Sullen, Defensive Mobilization' of Wealthier Americans who Fear the Poor - Author Michael Lind, the policy director of the centrist New America Foundation, advises Republicans and Democrats both to “ignore this faux populist base of the GOP and focus instead on the genuine swing voters.” Tea partiers, Lind writes, are not “[p]itchfork-wielding populists,” but are closer to “the affluent members of the Liberty League who vilified President Roosevelt in the 1930s (see August 23, 1934 and After)—a sullen, defensive mobilization of the Have-Somes who dread the Have-Nots. The tea partiers put the ‘petty’ in petty bourgeoisie. They are disgruntled conservative Fox Republicans.”
Tea Parties Focusing on Constitutional Issues - Author Steven F. Hayward, a resident scholar at the conservative American Enterprise Institute, lauds the tea parties as primarily focused on economic and constitutional issues (see May 2010), and more supportive of gay rights, abortion rights, and limited gun restrictions than the media may admit. Hayward writes that he is surprised that most tea partiers are “more economically secure than the general population” and better-educated than the average American: “[T]he narrative that the tea partiers are a bunch of pitchfork populist rubes becomes harder to maintain.” Racism does not permeate the tea parties, Hayward argues (see February 27, 2009, April 2009, July 2009, August 4, 2009, August 4, 2009, August 11, 2009, September 2009, September 14, 2009, October 15, 2009 and After, January 14, 2010, February 2010, March 20, 2010, March 25, 2010, March 26, 2010, May 14, 2010, July 13, 2010, July 14, 2010, July 15, 2010, July 17-18, 2010, August 6, 2010, August 24, 2010, August 24, 2010, September 11, 2010, September 12, 2010, October 10, 2010, October 19, 2010, April 15, 2011, April 16, 2011, May 5, 2011, July 29, 2011 and After, August 22-30, 2011, and December 10, 2011), “though there is some evidence of polarization that is a problem for the tea party as a movement.” Hayward opines that such racism that can be documented in tea party members “is likely an aspect of party politics today.” He also states that tea party supporters do not believe the “birther” conspiracy theory that Obama is not an American citizen any more than the average American, a statement at odds with many other analyses of tea party ideologies (see October 2008, January 8, 2009, June 4, 2009, February 4-8, 2010, February 15, 2010, September 2010, April 13-15, 2011, and July 1-2, 2011), even though the poll shows that only 41 percent of the tea party supporters believe that Obama is a “natural-born citizen.” The driving factor behind so many Americans with no previous history of political involvement is, he writes, the fact that most tea party members “are moderates who are simply shocked by Obama’s great leap forward in the size of government,” and he compares the tea parties to the third-party backers of presidential candidate H. Ross Perot in 1992. He concludes, “The real promise of the tea party movement is that it may lead to a reinvigoration of the idea of constitutional limits on government—an idea liberals may find quaint if not hopelessly obsolete.”
Long-Discredited 'Radical Right' Views Propelling Tea Parties - Author and university professor Alan Wolfe, a self-described liberal, derides the tea parties as little more than a repackaged version of the “radical right” which has long been a part of America’s body politic. The tea party movement, Wolfe writes, has given “American intellectuals whose views have been out of fashion for some time” a new platform with which to express their ideas. The same ideas that drove the McCarthyite “Red scare” of the 1950s are driving the tea parties today, Wolfe writes, and points to the increasing involvement of organizations such as the John Birch Society (JBS—see March 10, 1961) in the tea party movement (see July 22, 2007, August 4, 2008, October 10, 2008, April 13, 2009, April 19, 2010, and August 24, 2010). Like the people who support the JBS both now and in the 1950s, tea partiers are driven “not so much to their economic circumstances as to their status anxieties.” They fear the changing, increasingly diverse and cosmopolitan society around them, and dislike, or sometimes even hate, the seeming “encroachment” of minorities and lower-class Americans on their lives. Wolfe says that the idea that tea party members do not embrace racist values any more than other Americans is specious; their poll responses can be explained, he writes, by noting that “people who respond to them have learned to hide their true feelings.” He concludes: “At the risk of sounding condescending, these people have lost all perspective. They know how to kvetch. They know nothing about what makes their country great. Instead of watching Glenn Beck, I would urge them to learn more about their country’s history—or to go and see a shrink.”
Using Coded Appeals to Race - Law professor Paul Butler writes that while most tea partiers are “more uber-Republicans than Klansmen,” the organizations are very good at using racist “code words” to appeal to racist whites while maintaining plausible deniability about their inherent appeal to racist politics. “The tea party is smart enough not to frame its agenda around white supremacy, but the code words are there,” he writes “[T]he most virulent anti-Obama force in the country is smart enough not to frame its agenda around white supremacy—at least not explicitly.” While most tea partiers were clever enough not to indicate that they were bluntly racist in the poll results, the fact that a strong majority of them “believe that too much has been made of the problems that African-Americans face, and that the administration favors blacks over whites,” is quite telling, Butler writes. “Overwhelmingly they believe that Barack Obama doesn’t share the needs and problems of people like them, or the values of ‘most Americans.’ These code words have been around long enough, everybody gets them.”
Poll Does Not Support Idea that Tea Partiers Embrace Bigotry - Author and columnist Amity Shlaes writes that the poll numbers do not support the “media stereotype” that tea party supporters “are racist or intolerant. The media depicts tea partiers as bigots who look down on minorities, but that doesn’t seem to be the case.” Similarly, she argues, the poll results do not support the idea that tea party supporters believe Obama is a Muslim any more than average Americans do. As the tea party organizers claim, the movement is largely about economics, Shales writes.
Fear of Loss of Control - History professor and author Alan Brinkley calls the tea party “the party of me,” and compares its members demographically to the Americans who supported the McCarthyite “Red scare” inquisitions and the Clinton-era Whitewater investigations—predominantly white males, significantly wealthier than the average American, far more conservative than the mainstream, and fearful of the prospect that conservative white males might not continue to exert control over American society. “[W]hat seems to motivate them the most is a fear of a reduction in their own status—economically and socially,” Brinkley writes. As for their economic worries, he writes, “[T]heir concern is not the state of the economy as a whole, but their own economic conditions.” Brinkley concludes: “The real issue, I believe, is a sense among white males that they are somehow being displaced, that the country is no longer ‘theirs,’ that minorities and immigrants are becoming more and more powerful within society. And, of course, they are right about that. They just fear it more than many other Americans.”
Unrealistic Belief that Government Can Exist without Taxation - Author and former political science professor Lorenzo Morris writes that the tea party’s position on taxes is extremist: “The tea party supporters seem to think that government can exist without taxes.” The American experiment with the Articles of Confederation, which provided no real tax income at all, proves that idea to be wrong, Morris writes, but “[w]ith enough time and historical romanticism, however, bad ideas come back around.” He writes that the current appearance of the tea parties has become less “vitriolic and menacing” than their image from the summer of 2009, when their vociferous and sometimes-violent protesting of health care reform painted them as frightening and bigoted (see July 23, 2009, July 24, 2009, July 27, 2009, July 27, 2009, July 28, 2009, August 1, 2009, August 1, 2009, August 2, 2009, August 2, 2009, August 3, 2009, August 3, 2009, August 3, 2009, August 3, 2009, August 3, 2009, August 4, 2009, August 4, 2009, August 4, 2009, August 4, 2009, August 5, 2009, August 5, 2009, August 5, 2009, August 5, 2009, August 5, 2009, August 6, 2009, August 6, 2009, August 6, 2009, August 6-7, 2009, August 6-8, 2009, August 7, 2009, August 8, 2009, August 8, 2009, August 8, 2009, August 8, 2009, August 10, 2009, August 10, 2009, and August 11, 2009). The tea parties have begun to win the approval of right-wing Republican figures, including many of those who intend a presidential run in 2012. But, he concludes, their rigid disapproval of taxes as a concept, and taxation as a reality, means that they will inevitably “repeat the folly of those early Americans who thought there could be government with no taxes.”
Anger without Willingness to Make Real Change - Law professor Susan Estrich notes that the poll indicates a large reservoir of approval for former Governor Sarah Palin (R-AK), the 2008 vice-presidential nominee for the Republican Party, but a strong doubt that she is competent to lead the nation. “Tea party types may be mad,” Estrich writes, “but they aren’t buying President Palin. And if they aren’t, who would?” Estrich goes on to note that tea party supporters, “like most of us… want to have it both ways: they want their Social Security and smaller government, want major cuts but not in Medicare, which is a little like having your cake and eating it, too. If you want to really reduce the size of government, that means cutting defense and entitlements. If you’re not willing to do that, what you get is big talk and no action, which is ultimately a recipe for anger.” She concludes by calling the racial element “lurking in the polls” “troubling.”
Motivated by Racial Concerns - Author and Democratic activist Bob Moser writes of his familiarity with tea parties in Texas, “where the movement has flared up hotter than just about anywhere else,” and his lack of surprise at the demographics: white, conservative, male, and relatively affluent. The concern about the nation’s economic tribulations, and the anger directed at Obama, is understandable, he writes. However, “[w]hat strikes me is how often America’s great and terrible obsession, race, slithers around the poll numbers.” The poll numbers may not directly bear out the racism and bigotry that exists in the ranks of the tea partiers, Moser writes, “[b]ut it’s impossible to shrug off the collective impressions left by the data. Why, exactly, do 73 percent of tea partiers say that the president does not understand ‘the needs and problems of people like yourself’?” The movement works hard to marginalize Americans who disagree with them, particularly Obama, as un-American, not a member of “we the people.” Moser notes that almost three-quarters of the tea party supporters “say that black and white people have an ‘equal’ chance of ‘getting ahead in today’s society.’ If that’s not colorblindness, it’s certainly some kind of blindness.” Moser concludes by writing that the tea party movement is achieving both goals set by “its corporate Republican conjurers,” both “becoming the political expression of a white-resistance movement being spurred by anxieties over the economy, the black ‘socialist’ president, and the coming end of majority-white America… [and] leaning, at least in 2010, strongly Republican in attitude.”
Healthy Expression of Populism - Political analyst David Gergen writes that the perception of the tea parties as angry, bitter, and divisive is untrue. He describes the latest rally he attended as “festive and friendly.” While many protest higher taxes and bigger government, Gergen writes, their claims that opposing Obama does not entail a racist viewpoint are true. “[M]any feel stung by what they see as misrepresentations in the press,” he writes. Gergen compares the 2010 tea partiers to the Ross Perot voters of 1992: “Those who supported Mr. Perot were mostly white, a little better educated than the general population and much more concerned about government deficits than government peeking into bedrooms. They were also more from the West and South but had pockets of support scattered around the country.” He notes that 18 percent of Americans identify themselves as tea party supporters; in 1992, 19 percent of voters cast their votes for Perot. He calls them a healthy expression of American populism and concludes: “Many of these tea partiers are fearful of how the country is changing. Some circles look down upon them; it would be far wiser to listen, understand and find ways to heal.”
Heralding GOP Success for 2010, Problems Farther On - Andrew Kohut, the president of the Pew Research Center and a political polls expert, says the poll numbers “augur well for the Republicans in November’s midterm elections: the politically energized supra conservatives—the 1 in 5 who are universally disaffected with national conditions, and with Barack Obama and with his policies—are likely to be a strong advantage in the midterms, where typically fewer than 4 of 10 eligible citizens vote.” The Republicans’ biggest challenge is to keep the tea party supporters’ votes while simultaneously attracting independents and moderates. And a move by the GOP to the right, to further embrace the tea partiers, “may not bode well for the party in the longer run, given the new primacy of independent voters, a power that was on full display in 2008.” Moreover, the tea parties may well co-opt the GOP, going from “the tail that wags the dog” to becoming “the dog itself.” Kohut writes: “Looking ahead, our polling suggests that the Republican party needs unifying themes and leadership. A tea party-led GOP may not be the prescription for that.”
Economic Concerns Drive Tea Party Success - Political consultant Douglas Schoen says the fact that almost 1 in 5 Americans support the tea party “extraordinary, given that the movement is not active in half of America and that its name recognition is not universal.” Schoen gives no credence to “what appear to be the class-based or race-based attitudes of the tea party movement,” and writes that the movement is instead propelled by economic concerns. Schoen says that statistics aside, he believes the tea party movement to be far more diverse than the polls indicate (see September 2010). Almost half its supporters identify themselves as non-Republicans, and a quarter of them claim to have voted for Obama in 2008, he says. [New York Times, 4/15/2010]

Entity Tags: Bob Moser, Barack Obama, Amity Shlaes, Alan Wolfe, Alan Brinkley, Susan Estrich, Andrew Kohut, Steven F. Hayward, Paul Butler, Michael Lind, Douglas Schoen, Lorenzo Morris, Brent Bozell, David Gergen, Rick Perlstein, New York Times

Timeline Tags: Domestic Propaganda

Dr. Laura Schlessinger.Dr. Laura Schlessinger. [Source: Wall Street Journal]Dr. Laura Schlessinger, a conservative radio host whose Dr. Laura show combines political commentary with medical and personal “life” advice, claims she will leave the airwaves after engaging in a lengthy on-air “rant” where she uses a racial slur multiple times. Schlessinger begins by welcoming an African-American woman, “Jade,” as a caller. Jade says she is resentful of her husband, who is white, using racial slurs and derogatory language with his family members, “who start making racist comments as if I’m not there or if I’m not black.” Schlessinger says that Jade may be “hypersensitive,” and after a brief exchange, says: “I think that’s—well, listen, without giving much thought, a lot of blacks voted for [President] Obama simply ‘cause he was half-black. Didn’t matter what he was gonna do in office, it was a black thing. You gotta know that. That’s not a surprise. Not everything that somebody says [is racist].” Jade asks, “How about the n-word?” Schlessinger responds: “Black guys use it all the time. Turn on HBO, listen to a black comic, and all you hear is ‘n_gger, n_gger, n_gger.‘… I don’t get it. If anybody without enough melanin says it, it’s a horrible thing; but when black people say it, it’s affectionate. It’s very confusing.” Schlessinger takes a commercial break after asking Jade to stay on the line, and upon her return, Jade says: “I was a little caught back by the n-word that you spewed out, I have to be honest with you. But my point is, race relations—” Schlessinger interjects, “Oh, then I guess you don’t watch HBO or listen to any black comedians.” Jade replies: “But that doesn’t make it right.… [R]acism has come to another level that’s unacceptable.” Schlessinger again overrides Jade’s comments, saying: “Yeah. We’ve got a black man as president and we have more complaining about racism than ever. I mean, I think that’s hilarious.” Jade says, “But I think, honestly, because there’s more white people afraid of a black man taking over the nation.” Schlessinger notes that those people are “afraid,” and after another exchange concerning Obama’s election, she accuses Jade of having a “[c]hip on your shoulder. I can’t do much about that.… Yeah. I think you have too much sensitivity… and not enough sense of humor.” It is all right to use racial slurs, Schlessinger says: “It’s—it depends how it’s said. Black guys talking to each other seem to think it’s okay.… So, a word is restricted to race. Got it. Can’t do much about that.” Jade, by this point clearly offended by the conversation, says, “I can’t believe someone like you is on the radio spewing out the ‘n_gger’ word, and I hope everybody heard it.” Schlessinger retorts, “I didn’t spew out the ‘n_gger’ word.” Jade responds, “You said, ‘N_gger, n_gger, n_gger.’” Schlessinger responds: “Right, I said that’s what you hear.… I’ll say it again… n_gger, n_gger, n_gger is what you hear on” black comedy broadcasts, and accuses Jade of trying to take her words “out of context. Don’t double N—NAACP me.… Leave them in context.” After concluding the call, Schlessinger tells her listeners: “Can’t have this argument. You know what? If you’re that hypersensitive about color and don’t have a sense of humor, don’t marry out of your race. If you’re going to marry out of your race, people are going to say: ‘Okay, what do blacks think? What do whites think? What do Jews think? What do Catholics think?’ Of course there isn’t a one-think per se. But in general there’s ‘think.’ And what I just heard from Jade is a lot of what I hear from black-think—and it’s really distressting [sic] and disturbing. And to put it in its context, she said the n-word, and I said, on HBO, listening to black comics, you hear ‘n_gger, n_gger, n_gger.’ I didn’t call anybody a n_gger. Nice try, Jade. Actually, sucky try.… Ah—hypersensitivity, okay, which is being bred by black activists. I really thought that once we had a black president, the attempt to demonize whites hating blacks would stop, but it seems to have grown, and I don’t get it. Yes, I do. It’s all about power. I do get it. It’s all about power and that’s sad because what should be in power is not power or righteousness to do good—that should be the greatest power.” [Media Matters, 8/12/2010; RTT News, 8/18/2010] The audio of the exchange between Schlessinger and Jade, and Schlessinger’s concluding remarks, is apparently deleted from the audio recording which is later posted on Schlessinger’s Web site. [Media Matters, 8/12/2010]
Apology - The next day, Schlessinger begins her show with an apology, saying in part: “I talk every day about doing the right thing. And yesterday, I did the wrong thing. I didn’t intend to hurt people, but I did. And that makes it the wrong thing to have done. I was attempting to make a philosophical point, and I articulated the n-word all the way out—more than one time. And that was wrong. I’ll say it again—that was wrong. I ended up, I’m sure, with many of you losing the point I was trying to make, because you were shocked by the fact that I said the word. I, myself, realized I had made a horrible mistake, and was so upset I could not finish the show. I pulled myself off the air at the end of the hour. I had to finish the hour, because 20 minutes of dead air doesn’t work. I am very sorry. And it just won’t happen again.… The caller in question… called for help from me, and didn’t get it, because we got embroiled in the n-word, and I’m really sorry about that, because I’m here for only one reason and that’s to be helpful, so I hope Jade or somebody who knows her is listening, and hope she will call me back and I will try my best to be helpful, which is what she wanted from me in the first place and what she did not get.” [Media Matters, 8/12/2010] “Jade,” the nickname of Nita Hanson, tells a CNN interviewer that she never intends to speak with Schlessinger again, saying, “There’s nothing she can do for me.” She says the entire episode was “still very hurtful,” and says she was confused by Schlessinger’s rant. “I thought I had said something wrong.” She has her own ideas as to why Schlessinger apologized: “I think she apologized because she got caught.” The racial epithet Schlessinger is “never okay” to use, Hanson says. “It’s a very hateful word.” [Orlando Sentinel, 8/19/2010] Civil rights leader Reverend Al Sharpton refuses to accept Schlessinger’s apology. During a CNN interview about the incident, Sharpton says that Schlessinger’s comment that people should consider not marrying outside of their race “despicable,” and adds, “She said the word over and over, and in a very animated way, I might add, but that she actually, if you listen carefully to the logic of what she was saying was that the n-word was not offensive.” [CNN, 8/13/2010]
Calls for Resignation - On August 13, the National Urban League, a politically moderate civil rights organization, issues a statement asking Talk Radio Network to drop Schlessinger from its syndicated broadcast schedule, and asks her to educate herself about racism. NUL president Marc H. Morial says: “The problem is not simply that Dr. Schlessinger used the n-word repeatedly, though that is offensive enough. Her comments to the caller showed a breathtaking insensitivity and ignorance about racial dynamics in the United States.” Morial notes that in her rant, an African-American caller complained that her white husband’s friends use racial slurs and racially demeaning comments, to which Schlessinger responded that the caller was “hypersensitive”; Morial says that Schlessinger’s most revealing comment was: “I don’t get it. If anybody without enough melanin says it, it’s a horrible thing, but when black people say it, it’s affectionate. It’s very confusing.” Morial says: “As she said, she doesn’t get it, and she is very confused about what constitutes racism. It’s beyond comprehension that Dr. Schlessinger would consider [the caller] ‘hypersensitive’ for being offended by the use of the n-word. We should be long past the point in this country where anyone should be advised to laugh off or ignore racist comments. I hope the Talk Radio Network agrees that we’ve had enough of negative racial attitudes, and drops the Dr. Laura show from syndication.” [National Urban League, 8/13/2010]
Defending Schlessinger - One of the few public figures to openly defend Schlessinger is former Governor Sarah Palin (R-AK), who issues a number of Facebook and Twitter posts in Schlessinger’s defense. “Does anyone seriously believe that Dr. Laura Schlessinger is a racist?” she asks on Facebook. “Anyone, I mean, who isn’t already accusing all conservatives, Republicans, tea party Americans, etc., etc., etc. of being racists?” A Twitter post reads, “Dr. Laura: don’t retreat… reload!” and says the “activists” seeking Schlessinger’s resignation are not “American” and “not fair.” [Jason Easley, 8/18/2010; The Grio, 8/20/2011]
Resignation, Claim that Her First Amendment Rights are under Attack by 'Special Interest Groups' - Eight days after her on-air rant, Schlessinger announces that she will conclude her radio show at the end of 2010. She explains: “I was attempting to make a philosophical point, and I articulated the n-word all the way out—more than one time. And that was wrong. I’ll say it again—that was wrong.” She tells CNN talk show host Larry King: “I want to be able to say what’s on my mind and in my heart and what I think is helpful and useful without somebody getting angry or some special-interest group deciding this is a time to silence a voice of dissent.… I decided it was time to move on to other venues where I could say my piece and not have to live in fear anymore.” Schlessinger claims that her First Amendment right to free speech is being constrained: “My contract is up at the end of the year, and I have made the decision not to do radio anymore. The reason is, I want to regain my First Amendment rights. I want to be able to say what’s on my mind and in my heart and what I think is helpful and useful without somebody getting angry, some special interest group deciding this is the time to silence a voice of dissent and attack affiliates, attack sponsors. I’m sort of done with that.” [Washington Post, 8/17/2010; RTT News, 8/18/2010; New York Times, 8/27/2010] Political commentator John Ridley calls Schlessinger’s claims that her “First Amendment” rights are being “trampled” “absurd.” On CNN, Ridley says: “The First Amendment, and a lot of people say this all the time, it pertains to the government impeding freedom of religion, freedom of speech.… No one’s impeding her First Amendment rights. If she wants to retire, that’s fine, but to say that for some reason someone disagrees with her, that she’s being maligned or in some way shoved off the airwaves, to me is absurd. You know, that’s her idea of an apology, to victimize herself.” [Media Matters, 8/17/2010] The president of Media Matters for America, the progressive media watchdog organization, Eric Burns, applauds Schlessinger’s decision. Burns says: “Dr. Laura’s radio career ended in disgrace tonight because of the bigoted, ugly, and hateful remarks made on her show. Americans have had enough. Listeners are now holding hosts, affiliates, and sponsors accountable for the offensive and inexcusable content on the airwaves.” The New York Times notes that Schlessinger has repeatedly weathered criticism for her anti-homosexual comments and false claims that “huge” numbers of male homosexuals are “predatory on young boys.” [New York Times, 8/27/2010]
No Departure - Instead of leaving the airwaves as she claims she will do, Schlessinger will move her show from broadcast radio to satellite radio’s Sirius XM (see November 26, 2010).

Entity Tags: National Urban League, Larry King, Laura Schlessinger, Marc H. Morial, John Ridley, Eric Burns, Nita Hanson, Barack Obama, CNN, Talk Radio Network, Al Sharpton, New York Times, Sarah Palin

Timeline Tags: Domestic Propaganda

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

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

New York Times columnist Gail Collins lambasts billionaire television host Donald Trump, both for his media-savvy flirtation with the 2012 Republican presidential candidacy and for his support of the “birther” controversy (see February 10, 2011, March 17, 2011, March 23, 2011, March 23, 2011, March 28, 2011, March 28-29, 2011, March 30, 2011, April 1, 2011, and April 1, 2011). Collins calls Trump’s advocacy of “birtherism” “loony,” and implies he chose it to steal a march over a lackluster field of more “traditional” potential candidates for the Republican presidential nomination. She derides his business “success,” noting his most recent success is as the host of a television reality show, his bankruptcy of a once-profitable line of casinos, and his loss of millions on opulent high-rise apartment buildings. She notes that after she wrote an earlier column mocking Trump’s financial failures, he retorted by sending her a copy of the column with her picture circled and the words “The Face of a Dog!” written over it. Trump is not a serious candidate, she writes; he is doing what he does best: self-promotion, “product-placement, and personal aggrandizement.” [New York Times, 4/1/2011] A week later, Trump responds with a letter to the editor. He accuses Collins of having written “nasty and derogatory articles about me” in the past, and says he respects her for being able to survive so long “with so little talent.” He lambasts her for deriding his advocacy of “birtherism,” citing the “very large segment of our society” who believe that President Obama is not a legitimate American citizen, and cites as “proof” the long-debunked claim that Obama’s “grandmother from Kenya” told a caller that she saw Obama being born in a Kenyan hospital (see October 16, 2008 and After). Trump says the birth certificate Obama has produced (see June 13, 2008) is legally invalid (see August 21, 2008 and October 30, 2008), and claims no records exist in Hawaii’s state government of Obama’s birth record. He calls the term “birther” a “derogatory” label, and says had similar claims been raised about President Bush or any other president, “they would never have been allowed to attain office, or would have been thrown out of office very quickly.” Trump alleges that “the press protects President Obama beyond anything or anyone I have ever seen,” and says: “What they don’t realize is that if he was not born in the United States, they would have uncovered the greatest ‘scam’ in the history of our country. In other words, they would become the hottest writer since Watergate, or beyond. Open your eyes, Gail, there’s at least a good chance that Barack Hussein Obama has made mincemeat out of our great and cherished Constitution!” [New York Times, 4/8/2011]

Entity Tags: Barack Obama, Gail Collins, Donald Trump, New York Times

Timeline Tags: Domestic Propaganda

The New York Times publishes the results of a recent poll it conducted in conjunction with CBS News. The poll finds a general “lack of passion” among Republican voters for any particular 2012 presidential contender. However, one of the poll’s findings is buried deep in the story: Forty-seven percent of Republican voters believe that President Obama was born in another country (therefore making him not a US citizen and ineligible for the presidency). Twenty-two percent say they do not know where he was born, and 32 percent say he was born in the United States (see June 13, 2008, August 21, 2008, and October 30, 2008). Within hours, the section about Republicans doubting Obama’s birthplace is removed from the online version of the Times article with no explanation. [New York Times, 4/22/2011; Media Matters, 4/22/2011; Crooks and Liars, 4/23/2011]

Entity Tags: CBS News, Barack Obama, New York Times

Timeline Tags: Domestic Propaganda

Pamela Geller, the conservative blogger who has for years attacked President Obama’s parentage and his citizenship (see July 20, 2008, October 24, 2008,August 4, 2009, and April 27, 2011), now calls Obama “a b_stard, literally and figuratively.” Geller’s characterization is part of a long tirade about Obama’s father, Barack Obama Sr., based on information about the elder Obama cited by the Arizona Independent, which obtained the Immigration and Naturalization Service file on Obama Sr. (see April 28, 2011). Geller accuses Obama’s father of “impossible philandering, multiple wives, and bad behavior,” says the elder Obama was forced to leave Harvard University and the United States itself, and blames his “polygamy” on his Muslim faith. She also says the portrait Obama has painted of his father in his first memoir, Dreams of My Father, is completely false, though Obama never knew his father and depicted his father in an unflattering light. Geller writes: “He was a terrible man—immoral and irresponsible. His treatment of women was incredibly callous and cruel—not to mention the abandoment of his children and his multiple wives. President Obama is indeed a bastard, literally and figuratively. What a horrible man. Dreams of My Father. Indeed. Perhaps this explains President Obama’s animus towards the United States” (see November 8, 2007, Before October 27, 2008, January 16, 2008, April 9, 2009, June 5, 2009, June 25, 2009, June 29, 2009, September 14, 2009, November 17, 2009, February 2, 2010, June 11, 2010, September 12, 2010, September 12, 2010 and After, September 12, 2010 and After, September 16, 2010, September 17, 2010, September 23, 2010, September 23-24, 2010, March 2011, April 15, 2011, and April 27, 2011). A New York Times analysis of the same information concludes that Obama Sr. had a tribal wife in Kenya at the time he married Obama’s mother, Stanley Ann Dunham, and explains: “We call this ‘polygamy’; they see it as moving on with life. First marriages fizzle out in Africa, as they do everywhere else. The difference is that culturally, legal divorce is very frowned upon: It’s viewed as shirking financial and familial responsibilities. Epidemiologists, who have studied this cultural pattern because of its impact on the spread of HIV, often say that Africans tend to have ‘concurrent’ relationships, while Americans have ‘consecutive’ ones. That’s a wild generalization, but the point is that Obama Sr. would not have viewed his first marriage back in Kenya as something disreputable. It clearly became worthy of investigation to school and immigration officials, though, after he started fooling around with white women.” Geller calls the hints of racism towards Obama Sr. ridiculous, and cites fellow conservative blogger Jack Cahill as providing “proof” that Obama Sr.‘s marriage to Dunham was possibly invalid, making Obama the “b_stard” that she accuses him of being. [Pamela Geller, 4/29/2011] The progressive media watchdog organization Media Matters notes that Geller’s attack on Obama and his father is part of a new initiative by “birthers” to besmirch Obama by attacking his father (see April 29, 2011). [Media Matters, 4/29/2011]

Entity Tags: Pamela Geller, Arizona Independent, Ann Dunham, Barack Obama, Media Matters, Barack Obama, Sr, New York Times, US Immigration and Naturalization Service

Timeline Tags: Domestic Propaganda

A joke image displayed during President Obama’s address at the White House Correspondents Dinner, envisioning what the White House might look like if Donald Trump were to become president. The subheading on the photo reads ‘Hotel - Casino - Golf Course - Presidential Suite.’ A joke image displayed during President Obama’s address at the White House Correspondents Dinner, envisioning what the White House might look like if Donald Trump were to become president. The subheading on the photo reads ‘Hotel - Casino - Golf Course - Presidential Suite.’ [Source: C-SPAN]The annual White House Correspondents Dinner is the scene of a “roast” of birther advocate Donald Trump, who has for months called President Obama’s US citizenship into question, by Obama. The dinner is traditionally a venue where politicians, journalists, and pundits have fun at one another’s expense. [Daily Beast, 5/1/2011] After the dinner, the New York Times reports that Obama “zings” Trump during his presentation. [New York Times, 4/30/2011]
Obama Zings Trump, 'Birther' Controversy - Obama begins his presentation by noting that he has recently released the “long form” version of his birth certificate (see April 27, 2011), which has quieted some (but not all) critics. Obama presents what he calls his “official birth video” to “put all doubts to rest,” and shows a clip from the Disney animated film The Lion King depicting the triumphant birth of the lion Simba. He then says, to repeated bursts of laughter: “I want to make clear to the Fox News table: That was a joke. That was not my real birth video. That was a children’s cartoon. Call Disney if you don’t believe me. They have the original long-form version.” He mentions US Representative Michele Bachmann (R-MN), another “birther” (see April 20, 2011) who is “thinking about running for president, which is weird because I hear she was born in Canada.” After the laughter subsides, he says: “Yes, Michele, this is how it starts. Just letting you know.” [White House, 5/1/2011; Daily Beast, 5/1/2011] (Bachmann, as Obama and others in the room are well aware, was born in Iowa.) [Des Moines Register, 10/20/2009] Obama then turns his attention to Trump, who like Bachmann is in attendance. “Now, I know that he’s taken some flak lately,” Obama says, “but no one is happier, no one is prouder to put this birth certificate matter to rest than the Donald. And that’s because he can finally get back to focusing on the issues that matter—like, did we fake the moon landing? What really happened in Roswell? And where are Biggie and Tupac?” Obama is referring to a triad of popular conspiracy theories that assert the various Apollo moon landings were faked in California sound studios; Roswell, New Mexico, was the site of an alien landing in the 1950s; and rap stars “Biggie” Smalls and Tupac Shakur were not murdered, but are alive and in hiding. Obama continues to address Trump, citing the NBC show Celebrity Apprentice, which Trump hosts: “But all kidding aside, obviously, we all know about your credentials and breadth of experience. For example—no, seriously, just recently, in an episode of ‘Celebrity Apprentice’—at the steakhouse, the men’s cooking team cooking did not impress the judges from Omaha Steaks. And there was a lot of blame to go around. But you, Mr. Trump, recognized that the real problem was a lack of leadership. And so ultimately, you didn’t blame Lil’ Jon or Meatloaf [two celebrity contestants on the show]. You fired [contestant] Gary Busey. And these are the kind of decisions that would keep me up at night. Well handled, sir. Well handled.” The audience roars with laughter, while Trump attempts to smile, but glowers and looks uncomfortable. Obama finishes his joshing at Trump’s expense with displaying an image of what the White House might look like if Trump were to become president, drawing a huge round of laughter. He concludes the lighter portion of his presentation by showing a video of him being forced to give speeches without a teleprompter, which includes a number of presidential “bloopers” from earlier speeches.
Praises Soldiers, Storm Survivors, Journalists - Obama closes his presentation on a serious note, lauding the American servicemen and servicewomen “who are serving in uniform overseas in the most extraordinary of circumstances,” noting the terrible devastation suffered by people in Alabama and other Southern states who were hit by multiple tornadoes and powerful storms, and praising the journalists who cover such difficult stories: “You know, in the last months, we’ve seen journalists threatened, arrested, beaten, attacked, and in some cases even killed simply for doing their best to bring us the story, to give people a voice, and to hold leaders accountable. And through it all, we’ve seen daring men and women risk their lives for the simple idea that no one should be silenced, and everyone deserves to know the truth. That’s what you do. At your best that’s what journalism is. That’s the principle that you uphold. It is always important, but it’s especially important in times of challenge, like the moment that America and the world is facing now. So I thank you for your service and the contributions that you make. And I want to close by recognizing not only your service, but also to remember those that have been lost as a consequence of the extraordinary reporting that they’ve done over recent weeks. They help, too, to defend our freedoms and allow democracy to flourish. God bless you, and may God bless the United States of America.” [New York Times, 4/30/2011; White House, 5/1/2011; Daily Beast, 5/1/2011] The other featured presenter is Saturday Night Live head writer Seth Meyers, who spends some time mocking Obama, other White House members, and some of the journalists in attendance, but spends most of his time making fun of Trump. “Donald Trump has been saying that he’ll run for president as a Republican—which is surprising, since I just assumed he was running as a joke,” he opens, drawing a wave of laughter. One of his most popular laugh lines is: “Donald Trump said recently he has ‘a great relationship with the blacks’ (see April 14-15, 2011. But unless the Blacks are a family of white people, I bet he’s mistaken.” Even Obama dissolves in laughter at this line. [Daily Beast, 5/1/2011; Daily Beast, 5/1/2011] By the time the presentation is over, Trump is, in the words of the New York Times, sitting “grimly unsmiling” and “grimacing” through the mockery. Trump is so visibly upset that the others at his table stop smiling and laughing; a reporter from New York magazine, citing guests sitting near Trump’s table, writes that his “mood shifted from playing along to unvarnished anger.” [New York Times, 4/30/2011; TPM Muckraker, 5/1/2011]
Former Democratic Governor: Trump's 'Bubble Has Burst' - Veteran correspondent Lloyd Grove, writing for the online news outlet The Daily Beast, writes that Obama, “in a manner of speaking, deftly slit [Trump’s] throat, cut out his entrails, set him ablaze, and scraped what was left off the presidential shoe.” Before Obama’s presentation, Trump seemed to be enjoying himself at the dinner, “[b]ut after Obama finished with him—and the evening’s paid entertainer, [Meyers], stomped on the remains—a scowling Trump and his frowning model-wife bolted out of their chairs in the basement ballroom, pushed their way toward the exit with their security team, and disappeared into the cruel Washington night.” CNN host and former Governor Eliot Spitzer (D-NY) says, apparently referring to Trump’s presidential aspirations: “That was very serious. I think that bubble has burst.” [Daily Beast, 5/1/2011] Trump says of Obama’s presentation, “It was very good,” but calls Meyers “a stutterer.” [TPM Muckraker, 5/1/2011]

Entity Tags: Eliot Spitzer, Donald Trump, Michele Bachmann, Lloyd Grove, Seth Meyers, New York Times, Barack Obama

Timeline Tags: Domestic Propaganda

The New York Times reports on fundraising activities by two prominent super PACs, the Republican-favoring American Crossroads and the Democratic-favoring House Majority PAC. American Crossroads reports raising $3.8 million since the beginning of the year, almost all of that money coming from a few wealthy donors: former Univision chairman A. Jerrold Perenchio ($2 million), Robert B. Rowling ($1 million), and Bob Perry ($500,000). The House Majority PAC, which has not been in existence as long as American Crossroads, raised $800,000 in that same time period—less than a fourth of that raised by American Crossroads—with a larger number of lesser donations. Some of its donors include S. Donald Sussman ($150,000), Fred Eychaner ($100,000), George Soros ($75,000), and labor unions such as the American Federation of State, County and Municipal Employees (AFSCME) and the Communications Workers of America (CWA). The House Majority PAC has spent over half of its donations on US House races. Both super PACs filed earlier than the July 15 reporting date because of activity surrounding a recent special House election in New York. Super PACs are allowed to raise and spend unlimited amounts, but must report their donations and their donors. [New York Times, 6/24/2011]

Entity Tags: Communications Workers of America, A. Jerrold Perenchio, American Crossroads, Bobby Jack Perry, S. Donald Sussman, New York Times, Fred Eychaner, George Soros, American Federation of State, County and Municipal Employees, House Majority PAC, Robert B. Rowling

Timeline Tags: Civil Liberties, 2012 Elections

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

Robert Bryce, a senior fellow at the conservative Manhattan Institute and the author of Power Hungry: The Myths of ‘Green’ Energy and the Real Fuels of the Future, writes an op-ed for the New York Times claiming that solar power production is too costly in part because of the “huge” amount of land it requires. “[W]hile energy sources like sunlight and wind are free and naturally replenished, converting them into large quantities of electricity requires vast amounts of natural resources—most notably, land,” he writes. “Even a cursory look at these costs exposes the deep contradictions in the renewable energy movement.” Bryce cites as one example the Ivanpah solar plant, which takes up about five and a half acres in the Mojave Desert and will generate about 370 megawatts of power when completed (see September 22, 2013). “The math is simple: to have 8,500 megawatts of solar capacity, California would need at least 23 projects the size of Ivanpah, covering about 129 square miles, an area more than five times as large as Manhattan,” he writes. “While there’s plenty of land in the Mojave, projects as big as Ivanpah raise environmental concerns. In April, the federal Bureau of Land Management ordered a halt to construction on part of the facility out of concern for the desert tortoise, which is protected under the Endangered Species Act” (see August 13, 2013). Wind power generation consumes even more land, he writes, citing the example of a wind farm in Texas that covers 154 square miles and generates over 781 megawatts of energy. Add to that the need for “long swaths of land for power lines,” and you have what one conservation group calls “energy sprawl,” the need for large amounts of land to generate power. He concludes: “All energy and power systems exact a toll. If we are to [keep power generation systems small] while also reducing the rate of growth of greenhouse gas emissions, we must exploit the low-carbon energy sources—natural gas and, yes, nuclear—that have smaller footprints.” [New York Times, 8/6/2011]
'Gusher of Lies' - In 2010, the progressive news Web site Think Progress called Bryce’s book “a gusher of lies,” and recruited renewable energy expert Adam Siegel to debunk it. Siegel wrote: “Masquerading as an unbiased, fact-based look at America’s energy situation and viable paths forward into the future, Robert Bryce’s Power Hungry is a mixed collection of factual material, thought-provoking constructs, selective ‘truthiness,’ questionable (if not simply wrong) data crunching, and outright deceptions. This mix of material makes Bryce’s work dangerous reading for those without a serious grounding in energy (related) issues while that same mix calls into question this work’s value for anyone with that more serious background.” [Think Progress, 9/14/2010]
Counter-Claims - In 2003, the US Department of Energy concluded that most of the land needed for renewable energy sites could be supplied by abandoned industrial sites. Moreover, “with today’s commercial systems, the solar energy resource in a 100-by-100-mile area of Nevada could supply the United States with all of its electricity. If these systems were distributed to the 50 states, the land required from each state would be an area of about 17 by 17 miles. This area is available now from parking lots, rooftops, and vacant land. In fact, 90 percent of America’s current electricity needs could be supplied with solar electric systems built on the estimated 5 million acres of abandoned industrial sites in our nation’s cities.” The federal government is expanding its efforts to find “disturbed and abandoned lands that are suitable for renewable energy development.” Groups concerned with minimizing the impacts of energy development on wildlife prefer prioritizing these areas for development. The Energy Information Administration says: “Covering 4 percent of the world’s desert area with photovoltaics could supply the equivalent of all of the world’s electricity. The Gobi Desert alone could supply almost all of the world’s total electricity demand.” And a 2009 study found that “in most cases” solar arrays in areas with plenty of sunlight use “less land than the coal-fuel cycle coupled with surface mining.” [National Renewable Energy Laboratory, 1/2003 pdf file; US Energy Information Administration, 12/19/2011; Defenders of Wildlife, 1/14/2013 pdf file; Media Matters, 1/24/2013]

Entity Tags: Energy Information Administration, Think Progress (.org), Ivanpah Solar Complex, Bureau of Land Management, Adam Siegel, New York Times, US Department of Energy, Robert Bryce

Timeline Tags: US Solar Industry

Ethan Harris of Bank of America.Ethan Harris of Bank of America. [Source: National Association for Business Economics]Many prominent economists and financial leaders lay the blame for the US credit rating downgrade (see August 5, 2011) at the feet of Congressional Republicans. Republicans have been unified in blaming the Obama administration’s economic policies for the downgrade (see August 6-9, 2011), though House Speaker John Boehner boasted that he and his fellow Republicans received “98 percent” of what they wanted in the debt-ceiling legislation that led to the downgrade (see August 1, 2011). Nobel Prize-winning Paul Krugman, a self-described liberal, blamed Congressional Republicans for the downgrade hours after credit rating agency Standard & Poor’s announced it (see August 5-6, 2011), and S&P itself implied that Republicans were at fault for the downgrade for being willing to risk sending the nation into default if they were blocked from getting their way in the debt-ceiling legislation (see August 11, 2011). Even before the credit rating downgrade, the New York Times reports, “macroeconomists and private sector forecasters were warning that the direction in which the new House Republican majority had pushed the White House and Congress this year—for immediate spending cuts, no further stimulus measures and no tax increases, ever—was wrong for addressing the nation’s two main ills, a weak economy now and projections of unsustainably high federal debt in coming years” (see May 20, 2011). These economists and forecasters generally agree with the Obama administration’s wishes to immediately stimulate the economy to include greater private-sector spending and create more jobs, with spending cuts more useful as a long-term remedy. Republicans in Congress and on the presidential campaign trail, however, continue to insist that their policies are what will rescue the US economy; House Majority Leader Eric Cantor (R-VA) says that he and his fellow Republicans “were not elected to raise taxes or take more money out of the pockets of hardworking families and business people,” and will never consider tax or revenue increases of any sort. Even Republican economic figures such as Reagan advisor Martin Feldstein and Henry Paulson, the Treasury secretary under President George W. Bush, say that revenue increases should balance any spending cuts, a position Congressional Republicans—particularly “tea party” Republicans such as presidential candidate Michele Bachmann (R-MN)—refuse to countenance. Bank of America senior economics research official Ethan Harris writes: “Given the scale of the debt problem, a credible plan requires both revenue enhancement measures and entitlement reform. Washington’s recent debt deal did not include either.” Ian C. Shepherdson, the chief US economist for research firm High Frequency Economist, says, “I think the US has every chance of having a good year next year, but the politicians are doing their damnedest to prevent it from happening—the Republicans are—and the Democrats to my eternal bafflement have not stood their ground.” Joel Prakken, chairman of Macroeconomic Advisers, and Laurence H. Meyer, former Federal Reserve governor, both call the Republicans’ calls for spending cuts “job-kill[ers].” Bill Gross, head of the bond-trading firm Pimco, lambasts Republicans and what he calls “co-opted Democrats” for throwing aside widely accepted economic theory for Republican-led insistence that draconian spending cuts, largely in social safety-net programs such as Social Security and Medicare, will “cure” the US’s economic ills. Instead, Gross writes: “An anti-Keynesian, budget-balancing immediacy imparts a constrictive noose around whatever demand remains alive and kicking. Washington hassles over debt ceilings instead of job creation in the mistaken belief that a balanced budget will produce a balanced economy. It will not.” [New York Times, 8/12/2011]

Entity Tags: Ian Shepherdson, US Congress, Eric Cantor, Bill Gross, Standard & Poor’s, Henry Paulson, Paul Krugman, New York Times, Joel Prakken, John Boehner, Laurence H. Meyer, Martin Feldstein, Michele Bachmann, Ethan Harris, Obama administration

Timeline Tags: Global Economic Crises

The New York Times reports that labor unions are attempting to change the way they engage in political activities in light of the 2010 Citizens United ruling (see January 21, 2010), so as to counter enormous corporate donating and influence nonunion households for the 2012 elections. Labor unions had opposed the ruling, but that opposition has borne little fruit. Now the unions are beginning to use an element of the ruling that for the first time allows unions to reach out to nonunion households. Unions can also form their own super PACs, and some are doing just that. Richard L. Trumka, president of the AFL-CIO, says organized labor will function independently of the Democratic Party, refusing to support Democratic candidates who are not union-friendly and perhaps even opposing individual Democrats in some elections. Trumka says the time for Democrats to take union support for granted has ended. Some labor leaders have been critical of Democrats after unions spent more than $200 million to help elect President Obama and Congressional Democrats in 2008, but did not get some of the legislative attention the unions desired from the newly elected Democrats. The Times writes, “In distancing themselves, at least a bit, from the Democrats, unions are becoming part of a trend in which newly empowered outside groups build what are essentially party structures of their own—in this case, to somewhat offset the money flowing into conservative groups that are doing the same thing.” Trumka says the AFL-CIO will infuse $10 million into a new, as-yet-unnamed super PAC in order to begin building a permanent political structure for labor. “The way we used to do politics is we’d set up a structure six months before the election, and after Election Day we’d dismantle it,” he says. “Now we’re going to have a full-time campaign, and that campaign will be able to move, hopefully, from electoral politics to issue advocacy and accountability.” The AFL-CIO’s political director, Michael A. Podhorzer, says that the unions learned a lesson in 2010, when labor-backed Democrats such as former Ohio Governor Ted Strickland (D-OH) lost to Republican challengers. “It became apparent that even in races where union members voted overwhelmingly in support of a pro-worker candidate, we could still lose,” says Podhorzer. “President Trumka asked, ‘How do we get programs that win elections and not just put up a good fight?’” [New York Times, 9/25/2011]

Entity Tags: Michael A. Podhorzer, AFL-CIO, Barack Obama, Democratic Party, Theodore (“Ted”) Strickland, New York Times, Richard L. Trumka

Timeline Tags: Civil Liberties, 2012 Elections

2012 Iowa caucuses logo.2012 Iowa caucuses logo. [Source: MediaBistro (.com)]As Republican voters in Iowa go to cast their votes for the party’s presidential nominee in statewide caucuses, spending by the various candidates in the state is at an all-time high, topping $16 million. Broken down by candidate, the spending on candidate advertising, voter drives, and other political activities is as follows:
bullet Governor Rick Perry (R-TX): $4.3 million from his campaign. Perry’s super PAC, Make Us Great Again, has spent $1.6 million.
bullet Representative Ron Paul (R-TX): $2.8 million from his campaign.
bullet Former Governor Mitt Romney (R-MA): $1.5 million from his campaign. His super PAC, Restore Our Future (see June 23, 2011 and January 3, 2012), has spent $2.8 million.
bullet Former Representative Newt Gingrich (R-GA): $980,000 from his campaign. His super PAC, Winning Our Future (see December 19, 2011), has spent $264,000.
bullet Former Senator Rick Santorum (R-PA): $30,000 from his campaign. His super PAC, the Red White and Blue Fund, has spent $530,000.
bullet Representative Michele Bachmann (R-MN): $180,000 from her campaign.
The super PAC expenditures in Iowa primary activities—at least $6 million—far outstrip the $1.5 million spent by outside groups in Iowa in 2004 and the $3.4 million spent in 2008. Spending in upcoming primaries in other states is predicted to be even higher. [NBC News, 1/3/2012; Think Progress, 1/3/2012] The day before the primaries, the New York Times writes a blistering op-ed, “The Slush Funds of Iowa,” decrying the “unrelenting arctic blast of campaign ads” featuring “constant negativity” from the various campaigns. The Times calls the super PACs behind most of the ads “essentially septic tanks into which wealthy individuals and corporations can drop unlimited amounts of money, which is then processed into ads that are theoretically made independently of the candidates.” The Times says that regardless of the pretense of independence both the super PACs and the candidates maintain, “the PACs are, in fact, a vital part of the campaigns’ strategy.” The editorial cites an earlier Times report that cited Romney as an example, comparing the upbeat, family-oriented ads aired in Iowa by the Romney campaign with the relentless negative ads aired by his PAC, and saying that Romney “has effectively outsourced his negative advertising to a group that has raised millions of dollars from his donors to inundate his opponents with attacks.” The editorial notes, “Mr. Romney’s name is never mentioned [in the negative ads], and few [Iowa] viewers will realize that the ad’s producers are all close associates of his who worked on his campaign four years ago.” [New York Times, 1/2/2012]

Entity Tags: Make Us Great Again, Michele Bachmann, Newt Gingrich, James Richard (“Rick”) Perry, New York Times, Red, White and Blue Fund, Winning Our Future, Restore Our Future, Rick Santorum, Willard Mitt Romney, Ron Paul

Timeline Tags: Civil Liberties, 2012 Elections

New York Times political columnist Charles Blow attacks presidential candidate Newt Gingrich (R-GA) for “belittling” both African Americans and African-American debate moderator Juan Williams in a recent Republican presidential debate (see January 16, 2012). Blow accuses Gingrich of “sneer[ing]” at Williams “for having the temerity to ask him if his condescending remarks about the work ethic of poor black people are indeed condescending.” He also points out the underlying messages in Gingrich’s statements: When Gingrich says that “only the elites despise earning money,” Blow writes that his implication is “that elites are liberals, not men like Gingrich—whose net worth the Los Angeles Times has estimated to be $6.7 million, who was a history professor, who was paid $1.6 million dollars by Freddie Mac for ‘advice,’ and who had a half million dollar line of credit at Tiffany’s. If Gingrich isn’t among America’s elite, the word no longer has meaning.” Instead, Blow writes, Gingrich is targeting President Obama as an “elitist liberal.” Blow quotes Gingrich earlier in the debate saying: “It tells you everything you need to know about the difference between Barack Obama and the [other four Republican candidates in the debate]: that we actually think work is good. We actually think saying to somebody, ‘I’ll help you if you’re willing to help yourself’ is good. And we think unconditionally efforts by the best food stamp president in American history to maximize dependency is terrible for the future of this country.” Gingrich has repeatedly labeled Obama as “the food stamp president” (see November 30 - December 2, 2011 and January 5, 2012). Blow writes: “The phrase ‘maximize dependency’ is a particularly interesting one because it suggests a systematic, orchestrated campaign by the president and liberals in general to keep blacks poor and dependent on ‘big government’ as a way of insuring their continued political support. This is a classic, right-wing, race-based argument in a new suit.” Williams asked again if Gingrich could not see that he was deriding African-Americans by his remarks, and Gingrich reiterated his positions and again insulted poor people’s work ethic. Blow observes: “These exchanges, and the audience’s response to them, underscore how Republicans’ gut reactions and their official rhetoric diverge, particularly in the [S]outh. [Gingrich] understands this cleavage and knows how to exploit it in subtle and sophisticated ways.… Gingrich seems to understand the historical weight of the view among some southern whites, many of whom have migrated to the Republican Party, that blacks are lazy and addicted to handouts. He is able to give voice to those feelings without using those words. He is able to make people believe that a fundamentally flawed and prejudicial argument that demeans minorities is actually for their uplift. It is Gingrich’s gift: He is able to make ill will sound like good will.” [New York Times, 1/17/2012]

Entity Tags: Charles M. Blow, Barack Obama, New York Times, Juan Williams, Newt Gingrich

Timeline Tags: Domestic Propaganda, 2012 Elections

The New York Times reports that wealthy liberal donors, after months of relative inactivity, are gearing up to make large donations on behalf of Democratic candidates. But unlike their Republican counterparts, these donors are not going to give millions to super PACs. Instead, the Times reports, they will give most of their money to organizations focused on grassroots organizing, voter registration, and “get out the vote,” or GOTV, efforts. The Times reports, “The departure from the conservatives’ approach, which helped Republicans wrest control of the House in 2010, partly reflects liberal donors’ objections to the Supreme Court’s Citizens United decision (see January 21, 2010), which paved the way for super PACs and unbridled campaign spending.” Also, donors and strategists do not believe they can go head-to-head with wealthy Republican donors who are giving to groups like American Crossroads and Americans for Prosperity (AFP). Instead, they say they feel Democrats can press an advantage in grassroots organizing. Rob Stein of the Democracy Alliance, a group of liberal donors, says that while super PACs “are critically important,” local efforts and social-media outreach “can have an enormous impact in battleground states in 2012.” Billionaire financier and philanthropist George Soros (see January - November 2004) will give $1 million to America Votes, an organization that coordinates political actions for environmental, abortion rights, and civil rights groups, and another $1 million to American Bridge 21st Century, a super PAC that focuses on election research. Soros has not yet given significantly during the 2012 cycle. A Soros spokesperson, Michael Vachon, says: “George Soros believes the Supreme Court’s decision in Citizens United opened the floodgates to special interests’ paying for political ads. There is no way those concerned with the public interest can compete with them. Soros has always focused his political giving on grass-roots organizing and holding conservatives accountable for the flawed policies they promote. His support of these groups is consistent with those views.” President Obama’s reelection campaign is in the process of unleashing a $25 million ad campaign against the presumptive Republican nominee, Mitt Romney (R-MA), directed and financed by the campaign itself. Romney and other Republicans have relied more heavily on “independent” spending by American Crossroads, AFP, and other “third party” groups. An Obama-aligned super PAC, Priorities USA Action, has raised relatively little money in comparison to its Republican counterparts, though it has been active in some battleground states (see May 2, 2012). Obama’s opposition to super PACs and his reluctance to have his campaign rely on their efforts (see January 18, 2012) has slowed super PAC fundraising efforts on his behalf, though he has recently given his approval for the group to operate at maximum capacity (see February 6, 2012). David Brock, the founder of American Bridge 21st Century and the liberal watchdog organization Media Matters for America, says, “The idea that we’re going to engage in an arms race on advertising with the Republicans is not appealing to many liberal donors.” While Priorities USA and two other groups founded to help Democrats in Congress remain on the list of organizations that the Democracy Alliance recommends to its members, Robert McKay, the chairman of the group and a board member of Priorities USA, says that much of the money expected to be spent this year—up to $100 million—by the group’s donors will go to organizing and research, and far less to television advertising. “There is a bias towards funding infrastructure as it relates to the elections,” McKay says. “That means get-out-the-vote efforts” aimed at minority voters, women, and younger voters. Organizations involved in Democracy Alliance include Catalist, a voter database organization; ProgressNow, which organizes Internet-based groups in different states; and the newly created Latino Engagement Fund, an organization that works to organize Latino voting on behalf of Democrats. Groups outside Democracy Alliance will also be involved, particularly labor unions and advocacy groups such as the Sierra Club. San Francisco philanthropist Steve Phillips, who intends to spend some $10 million on efforts to increase turnout among Latino voters, says: “You can dump 10 or 20 million in TV ads in Ohio and try to reach the persuadable swing voters there, or you can up voter turnout among Latinos in Colorado and Arizona and win that way. It’s much cheaper.” [New York Times, 5/7/2012]

Entity Tags: American Crossroads, Steve Phillips, Willard Mitt Romney, 2012 Obama presidential election campaign, Robert McKay, American Bridge 21st Century, Rob Stein, New York Times, Americans for Prosperity, David Brock, Priorities USA Action, Michael Vachon, America Votes, George Soros, Democracy Alliance

Timeline Tags: Civil Liberties, 2012 Elections

Investigative journalist Robert Parry speaks at a conference in Heidelberg, Germany concerning the progression of journalism from the 1970s to the present. Parry tells the gathering that American investigative journalism may have hit something of a zenith in the 1970s, with the media exposure of the Pentagon Papers (see March 1971) and the Watergate scandal (see August 8, 1974). “That was a time when US journalism perhaps was at its best, far from perfect, but doing what the Founders had in mind when they afforded special protections to the American press,” he says. “In the 1970s, besides the Pentagon Papers and Watergate, there were other important press disclosures, like the My Lai massacre story and the CIA abuses—from Iran to Guatemala, from Cuba to Chile. For people around the world, American journalism was the gold standard. Granted, that was never the full picture. There were shortcomings even in the 1970s. You also could argue that the US news media’s performance then was exceptional mostly in contrast to its failures during the Cold War, when reporters tended to be stenographers to power, going along to get along, including early in the Vietnam War.” However, those days are long past, Parry notes, and in recent years, American journalism has, he says, gone “terribly wrong.” Parry says that the American press was subjected to an orchestrated program of propaganda and manipulation on a par with what the CIA did in many foreign countries: “Think how the CIA would target a country with the goal of shoring up a wealthy oligarchy. The agency might begin by taking over influential media outlets or starting its own. It would identify useful friends and isolate troublesome enemies. It would organize pro-oligarchy political groups. It would finance agit-prop specialists skilled at undermining and discrediting perceived enemies. If the project were successful, you would expect the oligarchy to consolidate its power, to get laws written in its favor. And eventually the winners would take a larger share of the nation’s wealth. And what we saw in the late 1970s and early 1980s in the United States was something like the behavior of an embattled oligarchy. Nixon’s embittered allies and the Right behaved as if they were following a CIA script. They built fronts; they took over and opened new media outlets; they spread propaganda; they discredited people who got in the way; ultimately, they consolidated power; they changed laws in their favor; and—over the course of several decades—they made themselves even richer, indeed a lot richer, and that, in turn, has translated into even more power.”
Building a Base - Right-wing billionaires such as the Koch brothers (see 1979-1980) and Richard Mellon Scaife, along with Nixon-era figures such as former Treasury Secretary William Simon (a Wall Street investment banker who ran the right-wing Olin Foundation) worked to organize conservative foundations; their money went into funding what Parry calls “right-wing media… right-wing think tanks… [and] right-wing attack groups. Some of these attack groups were set up to go after troublesome reporters.” Parry finds it ironic, in light of the CIA’s interference in the affairs of other nations, that two foreign media moguls, Sun Myung Moon and Rupert Murdoch, were key figures in building and financing this conservative media construct. Some media outlets, such as Fox News (see Summer 1970 and October 7, 1996), were created from scratch, while others, such as the venerable and formerly liberal New Republic, were bought out and taken over by conservatives. When Ronald Reagan ascended to the White House, Parry says, he brought along with him “a gifted team of [public relations] and ad men.” Vice President George H.W. Bush, a former CIA director, enabled access to that agency’s propaganda professionals. And Reagan named William Casey to head the CIA; Casey, a former Nixon administration official, was “obsessed [with] the importance of deception and propaganda,” Parry says. “Casey understood that he who controlled the flow of information had a decisive advantage in any conflict.”
Two-Pronged Attack - Two key sources of information for Washington media insiders were targeted, Parry says: the “fiercely independent” CIA analytical division, whose analyses had so often proven damaging to White House plans when reported, and the “unruly” Washington press corps. Casey targeted the CIA analysts, placing his young assistant, Robert Gates, in charge of the analytical division; Gates’s reorganization drove many troublesome analysts into early retirement, to be replaced with more malleable analysts who would echo the White House’s hard line against “Soviet expansionism.” Another Casey crony, Walter Raymond Jr., worked to corral the Washington press corps from his position on the National Security Council. Raymond headed an interagency task force that ostensibly spread “good news” about American policies in the foreign press, but in reality worked to smear and besmirch American journalists who the White House found troubling. According to Parry, “Secret government documents that later emerged in the Iran-Contra scandal revealed that Raymond’s team worked aggressively and systematically to lobby news executives and turn them against their reporters when the reporters dug up information that clashed with Reagan’s propaganda, especially in hot spots like Central America.” It was easy to discredit female journalists in Central America, Parry says; Raymond’s team would spread rumors that they were secretly having sexual liaisons with Communist officials. Other reporters were dismissed as “liberals,” a label that many news executives were eager to avoid. Working through the news executives was remarkably successful, Parry says, and it was not long before many Washington reporters were either brought to heel or marginalized.
'Perception Management' - Reagan’s team called its domestic propaganda scheme “perception management.” Parry says: “The idea was that if you could manage how the American people perceived events abroad, you could not only insure their continued support of the foreign policy, but in making the people more compliant domestically. A frightened population is much easier to control. Thus, if you could manage the information flows inside the government and inside the Washington press corps, you could be more confident that there would be no more Vietnam-style protests. No more Pentagon Papers. No more My Lai massacre disclosures. No more Watergates.” The New York Times and Washington Post, the newspapers that had led the surge of investigative reporting in the 1970s, were effectively muzzled during the Reagan era; Parry says that the two papers “became more solicitous to the Establishment than they were committed to the quality journalism that had contributed to the upheavals of the 1960s and 1970s.” The same happened at the Associated Press (AP), where Parry had attempted, with limited success, to dig into the Reagan administration’s Central American policies, policies that would eventually crystallize into the Iran-Contra scandal (see May 5, 1987). Few newspapers followed the lead of AP reporters such as Parry and Brian Barger until late 1986, when the Hasenfus air crash provided a news story that editors could no longer ignore (see October 5, 1986). But, Parry says, by the time of the Iran-Contra hearings, few news providers, including the Associated Press, had the stomach for another scandal that might result in another impeachment, particularly in light of the relentless pressure coming from the Reagan administration and its proxies. By June 1990, Parry says he understood “the concept of ‘perception management’ had carried the day in Washington, with remarkably little resistance from the Washington press corps.… Washington journalists had reverted to their pre-Vietnam, pre-Watergate inability to penetrate important government secrets in a significant way.” The process accelerated after 9/11, Parry says: “[M]any journalists reverted back their earlier roles as stenographers to power. They also became cheerleaders for a misguided war in Iraq. Indeed, you can track the arc of modern American journalism from its apex at the Pentagon Papers and Watergate curving downward to that center point of Iran-Contra before reaching the nadir of Bush’s war in Iraq. Journalists found it hard even to challenge Bush when he was telling obvious lies. For instance, in June 2003, as the search for WMD came up empty, Bush began to tell reporters that he had no choice but to invade because Saddam Hussein had refused to let UN inspectors in. Though everyone knew that Hussein had let the inspectors in and that it was Bush who had forced them to leave in March 2003, not a single reporter confronted Bush on this lie, which he repeated again and again right through his exit interviews in 2008” (see November 2002-March 2003, November 25, 2002, December 2, 2002, December 5, 2002, January 9, 2003, March 7, 2003, and March 17, 2003).
The Wikileaks Era and the 'Fawning Corporate Media' - Parry says that now, the tough-minded independent media has been all but supplanted by what former CIA analyst Ray McGovern calls the “Fawning Corporate Media.” This has increased public distrust of the media, which has led to people seeking alternative investigative and reporting methods. Parry comments that much of the real investigative journalism happening now is the product of non-professionals working outside the traditional media structure, such as Wikileaks (see February 15, 2007, 2008, and April 18, 2009). However, the independent media have not demonstrated they can reach the level of influence of institutions like the Washington Post and the New York Times. “[I]f we were assessing how well the post-Watergate CIA-style covert operation worked,” Parry says, “we’d have to conclude that it was remarkably successful. Even after George W. Bush took the United States to war in Iraq under false pretenses and even after he authorized the torture of detainees in the ‘war on terror,’ no one involved in those decisions has faced any accountability at all. When high-flying Wall Street bankers brought the world’s economy to its knees with risky gambles in 2008, Western governments used trillions of dollars in public moneys to bail the bankers out. But not one senior banker faced prosecution.… Another measure of how the post-Watergate counteroffensive succeeded would be to note how very well America’s oligarchy had done financially in the past few decades. Not only has political power been concentrated in their hands, but the country’s wealth, too.… So, a sad but—I think—fair conclusion would be that at least for the time being, perception management has won out over truth. But the struggle over information and democracy has entered another new and unpredictable phase.” [Consortium News, 5/15/2012]

Entity Tags: Fox News, David Koch, Washington Post, William Casey, William Simon, Central Intelligence Agency, Associated Press, The New Republic, Sun Myung Moon, Walter Raymond, Jr, Ronald Reagan, New York Times, George W. Bush, George Herbert Walker Bush, Rupert Murdoch, Robert Parry, Ray McGovern, Robert M. Gates, Olin Foundation, Charles Koch, Richard Mellon Scaife

Timeline Tags: Domestic Propaganda

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