Profile: Scott Kevin Walker
a.k.a. Scott Walker
Scott Kevin Walker was a participant or observer in the following events:
Steven Biskupic. [Source: Urban Milwaukee (.com)]US Attorney Steven M. Biskupic of Wisconsin investigates allegations that a travel firm used its influence with Governor Jim Doyle (D-WI) to improperly land a government contract (see October 19, 2005). Doyle denies any involvement with the affair and refuses to reopen bidding on the contract, saying the contract with Adelman Travel was awarded properly. Doyle also refuses to return $20,000 in donations from Adelman CEO Craig Adelman and board member Mitchell Fromstein, a decision Jay Heck of the liberal organization Common Cause says is a mistake: “You should always return money that’s in question because the longer you hang onto it, the worse it’s going to be.” Heck says transparency proposals by Doyle’s Republican opponents, Milwaukee County Executive Scott Walker (R-WI) and US Representative Mark Green (R-WI), would be of no real use. Furthermore, Heck notes, both Walker and Green have taken money from special interests along with Doyle. “All of them are taking money that at some point will compromise public policy because they have to raise so much of it and it almost all comes from special interests and it all comes with strings attached,” he says. Green accepted almost $54,000 in donations from health care insurers and pharmaceutical interests before voting for a controversial, industry-supported Medicare prescription drug benefit in 2003. [Milwaukee Journal-Sentinel, 10/21/2005]
Georgia Thompson. [Source: Truth in Justice (.org)]Georgia Thompson, the supervisor of Wisconsin’s state government travel spending (see 2001), is indicted by a federal grand jury. She is charged with manipulating the bid process on a state travel contract, intending to “cause political advantage for her supervisors” (see October 19, 2005 and October 2005). The indictment also says her actions “were intended to help her job security.” If convicted, Thompson could receive up to 20 years in prison. The grand jury probed a contract Thompson and the state’s purchasing division awarded to Adelman Travel, whose executives have made $20,000 in campaign contributions to Governor Jim Doyle (D-WI). Doyle was not interviewed by the jury and denies any involvement in the contract award process. The jury was convened by US Attorney Steven Biskupic. Investigators say Thompson was not fully cooperative with their probe, and some witnesses have told the jury that Thompson pushed for Adelman to receive the contract over another bidder, Omega World Travel. The travel bidding affair has become something of a political football, with Wisconsin Republicans using it to accuse Doyle of corruption. Milwaukee County Executive Scott Walker (R-WI), expected to challenge Doyle for the governor’s office in 2006, says that Doyle’s administration “condoned unethical and illegal behavior.… Today’s indictment provides further confirmation that the Doyle administration is damaged and must be removed from the Capitol. Jim Doyle’s political connections to this aide are, without question, mentioned as a defining piece of the evidence used to bring forth this indictment.” Another Republican challenger, Representative Mark Green (R-WI), says electing him would help restore the public’s confidence in elected officials: “The Doyle administration’s ethical lapses have cast a cloud over state government that grows darker and darker each day.” Department of Administration Secretary Stephen Bablitch says there is no evidence that Adelman Travel was awarded the contract improperly. [Milwaukee Journal-Sentinel, 1/21/2006; Milwaukee Journal-Sentinel, 1/24/2006; Milwaukee Journal-Sentinel, 1/27/2006]
Carlos F. Lam, during a video conference. [Source: Wisconsin Center for Investigative Journalism]Carlos F. Lam, a Republican deputy prosecutor and party activist from Johnson County, Indiana, sends an email to Wisconsin Governor Scott Walker (R-WI) suggesting that Walker and an aide set up what Lam calls a “‘false flag’ operation” to fake a physical attack on Walker by a union member. Teachers, union members, and thousands of others are protesting Walker’s attempts to strip most collective bargaining rights from public employees. Lam writes that the situation presents “a good opportunity for what’s called a ‘false flag’ operation. If you could employ an associate who pretends to be sympathetic to the unions’ cause to physically attack you (or even use a firearm against you), you could discredit the unions.” Lam continues: “Currently, the media is painting the union protest as a democratic uprising and failing to mention the role of the DNC [Democratic National Committee] and umbrella union organizations in the protest. Employing a false flag operation would assist in undercutting any support that the media may be creating in favor of the unions.” Lam will eventually admit to writing the email and resign his position with Johnson County. [Wisconsin Watch, 3/24/2011; Indianapolis Star, 3/25/2011]
Contents of Lam's Email - Lam’s entire email to Walker reads: “This Hoosier public employee is asking that you stay strong and NOT cave in to union demands! The way that government works has to change, and—by all appearances—that must begin in WI [Wisconsin]. We cannot have public unions hold the taxpayer hostage with their outrageous demands. As an aside, I’ve been involved in GOP politics here in Indiana for 18 years, and I think that the situation in WI presents a good opportunity for what’s called a ‘false flag’ operation. If you could employ an associate who pretends to be the unions’ cause to physically attack you (or even use a firearm against you), you could discredit the public unions. Currently, the media is painting the union protest as a democratic uprising and failing to mention the role of the DNC and umbrella union organizations in the protest. Employing a false flag operation would assist in undercutting any support that the media may be creating in favor of the unions. God bless, Carlos F. Lam.” [Wisconsin Watch, 2/19/2011]
Initial Denials, Claims that Email Account Hacked - Walker’s office denies ever receiving the email, though the email is turned over from the governor’s office. Cullen Werwie, Walker’s press secretary, issues a statement reading: “Certainly we do not support the actions suggested in [the] email. Governor Walker has said time and again that the protesters have every right to have their voice heard, and for the most part the protests have been peaceful. We are hopeful that the tradition will continue.” Lam initially denies sending the email, saying he was shopping with his family when the email was sent, and claims his Hotmail email account has been hacked. Subsequent examination of the email’s headers conclude that the email was sent from Indianapolis. “I am flabbergasted and would never advocate for something like this,” Lam tells reporters, “and would like everyone to be sure that that’s just not me.” Of Walker, Lam says: “I think he’s trying to do what he has to do to get his budget balanced. But jeez, that’s taking it a little bit to the extreme. Jeez!” Lam tells reporters he intends to file a police report later in the week. Walker’s email is released to the press as part of an open-records lawsuit settlement. Madison, Wisconsin police chief Noble Wray says that both he and Madison Mayor Dave Cieslewicz are troubled by the email. “I find it very unsettling and troubling that anyone would consider creating safety risks for our citizens and law enforcement officers,” Wray says. Lam’s boss, Johnson County prosecutor Brad Cooper, defends Lam, saying, “Whether there’s rules of professional conduct that apply or not is irrelevant, because he didn’t send it.” [Wisconsin Watch, 3/24/2011]
Lam Admits to Sending Email, Resigns - After the Wisconsin Center for Investigative Journalism publishes a story about the email, and Lam issues his denials, he calls Cooper and tells him he will resign. According to Cooper, Lam told him he had been up all night thinking about it: “He wanted to come clean, I guess, and said he is the one who sent that email,” says Cooper. Lam comes into the office that morning and delivers his resignation verbally. After reviewing Lam’s email, criminal defense lawyer Erik Guenther says that if Lam was actively involved in devising such a scheme, he could be held accountable for conspiracy to obstruct justice, “but an unsolicited and idiotic suggestion itself probably is not a crime.” Madison criminal defense lawyer Michael Short says that if Lam wrote the email, he should be investigated for a possible breach of the Indiana Rules of Professional Conduct, for “suggesting that officials in the Walker administration commit a felony,” namely, misconduct in public office. Those rules state that “conduct involving dishonesty, fraud, deceit or misrepresentation” amount to professional misconduct. They are the rules to which lawyers are held accountable by the Indiana lawyer discipline system. However, Cooper says he has no intentions of launching any investigation into Lam’s conduct. Cooper issues a brief statement announcing Lam’s resignation over what the statement calls a “foolish suggestion.” [Wisconsin Watch, 3/24/2011; Brad Cooper, 3/24/2011 ; Indianapolis Star, 3/25/2011]
Lam Disparaged Unions in Previous Postings - Lam, who shuts his Facebook and other social media accounts down after the email is revealed to the public, made one Web posting that called Indiana “an unsustainable public worker gravy train bubble.” In another posting, Lam wrote that “unions & companies that feed at the gov’t trough will fight tooth & nail against anything that un-feathers their nests.” His Facebook profile reads that he believes in “guns, gold and gasoline.” [Wisconsin Watch, 3/24/2011]
Entity Tags: Dave Cieslewicz, Democratic National Committee, Cullen Werwie, Michael Short, Brad Cooper, Wisconsin Center for Investigative Journalism, Noble Wray, Erik Guenther, Scott Kevin Walker, Carlos F. Lam
Timeline Tags: Alleged Use of False Flag Attacks, Domestic Propaganda
Tea party activist Mark Williams, who resigned from the Tea Party Express for racially inflammatory comments (see July 14, 2010, July 15, 2010, July 17-18, 2010, and July 19-23, 2010) and who now heads a tea party-affiliated political action committee (see August 6, 2010), declares on his blog, “MarkTalk,” that he intends to “infiltrate” the ranks of protesters in Madison, Wisconsin, and Sacramento, California, and “expose” them as “goons.” He calls for volunteers to join him. Williams writes that he wants to infiltrate the ranks of Wisconsin protesters who have taken to the streets of Madison to protest Governor Scott Walker (R-WI) and his attempts to cripple the ability of unions to organize among public sector workers. Williams says he and his prospective fellows will dress up like members of the Service Employees International Union (SEIU): “[W]e are going to target the many TV cameras and reporters looking for comments from the members there… we will approach the cameras to make good pictures… signs under our shirts that say things like ‘screw the taxpayer!’ and ‘you OWE me!’ to be pulled out for the camera (timing is important because the signs will be taken away from us)… we will echo those slogans in angry sounding tones to the cameras and the reporters.” Williams later updates his blog post to report that tea partiers in several other states have called him to share “their own creative ruses” for embarrasing the union demonstrators. “Several have also reminded me that we have a distinct advantage in that the SEIU primarily represents non-English speaking illegal aliens so we will be the ones whose comments will make air!!!!” he writes, and continues: “Our goal is to make the gathering look as greedy and goonish as we know that it is, ding their credibility with the media, and exploit the lazy reporters who just want dramatic shots and outrageous quotes for headlines. Even if it becomes known that we are plants the quotes and pictures will linger as defacto truth.” The progressive magazine Mother Jones, reporting on the blog post, writes: “Thus far, demonstrations and counterdemonstrations in Madison, Wisconsin, have been peaceful.… Anti-union protesters, led by media mogul Andrew Breitbart, GOP presidential candidate Herman Cain, and ‘Joe the Plumber,’ largely fizzled after a rally on Saturday. And the image of union workers that Williams seeks to portray seems to run uphill against the images of the employees’ leaders seen thus far. But as labor disputes spread to other states, it remains to be seen whether tactics like those proposed by Williams will be effective in embarassing the public employees… or embarrasing the tea party ‘plants’ themselves.” [Mother Jones, 2/20/2011] Sometime after the press begins reporting on Williams’s blog post, the post disappears from the blog.
Rolling Stone reporter Ari Berman writes that Republican lawmakers across the nation have launched “an unprecedented, centrally coordinated campaign to suppress the elements of the Democratic vote that helped elect Barack Obama in 2008. Just as Dixiecrats once used poll taxes and literacy tests to bar black Southerners from voting, a new crop of GOP governors and state legislators has passed a series of seemingly disconnected measures that could prevent millions of students, minorities, immigrants, ex-convicts and the elderly from casting ballots.” The initiative is ostensibly to counter the “epidemic” of “voter fraud” that Republicans insist is not only plaguing the nation, but affecting the outcome of elections. (In 2007, the Brennan Center released a report that found the instance of voter fraud vanishingly small, and concluded that more people die by lightning strikes than commit voter fraud—see 2007). Judith Browne-Dianis of the Advancement Project tells Berman, “What has happened this year is the most significant setback to voting rights in this country in a century.” As far back as 1980, powerful Republican operative Paul Weyrich told evangelical leaders: “I don’t want everybody to vote. As a matter of fact, our leverage in the elections quite candidly goes up as the voting populace goes down.” In 2010, the American Legislative Exchange Council (ALEC), a group founded by Weyrich and funded in part by the billionaire Koch brothers (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011), began working to disenfranchise hundreds of thousands, perhaps millions, of legitimate voters, almost of all identified as being part of ethnic or gender groups that are more likely to vote Democratic. Thirty-eight states have submitted legislation designed to impede voting “at almost every step of the electoral process.”
Requiring Proof of Citizenship - Kansas and Alabama now require would-be voters to show proof of US citizenship before being allowed to vote.
Impeding Voter Registration - Florida and Texas have passed legislation making it more difficult for groups like the League of Women Voters, an organization widely considered to lean Democratic, to register new voters. Maine repealed same-day registration, which had been in effect since 1973 and had worked to significantly increase voter participation. The Florida legislature passed a law requiring groups to hand in voter registration forms within 48 hours of collection, and imposed what Berman calls “a barrage of onerous, bureaucratic requirements” and serious criminal penalties for those who fail to comply. As a result, many people who once volunteered to help register voters are afraid to do so again. The League of Women Voters says it will no longer operate in Florida, and called Florida’s efforts “good old-fashioned voter suppression.” The Florida statute took effect one day after its passage, under an emergency statute designed for “an immediate danger to the public health, safety or welfare.” Since 2009, Florida has arrested a total of three people for suspected voter fraud. Republican state senator Mike Fasano, one of the few in his party to oppose the restrictions on registrations, says, “No one could give me an example of all this fraud they speak about.”
Curbing Early Voting - Florida, Georgia, Ohio, Tennessee, and West Virginia have cut short early-voting periods. Six states have moved to impose new restrictions on voter registration drives. In 2004, then-Florida governor Jeb Bush (R-FL) said he thought early voting was “great.… It’s another reform we added that has helped provide access to the polls and provide a convenience. And we’re going to have a high voter turnout here, and I think that’s wonderful.” However, his successor Rick Scott (R-FL) does not agree, and neither do most Republicans. After analysis showed what a benefit early voting was for Obama’s numbers, early voting became a key target. Florida has cut early voting days from 14 to 8 days. Ohio, where early voting numbers gave Obama a narrow victory in 2008, has cut its early voting days from 35 to 11, with only limited hours on weekends. Both states have banned voting on the Sunday before elections, when many black churches historically mobilize their constituents. The Early Voting Information Center at Reed College states, “There is no evidence that any form of convenience voting has led to higher levels of fraud.”
Denying Convicted Felons the Right to Vote - Florida and Iowa have passed laws denying convicted felons the right to vote, disenfranchising thousands of previously eligible voters even if they have already served their sentences and have returned to society. Former Florida Governor Charlie Crist (R-FL) restored the voting rights of 154,000 felons convicted of non-violent crimes. In March 2011, after 30 minutes of public debate, Governor Scott overturned that decision, instantly disenfranchising almost 98,000 citizens and prohibiting another 1.1 million convicts from being allowed to vote after they are released from prison. Former President Bill Clinton asked in July: “Why should we disenfranchise people forever once they’ve paid their price? Because most of them in Florida were African-Americans and Hispanics and would tend to vote for Democrats—that’s why.” Iowa Governor Terry Branstad (R-IA) recently took a similar action, overturning his predecessor’s decision to restore voting rights to some 100,000 ex-felons. Until recent years, Iowa saw up to five percent of its residents ineligible to vote, including 33 percent of its African-American residents. Florida, Iowa, Kentucky, and Virginia require former felons to apply for the right to vote to be restored.
Voter Identification - Six states—Alabama, Kansas, South Carolina, Tennessee, Texas, and Wisconsin, all controlled by Republican governors and legislatures—have passed laws requiring an official government ID to cast a ballot. Berman notes that some 10 percent of US citizens lack such identification, and the number of young and black voters, groups that traditionally lean Democratic, are much higher. The turn towards voter ID requirements began in 2008, when the US Supreme Court upheld an Indiana photo-ID requirement even though state lawyers could not produce a single instance of the kind of voter fraud that photo ID laws are designed to prevent. After the ruling, ALEC orchestrated a nationwide move towards photo ID requirements. ALEC wrote draft legislation for Republican legislators based on Indiana’s ID requirement. Five of the states that passed those laws had their legislation submitted by legislators who belong to ALEC. Heather Smith, president of the voter-registration group Rock the Vote, says: “We’re seeing the same legislation being proposed state by state by state. And they’re not being shy in any of these places about clearly and blatantly targeting specific demographic groups, including students.” In Texas, the Republican-dominated legislature passed “emergency” legislation that was signed into law by Governor Rick Perry saying that a concealed-weapons permit is acceptable ID, but a college ID is not. Republicans in Wisconsin effectively disenfranchised every college student by requiring that acceptable IDs contain information that no colleges put on their IDs. Dane County board supervisor Analiese Eicher says, “It’s like creating a second class of citizens in terms of who gets to vote.” In Wisconsin, for example, about half of African- and Hispanic-American citizens do not have a driver’s license, and the state has an extremely small number of Department of Motor Vehicles (DMV) offices—some of which are only open one day a month. Governor Scott Walker (R-WI) attempted to close 16 DMV offices, all in heavily Democratic-voting areas. Berman notes, “Walker planned to close a DMV in Fort Atkinson, a liberal stronghold, while opening a new office 30 minutes away in the conservative district of Watertown.” Democratic governors in five states—Minnesota, Missouri, Montana, New Hampshire, and North Carolina—have all vetoed ID laws. Voters in Mississippi and Montana are considering ballot initiatives requiring voter IDs. Legislation is currently pending in Pennsylvania. Perhaps the most restrictive law was signed into effect by South Carolina Governor Nikki Haley (R-SC). Voters must have a free state ID to vote—but they must pay for a passport or birth certificate. Brown-Dianis says, “It’s the stepsister of the poll tax.” Many elderly black residents who were born at home in the segregated South and were never issued birth certificates can no longer vote unless they go to family court to prove their identity.
Significant Impact on 2012 Voting - Berman writes that when these measures are taken in the aggregate, the turnout of Democrats to the 2012 votes will be significantly smaller, perhaps enough to throw races to Republican candidates. In July, Clinton told a group of student activists: “One of the most pervasive political movements going on outside Washington today is the disciplined, passionate, determined effort of Republican governors and legislators to keep most of you from voting next time. Why is all of this going on? This is not rocket science. They are trying to make the 2012 electorate look more like the 2010 electorate than the 2008 electorate.” Clinton was referring to the 2010 elections, widely considered a Republican “wave” election in part because of far smaller turnouts among young and minority voters than in 2008, and because of a large number of “tea party” voters. Clinton added, “There has never been in my lifetime, since we got rid of the poll tax and all the Jim Crow burdens on voting, the determined effort to limit the franchise that we see today.”
Cracking Down on Voter Fraud? - Republicans insist that voter fraud is rampant in America. Since George W. Bush took office in 2001 after losing the popular vote (see 9:54 p.m. December 12, 2000), his administration made “voter fraud” a top priority for Justice Department prosecutors. In 2006, the DOJ fired two US Attorneys who refused to prosecute patently fraudulent voter fraud allegations. Bush advisor Karl Rove called voter fraud “an enormous and growing problem.” He told the Republican National Lawyers Association that America is “beginning to look like we have elections like those run in countries where the guys in charge are colonels in mirrored sunglasses.” The Republicans successfully destroyed the community activism group ACORN (Association of Community Organizations for Reform Now) after false allegations were made that it was, as Berman writes, “actively recruiting armies of fake voters to misrepresent themselves at the polls and cast illegal ballots for the Democrats.” A massive DOJ probe in 2006 and 2007 failed to prosecute a single person for intentionally impersonating another person at the polls, an action that the DOJ claimed was at the heart of the voter fraud investigation. Eighty-six cases of voter fraud did win convictions, but most of those were immigrants and former felons who did not intentionally cast illegal votes. An enormous investigation in Wisconsin resulted in 0.0007 percent of the electorate being prosecuted for voter fraud. And the Brennan Center report found the instance of voter fraud in America extraordinarily small (see 2007).
Voter Fraud Allegations Dog Obama Victory - Republican lawmakers and activists made a raft of allegations after the November 2008 elections that placed the White House in the hands of Barack Obama (D-IL). The 29 states that register voter affiliation showed a roughly 2-1 increase in new Democratic voters over Republicans for 2008, and Obama won almost 70 percent of those votes. Election reform expert Tova Wang says flatly, “This latest flood of attacks on voting rights is a direct shot at the communities that came out in historic numbers for the first time in 2008 and put Obama over the top.” Berman cites Kansas Secretary of State Kris Kobach as emblematic of the Republican pushback against the Obama victory. Kobach is a former Bush-era Justice Department advisor who helped push through his state’s requirement that every voter prove his or her citizenship, ignoring the fact that Kansas has prosecuted exactly one case of voter fraud since 2006. Kobach used fear of illegal immigrants to help push his requirement through, stating without evidence, “In Kansas, the illegal registration of alien voters has become pervasive.” He also stated that many people were casting ballots in the name of dead voters, and cited the example of Alfred K. Brewer as a dead voter who mysteriously voted in 2008. However, as the Wichita Eagle showed, Brewer is very much alive. “I don’t think this is heaven,” Brewer told the Eagle, “[n]ot when I’m raking leaves.” Representative John Lewis (D-AL), a civil rights crusader who was brutally beaten during the 1960s effort to win voting rights for African-Americans, says bluntly, “Voting rights are under attack in America.” On the House floor in July, Lewis told the assemblage, “There’s a deliberate and systematic attempt to prevent millions of elderly voters, young voters, students, minority and low-income voters from exercising their constitutional right to engage in the democratic process.”
Fighting Voter Disenfranchisement - Voting-rights organizations are fighting back as best they can. The American Civil Liberties Union (ACLU) is challenging several of the new voter-restriction laws in court. Congressional Democrats are pushing the Department of Justice to block or weaken laws that impede minority voters from exercising their rights. Lewis says, “The Justice Department should be much more aggressive in areas covered by the Voting Rights Act.” Meanwhile, many voting-rights experts predict chaos at the polls in November 2012, as voters react with confusion, frustration, and anger at being barred from voting. “Our democracy is supposed to be a government by, of, and for the people,” says Browne-Dianis. “It doesn’t matter how much money you have, what race you are, or where you live in the country—we all get to have the same amount of power by going into the voting booth on Election Day. But those who passed these laws believe that only some people should participate. The restrictions undermine democracy by cutting off the voices of the people.” [Rolling Stone, 8/30/2011]
Entity Tags: Association of Community Organizations for Reform Now, Scott Kevin Walker, Rick Scott, Republican Party, Ari Berman, Tova Wang, US Department of Justice, US Supreme Court, Alfred K. Brewer, Paul Weyrich, American Civil Liberties Union, William Jefferson (“Bill”) Clinton, American Legislative Exchange Council, Analiese Eicher, Terry Branstad, League of Women Voters, Mike Fasano, Charles Koch, Charles Joseph (“Charlie”) Crist, Jr, Brennan Center for Justice, Barack Obama, David Koch, Early Voting Information Center, Nikki Haley, Heather Smith, John Lewis, Judith Browne-Dianis, John Ellis (“Jeb”) Bush, George W. Bush, Kris Kobach, Karl C. Rove
Timeline Tags: Civil Liberties
A federal appeals court strikes down a Wisconsin law limiting how much a single person can donate to independent political action committees, or PACs. The ruling is made in favor of a lawsuit filed by Wisconsin Right to Life (WRTL), which sued in August 2011 just before a round of recall elections targeting nine state senators. The courts issued a temporary injunction on the law, and the appeals court makes the repeal permanent. Before the ruling, Wisconsin law mandated that individuals could give no more than $10,000 to a PAC. The court rules that such limitations restrict free speech. WRTL’s Barbara Lyons calls the ruling a “sweeping victory” that will allow the group to “significantly contribute to the state and national dialogue on speech and elections.” But Mike McCabe of the Wisconsin Democracy Campaign disagrees, saying that the ruling renders candidates almost irrelevant as special interest groups and their money become dominant in campaigns: “I’m not sure that very many people will notice a difference because money is flowing so freely in Wisconsin politics,” he says. “There’s no shortage of channels through which special interest funds can flow.” The court cites the Supreme Court’s Citizens United decision, which allows unlimited contributions to campaign organizations by corporate and union donors (see January 21, 2010), as the basis for its ruling. Judge Diane Sykes writes in the majority opinion: ”Citizens United held that independent expenditures do not pose a threat of actual or apparent quid pro quo corruption, which is the only governmental interest strong enough to justify restrictions on political speech. Accordingly, applying the $10,000 aggregate annual cap to contributions made to organizations engaged only in independent spending for political speech violates the First Amendment.” The ruling is expected to have a tremendous impact on recall elections scheduled for 2012, including the recall of Governor Scott Walker (R-WI), as groups both in support of and opposition to the recalls can spend large amounts of money on campaign advertising. [Associated Press, 12/11/2011; Think Progress, 12/13/2011] WRTL won a landmark Supreme Court case in 2007 that struck down restrictions on so-called “issue advertising” (see June 25, 2007), a ruling that directly impacted today’s court finding. Days later, the local Chippewa Herald will write an editorial criticizing the ruling. The editorial specifies the “dialogue” that WRTL’s Lyons means “a heavy rotation of television and radio ads, phone calls, and direct-mail pieces.” WRTL’s purpose in its electioneering is fairly transparent, the Herald states, but many of the special interest groups involved in such electioneering are not transparent at all. “Do we want our campaigns to be about what the candidates stand for—heard directly from them—or about issue ads where candidates are either supported or attacked through a thinly veiled message urging people to contact a particular candidate?” The Herald notes that much of the $44 million spent on the state senate recalls “came from groups not subject to the state campaign contribution limit,” and few Wisconsin citizens know who those groups are. “The courts have ruled that political contributions and campaign spending is a First Amendment right,” the Herald states. “But those contributions and spending should not be done in secret or through a maze of groups and organizations that operate like legal money launderers.” The Herald advocates “complete disclosure” to “ensure openness and a clean and healthy democracy.” [Chippewa Herald, 12/14/2011]
Billionaire oil magnate David Koch, who with his brother Charles Koch has become one of the driving financial forces behind the US conservative political movement (see 1977-Present, 1979-1980, 1997, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, November 2009, December 6, 2009, April 2010 and After, July 3-4, 2010, June 26-28, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011), gives an interview to the Palm Beach Post’s Stacey Singer. Koch, who rarely gives interviews, chose to meet with Singer because of her background as a health and science writer, according to Koch spokesperson Cristyne Nicholas. The interview focuses in part on the cancer research underway at the University of Texas’s MD Anderson Cancer Center, where Koch is being treated for prostate cancer. However, the interview also touches on the Koch brothers’ political participation. Singer begins her report of the interview by informing her readers of the media portrayal of the “secretive” brothers and their construction of what she calls “a clandestinely built political machine that disdains government regulation and taxes, obfuscates the science on global warming, and now pulls the strings of decision-makers at every level, from Florida Tea Party members to Wisconsin state senators—even US Supreme Court justices.” She writes that Koch seems “baffled” by that perception, saying: “They make me sound like a bully. Do I look like a bully?” According to Singer, Koch wants to improve his media image. The Koch brothers have given, Singer reports, “many millions to far-right organizations dedicated to spreading an Ayn Rand-infused ideology, one in which a benevolent business class flourishes, unfettered by taxes and regulations. Some have called it free-market fundamentalism.” Nicholas says Koch wants to be remembered more for his philanthropy than his political involvement. “That’s what his legacy will hopefully be: finding a cure for cancer,” she writes. “That is his goal in life right now and it far exceeds any political views he has. Which are strong.” Koch is proud of his political activism, admitting without restraint his organizations’ involvement in protecting Governor Scott Walker (R-WI) from being recalled. “We’re helping him, as we should. We’ve gotten pretty good at this over the years,” he says. “We’ve spent a lot of money in Wisconsin. We’re going to spend more.” The “we” in his statement is primarily Americans for Prosperity (AFP—see Late 2004), the “astroturf” lobbying and advocacy organization that is spending some $700,000 on a single advertisement buy in Wisconsin on Walker’s behalf, an ad that makes statements many union members and public workers say is filled with false and misleading praise for Walker’s policies. In a now-famous prank phone call, a blogger posing as Koch got Walker to say that his goal was to “crush” Wisconsin’s unions, a goal Koch may share, though he is more circumspect in his language. “What Scott Walker is doing with the public unions in Wisconsin is critically important,” Koch says after an expansive dinner featuring salmon and white wine. “He’s an impressive guy and he’s very courageous. If the unions win the recall, there will be no stopping union power.” Nicholas later “clarifies” Koch’s remarks, saying: “Koch companies support voluntary associations, and where they so choose, we recognize employees’ rights to be represented and bargain collectively. We think the best workplace relationships are fostered when the employer works directly with its employees. It is a mischaracterization of our principles to say this means we oppose unions or want to dismantle all unions.” Singer writes that Koch’s usage of the term “union power” seems as biting as one might have said “Bolshevik” in an earlier time—“a new red scare for a new century,” she writes. Besides funding such organizations as AFP, the Cato Institute, the Heritage Foundation, the Republican Governors Association, the American Legislative Exchange Council (where, Singer writes, “copycat conservative legislation is passed among conservative state politicos”), and others, the Koch brothers are one of the most powerful and influential financial forces behind the “tea party” movement, largely through AFP. Singer conducts the interview on February 11; the Palm Beach Post publishes the report based on the interview on February 20. [Palm Beach Post, 2/20/2012; Nation, 2/20/2012] Koch’s public admission of support for Walker could constitute a violation of the laws administering such “nonprofit” organizations as AFP, according to one journalist (see February 20, 2012).
Entity Tags: Cristyne Nicholas, Americans for Prosperity, American Legislative Exchange Council, Charles Koch, Stacey Singer, Palm Beach Post, Republican Governors Association, Heritage Foundation, David Koch, Cato Institute, Scott Kevin Walker, MD Anderson Cancer Center
Timeline Tags: Civil Liberties, 2012 Elections
In response to a lengthy interview of oil billionaire David Koch conducted by the Palm Beach Post, John Nichols of the liberal magazine The Nation writes that Koch’s “bragging” about spending hundreds of thousands of dollars on behalf of Wisconsin Governor Scott Walker could well be considered inappropriate and perhaps illegal coordination with a political candidate (see February 11-20, 2012). Nonprofit, tax-exempt 501(c)3 organizations such as Americans for Prosperity (AFP) are not allowed to coordinate their activities with candidates or campaigns, but are required by law to operate independently (see March 26, 2010). Nichols writes of AFP’s “Stand with Walker” campaign: “These ads are supposedly independent expenditures by a not-for-profit organization that operates under tax rules established to benefit the work of ‘Religious, Educational, Charitable, Scientific, Literary, Testing for Public Safety, to Foster National or International Amateur Sports Competition, or Prevention of Cruelty to Children or Animals Organizations.’” The law is quite clear. Nichols quotes IRS tax law, which states: “Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. Contributions to political campaign funds or public statements of position (verbal or written) made on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity. Violating this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes.” AFP’s ads seem to violate these rules, Nichols writes. “So, while David Koch’s stated enthusiasm for Scott Walker was not surprising, his explanation of how that enthusiasm is being expressed politically was.” [Nation, 2/20/2012]
A screenshot from an ad attacking Mitt Romney, sponsored by a super PAC on behalf of Newt Gingrich. [Source: Think Progress]The Wesleyan Media Project (WMP), a nonpartisan political analysis group working out of Connecticut’s Wesleyan University, finds that negative political advertising has become the mainstay of political broadcast advertising in the 2012 presidential campaign. Only about 8 percent of ads in the 2008 presidential campaign could be considered negative, the WMP writes, but in 2012, 70 percent of ads are negative. (The WMP defines negative as “mentioning an opponent.”) Erika Franklin Fowler, the WMP’s co-director, says: “One reason the campaign has been so negative is the skyrocketing involvement of interest groups, who have increased their activity by 1,100 percent over four years ago. But we cannot attribute the negativity solely to outside groups. Even the candidates’ own campaigns have taken a dramatic negative turn.” Interest-group advertising, i.e. ads financed by “independent” third-party organizations that support one candidate or another, were 75 percent positive in 2008, but only 14 percent positive in 2012. In 2008, ads financed directly by candidate campaigns were 9 percent negative, but this year are 53 percent negative.
Huge Spike in Third-Party Advertising from 2008 - Almost two-thirds of the ads aired in 2012 are paid for by “third party” organizations such as super PACs and “nonprofit” groups. Super PACs alone have financed 60 percent of the ads during this cycle; that figure for 2008 was 8 percent. The WMP writes: “An estimated $112M [million] has been spent to date on 207,000 ads compared to $190M spent on just under 300,000 ads in 2008. Much of this decline in spending and ad volume is due to the lack of a nomination contest on the Democratic side this year.” The project refers to the Republican presidential primary, which is featuring massive spending on behalf of candidates by third-party organizations. “Such levels of outside group involvement in a presidential primary campaign are unprecedented,” according to co-director Travis Ridout. “This is truly historic. To see 60 percent of all ads in the race to-date sponsored by non-candidates is eye-popping.” One of the most prominent organizations, the nonprofit Crossroads GPS (see April 13-20, 2012), has already aired some 17,000 ads, mostly attacking President Obama. Those ads are joined by commercials paid for by another conservative advocacy group, Americans for Prosperity (AFP—see Late 2004, May 29, 2009, and November 2009), which has aired some 7,000 ads. The Obama campaign and the Democratic National Committee (DNC) have combined to air some 20,342 ads. WMP data shows that 33,420 anti-Obama, pro-Republican spots have aired as opposed to 25,516 anti-Republican, pro-Obama ads.
Most Ads Paid for by Anonymous Donations - Unlike the majority of the ads that aired in the primary election, most of the ads airing for the general election have “come from groups that do not need to disclose their donors,” according to WMP co-founder Michael M. Franz. “That’s a lot of money and airtime backed by undisclosed sources.” Republican presidential candidates Newt Gingrich (R-GA), Jon Huntsman (R-UT), Mitt Romney (R-MA), and Rick Santorum (R-PA) were very reliant on super PAC advertising, with Ron Paul (R-TX) less so. About 20 percent of ads aired on Obama’s behalf have come from his super PAC, Priorities USA Action, though the DNC has aired a number of ads on behalf of Obama. Priorities USA Action is answering negative ads from Crossroads GPS with its own advertising, mainly in “battleground” states such as Iowa, North Carolina, Ohio, Colorado, Florida, Virginia, and Nevada. Ridout says: “Early general election spending reveals that both parties are focused on markets in the same key battleground states. The past couple of weeks, Obama and his super PAC have been on the air in a few more markets than Crossroads GPS, but both sides have focused their advertising in markets in Nevada, Colorado, Florida, Virginia, Iowa, and Ohio.” Groups such as the conservative Club for Growth, the American Action Network (AAN—see Mid-October 2010), and AFP are airing ads in Senate races in Florida, Indiana, and Nebraska. And some $6 million in advertising has flooded Wisconsin and its gubernatorial recall election involving Governor Scott Walker (R-WI). Walker and the super PAC supporting him, Right Direction Wisconsin PAC (an arm of the Republican Governors’ Association), have outspent their Democratic opponents; of the 17,000 ads aired in Wisconsin about the recall election, 10,000 have either been pro-Walker or negative ads attacking the recall and Walker’s challengers. Franz says: “Wisconsinites have been inundated with advertising surrounding the gubernatorial recall election. Walker and his allies hold a substantial advantage to date in the air war in all markets except Madison, and the incumbent governor’s ads have been more positive than his competitors’ ads.” The liberal news Web site Think Progress notes that the 2010 Citizens United decision is largely responsible for the increased spending by third-party groups (see January 21, 2010). [Wesleyan Media Project, 5/2/2012; Think Progress, 5/3/2012]
Entity Tags: Club for Growth, Americans for Prosperity, Travis Ridout, Wesleyan Media Project, Willard Mitt Romney, American Action Network, 2012 Obama presidential election campaign, Scott Kevin Walker, Ron Paul, Think Progress (.org), Rick Santorum, Jon Huntsman, Erika Franklin Fowler, Democratic National Committee, American Crossroads GPS, Right Direction Wisconsin PAC, Mitt Romney presidential campaign (2012), Michael M. Franz, Priorities USA Action, Newt Gingrich
Timeline Tags: Civil Liberties, 2012 Elections
Politico reporters Kenneth P. Vogel and Tarini Parti report on the difficulty of getting solid information about the donors being organized by the billionaire Koch brothers. Oil magnates Charles and David Koch (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011) intend to raise at least $400 million to defeat President Obama in the 2012 election (see Late May 2012), and to ensure victory for Republicans in state and local races around the nation (see February 21, 2012). Vogel and Parti call the Koch political operation “its own political party,” almost, even going so far as to hold its own semi-annual conventions, including one scheduled for late June in San Diego. That convention will bring together dozens of millionaire and billionaire conservatives, who will write big checks for the Koch efforts. Additionally, the Kochs will unveil their new voter database, Themis (see April 2010 and After), which they expect will help in targeting potential Republican voters around the country. Themis played a big part in a recent successful effort to stop Governor Scott Walker (R-WI) from being recalled, as did huge amounts of Koch-organized donations on behalf of Walker. Three of the prime figures in the Koch efforts are convention “emcee” Kevin Gentry and political operatives Marc Short and Tim Phillips (see May 29, 2009); the operation is orchestrated primarily by Koch advisor and operative Richard Fink. Additionally, the Koch brothers intend to take over the Cato Institute think tank (see February 29, 2012) and make it more politically active. Minnesota television station owner Stanley Hubbard, a longtime Koch supporter, says: “They ask for support—and they get it because we all love our country and we have a different vision than do the liberals. I’ve gotten friends to be involved, and I think others have, too, so I would guess, yes, that’s expanding.” Vogel and Parti expand on how secretive the Koch network (which they call “Koch World”) actually is. They are unable to find out where the San Diego convention is to be held, though they did determine that it is scheduled to take place over the weekend of June 23. A Republican who has worked with Koch-backed groups says: “The Koch groups are very complex in the way they do things. They’re difficult to penetrate from the outside, which is smart. You often need a Sherpa.” The conventions are heavily patrolled by hired security guards, who at one recent convention threw out a Politico reporter under threat of arrest. Participants are required not to discuss the convention with outsiders, including making posts on Facebook or Web blogs. (The winter 2011 convention in Rancho Mirage, California, leaked to the press, sparking what Politico calls “raucous protests” outside the exclusive resort hosting the conference.) According to Vogel and Parti, Phillips runs the lobbying organization Americans for Prosperity (AFP—see Late 2004 and November 2009). Short oversees the spending of Koch network monies by other approved groups, some of which air television ads attacking Democrats. Gentry raises money for the Koch network. Gentry often uses urgent and even apocalyptic rhetoric in his fundraising appeals, warning potential donors of “dangerous and imminent threats” to American society and comparing the Koch conventions to the Continental Congress of 1776. One recent email lauded efforts by Supreme Court Justice Clarence Thomas to help the Koch brothers’ fundraising. Gentry also spearheads the fundraising efforts for an informal network of conservative think tanks such as the Heritage Foundation, AFP, and the Texas Public Policy Foundation. Some conservatives are uncomfortable with the Koch brothers’ attempts to gain dominance in conservative party politics. “Koch has been angling for the last three or four years to consolidate more of the conservative movement within their network,” says one conservative operative. “That’s why they do these seminars—to try to consolidate more big donors’ money and direct it into their projects.” The operative admits that the Koch fundraising efforts are very effective, saying, “Some of the donors believe giving to one source makes it easier for them instead of having to give to a dozen different places, and others just want to come out to hang with the billionaire brothers and be part of a very elite universe.” Koch conventions regularly feature prominent conservatives like Thomas and fellow Supreme Court Justice Antonin Scalia, Texas Governor Rick Perry, New Jersey Governor Chris Christie, Virginia Governor Bob McConnell, House Majority Leader Eric Cantor (R-VA), and right-wing radio hosts Rush Limbaugh and Glenn Beck. While federal documents track some $120 million in donations from recent Koch summit donors, most of the money raised and spent goes untracked, instead being hidden away by “nonprofit” groups that purport to be non-political social advocacy groups. Gentry has assured donors, “There is anonymity that we can protect.” [Politico, 6/15/2012]
Entity Tags: Cato Institute, Stanley Hubbard, Scott Kevin Walker, Tarini Parti, Texas Public Policy Foundation, Themis, Tim Phillips, Rush Limbaugh, Americans for Prosperity, Antonin Scalia, Bob McConnell, Richard Fink, Marc Short, Clarence Thomas, Christopher J. (“Chris”) Christie, Charles Koch, Politico, Eric Cantor, David Koch, Heritage Foundation, Barack Obama, Kenneth Vogel, James Richard (“Rick”) Perry, Kevin Gentry, Glenn Beck
Timeline Tags: Civil Liberties
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