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Profile: Richard Shelby
Richard Shelby was a participant or observer in the following events:
Senators Dianne Feinstein (D-CA) and Richard Shelby (R-AL), both future members of the 9/11 Congressional Inquiry, appear on CNN’s “Late Edition with Wolf Blitzer,” and warn of potential attacks by bin Laden. Feinstein says, “One of the things that has begun to concern me very much as to whether we really have our house in order, intelligence staff have told me that there is a major probability of a terrorist incident within the next three months.” [CNN, 3/2002]
Richard Shelby (R-AL), the ranking Republican on the Senate Intelligence Committee, leaks highly classified information to Fox News political correspondent Carl Cameron just minutes after his committee learns it in a closed-door hearing with NSA Director Michael Hayden, according to later testimony. Shelby learns that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack, but the agency failed to translate the intercepts until September 12, the day after the 9/11 attacks (see September 10, 2001). Cameron does not report the story, but instead gives the material to CNN reporter Dana Bash. A half-hour after Cameron’s meeting with Bash, CNN broadcasts the story, citing “two Congressional sources” in its report. CNN does not identify Shelby as a source. Moments after the broadcast, a CIA official upbraids committee members who have by then reconvened to continue the hearing. USA Today and the Washington Post publish more detailed stories on the NSA intercepts the next day. White House and intelligence community officials will quickly claim that the leak proves Congress cannot be trusted with classified information, but experts in electronic surveillance will later say the information about the NSA’s intercepts contains nothing harmful because it does not reveal the source of the information or the methods used to gather it. [Washington Post, 8/5/2004; National Journal, 2/15/2007] The next day, a furious Vice President Dick Cheney will threaten Senator Bob Graham (D-FL) with termination of the White House’s cooperation with the 9/11 Congressional inquiry unless Graham and his House Intelligence Committee counterpart, Porter Goss (R-FL), push for an investigation (see June 20, 2002). Shelby will deny any involvement in the leak (see August 5, 2004).
Entity Tags: National Security Agency, Carl Cameron, CNN, Daniel Robert (“Bob”) Graham, Al-Qaeda, Dana Bash, Michael Hayden, Richard Shelby, Senate Intelligence Committee, USA Today, Washington Post, Porter J. Goss, Richard (“Dick”) Cheney, Fox News
Timeline Tags: Complete 911 Timeline, Civil Liberties
Vice President Dick Cheney phones Senate Intelligence Committee chairman Bob Graham (D-FL). Cheney’s call comes early in the morning, and Graham takes it while still shaving. Cheney is agitated; he has just read in the newspaper that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack. But, the story continues, the intercepts were not translated until September 12, the day after the 9/11 attacks (see September 10, 2001). Cheney is enraged that someone leaked the classified information from the NSA intercepts to the press. As a result, Cheney says, the Bush administration is considering terminating all cooperation with the joint inquiry by the Senate and House Intelligence Committees on the government’s failure to predict and prevent the attacks (see September 18, 2002). (Graham co-chairs the inquiry.) Classified records would no longer be made available to the committees, and administration witnesses would not be available for interviews or testimony. Furthermore, Cheney says, unless the committee leaders take action to find out who leaked the information, and more importantly, take steps to ensure that such leaks never happen again, President Bush will tell the citizenry that Congress cannot be trusted with vital national security secrets. “Take control of the situation,” Cheney tells Graham. The senator responds that he, too, is frustrated with the leaks, but Cheney is unwilling to be mollified.
Quick Capitulation - At 7:30 a.m., Graham meets with the chairman of the House Intelligence Committee, Porter Goss (R-FL), and the ranking members of the committees, Senator Richard Shelby (R-AL, who will later be accused of leaking the information) and Nancy Pelosi (D-CA). They decide to request that the Justice Department conduct a criminal inquiry into whether anyone on either committee, member or staffer, leaked the information to the press. One participant in the meeting later says, “It was a hastily made decision, made out of a sense of panic… and by people with bleary eyes.” Another person involved in the decision later recalls: “There was a real concern that any meaningful oversight by Congress was very much at stake. The political dynamic back then—not that long after September 11—was completely different. They took Cheney’s threats very seriously.” In 2007, reporter Murray Waas will observe that Cheney and other administration officials saw the leak “as an opportunity to undercut Congressional oversight and possibly restrict the flow of classified information to Capitol Hill.”
Graham: Congress Victimized by White House 'Set Up' - In 2007, after his retirement from politics, Graham will say: “Looking back at it, I think we were clearly set up by Dick Cheney and the White House. They wanted to shut us down. And they wanted to shut down a legitimate Congressional inquiry that might raise questions in part about whether their own people had aggressively pursued al-Qaeda in the days prior to the September 11 attacks. The vice president attempted to manipulate the situation, and he attempted to manipulate us.… But if his goal was to get us to back off, he was unsuccessful.” Graham will add that Goss shared his concerns, and say that in 2003, he speculates to Goss that the White House had set them up in order to sabotage the joint inquiry; according to Graham, Goss will respond, “I often wondered that myself.” Graham will go on to say that he believes the NSA leak was not only promulgated by a member of Congress, but by White House officials as well; he will base his belief on the fact that Washington Post and USA Today reports contain information not disclosed during the joint committee hearing. “That would lead a reasonable person to infer the administration leaked as well,” he will say, “or what they were doing was trying to set us up… to make this an issue which they could come after us with.”
White House Goes Public - The same day, White House press secretary Ari Fleischer tells reporters, “The president [has] very deep concerns about anything that would be inappropriately leaked that could… harm our ability to maintain sources and methods and anything else that could interfere with America’s ability to fight the war on terrorism.”
Investigation Will Point to Senate Republican - An investigation by the Justice Department will determine that the leak most likely came from Shelby, but Shelby will deny leaking the intercepts, and the Senate Ethics Committee will decline to pursue the matter (see August 5, 2004). [National Journal, 2/15/2007]
Entity Tags: National Security Agency, George W. Bush, Bush administration (43), Daniel Robert (“Bob”) Graham, Ari Fleischer, House Intelligence Committee, Nancy Pelosi, Senate Ethics Committee, Senate Intelligence Committee, Richard Shelby, Richard (“Dick”) Cheney, Porter J. Goss, US Department of Justice, Murray Waas
Timeline Tags: Complete 911 Timeline, Civil Liberties
Senator Richard Shelby.
[Source: US Senate]The Washington Post reveals that FBI agents have questioned nearly all 37 senators and congresspeople making up the 9/1 Congressional Inquiry about 9/11-related information leaks. In particular, in June 2002 the media reported that the day before 9/11 the NSA intercepted the messages “The match is about to begin” and “Tomorrow is zero hour”(see September 10, 2001). The FBI has asked the members to submit to lie detector tests but most have refused. Congresspeople express “grave concern” for this historically unprecedented move. A law professor states: “Now the FBI can open dossiers on every member and staffer and develop full information on them. It creates a great chilling effect on those who would be critical of the FBI.” [Washington Post, 8/2/2002] Senator John McCain (R-AZ) suggests that “the constitutional separation of powers is being violated in spirit if not in the letter. ‘What you have here is an organization compiling dossiers on people who are investigating the same organization. The administration bitterly complains about some leaks out of a committee, but meanwhile leaks abound about secret war plans for fighting a war against Saddam Hussein. What’s that about? There’s a bit of a contradiction here, if not a double standard.’” [Washington Post, 8/3/2002] Later the search for the source of the leak intensifies to unprecedented levels as the FBI asks 17 senators to turn over phone records, appointment calendars, and schedules that would reveal their possible contact with reporters. [Washington Post, 8/24/2002] Most, if not all, turn over the records, even as some complain that the request breaches the separation of powers between the executive and legislative branches. One senator says the FBI is “trying to put a damper on our activities and I think they will be successful.” [Associated Press, 8/29/2002] In January 2004, it will be reported that the probe is focusing on Sen. Richard Shelby (R-AL). He will not be charged with any crime relating to the leak. [Washington Post, 1/22/2004] In November 2005, the Senate Ethics Committee will announce it has dropped a probe of Shelby, citing insufficient evidence. [Reuters, 11/13/2005] Inquiry co-chair Sen. Bob Graham (D-FL) will write in a book in late 2004 that, at the time, he guessed “the leak was intended to sabotage [the inquiry’s] efforts. I am not by nature a conspiracy theorist, but the fact that we were hit with this disclosure at the moment we began to make things uncomfortable for the Bush administration has stuck with me. Over a year later, I asked [inquiry co-chair] Congressman [Porter] Goss (R-FL) whether he thought we had been set up. Nodding, he replied, ‘I often wonder that myself.’” [Graham and Nussbaum, 2004, pp. 140] Author Philip Shenon will observe that this tactic of intimidation worked, as “Members of the joint committee and their staffs were frightened into silence about the investigation.” [Shenon, 2008, pp. 55]
Richard Shelby of Alabama, the ranking Republican on the Senate Intelligence Committee, expresses doubts that the committee’s 9/11 Congressional Inquiry will be able to accomplish anything, and he supports an independent investigation. “Time is not on our side,” he says, since the investigation has a built-in deadline at the end of 2002. “You know, we were told that there would be cooperation in this investigation, and I question that. I think that most of the information that our staff has been able to get that is real meaningful has had to be extracted piece by piece.” He adds that there is explosive information that has not been publicly released. “I think there are some more bombs out there… I know that.”
[New York Times, 9/10/2002]
Newsweek reports that hijackers Nawaf Alhazmi and Khalid Almihdhar may have received money from Saudi Arabia’s royal family through two Saudis, Omar al-Bayoumi and Osama Basnan. Newsweek bases its report on information leaked from the 9/11 Congressional Inquiry in October. [Newsweek, 11/22/2002; Newsweek, 11/22/2002; New York Times, 11/23/2002; Washington Post, 11/23/2003] Al-Bayoumi is in Saudi Arabia by this time. Basnan was deported to Saudi Arabia just five days earlier. Saudi officials and Princess Haifa immediately deny any connections to Islamic militants. [Los Angeles Times, 11/24/2002] Newsweek reports that while the money trail “could be perfectly innocent… it is nonetheless intriguing—and could ultimately expose the Saudi government to some of the blame for 9/11…” [Newsweek, 11/22/2002] Some Saudi newspapers, which usually reflect government thinking, claim the leak is blackmail to pressure Saudi Arabia into supporting war with Iraq. [MSNBC, 11/27/2002] Senior US government officials claim the FBI and CIA failed to aggressively pursue leads that might have linked the two hijackers to Saudi Arabia. This causes a bitter dispute between FBI and CIA officials and the intelligence panel investigating the 9/11 attacks. [New York Times, 11/23/2002] A number of senators, including Richard Shelby (R-AL), John McCain (R-AZ), Mitch McConnell (R-KY), Joseph Lieberman (D-CT), Bob Graham (D-FL), Joseph Biden (D-DE), and Charles Schumer (D-NY), express concern about the Bush administration’s action (or non-action) regarding the Saudi royal family and its possible role in funding Islamic militants. [Reuters, 11/24/2002; New York Times, 11/25/2002] Lieberman says, “I think it’s time for the president to blow the whistle and remember what he said after September 11—you’re either with us or you’re with the al-Qaeda.” [ABC News, 11/25/2002] FBI officials strongly deny any deliberate connection between these two men and the Saudi government or the hijackers [Time, 11/24/2002] , but later even more connections between them and both entities are revealed. [US Congress, 7/24/2003 ]
Entity Tags: Joseph Biden, Joseph Lieberman, Omar al-Bayoumi, Nawaf Alhazmi, Mitch McConnell, John McCain, Khalid Almihdhar, Federal Bureau of Investigation, Bush administration (43), Charles Schumer, Saudi Arabia, Daniel Robert (“Bob”) Graham, 9/11 Congressional Inquiry, Central Intelligence Agency, Osama Basnan, Richard Shelby
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
The 9/11 Congressional Inquiry concludes its seven-month investigation of the performance of government agencies before the 9/11 attacks. A report hundreds of pages long has been written, but only nine pages of findings and 15 pages of recommendations are released at this time, and these have blacked out sections. [Los Angeles Times, 12/12/2002] After months of wrangling over what has to be classified, the final report will be released in July 2003 (see July 24, 2003). In the findings released at the present time, the inquiry accuses the Bush administration of refusing to declassify information about possible Saudi Arabian financial links to US-based Islamic militants, criticizes the FBI for not adapting into a domestic intelligence bureau after the 9/11 attacks, and says the CIA lacked an effective system for holding its officials accountable for their actions. Asked if 9/11 could have been prevented, Senator Bob Graham (D-FL), the committee chairman, gives “a conditional yes.” Graham says the Bush administration has given Americans an “incomplete and distorted picture” of the foreign assistance the hijackers may have received. [ABC News, 12/10/2002] Graham further says, “There are many more findings to be disclosed” that Americans would find “more than interesting,” and he and others express frustration that information that should be released is being kept classified by the Bush administration. [St. Petersburg Times, 12/12/2002] Many of these findings will remain classified after the inquiry’s final report is released. Senator Richard Shelby (R-AL), the vice chairman, singles out six people as having “failed in significant ways to ensure that this country was as prepared as it could have been”: CIA Director George Tenet; Tenet’s predecessor, John Deutch; former FBI Director Louis Freeh; NSA Director Michael Hayden; Hayden’s predecessor, Lieutenant General Kenneth Minihan; and former Deputy Director Barbara McNamara. [US Congress, 12/11/2002; Washington Post, 12/12/2002] Shelby says that Tenet should resign. “There have been more failures on his watch as far as massive intelligence failures than any CIA director in history. Yet he’s still there. It’s inexplicable to me.” [Reuters, 12/10/2002; PBS, 12/11/2002] But the Los Angeles Times criticizes the inquiry’s plan of action, stating, “A list of 19 recommendations consists largely of recycled proposals and tepid calls for further study of thorny issues members themselves could not resolve.” [Los Angeles Times, 12/12/2002]
Entity Tags: John Deutch, George J. Tenet, Michael Hayden, Louis J. Freeh, Richard Shelby, Saudi Arabia, Federal Bureau of Investigation, Daniel Robert (“Bob”) Graham, Kenneth Minihan, Bush administration (43), Central Intelligence Agency, 9/11 Congressional Inquiry, Barbara McNamara
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Richard Ben-Veniste. [Source: C-SPAN]The 10 members of the new 9/11 Commission are appointed by this date, and are: Republicans Thomas Kean (chairman), Slade Gorton, James Thompson, Fred Fielding, and John Lehman, and Democrats Lee Hamilton (vice chairman), Max Cleland, Tim Roemer, Richard Ben-Veniste, and Jamie Gorelick. [Chicago Tribune, 12/12/2002; Associated Press, 12/16/2002; New York Times, 12/17/2002] Senators Richard Shelby (R-AL) and John McCain (R-AZ) had a say in the choice of one of the Republican positions. They and many 9/11 victims’ relatives wanted former Senator Warren Rudman (R-NH), who co-wrote an acclaimed report about terrorism before 9/11 (see January 31, 2001). But, possibly under pressure from the White House, Senate Republican leader Trent Lott (R-MS) blocked Rudman’s appointment and chose John Lehman instead. [St. Petersburg Times, 12/12/2002; Associated Press, 12/13/2002; Reuters, 12/16/2002; Shenon, 2008, pp. 55-56] It will slowly emerge over the next several months that at least six of the 10 commissioners have ties to the airline industry. [CBS News, 3/5/2003] Henry Kissinger (see December 13, 2002) and his replacement Thomas Kean (see December 16, 2002) both caused controversy when they were named. In addition, the other nine members of the Commission are later shown to all have potential conflicts of interest. Republican commissioners:
Fred Fielding also works for a law firm lobbying for Spirit Airlines and United Airlines. [Associated Press, 2/14/2003; CBS News, 3/5/2003]
Slade Gorton has close ties to Boeing, which built all the planes destroyed on 9/11, and his law firm represents several major airlines, including Delta Air Lines. [Associated Press, 12/12/2002; CBS News, 3/5/2003]
John Lehman, former secretary of the Navy, has large investments in Ball Corp., which has many US military contracts. [Associated Press, 3/27/2003]
James Thompson, former Illinois governor, is the head of a law firm that lobbies for American Airlines and has previously represented United Airlines. [Associated Press, 1/31/2003; CBS News, 3/5/2003] Democratic commissioners:
Richard Ben-Veniste represents Boeing and United Airlines. [CBS News, 3/5/2003] He also has other curious connections, according to a 2001 book on CIA ties to drug running written by Daniel Hopsicker, which has an entire chapter called “Who is Richard Ben-Veniste?” Lawyer Ben-Veniste, Hopsicker says, “has made a career of defending political crooks, specializing in cases that involve drugs and politics.” He has been referred to in print as a “Mob lawyer,” and was a long-time lawyer for Barry Seal, one of the most famous drug dealers in US history who is also alleged to have had CIA connections. [Hopsicker, 2001, pp. 325-30]
Max Cleland, former US senator, has received $300,000 from the airline industry. [CBS News, 3/5/2003]
James Gorelick is a director of United Technologies, one of the Pentagon’s biggest defense contractors and a supplier of engines to airline manufacturers. [Associated Press, 3/27/2003]
Lee Hamilton sits on many advisory boards, including those to the CIA, the president’s Homeland Security Advisory Council, and the US Army. [Associated Press, 3/27/2003]
Tim Roemer represents Boeing and Lockheed Martin. [CBS News, 3/5/2003]
Entity Tags: American Airlines, Fred F. Fielding, Jamie Gorelick, 9/11 Commission, James Thompson, John McCain, John Lehman, Trent Lott, Richard Shelby, Lee Hamilton, Richard Ben-Veniste, United Airlines, Warren Rudman, Slade Gorton, Tim Roemer, Max Cleland
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Saudi Foreign Minister Saud al-Faisal after meeting Bush over the 9/11 Congressional Inquiry’s report. [Source: Associated Press]In the wake of the release of the 9/11 Congressional Inquiry’s final report, pressure builds to release most of the still-censored sections of the report, but on this day President Bush says he is against the idea. [Associated Press, 7/29/2003; New York Times, 7/29/2003] Through an obscure rule, the Senate could force the release of the material with a majority vote [USA Today, 5/29/2003] , but apparently the number of votes in favor of this idea falls just short. MSNBC reports that “the decision to keep the passage secret… created widespread suspicion among lawmakers that the administration was trying to shield itself and its Saudi allies from embarrassment.… Three of the four leaders of the joint congressional investigation into the attacks have said they believed that much of the material on foreign financing was safe to publish but that the administration insisted on keeping it secret.” [MSNBC, 7/28/2003] Senator Richard Shelby (R-AL), one of the main authors of the report, states that “90, 95 percent of it would not compromise, in my judgment, anything in national security.” Bush ignores a reporter’s question on Shelby’s assessment. [Associated Press, 7/29/2003] Even the Saudi government claims to be in favor of releasing the censored material so it can better respond to criticism. [MSNBC, 7/28/2003] All the censored material remains censored; however, some details of the most controversial censored sections are leaked to the media.
Citing personal reasons, CIA Director George Tenet announces he will be stepping down in the next month. President Bush praises Tenet’s service, but there is widespread agreement that significant intelligence failures occurred during his tenure, most strikingly 9/11 itself. Sources also suggest that Tenet, originally a Clinton appointee, has been made a convenient scapegoat for Bush administration intelligence failures in Iraq and elsewhere. [CNN, 6/4/2004; Independent, 6/4/2004] Tenet and the Bush administration are expecting harsh criticism from several reports expected to find serious failures in intelligence gathering and analysis related to the 9/11 attacks. Most damaging is an upcoming Senate Intelligence Committee report expected to single out the CIA for errors in its judgments before the Iraq war (see June-November 2004). Committee chairman Pat Roberts (R-KS) has warned the administration that the report will be so harsh that questions will be raised as to whether senior CIA officials should be held accountable. Tenet will be replaced by Deputy Director John McLaughlin until a replacement is named, and will eventually be replaced by Porter Goss (see September 24, 2004). A friend of Tenet’s, former Deputy Director Richard Kerr, says that Tenet “may have believed that he was hurting the president. He’s an honorable person, and he may have had that as a consideration.” Former Democratic senator David Boren, a close friend and mentor of Tenet’s, says Tenet is not leaving because of criticisms likely to be leveled at either him or the agency: “If criticism either actual or anticipated was a factor, he would have left a long time ago. It’s been months of his desiring to leave.” Bush has asked Tenet to remain in the job several times over the past few months. When Tenet told Bush of his intentions to leave on June 2, Bush asked him to stay through the end of the year. Tenet replied that summer is a natural break point and a good time for him to depart. All the camaraderie and mutual praise between the two men aside, many believe that Tenet is departing in part because he is seen as a possible political liability for Bush. Senator Richard Shelby (R-AL) says, “I don’t think there are any tears over there” in the White House over Tenet’s departure. Former Senator Bob Graham (D-FL) believes that Tenet was in some way pushed to leave. “This president has been enamored of George Tenet, and has been reluctant to hold him or anyone else accountable, and that failure was becoming a bigger and bigger liability,” he says. According to Graham, Bush announces Tenet’s resignation for his own political well-being, “under circumstances where he is at the crime scene as short as possible.” Apparently, senior White House officials such as Vice President Dick Cheney and Secretary of State Colin Powell learn of Tenet’s resignation just a few moments before it is announced to the press. Two Congressmen who knew last night of the resignation were Goss (R-FL) and John Warner (R-VA), the chairmen of the House Intelligence and Senate Armed Services Committees, respectively. [New York Times, 6/4/2004]
Entity Tags: Richard (“Dick”) Cheney, Senate Intelligence Committee, Richard Shelby, Pat Roberts, Richard Kerr, Porter J. Goss, John E. McLaughlin, George W. Bush, John W. Warner, Bush administration (43), Central Intelligence Agency, Daniel Robert (“Bob”) Graham, David Boren, Colin Powell, George J. Tenet
Timeline Tags: Complete 911 Timeline, Iraq under US Occupation
The press reports that according to a Justice Department investigation, Senator Richard Shelby (R-AL), then the ranking Republican on the Senate Intelligence Committee, leaked highly classified information to Fox News reporter Carl Cameron regarding al-Qaeda communications in the hours before 9/11 (see June 19, 2002). After Vice President Dick Cheney threatened the then-chairman of the Senate Intelligence Committee, Bob Graham (D-FL—see June 20, 2002), Graham and then-House Intelligence Committee chairman Porter Goss (R-FL) pushed for a Justice Department investigation into the leak. Though the FBI and the US Attorney’s Office conducted a probe, and even empaneled a grand jury, the Justice Department decided not to prosecute anyone, and instead turned Shelby’s name over to the Senate Ethics Committee, which will decline to pursue charges against him. Shelby states that he did not leak any classified information to anyone, and says he has never been informed of any specific allegations. The FBI demanded that 17 senators turn over phone records, appointment calendars, and schedules. One Senate Intelligence Committee staffer told the FBI that Shelby had leaked the information to show the shortcomings of the intelligence community in general and CIA Director George Tenet in particular. Though two senior Justice Department officials, then-Deputy Attorney General Larry Thompson and then-criminal division chief Michael Chertoff, refused to approve subpoenas for journalists, Cameron confirmed to FBI investigators that he was a recipient of Shelby’s leak. He also told investigators that he saw Shelby talking with CNN’s Dana Bash; after Shelby’s discussion with Bash, Cameron divulged the information Shelby had leaked to her, and CNN broadcast the story a half-hour after the conversations. Cameron told FBI agents he was irritated that Shelby had shared the same information with a competitor, and added that he delayed broadcasting the story because he wanted to ensure that he was not compromising intelligence sources and methods. Cameron was never subpoenaed and did not testify under oath. Bash refused to cooperate with the investigation. [Washington Post, 8/5/2004; National Journal, 2/15/2007]
Entity Tags: Larry D. Thompson, Dana Bash, Carl Cameron, CNN, Daniel Robert (“Bob”) Graham, Federal Bureau of Investigation, George J. Tenet, Richard (“Dick”) Cheney, US Department of Justice, Michael Chertoff, Porter J. Goss, Fox News, Richard Shelby, Senate Ethics Committee, Senate Intelligence Committee
Timeline Tags: Complete 911 Timeline, Civil Liberties
Senate Democrats try twice within a two-day period to bring the DISCLOSE Act, a campaign finance bill that would require the disclosure of the identities of political donors (see July 26-27, 2010), to the floor for a vote. If enacted, the Democracy Is Strengthened by Casting Light On Spending in Elections (DISCLOSE) Act would overturn many elements of the Supreme Court’s controversial Citizens United decision that allows virtually unlimited and anonymous political spending by corporations and other entities (see January 21, 2010). If passed, it would create new campaign finance disclosure requirements and make public the names of “super PAC” contributors (see March 26, 2010). Individuals, corporations, labor unions, and tax-exempt charitable organizations would, under the act, report to the Federal Election Commission (FEC) each time they spend $10,000 or more on campaign-related expenditures. The bill would also “prohibit foreign influence in federal elections [and] prohibit government contractors from making expenditures with respect to such elections.” Both Senate Democratic efforts are thwarted by a Republican filibuster. Democrats are unable to muster the 60 votes needed to grant “cloture,” which would break the filibuster and bring the bill to the floor to be voted up or down. The last vote supports cloture 53-45, not enough to invoke cloture; the first vote was 51-44 in favor. Senators Mark Kirk (R-IL), who is recovering from a seizure, and Richard Shelby (R-AL) do not vote. Democrats force an official recording of each senator’s vote, placing the names of senators voting for and against the bill in the public record. Democrats have tried since 2010 to pass the bill (see July 26-27, 2010). The bill, sponsored in its latest iteration by Sheldon Whitehouse (D-RI), would force unions, nonprofits, and corporate interest groups that spend $10,000 or more during an election cycle to disclose donors who give $10,000 or more. Whitehouse modified the original version of the bill to no longer require sponsors of “electioneering” ads to put a disclaimer at the end, and pushed the effective date of the bill to 2013, meaning it would not impact the 2012 presidential campaign. Whitehouse and 15 other senators take to the floor to press for its passage. “When somebody is spending the kind of money that is being spent, a single donor making, for instance, a $4 million anonymous contribution, they’re not doing that out of the goodness of their heart,” he tells the Senate. Democrats urge Republicans who have previously spoken out in favor of transparency and campaign finance reform to vote for the bill, targeting Senators Lamar Alexander (R-TN), Scott Brown (R-MA), John McCain (R-AZ), and Susan Collins (R-ME). However, none of them break ranks with their fellow Republicans. McCain, who co-authored the McCain-Feingold campaign finance bill of 2002 (see March 27, 2002) and has spoken out against the Citizens United Supreme Court decision that allows corporations and unions to anonymously spend unlimited amounts on “electioneering” activities (see January 21, 2010), refuses to join Democrats in supporting the bill. He tells the Senate before the final vote, “The American people will see it for what it is—political opportunism at its best, political demagoguery at its worst.” McCain asks Senate Democrats “to go back to the drawing board and bring back a bill that is truly fair, truly bipartisan, and requires true full disclosure for everyone.” Senate Minority Leader Mitch McConnell says the bill would “send a signal to unions that Democrats are just as eager to do their legislative bidding as ever,” and that it “amounts to nothing more than member and donor harassment and intimidation.” In his weekly press conference shortly before the floor votes, McConnell says of the bill: “This could best be described as a selective disclosure act. It has managed to generate opposition from everybody from the ACLU to [the] NRA. That’s quite an accomplishment.” Senate Majority Leader Harry Reid (D-NV) says of the bill: “[I]n a post-Citizens United world, the least we should do is require groups spending millions on political attack ads to disclose their largest donors. We owe it to voters to let them judge for themselves the attacks—and the motivations behind them.” And Ellen Miller of the Sunlight Foundation says that the Senate is “thumbing their noses at the very notion of democratic elections.” [Politico, 7/14/2012; OMB Watch, 7/24/2012] After the bill fails to pass, Reid says, “It is obvious Republicans’ priority is to protect a handful of anonymous billionaires—billionaires willing to contribute hundreds of millions of dollars to change the outcome of a close presidential contest.” [The Hill, 7/24/2012]
Entity Tags: Mitch McConnell, Harry Reid, Ellen Miller, DISCLOSE Act of 2010, John McCain, Mark Steven Kirk, Susan Collins, Lamar Alexander, US Senate, Scott Brown, Richard Shelby, Sheldon Whitehouse
Timeline Tags: Civil Liberties
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