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Glenn Beck discusses the Tides Foundation during his Fox News broadcast.Glenn Beck discusses the Tides Foundation during his Fox News broadcast. [Source: NewsRealBlog (.com)]Journalist John Hamilton publishes the results of a series of interviews with Byron Williams, who is charged with multiple counts of attempting to murder police officers from a shootout with Oakland, California, Highway Patrol officers (see July 18, 2010 and After). Williams has said that he targeted a progressive charitable foundation in San Francisco, the Tides Foundation, because of its liberal policies, and has said he intended to “start a revolution by traveling to San Francisco and killing people of importance at the Tides Foundation and the ACLU.” Since his arrest, Williams has retained Hamilton to be his “media advocate.”
Williams and Fox's Beck - Williams told Hamilton that his primary political influence and informational source is Fox News talk show host Glenn Beck. Williams had Hamilton watch specific broadcasts of Beck’s shows to glean information about what Williams describes as an intricate conspiracy between President Obama, liberal philanthropist George Soros (see August 8, 2006 and February 2007), Brazilian oil company Petrobras, and BP, the corporation responsible for triggering the Gulf oil disaster. Williams also cites right-wing pundit David Horowitz (see August 5, 2003 and November 30, 2004) and right-wing conspiracist Alex Jones (see July 24, 2009) as other influences. The progressive media watchdog organization Media Matters notes that Beck spoke 29 times about the Tides Foundation in the 18 months leading up to Williams’s shooting spree, sometimes at length; other pundits rarely mentioned the organization, if at all, during that same time period. Williams defends Beck, saying that the talk show host advocates non-violence and merely “confirm[ed]” his belief in the conspiracy. “Beck would never say anything about a conspiracy, would never advocate violence,” Williams told Hamilton. “He’ll never do anything… of this nature. But he’ll give you every ounce of evidence that you could possibly need.” Beck, he says, is “like a schoolteacher on TV. You need to go back to June—June of this year, 2010—and look at all his programs from June, and you’ll see he’s been breaking open some of the most hideous corruption.” In that month, Beck advised his viewers to stop a Democratic-orchestrated “march towards Communism” by “shoot[ing]” Democrats such as Speaker of the House Nancy Pelosi (D-CA) “in the head (see June 9, 2010).
Genesis of a Shootout - Williams moved to his childhood home in Groveland, California, in 2007 after serving a prison sentence for a 2001 bank robbery. Williams has an extensive criminal record, and has been convicted of assault, property destruction, hit-and-run, and drunken driving. He lived with his mother during that time, unable to find steady work, and growing increasingly depressed and fascinated with right-wing radio and television. His neighbor, Tom Funk, told Hamilton of Williams’s profanity-laden tirade on the night of November 4, 2008, after Obama won the presidency. He remembered Williams shouting what he calls racist, drunken threats after the news of Obama’s victory was announced, saying: “He was up there cussing and saying that America is not going right by having a black president. He was using words he shouldn’t be saying after 9/11, because it would have put him in jail. Threatening words towards the president.” In the days before and after the election, Funk said, Williams liked to listen to radio talk show host Michael Savage (see January 10, 2008, March 13, 2008, and November 10, 2008). Hamilton found transcripts of Savage’s radio broadcasts during that time; Savage held forth about the “bloodbath coming to America” should Obama be elected, and predicted that the nation was on “the verge of a Marxist revolution in the United States of America. You have a naked Marxist, America-hating, white-hating [Democratic] party—wing of the party—about to seize power. And you don’t even know it.” Hamilton then interviewed Williams’s mother Janice, who drives an SUV with “Palin 2012” bumperstickers on it. Williams’s mother told Hamilton that in phone calls and a letter to her, her son “basically said: ‘I’m sorry, I never intended to hurt anyone. I got really angry and lost my head.’” She said she did not believe her son would actually have attacked either the ACLU or the Tides Foundation. She also denied that her son shouted racial imprecations after Obama’s election, saying: “I read one account that he used the n-word. I don’t believe that. The neighbors told that to the media, but they just wove that out of whole cloth. I don’t care how loud anyone here gets, there’s no way anyone over there could have heard anything that far away. It’s just someone seeking publicity.” She said her son does not tolerate alcohol well, because he is partly “American Indian… [t]hat’s why he can’t drink.” The day of the shooting, she “found 18 or 20 beer bottles by the sink.” Her son is angry, she told Hamilton, because of “the federal government. And the shadow government that operates behind the scenes, manipulating things.” She said she agreed with many of her son’s concerns about government intrusion: “I believe in limited government. The government should be there solely for the purpose of protecting our borders. All the other stuff is add-ons. This whole Obamacare thing has everything to do with consolidating government. There’s no concern about the little people. Having said that, my hope was to retake the country peacefully, through the ballot box.” She denied that her son was influenced by Beck, Savage, or any other right-wing commentator, saying: “All the reporters who came out here last month were blaming what he did on Rush [Limbaugh], Glenn Beck, and the tea party. Why would you blame the messenger? If Glenn Beck tells us something, and everyone gets upset about it, why blame him?” She called the Tides Foundation “a money laundering scheme for the radical left that didn’t want their names attributed to what they were doing,” a charge first leveled by Beck. She did confirm that her son was a Beck fan: “Yes, he liked Glenn Beck, but he didn’t feel he went far enough. He’d take it only so far, but stopped short.” She added that almost everyone she had heard from after the shooting supported her son’s position: “I had only one hate call out of all the thousands of people who heard about this case. Most people have expressed support—not for the act, but for the frustration behind it.”
Jailhouse Meetings - Hamilton talked to Williams in the visiting area of the Santa Rita Jail in Dublin, California, twice over a period of two weeks. Williams told Hamilton that he worried about being portrayed as an “extremist,” and said he should probably not discuss “that incident”—the shooting—because of his pending criminal trial. Williams was loquacious about his political views; he said, “My big thing was the oil rig, the Deepwater Horizon,” referring to the immense BP oil spill in the Gulf of Mexico. “I’ve uncovered enough evidence to—I think in a court of law it could bring [BP CEO] Tony Hayward, Barack Obama, George Soros, and members of Halliburton indicted for treason.” Williams believes that the oil spill was deliberate, plotted by Soros. “It was a sabotage,” Williams explained. “Hayward and [Wall Street financial firm] Goldman Sachs sold their stock, which was depreciating, two weeks before the spill. Soros invested $1 billion of his own money into Petrobras. Soros has the Tides Foundation and the Tides fund. He funnels billions of donated dollars into the fund, which he uses for all kinds of nefarious activities.… Obama sent 2 billion of taxpayer dollars to Petrobras for deep water oil exploration, while holding a moratorium on deepwater exploration in the US. Once you see this pattern—it’s fishy stuff.… Halliburton, whose job was to seal the well—two days before the explosion, they bought an oil spill clean-up company.… When I saw the news was dropping the issue like a hot potato, I became infuriated.” He concluded: “The bottom line is that George Soros is the financier of Obama. And Obama has a clear agenda: First he did the health care reform. After that, it was all about energy. He wants to impose the worst tax ever conceived: a cap-and-trade system on carbon emissions. Think of it. Even your breathing could be taxed, because you give off greenhouse gases. That’s why I did what I did. There are not a lot of people fighting back. I don’t see a response.” Williams evoked the Civil War by asking why Gulf Coast residents did not rise up in arms about what he says was a conspiracy to destroy their shoreline for Soros’s profit. “What ever happened to the spirit of the South, of the Confederacy in the Civil War?” Williams summed up the plot as he sees it: “What I see here is a plan to bring the country down.”
Sources of Information - Asked where he gets his information, Williams responded: “Alex Jones. PrisonPlanet.com is his Web site. Also, DiscoverTheNetworks.” Hamilton identifies Williams’s sources: “Jones is a conspiracist and repeat Fox News guest who mingles dire warnings of the ‘New World Order’ (see September 11, 1990) with stories of government complicity in the 9/11 attacks. DiscoverTheNetworks is a Web site claiming to track ‘the individuals and organizations that make up the left.’ It’s run by David Horowitz, a former leftist who has reinvented himself as a right-wing propagandist.” Williams then named Beck as another major source of his information and said Beck is “like a schoolteacher” who uses his chalkboard to great effect. “I collect information on corruption,” Williams said. “I’ve been at it for some time.… Our media accepts the false reports and downplays the conspiracy theories.… A public that is aware of corruption can oppose the corruption. A public kept in the dark simply passes it by.” Fox News, Williams said, is the only television news outlet that is not “censored,” he said. “So perhaps Fox has broken away from the mold.” Aside from its presumably independent status, Williams added: “There’s only one conservative channel. That’s Fox. All the other ones are all liberal channels.” Williams stated that he watched Fox because of Beck, and not vice versa: “I would have never started watching Fox News if it wasn’t for the fact that Beck was on there. And it was the things that he did, it was the things he exposed that blew my mind. I said, well, nobody does this.” Williams told Hamilton to “go back to June—June of this year, 2010—and look at all his programs from June. And you’ll see he’s been breaking open some of the most hideous corruption. A year ago, I was watching him, and it was OK, he was all right, you know?… But now he’s getting it.” Williams said that he believes Beck knows more than he is willing to tell. Referring to the Gulf Oil spill, Williams said: “This is what he won’t do, Beck will not say it was a contracted hit. But he’ll give you every ounce of evidence you can possibly need to make that assumption yourself.… You see what I mean?… That’s why he downplays the 9/11 truthers. He talks bad about them.” Williams then retold some conspiracy theories that he apparently believes that Beck seems to dismiss, including the Alex Jones-propagated idea that the US government was responsible for the 9/11 attacks. Of his various conspiratorial beliefs, he advised Hamilton: “Think like a conspiracy theorist. Except don’t use the word ‘theory.’ Because the conspiracies are not theories. The official report is the lie; the conspiracy is the truth.” Beck’s mission, Williams said, is to “expose” progressives and “leftists” who are endangering American democracy.
Ties to Tides - Beck is the source from which Williams first learned about the Tides Foundation, which he believes is at the heart of the Soros/Obama plan to destroy America. Beck himself has said of the Tides: “The chalkboard was brought up… for the Tides Foundation. I think that might have been the first time we used it.” His efforts to “expose” Tides “was the first time that I really realized its success—Tides Foundation and ACORN (Association of Community Organizations for Reform Now). Because you can map it all out. And I know that they make fun of me for it, but that’s—that’s the difference.… Tides was one of the hardest things that we ever tried to explain. And everyone told us that we couldn’t. It is the reason why the blackboard really became what the blackboard is. It is because I was trying to explain Tides and how all of this worked.” Beck has repeatedly, and falsely, labeled the organization as “George Soros’ Tides Foundation,” which he has suggested is part of a liberal plot to “create mass organizations to seize power.” Tides, he said, is a “shady organization” that funnels money to “some of the most extreme groups on the left.” Beck has asserted that Tides is “involved in some of the nastiest of the nasty.” In the 18 months preceding Williams’s shooting spree, Beck attacked Tides 29 times on his Fox show. [Media Matters, 10/11/2010]

Entity Tags: Fox News, Tom Funk, David Horowitz, British Petroleum, Barack Obama, Association of Community Organizations for Reform Now, Tides Foundation, Alex Jones, American Civil Liberties Union, Rush Limbaugh, Tony Hayward, Nancy Pelosi, Janice Williams, Halliburton, Inc., Goldman Sachs, Glenn Beck, George Soros, John Hamilton, Petrobras, Media Matters, Michael Savage, Byron Williams

Timeline Tags: US Domestic Terrorism

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

Brooke Obie of the Constitutional Accountability Center attacks a recent statement of position by Connecticut attorney general candidate Martha Dean, who advocates the concept of “nullification”—the idea that states can ignore or override federal laws if they so choose (see October 14, 2010). Obie says Dean’s position is a “dangerous” claim that ignores the fundamental precepts of the US Constitution and every relevant court decision since before the Civil War. Articles III and VI of the Constitution explicitly place federal law over states’ laws, and place the Supreme Court firmly in the position of being the final arbiter of whether a federal law is unconstitutional. “It is disturbing that Dean, seeking office as a state’s chief lawyer, said in the interview that she does not ‘accept’ that the Supreme Court has this authority,” Obie writes, and refers Dean to the first Chief Justice, John Marshall, who wrote that “[i]t is emphatically the province and duty of the judicial department to say what the law is.” Nullification is “completely unconstitutional,” Obie writes, and has been used to bring about “some of the most divisive moments in our history: from the attempted destruction of our great nation by secessionists in the 19th century, to the dividing of people by segregationists in the 1950s and 1960s. Encouraging such backsliding of America into its darkest days is an extremely dangerous position for anyone to take, let alone someone seeking to become a state attorney general.” [Constitutional Accountability Center, 10/14/2010] In the comments section of Obie’s article, Dean reprints a post from Thomas Woods that Woods posted on his blog in response to Obie. Woods is a pro-Confederate segregationist. Woods calls Obie’s work a “fifth-grade research paper masquerading as a critique of Martha Dean,” and goes on to say that “[a]lmost every single sentence in this post is wrong. Your view of the Supremacy Clause is wrong, your view of Article III is grotesquely wrong, your summary of the history of nullification is absurd, and your comment about secessionists makes no sense. South Carolina was complaining that the NORTH was nullifying too much. Talk about getting the history exactly backwards!” He compares Obie’s views to “progressives,” neoconservatives, and Adolf Hitler. Think Progress’s legal expert Ian Millhiser later notes that Woods is a co-founder of the neo-Confederate League of the South, and has called the Civil War a battle between “atheists, socialists, communists, red republicans, jacobins on the one side and the friends of order and regulated freedom on the other,” contending that the defeat of the Confederacy in 1865 was “[t]he real watershed from which we can trace many of the destructive trends that continue to ravage our civilization today.” Dean has cited Woods before, in one debate reading aloud from his book in support of nullification. Woods is a prolific contributor to the far-right Tenth Amendment Center, a pro-nullification group which pushes political candidates to sign a pledge promising to nullify federal laws such as Social Security and Medicare which do not comply with their “tenther” view of the Constitution. [Constitutional Accountability Center, 10/14/2010; Think Progress, 10/19/2010]

Entity Tags: Martha Dean, Constitutional Accountability Center, Brooke Obie, Ian Millhiser, John Marshall, League of the South, Thomas Woods, Tenth Amendment Center

Timeline Tags: Civil Liberties, Domestic Propaganda, 2010 Elections

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: Joseph Wayne (“Joe”) Miller

Timeline Tags: Domestic Propaganda

Several of Joe Miller’s private security guards stand over a handcuffed Tony Hopfinger, whom they detained during a political event.Several of Joe Miller’s private security guards stand over a handcuffed Tony Hopfinger, whom they detained during a political event. [Source: Anchorage Daily News]Tony Hopfinger, an editor of the Alaska Dispatch, is “arrested,” detained, and handcuffed by private security guards employed by US Senate candidate Joe Miller (R-AK) after he attempts to interview Miller. Miller appeared at a public event at Anchorage, Alaska’s Central Middle School, sponsored by his campaign. The guards handcuff Hopfinger, place him in a chair in a hallway, and stand over him, presumably to prevent his “escape” from custody. They release him when Anchorage police arrive on the scene and order him arrested. The security guards come from a private security firm known as The Drop Zone; owner William Fulton, one of the guards who detains Hopfinger, accuses Hopfinger of trespassing at the public event, and says he assaulted someone by shoving him. Anchorage police say they have not yet filed charges against anyone. [Alaska Dispatch, 10/17/2010; Anchorage Daily News, 10/18/2010; Salon, 10/18/2010] Miller, Fulton, and The Drop Zone are later shown to have ties to Alaska’s far-right paramilitary and militia groups, to employ active-duty soldiers, and to lack a business license to legally operate (see October 18, 2010).
Small Gathering Marked by Candidate Dodging Tough Questions - The 3 p.m. event is billed by the Miller campaign as a chance for voters to “hear Joe Miller speak for himself,” and is clearly a public event: in a Facebook campaign entry, the campaign urges supporters to bring their “friends, colleagues, family, acquaintances, neighbors.” The entry also tells voters, “Don’t let the media skew your views.” Miller spends some 45 minutes addressing the crowd of several hundred voters and, according to the Anchorage Daily News, “answering—or deflecting—questions.” While there are many Miller supporters in the crowd, some hostile questioners also make themselves heard. One questioner, referring to Miller’s admitted reliance on medical care subsidies and other federal benefits in contradiction to his campaign theme of such benefits being unconstitutional, calls Miller a “welfare queen—you had a lot of children that you couldn’t afford, and we had to pay for it.” Miller responds that he is not necessarily opposed to such benefits, only that they should come from the states and not the federal government. Another criticizes Miller’s announcement last week that he would no longer answer questions about his character or his personal history. The questioner says that while his opponents have previous records in elective office, he does not: “In this instance, you have no record, so it’s meaningful and it’s reasonable that we would want to examine your professional background and your military…” Miller cuts her off and calls her a known supporter of his opponent, write-in candidate Senator Lisa Murkowski (R-AK), who lost a narrow primary vote to him. Miller says he has a public record as a state and federal judge, but adds that he wants to discuss his position on federal spending and not federal subsidies he may have received. During the questioning period, he says he will stay to talk to individuals, but when the period concludes, he quickly leaves the room. [Anchorage Daily News, 10/18/2010] Miller does speak to a few participants in the school hallway after leaving the room. [Alaska Dispatch, 10/18/2010]
Detained after Asking Questions - Hopfinger, carrying a small video camera, approaches Miller after the event, and asks questions of the candidate concerning disciplinary actions taken against him while he was a lawyer for the Fairbanks North Star Borough. The topic is one Miller has cited as driving his refusal to answer further questions about his character and personal history; he was disciplined for using government computers for partisan political activity during his time as a part-time borough attorney. Three press outlets, including the Alaska Dispatch and the Anchorage Daily News, are suing the borough to get Miller’s personnel file. Miller walks away from Hopfinger without answering. Some of the people in the vicinity tell Hopfinger to “quit pestering” Miller. As they walk down the hallway, Miller suddenly changes direction, leaving Hopfinger quickly surrounded and pressed in by Miller supporters and a large contingent of private security guards, all of them wearing radio earphones. (Miller later claims that Hopfinger is actively blocking his exit from the hallway, a claim not backed up by evidence, and tells a Fox News reporter that Hopfinger “was hounding me… blocking the way.”) Hopfinger later says he feels threatened and pressured, so he shoves one of the guards aside. “These guys were bumping into me,” Hopfinger later says, “bumping me into Miller’s supporters.” He later identifies Fulton as the individual making most of the physical contact with him. The man Hopfinger shoves is not hurt, Fulton later says, though Hopfinger later says Fulton is the man he pushed away. No one else comes forward to say they were the person “assaulted,” Hopfinger later says. At this point, Miller’s private security guards seize Hopfinger, push him against a wall, cuff his hands behind his back with steel handcuffs, sit him in a chair in a hallway, and “confiscate” his video camera. Hopfinger later says he chooses not to resist, saying “these guys would have had me on the ground; it ramped up that fast.” He later says that when the guards tell him he is trespassing, he is given no time to leave, and is immediately seized and handcuffed. Everything happens in seconds, he will say. Hopfinger later says that when he receives his video camera back, the segment of video showing his questions to Miller, and the ensuing scuffle, have been deleted. Hopfinger refuses an offer from police to have the video camera taken into custody and analyzed by the crime lab. The guard who takes the camera later denies erasing anything, and says Hopfinger dropped it during the altercation. [Anchorage Daily News, 10/18/2010; Anchorage Daily News, 10/18/2010; Salon, 10/18/2010; Fox News, 10/18/2010; Alaska Dispatch, 10/19/2010] A Miller supporter who witnesses the incident later says Miller knocks her aside and “bowl[s] over” her eight-year-old son in his attempt to get away from Hopfinger (see October 17-18, 2010).
Other Reporters Threatened - Hopfinger later says Fulton then says he is calling the police, and Hopfinger responds that calling the police is a good idea. Hopfinger is then handcuffed. Fulton later says he does not know how long Hopfinger was detained for; Hopfinger later says it seemed like a long time to him. While Hopfinger is in handcuffs and surrounded by Miller’s guards, the guards attempt to prevent other reporters from talking to him, and threaten the reporters with similar “arrests” and handcuffing for trespassing. An Anchorage Daily News reporter succeeds in speaking with Hopfinger, and is not detained. Several small altercations between the guards and reporters ensue, consisting of chest bumps and shoving matches as the guards attempt to prevent reporters from filming the scene. Video footage shot by Anchorage Daily News reporter Rich Mauer shows three guards blocking Mauer and Dispatch reporter Jill Burke from approaching Hopfinger, and shows Burke repeatedly asking a guard to take his hands off her. When police officers arrive, they order Fulton to release Hopfinger from the handcuffs. According to Hopfinger, during the entire time he is detained, he is in the “custody” of people who identified themselves only as “Miller volunteers,” though most of them are wearing the radio earphones. [Alaska Dispatch, 10/17/2010; Anchorage Daily News, 10/18/2010; Alaska Dispatch, 10/18/2010; Anchorage Daily News, 10/18/2010] An Anchorage police officer removes the cuffs and refuses to accept Fulton’s “private person’s arrest” (Alaska’s equivalent of a “citizen’s arrest”) after interviewing people at the scene. [Alaska Dispatch, 10/18/2010; Anchorage Daily News, 10/18/2010]
Miller Campaign Accuses Hopfinger of Assault, 'Irrational' Behavior - After the incident, the Miller campaign quickly releases a statement accusing Hopfinger of assault and attempting to “create a publicity stunt” (see October 17-18, 2010). [Anchorage Daily News, 10/18/2010] Hopfinger later says he would have preferred a less confrontational method of questioning Miller. “I was not assaulting or touching Joe, I was asking him questions,” Hopfinger will say. “I would certainly prefer to sit down with Mr. Miller and ask him the questions, but he drew a line in the sand a week ago and said he wasn’t going to do that. That doesn’t mean we don’t go to functions or public appearances and try to ask our questions.” [Alaska Dispatch, 10/19/2010]
Further Investigation - The school’s security camera may have captured footage of the incident, police say. Hopfinger is considering whether to file assault charges against Fulton, “The Drop Zone,” and/or the Miller campaign. [Alaska Dispatch, 10/17/2010] However, Heidi Embley, a spokeswoman for the Anchorage School District, later says security cameras were partially installed at the school but were not equipped with recording devices, so no video of the scene is available from that source. She later says that Miller’s group paid $400 to use the school for three hours, a standard fee for any non-school group. She also says that any such gatherings are technically private events because the group is renting the facility for its meeting. [Alaska Dispatch, 10/18/2010] The campaign rented the cafeteria, stage, and parking lot, the school district later notes, and the hallway outside the event venue was not covered in the rental agreement. [Anchorage Daily News, 10/18/2010] Sergeant Mark Rein of the Anchorage Police Department says Hopfinger is not in custody or under arrest. [Crooks and Liars, 10/18/2010] Al Patterson, chief Anchorage municipal prosecutor, later decides to file no charges against anyone involved. [Alaska Dispatch, 10/19/2010]
False Claim of Security Requirement - Miller later tells national news reporters that he had been told by the school district to hire private security guards as part of his agreement to use the facility. He later tells a Fox News reporter, “I might also note that the middle school itself required us by a contract for a campaign, required us to have a security team.” And he tells a CNN reporter: “There was a—a private security team that was required. We had to hire them because the school required that as a term in their lease.” Embley will state that Miller’s claims are false, and there is no such requirement for private security guards in the rental agreement. The agreement does require some sort of security plan, Embley will say, no matter what the function. She will give the agreement to reporters, who learn that the plan basically involves monitors to watch over parking and ensure participants do not bring food or drink into the facility. Miller’s campaign will later claim, again falsely, that the security plan called for Miller’s “security team” to enforce a “no disruptive behavior” clause, and in its assessment, Hopfinger was being disruptive. [Alaska Dispatch, 10/18/2010; Anchorage Daily News, 10/18/2010]

Entity Tags: Anchorage Daily News, Alaska Dispatch, Anchorage Police Department, Fox News, Fairbanks North Star Borough, Joseph Wayne (“Joe”) Miller, Central Middle School (Anchorage, Alaska), Tony Hopfinger, Lisa Murkowski, William Fulton, Mark Rein, Heidi Embley, Richard Mauer, The Drop Zone

Timeline Tags: Civil Liberties, Domestic Propaganda, US Domestic Terrorism, 2010 Elections

The campaign of Joe Miller (R-AK), a candidate for US Senate in Alaska, releases a pair of statements following Miller’s security guards detaining and handcuffing a reporter for attempting to ask Miller questions after a public event in Anchorage (see October 17, 2010). The first statement is a single paragraph from William Fulton, the owner of “The Drop Zone,” a private security firm whose guards, employed by Miller’s campaign, handcuffed and restrained Alaska Dispatch reporter Tony Hopfinger. Fulton himself was one of the guards who handcuffed Hopfinger. In his statement, Fulton accuses Hopfinger of “assaulting” one of his guards, and claims that because the school district rented the space to the campaign, his guards had the right to declare anyone in trespass. He says Hopfinger was “stalking” Miller and posed a security threat. The statement from the Miller campaign, entitled “Liberal Blogger ‘Loses It’ at Town Hall Meeting,” accuses Hopfinger, the editor of the Alaska Dispatch newspaper, of being “an irrational blogger” attempting to “create a publicity stunt” by assaulting someone during the event. The statement says Miller’s guards were forced to take action to restrain the “irrational” Hopfinger. “It is also important to note that the security personnel did not know that the individual they detained was a blogger who reporting on the campaign [sic],” the statement continues. Miller campaign spokesman Randy DeSoto refuses to comment or make Miller, himself a witness, available for news interviews. [Alaska Dispatch, 10/17/2010; Anchorage Daily News, 10/18/2010]
Miller's Statement - The statement reads in full: “The Miller campaign was required by the facility to provide security at the event. Even though Joe had spent nearly an hour freely answering questions from those in attendance, the blogger chased Miller to the exit after the event concluded in an attempt to create and then record a ‘confrontation’ with the candidate. While Miller attempted to calmly exit the facility, the blogger physically assaulted another individual and made threatening gestures and movements towards the candidate. At that point the security personnel had to take action and intervened and detained the irrational blogger, whose anger overcame him. It is also important to note that the security personnel did not know that the individual they detained was a blogger who reporting on the campaign. To them, the blogger appeared irrational, angry, and potentially violent.” [Joe Miller, 10/17/2010; Crooks and Liars, 10/18/2010]
Security Guard Insists He Had Legal Authority to Handcuff Reporter - Interviewed by a reporter from the Alaska Dispatch, Fulton says he and his guards pushed Hopfinger into a wall and handcuffed him because he refused to leave a private event and was trespassing. The event, which was clearly public, was indeed private, Fulton says, and Hopfinger should have been aware of that because of the “Joe Miller for Senate” signs outside the venue, an Anchorage middle school. “They leased it for a private event,” Fulton says. “It wasn’t a public place.” That, he says, gave him the legal authority to tell Hopfinger to leave, then grab him and handcuff him when he didn’t do as told. Hopfinger says he was given no warning and no opportunity to leave. He says he had no idea who Fulton was. The security guard was in a black suit, not a uniform, Hopfinger says, and refused to identify himself. “He throws me up against the wall,” Hopfinger states. “He handcuffs me,” and even then, Hopfinger says, Fulton refused to identify himself. Hopfinger says he was attempting to get Miller to answer questions about disciplinary hearings he faced while a lawyer with the Fairbanks North Star Borough, questions Miller has repeatedly refused to address. Fulton states that he and his fellow guards restrained Hopfinger because the reporter was “getting really pushy with Joe. Joe was trying to get away from him.” Fulton goes on to state that he was suspicious of Hopfinger because the reporter “had something in his hand,” but admits he knew Hopfinger was not carrying a weapon. “It could have been a camera,” he says. “It could have been a recording device. It could have been an iPhone.” Hopfinger was carrying, and using, a video camera. According to Fulton, when his guards surrounded Hopfinger, the reporter “shoulder checked a guy into a locker.” Fulton says whomever Hopfinger pushed aside “wasn’t one of our guys. It could have been anyone. [But] I saw that shoulder check as being violent.” Hopfinger says he was trying to get some room from the crowd of guards and Miller supporters pressing in on him, and only remembers touching Fulton. He says he did not “shoulder check” anyone, and says he put his hand on Fulton’s chest to try to push him away. “I was being pushed into a lot of people,” Hopfinger says. “I used my hand. It all happened in seconds. He said it was a private event. He grabbed me and said, ‘You’re under arrest.’” Fulton says as a private security guard he has the authority to police “private events,” but refuses to answer questions about how this particular event, billed as a public gathering at a public school, could be private. The Alaska Dispatch writes: “The meeting was open to the public. There were no names taken at the door. Reporters were not asked to apply for credentials.” Fulton insists, “This is a simple trespassing issue,” but no one else “trespassing” in the hallway with Hopfinger was detained. Fulton admits that others in the hallway may have been reporters, and says: “I think we told them [all] to leave. It’s not a public [place] if it’s leased. It was a private event… because it’s a private event, and we’ve taken over the school.” [Alaska Dispatch, 10/17/2010; Anchorage Daily News, 10/18/2010]
Witness: Guards Overreacted, Miller Shoved Her, Knocked Over Young Boy - A witness to the incident says while Hopfinger was rude, he did not threaten Miller and the guards overreacted. Lolly Symbol, a Miller supporter from Big Lake, drove to the rally with her two young sons to ask Miller about his stance on gun control. She says she received the opportunity just after the town hall event, when Miller spoke with a few people outside the main room. She says she was standing next to Miller when Hopfinger began questioning him. According to Symbol, Miller was already angry with another questioner, an elderly woman who asked him about his military background. “He ended up getting really huffy with her,” Symbol says. She began asking him her question, she recalls, when Hopfinger interrupted her with a camera and a question about the incident with Fairbanks North Star Borough. “I would say Tony was aggressive, and I would say he was rude because he interrupted me, but he didn’t do anything wrong and he wasn’t posing a threat to Miller,” Symbol says. Miller shoved her aside, Symbol says, and “bowled over” her eight-year-old son Vincent Mahoney in his attempt to get away from Hopfinger. “I don’t know if [Miller] didn’t see him or didn’t care, but he didn’t say ‘excuse me’ or ‘I’m sorry.’ He didn’t even turn his head,” Symbol recalls. “He simply did not care at all.” Hopfinger continued to try to question Miller, but the security guards blocked his access. “They kept pushing him back,” she recalls. “He kept saying, ‘I have a right to be here, I have a right to be asking these questions.’ Tony would try to walk forward and they would push him back.” Symbol says she did not see Hopfinger push anyone, though the reporter has said he did push someone he thought was a security guard who had bumped him to keep him back. Heidi Embley, a spokeswoman for the Anchorage School District, says security cameras were partially installed at the school but were not equipped with recording devices, so no video of the scene is available. Symbol says she attempted to give her statement to police, but no one would take her information. Of Hopfinger, she says: “I do not believe that he did anything wrong. He was rude and he was aggressive but that’s just what the press does. Legally he did not do anything wrong that deserved to be put in cuffs.” Of Miller and the incident, she says: “The whole thing just made me sick. I was a big supporter of Joe Miller, I really was. But not anymore.” [Alaska Dispatch, 10/18/2010]

Entity Tags: Tony Hopfinger, The Drop Zone, Joseph Wayne (“Joe”) Miller, Heidi Embley, Alaska Dispatch, Fairbanks North Star Borough, William Fulton, Vincent Mahoney, Lolly Symbol, Randy DeSoto

Timeline Tags: Domestic Propaganda

The poster featured in the front window of the Drop Zone. The caption reads: “Fascism. Socialism. New World Order. InfoWars.com.”The poster featured in the front window of the Drop Zone. The caption reads: “Fascism. Socialism. New World Order. InfoWars.com.” [Source: Life in Spenard (.com)]Investigative reporters and bloggers learn that the private security firm hired by Alaska Senate candidate Joe Miller (R-AK) is also active in right-wing militia and paramilitary activities. They also learn that some of the guards employed by the firm, the Drop Zone (DZ), are active-duty military soldiers, and that the firm is unlicensed and therefore operating outside the law. [Huffington Post, 10/18/2010; Anchorage Daily News, 10/18/2010; Salon, 10/19/2010]
Senate Candidate Has History of Armed Intimidation, Association with Militias - Miller himself has a history of armed intimidation: according to blogger and reporter Shannyn Moore, in 2008 he attempted to stage a “coup d’etat” of the leadership of the Alaska Republican Party, appearing during a meeting with a group of armed security guards. (The attempt, as such, was unsuccessful, and Miller currently enjoys the support of the Alaska Republican Party.) During the 2010 Senate campaign, Miller’s supporters drew media attention by brandishing assault rifles during campaign rallies (see July 19, 2010). [Huffington Post, 10/18/2010]
Security Guards on Active Duty with Army - On September 17, Miller’s security guards forcibly detained and handcuffed reporter Tony Hopfinger for attempting to question Miller about disciplinary measures taken against him while he was a lawyer for the Fairbanks North Star Borough (see October 17, 2010). The security guards work with DZ, and two of the guards who roughed up Hopfinger are on active duty with the US Army. The two guards, Specialist Tyler Ellingboe and Sergeant Alexander Valdez, are members of the 3rd Maneuver Enhancement Brigade at Fort Richardson. Army public affairs officer Major Bill Coppernoll says neither soldier has permission from their commanding officers to work for DZ, and the Army is still looking into whether previous company or brigade commanders authorized their employment. “They’ve got to be up front with the chain of command,” Coppernoll says. “The chain of command needs to agree they can do that without affecting the readiness and the whole slew of things that are part of being a soldier that they need to do first.” DZ owner William Fulton, who was one of the guards who restrained and handcuffed Hopfinger, says it is not his job to ensure that the soldiers complied with Army regulations. “They’re adults—they are responsible for themselves,” Fulton says. [Anchorage Daily News, 10/18/2010; Salon, 10/19/2010] Hopfinger identifies Ellingboe and Valdez as two of the guards who stood over him during the time he was handcuffed. Hopfinger says Ellingboe and Valdez refused to give him their names and would not identify their company or who they were working for. At one point they told him they were volunteers, he says. [Alaska Dispatch, 10/19/2010] A Defense Department directive from 2008, entitled “Political Activities by Members of the Armed Forces on Active Duty,” states in part, “A member of the armed forces on active duty shall not:… [p]erform clerical or other duties for a partisan political committee or candidate during a campaign.” [Department of Defense, 2/19/2008 pdf file]
Security Firm: Ties to Militias, Blackwater - Fulton is an active member of the Alaska Citizens Militia, where he is titled a “supply sergeant.” The organization is led by former Michigan Militia leader Norm Olson (see April 1994, March 25 - April 1, 1996, and Summer 1996 - June 1997), who recently attempted to run for lieutenant governor of Alaska under the auspices of the secessionist Alaskan Independence Party (AIP—see September 6-7, 2008). [Yahoo! News, 10/20/2010; PalinGates, 10/20/2010] Many DZ employees have bragged about their connections to far-right elements in Alaska’s political and paramilitary scenes, and have said that the firm employs a number of former Blackwater security personnel. The firm displays a large poster of President Obama as “The Joker” in its front window and a link to InfoWars.com, a right-wing conspiracy Web site hosted by Alex Jones. The owner of the Drop Zone, William Fulton, has boasted to patrons about his partners’ participation in renditions and “black ops” overseas, and likes to show his .50-caliber sniper rifle to prospective customers. Fulton has frequently told patrons about his fondness for Fox News talk show host Glenn Beck, saying to one, “Glenn talks to the crazies,” who are his best customers. Fulton also has suspected ties to the Alaskan Independence Party, which once claimed Todd Palin, former Governor Sarah Palin’s husband, as a member. [Huffington Post, 10/18/2010; Anchorage Daily News, 10/18/2010; Life in Spenard, 10/18/2010; Salon, 10/19/2010]
Miller's Ties to Militias - Alaska Citizens Militia leader Ray Southwell, a longtime crony of Olson’s and a fellow leader of the Alaska Citizens Militia, recently wrote of meeting Miller at a militia leader’s home in Soldotna, Alaska. Southwell wrote in a militia forum that he recently encouraged Miller to run for state office: “We need leaders here to stand against the feds.” In that same forum, Olson posted his endorsement of Miller’s candidacy. [PalinGates, 10/20/2010]
Expired License - Investigating bloggers also find that the Drop Zone’s license to do business as a security firm (under the name “Dropzone Security Services”) expired in December 2009. The firm updated its license on September 18, 2010, the day after its guards detained and handcuffed Hopfinger, but only renewed its license to trade, not its license to provide security. [The Immoral Minority, 10/19/2010; Yahoo! News, 10/20/2010; PalinGates, 10/20/2010] Fulton tells a reporter that he is not a security guard and that DZ is not a security guard agency, therefore he needs no license to operate as a security firm. Instead, he says, DZ is a “contract agency” and that he and his people are considered “security agents,” not guards. “We don’t do anything covered under the security [statutes],” he says. “We don’t do anything that the state has any authority to tell us what to do.” He denies having any employees, and says he hires specific people on a contract basis. DZ is primarily a military supply store, Fulton says, and only does security contracts “three or four times a month.” He admits to doing business with Miller in the past, but refuses to go into detail. He goes on to say that his guards at the Miller event were unarmed, and his “contractors” only carry weapons when they undertake “fugitive recovery” jobs: “All the guys we use are professionals, and they act professionally and dress professionally.” Hopfinger disagrees with Fulton’s contention that he is a security “agent” as opposed to a “guard,” saying: “He certainly acted like an aggressive security guard and he may have broken the law. It was an illegal detention and an illegal arrest.” Of Miller, Hopfinger says the candidate is exhibiting “poor judgment… to have Fulton and active-duty soldiers be his bodyguards.” No other Alaska political candidate he has interviewed, including Miller’s Republican opponent Lisa Murkowski (R-AK), has security guards with them, he says. [Alaska Dispatch, 10/19/2010]
Investigation - The firm is being investigated by the Alaska Department of Public Safety, both for its handling of the Hopfinger incident and for its unlicensed status. [Alaska Dispatch, 10/19/2010]

Entity Tags: Alaska Citizens Militia, Fairbanks North Star Borough, Bill Coppernoll, US Department of the Army, Alaska Department of Public Safety, Alaskan Independence Party, Alaska Republican Party, Barack Obama, Alexander Valdez, Tyler Ellingboe, William Fulton, Todd Palin, Lisa Murkowski, Tony Hopfinger, Glenn Beck, Norman (“Norm”) Olson, Joseph Wayne (“Joe”) Miller, Sarah Palin, Ray Southwell, The Drop Zone, Shannyn Moore

Timeline Tags: Domestic Propaganda

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

Entity Tags: Campaign Finance Institute

Timeline Tags: Civil Liberties, 2010 Elections

Authorities in Hennepin County, Minnesota, charge six convicted felons with voting illegally in the 2008 election. The charges accuse the six of fraud in voting or in registering to vote. The charges come after months of investigation into 110 allegations of voter fraud (see July 12-14, 2010). All six signed a voter registration card on or before November 4, 2008 stating that they had the right to vote because they had not been convicted of a felony or had been discharged from their sentence. [Minneapolis Star-Tribune, 10/21/2010]

Entity Tags: County of Hennepin (Minnesota)

Timeline Tags: Civil Liberties

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

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

Timeline Tags: US Domestic Terrorism

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

Entity Tags: Rand Paul, Tim Profitt

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

The man who stomped a woman’s head against the curb of a parking lot in the moments before a Senatorial candidate debate in Kentucky (see October 25, 2010 and After) calls for an apology from the woman he assaulted. Tim Profitt, a former campaign coordinator for the Rand Paul (R-KY) Senate campaign, is facing potential criminal and civil charges on behalf of the woman he assaulted, Lauren Valle. The campaign of Paul’s opponent, Jack Conway (R-KY), has called for Profitt to apologize. But Profitt tells a local television reporter: “I don’t think it’s that big of a deal. I would like for her to apologize to me, to be honest with you.” Profitt adds, “She’s a professional at what she does, and I think when all the facts come out, I think people will see that she was the one that initiated the whole thing.” Officials for MoveOn.org, the liberal advocacy group with whom Valle is affiliated, are outraged by Profitt’s position. MoveOn official Ilyse Hogan says: “I am offended and outraged by the words of Tim Profitt. Profitt said the attack was ‘not a big deal,’ that Lauren ‘instigated it,’ and that ‘she should apologize’—words that are eerily familiar to many women who have faced assault and abuse.” A spokesman for the Conway campaign, John Collins, says Profitt’s attempts to minimize the assault are inexcusable. “I think anyone who has seen the video could see that it was one-sided and that it was not a crowd-control problem but rather a sort of a mob, thuggish mentality of some of the Rand Paul supporters,” he says. Collins notes that the Paul campaign has not yet released the names of the two men that threw Valle to the ground and held her down as Profitt stepped on her, and continues: “Anyone who watched the video saw two men wrestle a young woman to the ground and then a third man, Profitt, come and stomp on the back of her head. I think the simple question we have is when is it ever okay… for two men to wrestle a young woman down to the ground, even without the stomping.” [WKYT-TV, 10/26/2010; Lexington Courier-Journal, 10/27/2010] Valle later refuses an apology. In an open letter to Profitt, she writes: “I have been called a progressive, a liberal, a professional agitator. You have been called a conservative, a Republican, a member of the tea party movement. Fundamentally and most importantly, you and I are both human beings. We are also both American citizens. These two facts, to me, are far more meaningful than the multitude of labels that we carry. And if these two facts are true then it means we are on the same team. I have not been for one moment angry with you and your actions. Instead I feel thoroughly devastated. It is evident that your physical assault on me is symptomatic of the crisis that this country is struggling through. And it seems that I will heal from my injuries long before this country can work through our separation. Only when we decide let go of our hate, our violence, and our aggression will we be able to communicate to each other about the issues that divide us. Right now, we are not communicating, we are stomping on each other. No one can ever win, no one can ever be heard, with violence. You and I, as fellow citizens, and we, as a country, have a choice. Either we choose to continue the cycle of inflicting violence upon each other, screaming at each other, insulting each other, and putting one another down or we find a way to sit down and start listening to each other. We’ll see how far we get. We are all viciously and vociferously feeding a fire that will only burn us down together. We must reach inside ourselves and make space for each other. We must forgive each other. We must believe in our capacity for transformation. The moment we choose compassion and reconciliation is the moment that we will begin to move toward freedom. There is no other way. I believe that you should be held accountable for your actions but I also recognize the incredibly negative impact that the consequences must be having on your life, and I wish you all the best as you yourself heal from this. Violence hurts everyone.” [TPMDC, 10/29/2010] Profitt is charged with assault against Valle; he will plead not guilty, and his lawyer will claim that his assault was justified (see October 26-29, 2010).

Entity Tags: Rand Paul, Lauren Valle, Ilyse Hogan, Jack Conway, John Collins, MoveOn (.org), Tim Profitt

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Tim Profitt, a former campaign coordinator for Senate candidate Rand Paul (R-KY), admits to stomping the head of a protester after she attempted to be photographed with Paul at a recent campaign rally (see October 25, 2010 and After). Profitt has refused to apologize for his actions, and has suggested that his victim, Lauren Valle, owes him an apology (see October 26-29, 2010). Profitt and two other men affiliated with Paul’s campaign chased Valle when she approached Paul, threw her down, and stomped her head against the curb of the parking lot. Lexington police confirm that Profitt is the individual who stomped Valle: “Detectives identified the suspect involved in the assault as Tim Profitt,” according to a police statement. “Mr. Profitt is currently being served with a criminal summons ordering him to appear before a Fayette County District Court judge.” Valle has filed a fourth-degree assault warrant on Profitt. Profitt tells at least one local reporter that he used his foot to shove her head against the curb because his back problems make it difficult for him to bend over. “All I was trying to do was hold her until police could get her,” he explains. “I think she was there for a reason.… And that was hurt [sic] Rand Paul.” Though Paul has refused to return money donated to the campaign by Profitt, and touted Profitt’s support in a campaign ad that has continued to run after the assault (see October 26, 2010), the Paul campaign released Profitt from his duties as Bourbon County campaign coordinator, and says: “Whatever the perceived provocation, any level of aggression or violence is deplorable, and will not be tolerated by our campaign. The Paul campaign has disassociated itself from the volunteer who took part in this incident.” Paul appears on a Fox News broadcast this morning saying he dislikes the incident. Paul is popular with local and national “tea party” organizations; his father is US Representative Ron Paul (R-TX), considered by many to be an ideological forefather of the “tea party” movement. [Los Angeles Times, 10/26/2010; WKYT, 10/26/2010] Profitt is charged with fourth-degree assault. If convicted, he faces a maximum penalty of 12 months in jail, a $500 fine, or a combination of both. The criminal summons alleges that Profitt “intentionally placed his foot on the shoulder/head region on the victim and applied a degree of pressure on the victim.” [Lexington Herald-Leader, 10/30/2010] Profitt will plead not guilty. His lawyer Michael Dean will tell the court that the assault was justified. “I’m sure he was doing at the time what he thought was necessary,” Dean will say. He later tells reporters: “Admittedly if you look at the video on the Internet and TV and don’t see anymore than what was shown it looks like he may have gone out of line. But if you look at the rest of the video of what she was doing before hand and get the whole story, I think you will see my client is justified.” [Associated Press, 11/18/2010; TPMDC, 11/19/2010]

Entity Tags: Tim Profitt, Lauren Valle, Michael Dean, Rand Paul

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: Civil Liberties

Impelled by polls showing that Democrats may not do as badly as predicted in the upcoming November midterm elections, Republican political organizations pour vast amounts of money into tight Senate and House races in the final days, according to a Reuters analysis of data provided by the Wesleyan Media Project and from Democratic organizers. The controversial Citizens United Supreme Court decision (see January 21, 2010) has “opened the floodgates” for corporate money to be used in electioneering and advertising, much of that money going anonymously to political parties and operations (see September 13-16, 2010 and October 2010). Much of the money is targeting three Senate races in Colorado, Kentucky, and California. Republicans are confident that they will gain control of the House of Representatives, but must gain 10 seats to control the Senate, a prospect that is not as likely. Last-minute spending surges are common in elections, but experts say they have never seen so much spending in the last days of a race. Pollster Andrew Kohut of the Pew Research Center is not sure the last-minute surge of spending, almost all of which is going to advertising, will have a major effect. Most voters’ minds are made up by now, Kohut says. Data shows that organizations affiliated with Republicans have outspent their Democratic rivals by more than a 3-1 ratio. In Nevada, “independent” organizations are pouring money into attack ads against Senator Harry Reid (D-NV) and in support of challenger Sharron Angle (R-NV). Late campaign spending is fairly equal, according to the data, and the polls for that race are very tight. In Colorado, “tea party” favorite Ken Buck (R-CO) is losing ground to incumbent Michael Bennet (D-CO), and in response, Republican groups have funneled money into ads supporting Buck and attacking Bennet to create a 2-1 spending ratio in favor of Buck. A similar instance exists in Kentucky, where another tea party favorite, Rand Paul (R-KY), is losing ground to Jack Conway (D-KY), and Republican spending on Paul’s behalf has made for a 2-1 spending ratio in favor of Paul. In California, where popular Democrat Barbara Boxer (D-CA) once had a 2-1 spending advantage over her opponent Carly Fiorina (R-CA), pro-Fiorina groups have recently outspent pro-Boxer groups 5-1. In Pennsylvania, pro-Republican groups are heavily outspending Democrats, largely to support Republican favorite Pat Toomey (R-PA) over Joe Sestak (D-PA). In Delaware, Senate candidate Christine O’Donnell (R-DE), whose campaign has raised large amounts of money from out-of-state financiers, has not received the lavish funding that her Republican colleagues have gotten to defeat her opponent Chris Coons (D-DE). O’Donnell has received some $300,000 from right-wing and tea party groups. But Coons is receiving virtually no support from independent pro-Democratic groups, possibly because polls indicate he will win the election and does not need the last-minute funding support. The elections will be held on November 2. [Reuters, 10/27/2010] The results of the massive spending are mixed. The Republican winners include Paul and Toomey. The Republican losers include Angle, Buck, Fiorina and O’Donnell. [National Public Radio, 11/3/2010]

Entity Tags: Christine O’Donnell, Chris Coons, Wesleyan Media Project, Barbara Boxer, Andrew Kohut, Sharron Angle, Reuters, US House of Representatives, Carly Fiorina, Joe Sestak, Jack Conway, Harry Reid, Rand Paul, Pat Toomey, Ken Buck, Michael Bennet

Timeline Tags: Civil Liberties

Connecticut State Senate candidates Stuart Norman (left) and Andrew Maynard.Connecticut State Senate candidates Stuart Norman (left) and Andrew Maynard. [Source: Stonington-Mystic Patch]Connecticut State Senate candidates Stuart Norman, a Republican, and Andrew Maynard, a Democrat, pledge to run a campaign based on civility and courtesy towards one another. Before a debate, Norman and Maynard are seen texting to one another; Norman says, “We’re on speed dial now, Andy and I.” The two candidates decided at the beginning of the race to run a courteous campaign, and have joined to create what they call a “civility tour.” Norman says: “After one of the first events of the campaign, Andy and I got talking in the hallway, and I talked about how a campaign of civility and respect would be good. I said, ‘Andy, you might have better name recognition than me and if the press catches on, it could help me more than you.’ And [Maynard] said, ‘I still want to do it.’ I wouldn’t go as far as saying Andy and I have become good friends, but we respect each other.” The two candidates differ sharply on their ideas for reining in Connecticut’s deficit spending, but they express their views with what a local reporter calls “exceeding polite[ness], displaying conduct rarely associated with politics and government.” Maynard says, “Thoughtful leaders on both sides of the aisle, in both [legislative] houses, working with whoever our new governor may be, need to work together and find out what people expect from their government and what we can reliably deliver.” Whether Maynard or Norman wins, both say they will continue to work together. “I told Andy that if he’s elected I’ll be here the next two years, ready to help,” Norman tells the debate audience. “And I hope all of you will, too, because that really is what democracy is all about.” [The Day, 10/28/2010] Both consent to appear together on Comedy Central’s satirical The Daily Show just before the election. Maynard tells “interviewer” John Oliver: “I guess the message is: Don’t be a jack_ss. It’s kind of sad that this should be remarkable.” Maynard will win the election. [Hartford Courant, 12/9/2010]

Entity Tags: Stuart Norman, Andrew Maynard, John Oliver

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

Mark Meckler and Jenny Beth Martin aboard ‘Patriot One.’Mark Meckler and Jenny Beth Martin aboard ‘Patriot One.’ [Source: Tea Party Patriots / Mother Jones]Some tea party activists question recent trips flown by Tea Party Patriots (TPP) officials Mark Meckler and Jenny Beth Martin. The use of a luxury passenger jet (dubbed “Patriot One” by Meckler and Martin) has been provided by a wealthy donor whom Meckler and Martin refuse to identify. Meckler and Martin are flown in the jet to tea party and TPP events around the nation, telling the assembled event-goers that they are “flying for freedom” and “landing for liberty.” The two officials are accompanied by, among others, an Atlanta filmmaker who documents the trips and posts videos on the TPP’s Web site. Reporter Stephanie Mencimer says the videos “show the tea party leaders traveling in the style of Wall Street investment bankers… hardly a humble display of the usual tea party thrifty pluck.” Georgia tea party member William Temple writes an angry column for the conservative news site the Daily Caller demanding accountability from Meckler and Martin, in which he states: “So what is with Tea Party Patriot’s junket ‘round the nation? Have Tea Party contributions been so forthcoming that they are financing this massive airlift campaign in the skies from sea to shinning [sic] sea, culminating on the west lawn of the nation’s Capitol on November 2? And it is a massive airlift of Pelosi proportions! [Temple is referring to Democratic House Speaker Nancy Pelosi.] More than 30 flights: starting in Green Bay, Wisconsin, on October 21, with two to four flights daily, while accompanied by a ‘gotcha’ film crew to document Jenny Beth and Mark Meckler’s every arrival and departure with on-the-spot interviews as they hob nob with Tea Party Patriot local organizers.… The films are then shamelessly posted on the Tea Party Patriots Web site, and emailed nationally (using their national bank of emails), always with the proverbial admonition reminding the brain-dead that the tea parties are for ‘fiscal responsibility, constitutionally-limited government, and free markets.’ (Huzzah for fiscal responsibility!)” Mencimer and the publication she writes for, liberal magazine Mother Jones, use publicly available information to determine that the owner of “Patriot One” is Republican financier Raymon F. Thompson, a former CEO of the semiconductor company Semitool. Thompson recently sold his interest in Semitool for $364 million. The airplane is a 1982 Dassault Falcon 10, a French-made aircraft similar to a Learjet, that seats four to eight people. The Falcon 10 is registered to Eagle III, a private company in Kalispell, Montana, an area featuring a number of tea party groups as well as armed militia activities. Eagle III is owned by Thompson, who owns a diner in Kalispell. The Falcon 10 was formerly leased by Semitool through Eagle III—in essence, Semitool was leasing it from its CEO. Thompson and his wife have been major GOP donors for at least 15 years, donating over $130,000 to an array of Republican candidates, including militia member and neo-Confederate Derek Skees, currently running for a seat in the Montana House of Representatives. Thompson is also a heavy contributor to the Heritage Foundation, which features TPP board member and former Republican Congressman Ernest Istook as a “distinguished fellow.” Thompson recently hosted a fundraiser for Senator John Thune (R-SD). Meckler has complained that a rival tea party “umbrella” organization, the Tea Party Express, is not a real grassroots organization as he claims his TPP is, saying: “They try to portray themselves as some sort of grass-roots movement, but they are a classic example of what those on the left would call Astroturf. They are fake, they’re not from the grassroots. These are longtime Republican political activists with their own agenda.” Mencimer speculates that a recent anonymous $1 million donation to the TPP which has gone largely untracked (see September 21 - November 1, 2010) may have come from Thompson. [Daily Caller, 10/26/2010; Mother Jones, 10/28/2010]

Entity Tags: Raymon F. Thompson, Derek Skees, Eagle III, Mark Meckler, Stephanie Mencimer, William Temple, Semitool, Jenny Beth Martin, Tea Party Patriots

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Assistant state attorney Andrew Shirvell of Michigan is fired for harassing the student assembly president of the University of Michigan, Chris Armstrong. Armstrong is gay; since April, Shirvell has conducted a campaign of harassment at him over his homosexuality, veracity, and other personal attributes (see April 1 - October 1, 2010). Shirvell maintains he was merely exercising his freedom of speech. Michigan Attorney General Mike Cox fires Shirvell after the first day of a mandatory disciplinary hearing for him. Cox says that Shirvell’s firing comes after a state investigation revealed that Shirvell “repeatedly violated office policies, engaged in borderline stalking behavior, and inappropriately used state resources.” Shirvell also told a number of lies during the disciplinary hearing. Cox adds, “To be clear, I refuse to fire anyone for exercising their First Amendment rights, regardless of how popular or unpopular their positions might be.” Cox says Shirvell crossed the boundaries of free speech when he repeatedly went to Armstrong’s home to verbally abuse him, including one visit at 1:30 a.m. “That incident is especially telling because it clearly was about harassing Mr. Armstrong, not engaging in free speech,” Cox says. Armstrong says Shirvell videotaped a late-night party at his home, appeared on campus with signs calling him a “racist” and a “liar,” and repeatedly vilified him on Internet blogs. Armstrong says the state should revoke Shirvell’s law license. A statement from the attorney general’s office says, “The next step must be a complete retraction of all the malicious lies and fabrications by Mr. Shirvell, and a public apology to Mr. Armstrong, his family and others Mr. Shirvell has slandered.” Shirvell’s lawyer says his client is considering appealing the decision to fire him to the Michigan Civil Service Commission, and says Shirvell believes the decision to fire him was politically motivated. Cox says, “The cumulative effects of his use of state resources, harassing conduct that is not protected by the First Amendment, and his lies during the disciplinary conference all demonstrate adequate evidence of conduct unbecoming a state employee.” Shirvell is prohibited by a restraining order from making physical or verbal contact with Armstrong, nor is he allowed to be in the same place as the student when it’s likely Armstrong will be present. [Associated Press, 11/8/2010]

Entity Tags: University of Michigan, Andrew Shirvell, Mike Cox, Chris Armstrong

Timeline Tags: Domestic Propaganda

During a legislative hearing, Tennessee State Representative Curry Todd (R-TN) asks a health official if the state-funded Cover Kids health program, which helps pregnant women obtain prenatal and other child care, checks the immigration status of its patients before offering benefits. The official replies that under federal law the program officials cannot check the citizenship status of its patients seeking prenatal care because all children born in the US are automatically American citizens. Todd then warns that without status checks, immigrants will “go out there like rats and multiply.” No one else on the Fiscal Review Committee challenges his remarks. Todd later tells reporters that he was wrong to use that choice of words, and should have referred to “anchor babies” instead—the term used by some to accuse immigrants of having children in America for the sole purpose of using those children’s citizenship to stay in the country. Immigrant rights advocate Stephen Fotopulos says Todd’s remark is inexcusable. “This kind of dehumanizing rhetoric is all too common on some talk radio shows, where hate sells and there’s no accountability,” Fotopulos says. “But there’s absolutely no excuse for it to come out of the mouth of an elected official in Tennessee.” The progressive news Web site Think Progress calls the term “anchor babies” “unquestionably offensive.” [Associated Press, 11/11/2010; Think Progress, 11/11/2010]

Entity Tags: Think Progress (.org), Curry Todd, Stephen Fotopulos, Tennessee House Fiscal Review Committee

Timeline Tags: Domestic Propaganda

In a somewhat sarcastic column, conservative author Ann Coulter advocates the repeal of the 26th Amendment, which gave 18-year-olds the right to vote (see July 5, 1971), apparently in an effort to make it more difficult to re-elect President Obama. Coulter writes: “[T]he argument for allowing children to vote was that 18-year-olds could drink and be conscripted into the military, so they ought to be allowed to vote. But 18-year-olds aren’t allowed to drink anymore. We no longer have a draft. In fact, while repealing the 26th Amendment, we ought to add a separate right to vote for members of the military, irrespective of age.… Eighteen- to 26-year-olds don’t have property, spouses, children, or massive tax bills. Most of them don’t even have jobs because the president they felt so good about themselves for supporting wrecked the economy.” (Coulter is referring to Obama and the fact that young voters turned out in record-breaking numbers to vote for him in 2008.) Coulter cites research showing that human brains “are not fully developed until age 25 and are particularly deficient in their frontal lobes, which control decision-making, rational thinking, judgment, the ability to plan ahead and to resist impulses. Unfortunately, we didn’t know that in 1971. Those of you who have made it to age 26 without dying in a stupid drinking game—and I think congratulations are in order, by the way—understand how insane it is to allow young people to vote. It would almost be tolerable if everyone under the age of 30 just admitted they voted for Obama because someone said to them: ‘C’mon, it’s really cool! Everyone’s doing it!’ We trusted them, and now we know it was a mistake.” Except for 1980, when young voters voted for Ronald Reagan and Jimmy Carter in almost equal amounts, young voters have, Coulter writes, “consistently embarrassed themselves,” presumably by voting for Democrats. The 2008 results, Coulter writes, prove that “[t]oday’s youth are the infantilized, pampered, bicycle-helmeted children of the Worst Generation. They foisted this jug-eared, European socialist on us and now they must be punished. Voters aged 18 to 29 years old comprised nearly a fifth of the voting population in 2008 and they voted overwhelmingly for Obama, 66 percent to 31 percent. And it only took 12 to 14 years of North Korean-style brainwashing to make them do it! At least their teachers haven’t brainwashed them into burning books or ratting out their parents to the Stasi yet. (Of course, before teaching them book-burning, at least their professors would be forced to teach them what a book is.) It would make more sense to give public school teachers and college professors 20 votes apiece than to allow their impressionable students to vote.… Young people voted for Obama as a fashion statement.… Liberals fight tooth-and-nail to create an electorate disposed to vote Democratic by, for example, demanding that felons and illegal aliens be given the vote. But it’s at least possible that illegal aliens and criminals pay taxes or have fully functioning frontal lobes. Republicans ought to fight for their own electorate, which at a minimum ought to mean voters with fully functioning brains and the possibility of a tax bill. Not old enough to buy your own health insurance, not old enough to vote.” [Town Hall (.com), 11/10/2010]

Entity Tags: Ann Coulter, Barack Obama

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Between two and three thousand people gather in what media reports call a “human buffer” to protect a military funeral from protesters sent by the Westboro Baptist Church (WBC—see November 27, 1955 and After). For at least five years, WBC members have picketed funerals of fallen soldiers, often using derogatory signs and catcalls during the proceedings (see June 2005 and After). The funeral is for Army Corporal Jacob R. Carver, and takes place in Harrisonville, Missouri, at the Our Lady of Lourdes Catholic Church. Carver was slain in Afghanistan on November 13. Local resident Steve Nothnagel, who takes part in the event, says: “This soldier died so [WBC leader Fred Phelps] could do what he does, as stupid as that is. I’m so proud of what is happening here today. This is a community coming together. I know it’s not just Harrisonville; they’re coming from all over.” The protection event was organized by word of mouth and on Facebook, and was modeled on a recent, similarly successful event in Weston, Missouri. The protective protest is so large that the WBC protesters have to conduct their protest almost a third of a mile away. When the WBC protesters begin shouting that Carver and other American soldiers died because of the nation’s tolerance of homosexuality, the counter-protesters override their shouts with verses of “God Bless America” and chants of “USA! USA!” and “Go home! Go home!” One man says, “We can’t stop them, but we can be louder.” The WBC contingent leaves before the funeral procession passes them, perhaps because of an altercation that nearly breaks out between the two groups. Area firefighter John Yeager, part of the “human buffer,” says: “We’re here for the family. Nobody should have to hear that on this day.” A group of motorcyclists and US veterans known as the Patriot Guard Riders also takes part in the preventative buffer; the Riders appear when invited to military funerals to protect the funeral proceedings from the WBC protests. One of the Riders, Donna Byam, says: “Look at all those flags out waving out there. [Phelps is] responsible for that.” Her husband Brad Byam agrees, adding, “A silver lining in a dark cloud.” [Associated Press, 11/24/2010]

Entity Tags: Steve Nothnagel, Brad Byam, Donna Byam, John Yeager, Fred Waldron Phelps, Westboro Baptist Church, Jacob R. Carver, Patriot Guard Riders

Timeline Tags: US Domestic Terrorism

Bryan Fischer.Bryan Fischer. [Source: Renew America (.com)]Bryan Fischer, the director of issue analysis for government and public policy at the American Family Association (AFA), says that the criticism of the WikiLeaks cables proves that gays shouldn’t be allowed to serve in the US military. Fischer claims that WikiLeaks founder Julian Assange is actively promoting what he calls the “homosexual” agenda, and says Private Bradley Manning, who is in custody after being linked to State Department cables leaked by Wikileaks, may have “sold out his country in what may turn out to be fit of gay pique.” Fischer accuses Manning of being “seriously confused about his sexuality,” and says he may have “launched the WikiLeaks campaign to strike back at the military for its ‘Don’t Ask, Don’t Tell’ policy, which he vehemently opposed.” Manning, Fischer writes, is “a one-man argument for keeping open homosexuals from serving in the military in the first place. If the 1993 law—which flatly prohibits homosexuals from a place in the armed services—had been followed, there would be no PFC Bradley Manning and no WikiLeaks.” Fischer shows no evidence that Manning’s actions were sparked by any antipathy towards the military’s ban on gays. Recently the Southern Poverty Law Center cited Fischer’s anti-gay writings when it labeled the AFA a “hate group.” In previous blog posts and on his radio talk show, Fischer has blamed Nazism on homosexuality, has proposed criminalizing homosexual activity, and has advocated forcing gays into “reparative” therapy. He opposes funding AIDS research because, he has written, “we know the cause, we know the cure: stop engaging in homosexual sex and stop shooting up with drugs.” He has also equated homosexuality with domestic terrorism. [Bryan Fischer, 12/7/2010; Raw Story, 12/10/2010]

Entity Tags: WikiLeaks, American Family Association, Bradley Manning, Bryan Fischer, Southern Poverty Law Center, Julian Assange

Timeline Tags: Domestic Propaganda

English Defense League logo. The slogan “In hoc signo vinces” roughly translates to “In this sign you will conquer.”English Defense League logo. The slogan “In hoc signo vinces” roughly translates to “In this sign you will conquer.” [Source: BareNakedIslam (.com)]Florida pastor Terry Jones, who has achieved notoriety over his recent plans to burn Korans (see July 12, 2010 and After, September 9, 2010, and September 9-10, 2010), is invited to take part in a British event to discuss his anti-Islamic views. Jones is invited to take part in a February 2011 rally sponsored by the English Defense League (EDL), a right-wing nationalist organization. Other groups are asking the British government to prevent Jones from entering the UK. Jones welcomes the invitation, saying his appearance would be “positive” but admitting he would preach against “extremist Muslims.” He says he would not burn a Koran at the rally. Groups such as Unite Against Fascism and Hope Not Hate are pressuring the British government to keep Jones from attending the event. Of Muslims and Britain, Jones says: “We have no problem with Muslims—we have freedom of speech and religion—Muslims who want to make our country their country, obey our laws and constitution. We have a problem with them, which I believe you all have also, when they go on the street… and they call for the death of the UK, for the death of Israel, for the death of America. They call for Shari’a law. They say they are going to turn Buckingham Palace into a mosque and the Queen must convert to Islam or leave the country.” Jones admits to knowing little about the EDL. Weyman Bennett of Unite Against Fascism says: “Terry Jones is coming here to whip up Islamophobia and racism. We intend on calling a mass demonstration where everyone can oppose the growth of racism and fascism in this country.” Hope Not Hate’s Nick Lowles says: “Only extremists will benefit from his visit and, as we know, extremism breeds hatred and hatred breeds violence. It is yet another example of how the EDL exists only to sow the seeds of intimidation and division.” George Readings, a spokesman for the counter-extremism think tank Quilliam, adds: “Terry Jones is only coming to the UK to address a rally by the EDL, a far-right group whose protests have a track record of degenerating into violence. This suggests that his presence in the UK will not be conducive to the public good. The EDL has only invited him here to stir up trouble.” [BBC, 12/10/2010]
EDL Withdraws Invitation, Cites Jones's Anti-Gay, Racial Statements - Days later, the EDL withdraws its invitation, saying it does not agree with Jones’s inflammatory positions on homosexuality and race. Jones accuses the EDL of “bow[ing] to pressure from the government… and people within their own organization,” and promises to come to the UK in February “and organize something in London.” EDL spokesman Guramat Singh says that Jones approached the EDL asking to take part in the rally. The request sparked debate within the organization, Singh says: “A few of us have been debating the question of whether we bring him or not and after doing some research and seeing what his personal opinions are on racism and homosexuality, we are not allowing him to speak at our demonstration. He is not the right candidate for us. Although the English Defense League are sincere to what he has to say about Islam, we do not agree with some of his manifesto such as some of his issues with homosexuality and some of his issues with race. The EDL is anti-homophobic and we are a non-racism organization.” [BBC, 12/13/2010]
Home Office Denies Jones Entrance - Britain’s Home Office denies Jones entry to the UK after another group, England Is Ours, extends an invitation for Jones to take part in one of its events. A Home Office spokesperson says it denied Jones entrance to the UK because the government “opposes extremism in all its forms.… Numerous comments made by Pastor Jones are evidence of his unacceptable behavior. Coming to the UK is a privilege, not a right, and we are not willing to allow entry to those whose presence is not conducive to the public good. The use of exclusion powers is very serious and no decision is taken lightly or as a method of stopping open debate.” [BBC, 12/19/2010]

Entity Tags: Unite Against Fascism, Guramat Singh, George Readings, English Defense League, England Is Ours, Home Office, Terry Jones (pastor), Hope Not Hate, Weyman Bennett, Nick Lowles

Timeline Tags: US Domestic Terrorism

Lieutenant Colonel Terry Lakin, who has refused to obey orders deploying him to Afghanistan because, he says, he questions President Obama’s citizenship and therefore his right to issue orders to the military (see Before April 13, 2010), is convicted of disobeying orders from his lawful superior officers. In a court-martial, a military jury finds Lakin guilty of the specific charge of “missing movement by design.” His lawyers had argued that Lakin should be convicted only on lesser charges. He has already pled guilty to another charge that included not meeting with a superior when ordered to do so and not reporting for duty at Fort Campbell. During his trial, Lakin told the jury that he would “gladly deploy” if Obama’s original birth certificate were released and proved authentic (see June 13, 2008, August 21, 2008, October 30, 2008, and July 28, 2009). He could be sentenced to up to 42 months in prison, but the jury sentences him to six months in prison and dishonorably discharges him from the Army. He also forfeits his pension. During the sentencing phase of his trial, a tearful Lakin tells the jury: “I don’t want [my career] to end this way. I want to continue to serve.… It crushed me not to be on deployment. I can be on a plane tomorrow. I’d truly do that.” Before his trial, Lakin issued a belligerent press statement saying he “invited” the court-martial and refused to deploy until Obama “proved” his citizenship (see April 22-23, 2010). During the trial, prosecutors played a March 30, 2010 YouTube video by Lakin that accused Obama of “subvert[ing] law and truth” and ordered Obama to “release your original, signed birth certificate—if you have one.” Lakin also released a second video in July accusing the Army of convicting him “without a trial” (see July 17, 2010). During sentencing, Lakin called the March video an embarrassing mistake, brought on by pressure and poor advice from supposed supporters (see April 22-23, 2010, August 2, 2010 and August 31, 2010). “I would not do this again,” he said. “It was a confusing time for me, and I was very emotional. I thought I was choosing the right path, and I did not.… I thought this was such an important question that I had to get an answer. I thought I was upholding the Army values by questioning this… but I was wrong.” During the proceedings, “birthers” in the gallery repeatedly interrupt with applause at references to Obama’s birth certificate, and can be heard calling the trial “disgusting.” They also hand out pamphlets with a picture of Obama labeled “usurper” and “ineligible.” [TPM Muckraker, 12/14/2010; Stars and Stripes, 12/15/2010; Associated Press, 12/16/2010]

Entity Tags: Barack Obama, Terrence Lee (“Terry”) Lakin

Timeline Tags: US Military, Domestic Propaganda

A portion of the White House vegetable garden.A portion of the White House vegetable garden. [Source: Susty (.com)]Michael Reagan, a right-wing author and talk-show host, writes a column for the conservative news Web site NewsMax advising women to rebel against the agenda of “radical feminism” and get back to the traditional roles he believes they should adopt, beginning with a return to the kitchen. Reagan says that the US is “a nation whose distaff leadership is allowing radical feminists to redefine the role of motherhood,” and blames “a raging cadre of radical feminists” who “ostracize” mothers “should they dare to consider cooking for their families to be a major part of their traditional role as wives and mothers.” These “radical feminists” want women working at fast-food restaurants, Reagan claims, and not cooking for their families. Reagan then attacks First Lady Michelle Obama, who has become known for turning part of the White House lawn into a vegetable garden, as the Obama administration’s “food czar who instructs us on what chow is good for us and our children, who should cook it, and what foods should be kept off the national menu.” Reagan then writes, “Mothers are looked at with withering stares should they teach their daughters how to cook, and fathers get the same treatment if they concern themselves with their daughters’ future role as wives and mothers.” Reagan advises mothers to begin teaching their daughters to be the “family chef,” and fathers to “honor… and cherish” the family’s women “for making the kitchen one of their principal domains.” If this would happen, Reagan observes, “we’d be a lot better off.” However, something else is happening, with Michelle Obama “instruct[ing] us on what victuals we should eat,… warn[ing] us that the menu at the local fast-food emporium is the diet from hell,” and “dig[ging] up patches of the White House lawn [to plant] the seeds of what she tells us are the staples of a healthy diet—a diet regimen in the White House kitchens one doubts includes whatever puny edibles grown on the lawn of the Executive Mansion.” Reagan writes, “If she and her fellow radical feminists would devote more time to praising and defending the produce that farmers and retailers bring us, and less time playing the role as diet dictators, meals would be family celebrations instead of burdensome chores for the moms who cook them.” After lauding “tasty” fast-food meals as a “gift” a family can occasionally bequeath on a mother who spends most of her time cooking for her family, Reagan concludes: “A happy home is one in which moms teach their daughters how to cook tasty meals for their future families and dads teach their sons that one of their roles in family life is drying the dishes and otherwise doing chores around the house to lighten mom’s burdens. [W]omen should understand and act on the time-honored truth that the fastest route to a man’s heart is through his stomach, and not always through the drive-in window at the nearest fast-food restaurant. That’s one way we can begin to put the family—and America—back together.” [NewsMax, 12/17/2010] As of October 2010, the “puny” White House garden has produced, according to an analysis by The Week, “thousands of pounds of produce that has gone to feed the Obama family, White House guests, and the needy at a local food shelter. The first lady has also used the project [to] educate children about the benefits of fresh food.” The garden is 1,500 square feet in size, grows 55 different kinds of vegetables and other foodstuffs, uses no synthetic pesticides or fertilizers, produced over 1,000 pounds of food in 2009 and over 1,600 pounds of food in 2010, and was inspired by former President Thomas Jefferson’s garden at Monticello, Virginia. The White House garden also contains a beehive, which as of October 2010 had produced some 134 pounds of honey. [The Week, 10/22/2010]

Entity Tags: Michelle Obama, The Week (.com), Obama administration, Michael Reagan

Timeline Tags: Domestic Propaganda

Bryan Fischer, the director of issue analysis for government and public policy at the American Family Association (AFA), accuses the Obama administration of planning to give the entire North American landmass to Native American tribes. Fischer is reacting to a recent announcement by President Obama that the US will sign a non-binding United Nations declaration on the rights of indigenous peoples, which has been endorsed by 145 countries. The declaration states that “indigenous peoples have the right to the lands, territories, and resources which they have traditionally owned, occupied, or otherwise used or acquired,” and nations “shall give legal recognition and protection to these lands, territories, and resources.” Fischer writes that Obama “wants Indian tribes to be our new overlords.” He continues, “Perhaps he figures that, as an adopted Crow Indian, he will be the new chief over this revived Indian empire.” [Raw Story, 12/22/2010]

Entity Tags: Barack Obama, American Family Association, United Nations, Bryan Fischer, Obama administration

Timeline Tags: Domestic Propaganda

Hawaiian Governor Neil Abercrombie (D-HI) says he is “incensed” over the so-called “birther” conspiracy theory that asserts President Obama was born in a foreign land and not, as documents have proven, in Honolulu (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, October 30, 2008, July 1, 2009, July 28, 2009, July 28, 2009, and July 29, 2009). Abercrombie knew Obama’s parents when they attended university in Hawaii, and remembers seeing Obama as a baby when his parents took him to social events. He says he wants to change state policy to allow him to release additional proof that the president was born in Honolulu in 1961. “It’s an insult to his mother and to his father, and I knew his mother and father; they were my friends, and I have an emotional interest in that,” Abercrombie says. “It’s an emotional insult. It is disrespectful to the president; it is disrespectful to the office.” Abercrombie says he has talked to Hawaii’s attorney general and the chief of the Department of Health about how he can release more explicit documentation of Obama’s birth. “He’s a big boy; he can take sticks and stones. But there’s no reason on earth to have the memory of his parents insulted by people whose motivation is solely political. Let’s put this particular canard to rest.” He acknowledges that no matter what he does, some will remain unconvinced. Some of those critics, Abercrombie says, are engaging in a “demonological fantasy” about Obama’s birth. Referring to efforts in several state legislatures to force presidential candidates to produce authentic birth certificates (see February 14-27, 2011), he says, “[I]t is very difficult for me not to conclude that bills like that are meant as a coded message that he is not really American.” [New York Times, 12/24/2010] Abercrombie will abandon his attempt to procure the “explicit” documentation, presumably the “long form” certificate kept on file in Hawaii’s state records (see July 1, 2009), because Hawaii’s attorney general will inform him that the law precludes his disclosing any such information without the person in question’s explicit consent. “There is nothing more that Governor Abercrombie can do within the law to produce a document,” Abercrombie spokeswoman Donalyn Dela Cruz will say. [St. Petersburg Times, 2/27/2011]

Entity Tags: Donalyn Dela Cruz, Neil Abercrombie, Barack Obama

Timeline Tags: Domestic Propaganda

Controversial Mecklenburg County (North Carolina) Commissioner Bill James calls homosexuals “sexual predators,” drawing a wave of criticism. James engages in an email exchange with fellow commissioners about the Pentagon’s “don’t ask, don’t tell” (DADT) policy, which basically allows gays to serve in the military if they stay quiet about their sexual orientation. “Homosexuals are sexual predators,” James writes. “Allowing homosexuals to serve in the US military with the endorsement of the Mecklenburg County Commission ignores a host of serious problems related to maintaining US military readiness and effectiveness, not the least of which is the current Democrat plan to allow homosexuals (male and female) to share showers with those they are attracted to.” James, a Republican, has a long history of vilifying homosexuals (see April 29, 2005), including a recent attack on fellow commissioner, Vilma Leake, over the loss of her son to AIDS (see December 17, 2009). James blames fellow commissioner Jennifer Roberts, the chair of the County Commission, for “making” him launch his latest attack on homosexuals. “People are entitled to their opinion, and that includes me,” James says. “I don’t expect people to [always] agree with me. It’s a political discussion and I wouldn’t have raised it on my own, but Jennifer decided to wade in on it.” Change.org, a national organization for progressive social change, is collecting signatures on a petition asking the Mecklenburg County Commission to censure James. Roberts says she has not spoken to other commissioners about James. “The challenge is everyone recognizes that it’s inappropriate language,” she says. “This is a repeat performance and I just don’t know if it helps or hurts the end goal by making any kind of formal statement.” In response to the controversy, James sends out a mass email further vilifying homosexuals (see December 30, 2010). James has attacked other groups as well as homosexuals: in 2004, he accused urban blacks of living in what he called a “moral sewer,” and in 2008 compared illegal immigrants to drug dealers and prostitutes. [Charlotte Observer, 12/31/2010; Andy Towle, 12/31/2010]

Entity Tags: Change.org, Vilma Leake, Mecklenburg County Commission (North Carolina), US Department of Defense, Jennifer Roberts, Bill James

Timeline Tags: Domestic Propaganda

Mecklenburg County Commissioner Bill James responds to criticism of his recent characterization of homosexuals as “sexual predators” (see Late December 2010) by sending out a mass email further vilifying homosexuals. He then posts the email on his Web site. In a letter titled “Red Phone,” James says that YMCAs across America have had to implement procedures to “prevent homosexuals from preying on men,” and says that since the Obama administration has repealed the Pentagon’s “Don’t Ask, Don’t Tell” (DADT) policy, Congress must develop rules “to protect young heterosexual military members from predatory behavior” by gays. James writes: “[L]ike a whore in church, homosexuals have been on their best behavior because that behavior was illegal and they didn’t want to risk being kicked out.… I can hear liberals screaming into their monitors, ‘They aren’t predators!’ I disagree. Go down to the Dowd YMCA and let them show you the ‘red phone.’ They had to put it in to stop homosexuals from ogling straight business men in the showers and changing rooms.” James is referring to a YMCA in Charlotte, North Carolina; there is no evidence that the Dowd YMCA or any other YMCA facilty has anything similar to James’s “red phone.” He also claims, without presenting evidence, that Mecklenberg County spent “big bucks” redesigning a local park so that it would not attract homosexuals. “Repealing DADT was a left-wing political move made before Christmas by a lame-duck Democrat Congress,” he writes. “That vote comes with some severe consequences for military readiness. The left-wing of America and radical homosexuals will be out in force to try and prevent any rules that would protect [heterosexual soldiers]. Young kids who enlist will become sexual targets in the new US military.” He concludes by citing an unattributed letter he claims to have received that states in part, “I am afraid that from now on, in the military, I will be punished for speaking up now that immoral conduct is condoned.” [Bill James, 12/30/2010 pdf file; LBGTQ Nation, 12/31/2010] James has a long history of attacking and vilifying homosexuals (see April 29, 2005 and December 17, 2009).

Entity Tags: Obama administration, Young Men’s Christian Association, US Department of Defense, Bill James

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

Governor Rick Scott (R-FL) withdraws a request to have the federal government approve two new Florida redistricting amendments. Under the Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989), the Justice Department (DOJ) must approve any redistricting changes made by Florida to make sure they do not diminish minority voting access. Amendments 5 and 6 were approved by 63 percent of Florida voters in November 2010, the same election that awarded Scott the governorship. The amendments impose new standards for legislators to follow for redistricting in 2012. Then-acting Secretary of State Dawn Roberts submitted the new standards to the DOJ for approval. Scott does not explain his withdrawal, but media reports speculate that he is working with Florida Republicans, who have challenged the new amendments in court. Scott replaced Roberts with former Secretary of State Kurt Browning, the head of Protect Your Vote, an organization which led the opposition to Amendments 5 and 6. Scott only says: “One of the things that we’re looking at is the amendments that were passed, how they’re going to be implemented. We want to make sure that with regard to redistricting, it’s fair, it’s the right way of doing it. So it’s something I’m clearly focused on.” Of Browning, he says, “My agents will do everything we can to make sure it’s fairly done.” The Florida Department of State denies any involvement by Browning in the decision to withdraw the request. Scott’s spokesman Brian Hughes says, “This withdrawal in no way impedes the process of redrawing Florida’s legislative and Congressional districts.” Florida Democrats say Scott is attempting to delay or block implementation of the amendments. Fair Districts Now, the organization that proposed the amendments, issues a statement accusing Scott of trying to subvert the will of the people. It says: “Within its first days in power, the new administration of Governor Rick Scott, through its Department of State, took extraordinary steps to thwart the will of the overwhelming majority of Florida voters who voted for redistricting reform in Florida. On, November 2, 63 percent of Florida voters amended the Florida Constitution to include new non-partisan redistricting standards. When new laws affect voting as these do, the Voting Rights Act requires that the standards be reviewed and ‘pre-cleared’ by the Justice Department (DOJ). It is the duty of the state to request DOJ pre-clearance. Governor Crist ordered that a formal request for pre-clearance be filed. The Florida secretary of state’s office filed that request on December 10, 2010. On January 7, 2011, as one of its first acts, the new administration of Governor Rick Scott, through its Department of State, in an apparent attempt to thwart the will of the voters, wrote to DOJ withdrawing the amendments from review.” Fair Districts Now may sue Florida to have the new standards reviewed by the DOJ. Senate Democratic Leader Nan Rich says Scott should follow the “will of the voters,” and adds: “The governor got elected with 48 percent and he calls that a mandate. I think that the amendment passing with 63 percent is definitely a mandate.” NAACP board member Leon Russell, who supports the two amendments, says Scott is abusing his power “to prevent implementation of these needed reforms.” Regardless of what is and is not done, the redistricting plans will have to receive “pre-clearance” under the VRA before being implemented. Scott does not inform the media of his withdrawal, and reporters do not learn of it until almost the end of January. Scott makes the withdrawal three days after being sworn in as governor. [Miami Herald, 1/25/2011; The Ledger, 1/25/2011; Florida Independent, 1/25/2011]

Entity Tags: Leon Russell, Dawn Roberts, Charles Joseph (“Charlie”) Crist, Jr, Brian Hughes, Fair Districts Now, Kurt Browning, Protect Your Vote, Rick Scott, US Department of Justice, Voting Rights Act of 1965, Nan Rich, Florida Department of State

Timeline Tags: Civil Liberties

The Arizona legislature unanimously passes legislation designed to keep protesters from the anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) from demonstrating at the funeral of a nine-year-old girl murdered during an assassination attempt on Representative Gabrielle Giffords (D-AZ). Governor Jan Brewer signs it into law almost immediately thereafter. Brewer says the law “will assure that the victims of Saturday’s tragic shooting in Tucson will be laid to rest in peace with the full dignity and respect that they deserve,” and praises lawmakers for what she calls “a remarkable spirit of unity and togetherness.” The bill, which does not mention the Tucson shooting of Giffords and others, prohibits protests at or near funeral sites. The bill is proposed and passed within 90 minutes. Christina Taylor Green will be laid to rest on January 13; she is one of six people killed in the shooting. Giffords and 13 others were wounded, some, like Giffords, gravely. The WBC said it plans to protest the funeral because “God sent the shooter to deal with idolatrous America.” State Senator Kyrsten Sinema (D-AZ) says: “This is just horrific that people have to deal with this. We shouldn’t have to do this in time of great pain for our state.” Arizona’s law is modeled on a similar law passed by Ohio and upheld in a federal court of appeals. The Arizona law makes it a misdemeanor punishable by up to six months in jail to picket or conduct other protest activities within 300 feet of a funeral or burial service from one hour before the event to one hour after. WBC official Shirley Phelps-Roper says the church will go ahead with the protest, but at a location some 1,000 feet from the funeral. She says the church will also picket at the funeral of US District Judge John M. Roll, another victim of the shooting. State Senator Paula Aboud (D-AZ) says volunteers are organizing a “human shield” to block protesters from the view of family members. Senate President Russell Pearce (R-AZ) says the bill “is a good compromise that doesn’t trample our God-given rights.” [Associated Press, 1/11/2011] The next day, the WBC announces that its plans to protest the funerals are canceled. Church officials say the protests are canceled in return for an interview on a nationally syndicated radio talk show hosted by Mike Gallagher, a deal similar to one the church made in 2006 (see October 2-3, 2006), and other interviews on regional radio shows. Phelps-Roper says the interviews will give more publicity to the church than the protests would: “It’s always a question of where can you put the words in the most ears.” Gallagher says of his offer: “Believe me, I’m doing this show with a heavy heart. I don’t like the idea of giving them the satisfaction of this, but I believe my radio airwaves are less important than them hurting families.” [Topeka Capital-Journal, 1/12/2011]

Entity Tags: Mike Gallagher, Gabrielle Giffords, Christina Taylor Green, Jan Brewer, Kyrsten Sinema, Russell Pearce, Shirley Phelps-Roper, John M. Roll, Westboro Baptist Church, Paula Aboud

Timeline Tags: US Domestic Terrorism

Paul LePage.Paul LePage. [Source: Portland Press-Herald]Maine Governor Paul LePage (R-ME) says that the NAACP can “kiss my butt” after explaining why he is refusing to attend any events honoring the late Dr. Martin Luther King Jr. on King’s national holiday. LePage tells a local reporter that he considers the NAACP a “special interest” group, and adds: “End of story. And I’m not going to be held hostage by special interests. And if they want, they can look at my family picture. My son happens to be black, so they can do whatever they’d like about it.” Asked if his absence is an indication of a pattern rather than an isolated incident, LePage responds: “Tell ‘em to kiss my butt. If they want to play the race card, come to dinner and my son will talk to them.” LePage, a tea party-backed candidate who was sworn into office last week, has an adopted son of Jamaican heritage. Maine NAACP director Rachel Talbot Ross responds: “I don’t care who he’s got in his family. And he’s saying we’re playing the race card? The makeup of his family isn’t the issue and it never was the issue. For him to say we’re playing the race card shows a real lack of awareness of the very important issues we’re working to address. Our kids deserve better. Maine deserves better. His son deserves better.” Ross goes on to call LePage’s comments “ignorant,” and adds, “We don’t want to misinterpret his intention, but the message we’re getting is that we’re not welcome and we’re not part of the Maine he’s preparing to lead for the next four years.” Ralph Carmona, spokesman for the League of United Latin American Citizens, says LePage’s comments today put him in mind of his fall campaign promise to tell President Obama to “go to hell.” Carmona says: “The governor’s comments are creating, have the potential to create, a real racial dilemma for all Mainers. It is astonishing and troubling he would use this kind of rhetoric.” LePage later adds that he has prior personal and professional commitments that prevent him from attending events in honor of King. NAACP leaders say LePage has previously turned down a number of invitations from the group in recent months. LePage spokesman Dan Demeritt later sends out a statement denying the issue has anything to do with race, and notes that while mayor of Waterville, LePage attended several Martin Luther King Day breakfasts. Demerrit says: “This is not about race. Paul has a black son. This is about a special interest group taking issue with the governor for not making time for them and the governor dismissing their complaints in the direct manner people have come to expect from Paul LePage.” Demerrit calls LePage “very free spoken.” [Portland Press-Herald, 1/14/2011; Think Progress, 1/14/2011; Kennebec Journal, 1/14/2011] Maine’s Congressional delegation, whose members are all either attending the MLK Day events in person or sending representatives, declines to comment on LePage’s remarks. NAACP president Benjamin Jealous calls LePage’s comments “inflammatory,” and issues a statement reading in part: “Gov. LePage’s decision to inflame racial tension on the eve of the King holiday denigrates his office. His words are a reminder of the worst aspects of Maine’s history and out of touch with our nation’s deep yearning for increased civility and racial healing.” [Waterville Morning Sentinel, 1/15/2011] Washington Post columnist Jonathan Capehart, an African-American, says of LePage’s comments: “Wow. Uncivil. Uncouth. Appalling. Reducing the NAACP and its venerable history of fighting for civil rights to ‘special interests’ is pure ideological laziness in the extreme.” He continues: “Just because LePage has a black son (by adoption) doesn’t mean no one can or should question his racial sensitivities.… Despite LePage’s offensive posterior invitation, I urge the Portland, Maine, branch of the NAACP to keep inviting the rude governor to events. Blacks are only 1.2 percent of the state’s population. But sooner or later, LePage will have to learn that he can’t talk to citizens of his state like that.” [Washington Post, 1/14/2011] In previous years, Maine’s governor has alternated between breakfasts honoring King in Portland and Bangor. This year’s breakfast is being held in Portland. LePage has been issuing rejections to attend the King breakfast since December 2010. He intends to release a pre-recorded radio address honoring King’s legacy. Bob Talbot, a 70-year-old executive board member of the Greater Bangor Area NAACP, says he cannot remember when a Maine governor did not attend one of the breakfasts, with the sole exception of former Governor John Baldacci (D-ME), who attended President Obama’s inauguration in 2009 instead of attending one of the breakfasts. “Governor LePage keeps saying he represents all Mainers,” Talbot says. “Well, I’m an eighth-generation Mainer. I think he needs to reconsider what it means to be a Mainer. He needs to understand that we’re all Mainers, not just a certain few or a certain political party.” [Kennebec Journal, 1/14/2011]

Entity Tags: Barack Obama, Benjamin Jealous, Bob Talbot, Jonathan Capehart, Dan Demeritt, Ralph Carmona, National Association for the Advancement of Colored People, Paul LePage, Rachel Talbot Ross, John Baldacci

Timeline Tags: Domestic Propaganda, 2010 Elections

WorldNetDaily, a conservative news blog, reports that Governor Neil Abercrombie (D-HI) says the Hawaii Department of Health may not be able to locate the “long form” birth certificate for President Obama that it is required to keep on file. Previously, Health Department chief Chiyome Fukino said that she has personally seen the “long form” certificate and can vouch for its authenticity (see October 30, 2008 and July 28, 2009). According to an article written by Jerome Corsi, Abercrombie tells a Honolulu Star-Advertiser reporter that he intends to find “definitive valid records” that prove Obama was born in Hawaii in order to head off a possible controversy during Obama’s 2012 re-election bid (see December 24, 2010). Corsi has written numerous attacks on Obama in the past, and most have been found to have been riddled with errors and falsehoods (see August 1, 2008 and After, August 15, 2008, October 8, 2008, and October 9, 2008). Corsi also reports that Abercrombie intends to find and make public what Corsi calls “a recording of the Obama birth in the state archives,” presumably the long form. “It was actually written, I am told, this is what our investigation is showing, it actually exists in the archives, written down,” Abercrombie says. Corsi says that the “short form” birth certificate provided by Obama during the 2008 election campaign (see June 13, 2008) is fraudulent, and that though “two purportedly independent Web sites that have displayed a strong partisan bias for Obama—Snopes.com… FactCheck.org” have published photographs of the document (see August 21, 2008), WND reports have stated that “the Hawaii Department of Health has refused to authenticate the COLB [certificate of live birth] posted on the Internet.” Corsi goes on to say that Obama’s parents could have lied about his birth to Hawaiian authorities, and that newspaper announcements of his birth published in 1961 (see July 2008) “do not prove he was born in Hawaii, since they could have been triggered by the grandparents registering the birth as Hawaiian, even if the baby was born elsewhere.” Corsi also says that the address in the press announcements was that of Obama’s maternal grandparents, not his father’s, who maintained a separate apartment in Honolulu “after he was supposedly married to Ann Dunham, Barack Obama’s mother.” He also claims that “Dunham left Hawaii within three weeks of the baby’s birth to attend the University of Washington in Seattle,” apparently in an effort to insinuate that she is not Obama’s actual mother. Corsi quotes Tim Adams, whom he identifies as “a former senior elections clerk for the city and county of Honolulu in 2008,” as saying that “no long form, hospital-generated birth certificate” for Obama exists in the Hawaiian Department of Health, “and that neither Honolulu hospital—Queens Medical Center or Kapiolani Medical Center—has any record that Obama was born there.” [WorldNetDaily, 1/18/2011] The non-partisan fact-checking organization PolitiFact will investigate Corsi’s claims, and find them fraudulent (see February 14-27, 2011). Four months later, Obama will release the “long form” certificate (see April 27, 2011).

Entity Tags: Tim Adams, WorldNetDaily, Hawaii Department of Health, Chiyome Fukino, Barack Obama, Ann Dunham, PolitiFact (.org ), Neil Abercrombie, Jerome Corsi

Timeline Tags: Domestic Propaganda

A screenshot of Glenn Beck’s Web site, currently displaying this image on the front page. It juxtaposes a message urging Americans to ‘stand together against all violence’ with an image of Beck posing with a handgun.A screenshot of Glenn Beck’s Web site, currently displaying this image on the front page. It juxtaposes a message urging Americans to ‘stand together against all violence’ with an image of Beck posing with a handgun. [Source: Glenn Beck]Fox News talk show host Glenn Beck denies he ever advised his viewers to “shoot” Democratic leaders such as Nancy Pelosi “in the head.” Beck made his statement during a June 2010 broadcast on Fox (see June 9, 2010), and at the time his comments were not widely publicized. In the aftermath of the January 2011 shooting of Democratic Representative Gabrielle Giffords (D-AZ), his comments become publicized and garner heavy criticism. Today, Beck joins his producer Steve ‘Stu’ Burguiere on his daily radio show to deny making the comments. Beck begins by accusing his “leftist” critics of twisting his words. He cites a story on the right-wing news Web site The Blaze, titled, “Did Glenn Beck really tell his audience to shoot people in the head?” and then cites a blog, Patterico’s Pontifications, that claims an “analysis” of his statement really shows that he was warning about the likelihood of Democratic politicians being shot by “radical leftists.” Beck introduces the Blaze story, then says: “This is the worst of the worst. This is the left, and those who don’t care about truth, honor, or justice at all.” Burguiere adds: “It’s just so blatant. They don’t even try to hide it anymore.” Beck then says: “And will do anything they have to do to discredit, dishonor, and inflame.… This is so easy to explain.” He presents an audio clip of his June 2010 broadcast, then says, “Let me give you the context.” He says that when he said in 2010: “You’re going to have to shoot them in the head. But warning, they may shoot you,” the “you” referred to “leftists politicians in Washington and the people in the media on the left,” while “they” referred to their “radical leftists friends. In this clip I am warning that ‘they,’ the revolutionaries that have been co-opted by the politicians and the media, they actually believe, and have called for a violent revolution. They believe it. And I was warning last summer that if they feel betrayed, if they feel like you’ve been lying to them, you’ve been using them—they’ll kill you. They’ll kill you, because they believe in something.” Burguiere adds: “And we know that because they’ve said it in their own words. They have said they wanted violence, and now that they think that they have someone on their side, if that person lets them down, you’re in danger too, and they’ve said that.” Beck says that “just because [Washington leftists] don’t actually believe in anything, doesn’t mean nobody else does. We do. Millions. You know why you’re confused by this show? It’s because I believe in something. You don’t.” Beck and Burguiere go on to accuse “radical leftists” of wanting to establish a communist tyranny in America, and to exterminate 25 million Americans who believe in democracy. [Media Matters, 1/21/2011; Jonathon Seidl, 1/21/2011]

Entity Tags: Nancy Pelosi, Gabrielle Giffords, Glenn Beck, The Blaze, Patterico’s Pontifications, Steve (“Stu”) Burguiere

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Donald Trump, addressing an audience at the 2011 Conservative Political Action Conference.Donald Trump, addressing an audience at the 2011 Conservative Political Action Conference. [Source: Red Dog Report (.com)]Billionaire entrepeneur and television host Donald Trump tells an audience at the Conservative Political Action Conference that President Obama “came out of nowhere,” and adds: “In fact, I’ll go a step further: the people that went to school with him, they never saw him, they don’t know who he is. It’s crazy.” Trump, who receives cheers for the statement, tells the assemblage that he is considering running for president in 2012 as a Republican. He is apparently trying to revive the so-called “birther” claims that Obama is not a valid American citizen (see (see July 20, 2008, August 15, 2008, October 8-10, 2008, October 16, 2008 and After, November 10, 2008, December 3, 2008, August 1-4, 2009, May 7, 2010, Shortly Before June 28, 2010, and Around June 28, 2010). In response, PolitiFact, a non-partisan political research organization sponsored by the St. Petersburg Times, retraces Obama’s academic career: Obama attended kindergarten in Honululu, and moved with his family to Jakarta, Indonesia, in 1967, where he attended a Catholic elementary school, St. Francis Assisi Catholic, as well as Besuki Public School, until age 11. He then returned to Honolulu, where he lived with his maternal grandparents and attended a private college preparatory school, Punahou School, until he graduated with a high school diploma. In 1979, he attended Occidental College in Los Angeles, transferred to Columbia University in 1981, and graduated from that university in 1983. He later attended, and graduated from, Harvard Law School in 1991. Trump’s claims apparently center on rumors that “no one knew him” at Columbia University, fueled in part by a 2008 editorial by the Wall Street Journal (see September 11, 2008), which repeated the “finding” of a Fox News “investigation” that found 400 classmates of Obama’s had not known him at the time. Another source is Libertarian vice-presidential candidate Wayne Allyn Root, who attended Columbia at the same time as Obama and says: “I think the most dangerous thing you should know about Barack Obama is that I don’t know a single person at Columbia that knows him, and they all know me. I don’t have a classmate who ever knew Barack Obama at Columbia” (see September 5, 2008). Obama has himself said he did little socializing at Columbia, and though he had some involvement with the Black Students Organization and participated in anti-apartheid activities, spent most of his time studying: “Mostly, my years at Columbia were an intense period of study,” he has said. “When I transferred, I decided to buckle down and get serious. I spent a lot of time in the library. I didn’t socialize that much. I was like a monk.” The Journal noted a May 2008 story from the Associated Press containing an interview with Obama’s former roommate, Sohale Siddiqi, who verified Obama’s claims, and in January 2009, the New York Times published an interview with another roommate from the time, Phil Boerner, who also validated Obama’s claims of being a bookish, rather solitary student. PolitiFact interviews Cathie Currie, a professor at Adelphi University, who remembers Obama occasionally playing pick-up soccer with her and a group of friends on the lawn outside the library. She says he made an impression because of his athleticism, his maturity, and his wisdom, and she assumed that he was several years older than he actually was. “My sense of it was that he was keeping a low profile,” Currie tells the PolitiFact interviewer. “We’d ask him to go out with us for beers after soccer. He seemed like he wanted to, but then he’d step back and say, ‘Sorry, I’m going to the library.’” PolitiFact lists an array of articles covering Obama’s time at Occidental and Harvard Law School, noting that “[d]ozens of former classmates and teachers from those schools have publicly shared their recollections (and photos) of Obama. Obama was the president of the prestigious Harvard Law Review journal, for goodness sake.” PolitiFact has also found “plenty” of people who remember Obama from elementary and high school, in Indonesia and Hawaii. PolitiFact concludes: “We could get deeper into this but it seems like overkill. It’s abundantly clear that there are lots and lots of former classmates who remember Obama at every level of school. It’s true that Obama’s two years at Columbia are relatively undocumented. And far fewer classmates have publicly shared recollections of Obama from that period, as opposed to other school years before and after. At Columbia, Obama was a transfer student, he lived off campus, and by his and other accounts he buried himself in his studies and didn’t socialize much. But even so, there are several students who recall Obama at Columbia. In short, media accounts and biographies are filled with on-the-record, named classmates who remember Obama. Trump is certainly right that presidential candidates are heavily scrutinized. As even a basic online search confirms, Obama’s school years were, too. Trump’s claim that people who went to school with Obama ‘never saw him, they don’t know who he is’ is ridiculous. Or, to borrow Trump’s phrase, it’s crazy.” [St. Petersburg Times, 2/10/2011; JamesJoe, 2/17/2011]

Entity Tags: St. Francis Assisi Catholic, Wall Street Journal, Wayne Allyn Root, Sohale Siddiqi, Occidental College, PolitiFact (.org ), Columbia University, Conservative Political Action Conference, Cathie Currie, Barack Obama, Besuki Public School, Donald Trump, Fox News, Harvard University Law School, Phil Boerner, Punahou School

Timeline Tags: Domestic Propaganda, 2012 Elections

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

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

Timeline Tags: Civil Liberties

Lara Logan, in a 2008 photo from Iraq.Lara Logan, in a 2008 photo from Iraq. [Source: CBS News]Lara Logan, CBS’s chief foreign correspondent and a veteran war reporter, is beaten and sexually assaulted by a mob celebrating the resignation of Egyptian President Hosni Mubarek in Cairo. Logan and her colleagues, including a small security force, are surrounded by over 200 people during a celebration in Tahrir Square. Logan is separated from her group and subjected to what CBS calls “a brutal and sustained sexual assault and beating.” She is rescued by a group of women and 20 Egyptian soldiers, and returns to the United States the next day for medical treatment. The network does not release full details of her injuries, and Logan’s family asks that her privacy be respected while she recovers. [Washington Post, 2/15/2011]
Fellow Journalist Accuses Logan of Trying to 'Become a Martyr' - Within days, American commentators and pundits begin blaming Logan for bringing her injuries upon herself. Nir Rosen, a journalist and foreign policy scholar, posts a series of comments on Twitter accusing Logan of trying to upstage CNN’s Anderson Cooper, who days before had been beaten by a crowd of Egyptians while covering the protests in Cairo. Rosen writes: “Lara Logan had to outdo Anderson. Where was her buddy McCrystal?” referencing General Stanley McChrystal (see September 22, 2009), who once led American troops in Afghanistan and whom Logan has defended in her reporting. Rosen then goes on to say that had Cooper also been sexually assaulted, he would have found it amusing: “Yes yes its wrong what happened to her. Of course. I don’t support that. But, it would have been funny if it happened to Anderson too.” Reacting to her defense of McChrystal, he posts, “Jesus Christ, at a moment when she is going to become a martyr and glorified we should at least remember her role as a major war monger,” and finishes his Twitter blast with, “Look, she was probably groped like thousands of other women, which is still wrong, but if it was worse than [sic] I’m sorry.” Rosen quickly issues an apology and deletes some of his posts, calling his comments “a thoughtless joke” and saying that he “added insult to Ms. Logan’s injury.” Within 24 hours, he steps down from his position as a fellow of New York University’s Center on Law and Security. In a statement, the center’s executive director Karen Greenberg says that Rosen “crossed the line with his comments about Lara Logan.” She continues: “I am deeply distressed by what he wrote about Ms. Logan and strongly denounce his comments. They were cruel and insensitive and completely unacceptable. Mr. Rosen tells me that he misunderstood the severity of the attack on her in Cairo. He has apologized, withdrawn his remarks, and submitted his resignation as a fellow, which I have accepted. However, this in no way compensates for the harm his comments have inflicted. We are all horrified by what happened to Ms. Logan, and our thoughts are with her during this difficult time.” Rosen then sends an email claiming that Logan received undue media attention because she is white: “Had Logan been a non-white journalist, this story would have never made it to the news. Ahmed Mahmoud, an Egyptian journalist, was killed in cold blood and nobody ever heard of him. Dozens of other women were harassed.” [National Review, 2/15/2011; The Atlantic, 2/15/2011; Washington Post, 2/16/2011; Huffington Post, 2/16/2011] A columnist for the conservative National Review, Jim Geraghty, calls Rosen’s comments “appalling.” [National Review, 2/15/2011] Rosen will attempt to explain his comments about Logan in an article for Salon (see February 17, 2011).
Right-Wing Columnist: Logan Herself to Blame for Assault at Hands of Muslim 'Animals' - Right-wing pundit and columnist Debbie Schlussel claims that Logan’s assault is typical of how Muslims celebrate anything. She captions her blog post with the tagline, “Islam Fan Lara Logan Gets a Taste of Islam,” and writes: “Hey, sounds like the threats I get from American Muslims on a regular basis. Now you know what it’s like, Lara.” Schlussel goes on to mock Logan’s request for privacy concerning the incident, and seemingly blames Logan for deciding to try to cover the celebration: “So sad, too bad, Lara. No one told her to go there. She knew the risks. And she should have known what Islam is all about. Now she knows. Or so we’d hope. But in the case of the media vis-a-vis Islam, that’s a hope that’s generally unanswered. This never happened to her or any other mainstream media reporter when Mubarak was allowed to treat his country of savages in the only way they can be controlled. Now that’s all gone. How fitting that Lara Logan was ‘liberated’ by Muslims in Liberation Square while she was gushing over the other part of the ‘liberation.’ Hope you’re enjoying the revolution, Lara!” Schlussel updates her blog post with a denial that she supported any “‘sexual assault’ or violence against Lara Logan,” insults her critics’ reading ability, and restates her belief that the assault on Logan is emblematic of Muslims around the world, whom she repeatedly calls “animals.” [Debbie Schlussel, 2/15/2011; Salon, 2/15/2011]
Right-Wing Blogger: Logan's 'Liberal' Beliefs Caused Attack - Right-wing pundit Jim Hoft of the influential blog Gateway Pundit blames Logan’s “liberal belief system” for her attack, and, like Schlussel, blames Logan for the attack. Hoft writes: “Why did this attractive blonde female reporter wander into Tahrir Square last Friday? Why would she think this was a good idea? Did she not see the violence in the square the last three weeks? Did she not see the rock throwing?… Did her colleagues tell her about the Western journalists who were viciously assaulted on the Square? Did she forget about the taunts from the Egyptian thugs the day before? What was she thinking? Was it her political correctness that about got her killed? Did she think things would be different for her?… Lara Logan is lucky she’s not dead.” Like Schlussel, Hoft refuses to retract or apologize for his post, and says “the far left” is at fault for reacting badly “when their tenets are questioned. It must be hard when someone holds a mirror up and you see that your twisted agenda has caused such havoc and pain around the world. These warped individuals must have missed that day of school when they talked about playing with fire.” Hoft calls a report on his commentary by progressive media watchdog organization Media Matters “a dishonest smear job.” [Jim Hoft, 2/16/2011; Media Matters, 2/16/2011] Commenters on Hoft’s blog post take his comments even further. One says Logan must have “the IQ of a tree stump.” Another chortles that she is now an “in-bedded reporter.” Another says, “I only wish it would have happened to [CBS news anchor] Katie Couric.” Another commenter says, “Shame that this is the only cure for a brain dead liberal!” And one commentator, echoing Schlussel, writes, “Hey, if you can’t handle rape, stay out of a Muslim country.” A number of commenters deny that Logan is a victim, because, as one writes, she “knowingly walked into” the situation and therefore is herself to blame, and one says for Logan to expect “a free pass” for being a woman in an Islamic society is cause enough for her to be assaulted. Many commenters question the entire incident, claiming that it is a “liberal fantasy” designed to give conservatives an opportunity to portray conservatives as racist and misogynistic. [Jim Hoft, 2/16/2011] Progressive blogger and pundit Bob Cesca responds to both Hoft and Schlussel: “There aren’t sufficient obscenities to describe Hoft and others his filth. Like Debbie Schlussel, for example.” [Bob Cesca, 2/16/2011]

Entity Tags: Katie Couric, Hosni Mubarak, Jim Geraghty, Jim Hoft, Debbie Schlussel, CBS News, Lara Logan, Bob Cesca, Nir Rosen, Karen Greenberg, Anderson Cooper, Ahmed Mahmoud

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

Leo C. Berman.Leo C. Berman. [Source: Texas Tribune]Texas State Representative Leo C. Berman (R-TX), discussing his proposed bill to require presidential candidates to show their birth certificates to the Texas secretary of state, says the bill centers on “doubts” about whether President Obama was actually born in the US, and therefore is a US citizen. Berman is referring to the ongoing “birther” controversy that has cast doubt on Obama’s citizenship (see (see July 20, 2008, August 15, 2008, October 8-10, 2008, October 16, 2008 and After, November 10, 2008, December 3, 2008, August 1-4, 2009, May 7, 2010, Shortly Before June 28, 2010, Around June 28, 2010, and February 10, 2011). “We don’t think the president was vetted, and it’s just that simple,” Berman tells a reporter. “I read different things that say he was born in Hawaii, and then I read the governor [of Hawaii] can’t find anything that says he was born in Hawaii.” PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, investigates Berman’s claim that Hawaii Governor Neil Abercrombie (D-HI) “can’t find anything that says” Obama was born in his state. A PolitiFact researcher contacts Berman for clarification, and Berman says: “I just listen to the news, I don’t write it down. It’s been on several news stations that he [Abercrombie] said he was going to resolve this once and for all, and when he tried to… he couldn’t find anything.” Berman has expressed his doubts about Obama’s heritage before, telling a Lubbock, Texas, reporter that “the American people don’t know whether he was born in Kenya or some other place.” While Obama’s father was born in Kenya, Obama himself was born in Honolulu, Hawaii. Obama has released a valid copy of his birth certificate (see June 13, 2008), and the certificate has been validated numerous times (see June 27, 2008, July 2008, August 21, 2008, October 30, 2008, and July 28, 2009). However, Berman says the document released by the Obama campaign is the “short form” certificate, and questions why Obama has never released the “long form” certificate. Hawaiian officials have long debunked the idea that there is any significant difference between the two versions (see July 1, 2009). Abercrombie has expressed his anger over the “birther” controversy, and says he intends to seek ways to release more “explicit” documentation about Obama’s birth, presumably the “long form” that by Hawaiian law must remain in state government possession (see December 24, 2010). Berman is apparently referring to an article on the conservative news blog WorldNetDaily (WND), which in January reported that Abercrombie suggested that the “long form” certificate for Obama “may not exist” (see January 18, 2011). Hollyword reporter Mike Evans, who represents himself as a longtime friend of Abercrombie’s, has told a KQRS-FM interviewer in Minnesota that Abercrombie told him he searched “everywhere” at Hawaii hospitals and that “there is no Barack Obama birth certificate in Hawaii. Absolutely no proof at all that he was born in Hawaii.” However, Evans was later quoted on FoxNews.com as saying he misspoke, and confirmed that he never spoke to Abercrombie at all once his “friend” became governor of Hawaii. Hawaii Health Department spokesperson Janice Okubo tells PolitiFact that Berman is incorrect in believing that there is any real difference between the “long form” and “short form” certificates: “When you request a birth certificate, the one you get looks exactly like the one posted on his site. That’s the birth certificate.” PolitiFact finds Berman’s statements entirely false. [St. Petersburg Times, 2/27/2011]

Entity Tags: Neil Abercrombie, Leo C. Berman, WorldNetDaily, Janice Okubo, Mike Evans, PolitiFact (.org ), Barack Obama

Timeline Tags: Domestic Propaganda

Carlos F. Lam, during a video conference.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 pdf file; 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.

Entity Tags: Service Employees International Union, Scott Kevin Walker, Mark Williams (radio host), Mother Jones, Tea Party Express

Timeline Tags: Domestic Propaganda

Jack Davis, a Republican candidate for the House of Representatives from the Buffalo, New York, area, suggests that Hispanic farmworkers be deported from the US, and African-Americans from the inner cities be bused to farm country and made to pick the crops. Davis, an industrialist from Akron, makes his comments in an endorsement hearing held by local tea party activists. In 2008, he made similar comments to a Tonawanda News reporter, when he said: “We have a huge unemployment problem with black youth in our cities. Put them on buses, take them out there [to the farms], and pay them a decent wage; they will work.” Many listeners then and now say Davis is, in essence, advocating a return to slavery. After hearing Davis’s comments, Republican leaders deliver their endorsement to another candidate, Assemblywoman Jane L. Corwin. Amherst County GOP chairman Marshall Wood says, “I was thunderstruck” when he heard Davis’s statements. “Maybe in 1860 that might have been seen by some as an appropriate comment, but not now.” Davis shrugs off the reaction to his comments, saying merely, “It’s politics.” Davis’s spokesman W. Curtis Ellis says of Davis’s comments, “It may not be politically correct and it may not be racially correct, but when you have African-American people in Buffalo who do not have jobs and are out of work, why are you bringing people into this country illegally to take jobs?” Davis, Corwin, and others are running in a special election to replace Representative Chris Lee (R-NY), who recently resigned his seat after revelations surfaced about his Internet flirtation with a woman not his wife. Wyoming County GOP chairman Gordon Brown says Davis “repeatedly almost disqualified himself” during the hearing by contradicting typical party positions, raging against illegal immigration and free trade policies. “The most racist part was where he said he was busing the blacks in to pick the vegetables,” Brown says. When Davis made his comment, “the room sort of went silent. It was like, ‘Did I just hear that?’” Davis has run for office as a Democrat three times in the past. He is now attempting to secure enough signatures to run as a tea party candidate. The election will be held May 24. The Democratic candidate opposing Corwin will be Kathleen Hochul, the Erie County clerk. [Buffalo News, 3/15/2011; Raw Story, 3/17/2011; USA Today, 3/21/2011] Buffalo News columnist Rod Watson, a conservative African-American, later complains of the “manufactured outrage” over Davis’s comments, and will praise Davis’s suggestion as “busing jobless young blacks to farms so they can learn work skills while earning an honest dollar.” He will say Davis’s comments are far less insulting than those recently made by Mississippi Governor Haley Barbour (R-MS), a possible 2012 presidential candidate who has extolled the virtues of white supremacist groups. “A white man saying what’s good for blacks is always grist for those looking for advantage in aggrievement,” Watson will write. “It’s part of the unwritten rules on race in a nation still struggling with the issue that only blacks can say such things about blacks, just as only whites can make ‘redneck’ jokes.” Watson will note that African-American radio host Ted Kirkland says: “I’ve advocated that on my show. There’s nothing wrong with hard work and getting your hands dirty.” And Watson will quote Democratic legislator Betty Jean Grant, who says, “Republicans won’t hire black youths for any kind of jobs,” and says she “saw nothing racist” in Davis’s comment. Watson will admit that some find it disconcerting when a white millionaire states his opinion about what should be done for, or to, poor African-Americans. “It’s also fair to ask how many blacks Davis has hired, or how many jobs he has funded in light of his expressed interest in unemployed African-Americans,” he will write. He will conclude that the idea itself must be considered separately from its “suspect source.” [Buffalo News, 3/17/2011] News and blog Web site BlakNewz is more outraged; its administrator will write: “Is that like black slaves picking cotton for the massa? Why not bus in the poor white people in New York State and nearby states to pick the crops?” [BlakNewz, 3/15/2011] Hochul will win a narrow victory over Corwin, delivering the NY-26 seat to the Democratic Party for the first time in decades. Davis, a “tea party” candidate, will garner 9 percent of the vote; in his concession speech, Davis will tell his listeners, “The country needs me.” [Buffalo News, 5/26/2011]

Entity Tags: John (“Jack”) Davis, Christopher John (“Chris”) Lee, BlakNewz, Betty Jean Grant, Gordon Brown (NY GOP), Jane L. Corwin, W. Curtis Ellis, Marshall Wood, Rod Watson, US House of Representatives, Ted Kirkland, Kathleen Hochul, Haley Barbour

Timeline Tags: Domestic Propaganda, 2012 Elections

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

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

Timeline Tags: Civil Liberties

The US Supreme Court finds in favor of the vehemently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) in a court case brought by the father of a slain Marine whose funeral was disrupted by a WBC protest (see March 10, 2006 and After and October 2007). A court initially rendered an initial judgment of $5 million against the group for causing “excessive” pain and suffering to the family (see April 3, 2008), but an appeals court overturned that verdict (see March 2010). Snyder appealed to the Supreme Court, arguing that as a private citizen and not a public figure, he had an expectation of privacy that the WBC violated. “The [WBC protesters’] freedom of speech should have ended where it conflicted with Mr. Snyder’s freedom to participate in his son’s funeral, which was intended to be a solemn religious gathering,” Snyder’s lawyers argued before the Court. For their side, WBC lawyers, including church member Margie Phelps, argued that Snyder was indeed something of a public figure because he spoke to reporters after his son’s death and after the funeral, including giving quotes to reporters that excoriated the WBC. Additionally, the WBC denied interfering with or disrupting the funeral, and said that it was “well within the bounds of the law” when it picketed the funeral and used speech that was “hyperbolic, figurative, and hysterical.” The WBC pickets funerals, its lawyers argued, “to use an available public platform when the living contemplate death, to deliver the message that there is a consequence for sin.… It was about publicly-funded funerals of publicly-funded soldiers dying in an extremely public war because of very public policies of sin, including homosexuality, divorce, remarriage, and Roman Catholic priests molesting children.… The fact the speech was hyperbolic, figurative, and hysterical is why it should be protected. [It is] the essence of the kind of robust speech on critical public issues for which the First Amendment was written.” The Court rules 8-1 in favor of the WBC, saying that the group’s First Amendment rights protect it in debating public issues. Only Justice Samuel Alito dissents. The Court also notes that the WBC obeyed directions from local officials, kept a distance from the church where the Snyder funeral was held, and did not directly disrupt the funeral service. Writing for the majority, Chief Justice John Roberts finds: “Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and—as it did here—inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a nation we have chosen a different course—to protect even hurtful speech on public issues to ensure that we do not stifle public debate.” Many critics celebrate the reversal, saying that while the WBC’s actions were reprehensible, the original trial verdict, which found grounds for cause under the tort of intentional infliction of emotional distress, could be used to suppress freedom of expression in a number of other venues. [Topeka Capital-Journal, 10/2/2010; Topeka Capital-Journal, 3/2/2011; Anti-Defamation League, 2012; Southern Poverty Law Center, 2012] Opponents of the WBC say they are relieved that the ruling does not impact laws designed to protect grieving families from the church’s protests at funerals (see January 11, 2011). Kansas Attorney General Derek Schmidt criticizes the Court’s ruling, saying: “Today’s decision is a disappointment for Kansans who have endured for so long the embarrassment brought upon our state by the shameful conduct of the Westboro Baptist Church. Our hearts go out to the Snyder family whose pain and distress were at issue in this case.” [Topeka Capital-Journal, 3/2/2011] Doug Anstaett, executive director of the Kansas Press Association, says the ruling is more positive than negative: “Our highest court has reinforced the belief that our individual rights to free speech and assembly are so critical that we all must be willing to tolerate even that which the majority might find abhorrent.… It doesn’t say that what the Phelps family does or says is right. It simply says that in the United States, it is protected speech. When we start regulating speech, we’re headed down a very slippery slope. The Supreme Court is to be commended for refusing to take that route.” Snyder says the ruling shows that “eight justices don’t have the sense God gave a goat.” [Topeka Capital-Journal, 3/2/2011]

Entity Tags: Derek Schmidt, Doug Anstaett, John G. Roberts, Jr, Samuel Alito, Albert Snyder, Margie Phelps, Matthew Snyder, US Supreme Court, Westboro Baptist Church

Timeline Tags: US Domestic Terrorism

Iowa State Senator Kent Sorenson (R-IA) introduces a bill, SB 368, that would require candidates for president or vice president to file a certified copy of their birth certificate along with their affidavit of candidacy in order to be eligible to be included on the Iowa election ballot. Sorenson has long identified himself as a believer in the “birther” conspiracy theory that alleges President Obama is not a US citizen (see July 20, 2008, August 15, 2008, October 8-10, 2008, October 16, 2008 and After, November 10, 2008, December 3, 2008, August 1-4, 2009, May 7, 2010, Shortly Before June 28, 2010, and Around June 28, 2010). The bill reads in part: “A candidate for president or vice president shall attach to and file with the affidavit of candidacy a copy of the candidate’s birth certificate certified by the appropriate official in the candidate’s state of birth. The certified copy shall be made part of the affidavit of candidacy and shall be made available for public inspection in the same manner as the affidavit of candidacy.… A candidate for president or vice president who does not comply with the requirements of this section shall not be eligible for placement on the ballot as a candidate for president or vice president anywhere in the state.” The bill does not clear a deadline for submission, but may be reintroduced in the next session. Sorenson previously introduced a bill that would recognize only silver and gold as legal tender in Iowa. He recently told an Iowa reporter that his constituents elected him to the Iowa Senate to “burn this place down. They want me to do battle. And I understand that.” [WorldNetDaily, 3/6/2011; Mother Jones, 3/25/2011]

Entity Tags: Iowa State Senate, Kent Sorenson, Barack Obama

Timeline Tags: Civil Liberties, Domestic Propaganda, 2012 Elections

Billionaire entrepeneur and television host Donald Trump, who has begun publicly questioning President Obama’s US citizenship (see February 10, 2011), explores the “controversy” on ABC’s morning talk show Good Morning America. In an interview conducted on his private plane, “Trump Force One,” Trump implies that Obama is lying about being born in Hawaii (see October 1, 2007, April 18, 2008, Before October 27, 2008, August 4, 2010, and February 28, 2011), says he is a “little” skeptical of Obama’s citizenship, and says the “birthers” who express their doubts about Obama should not be dismissed as “idiots” (see February 17, 2010). “Growing up no one knew him,” Trump claims. “The whole thing is very strange.” As he has in recent interviews, Trump says he is considering a run for the Republican presidential nomination in 2012. He implies that he can buy his way into victory, saying he is willing to spend $600 million on a primary run. “I have much more than that,” he says. “That’s one of the nice things. Part of the beauty of me is that I’m very rich. So if I need $600 million, I can put up $600 million myself. That’s a huge advantage over the other candidates.” Asked if his talk of a candidacy is anything more than a publicity stunt, he replies, “I have never been so serious as I am now.” [Politico, 3/17/2011]

Entity Tags: Donald Trump, Barack Obama

Timeline Tags: Domestic Propaganda, 2012 Elections

Larry Klayman, the founder of the conservative media watchdog organization Judicial Watch, writes a column for conservative news blog WorldNetDaily that alleges Secretary of State Hillary Clinton is working behind the scenes to “prove” that President Barack Obama is not a US citizen, thereby ruining his chances of running for re-election in 2012 and opening the door for her own run. Clinton ran a hard-fought primary campaign against Obama in 2008. Klayman resurrects long-disproven allegations that Clinton, during her time as First Lady, had White House staffer Vince Foster murdered to keep him from exposing the raft of “crimes” Klayman says were committed by Clinton, her husband, and others in the Clinton administration. According to Klayman, Obama has always “fear[ed]” having Clinton as a political rival. He did not name her vice president: she “would only have been a stone’s throw away from the Oval Office, and the ‘mullah in chief’ obviously did not want to encourage his own ‘unfortunate accident.’” Instead, Obama “co-opt[ed]” Clinton by fobbing her off to the State Department, where “she could take the blame for his planned foreign policy of anti-Americanism, appeasement, weakness, prevarication, and hostility toward Israel and nearly all things Jewish and Christian. This would serve the dual purpose of harming her political base should she ever decide to run for president against him in 2012.” Klayman notes that Clinton has said she would not return as secretary of state if Obama wins reelection in 2012. Klayman believes Clinton is angling for the presidency in 2012, and speculates “that she herself may again be working on the so-called ‘birther’ issue, which she first raised during her 2008 presidential campaign. For if Hillary can finally obtain proof positive that President Obama was born in Kenya, and not in Hawaii as he claims, then she will not have to send him on a day trip to Fort Marcy Park [the site of Foster’s suicide] to retire him as president. What could be cleaner?” [WorldNetDaily, 3/19/2011]

Entity Tags: Barack Obama, Vince Foster, Larry Klayman, Hillary Clinton

Timeline Tags: Domestic Propaganda, 2012 Elections

Fox News host Greta Van Susteren, discussing recent allegations by billionaire Donald Trump that President Obama is not a legitimate US citizen (see February 10, 2011 and March 17, 2011), tells her viewers: “Is Donald Trump a birther? Donald Trump is putting President Obama on the spot, telling him, ‘Show the birth certificate.’” Van Susteren then informs her viewers of a Trump interview on the ABC morning talk show The View where he alleged that “there’s something on that birth certificate that he doesn’t” want made public, and says: “But why is Trump doing that? Well, he tells the ladies on The View there are too many missing pieces.” [Media Matters, 3/24/2011; Media Matters, 3/28/2011]

Entity Tags: Donald Trump, Fox News, Greta Van Susteren, Barack Obama

Timeline Tags: Domestic Propaganda, 2012 Elections

On his Fox News show, host Sean Hannity says that while he believes President Obama was indeed born in the US (see July 2008, October 30, 2008, July 28, 2009, and July 29, 2009), he asks why Obama has never released his birth certificate. The Obama campaign released the “short form” certificate in 2008, the version routinely issued by Hawaii’s Department of Health (see June 13, 2008), and since then the certificate has been repeatedly shown to be valid (see June 27, 2008, August 21, 2008, and July 28, 2009). Hannity is apparently referring to the “long form” certificate, which is kept on file and never released (see July 1, 2009). Hannity shows a clip from billionaire Donald Trump’s same-day visit to the ABC morning talk show The View, where Trump alleged that “there’s something on that birth certificate that he doesn’t” want made public. Several of Hannity’s guests agree that Obama “should just show it” assuming he has “nothing to hide.… It would shut everybody up and no one would care.” Hannity asks: “[I]t kinda does get a little odd here. Can’t they just produce it and we move on?” Representative Michael Burgess (R-TX) says: “Obviously there’s some value to the White House not producing it. I don’t know what that could be. This easily could have been ended. It could have been ended a couple of years ago.” [Media Matters, 3/23/2011; Media Matters, 3/28/2011]

Entity Tags: Donald Trump, Barack Obama, Sean Hannity, Michael Burgess, Fox News

Timeline Tags: Domestic Propaganda

“Homeschool Day” in Des Moines, Iowa, sponsored by the Network of Iowa Christian Home Educators, features a number of Republican luminaries such as Governor Terry Bransted (R-IA), Representatives Michele Bachmann (R-MN), Ron Paul (R-TX), and Steve King (R-IA), and former Godfathers Pizza CEO and 2012 presidential candidate Herman Cain. During the festivities, Paul, an outspoken libertarian considered by many the “father” of the tea party movement, claims that the individual states can ignore or override federal laws—a tenet called “nullification.” The idea is centered in a unique interpretation of the Tenth Amendment that, when pursued to the extent that “nullifiers” or “tenthers” take it, essentially overrides the other aspects of the US Constitution in favor of states’ rights. The concept gained national notoriety in 1830, when Vice President John C. Calhoun set off the so-called “Nullification Crisis” that almost led to an armed conflict between South Carolina and the rest of the nation. It came to the fore again in 1956, when segregationists attempted to use the concept to persuade state leaders to ignore the Supreme Court decision, Brown v. Board of Education, that mandated the desegregation of public schools (see March 12, 1956 and After). In recent years, it has gained popularity among some tea party-backed candidates (see October 14, 2010) and tea party pundits. Paul tells the assemblage that “in principle, nullification is proper and moral and constitutional.” He says: “The chances of us getting things changed around soon through the legislative process is not all that good. And that is why I am a strong endorser of the nullification movement, that states like this should just nullify these laws. And in principle, nullification is proper and moral and constitutional, which I believe it is, there is no reason in the world why this country can’t look at the process of, say, not only should we not belong to the United Nations, the United Nations comes down hard on us, telling us what we should do to our families and family values, education and medical care and gun rights and environmentalism. Let’s nullify what the UN tries to tell us to do as well.” Article 6 of the Constitution states that acts of Congress “shall be the supreme law of the land… anything in the Constitution or laws of any State to the contrary notwithstanding.” Founding father James Madison argued that nullification would “speedily put an end to the Union itself” by allowing federal laws to be freely ignored by states. Think Progress legal expert Ian Millhiser notes that nullification is not just unconstitutional, it is “nothing less than a plan to remove the word ‘United’ from the United States of America.” [Constitution (.org), 8/28/1830; Think Progress, 9/27/2010; Homeschooliowa (.org), 3/23/2011; Think Progress, 3/29/2011]

Entity Tags: Terry Bransted, James Madison, Ian Millhiser, Herman Cain, John C. Calhoun, Michele Bachmann, Network of Iowa Christian Home Educators, Steve King, United Nations, Ron Paul

Timeline Tags: Civil Liberties, Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

Laurie Roth, a tea party activist who co-hosts a radio talk show in Spokane, Washington (see February 2010), says she agrees with a suggestion to orchestrate and carry out a military coup d’etat against President Obama. Roth, who says she believes Obama is not an American citizen, says that Obama’s election “was not a shift to the left like Jimmy Carter or Bill Clinton. This is a worldview clash. We are seeing a worldview clash in our White House. A man who is a closet, he’s more of a secular-type Muslim, but he’s a Muslim. He’s no Christian. We’re seeing a man who’s a socialist communist in the White House, pretending to be an American. I don’t believe, looking at all the evidence that I’ve looked at and interviewing Philip Berg (see August 21-24, 2008 and October 21, 2008) and [Leo C.] Donofrio (see October 31, 2008 and After) and Alan Keyes (see November 12, 2008 and After) and all the people that have sued him, he wasn’t even born here.” After further tarring Obama as a “socialist communist,” a “globalist,” and a “Manchurian Candidate” who wants to establish an Islamist Caliphate as a stepping stone to becoming an “international president,” Roth engages in a discussion with an audience member; the two discuss whether arresting Obama, impeaching him, or removing him via a military coup would be the best solution. Roth initially advocates impeachment, but when the audience member says Obama cannot be impeached because he is not a citizen, Roth asks for the member’s recommendation. The member responds: “By having the authority of five governors, five senators, march on the Supreme Court, who have abdicated their power and authority to simply render that he is not a legal president. And send the US Marshals to arrest him.” Roth says: “I couldn’t agree more. What we need is a move like Zelaya in Honduras. We need the military, we need somebody to do that, or impeachment, or something like you said. We need something more than we’ve had.” [Institute for Research & Education on Human Rights, 10/19/2010; CDAPress (.com), 4/19/2011] Roth is referring to a military coup carried out in June 2009 against President Manuel Zelaya of Honduras, who was kidnapped from the presidential palace and forcibly exiled to Costa Rica. The Honduran Congress used a forged letter of resignation to accept Zelaya’s removal, and named one of Zelaya’s most prominent opponents as his “successor.” [BBC, 6/28/2009]

Entity Tags: Philip J. Berg, Alan Keyes, Barack Obama, José Manuel Zelaya Rosales, Leo C. Donofrio, Laurie Roth

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Montana Governor Brian Schweitzer uses a branding iron to ‘veto’ a number of tea party-sponsored bills passed by the Montana legislature.Montana Governor Brian Schweitzer uses a branding iron to ‘veto’ a number of tea party-sponsored bills passed by the Montana legislature. [Source: Montana Cowgirl (.com)]Montana Governor Brian Schweitzer (D-MT) vetoes seven Republican-passed bills, most sponsored by tea party-affiliated legislators. Schweitzer goes farther than merely signing his veto statements with a pen. He also indulges in what the local press calls “one of the most spectacular pieces of political theater in” his six-year history as governor, using a red-hot “VETO” branding iron on wooden plaques engraved with the bill’s Senate or House number. “These bills are either frivolous, unconstitutional, or in direct contradiction to the expressed will of the people of Montana,” he tells a cheering crowd and a throng of reporters and television cameras. Standing somewhat outside the crowd are a small number of the Republican legislators who ushered the bills through Montana’s legislature. Some of the bills, if signed, would have eliminated same-day voter registration, allowed open-pit gold and silver mining using the environmentally hostile “cyanide leach” process, given local sheriffs authority over the federal government in terror investigations, rewritten the definition of renewable resources, downgraded energy efficiency and code adoption requirements in building codes, gutted human-sexuality courses in Montana public schools, cut legal damages that can be sought in motor vehicle accidents, stopped the creation of a health insurance exchange, scaled back consumer protection laws, and repealed a citizen-passed medical marijuana law. Schweitzer promises to veto more bills soon, saying, “When I swore to uphold the Constitution I meant it.” [Great Falls Tribune, 4/13/2011; KTVQ-TV, 4/13/2011; Montana Cowgirl, 4/13/2011]

Entity Tags: Brian Schweitzer

Timeline Tags: Domestic Propaganda

White nationalist lawyer and A3P leader William Johnson at San Juan Capistrano tea party rally.White nationalist lawyer and A3P leader William Johnson at San Juan Capistrano tea party rally. [Source: Media Matters]A coalition of local tea party and white supremacist organizations hold a joint rally in San Juan Capistrano, California. The rally is scheduled to coincide with over 100 other tea party rallies around the country scheduled for the same day. This rally is organized by an organization called American Third Position (A3P), a white nationalist political party founded by racist white “skinheads” (see October 15, 2009 and After), and promoted on the website of TeaParty.org, also called the 1776 Tea Party, a large and well-established tea party umbrella group. At the rally, white nationalist lawyer William Johnson, an A3P founder, complains of the media attention he had drawn with his recent failed attempt to land a judgeship in California. “Ron Paul endorsed me for Superior Court judge, and I was on my way,” Johnson tells the crowd. “No sooner than I’d put my hat in the ring than… it came out that Johnson is a white nationalist, that Johnson wants to create a separate white ethno-state, that Johnson supports the 14 words of David Lane [a member of the defunct violent white power group The Order who died serving a jail term for murdering a Jewish radio host—see June 18, 1984 and After and May 1992], that ‘We must secure the existence of our people and a future for white children,’ and the media went wild with all of that, and Ron Paul withdrew his endorsement of me… because he did not believe in a separate white ethno-state and he didn’t know that I did.” Johnson is followed by Holocaust denier Mark Weber of the Institute for Historical Review, who avoids overt anti-Semitism in his remarks. David Holthouse of the progressive media watchdog organization Media Matters will write, “Although it would be unfair to characterize the tea party movement on the whole as white nationalist, it’s clear that large gatherings of angry, conservative, predominately white Americans are viewed with relish by groups like A3P.” A3P Pennsylvania chairman Steve Smith says after the rally: “The tea parties are fertile ground for our activists. Tea party supporters and the A3P share much common ground with regard to our political agendas.” Tea Party Patriots co-founder Mark Meckler will tell Holthouse that white supremacist groups such as A3P are not welcome at his organization’s events, but the organization can do little to stop their involvement, saying, “As a national umbrella organization with over 3,500 chapters, we obviously don’t have folks from the national organization at every rally to monitor literature distribution.” Meckler will say he knew nothing of A3P’s involvement in the April 16 rally or others it took part in until Holthouse contacted him, and will say: “We would absolutely ban any white nationalist group from our organization if we found them to be trying to get involved. We have a 100 percent zero tolerance policy towards this type of group. This type of activity has no place in the legitimate tea party movement. They [A3P] are hiding behind a tea party banner. Thanks for bringing this to our attention. We’ll be on the lookout.” Holthouse notes that tea party organizations have been sensitive to accusations of racism in their ranks since July 2010, when the NAACP asked tea partiers to “purge” racists from their ranks. The NAACP’s request was met with scorn and opprobrium from tea party members, and A3P has continued to take part in tea party rallies since that time, apparently without opposition (see October 10, 2010). At the April 16 rally, the A3P table is next to a table hosted by the Council of Conservative Citizens (CCC), a white supremacist, segregationist organization. [Media Matters, 2011; Southern Poverty Law Center, 2011]

Entity Tags: Mark Meckler, David Edan Lane, Council of Conservative Citizens, American Third Position, Institute for Historical Review, William Daniel Johnson, Ron Paul, Tea Party Patriots, Mark Weber, Media Matters, TeaParty (.org), David Holthouse, Steve Smith

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

Jerry Seinfeld.Jerry Seinfeld. [Source: Contactmusic (.com)]Comedian Jerry Seinfeld withdraws from a scheduled appearance at a benefit for Donald Trump’s Eric Trump Foundation because the billionaire entrepeneur and television host has been questioning whether President Obama is a US citizen (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, April 1, 2011, April 1-8, 2011, April 7, 2011, April 7, 2011, April 7-10, 2011, April 7, 2011, April 10, 2011, April 14-15, 2011, and April 21, 2011). The event is scheduled for September 13. Seinfeld agreed to do the benefit in January 2011, but according to his manager, he has become “increasingly uncomfortable” with Trump’s questioning of Obama’s citizenship. The manager says that Seinfeld “feels this kind of demagoguery has no place in public discourse.… He has respectfully withdrawn from the event, and is making a contribution both to the Eric Trump Foundation” and to St. Jude’s Children’s Research Hospital, another beneficiary of the event. Trump answers with a letter castigating Seinfeld’s decision, writing: “I just learned you canceled a show for my son’s charity, the Eric Trump Foundation, which benefits the St. Jude’s Children’s Research Hospital (children with cancer) because of the fact that you think I am being very aggressive with respect to President Obama, who is doing an absolutely terrible job as our leader—just look at Libya, our economy, gas, food, and clothing prices and maybe you will understand what is going on!… [T]he children of St. Jude are very disappointed” in Seinfeld’s decision, he continues. “What I do feel badly about is that I agreed to do, and did, your failed show, The Marriage Ref, even though I thought it was absolutely terrible. Despite its poor ratings, I didn’t cancel on you like you canceled on my son and St. Jude. I only wish I did.” Yahoo! television news reporter Tara Ariano calls Trump’s letter “angry and bitter.” [CNN, 4/21/2011; Yahoo! News, 4/21/2011]

Entity Tags: Jerry Seinfeld, Barack Obama, Donald Trump, Eric Trump Foundation, Tara Ariano, St. Jude’s Children’s Research Hospital

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

Officials of the Terry Lakin Action Fund, a group that funded and supported former Lieutenant Colonel Terry Lakin when he refused orders to deploy to Afghanistan because of his doubts about President Obama’s citizenship (see Before April 13, 2010), now say that had Obama released his “long form” birth certificate before Lakin’s refusal to follow deployment orders (see April 27, 2011), Lakin would have obeyed those orders and thusly never would have been court-martialed and dishonorably discharged from service (see December 16, 2010). The Action Fund demands that Obama issue Lakin a “full and complete presidential pardon” for his conviction of six months, “including restoration of pay, benefits, and service.” The Action Fund statement reads in part: “This document which was so casually dropped on the news corps could just have easily been provided 12 months ago or two years ago. Even six months ago, it would have prevented LTC Lakin being manacled and hauled away to Fort Leavenworth prison for standing up for the Constitution, consistent with the oath he took as an officer, and the rule of law.” The statement continues: “Had the Obama administration agreed to allow the document unveiled today and other related documents as requested for discovery in Terry Lakin’s first pre-trial hearing, the matter would have been resolved and soldiers assured their military orders were lawful, given by a lawful commander in chief. A good soldier, having played his part in this issue, would have returned enthusiastically to the service for which he is so ably trained.” The statement also questions the authenticity of the “long form” certificate, demanding that it be “submitted for forensics testing to determine its authenticity.” It continues, “[S]imilarly, the Kenyan birth certificate that has been widely circulating on the Internet and on Capitol Hill—should be tested” (see August 4, 2009). [TPM Muckraker, 4/27/2011; Terry Lakin Action Fund, 4/27/2011] The Action Fund, on its Web site, calls itself “[t]he only site designated by Terry Lakin and his family to assist with direct support of Terry’s legal defense and his family’s needs. Terry is standing up for the nation. He needs the nation’s help.” The site features a statement by Lakin’s wife that reads: “My husband is going to prison because of Barack Obama’s birth certificate. I’m sure you agree that’s a heavy price to pay for standing up for what is right.” [Terry Lakin Action Fund, 4/27/2011]

Entity Tags: Terrence Lee (“Terry”) Lakin, Barack Obama, Terry Lakin Action Fund, Obama administration

Timeline Tags: Domestic Propaganda

The Arizona Independent publishes a document obtained from the US Bureau of Citizenship and Immigration Services through a Freedom of Information Act request. The document offers further proof that President Obama was born in Hawaii. The document is a memo from August 31, 1961, some three weeks after Obama’s birth (see June 13, 2008 and April 27, 2011), written by William Wood of Immigration and Naturalization Services (INS). Wood’s memo says that Barack Obama Sr. was attending the University of Hawaii on a student visa and that a son, Barack Obama II, was born in Honolulu on August 4, 1961. The memo refers to the elder Obama’s plans to continue at the University of Hawaii, and the plans of his spouse, Stanley Ann Dunham, to work at the university. The memo reads in part, “They have one child born Honolulu on 8/4/1961—Barack Obama II, child living with mother (she lives with her parents & subject resides at 1482 Alisteastre St.).” The document also shows that Obama Sr. entered the country in 1959, and had received several extensions to his visa. Obama Sr. left the country in 1964 after being denied another visa extension and remaning for a brief period illegally. [Arizona Independent, 4/27/2011; Arizona Independent, 4/27/2011]

Entity Tags: Bureau of Citizenship and Immigration Services, Ann Dunham, Arizona Independent, Barack Obama, Sr, US Immigration and Naturalization Service, Barack Obama, William Wood

Timeline Tags: Domestic Propaganda

A portion of President Obama’s ‘long form’ birth certificate.A portion of President Obama’s ‘long form’ birth certificate. [Source: White House / WorldNetDaily (.com)]President Obama releases his “long form” birth certificate for public view, in an attempt to put questions about his citizenship to rest. White House communications director Dan Pfeiffer says in a statement: “The president believed the distraction over his birth certificate wasn’t good for the country. It may have been good politics and good TV, but it was bad for the American people and distracting from the many challenges we face as a country.” In 2008, Obama released an official copy of his birth certificate (see June 13, 2008), but many so-called “birthers” have said that “short form” certificate did not fully prove his Hawaiian birth. In his statement, Pfeiffer notes that the “short form” certificate is “the same legal documentation provided to all Hawaiians as proof of birth in state, and the campaign immediately posted it on the Internet.… When any citizen born in Hawaii requests their birth certificate, they receive exactly what the president received. In fact, the document posted on the campaign Web site is what Hawaiians use to get a driver’s license from the state and the document recognized by the federal government and the courts for all legal purposes. That’s because it is the birth certificate. This is not and should not be an open question.” Pfeiffer says: “At a time of great consequence for this country—when we should be debating how we win the future, reduce our deficit, deal with high gas prices, and bring stability to the Middle East, Washington, DC, was once again distracted by a fake issue. The president’s hope is that with this step, we can move on to debating the bigger issues that matter to the American people and the future of the country.… Therefore, the president directed his counsel to review the legal authority for seeking access to the long form certificate and to request on that basis that the Hawaii State Department of Health make an exception to release a copy of his long form birth certificate. They granted that exception in part because of the tremendous volume of requests they had been getting.” [Hawaii Department of Health, 8/4/1961 pdf file; Associated Press, 4/27/2011; White House, 4/27/2011]
Signed, Certified as True and Valid - The certificate is signed by the delivery doctor, Obama’s mother, and the local registrar. It certifies that Barack Hussein Obama II was born at 7:24 p.m. on August 4, 1961, to Stanley Ann Dunham Obama at Kapiolani Maternity and Gynecological Hospital in Honolulu. It does not mention religion. Obama’s father, Barack Hussein Obama, is noted as being born in Kenya, and his mother as being born in Wichita, Kansas. The Hawaiian registrar certifies the new photocopy of the document provided to the White House on April 25 as being a true and valid copy. The White House also releases a letter from Obama on April 22 requesting two certified copies of his original certificate of live birth. The Hawaii Department of Health does not, by law, release the actual birth certificate, but the department makes an exception for Obama given his “status as president of the United States.” Also released is a letter from Loretta Fuddy, Hawaii’s director of health, approving the request. In her approval letter, Fuddy wrote that she hopes the release “will end the numerous inquiries” received by her office. “Such inquiries have been disruptive to staff operations and have strained state resources,” Fuddy wrote. Obama’s personal lawyer, Judith Corley, flew to Hawaii to pick up the documents and brought them back to Washington. She returned with the documents around 5 p.m. April 26.
Obama: 'We Do Not Have Time for This Kind of Silliness' - Obama says during a morning press conference that he has been both amused and puzzled by the degree to which his place of birth has become an issue. “We do not have time for this kind of silliness,” he says. “This issue has been going on for two, two and a half years now. I think it started during the campaign. I have watched with bemusement, I’ve been puzzled at the degree at which this thing just kept on going.” The country needs to come together to work on critical issues, he says, but “we’re not going to be able to do it if we are distracted. We’re not going to be able to do it if we spend time vilifying each other. We’re not going to be able to do it if we just make stuff up and pretend that facts are not facts. We’re not going to be able to solve our problems if we get distracted by sideshows and carnival barkers.”
Trump Takes Credit, RNC Blames Obama for Controversy - Billionaire entrepeneur and television host Donald Trump has reignited the controversy in recent weeks (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, April 1, 2011, April 1-8, 2011, April 7, 2011, April 7, 2011, April 7-10, 2011, April 7, 2011, April 7, 2011, April 10, 2011, April 14-15, 2011, April 21, 2011, April 26, 2011, and April 26, 2011) as part of his apparent 2012 presidential campaign bid. Though neither Obama nor Pfeiffer mention Trump by name, he takes full credit for the release. “He should have done it a long time ago. I am really honored to play such a big role in hopefully, hopefully getting rid of this issue,” Trump says during a visit to New Hampshire. Trump says he is not yet convinced of the certificate’s authenticity, saying that he and his people are “going to look at it. We have to see if it’s real, if it’s proper.… It’s amazing that all of a sudden it materializes. Why he didn’t do it when the Clintons asked for it. Why he didn’t do it when everyone else was asking about it, I don’t know.” However, Trump says he is “sure it’s the right deal” and is looking forward to moving on to more important issues such as OPEC and China. Trump and other “birthers” have alleged that the long form birth certificate contains information Obama wanted to hide from public view, when in fact the two different versions of the certificate contain virtually the same information. The long form includes the signatures of Obama’s mother and the attending physician. Republican National Committee chairman Reince Priebus calls the issue a distraction, but blames Obama for playing “campaign politics” by addressing it. “The president ought to spend his time getting serious about repairing our economy,” he says. “Unfortunately his campaign politics and talk about birth certificates is distracting him from our number one priority—our economy.” [Associated Press, 4/27/2011; Associated Press, 4/27/2011; USA Today, 4/27/2011; WorldNetDaily, 4/27/2011] Trump also demands that Obama release his complete college transcripts. [Real Clear Politics, 4/27/2011]
Questions from CNN - Some observers feel the White House may have been spurred to release the certificate in part because of questions about the controversy from mainstream media reporters. On April 26, White House press secretary Jay Carney was asked a question about Obama’s birth status by CNN’s Ed Henry, at the same time CNN’s Anderson Cooper was airing a “definitive investigation” into the controversy that debunked the “birther” conspiracy theory and attacked Trump for feeding the controversy. Carney called the question “preposterous” and the controversy “a distraction” that had been “settled,” but Henry continued to pursue the issue. [Huffington Post, 4/26/2011]

Entity Tags: Judith Corley, Loretta Fuddy, Jay Carney, Reince Priebus, Hawaii Department of Health, Barack Obama, Sr, Donald Trump, Ann Dunham, Barack Obama, Dan Pfeiffer, Ed Henry

Timeline Tags: Domestic Propaganda, 2012 Elections

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

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

Timeline Tags: Civil Liberties

The Missouri House of Representatives passes a bill requiring anyone who wishes to run for president in Missouri to provide evidence of his or her citizenship. The bill reads in part, “When certifying presidential and vice presidential nominees and requesting that such nominees be placed on the ballot, the state committees of each political party shall provide verifiable evidence of identity and proof of natural born citizenship.” The bill does not require “long form” certificates; apparently, the birth certificate provided by President Obama in 2008 (see June 13, 2008) would satisfy the requirements of the bill. The sponsor of the bill, House Republican Lyle Rowland, has denied being a “birther,” telling a reporter: “You know when I first started, reporters and other people were getting after me because I did this because of President Obama. And as I told all the other reporters, it’s not about President Obama. I believe the man is president of the United States and has met the qualifications for the presidency.” Rowland told another reporter: “We have problems with illegal immigrants. And if something were to happen where one of them became popular with the people, we need documents proving if they are a citizen.” The bill, part of a larger package that includes a restrictive voter identification requirement, still must pass the Missouri Senate and be signed into law by Governor Jay Nixon (R-MO); observers believe its chance of passage is slim. [Mother Jones, 5/5/2010; Politico, 4/26/2011]

Entity Tags: Jay Nixon, Lyle Rowland, Missouri House of Representatives, Barack Obama

Timeline Tags: Civil Liberties, 2012 Elections

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Former Army Lieutenant Colonel Terry Lakin is discharged from military prison after serving five months of a six-month term for refusing to obey deployment orders. Lakin refused to be deployed in April 2010 because, he said at the time, President Obama was not a true American citizen and therefore could not give him or any other member of the military any orders to deploy (see Before April 13, 2010). Lakin was court-martialed, dishonorably discharged, and sentenced to prison at Fort Leavenworth, Kansas (see December 16, 2010). He pled guilty after a military court refused to allow what he and the “birther” organization that supported him, the American Patriot Foundation, called “evidence” of Obama’s lack of US citizenship (see September 2, 2010). [Associated Press, 5/13/2011] Some “birthers” continue to use Lakin’s case to advance their cause. One “birther” blog devoted to advocating the anti-gay “Defense of Marriage Act” writes: “Lieutenant Terry Lakin was sentenced as a result of a judicial meltdown in our courts transpiring and sweeping across America, as Mr. Lakin was not allowed the right to justly defend himself. He was denied the opportunity to call forth witnesses or to submit crucial evidence to the court involving our Head-in-Chief.” [DOMA News, 5/15/2011] A commenter on the Free Republic blog writes: “When did overlooking and ignoring fraud, deceit, identity theft, forgery, and corruption in the chain of command become part of the military code of honor? Is this how our very highest military officers fulfill their responsibilities to the brave men and women serving under them and to their oath to defend the Constitution. [sic] Do they feel shame when accepting the salutes of our dedicated and honorable troops? Are our highest military [sic] the least bit suspicious that Obama sits in the White House because of forgery, deceit, fraud, and identity theft? Where is the evidence that they peacefully and lawfully sought certifiable clarification of Obama’s status from Congress, the courts, and/or Obama himself?” [Free Republic (.com), 5/12/2011]

Entity Tags: Free Republic, US Department of the Army, Barack Obama, American Patriot Foundation, Terrence Lee (“Terry”) Lakin, DOMA News (.com)

Timeline Tags: US Military, Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

US District Judge James Cacheris throws out one count of the indictment against two men accused of illegally reimbursing donors to Democratic Senator Hillary Clinton’s Senate and presidential campaigns. In the ruling, Cacheris holds that the campaign finance law banning corporations from making contributions to federal candidates is unconstitutional. Cacheris rules that under the 2010 Citizens United Supreme Court ruling (see January 21, 2010), corporations have the same right as people to contribute to campaigns. No one has attempted to extend the Citizens United ruling to apply directly to campaign contributions by corporations. Previously, the law has been interpreted to apply only to independent corporate expenditures. In his ruling, Cacheris notes that only one other court has addressed the issue, with a Minnesota federal judge ruling that a state ban on corporate contributions is legal. Cacheris writes: “[F]or better or worse, Citizens United held that there is no distinction between an individual and a corporation with respect to political speech. Thus, if an individual can make direct contributions within [the law’s] limits, a corporation cannot be banned from doing the same thing.… That logic is inescapable here.” In court filings, prosecutors defending campaign finance law in the Virginia case said that overturning the ban on corporate contributions would ignore a century of legal precedent. Prosecutor Mark Lytle wrote: “Defendants would have the court throw out a century of jurisprudence upholding the ban on corporate political contributions, by equating expenditures—which the Court struck down in Citizens United—with contributions. This is, however, equating apples and oranges.” The case, United States v. Danielczyk, concerns accusations that William P. Danielczyk Jr. and Eugene R. Biagi helped funnel a corporate contribution to Clinton’s presidential campaign. The two men allegedly reimbursed $30,200 to eight contributors who gave to Clinton’s 2006 Senate campaign, and reimbursed $156,400 to 35 contributors to her 2008 presidential campaign. Clinton is not named as a defendant in the case. [Associated Press, 5/27/2011; New York Times, 5/27/2011]
Strongly Mixed Reactions - Biaigi’s lawyer Todd Richman says after the ruling: “Corporate political speech can now be regulated, only to the same extent as the speech of individuals or other speakers. That is because Citizens United establishes that there can be no distinction between corporate and other speakers in the regulation of political speech.” Sean Parnell of the Center for Competitive Politics, a group opposing campaign-finance regulations, says, “This was definitely something that is almost incidental in terms of the case it was decided in.” Fred Wertheimer of Democracy 21, a group supporting stricter campaign finance laws, says Cacheris went beyond his purview as a federal judge and ignored laws and Supreme Court rulings before the Citizens United decision that were not impacted (see February 7, 1972, April 26, 1978, and March 27, 2002). Had the Supreme Court wanted to overturn the ban on direct corporate campaign contributions, Wertheimer says, it could have done so in the Citizens United decision. Wertheimer says Cacheris’s ruling should be appealed and overturned. Law professor Daniel Ortiz says the ruling “pushes the outer limits of the Citizens United logic,” and will probably be overturned in a higher court. The Citizens United case differentiates between independent expenditures by corporations that are not coordinating with a candidate’s campaign, and direct campaign contributions. [Associated Press, 5/27/2011; New York Times, 5/27/2011] Ian Millhiser of the liberal news Web site Think Progress writes: “If today’s decision is upheld on appeal, it could be the end of any meaningful restrictions on campaign finance—including limits on the amount of money wealthy individuals and corporations can give to a candidate. In most states, all that is necessary to form a new corporation is to file the right paperwork in the appropriate government office. Moreover, nothing prevents one corporation from owning another corporation. Thus, under Cacheris’s decision, a cap on overall contributions becomes meaningless, because corporate donors can simply create a series of shell corporations for the purpose of evading such caps.” [Think Progress, 5/27/2011] Conservative legal scholar Eugene Volokh writes on his blog that he believes the Cacheris decision is in error. He believes the ban on corporate contributions to be legal and appropriate, though unlike Millhiser, he also supports the Citizens United decision. He cites the Supreme Court’s Buckley v. Valeo decision (see January 30, 1976) as limiting the means by which corporations can donate to political campaigns. He echoes Millhiser’s concerns about “shell corporations,” writing: “[T]he problem with corporate contributions is that they provide an avenue for evading individual contribution limits; if I want to donate $25,000 to a candidate instead of the $2,500 limit, I could set up nine corporations, and then donate myself and also have those corporations make similar donations. Few people would do that, but some people who want to be big political players might. Nor can this easily be dismissed as a supposed ‘sham’ and be thus distinguished from ‘legitimate’ corporate contributions.” The ban on direct corporate contributions does not stop individuals from donating directly to campaigns, Volokh writes, and thusly does not encroach on freedom of speech. [Eugene Volokh, 5/27/2011] Law professor Richard Hasen also believes the decision will be overturned or reconsidered, citing the Supreme Court’s ban on direct corporate spending in Federal Election Commission v. Beaumont (see June 16, 2003), a ruling that other courts have held was not overturned by the Citizens United decision. Neither the prosecution nor the defense referred to the Beaumont decision in their arguments. [Rick Hasen, 5/31/2011] “If this case stood, it would mean the end of campaign contribution limits for everyone, because it would be so easy to get around the law through a straw or sham corporation,” Hasen says. [New York Times, 5/27/2011]
Reconsideration - Four days later, Cacheris will ask for briefs from both sides in the case about the issues raised in his decision, indicating that he may well find that the Beaumont decision means that the ban on direct corporate contributions will remain in effect. [Rick Hasen, 5/31/2011] Cacheris will not reconsider his decision. [New York Times, 6/7/2011; Think Progress, 6/8/2011]
Appeals Court Overturns Decision - A day after Cacheris refuses to reconsider his decision, an appeals court will overrule his decision. [Think Progress, 6/9/2011; United States Court Of Appeals for the Ninth Circuit, 6/9/2011 pdf file] In June 2012, a federal appeals court will find that the Citizens United ban does not apply to direct corporate contributions. Appellate Judge Royce Gregory will write, “Leaping to this conclusion ignores the well-established principle that independent expenditures and direct contributions are subject to different government interests.” [Thomson Reuters, 6/28/2012]

Entity Tags: Eugene R. Biagi, Eugene Volokh, Fred Wertheimer, Daniel Ortiz, William P. Danielczyk, Jr, Ian Millhiser, Sean Parnell, James Cacheris, Todd Richman, Richard L. Hasen, Mark Lytle, Royce Gregory, Hillary Clinton

Timeline Tags: Civil Liberties

Members of the Patriot Guard Riders block Westboro Baptist Church protesters from the view of memorial proceedings in Joplin, Missouri.Members of the Patriot Guard Riders block Westboro Baptist Church protesters from the view of memorial proceedings in Joplin, Missouri. [Source: PoliticusUSA]A number of members of the vehemently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) protest at a memorial in Joplin, Missouri, where 125 people died in a recent outbreak of tornadoes. In a press release, the WBC said, “Thank God for 125 dead in Joplin,” and announced its plans to send protesters to the memorial service. WBC members claim Governor Jay Nixon (R-MO) has attacked them by promoting laws banning them from protesting at soldiers’ funerals (see June 2005 and After). President Obama speaks at the memorial service. According to one participant at the memorial service, some 300 members of the Patriot Guard Riders, a group composed largely of veterans who work to form “human shields” between WBC protesters and funeral services, almost completely block the view of the memorial participants from the WBC protesters. One WBC member attempts to walk through the “wall” of Riders toward the memorial, but is accosted and prevented from proceeding; apparently the WBC member is repeatedly pushed and has his shirt torn off. The police succeed in separating the WBC member and the Riders, apparently using pepper spray, and tell the WBC member to “run, you stupid motherf_cker.” A reporter later writes, “No one was injured and the confrontation lasted only seconds.” Allegedly, another group of WBC members is accosted by Riders at a nearby truck stop and prevented from going to the memorial service. [KARK-TV, 5/27/2011; PoliticusUSA, 5/30/2011; Ozarks First, 5/30/2011; Truth Wins Out, 5/30/2011]

Entity Tags: Patriot Guard Riders, Barack Obama, Westboro Baptist Church, Jay Nixon

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: Civil Liberties, 2012 Elections

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

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

Timeline Tags: Civil Liberties

The FBI confirms that it allowed members of the virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) to take part in training sessions normally provided to police officers and FBI agents. WBC members participated in training sessions at two Virginia FBI facilities in Quantico and Manassas. The FBI says that it will not allow WBC members to participate in future sessions. An FBI official says the bureau underestimated how strongly the public would react to the news of such participation once it was reported in the media. The bureau was trying to bring in a variety of viewpoints to the training, the official adds, saying that exposure to a wide variety of views was good for investigators in training. [Associated Press, 6/29/2011]

Entity Tags: Federal Bureau of Investigation, Westboro Baptist Church

Timeline Tags: US Domestic Terrorism

The Reverend Phillip “Flip” Benham, director of Operation Save America, once known as Operation Rescue (see 1986, July 1988, August 1988, July-August 1991, January 7, 1998, April 20, 1998, October 23, 1998, and January 13, 2003), is convicted of stalking a Charlotte, North Carolina, doctor. A jury takes a little over 90 minutes to convict Benham. One juror tells a reporter that it was obvious after looking at the stalking statute that Benham “violated every part of it.… He went to the doctor’s house. He went into the doctor’s office and took pictures. He spoke to neighbors and called him a murderer. That is harassing. That causes fear.” Mecklenburg County prosecutors say Benham sought to scare the doctor from practicing in Charlotte. Benham, whose group operates out of nearby Concord, North Carolina, was convicted of the same charges almost a year earlier (see November 8, 2010), but exercised his right to a jury trial. He is convicted of misdeameanor stalking because he distributed posters with a doctor’s name and photo on “Wanted” posters. The posters read, “Wanted… By Christ, to Stop Killing Babies.” The doctor in question provides abortions. Benham also illegally entered the doctor’s home and his clinic to take photographs, and he and his supporters posted hundreds of the “Wanted” flyers around the doctor’s neighborhood. Benham is sentenced to 18 months’ probation and ordered to stop his behaviors. The “abortion industry” and the city of Charlotte have succeeded in “removing our voice from the street,” Benham says. “I can’t speak. I can’t get within 500 feet. They’ve stolen from innocent babies a voice that has spoken for them.” Several other abortion providers have been murdered after similar flyers were distributed in other cities, including Dr. David Gunn (see March 10, 1993), Dr. George Patterson (see August 21, 1993 and After), Dr. John Britton (see July 29, 1994), and Dr. George Tiller (see May 31, 2009). DuVergne Gaines, the legal coordinator for the Feminist Majority Foundation, which provides legal and security assistance to Charlotte-area women’s health clinics, says, “For too long, Benham and his organization have been able to stalk and terrorize abortion providers and their families with impunity.” Benham’s lawyer says he will file an appeal, and says Benham’s actions have nothing to do with the murders of the previous doctors. Benham says he will continue to protest at other abortion clinics; as for the doctor he was convicted of stalking, he says, “There will be other people who will come and stand up for what’s right.” [Charlotte Observer, 7/2/2011]

Entity Tags: Philip (“Flip”) Benham, DuVergne Gaines, Operation Save America

Timeline Tags: US Health Care, US Domestic Terrorism

Ohio Governor John Kasich (R-OH) signs a sweeping election measure that may, if it goes into effect, prevent hundreds of thousands of Ohio citizens from voting in November. Parts of the law are being challenged in court, and an effort to repeal it via a voter referendum is underway. The law shortens Ohio’s early voting period, bans in-person early voting on Sunday (a measure many believe is designed to thwart the historic “Souls to the Polls” activities often used by African-American churches to help their congregations vote), and prohibits boards of election from mailing absentee ballot requests to voters. Democrats in the Ohio legislature fought against the bill, but were outvoted in the final votes in both chambers. Former Ohio Secretary of State Jennifer Brunner (D-OH) says the law places undue barriers on voters and must be repealed. “It’s an accumulation of small procedural changes that add up to be the potential for long lines, dissatisfied voters, and less certainty on election results,” she says. Many of the law’s provisions came from current Secretary of State Jon Husted (R-OH). He has argued that Ohio’s 88 counties need uniform voter procedures. He claims the law has no political aspects nor any political ramifications. Brunner and other critics admit that parts of the bill are positive, particularly language that brings Ohio’s elections laws in line with federal court decisions, and they do not intend to challenge the law’s moving the state’s presidential primary from March to May. Provisions being challenged include:
bullet reducing the early-voting window from the current 35 days before Election Day to 21 days for voting by mail and 17 days for voting in person, eliminating the so-called “golden week” when people could register and vote on the same day;
bullet limiting Saturday in-person, early voting from 8 a.m. to noon and banning Sunday voting outright;
bullet prohibiting in-person early voting the weekend before Election Day;
bullet banning local boards of elections from mailing unsolicited absentee ballot requests to voters and prohibiting the boards from paying the return postage on the applications or ballots; and
bullet specifying that poll workers may—but are not required—to tell voters they are in the wrong precinct. [American Civil Liberties Union, 2011; Associated Press, 7/15/2011; Columbus Dispatch, 7/29/2011]
The law does not contain a controversial voter ID provision, but House Republicans want the Senate to pass a separate photo ID requirement later in July. The Senate seems to be leaning towards allowing a voter ID provision, but giving voters without the “proper” identification the alternative of casting a provisional ballot, a measure supported by Husted. Representative Lou Blessing (R-OH) says, “It’s almost ludicrous to think anyone is being suppressed” by the bill. [Columbus Dispatch, 7/29/2011] Many critics find the provision that allows poll workers to refuse to help voters to be particularly onerous. State Senator Nina Turner (D-OH) notes, “Voting in the wrong precinct led to over 14,000 registered voters statewide [losing] their vote in 2008,” a statement rated “true” by the nonpartisan fact-checking organization PolitiFact. Most of those votes were cast in what the Cleveland Plain Dealer called “urban and impoverished areas of the state,” which traditionally lean Democratic. Turner says of state Republicans, “I guess the loss of votes for some doesn’t matter.” [Think Progress, 7/5/2011] Overall, the Columbus Dispatch will conclude that some 234,000 voters in Columbus alone who successfully cast their ballots in 2008 would find themselves either entirely disenfranchised by the new law or facing new hurdles to casting their votes. Representative Marcia Fudge (D-OH) says the law overturns many of the reform measures passed after the 2004 elections, when many critics believe voter restrictions had a huge impact on the outcome in the presidential election in Ohio. “The only reason to limit these requirements is to limit voting and to strip targeted populations of their right to vote,” she says. “Anyone who values our democracy can understand why it is necessary to make voting easier for citizens, not more difficult.” Ohio Board of Elections chairman Doug Preisse, who chairs the Franklin County Republican Party, is also concerned about the new bill. “I could quibble with a few aspects because I’m looking at it from the challenge of running elections in a big county,” he says. “Did they get it right this time? I’m not sure.” [Think Progress, 7/25/2011]

Entity Tags: Cleveland Plain Dealer, Columbus Dispatch, Doug Preisse, Jon Husted, Jennifer Brunner, John Kasich, Marcia Fudge, Lou Blessing, Nina Turner

Timeline Tags: Civil Liberties, 2012 Elections

A group of tea party-affiliated organizations, including the lobbying group Americans for Prosperity (see Late 2004), the Tea Party Patriots, the Heritage Foundation, the Buckeye Foundation, American Majority, and the far-right, extremst John Birch Society (JBS—see March 10, 1961 and December 2011), hosts a two-day event called the “We the People Convention.” The event is designed to help raise money and awareness for Republican political candidates, in part through the auspices of the Ohio Citizens PAC. Some 88 area tea party groups in the Ohio Liberty Council are the local sponsors; the attendance is estimated at around 300 people. According to the organization’s Web site, “The purpose of the convention is to provide educational programs that will help all citizens participate in self governance as provided by the US and Ohio Constitutions by participating in the governance of their township, village, municipality, state, and country.” The convention includes “breakout sessions” that give information on “start[ing] your own Patriot group in your home town, or strengthen[ing] your existing group.” According to a report by the Institute for Research & Education on Human Rights’s Devin Burghart, the workshops advocate the dismantling of public education, Social Security, and Medicaid; the banning of labor unions; and voter suppression efforts against non-white voters. Burghart writes, “A hard look at this conference provides an invaluable window on the way the tea party movement works against even the most minimal efforts to promote the common good.” Many of the workshop presenters engage in what Burghart calls overtly racist jargon, including accusations that blacks who receive government assistance “have no souls” and President Obama is “not American.” Global warming is a fraud perpetuated by socialists to obtain control over private enterprise, one workshop asserts, with global warming advocates being compared to Nazi propagandist Joseph Goebbels. Another hosted by John McManus of the JBS claims that the Federal Reserve system is a Communist front group, and calls for a return to a gold- and silver-based monetary system. McManus also leads workshops that claim American Democrats are colluding with American neoconservatives to build a “one-world government,” a “New World Order” (see September 11, 1990) that would oppress whites and institute “global socialism.” Matt Spaulding of the Heritage Foundation tells listeners that they are the current equivalent of the Revolutionary War-era patriots, and the enemies of America are the “elites” and “progressive liberals” who intend to subvert American democracy. Progressive liberalism, Spaulding says, is an outgrowth of German Nazism. He cites what he calls “Obamacare,” the 2009 health care legislation bitterly opposed by many tea party groups, as an example of the Obama administration’s drive to “socialize” America and undermine constitutional law. At the welcoming ceremony, tea party spokesman Tom Zawistowski, the incoming president of the Ohio Liberty Council, tells the audience that the Obama administration is a “professional army” of socialists intent on overthrowing the Constitution. Zawistowski tells the assemblage that only they, the heirs and successors to American Revolutionary War figures such as Thomas Jefferson and George Washington, can stop Obama and the “liberal agenda” from destroying America as it currently exists. Vendors sell anti-Obama literature and bumper stickers, along with information on how to purchase weapons engraved with “We the People Convention” and selected phrases from the US Constitution. “[W]e do not hate Obama because he is black,” he says, “we hate him because he is a socialist, fascist, and not American.” While Zawistowski claims that tea parties have no affiliation with Republican politicians, Jenny Beth Martin of the Tea Party Patriots hosts a luncheon where she cautions listeners to avoid voting for Republican presidential candidate Mitt Romney, and instead consider voting for another Republican, Representative Michele Bachmann (R-MN). [We the People Convention, 7/2011; Institute for Research & Education on Human Rights, 9/16/2011]

Entity Tags: Tea Party Patriots, Tom Zawistowski, Willard Mitt Romney, Ohio Liberty Council, Ohio Citizens PAC, John F. McManus, Matt Spaulding, Michele Bachmann, Barack Obama, Americans for Prosperity, Heritage Foundation, Jenny Beth Martin, Devin Burghart, American Majority, John Birch Society, Buckeye Foundation

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

Two members of the Service Employees International Union (SEIU), Elston McCowan and Perry Molens, are found not guilty of assaulting tea party activist Kenneth Gladney. Gladney claimed he had been beaten by McCowan, Molens, and perhaps others during a contentious town hall forum in St. Louis two years ago (see August 6-8, 2009); Gladney, who was not injured during the momentary altercation between himself and union representatives at the forum, went on Fox News and other media venues in a wheelchair after the incident, claiming to have been badly beaten and asking for donations (see August 8, 2009). McCowan and Molens were charged with assault and interfering with police. The interference charges were later dropped. If convicted, the two could have faced up to a year in prison and a $1,000 fine. The jury deliberated for about 40 minutes before declaring both men innocent. Asked why Gladney lost, Molens, referring to both Gladney and his tea party backers, says, “They lost because they lied, it’s as simple as that.” Molens says he has received death threats from tea party members since the incident. Gladney has become a regular speaker at area events, where he discusses the “savage beating” he received at the hands of “union thugs.” Paul D’Agrosa, the lawyer representing both McCowan and Molens, says his clients were exonerated because the matter was tried in court: “It wasn’t tried on the Internet. It wasn’t tried on the blogosphere.” D’Agrosa is referring to the innumerable videos of the incident, some heavily edited and altered, along with interviews of Gladney and commentaries made by a number of conservative bloggers (see August 7, 2009) as well as a number of national media figures (see August 7-8, 2009 and August 10, 2009), including some from Fox News (see Early November 2009). Keith Gladney, the twin brother of Kenneth Gladney, says of the verdict: “It’s atrocious. It’s obvious. The legal system here has come to the point where you can beat somebody up and still get off.” McCowan and Molens claimed in court that Gladney, who was selling anti-Obama buttons outside the forum, began the altercation by slapping McCowan’s hands when the two asked him about the merchandise he was selling. When Gladney slapped McCowan a second time, McCowan pushed him. According to Molens, Gladney then “started punching him in the face. I tried pulling him off.” The altercation escalated, with more shoving and punches being thrown; McCowan suffered a fractured shoulder during the altercation, but Gladney was the one claiming to have suffered extensive injuries. Video clips and testimony from onlookers supported McCowan and Molens’s version of events. McCowan, a Baptist minister, got chuckles in the courtroom when he testified that he didn’t turn the other cheek because it “hadn’t gotten hit yet.” [St. Louis Post-Dispatch, 7/12/2011; Media Matters, 7/13/2011]

Entity Tags: Keith Gladney, Elston McCowan, Fox News, Service Employees International Union, Perry Molens, Paul D’Agrosa, Kenneth Gladney

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties, 2012 Elections

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

The US Court of Appeals for the First Circuit issues a pair of rulings in two related cases that affirm campaign finance disclosure provisions in Maine and Rhode Island. Both cases were brought by the National Organization for Marriage (NOM), a conservative group that opposes, among other things, state and federal laws granting gays and lesbians the right to marry. The Citizens United ruling (see January 21, 2010) allows for unlimited donations from corporations and labor unions, but also upholds disclosure laws that can be “justified based on a governmental interest in ‘provid[ing] the electorate with information’ about the sources of election-related spending.” NOM’s pair of lawsuits challenged those areas of campaign finance laws in the two states, asking that NOM’s donors be allowed to remain secret. The court denies the lawsuits, writing in part: “In an age characterized by the rapid multiplication of media outlets and the rise of internet reporting, the ‘marketplace of ideas’ has become flooded with a profusion of information and political messages. Citizens rely ever more on a message’s source as a proxy for reliability and a barometer of political spin. Disclosing the identity and constituency of a speaker engaged in political speech thus ‘enables the electorate to make informed decisions and give proper weight to different speakers and messages.‘… Additionally, in the case of corporate or organizational speakers, disclosure allows shareholders and members to ‘hold them accountable for their positions.‘… In short, ‘the First Amendment protects political speech; and disclosure permits citizens and shareholders to react to that speech in a proper way.’” Unless the appellate court’s decisions are overturned, the two states’ campaign disclosure statutes will remain in effect. NOM attorney James Bopp used a number of arguments in court that legal analyst Ian Millhiser will characterize as “paranoid fantasies regarding the impact of disclosure laws,” such as the need for anti-gay groups to keep their donors secret to protect those donors from harassment and threats. Industry groups have argued that government officials intend to use disclosure laws to reward their political allies. Millhiser will observe sardonically, “Because there is nothing dirtier than requiring wealthy individuals and corporations to come out from the shadows and reveal which elections they want to buy.” Similar lawsuits against campaign disclosure laws in Florida and New York, which Millhiser will say are the product of a “coordinated campaign” against disclosure, are pending. A lower court dismissed the New York case, and that decision is in the process of being appealed. [NATIONAL ORGANIZATION FOR MARRIAGE et al v. WALTER F. MCKEE et al, 8/11/2011; NATIONAL ORGANIZATION FOR MARRIAGE v. JOHN DALUZ, 8/11/2011; Policy Shop, 8/16/2011; Think Progress, 8/17/2011] Shortly after the Citizens United ruling, Bopp confirmed that this case, like the Citizens United case and others (see Mid-2004 and After), is part of a long-term strategy to completely dismantle campaign finance law (see January 25, 2010).

Entity Tags: National Organization for Marriage, James Bopp, Jr, Ian Millhiser

Timeline Tags: Civil Liberties

Presidential candidate Mitt Romney (R-MA) visits the Iowa State Fair. He is flanked by several campaign volunteers.Presidential candidate Mitt Romney (R-MA) visits the Iowa State Fair. He is flanked by several campaign volunteers. [Source: Washington Post]Presidential contender Mitt Romney (R-MA) delivers a speech at the Iowa State Fair, just before a Republican presidential debate the same evening and an upcoming Iowa straw poll, and after the speech, he tells the crowd that “corporations are people.” Romney has some difficulty with members of the audience during the question-and-answer session. The first questioner asks if Romney, as president, would be willing to raise the cap on payroll taxes so that rich people would have to pay more into the system. Romney, who is worth well over $200 million, answers that such a move would be the same as “attacking people because of their success,” and adds, “You know, there was a time in this country when we didn’t celebrate attacking people based on their success and when we didn’t go after people because they were successful.” He then attacks President Obama’s fiscal policies (later saying that he believes Obama may “take… his political inspiration from the social Democrats of Europe”), and claims that “half” of Americans “pay no taxes at all.” He also claims that if the country intends to pay the same Social Security, Medicare, and Medicaid benefits to citizens in the future as it pays today, taxes for those programs would have to be raised from 15 percent of income to 44 percent. A second questioner asks Romney what he intends to do to strengthen Social Security, Medicaid, and Medicare without cutting benefits. He shouts down the questioner, and answers another crowd member who says, “You came here to listen to the people,” by saying, “No, no, no, no, I came here to speak, and you’ll get to answer your question.” Some in the crowd boo him. He then says about Social Security and Medicare: “I’m not going to raise taxes. That’s my answer.” As he delivers his answer, some in the crowd begin chanting: “Wall Street greed! Wall Street greed!” He tells the crowd that in order to “save” Social Security, “completely eliminating the cap without increasing benefits actually creates a long-term surplus, and eliminating the cap while increasing benefits comes close.” During the exchange, Romney supporters, who make up the majority of the crowd, cheer the candidate on. Ian Millhiser of the liberal news Web site Think Progress writes that Romney “frequently responded belligerently to their anger.” Romney spurs further ire when he says that the US “should consider a higher retirement age” for Social Security and Medicare in order to preserve tax breaks for corporations. He says he does not support preserving Social Security by raising taxes on people, and some in the crowd shout: “Corporations! Corporations!” Romney then responds, “Corporations are people, my friend.” Some in the crowd shout back, “No they’re not!” and Romney replies: “Of course they are. Everything corporations earn ultimately goes to people. Where do you think it goes?” Someone shouts, “It goes into your pocket!” and Romney retorts: “Whose pockets? Whose pockets? People’s pockets. Human beings, my friend.” Millhiser writes of the exchange: “Romney’s antagonists are right that corporate money flows right into Romney’s pockets. Indeed, Romney has taken more money from corporate and other lobbyists than all the other GOP candidates put together, and this will likely only be the beginning for Romney if he becomes the GOP nominee.” Millhiser writes that it is likely Romney is referring to the Citizens United decision (see January 21, 2010) in characterizing “corporations [as] people.” [Washington Post, 8/11/2011; Think Progress, 8/11/2011; Think Progress, 8/11/2011]
'Debate Prep' - The Washington Post’s Philip Rucker calls the “testy” interactions between Romney and the audience “the best debate prep session he could have hoped for.” Democratic National Committee (DNC) chair Debbie Wasserman Schultz (D-FL) is less impressed, saying in a statement that Romney’s characterization of corporations as people is a “shocking admission.” She adds, “Mitt Romney’s comment today that ‘corporations are people’ is one more indication that Romney and the Republicans on the campaign trail and in Washington have misplaced priorities.” [Washington Post, 8/11/2011]
Romney Campaign Defends Characterization - Later in the day, Romney spokesperson Eric Fehrnstrom defends the “corporations are people” statement on Twitter, posting: “Do folks think corporations are buildings? They’re people who incorporate to conduct business. They create jobs and hire more people.” Romney’s Republican opponent Jon Huntsman (R-UT) counters through spokesperson Tim Miller, again on Twitter; Miller posts, “Was American Pad & Paper Company a person/friend?” The reference is to the firm American Pad and Paper (AMPAD), which was a thriving company before Romney’s firm Bain Capital acquired it, closed two of its US plants, laid off 385 workers, and drove the firm into bankruptcy. [TPM DC, 8/11/2011]
'Gift' to Opponents - National Public Radio’s Frank James calls the statement “a gift” to Romney’s political opponents, and says it may well follow him all the way into the November presidential elections if Romney wins the Republican nomination. “He just made their goal of pushing the narrative that he is a tool of corporate America much easier by providing them with that handy piece of video,” James writes. He also notes that Twitter is almost immediately inundated with posts mocking the comment. James’s NPR colleague Liz Halloran, who is in the crowd, later writes of the comment, “Not his best moment.” She praises Romney for being willing to engage with his critics during the exchange. [National Public Radio, 8/11/2011]

Entity Tags: Eric Fehrnstrom, Debbie Wasserman Schultz, Bain Capital, American Pad and Paper, Barack Obama, Tim Miller, Willard Mitt Romney, Liz Halloran, Jon Huntsman, Ian Millhiser, Frank James, Philip Rucker, Iowa State Fair

Timeline Tags: Civil Liberties

Pat Delany.Pat Delany. [Source: Addiego, Rudder and Delany]New Jersey Assemblyman Pat Delany (R-LD8) resigns from his position after his wife, Jennifer Delany, sent an email to Carl Lewis, the former Olympic gold medalist who is running as a Democrat for a state Senate seat. Lewis is African-American; the email from Jennifer Delany is seen by many as having a racist slant. On July 7, Jennifer Delany responded to a routine mass email from the Lewis campaign with the following: “Imagine, not having to pay NJ state income taxes.… It must be nice. Imagine getting a court ruling overturned so your name could get put on the ballot. Imagine having dark skin and name recognition and the nerve to think that equalled [sic] knowing something about politics. Sure, knowing someone with fat purse strings is nice, but you have no knowledge. Remove my email. To think you STOLE my email and name from a complaint letter. I’m reporting you as SPAM.” She referred to a controversy surrounding Lewis’s residency in New Jersey; the former California resident was ruled ineligible for the race by New Jersey’s top elections official, Republican Lieutenant Governor Kim Guadagno. Lewis challenged her ruling in state and federal courts, and though a federal appeals court allowed his name to appear on June primary ballots, and he won that primary, the case remains unsettled. In late August, Pat Delany will issue a statement after the press learns of his wife’s email to Lewis that states: “I am deeply disappointed in my wife’s decision to send that email to Mr. Lewis’ campaign; it does not reflect my personal beliefs whatsoever. In an attempt to repair the serious damage this has caused to our marriage, and to protect our kids from public humiliation, I decided to leave public life. On behalf of my family, we sincerely apologize to Mr. Lewis for any pain this caused him.” Delany resigns after learning of his wife’s email, and informs the Burlington County Republican Committee that he will not run for the seat in 2012. Sources will say Delany wants to protect his children from the possible impact of the story if it becomes public knowledge. Committee chairman Bill Layton and senior committee officials agree to “let [Delany] go quietly.” Publicly, Delany says that his reason for resigning centers on an unspecified family issue; the press will not learn about his wife’s email until almost two weeks later. Layton later says: “Former Assemblyman Pat Delany’s wife inexplicably sent an offensive and racist email in response to a routine email from Carl Lewis’ campaign; her actions were inexcusable. To his credit, Pat voluntarily disclosed the email to me after he found out about it. In an attempt to protect his young children from a hurtful and embarrassing public spectacle involving their mother, Pat decided he would step down from the Assembly and not seek election to a full term this November. After much deliberation, I agreed to let Pat leave public life without disclosing the reasons for his sudden departure to the press beyond the fact that he was dealing with a serious family issue. In this case, that issue was the severe damage done to his marriage in the aftermath of his wife’s decision to send this offensive email. While it may have been politically expedient to publicly throw Pat under the bus, I believe letting him walk away quietly was the honorable, compassionate thing to do for someone who personally had done nothing wrong. At the same time, I was very clear with Pat from the beginning that if he chose to stay on the ballot, the Burlington County Republican Party would have withdrawn our support. The Burlington County Republican Party has a proud tradition of being the most inclusive, diverse Republican organization in the state and it’s something we are extremely proud of. On behalf of the party, I offer Mr. Lewis our apologies for any pain this issue may cause him or his family, and we stand with all Burlington County residents who believe this kind of language has no place in society or in public discourse.” The Lewis campaign will refuse to comment on the email. [PolitickerNJ, 8/22/2011; Associated Press, 8/22/2011] Delany is a small business owner and a seven-year Navy veteran. [Addiego, Rudder and Delany, 2011]

Entity Tags: Burlington County Republican Committee, Pat Delany, Bill Layton, Jennifer Delany, Kim Guadagno, Frederick Carlton (“Carl”) Lewis

Timeline Tags: Domestic Propaganda

Liberal columnist Joan Walsh uses a recent op-ed by authors and researchers David Campbell and Robert Putnam (see August 16, 2011) to ask why the media portrays the “tea party” movement as a powerful new force of non-partisan advocates of small government, when research shows that the movement is, as Walsh and others have long argued, largely formed of right-wing social conservatives. Walsh writes: “It’s great to have data, but this is something a lot of us believed all along—the tea party was the Republican base dressed up in silly costumes. Why was the media so quick to declare them a vital new force in politics?” Walsh points to the early involvement of the billionaire Koch brothers (see July 3-4, 2010 and August 30, 2010), lobbying groups such as FreedomWorks (see April 8, 2009 and April 14, 2009) and Americans for Prosperity (see Late 2004), and Fox News, whom she says did early and “energetic publicity for… tea party rallies” (see March 23-24, 2009, April 6-13, 2009, April 6-7, 2009, April 8, 2009, April 13-15, 2009, April 15, 2009, April 16, 2009, May 13-14, 2009, July 28, 2009, August 3, 2009, August 3, 2009, August 8, 2009, August 10, 2009, August 11, 2009, August 28, 2009, September 1, 2009, September 12, 2009, September 18, 2009, Early November 2009, and May 22, 2011). Former Fox News talk show host Glenn Beck helped start one of the earliest nationwide “tea party” organizations, the “9-12 movement” (see March 13, 2009 and After). The first “tea party” rally Walsh attended, in San Francisco in April 2009, was sponsored by right-wing talk radio station KSFO and featured speakers such as Melanie Morgan, who, Walsh recalls, “whipped the crowd into an anti-government frenzy that day.” Many “birthers”—people who insist that President Obama is not the legitimate president because he is not an American citizen—were on hand. Race is a big issue for many “tea party” members, Walsh writes: while Obama’s race is a bone of contention for many “tea partiers,” “it’s worth noting that these are the same people who’ve been fighting the Democratic Party since the days of the Civil Rights Act, the Voting Rights Act, and the beginning of the War on Poverty, almost 50 years ago. They associate those long overdue social reforms with giving folks, mainly black people, something they don’t deserve. I sometimes think just calling them racist against our black president obscures the depths of their hatred for Democrats, period.” [Salon, 8/17/2011] Walsh is echoing similar claims made by Mother Jones columnist Kevin Drum almost a year ago (see September 2010).

Entity Tags: David Koch, Barack Obama, Americans for Prosperity, Charles Koch, Fox News, FreedomWorks, Joan Walsh, Melanie Morgan, Kevin Drum, Glenn Beck

Timeline Tags: Domestic Propaganda

Andre Carson.Andre Carson. [Source: United Muslim Masjid Online]Representative Andre Carson (D-IN) tells an audience at a town hall that “tea party” members of Congress view African-Americans as “second-class citizens” and would like to see them “hanging on a tree,” characterizations that the Washington Post later terms “incendiary.” Carson makes the remarks at a Congressional Black Caucus (CBC) Job Tour event in Miami, Florida. Carson tells the audience: “I’m saying right now, under [CBC] Chairman Emanuel Cleaver’s leadership, we have seen change in Congress… but the tea party is stopping that change. And this is beyond symbolic change. This is the effort that we’re seeing, of Jim Crow.… Some of these folks in Congress right now would love to see us as second-class citizens. Some of them in Congress right now with this tea party movement would love to see you and me—I’m sorry, Tamron—hanging on a tree.” “Tamron” is a reference to MSNBC news anchor Tamron Hall, who moderates the event. Carson adds: “Some of them right now in Congress right now are comfortable with where we were 50 or 60 years ago. But it’s a new day with a black president and a Congressional Black Caucus.” His office later confirms that Carson stands by the statements, saying they were “prompted in response to frustration voiced by many in Miami and in his home district in Indianapolis regarding Congress’ inability to bolster the economy.” Carson spokesman Jason Tomcsi adds: “The tea party is protecting its millionaire and oil company friends while gutting critical services that they know protect the livelihood of African-Americans, as well as Latinos and other disadvantaged minorities. We are talking about child nutrition, job creation, job training, housing assistance, and Head Start, and that is just the beginning. A child without basic nutrition, secure housing, and quality education has no real chance at a meaningful and productive life. So, yes, the congressman used strong language because the tea party agenda jeopardizes our most vulnerable and leaves them without the ability to improve their economic standing.” The Blaze, a Web site launched by conservative commentator and former Fox News host Glenn Beck, begins circulating clips of Carson’s statements, interspersed with other statements made by CBC members at other town halls, calling them “dangerous” and “violent.” Carson was one of the CBC members called a “n_gger” by tea party ralliers outside the Capitol in March 2010 (see March 20, 2010). [Washington Post, 8/30/2011; ABC News, 8/30/2011]

Entity Tags: The Blaze (.com), Andre Carson, Congressional Black Caucus, Jason Tomcsi, Emanuel Cleaver, Washington Post, Tamron Hall

Timeline Tags: Domestic Propaganda

The online news site Daily Beast writes that the tea party movement that once swept American politics seems to be “losing… steam.” Reporter Patty Murphy writes: “Gone is the white-hot rage that famously defined the town hall meetings of August 2009 and sent incumbents from both parties packing a year later. In its place is… lingering frustration and continued anger with Washington, but a growing realization within the upstart movement that sustaining a revolution is harder than starting it—and that merely electing conservatives doesn’t guarantee they’ll buck the system they promised to overthrow.” Utah tea party member Jerry Stotler blames the lawmakers elected as a result of tea party activism. Speaking of a recent budget compromise between Congressional Republicans and Democrats, he says: “One of the most powerful words in the English language is ‘no.’ The tea party has failed to use their power of ‘no.’ If they would’ve just stood strong on their principles, this [compromise] wouldn’t have happened.” Murray notes that many of the tea party’s favorite lawmakers, such as Representative Jason Chaffetz (R-UT), organization leader and 2012 House candidate Jamie Radtke (R-VA), and Governor Paul LePage (R-ME), are disappointing followers. Chaffetz has chosen not to run against Senator Orrin Hatch (R-UT), Radtke is struggling for momentum against George Allen (R-VA) in the 2012 Senate race, and LePage has endorsed moderate Senator Olympia Snowe (R-ME) instead of Snowe’s more conservative challengers. One Republican aide says incumbents like Hatch, Snowe, and Senator Lindsey Graham (R-SC) are working harder to curry favor among tea party activists. Graham tells Murray: “The tea party has added an energy on the big issues we haven’t had before. These people are fearless.… [T]hey’re doing the nation a great service.” But Graham, like some other Republicans, is showing a willingness to buck tea party ideology at times; for example, he insists that he is “for clean air and clean water,” a direct rebuke to the tea party’s stated desire to abolish the Environmental Protection Agency and its opposition to any dealings with “climate change” science. Graham tells Murray that the tea party has to do more than merely oppose ideas if they want their movement to last. “The question for the tea party is, what is your vision?” he says. “I buy into their vision of limiting the size and scope of government. I’ve been doing that for years. The problem that parties have, tea party, Republican Party, Democratic Party, is you can disconnect yourself from the people. The tea party has got to convince people that you can find common ground.” Polls show that the tea party’s popularity among registered voters has dwindled dramatically since 2009; Graham, for one, is not worried about a tea party challenger when he runs for re-election in 2014. [Daily Beast, 8/25/2011]

Entity Tags: Lindsey Graham, George F. Allen, Daily Beast (.com), Jamie Radtke, Jerry Stotler, Olympia Snowe, Patty Murphy, US Senate, Paul LePage, US House of Representatives, Jason Chaffetz

Timeline Tags: Domestic Propaganda

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