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A scene from the UW Horticulture Center fire. [Source: Associated Press]Two college students set off a firebomb at the University of Washington’s Center for Urban Horticulture that causes $7 million in damages. No one is injured in the blast, caused by several time-delayed fire bombs. Lacey Phillabaum and Jennifer Kolar are affiliated with the Earth Liberation Front (ELF—see 1997), which will take credit for the bombing. ELF’s plan was to target genetically-engineered poplar trees at the center, but the bomb also destroys other research projects, including wetlands restoration and endangered stickweed plants. Since 2000, ELF has targeted companies and government facilities involved in genetic engineering; a professor involved in the poplar project, Toby Bradshaw, received timber-industry funding for the research. ELF’s statement after the bombing calls the genetically engineered poplars “an ecological nightmare” for the diversity of native forests. Bradshaw will say that most of the damage he suffered was to his office; a greenhouse containing some 80 genetically-engineered poplars survives unscathed. “The truth is that we’re dealing with a bunch of misinformed… folks who don’t understand the research that was being carried out,” Bradshaw will say. “Even though I was the target, I am the one who was least affected.” Of charges that his “mutant” trees would damage the environment, Bradshaw says his work will almost certainly never “see the outside of a greenhouse.” The UW bombing is one of two planned for the day of May 21; a second bombing also occurs at a Clatskanie, Oregon, poplar farm owned by a timber firm, claiming two buildings and a dozen vehicles. Five years later, Phillabaum and Kolar will plead guilty to participating in the firebombing and other, lesser charges in return for their cooperation in a federal investigation into attacks mounted by ELF and its sister organization, the Animal Liberation Front (ALF—see 1976). US Attorney John McKay will say, “These violent acts of destruction are not a valid form of political speech.” Both will receive significantly smaller prison terms than they may have received had they gone to trial and been convicted of all counts. Three other ELF members were at the scene: William C. Rodgers, a longtime ELF activist who will commit suicide in an Arizona jail in 2005 (see October 19, 1998); Justin Solondz, who helped assemble the bombs and is now a fugitive; and Briana Waters, who has been indicted for serving as a lookout for the UW bombing. [Los Angeles Times, 6/9/2001; Seattle Times, 10/5/2006]
The environmental activism group Earth Liberation Front (ELF—see 1997) releases a new handbook on its Web site, giving details about how to carry out a variety of attacks—“direct actions”—against corporations, universities, and government firms who in group members’ opinions are damaging the environment. One section discusses “the politics and practicalities of arson,” and observes: “Guarantee destruction of the target through careful planning and execution.… Take no shortcuts.… Never be satisfied with possible destruction or probable destruction. The objective of every action should be assured destruction. The risks are too high for anything else.” The techniques outlined in the handbook have been used several times recently, including in the firebombing of a University of Washington horticulture project and an Oregon tree farm (see May 21, 2001). The FBI says that after intensive investigation, it has determined that ELF has a cohesive and identifiable hierarchy of leadership; ELF has always insisted that it is a “leaderless resistance” movement that operates chiefly through independent cells of activists. “There is a certain core, or central organization, that knows what is going on throughout the country,” says Phil Donegan, a senior FBI agent in Portland, Oregon. “That’s part of the criminal case that we’re building.” Donegan says ELF’s activities warrant its designation as a domestic terrorism group. [Los Angeles Times, 6/9/2001]
One of a number of semi-official logos for PETA (People for the Ethical Treatment of Animals). [Source: Seventh Generation (.com)]A number of moderate and more radical animal rights groups hold their annual conference at the McLean Hilton in McLean, Virginia. More “mainstream” groups such as the Humane Society of the United States (HSUS) are represented, as are groups such as People for the Ethical Treatment of Animals (PETA), which straddle the divide between mainstream moderate rhetoric and extremism, and frankly extremist organizations such as the Animal Liberation Front (ALF—see 1976), its affiliate environmental organization Earth Liberation Front (ELF—see 1997), and Stop Huntingdon Animal Cruelty (SHAC—see 1998). PETA’s Bruce Friedrich tells a panel: “If we really believe that animals have the same right to be free from pain and suffering at our hands, then of course we’re going to be blowing things up and smashing windows.… I think it’s a great way to bring about animal liberation, considering the level of suffering, the atrocities. I think it would be great if all of the fast-food outlets, slaughterhouses, these laboratories, and the banks that fund them, exploded tomorrow. I think it’s perfectly appropriate for people to take bricks and toss them through the windows.… Hallelujah to the people who are willing to do it.” The panel members and audience applaud Friedrich’s words. ALF, ELF, and SHAC activists share a table, handing out pamphlets and T-shirts, one of which reads, “Words Mean Nothing… Action is Everything!” [Southern Poverty Law Center, 9/2002]
A screenshot from ‘Stormfront for Kids,’ depicting the site’s logo and two Confederate-era flags. [Source: USA Today]USA Today reports on the participation of Derek Black, the 12-year-old son of Don Black, in his father’s Web activities. The elder Black operates Stormfront, the Internet’s first large-scale Web site promoting racial hatred and white supremacy (see March 1995). Black is proud of his son, telling a reporter that he “[c]ouldn’t ask for anything more.” He keeps a framed photo of Derek dressed in a Confederate soldier’s uniform above his desk in his home office. Derek runs the site’s children’s section, Stormfront for Kids, under his father’s supervision. The children’s pages feature puzzles, games, animated Confederate flags, audio files of white-pride songs, what USA Today calls “an inflammatory article about Martin Luther King Jr.,” and a personal statement from Derek asking visitors to stop sending him hate mail. “I get a lot of people who think I’m just a pawn in this horrible game of lies,” says Derek, who has been home-schooled since third grade by his mother, Chloe. “One person said: ‘Don’t listen to what your father says. Go turn on the Discovery Channel. Find out what the real world is like.’ Why would I turn on the TV to find out what the real world is like?” Stormfront for Kids is emblematic of the white supremacist movement’s outreach to younger potential members. Of the estimated 2,500 “hate” Web sites, 44 have sections designed for children, teens, and parents, according to Mark Weitzman of the Wiesenthal Center’s Task Force Against Hate. Though the number of sites may be small, USA Today reports that child psychologists and others monitoring their activity are alarmed about their reach and influence. “If you have a susceptible child who is angry and depressed, the sites could push a child toward certain behavior,” says psychiatrist Sirgay Sanger, director of New York City’s Early Care Center. “It’s the first step toward throwing a rock.” Weitzman says: “The number of people involved in these movements is not the only important factor. Sometimes when the numbers are low, members think the only way they can get their message across is through an act of domestic terrorism or extreme violence.” The most effective way that Stormfront and other groups such as the National Alliance (see 1970-1974) reach young people is through “skinhead” music, says Jordan Kessler, director of an Internet monitoring unit for the Anti-Defamation League (ADL). “This is a language kids understand—a band of cool-looking young guys blasting out music.” One label, Resistance Records (see Late 1993 and Summer 1999), sold “close to $1 million” in merchandise last year, mostly online, according to Erich Gliebe, the leader of the National Alliance and the CEO of Resistance Records. That label sells items such as Nazi parade flags and a CD titled “War Songs of the 3rd Reich, Vol. 3.” Black says, “People say, ‘You’re teaching your son Satan.’” But, he says, “I think anyone who is critical of me for instilling in my son my world view has lost track of how a society should function.” [USA Today, 7/16/2001]
Entity Tags: Mark Weitzman, Don Black, Derek Black, Chloe Black, Erich Josef Gliebe, National Alliance, Jordan Kessler, Stormfront (.org), Sirgay Sanger, Resistance Records, USA Today, Stormfront for Kids
Timeline Tags: US Domestic Terrorism
The Macedonian government and Macedonian Albanian political leaders, along with EU envoy Francois Leotard and American envoy James Pardew, conduct talks for weeks in Ohrid and come to an agreement on August 8. The Framework Agreement is signed at a tense ceremony in Skopje on August 13. Under the agreement, Macedonia’s constitution will be changed to call it a state of “Macedonian citizens,” not the “Macedonian nation”; Albanian will become an official language where 20 percent or more of the people are speakers; limits are taken off national symbols and religion; and Albanians and other groups are given a veto over legislation about “culture, use of language, education, personal documentation, and use of symbols,” and can call for elected commissions to monitor human rights. The parties agree to reform the Macedonian police force to reflect Macedonia’s ethnic makeup by 2004 (only six percent of the force is Albanian at this time), the Law on Local Self-Government and Local Finance is amended to increase local autonomy, local boundaries are to be moved to reflect ethnic composition after an upcoming census, and the Laws on the Civil Service and Public Administration are changed so ethnic groups will have equal representation.
The Peace Deal between NATO and the NLA - NATO representative Pieter Feith and Ali Ahmeti, leader of the National Liberation Army, negotiate a separate peace settlement. On August 14 the NLA will say it supports the Framework Agreement and signs a technical agreement with NATO. NATO will disarm the NLA and the guerillas will receive amnesty. About 3,500 NATO soldiers will enter Macedonia, beginning on August 12 with the entry of British and French units.
Results of the Agreements - There are Macedonian and Albanian groups that oppose the Framework Agreement, including the Albanian National Army, a militant group about as old as the NLA, and the Real NLA. Some accuse NATO or the USA of being behind the NLA and ANA. Political changes will be made in Macedonia, but the Framework Agreement will not be implemented fully. By September 27, the NLA will dissolve. Six months of civil war kill 150 to 250 people (including 95 Macedonian police and soldiers), wound 650 or more, and displace 140,000 people. At its peak, the NLA controls about 20 percent of Macedonia. [Kola, 2003, pp. 379-382; Phillips, 2004, pp. 134-136, 161, 204]
Entity Tags: James Pardew, Albanian National Army, Francois Leotard, Ali Ahmeti, Macedonia, European Union, National Liberation Army, Pieter Feith, Real NLA, United States of America, North Atlantic Treaty Organization
Timeline Tags: Kosovar Albanian Struggle
Firefighters battle a blaze at a Tucson McDonald’s restaurant. [Source: Moonbattery (.com)]Activists with the Animal Liberation Front (ALF—see 1976) set fire to a McDonald’s restaurant in Tucson, Arizona, causing $500,000 in damages. McDonald’s has long been a target for the organization because of the firm’s large-scale slaughter of beef cattle, and the cover of the ALF manual “ARSON-Around with Auntie ALF” depicts a cartoon of a McDonalds burnt to the ground (see 1997). ALF and its sister organization, the Earth Liberation Front (ELF—see 1997), claim credit for the fire in a joint statement, and say the fire is meant as a warning to corporations worldwide. [Anti-Defamation League, 2005]
Representative Ron Paul (R-TX) says that newsletters printed for decades under his name that racially disparaged black lawmakers such as Representative Barbara Jordan (D-TX) were not actually written by him. He tells reporter S.C. Gwynne: “I could never say this in the campaign, but those words weren’t really written by me. It wasn’t my language at all. Other people help me with my newsletter as I travel around. I think the one on Barbara Jordan was the saddest thing, because Barbara and I served together and actually she was a delightful lady.” (Paul’s newsletter called Jordan “Barbara Morondon” and the “archetypical half-educated victimologist” whose “race and sex protect her from criticism.”) The item slighting Jordan was published, Paul says, because “we wanted to do something on affirmative action, and it ended up in the newsletter and became personalized. I never personalize anything.” He attempts to explain why he never publicized his claimed lack of involvement with his own newsletter, saying: “They were never my words, but I had some moral responsibility for them.… I actually really wanted to try to explain that it doesn’t come from me directly, but they [campaign aides] said that’s too confusing. ‘It appeared in your letter and your name was on that letter and therefore you have to live with it.’” Gwynne writes: “It is a measure of his stubbornness, determination, and ultimately his contrarian nature that, until this surprising volte-face in our interview, he had never shared this secret. It seems, in retrospect, that it would have been far, far easier to have told the truth at the time.” [Texas Monthly, 10/1/2001; Reason, 1/11/2008] In 1996, Paul admitted to writing the newsletters (see May 22 - October 11, 1996). In 2008, a New Republic article (see January 8-15, 2008) will document a raft of crudely racist, homophobic, anti-Semitic, and far-right conspiratorial content from years’ worth of Paul’s newsletters (see 1978-1996).
An appeals court rejects an argument by anti-abortion advocate Joseph Scheidler (see 1980 and 1986) that he should be allowed to continue his campaign of violence and intimidation towards women seeking abortions and other health services (see July 16, 1999). The Seventh Circuit Court of Appeals finds that “the First Amendment does not protect violent conduct” and that “violence in any form is the antithesis of reasoned discussion.” Scheidler and his colleagues will appeal to the Supreme Court. [National Organization for Women, 9/2002]
Appeals Court Judge Sonia Sotomayor delivers a lecture at the University of California at Berkeley School of Law. Sotomayor, whose parents are Puerto Rican, speaks on the subject of Hispanics in the judiciary and her own experience as a Latina (Hispanic woman) jurist. After noting the tremendous cultural and ethnic diversity among Hispanics, and citing the ascension of increasing numbers of Hispanics and women to the judiciary, Sotomayor addresses the issue of judges acting without regard for their ethnic heritage or gender. “[J]udges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law,” she says, and notes that while she tries to aspire to that goal: “I wonder whether achieving that goal is possible in all or even in most cases. And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society. Whatever the reasons why we may have different perspectives, either as some theorists suggest because of our cultural experiences or as others postulate because we have basic differences in logic and reasoning, are in many respects a small part of a larger practical question we as women and minority judges in society in general must address. I accept the thesis… that in any group of human beings there is a diversity of opinion because there is both a diversity of experiences and of thought.… I further accept that our experiences as women and people of color affect our decisions. The aspiration to impartiality is just that—it’s an aspiration because it denies the fact that we are by our experiences making different choices than others.” She adds: “Justice [Sandra Day] O’Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases.… I am also not so sure that I agree with the statement. First… there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life. Let us not forget that wise men like Oliver Wendell Holmes and Justice [Benjamin] Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I… believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable.… However, to understand takes time and effort, something that not all people are willing to give. For others, their experiences limit their ability to understand the experiences of others. Other simply do not care. Hence, one must accept the proposition that a difference there will be by the presence of women and people of color on the bench.” [National Council of La Raza Law Journal, 10/2001; ABC News, 10/26/2001 ; New York Times, 5/14/2009] After Sotomayor is nominated to the Supreme Court (see May 26, 2009), many critics will use this speech to accuse her of racism (see May 26, 2009, May 26, 2009, May 26, 2009, May 27, 2009, May 28, 2009, and June 3, 2009).
Scores of family planning clinics in at least 12 states have received letters containing anthrax threats, according to officials of feminist and abortion-rights organizations. Eleanor Smeal of the Feminist Majority Foundation says that over 200 clinics and advocacy organizations received letters in early November, all delivered in Federal Express envelopes. The envelopes that were opened contained a suspicious white powder and letters signed by the Army of God (AOG), a violent anti-abortion group (see 1982). This was the second such mailing in recent weeks; the first mailing was comprised of some 280 letters containing threatening letters and white powder purporting to be anthrax. None of the powder in any of the envelopes contained real anthrax; the letters were apparently hoaxes. Some of the letters in the latest mailings said: “You’ve ignored our earlier warnings. You’ve been exposed to the real thing. High-quality.” Groups targeted by the mailings include the Feminist Majority Foundation, the Center for Reproductive Law and Policy, Catholics for a Free Choice, Advocates for Youth, and the American Association of University Women. The persons responsible for the mailings somehow obtained the account numbers of two pro-choice organizations, the Planned Parenthood Federation of America and the National Abortion Federation, and used those accounts to pay for the mailings. The mailings have been traced to at least three drop-off locations in Virginia and Philadelphia. More packages are believed to be en route, and Federal Express is trying to intercept them. “I think the people responsible are despicable,” says Vicki Saporta of the National Abortion Federation. “They actually used our account number and our address, so our members would feel comfortable opening them.” Gloria Feldt, president of the Planned Parenthood Federation of America, says: “These letters are designed to terrorize us, and disrupt our work and our lives. That’s terrorism, plain and simple, and we take it very seriously.… The fact that they would forge the names of our staff members to terrorize employees is truly evil. Their heinous activities will not succeed.” Brian Emanuelson of the Connecticut Department of Environmental Protection says, “These were intended to be a threat to scare people and we want to make sure this is not what they say it is.” [CBS News, 11/9/2001] The anthrax mailings were from anti-abortion activist and AOG member Clayton Waagner (see 1997-December 2001).
Entity Tags: Feminist Majority Foundation, Brian Emanuelson, Army of God, American Association of University Women, Advocates for Youth, Catholics for a Free Choice, Eleanor Smeal, Center for Reproductive Law and Policy, Planned Parenthood, Gloria Feldt, Clayton Waagner, National Abortion Federation, Vicki Saporta
Timeline Tags: US Health Care, US Domestic Terrorism
The violent anti-abortion group known as the Army of God (AOG—see 1982) praises the Saudi Arabian government for publicly beheading three citizens accused of being gay. The US government has long suspected that the AOG has broadened its focus to oppose homosexuality as well as abortion. [Extremist Groups: Information for Students, 1/1/2006] AOG chaplain Michael Bray (see September 1994) posts a message on the AOG Web site proclaiming, “Let us give thanks” for the executions. Surina Khan of the International Gay and Lesbian Human Rights Commission says: “This is really chilling. It really disturbs me, in terms of the rhetoric and what effect it has.” AOG is proclaiming its solidarity with Muslim extremists over their opposition to gay rights in their countries, posted anti-gay stories on its Web site, and publicly praised the fake anthrax attacks against abortion clinics (see 1997-December 2001). Bray writes: “While the Christians among us westerners would decline to emulate our Muslim friends in many ways… we can appreciate the justice they advocate regarding sodomy. Might these fellows also consider an embryonic jihad? Let us welcome these tools of purification. Open the borders! Bring in some agents of cleansing.… In the meantime,” he concludes, “let us pray for justice: viz., that the heads of adulterers, sodomites, murderers, child murderers [abortionists], witches, traitors, and kidnappers roll.” Lorri Jean of the National Gay and Lesbian Task Force tells a reporter: “I think this is a blatant call for people to murder gays and lesbians, among others. It’s the logical extension of radical fundamentalism and religious intolerance.” Khan notes: “I think that any alliance they may be building with fundamentalist Muslims is alarming. And this may be just the beginning.” Chip Berlet of the firm Political Research Associates says: “One has to appreciate the cosmic irony here. They can side with a religion they don’t approve of against a scapegoat they both loathe and demonize.” He adds, “Within the Christian Right, there is a distinction between the reformists and those who want insurgency.” Violent extremist groups such as AOG, he says, see before them a “three-headed monster—of liberalism, feminism [which includes abortion], and the gay and lesbian civil rights movement. And the monster doesn’t die unless you cut off all three.” [Salon, 2/19/2002]
For 13 years, Texas Republicans have complained that Texas Democrats have “gerrymandered” the state’s electoral district to give Democrats an undue representation in the state’s US House delegation (see 1990 - 1991 and 2000-2002). Now, with Republicans in control of both houses of the state legislature, they decide to redistrict the state to favor Republican representation in Congress. In 2002, Democrats hold a 17-15 edge in US Representatives. The decision is unusual inasmuch as states usually only redraw their district boundaries once a decade, in concurrence with the federal census. Democrats wage a bitter battle against the Republican redistricting efforts, even fleeing the state for a time to prevent the legislature from reaching a quorum (see May 12-15, 2003), but Republicans, led by House Majority Leader Tom DeLay (R-TX), eventually win out, and the Texas legislature enacts a new redistricting plan, Plan 1347C, that concentrates large numbers of Democrats, including minority voters, in a relatively small number of districts and gives Republicans a majority of prospective voters in a much larger number of more sparsely populated districts. In the November 2004 elections, the plan works as envisioned: Republicans have a 21-11 majority in the US Congressional delegation, and obtain a 58 percent to 41 percent edge in statewide voting results. Even before the elections, a number of organizations and individuals file a lawsuit challenging the legality of the redistricting map under the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989), charging that the plan unlawfully dilutes racial minority voting strength and is designed to maximize partisan advantage at the voting booths, in essence gerrymandering the state’s electoral districts. A district court finds the redistricting plan is essentially legal, but the Supreme Court vacates that decision and remands the case for reconsideration; the court again finds in favor of the plaintiffs, affirming the map as lawful. [Austin American-Statesman, 5/14/2003; Washington Post, 12/2/2005; FindLaw, 6/28/2006; Oyez (.org), 2012] That decision will be substantially affirmed by the Supreme Court (see June 28, 2006). DeLay says that President Bush, the former governor of Texas, is squarely behind the redistricting efforts. After a Congressional leadership breakfast in May 2003, DeLay says he spoke briefly with Bush: “As I was walking out, I said, you know, that redistricting is ongoing. And he said, ‘Well, good, I’d like to see that happen.’” [Dallas Morning News, 5/14/2003] During the battle over the redistricting, Texas Democrats insist that the new districts will not only illegally protect Republican majorities, but will dilute the impact of votes from outside cities and suburban areas. US Representative Max Sandlin (D-TX) tells a reporter: “This plan doesn’t just destroy Democratic representation… it destroys rural representation. East Texas has had tremendous battles with Dallas over water rights. It is absolutely ridiculous to have a Dallas Congress member represent East Texans concerning water rights. And you can go issue by issue.” Republicans from rural districts say they have no such worries. [Austin American-Statesman, 5/14/2003]
The American branch of the animal rights organization Stop Huntingdon Animal Cruelty (SHAC—see 1998), flush with its recent success against Stephens Inc (see 2001-2002), begins targeting other US companies that do business with the British research firm Huntingdon Life Sciences (HLS). The SHAC Web site explains, “Rather than protesting [HLS] itself, the SHAC campaign targets secondary targets—those companies that HLS needs so desperately to operate, but that don’t need HLS or the pressure that comes with doing business with them.” SHAC focuses on Marsh Inc, the firm that insures HLS. A February 2002 email to US SHAC members notes that British SHAC members have aggressively targeted Marsh, and reads in part, “Let’s show them that the US is no different and let Marsh know that… we are about to raise the premium on pain.” The email contains a list of March offices, phone and fax numbers, and email and home addresses of employees. The Web site provides maps to Marsh’s 60 American offices, along with a statement announcing that by “hitting” Marsh the group hopes to “attack HLS in a way they could never have predicted nor defend themselves against.” Soon thereafter, Marsh employees are harassed. One receives a letter saying: “You have been targeted for terrorist attack.… If you bail out now, you, your business, and your family will be spared great hassle and humility.” A Marsh executive’s home is doused with red paint. Another executive’s home is emblazoned with the slogans “Puppy Killer” and “We’ll Be Back.” In April 2002, SHAC activists escalate their activities, with a number of them gathering at a Marsh employee’s home in Boston, chanting, “[W]hat comes around goes around… burn his house to the ground,” while a message on the group’s Web site calls the employee, his wife, and two-year-old son “scum.” Twelve SHAC activists are arrested and charged with a variety of crimes, including extortion, stalking, threatening, and conspiracy (all charges will eventually be dropped). In July 2002, SHAC activists smoke-bomb two Seattle high-rises housing Marsh offices, forcing their evacuation. By the end of the year, Marsh drops HLS as a client, and SHAC proclaims victory; on its Web site, SHAC credits “those who smashed windows” as well as “those who held vocal protests outside Marsh offices and homes of executives.… No lawsuit, private investigator, or criminal prosecution prevented this victory. Until HLS is closed we will not apologize, we will not compromise, and we will not relent.” Later, other companies will also stop doing business with HLS after being pressured by SHAC. [Southern Poverty Law Center, 9/2002; Anti-Defamation League, 2005]
The US Senate refuses to pass an amendment to the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989) that would restore voting rights to convicted felons who have completed their sentences throughout the nation. The amendment was strongly opposed by senators from former Confederate states, who voted 18-4 against the measure, and the amendment fails on a floor vote, 63-31. [US Senate, 2/14/2002 ; ProCon, 10/19/2010]
After years of battling Republican filibuster efforts and other Congressional impediments, the Bipartisan Campaign Reform Act of 2002 is signed into law. Dubbed the “McCain-Feingold Act” after its two Senate sponsors, John McCain (R-AZ) and Russ Feingold (D-WI), when the law takes effect after the 2002 midterm elections, national political parties will no longer be allowed to raise so-called “soft money” (unregulated contributions) from wealthy donors. The legislation also raises “hard money” (federal money) limits, and tries, with limited success, to eliminate so-called “issue advertising,” where organizations not directly affiliated with a candidate run “issues ads” that promote or attack specific candidates. The act defines political advertising as “electioneering communication,” and prohibits advertising paid for by corporations or by an “unincorporated entity” funded by corporations or labor unions (with exceptions—see June 25, 2007). To a lesser extent, the BCRA also applies to state elections. In large part, it supplants the Federal Election Campaign Act (FECA—see February 7, 1972, 1974, May 11, 1976, and January 8, 1980). [Federal Election Commission, 2002; Center for Responsive Politics, 2002 ; Connecticut Network, 2006 ]
Bush: Bill 'Far from Perfect' - Calling the bill “far from perfect,” President Bush signs it into law, taking credit for the bill’s restrictions on “soft money,” which the White House and Congressional Republicans had long opposed. Bush says: “This legislation is the culmination of more than six years of debate among a vast array of legislators, citizens, and groups. Accordingly, it does not represent the full ideals of any one point of view. But it does represent progress in this often-contentious area of public policy debate. Taken as a whole, this bill improves the current system of financing for federal campaigns, and therefore I have signed it into law.” [Center for Responsive Politics, 2002 ; White House, 3/27/2002]
'Soft Money' Ban - The ban on so-called “soft money,” or “nonfederal contributions,” affects contributions given to political parties for purposes other than supporting specific candidates for federal office (“hard money”). In theory, soft money contributions can be used for purposes such as party building, voter outreach, and other activities. Corporations and labor unions are prohibited from giving money directly to candidates for federal office, but they can give soft money to parties. Via legal loopholes and other, sometimes questionable, methodologies, soft money contributions can be used for television ads in support of (or opposition to) a candidate, making the two kinds of monies almost indistinguishable. The BCRA bans soft money contributions to political parties. National parties are prohibited from soliciting, receiving, directing, transferring, and spending soft money. State and local parties can no longer spend soft money for any advertisements or other voter communications that identify a candidate for federal office and either promote or attack that candidate. Federal officeholders and candidates cannot solicit, receive, direct, transfer, or spend soft money in connection with any election. State officeholders and candidates cannot spend soft money on any sort of communication that identifies a candidate for federal office and either promotes or attacks that candidate. [Legal Information Institute, 12/2003; ThisNation, 2012]
Defining 'Issue Advertisements' or 'Electioneering Communications' - In a subject related to the soft money section, the BCRA addresses so-called “issue advertisements” sponsored by outside, third-party organizations and individuals—in other words, ads by people or organizations who are not candidates or campaign organizations. The BCRA defines an “issue ad,” or as the legislation calls it, “electioneering communication,” as one that is disseminated by cable, broadcast, or satellite; refers to a candidate for federal office; is disseminated in a particular time period before an election; and is targeted towards a relevant electorate with the exception of presidential or vice-presidential ads. The legislation anticipates that this definition might be overturned by a court, and provides the following “backup” definition: any broadcast, cable, or satellite communication which promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate).
Corporation and Labor Union Restrictions - The BCRA prohibits corporations and labor unions from using monies from their general treasuries for political communications. If these organizations wish to participate in a political process, they can form a PAC and allocate specific funds to that group. PAC expenditures are not limited.
Nonprofit Corporations - The BCRA provides an exception to the above for “nonprofit corporations,” allowing them to fund electioneering activities and communications from their general treasuries. These nonprofits are subject to disclosure requirements, and may not receive donations from corporations or labor unions.
Disclosure and Coordination Restrictions - This part of the BCRA amends the sections of FECA that addresses disclosure and “coordinated expenditure” issues—the idea that “independent” organizations such as PACs could coordinate their electioneering communications with those of the campaign it supports. It includes the so-called “millionaire provisions” that allow candidates to raise funds through increased contribution limits if their opponent’s self-financed personal campaign contributions exceed a certain amount.
Broadcast Restrictions - The BCRA establishes requirements for television broadcasts. All political advertisements must identify their sponsor. It also modifies an earlier law requiring broadcast stations to sell airtime at its lowest prices. Broadcast licensees must collect and disclose records of purchases made for the purpose of political advertisements.
Increased Contribution Limits - The BCRA increases contribution limits. It also bans contributions from minors, with the idea that parents would use their children as unwitting and unlawful conduits to avoid contribution limits.
Lawsuits Challenge Constitutionality - The same day that Bush signs the law into effect, Senator Mitch McConnell (R-KY) and the National Rifle Association (NRA) file lawsuits challenging the constitutionality of the BCRA (see December 10, 2003). [Legal Information Institute, 12/2003]
Pim Fortuyn. [Source: GlamBoy69 (.com)]Dutch animal rights activist Volkert van der Graaf guns down Pim Fortuyn, a right-wing anti-immigration candidate for prime minister of the Netherlands, outside a radio station in Hilversum. Van der Graaf, the founder of Zeeland’s Animal Liberation Front (ALF) chapter before he moved on to found Milieu Offensief (Environment Offensive), had spent most of his activism filing lawsuits against large farming interests. A Milieu Offensief spokesman tells a reporter, “His weapon was the law.” Some officials believe that van der Graaf had become increasingly frustrated with his failures to effect change through legal avenues; documents found in his home indicate that he has connections to a recent outbreak of “release attacks” on a mink factory and a poultry farm, and has the floor plans of three of Fortuyn’s fellow List Party candidates for Parliament, apparently as part of further assassination plots. Fortuyn’s death at the hands of an “ecoterrorist” sets off a wave of angry editorials in European newspapers, most of which have been warning of such violence for years. Van der Graaf may have been unaware that Fortuyn was a dog lover whose environmental views were more moderate than his immigration stance; he was almost certainly aware of Fortuyn telling an activist, “I’m sick to death of your environmental movement.” [Southern Poverty Law Center, 9/2002]
A federal appeals court in San Francisco rules that anti-abortion organizations who engage in the practice of distributing posters targeting abortion providers (see 1995 and After) are illegally threatening the lives and well-being of the people they are targeting. The 6-5 verdict also rules that Web sites such as The Nuremberg Files (see January 1997), which list doctors’ names and addresses and “lines out” the names of those doctors who are murdered, also threaten the lives of the named doctors. The defendants unsuccessfully claimed they were engaging in constitutionally protected political advocacy; the plaintiffs—four doctors and two health clinics—argued that the speech in question encouraged violence against abortion providers. The verdict overturns a previous three-judge ruling by the same court and reinstates a $109 million award for the plaintiffs. Writing for the majority, Judge Pamela Ann Rymer states: “While advocating violence is protected, threatening a person with violence is not.… This is not political hyperbole. They were a true threat.” Maria Vullo, a lawyer for the plaintiffs, says the essence of the decision is rejection of threatening speech. Of the “political advocacy” practiced by the defendants, Vullo says, “It’s really terrorism.” Christopher Ferrara, a lawyer for the defendants, says his clients will appeal the decision to the Supreme Court. “This is a threat case without any identifiable threat,” he says. “We’re found liable for the format we chose.” [New York Times, 5/17/2002] In spite of the verdict, the practice will continue (see January - April 2003, Fall 2009, and September 13, 2010).
Earth First! (see 1980 and After) activists Judi Bari and Darryl Cheney are acquitted of charges resulting from a pipe-bomb detonation in Bari’s Subaru station wagon. Bari and Cheney were driving to an Earth First! rally in 1990 when the pipe bomb exploded in Bari’s car. FBI agents charged them with conspiring to plant the bomb, but Bari and Cheney consistently denied any such plans or any knowledge of the bomb, saying they had been falsely painted as “ecoterrorists” (see 1970s) and in fact had been the targets of an assassination attempt. The jury finds that FBI and other law enforcement agents violated their civil rights, and frees them. [Southern Poverty Law Center, 9/2002]
Dr. Michael Podell, a medical researcher with Ohio State University, gives up his tenured position and a $1.7 million research project after being targeted for harassment by activists with the animal rights group People for the Ethical Treatment of Animals (PETA). Podell used cats in his research, which focused on why drug users succumb more quickly to AIDS. After PETA put Podell on its “action alert” list, PETA activists sent Podell almost a dozen death threats, including a photograph of a British scientist whose car had been bombed with the words, “You’re next,” scrawled across the top. [Southern Poverty Law Center, 9/2002]
After nearly two years of legal wrangling, the Bush administration releases financial and other records from the November-December 2000 campaign to the Internal Revenue Service. Those records include hundreds of pages of documents regarding the Bush campaign’s efforts to win the Florida recounts (see 9:00 a.m. and after, November 22, 2000). The George W. Bush recount committee spent $13.8 million on its efforts to influence the recount, while long-available documents from the Al Gore recount operation show that Gore spent about a quarter of that amount, $3.2 million. The Bush campaign spent more than that on lawyers—$4.4 million. The Bush records document some 250 paid staffers, payouts of $1.2 million to fly operatives to and from Florida, and about $1 million in hotel bills. Additionally, a fleet of corporate jets was provided to the recount operation, many of them paid for by Enron Corporation and its CEO Kenneth Lay, a prominent Bush backer. Other jets were provided by Halliburton, where Vice President Dick Cheney had served as chairman and CEO. [Consortium News, 8/5/2002]
Activists with the Earth Liberation Front (ELF—see 1997) claim responsibility for an arson attack on a US Forest Service research facility in Irvine, Pennsylvania, that causes over $700,000 in damages. ELF issues a statement suggesting that it is willing to take even more drastic measures to force the US government to stop its depredations against the environment. The statement says, “While innocent life will never be harmed in any action we undertake, where it is necessary, we will no longer hesitate to pick up the gun to implement justice, and provide the needed protection for our planet that decades of legal battles, pleading, protest, and economic sabotage have failed so drastically to achieve.” [Anti-Defamation League, 2005; Anarchist News, 9/11/2008]
The state of Florida settles a voter discrimination suit filed by the National Association for the Advancement of Colored People (NAACP) in the wake of allegations of massive and widespread discrimination during the November 2000 elections (see November 7, 2000 and April 24, 2001). The class-action suit charged Database Technologies (DBT), a private firm hired by the Florida government, and Florida Secretary of State Katherine Harris with deliberately attempting to disenfranchise black voters. Florida agrees to provisions that nominally settle the problem, but by 2004 will have implemented virtually none of the corrective procedures mandated by the settlement. Miami-Dade, Broward, Leon, Volusia, and Duval Counties settled earlier rather than face trial. [Center for American Progress, 12/9/2010]
Democratic Socialists of America logo. [Source: Social Democrats]The Drudge Report and other media sources falsely accuse the Democratic Socialists of America (DSA), a leftist political organization in New York, of “sending people to MN to illegally vote for [Senator Paul] Wellstone.” Wellstone, a Democrat, is running for re-election as senator for Minnesota. Drudge’s headline links to a fundraising appeal from the DSA that asks for donations to send students to help register voters in Minnesota. The Drudge Report is one of the most popular news sites on the Internet, receiving over 100 million visits in the last month. The appeal reads in part: “DSA’s national electoral project this year is the Minnesota Senate Election. Together with YDS, DSA’s Youth Section, we are mobilizing to bring young people to Minnesota. Minnesota is one of the few states that allow same day voter registration. We will therefore focus our energy on registering young people. Wellstone will need a high percentage of young people to register and vote for him if he is to stave off the campaign that Bush, the Republicans, and the Greens are waging against him. He is the Right’s Number One electoral target. Because we are focusing on issue based voter registration this electoral work can be supported by tax-deductible contributions. The DSA FUND is soliciting tax-deductible contributions to support this project. Contributions are needed to underwrite the costs of transportation as well as providing a stipend for expenses; housing is being donated.” The appeal states that the DSA wants to send students to register voters, a perfectly legal activity, though Spinsanity’s Bryan Keefer notes that the appeal is somewhat confusing in its wording. [Spinsanity, 10/16/2002; Spinsanity, 10/18/2002] The Minneapolis Star-Tribune reports: “Minnesota, which always ranks high in voter turnout, generally is considered one of the easiest states in which to vote. Voters must reside in the state for at least 20 days before the election, a deadline that passed on the day the league issued its press release. If not preregistered, qualified people can vote if they show proof of their residency at the polling place or have a registered voter from that precinct vouch for their residency.” [Minneapolis Star-Tribune, 10/17/2002]
October 14 - The controversy begins with a press release from the Taxpayers League of Minnesota (TLM), a conservative advocacy group, that attacks the DSA’s voter registration effort as “one of the most transparent attempts to steal an election since the Daley machine ran Chicago politics.” The release mischaracterizes the DSA’s appeal as supposedly announcing the DSA’s intention to bring “ringers” in to Minnesota to vote, stating, “This is a transparent attempt to steal this election by using Minnesota’s liberal election laws to register out-of-state students to vote for Wellstone.”
October 15 - The DSA rewrites its appeal to read, “We will therefore focus our energy on registering young Minnesotans.”
October 16 - Matt Drudge puts a link to the DSA appeal on the top of his Web site, the Drudge Report, with the headline, “Socialists Sending People to MN to illegally vote for Wellstone.” Talk show host Rush Limbaugh tells his listeners: “[DSA has] been caught. ‘We are mobilizing to bring young people to Minnesota’ is what it says on the Web site. It doesn’t say ‘We are mobilizing to bring out the young people who live in Minnesota to vote,’ it doesn’t say that.… And then it says: ‘By the way, did you know Minnesota is one of the few states that allows same-day voter registration? You can go in there and register and vote and split the same day, you can go home, you don’t even have to spend the night in Minnesota and freeze if you don’t want to, you can go in there and vote and leave.’” Fox News anchor Brit Hume repeats the accusation this evening, telling viewers, “The Democratic Socialists of America, which bill themselves as the largest socialist organization in the country, is raising tax-deductible money to send young people to the state of Minnesota, where they can take advantage of same-day registration to vote for the liberal incumbent Paul Wellstone.” The DSA removes the appeal from its Web site, saying that it has received enough donations and its donation system was being abused. Keefer writes: “Criminal allegations are [a] serious matter. Drudge’s casual assertions of illegal activity are wildly irresponsible, especially since they are directly contradicted by the story itself. One would think he would at least read the stories he links to carefully before summarizing them with such potentially libelous accusations.” [Spinsanity, 10/16/2002; Spinsanity, 10/18/2002]
October 17 - A Manchester Union-Leader editorial claims, “The Democratic Socialists of America, otherwise known simply as socialists, have organized a campaign to steal the US Senate election in Minnesota.” David Strom, the head of the Taxpayers League, tries to back away from the controversy, saying: “My tongue was placed firmly in my cheek. There are so few socialists left that they could meet in a phone booth.” Strom adds that “even if they themselves [the DSA] are not plotting some grand voter fraud,” the TLM merely wishes to demonstrate that the “laws that we have make it easy to commit fraud.” (The Star-Tribune notes that Strom’s organization is “funded largely by donors to conservative Republican candidates and causes.”) DSA national director Frank Llewellyn says that the TLM’s characterization of the DSA’s voter-registration efforts constitutes a “new sophisticated form of red-baiting.” Llewellyn says his group plans to send between 10 and 20 people to Minnesota to help organize support for Wellstone, and that no one from the DSA will actually try to vote. Wellstone’s campaign issues a statement saying it knows nothing about the group and does not approve of any attempts to register illegally. It also deplores the success of the TLM in ginning up a controversy where none exists, citing extensive coverage on local radio talk shows. [Minneapolis Star-Tribune, 10/17/2002; Spinsanity, 10/18/2002]
October 18 - The Wall Street Journal joins the fray, claiming in an editorial, “The Democratic Socialists of America recently posted an ad on their Web site inviting tax-deductible contributions to ‘bring young people to Minnesota’ to vote in the close US Senate race there.” Unlike Limbaugh and Hume, the Journal provides more information about the claim, quoting Minnesota Secretary of State Mary Kiffmeyer about the concerns over voter fraud, and labeling the DSA ad “clear… advocacy.” The same day, Kiffmeyer’s office affirms that the DSA’s plans to bring in out-of-state students to register Minnesota voters is legal, but the organization needs to ensure that it does not cross the line into advocacy. Keefer writes: “While it is legitimate to ask whether the DSA’s advertisement constituted illegal advocacy, the ad was clearly intended to promote the registration of young voters likely to vote for Democratic Senator Paul Wellstone, which is perfectly legal. Even the loose wording of the original statement does not excuse the false reports of planned voter fraud propagated by Drudge, Limbaugh, Hume, and others.” [Spinsanity, 10/16/2002; Spinsanity, 10/18/2002]
'Smear' - In 2003, liberal author and columnist Eric Alterman will write that “Drudge and Limbaugh combined, together with Brit Hume of Fox News and the Wall Street Journal editorial page, to effect a smear against the Democratic Socialists of America (DSA), and by extension, the late Senator Wellstone’s re-election campaign.” (Wellstone will die in a plane crash on October 25.) Alterman will write that the incident contains “all the trademarks of the conservative echo-chamber effect, including unproven innuendo, inaccuracy, repeated cavalier use of unchecked facts, all in the service of a clear political/ideological goal.” [New York Times, 10/25/2002; Alterman, 2003, pp. 79-80]
Entity Tags: Paul Wellstone, Rush Limbaugh, Wall Street Journal, Minneapolis Star-Tribune, Matt Drudge, Taxpayers League of Minnesota, Manchester Union-Leader, Brit Hume, Mary Kiffmeyer, Bryan Keefer, Democratic Socialists of America, David Strom, Frank Llewellyn, Eric Alterman, Drudge Report
Timeline Tags: Civil Liberties
Governor Scott McCallum (R-WI), locked in a tight race with challenger Jim Doyle (D-WI), begins airing ads accusing Doyle, Wisconsin’s attorney general, of “bribing the mentally ill for votes.” McCallum’s ads accuse Doyle of being involved in an alleged vote-buying scheme, where a Democratic campaign volunteer at a Kenosha residential home, Frank Santapoalo, supposedly plied mentally challenged residents with bingo games, refreshments (soda and “kringle,” a type of pastry), and small cash prizes in return for their votes on absentee ballots. The ads call Doyle “crooked” and accuse the Doyle campaign of “vote-buying.” The McCallum campaign calls the allegations “Bingo-Gate,” and is joined in the allegations by state Republican chairman Rick Graber. An October 22 story by a reporter for WTMJ-TV in Milwaukee claims at least two residents of the home cast absentee ballots, and one of those two voters may have been a convicted felon (that allegation is soon withdrawn by WTMJ; there is a convicted felon living at the home, but that person did not fill out a ballot). Wisconsin law prohibits anyone from giving a voter anything worth more than $1 in value to influence their vote; according to WTMJ, the residents won an average of 75 cents in quarters as well as soda and pastries, ramping the value of their “gifts” to over the $1 limit. Video shot by WTMJ shows the home’s activity director, Tammy Nerling, telling the residents that there are absentee ballots upstairs in the home if they are interested in voting. The video also shows Santapoalo wearing a Doyle campaign sticker on his clothing. And a Democratic party worker, Angela Arrington, invited by Doyle to talk to the residents about absentee voting, is shown leaving the premises upon seeing the cameras on site. No one is seen on the videotape soliciting votes in return for money or sodas; moreover, the sodas were provided by the home, Nerling says, and not Santapoalo. Graber says: “They gave them quarters, they gave them food, and they gave them drink. [State law] says very clearly you can’t give them something of value in exchange for votes.” State Democratic Party spokesman Thad Nation says, “We haven’t seen any evidence that anything illegal was done.” Santapoalo and Nerling both say they do not recall anyone filling out ballots after the bingo game. Kenosha City Clerk Jean Morgan says that of the 33 absentee ballot forms taken to the home, about half have been returned. The ballots are not dated, she says, making it impossible to ascertain when they were completed. The residence orders absentee ballots for every election, she says. The owner of the residential home, Lee Hamdia, says no votes were bought at the bingo party, and calls reports to the contrary “misinformation and gross distortions.” Hamdia says that the two residents did cast ballots the same day as the bingo game, but were not induced to vote by the bingo game nor by any visitor to the home. The residents have denied having any “political discussion[s]” of any kind in their conversations with the volunteer. [Capital Times, 10/24/2002; Milwaukee Journal-Sentinel, 10/24/2002; Capital Times, 10/31/2002; Milwaukee Journal-Sentinel, 10/31/2002] Nerling says bingo games with small prizes are a staple of residence life, taking place several times a week, and often sponsored by outside groups, including political organizations of all persuasions. Santapoalo says he has a relative living at the home, and has been visiting there for about 12 years. Nerling and admissions director Trish O’Dell say the residents have the mental capacity to cast votes, and some of them have long-standing affiliations with political parties. [Milwaukee Journal-Sentinel, 10/24/2002]
'Character Assassination' - Three former Wisconsin governors, Tony Earl, Martin Schreiber, and Gaylord Nelson, issue a joint statement calling the ads “character assassination”; Representative David Obey (D-WI) compares McCallum’s campaign tactics with the tactics of the late Senator Joe McCarthy (R-WI) and calls the ads “despicable.” After the criticism is joined by negative observations in the national press, McCallum’s campaign begins airing “softer” versions of the ads that replace the characterization of “crooked” with the accusation that Doyle’s purported vote-buying “shames us.” The ads also continue alleging that a felon cast a vote at the home, even though Morgan says that is not the case, and continue alleging that Doyle was “caught bribing the mentally ill for votes” and “votes were bought,” charges that are not substantiated by evidence. Doyle’s campaign says McCallum toned down the ads because they were caught “red-handed” making false charges; the Doyle campaign says that the new versions of the McCallum ads are also false. McCallum’s campaign manager denies that the ads were toned down because of criticism over the earlier television ads, and McCallum says Doyle and his supporters are attacking the credibility of the allegations because “there isn’t a defense for what [Doyle has] done.… The issue is what they did to disenfranchise voters, every voter in Wisconsin. Jim Doyle ought to apologize for the national shame he has brought on the state of Wisconsin.” Wisconsin Republicans say they intend to ask for a federal investigation of the bingo party, a request that state Democrats call a “political stunt.” A state prosecutor is investigating the claims. Political science professor Ken Goldstein says: “I’ve watched a lot of ads. This one, unless I see a lot of good evidence from McCallum’s folks, is over the line.”
Attempt to Lower Voter Turnout? - Another political science professor, David Littig, says the ads are designed for undecided voters, using unsupported emotional appeals to either persuade them to vote for McCallum or to stay home and not vote for Doyle. “The whole tone of the [McCallum] campaign has been to suppress the turnout,” Littig says. Doyle agrees, saying: “If people vote I’m going to win this election easily. McCallum is playing a cynical game right now. He’s trying to do everything he can to keep people from going to the polls.” Former Senate candidate Ed Garvey (D-WI), who narrowly lost an election when his opponent leveled false charges that he stole $750,000 of union money, says of the McCallum campaign: “They must be completely worried that this thing is falling apart. If you are doing well, you don’t call the other guy a crook.” [Capital Times, 10/31/2002; Milwaukee Journal-Sentinel, 10/31/2002]
No Charges Filed - Two days later, the special prosecutor investigating the case refuses to file charges, saying no evidence exists of any wrongdoing (see November 2, 2002). McCallum will lose the election to Doyle. The New York Times will call the entire campaign as conducted by both parties highly negative, and will say that McCallum’s attempts to accuse Doyle of voter fraud and other allegations “appeared to backfire” with voters. [New York Times, 11/7/2002]
Entity Tags: Lee Hamdia, James E. (“Jim”) Doyle, Gaylord Nelson, Frank Santapoalo, Ed Garvey, David Littig, Angela Arrington, Ken Goldstein, Jean Morgan, Wisconsin Republican Party, Tony Earl, WTMJ-TV, Trish O’Dell, Tammy Nerling, Thad Nation, New York Times, Martin Schreiber, Rick Graber, Scott McCallum
Timeline Tags: Civil Liberties
A special prosecutor says he will not file charges in the alleged “voter fraud” by a Democratic gubernatorial candidate in Wisconsin. Governor Scott McCallum (R-WI) charged his opponent, Attorney General Jim Doyle (D-WI), with buying votes from the residents of a home for the mentally challenged in Kenosha (see October 22-31, 2002). Special prosecutor Ted Kmiec says no charges will be filed because he cannot prove beyond a reasonable doubt that any violations of state election law occurred. The residents did receive “gifts” in the aftermath of bingo games, Kmiec says—typically less than $2 in quarters and soda—but no evidence exists that votes were solicited for those gifts, no evidence of any political discussions from the Doyle volunteer hosting the games exists, and no one handed out campaign materials. The volunteer who hosted the games has been visiting the residential facility for at least 12 years, and has a family member staying there. Everyone who did cast an absentee ballot at the residence is an eligible voter, Kmiec adds. Doyle lambasts McCallum for issuing the charges and for running a spate of television ads accusing Doyle of being “crooked” and of “bribing the mentally ill for votes.” He demands an apology from McCallum and for the state news media to set the record straight. “This is a clean bill of health for my campaign and an indictment of Scott McCallum’s campaign of distortion and character assassination,” Doyle says in a statement. “No one was bribed. No one’s vote was influenced. Nothing improper took place. My campaign and I have been falsely accused.” For his part, McCallum and his campaign claim the investigation by Kmiec was tainted, because Kmiec was appointed by Kenosha County District Attorney Robert Jambois, a Doyle supporter. The McCallum campaign charges Kmiec with “a clear conflict of interest.” State Republican chairman Rick Graber says regardless of Kmiec’s findings, he still believes Doyle committed “voter fraud.” Graber says the Wisconsin Republican Party will continue with the allegations until the election on November 4. Doyle campaign director Bill Christofferson says that he now believes the reporter who made the initial allegations, WTMJ-TV’s Scott Friedman, himself asked the residence’s activities director, Tammy Nerling, to encourage residents to fill out absentee ballots. Nerling says Friedman asked her if his crew could film the residents voting, a request Christofferson says is “fishy” in retrospect. WTMJ says any allegations of complicity between Friedman and the McCallum campaign, or any suggestions that Friedman tried to encourage illicit voting behavior, are “outrageous.” [Milwaukee Journal-Sentinel, 11/2/2002]
Two Tucson, Arizona, residents, David Vigil and his wife Whitney Starr, are arrested for filing false liens against local officials in Oro Valley. Vigil and Starr describe themselves as “Freemen,” though it is not clear that they are affiliated to the Montana Freemen (see 1993-1994 and March 16, 1999). They used Freemen-like legal tactics against local officials when those officials cited a relative of theirs for driving without a license and registration; in retaliation, Vigil and Starr filed false liens against the officials’ property. John Evans of the Arizona Attorney General’s Office says, “That ended up with these people assisting and filing enormous liens against police officers, most of the Oro Valley City Council, [and] the Mayor, alleging that they owed the Starrs millions of dollars.” The liens were eventually dismissed. Authorities believe Vigil and Starr may be part of a larger group. [KOLD-TV, 11/7/2002]
The World Church of the Creator (WCOTC—see May 1996 and After) announces that it is moving its headquarters to the small town of Riverton, Wyoming. Many residents and local organizations speak out against the virulently racist and white supremacist “church,” pointing to its pride in its Native American heritage. Thomas Kroenke, the “hastus primus” of the WCOTC, tells a reporter that if his organization had its way: “Well, you wouldn’t have anything, any races, except white races here. That’d be the only real difference—it would just be an all-white community.” Kroenke has lived in Riverton for two years after taking a job as a case worker at the nearby state prison farm; Kroenke lost the position after being named to a leadership position in the WCOTC. Kroenke describes himself as racist, saying: “And what I mean by that is, I felt an affinity for my own race, and a disaffinity… for all the other races. We are for the survival, preservation, and expansion of the white race.” Kroenke is the de facto leader of the organization, as church leader Matthew Hale is in jail for conspiring to kill a federal judge (see January 9, 2003). Fred Baehr, a painting contractor who lives in nearby Lander, says of the WCOTC: “We do not have a right to go and lynch them—we just don’t. But we do have a right to perhaps make them a little less comfortable. And frankly, when it comes to Nazis, I’m a little less concerned with their rights than I am with the rights of, shall I just say, decent people.” Tim Thorson of the Riverton Chamber of Commerce says the move has forced residents to examine their town’s own legacy of intolerance: “There was a time when businesses had signs in their stores saying ‘no Indians.’ That happened here.… Our focus is on trying to let the people that live here know that this is a safe place to be. And give them good reason to feel safe.” [Associated Press, 12/10/2002; National Public Radio, 2/10/2003]
Mark Barnett in 2009. [Source: Keloland TV (.com)]Mark Barnett, the attorney general of South Dakota, says that Republican allegations of voter fraud in the recent election of Senator Tim Johnson (D-SD) over challenger John Thune (R-SD) are baseless. Barnett is a Republican. Republican National Committee (RNC) officials have turned over 50 affidavits to Barnett’s office, alleging an array of crimes and improprieties. Barnett says only one allegation merits any further inquiry. “Many of the things alleged simply are not crimes,” Barnett says. “Those affidavits simply do not give me cause to think there was an election rip-off.” RNC officials secured affidavits from Republican poll watchers after Johnson’s 524-vote victory over Thune, and gave the affidavits to South Dakota prosecutors in late November. Barnett intends to investigate claims that voters were offered cash to vote. “It’s the two or three affidavits out of 50 that really jumped out and grabbed me as something I need to follow up on,” he says. “I don’t express any opinion on whether those affidavits are true or can be proved. We’re going to have those interviews done.” The “cash for votes” allegation was made in three of the 50 affidavits. One affidavit features a witness claiming she was offered money to vote, and two are from people who say they overheard voters being offered money. The other affidavits allege crimes or improprieties where there were none. “Realistically, many of the things set out in those affidavits are not crimes,” Barnett says. “They are what I would call local election-board management problems. A fair number could be read as complaints about how effective the Democratic get-out-the-vote effort was. They had people watching, then jumping on the phone to one of their drivers.” Even if all of the allegations were true, Barnett says, the results of the election would not change. The RNC says after Barnett’s statement: “The information that the attorney general reviewed is only one area of the problems reported with the election. This is not just about criminal activity but about how the people of South Dakota carry out their elections. They will have to decide at both the local level and the State Legislature whether changes need to be made to the system.” A spokesperson for Johnson says Thune could stop all of the dissension and allegations if he would speak out against them. Thune is referring all questions about the election to the RNC. Some of the unfounded allegations include: poll workers offering variants of names to voters until a match could be found in voting records; stickers being placed over votes for Thune on ballots to fool voting machines into not counting the votes; and what the Rapid City Journal characterizes as “a high degree of coordination between poll workers in some precincts and workers for the Democratic Party.” Barnett is particularly irritated by Republican complaints that Democrats forced polls in some counties to stay open too long. Some county polls stayed open until 8 p.m. Central Standard Time; because the counties in question are in the Mountain time zone, they were required by law to stay open until 7 p.m. Mountain, which is 8 p.m. Central. “Saying the polls were open too long is not an accurate way to describe it. It was opened too early,” Barnett says. “Several affidavits assume that Democratic operatives are the ones who made it stay open. That’s not accurate. It was Republican officials who made the decision, myself among them.… If you screw up and open at 6, you don’t fix a morning screw-up by doing an evening screw-up. If a voter had walked up to a polling place at 6:30 p.m. and found a padlocked door, we would have had the clearest case of a voter-rights violation that I ever heard of. If statute says you’re open until 7, you’re open until 7.” Barnett says many of the complaints were of the effective Democratic efforts of getting voters to the polls in vans, and of Democrats working on those efforts inside polling places. These are extraordinarily low-level infractions, Barnett says, and are routinely committed by workers of both parties in every election. The RNC has refused to provide copies of the allegations to local reporters [Rapid City Journal, 12/10/2002] but will provide them to Byron York, a reporter for the conservative National Review. York will write an article alleging “massive voter fraud” based on the affidavits (see December 19, 2002). Three days later, Barnett will report that the allegations of “vote buying” are groundless. One of the witnesses on the three affidavits could not be located. The second said his signature had been forged on the affidavit. The third said she signed the affidavit after being pressured by a friend. Barnett says: “These affidavits are either perjury or forgery, or call them what you will. They are just flat false.” [Talking Points Memo, 12/16/2002]
Joshua Micah Marshall of the influential liberal news blog Talking Points Memo (TPM) writes that charges of “massive voter fraud” that supposedly gave Senator Tim Johnson (D-SD) a narrow victory over challenger John Thune (R-SD) are not only spurious, but deliberately “trumped up” by the Republican National Committee (RNC) working with the Thune campaign. Marshall finds the RNC’s allegations of voter fraud being primarily committed on Indian reservations particularly objectionable. The “wild-eyed allegations,” he writes, “were then amplified by a number of local reporters who turned out to be working in embarrassingly close coordination—in one case, cohabiting—with the Republican operatives who ginned up the accusations in the first place.” Marshall calls the allegations a coordinated effort to block Democratic “get out the vote,” or GOTV, efforts, as well as to “stir up politically-helpful racial animosity.” He writes that Thune and the RNC are using advertisements and mailings to accuse Johnson of being personally involved in the purported fraud, and notes that while Thune graciously conceded the election, his campaign operatives fanned out through South Dakota’s reservations collecting affidavits alleging a wide variety of crimes and improprieties. State Attorney General Mark Barnett found the allegations to be entirely groundless (see December 10, 2002). However, the RNC also gave the affidavits to Byron York of the conservative National Review; York is in the process of preparing a lengthy article on the subject (see December 19, 2002). Marshall writes that the only real crimes may have been committed by “RNC operatives caught filing perjurious or forged affidavits to prove their phony case.” [Talking Points Memo, 12/16/2002] In October, Marshall noted that groundless allegations of absentee ballot fraud were made by a local reporter who lived with a lawyer for the Thune campaign. [Talking Points Memo, 10/18/2002]
The cover of the current National Review, labeling Tim Johnson an ‘Invalid Senator’ and claiming to tell ‘How the Democrats Stole a Senate Seat.’ The allegations behind the cover story have already been proven false by the time the story is published on the Internet. [Source: Free Republic (.com)]The National Review’s Byron York publishes a detailed article alleging that, in November 2002, Democrats committed massive voter fraud in South Dakota in order to ensure Senator Tim Johnson (D-SD) won re-election against opponent John Thune (R-SD). York accuses South Dakota Democrats of using Native American votes to “throw” the election. York reports that Democrats “deployed” 10,000 lawyers nationwide, including the contingent sent to Mission, to ensure that voting rights would be protected. In South Dakota, he writes, “compelling evidence” based on testimony from South Dakota poll workers shows that some of the Democratic lawyers “engaged in illegal electioneering, pressured poll workers to accept questionable ballots, and forced polling places in a heavily Democratic area to stay open for an hour past their previously-announced closing time. In addition, the testimony contains evidence of people being allowed to vote with little or no identification, of incorrectly marked ballots being counted as Democratic votes, of absentee ballots being counted without proper signatures, and, most serious of all, of voters who were paid to cast their ballots for Senator Johnson.” The allegations, if true, would constitute voter fraud on a massive scale. York says the testimony is collected “in more than 40 affidavits collected by Republicans in the days after the election and obtained by National Review,” and supplemented by “interviews with state and local officials.” York alleges that “hundreds of votes” for Johnson “were the product of polling-place misconduct.” Johnson won the election by a few hundred votes. “Had those votes not been added to his total, it seems likely that the senator, who won by just 524 votes, would instead have lost, and John Thune would today be South Dakota’s senator-elect.” [National Review, 12/19/2002]
Allegations False, Says South Dakota Attorney General - South Dakota Attorney General Mark Barnett, a Republican, has said the most serious of the affidavits are either “perjury or forgery,” and says the allegations of illegality are “flat[ly] false.” Barnett said most of the accusations were not illegal, but simply evidence of effective get-out-the-vote (GOTV) efforts by Democrats (see December 10, 2002). And liberal news blogger Joshua Micah Marshall wrote that the only verifiable crimes may have been committed by Republicans who fraudulently concocted bogus allegations of voter fraud (see December 16, 2002). [Rapid City Journal, 12/10/2002; Talking Points Memo, 12/16/2002]
Illegal Operations inside Polling Places? - York recounts accusations from an election board member, Noma Sazama, in Mission, South Dakota, that “out-of-town” Democratic poll watchers tried to “intimidate” her as they coordinated GOTV efforts from a Mission polling place. A Republican poll watcher in Todd County, Ed Assman, recounts a similar story to Sazama’s, of Democratic lawyers from out of town setting up shop inside a polling place, this one in Parmalee; a third witness who refuses to be identified says he saw Democratic poll workers running carpools “out of the polling place.” Holding such operations inside a polling place is illegal under South Dakota law, and South Dakota officials admitted after the election that such operations may have indeed taken place. State election supervisor Chris Nelson told a Todd County reporter, “That type of office operation to conduct a partisan campaign operation should not have been happening at the polling place.”
Allegations of Paying Voters - Assman says he personally watched Democratic poll watchers give cash to van drivers who were transporting voters back and forth from the polls. Another witness, who refuses to be identified, tells York that the watchers gave out “wad[s] of twenties.” That same witness says a Democratic poll watcher later explained the money was for gas. A Republican poll watcher in Mission makes similar allegations. York says that the stories “have raised suspicions that Democrats were perhaps buying more than gasoline,” suspicions that are bolstered by three witnesses in Todd County who say that van drivers offered them cash to vote for Johnson. All three affidavits say that the witnesses were offered $10 to vote, presumably for Johnson. York writes: “None [of the affidavits] explicitly says the voters accepted the money—this would be a confession of a crime—but there is little doubt that they did. And even if they did not, simply offering money for a vote is a crime under South Dakota law, which forbids anyone ‘to pay, lend, contribute, or offer… any money or other valuable consideration’ to anyone for a vote.” In an update to the article, York notes that Barnett has found two of the three affidavits and considers the third “suspect.” Barnett believes the affidavits may be the work of a single man on the Rosebud Indian Reservation, though that man, a registered Democrat, says he knows nothing of the affidavits. The man has told a Sioux Falls reporter that “people on the streets” told him that “they” were paying people with $10 bills or cigarettes to go vote, “and if you couldn’t get there, they would give you a ride.”
Time Discrepancy - Todd County auditor Kathleen Flakus twice published notices in the local press that polls would be open on Election Day, November 2, from 7 a.m. to 7 p.m. Central Standard Time (CST). According to government maps, Todd County is west of the time-zone line that splits South Dakota, placing the county in Mountain Standard Time (MST). The Todd County populace routinely operates on Central time. On Election Day, a Democratic election official named Iver Crow Eagle showed up almost an hour late to one Todd County polling place, forcing that polling place to alter its hours from 7 a.m. - 7 p.m. to 8 a.m. - 8 p.m. The time change is allowable under state law. However, Democratic poll watchers asked that all the Todd County precincts be allowed to stay open until 8 p.m. Todd County is heavily Democratic, York says, providing a possible motive for the request. The Democratic lawyers also asked that precincts in Mellette County be allowed to stay open until 8 p.m.; like Todd, Mellette is technically in Mountain time but the populace keeps Central time. The lawyers argued that the polls should stay open until 7 p.m. MST, which is 8 p.m. CST. York says Flakus and the “[l]ocal election officials were flabbergasted” by the request. However, state officials found that the Democrats were legally correct, and the precincts stayed open until 8 p.m. CST. Republican officials attempted to force the polls to close at 7 p.m. CST, York reports, calling the extra hour an “unconstitutional” dilution of other counties’ votes, whose citizens cast their votes “during proper hours.” The Republicans also asked that the ballots cast after 7 p.m. CST be segregated from the other ballots in case a judge ruled in favor of the original closing time. A state circuit judge dismissed the requests without comment, and the polls stayed open an extra hour in the two counties. Witnesses later tell York that they saw well over a hundred voters cast their votes during the extra hour. “Given the voting patterns of the area, it’s likely that nearly all of those extra votes were Democratic,” York writes. “[I]t seems reasonable to estimate that the extended voting hours gave Tim Johnson an additional 200 or so votes” in Todd County alone.
Voter Registration Fraud? - Democrats from the state and national party worked to register thousands of new voters during the run-up to the November election, specifically working on Indian reservations. The effort secured some 17,000 new voters, York says. However, he cites a news report that alleged “bounty hunters” were paid ”$3 per head” to register new voters, which he calls “an invitation to fraud.” One Democratic volunteer, Becky Red Earth Villeda, made almost $13,000 from registering new voters. Before the election, state prosecutors said that 15 “phony ballots,” in York’s words, were “associated with Villeda.” The prosecutors were investigating 1,700 others and were considering filing charges against her. South Dakota Deputy Attorney General Larry Long told reporters: “It appears that we were able to get her stopped before she actually cast any fraudulent ballots. But it’s conceivable that she was able to get ballots cast that we don’t know about.” York says that at least three absentee ballot requests—not ballots—from the Cheyenne River Indian Reservation, in Dewey County, may have also been fraudulent. A witness at a Dewey County polling place later alleges that he saw “15 or 20” people come to vote, only to find that records indicated they had requested absentee ballots when they said they had not made such requests. One of those voters told election officials that the signature on the ballot request was not his. At another precinct, another witness says the same thing happened with ten voters, and a third witness says a similar occurrence happened to seven voters at another Dewey County precinct. York says it is “reasonable” to presume that many other occurrences took place, and many improper absentee ballots may have been cast. Sazama tells York that she saw ballots cast at her Todd County precinct that “didn’t look right.” She says she saw several signatures that appeared to match the voters’ signatures, but they “all looked like they had been signed by the same person.” Those votes were counted. York says that along with the “suspicious” absentee ballot issues, “there were widespread problems with voter identification,” including a number of instances where voters presented themselves to an election judge, found that their given names were not listed, and were given the opportunity to vote under what a Republican witness in Mellette County calls “alternate names.” Another unnamed observer says similar instances happened at a polling place in Shannon County, home of the Pine Ridge Indian Reservation. And Assman says he saw similar instances in Todd County. York says that Democratic lawyers at polling places “pressured election officials to allow people to vote, whatever the problem with names,” and quotes an unnamed Republican election official as saying the lawyers “intimidated” local officials.
Vote Surge Gives Johnson the Victory, Votes May Be 'Improper' - York writes that the voting improprieties may be the reason why Thune maintained a narrow lead in vote counts throughout the evening of November 2, until late in the vote counting, when Thune led by almost 1,000 votes with only six precincts remaining. Five precincts in Shannon County gave Johnson the victory, York says, coming in at an “unusual” 91.4 percent of votes cast going to Johnson. Shannon County is an “overwhelmingly Democratic area,” York concedes, but alleges that many of the Shannon County ballots had “significant problems” that caused them to be rejected by the optical scan machines counting the votes and processed by a resolution committee. The problems with the optically scanned votes caused the Shannon County votes to be among the last reported. Later, a Republican member of the resolution committee named Lee Linehan says she may have inadvertently let “improper” votes go through, due to her exhaustion and unfamiliarity with the process. York implies that her Democratic committee partner, whom he only identifies as “a lawyer,” may have influenced her to send ballots through regardless of their possible improprieties. Linehan tells York, “I believe the race would have been much closer had we paid more attention.”
Conclusion - York alleges that, in conclusion, Johnson and “an army” of Democratic lawyers improperly threw the election for Johnson. “[T]he accounts of dozens of eyewitnesses at the polling places,” he writes, suggests “the electoral system was not fully trustworthy and in fact failed to stop serious violations of election laws committed by Johnson’s supporters.” The small number of votes in one county after another—200 in Todd, 250 in Shannon, 100 in Dewey, and around 200 in other counties—may have given Johnson the edge he needed to claim a narrow victory. York writes, “[I]t seems reasonable to conclude that, had Democratic misconduct not occurred in those counties, John Thune would have won.” Thune chose not to ask for a recount, as was his right under South Dakota law. York explains that Thune did not wish to put the state’s voters under what Thune called a “long, drawn-out, painful, and protracted struggle over 524 votes.” York goes on to note that Thune dropped broad hints that he felt improprieties cost him the election. Some of the problems were most likely “homegrown,” York says, and cites what he calls previous “allegations of voting irregularities on some of the reservations, particularly in tribal elections.” However, the improprieties that he says cost Thune the election “went far beyond local fraud, and are instead attributable to the team of party operatives sent to South Dakota from the DNC’s headquarters in Washington.” York says the local Republican officials should have been prepared for just such problems, citing Democratic National Committee (DNC) chairman Terry McAuliffe’s promise that lawyers would be at polls in every state, and implying that McAuliffe and the DNC concocted a scheme to steal elections throughout the nation through the auspices of this “army” of lawyers. “[T]he evidence from South Dakota suggests that some of them were on the lookout to commit voter fraud,” he writes, “to steal the election under the guise of preventing it from being stolen.” York concludes that the Democrats’ success in South Dakota will only encourage them to try even harder to steal elections in future elections. [National Review, 12/19/2002]
Purged - The National Review will later purge the York article from its database.
Entity Tags: Ed Assman, County of Shannon (South Dakota), County of Mellette (South Dakota), County of Dewey (South Dakota), Chris Nelson, Byron York, Becky Red Earth Villeda, Democratic National Committee, Tim Johnson, Noma Sazama, County of Todd (South Dakota), Mark Barnett, Lee Linehan, Larry Long, National Review, Iver Crow Eagle, Kathleen Flakus, Terry McAuliffe, Joshua Micah Marshall, John Thune
Timeline Tags: Civil Liberties
Posse Comitatus and Aryan Nations leader James Wickstrom (see 1969 and 1984) rails against slain civil rights leader Dr. Martin Luther King Jr. at a white separatist “skinhead” gathering, saying: “I have a dream! If that g_ddamn n_gger can have a dream, I can have a dream, too. I have a dream that in the days to come there won’t be anyone who isn’t white that’s gonna be in America!” [Southern Poverty Law Center, 2010]
Jerry Vlasek, a Los Angeles heart surgeon and member of the radical Animal Defense League (ADL), says, in his view, it is acceptable to assassinate scientists working in biomedical research to save the lives of animals used in that research. “I think violence is part of the struggle against oppression,” he says. “If something bad happens to those people [animal researchers], it will discourage others. It is inevitable that violence will be used in the struggle and that it will be effective.” Vlasek adds: “I don’t think you’d have to kill too many. I think for five lives, 10 lives, 15 human lives, we could save a million, 2 million, 10 million non-human lives.” In 2004, Vlasek will be banned from entering Britain to attend a conference held by Britain’s Stop Huntingdon Animal Cruelty (SHAC—see 1998) and SPEAK, an anti-vivisection group, for his remarks, though he will address the conference via video link. [Anti-Defamation League, 2005]
Animal rights activist Christopher McIntosh sets fire to the roof of a McDonald’s restaurant in Seattle. The FBI will apprehend McIntosh after identifying his fingerprints from a spray-paint can he leaves behind. McIntosh claims that the arson is a joint effort of the Animal Liberation Front (ALF—see 1976) and Earth Liberation Front (ELF—see 1997). [Anti-Defamation League, 2005]
At 3 a.m., activists with the Stop Huntingdon Animal Cruelty (SHAC—see 1998 and 2002 and After) animal rights organization gather outside the Los Angeles home of a manager of a company that sells software to Huntingdon Life Sciences (HLS), a firm that for years has been accused by SHAC of abusing and torturing animals in its research efforts. The protesters yell through bullhorns, set off sirens, and leaflet the neighborhood. Afterwards, the SHAC Web site warns, “we’ll be back” and “we know where you live, we know where you work, and we’ll make your life hell until you pull out of HLS.” [Anti-Defamation League, 2005]
Activists with the Animal Liberation Front (ALF—see 1976) plant two explosives designed to spread fire quickly in a McDonald’s restaurant in Chico, California. The phrases “meat is murder” and “species equality” are spray-painted in red, as is “Animal Liberation Front.” A note connecting ALF to the crime is found in a nearby phone booth. The two devices fail to ignite, but a week later, another McDonald’s in Chico is damaged by such a device. “Liberation” and “ALF” are also spray-painted on the walls. [Anti-Defamation League, 2005] The ALF frequently targets McDonald’s restaurants (see September 8, 2001).
The cover of an April issue of Entertainment Weekly featuring nearly-nude depictions of the Dixie Chicks, all with words written on their skin used in commentaries about the band. [Source: Associated Press / Guardian]The Dixie Chicks, a modern country band from Texas, plays a concert in London. The band consists of three singers and multi-instrumentalists, Natalie Maines, Martie Maguire, and Emily Robison, and backing musicians. During the show, Maines says to the audience: “Just so you know, we’re on the good side with y’all. We do not want this war, this violence, and we’re ashamed that the president of the United States is from Texas.” The London Guardian, in a review of the show, reports the comments on March 12. Within days, Maines and the Dixie Chicks become the targets of intense and heavy criticism from conservative commentators and Bush supporters in the United States. Country music radio stations across the nation begin dropping their songs from their playlists, even though the Chicks currently have the top song in country music airplay, “Travelin’ Man.” Radio stations set up trash cans outside their stations for listeners to publicly discard their Dixie Chicks CDs, and some radio stations hold “disc-burning” and “disc-smashing” festivals featuring bonfires and tractors. Two radio station chains, Cox and Cumulus, ban the Chicks from being played on all the stations they own. Critics on Fox News and conservative radio shows nickname the band “the Dixie Sluts,” “Saddam’s Angels,” and other monikers. Country musician Toby Keith, a conservative and frequent guest on Fox News and radio talk shows, begins using a backdrop at his concerts featuring a photo montage putting Maines together with Saddam Hussein. Maines reluctantly accepts 24-hour security from the barrage of death threats she receives. She quickly issues an apology, saying, “Whoever holds that office [the presidency] should be treated with the utmost respect,” but the apology makes little difference to many. Indeed, the band does not back away from its position: Robison will later say: “Everybody talks about how this war was over quickly and not that many people died. Tell that to the parents of people coming home in body bags.… Natalie’s comment came from frustration that we all shared—we were apparently days away from war (see March 19, 2003) and still left with a lot of questions.” Maines will later say: “The thing is, it wasn’t even a political statement. It was a joke made to get cheers and applause and to entertain, and it did. But it didn’t entertain America.” Maines will later say the controversy starts on a right-wing message board and blog called Free Republic. Music producer and comedian Simon Renshaw, a close friend of the band members, agrees with Maines, saying: “The extreme right-wing group, for their own political reasons, are attempting to manipulate the American media, and the American media is falling for it. The Free Republic is very well organized. There’s definitely a Free Republic hit list with all of the radio stations they’re trying to affect, and they are totally focused, and the girls are going to get whacked.” Documentary maker Barbara Kopple, who is making a film about the group, will later say: “[The c]ountry music [industry] put[s] sort of their musicians in a box, and they’re expected to be very conservative in their leanings, and these were three all-American girls that nobody ever expected this from. So when Natalie made her statement, it was as if she had betrayed country music. There was a massive boycott on playing any of their music. There was this group called the Free Republic that immediately got on Web sites and blogs and everything else to make sure that their music was not shown, their CDs were trampled, and for this, they even got death threats. So they had to have bomb-sniffing dogs, they had security, and nothing could stop these women from playing.” Kopple cites one example of a very specific and credible death threat issued for a July 6, 2003 concert in Dallas, but the three band members insist on playing, and the concert goes off without incident. In April 2003, Maines says: “People think this’ll scare us and shut us up and it’s gonna do the opposite. They just served themselves a huge headache.” [Guardian, 3/12/2003; Guardian, 4/25/2003; Democracy Now!, 2/15/2007] Eventually, their CD sales begin to rebound, and in 2007, they will win five Grammy awards, an accomplishment many will see as a vindication of the Dixie Chicks’s music and their right to freedom of speech, as well as something of a repudiation of the Nashville-based country music industry. Music executive Jeff Ayeroff will note that “the artist community… was very angry at what radio did, because it was not very American.” Music executive Mike Dungan, a powerful member of the country music industry, says of the awards, “I think it says that, by and large, the creative community sees what has happened to the Dixie Chicks as unfair and unjust.” [New York Times, 2/13/2007]
Ervin Elbert Hurlbert and Donald Little are arrested while trying to impersonate “Montana marshals” in order to facilitate the escape of Montana Freemen (see 1993-1994) leader LeRoy Schweitzer (see 1983-1995) from a federal prison in Edgefield, South Carolina. Schweitzer is serving a 22-year sentence for a variety of crimes relating to bank and check fraud (see July 3-8, 1998 and March 16, 1999). Both Hurlbert and Little are arraigned for attempting to aid a prisoner’s escape; Hurlbert is also charged with impersonating a law enforcement officer. The two enter the lobby of the Edgefield prison, identify themselves to a prison official as “Montana marshals,” and tell the official that they are there to take custody of Schweitzer. They give the official documents to “prove” their assertion, including a writ demanding that the warden relinquish custody of Schweitzer to “Marshal Ervin Elbert clan of Hurlbert.” One of the documents reads, “United States of America Special appointed Marshal Ervin Elbert: clan of Hurlbert shall assume full responsibility for the custody of the Justice/Petitioner,” meaning Schweitzer. The documents state that Schweitzer is “volunteering to return to the Country of Montana.” The documents are signed by Schweitzer and three former Edgefield inmates. Instead of releasing Schweitzer, prison officials notify local law enforcement, and sheriff’s deputies arrest Hurlbert and Little. FBI agent Deborah DeVito tries to interview Little, but he refuses to answer questions and instead repeats the claim that he is a “process server, noncombatant.” Little also tells DeVito that he is not a United States citizen but an “American National Citizen” and a foreigner from the “Country of Montana.” Hurlbert waives his legal rights, but refuses to sign a waiver form, telling DeVito that he owns his name and will not sign anything. Hurlbert says Schweitzer sent him the documents. He also tells DeVito that the codes of the “Country of Montana permit the establishment of their own Supreme Court and Justices.” Hurlbert says he had no intention of using violence, but admits to having a pistol in his vehicle. He says the gun is registered in the “Country of Montana.” [Associated Press, 3/25/2003]
Arissa logo. [Source: Anti-Defamation League]Former Earth Liberation Front (ELF—see 1997) activists Craig Rosebraugh and Leslie James Pickering (see 1996 and After) form a new activist organization, Arissa, aimed at linking other social movements, particularly the antiwar movement, to environmentalism. Arissa gives Rosenbaum, Pickering, and others the opportunity to speak about their views and sell books by its members. One book is Rosenbaugh’s The Logic of Political Violence, which says that “revolution in the United States must be comprised of a variety of strategies” and that “it cannot be successful without the implementation of violence.” Later, Rosebraugh will echo this sentiment, telling a television interviewer: “Violence is a necessary element of an oppressive struggle… to overthrow an oppressive government.… [ELF is] only part of a larger building revolutionary movement that won’t stop until it has a successful overthrow of this country.” [Anti-Defamation League, 2005]
Activists for the animal rights organization Stop Huntingdon Animal Cruelty (SHAC—see 1998 and 2002 and After) begin pressuring the biotechnology firm Chiron. Like other firms targeted by SHAC, Chiron does business with British research firm Huntingdon Life Sciences (HLS), long accused of abusing and torturing animals in its research practices. The pressure begins with SHAC activists protesting at the homes of Chiron employees. On June 11, 2003, the organization posts an anonymous message on its Web site, allegedly from a Chiron employee, telling SHAC members “how to bypass security at a Chiron office” and giving the names and Social Security numbers of Chiron staff. The message says to Chiron, “Send a fax to SHAC saying you will never use HLS again, and you can avoid paying for lawyers, security, and broken windows.” In August, activists calling themselves “Animal Liberation Brigade” and “Revolutionary Cells” claim responsibility for setting off two pipe bombs at the Chiron office in Emeryville, California. The bombs cause relatively minor damage, but a message on a SHAC Web site asks, “You might be able to protect your buildings, but can you protect the homes of every employee?” [Anti-Defamation League, 2005]
A button supporting the Texas Democrats, nicknamed the ‘Killer D’s.’ [Source: Ebay (.com)]The Republican leadership of the Texas legislature sends agents from the Department of Homeland Security (DHS), the Texas Rangers, state troopers, and members of the Special Crimes unit to locate and apprehend over 50 Democratic state legislators who have left the state to prevent a quorum from being reached. The state Democrats left Austin, and the state, in order to prevent the Republican leadership from passing a controversial electoral redistricting plan that they say discriminates against minority voters (see 2002-2004). One Democratic lawmaker, Representative Helen Giddings, is apprehended. Many of the Democrats are staying for the time being in Ardmore, Oklahoma. One Democrat, Representative Craig Eiland, says that police officers questioned his wife in Galveston, where their newborn twins are in intensive care. He calls the law enforcement efforts to “find” him and his colleagues “bordering on harassment,” and advises, “Let the good guys go back to catching the bad guys and let the politicians deal with each other.” Under Texas law, even though the Democrats are committing no crime in refusing to participate in the legislative session, state law enforcement officers have the authority to arrest members of the legislature and forcibly return them to Austin to allow the legislature to achieve a quorum. [Fort Worth Star-Telegram, 5/14/2003]
Use of Federal Resources; DHS 'Furious' at Involvement - US Representative Tom DeLay (R-TX) says that the Speaker of the Texas House, Tom Craddick (R-Midland), has asked for the intervention of the FBI and/or US Marshals to “go up and get those members.” Craddick denies making any such request. The US attorney’s office in San Antonio says that an “unidentified person” called it with an inquiry about federalizing the “arrest warrant.” A Justice Department spokesperson says the issue is entirely a state matter, and “would not warrant investigation by federal authorities.” The Air and Marine Interdiction and Coordination Center, a federal agency under the purview of the DHS, is involved for a time in a search for a private plane belonging to former House Speaker Pete Laney (D-Hale Center). The agency’s purpose is to engage in counterterrorism activities. Craddick says that the agency was successful in locating the airplane in Ardmore, alerting him that many of the Democrats are in that town. Craddick says: “We called someone, and they said they were going to track it. I have no idea how they tracked it down. That’s how we found them.” Bush administration officials promised that DHS agencies and officials would not operate within American borders when the agency was created. [Fort Worth Star-Telegram, 5/14/2003; CommonDreams, 5/14/2003] According to DHS officials, someone in the Texas Department of Public Safety (DPS) calls the Air and Marine Interdiction Coordination Center on May 12 and says: “We got a problem and I hope you can help me out. We had a plane that was supposed to be going from Ardmore, Oklahoma, to Georgetown, Texas. It has state representatives in it and we cannot find this plane.” The center agrees to help, DHS says, because “from all indications, this request from the Texas DPS was an urgent plea for assistance from a law enforcement agency trying to locate a missing, lost, or possibly crashed aircraft.” DHS officials contradict Craddick by denying that the center found Laney’s plane in Ardmore. Senator Joseph Lieberman (D-CT) says: “I am outraged that Homeland Security resources are being used to help settle partisan scores. It’s inconceivable that anyone would waste scarce department resources for such an indefensible purpose.” Lieberman is demanding an investigation into the matter. Representative Jim Turner (D-TX), the ranking Democrat on the House Select Committee on Homeland Security, says he is reminded “of the days of Watergate, when federal resources were used for purely partisan political purposes.” According to the New York Times, DeLay is working closely with Craddick on the matter, though a DeLay spokesman denies that anyone from DeLay’s office has had any contact with DHS, and adds, “This is a smoke screen from the Democrats, who will say or do anything to change the subject from shirking their constitutional responsibilities.” DPS spokesperson Tom Vinger refuses to say specifically what his department has done to find the legislators, saying only: “We were ordered to begin an investigation into the missing legislators by the Texas House and to take them into custody if we found them and bring them back to the House chambers. Those were our orders. And we used very basic, routine investigative procedures in an attempt to do this.” DHS officials tell a Times reporter on the condition of anonymity that they are furious about being involved in the search. [Utne Reader, 5/2003; New York Times, 5/15/2003] Craddick soon orders all records of the Republicans’ search for the Democrats to be destroyed, sparking outrage among the Democrats, who demand accountability and say Craddick is trying to hide something. [CBS News, 5/21/2003]
Questioning Family Members - Law enforcement officers have questioned the children of Representative Joe Pickett, angering Pickett’s wife Denise. And Carol Roark, the wife of Representative Lon Burnam, says police officers appeared at her home in Fort Worth and announced they were there to “arrest” her husband; one officer told her, “I’m here on the order of Tom Craddick to arrest Rep. Lon Burnam.” Roark says she laughed at the officer, and says, “I think it was a pretty silly use of tax dollars.” Dallas Mayor Laura Miller, whose husband, Representative Steve Wolens, is in Ardmore, says that police officers have camped out overnight in front of her home. Miller says, “I felt very safe last night because there were two DPS officers who slept in front of my home.” [Fort Worth Star-Telegram, 5/14/2003]
Mixed Reactions - Reaction to the Democrats’ exodus is mixed. Supporters have dubbed them the “Heroes of the House” and the “Killer D’s,” the latter a reference to a similar action taken by Texas Senate Democrats in the late 1970s. Republicans in Texas and Washington have labeled the Democratic lawmakers “cowards” and “terrorists.” Many Texas news outlets have shown sympathy to the Democrats and have criticized what some call the excessive reaction by the Republican leadership. [CommonDreams, 5/14/2003] DeLay says the Democrats who have left Texas “may not be patriots,” and adds, “Representatives are elected and paid for by the people with the expectation that they show up for work and do the people’s business and have the courage to cast tough votes.” In response, Representative Martin Frost (D-Arlington) says in regards to the redistricting plan: “Tom DeLay would be perfectly happy in the old Soviet Union. He wants one-party government. He doesn’t believe in a two-party system.” DeLay’s House colleague, Lloyd Doggett (D-TX), says, “It is easier, I think, for Tom to manipulate these lines… than it is to win elections.” [Dallas Morning News, 5/14/2003; New York Times, 5/15/2003]
Order Expires - The order from the Republican leadership is essentially vacated on May 15, when the Texas House, formerly “standing at ease,” officially adjourns. At that point, the “call on the House,” under which law enforcement officials are authorized to apprehend and forcibly return recalcitrant lawmakers, is abated. They return to Austin on May 16. Representative Jim Dunnam (D-Waco), who helped organize the retreat, says, “Government is by the people and for the people, and we had to go to Oklahoma to say government is not for Tom DeLay.” The delay causes the redistricting bill to lapse, but it will be brought up again in the next session, according to Texas Republicans. Representative Beverly Woolley (R-Houston) says: “Texas is a Republican state by all voting population, and they [Republicans] deserve to have greater representation in Congress. Sooner or later, we will redistrict. This is not over.” [New York Times, 5/15/2003; Houston Chronicle, 5/16/2003]
Entity Tags: James Dunnam, US Department of Homeland Security, Denise Pickett, Tom DeLay, US Department of Justice, Helen Giddings, Craig Eiland, Carol Roark, Air and Marine Interdiction and Coordination Center, Beverly Woolley, Bush administration (43), Tom Craddick, Texas State Legislature, Tom Vinger, Texas Rangers, Laura Miller, Martin Frost, Lloyd Doggett, Lon Burnam, Texas Republican Party, Joe Pickett, Joseph Lieberman, Jim Turner, Steve Wolens, Texas Department of Public Safety, Pete Laney, New York Times, Texas Democratic Party
Timeline Tags: Civil Liberties
The House Appropriations subcommittee investigating the Branch Davidian tragedy in Waco (see March 1, 1993 and April 19, 1993) releases heavily edited excerpts from 911 call conversations between federal agents and Davidian members made during the February 1993 raid on the Davidian compound by the Bureau of Alcohol, Tobacco and Firearms (BATF—see 5:00 A.M. - 9:30 A.M. February 28, 1993). A Dallas FBI agent released edited portions of the tapes to a Congressional investigator, who gave the tapes to the subcommittee members. The Justice Department says the FBI agent, Oliver “Buck” Revell, erred in giving the tape; a department investigation finds Revell did not knowingly do anything wrong in releasing the tape, which is used by the FBI to train negotiators to deal with similar situations. The McLennan County, Texas, Police Department releases unedited versions of the tapes shortly after the House subcommittee makes its tapes public; federal prosecutors who intend to prosecute some of the surviving Davidians (see August 7, 1993) had intended to keep the tapes secret until the trial. Senator Dennis DeConcini (D-AZ) asks Attorney General Janet Reno to investigate the tape’s initial release, saying: “Who edited the version of the tape given to the House in the first place, and why, in that version, are conversations with David Koresh out of order? Is there a reason why the FBI, for training purposes, would leave out the threatening statements made by the Branch Davidians on the actual tape?” The House subcommittee was told that the tape was an accurate recording of the first half-hour of local police negotiations with Davidian Wayne Martin. “The release of altered tapes that are evidence before a grand jury is an assault on the department’s integrity,” DeConcini writes. “It is essential that this matter be investigated thoroughly and that the individuals responsible receive the most severe penalties available under the law.” The edited tape makes it appear that the 911 call center could not reach BATF agents for almost an hour after the 911 calls commenced. The police tapes feature two unedited hours of conversation between Martin and local law enforcement officials, and show that 911 operators made contact with BATF raid commanders within a half-hour of the first call to the hotline by Martin. The police tapes also indicate that BATF officials worked closely with the 911 call center to negotiate a cease-fire and evacuation of wounded federal agents. [Dallas Morning News, 8/7/1993]
Entity Tags: McLennan County Sheriff’s Department (Texas ), David Koresh, Branch Davidians, Dennis DeConcini, Federal Bureau of Investigation, US Bureau of Alcohol, Tobacco, Firearms and Explosives, House Committee on Appropriations, Janet Reno, US Department of Justice, Wayne Martin, Oliver (“Buck”) Revell
Timeline Tags: 1993 Branch Davidian Crisis
In the case of Federal Election Commission v. Beaumont, the Supreme Court rules that the ban on direct corporate donations by the Federal Election Campaign Act (FECA—see February 7, 1972) is constitutional. The case concerns a challenge to the law by Christine Beaumont and North Carolina Right to Life (NCRL), an anti-abortion advocacy group that sued for the right to donate directly to political candidates under the First Amendment. Beaumont and the NCRL were twice denied in lower courts, and have appealed to the Supreme Court. In a 7-2 decision, the Court upholds the ban. The majority opinion is written by Justice David Souter, who rules that the ban on direct contributions is consistent with the First Amendment. The Court cannot find in favor of NCRL, Souter writes, “without recasting our understanding of the risks of harm posed by corporate political contributions, of the expressive significance of contributions, and of the consequent deference owed to legislative judgments on what to do about them.” Two of the most conservative justices on the Court, Antonin Scalia and Clarence Thomas, dissent, arguing that the ban is not constitutional. [Brennan Center for Justice, 6/16/2003; Oyez (.org), 2009]
Apparently, the white supremacist ideology formerly thought of as a uniquely American issue has spread to South Africa. Ten years after the collapse of apartheid and whites-only rule in that country, dozens of right-wing, white supremacist groups are being founded in South Africa. Many of them believe that black majority rule is a punishment sent by God because of the disobedience by the Afrikaaner people. They view themselves as descendents of the 10 lost tribes of Israel, whites who are destined to rule over all races and forbidden to mix with other races. Many of these groups echo the Christian Identity ideology (see 1960s and After). Reverend Willie Smith, a former Baptist minister, founded the Lewende Hoop (Living Hope) community in Kroonstad in the Free State in the late 1990s. Smith says: “I looked around and saw the need of my people, the Afrikaaners. They do not know who they are. The other churches are not preaching the truth. But I tell them, you are the people of the Bible. The Bible was written for you.… We strayed from the teachings of the Bible. Our leaders sold us out. They want us to mix with the other races. But it is not working. The other churches are preaching that you must love all. But we don’t want that. We don’t want to overthrow the government. We have to wait for deliverance from the Lord.… We are suffering under this ANC [African National Congress]-communist regime. We want blacks, coloreds, and the other races to return to their traditions. If we rule, it will be a blessing for all of Africa.” Smith’s group allegedly consists of 30 congregations with a total of 6,000 believers. [Ontario Consultants on Religious Tolerance, 5/30/2006]
The Nevada State Legislature passes a law that automatically restores the right to vote to convicted felons. Felons who have completed their jail terms may also run for public office and serve as jurors in civil cases. Felons released from prison after July 1, 2003 may only receive reinstatement if they were convicted of a single, nonviolent felony such as a drug offense. Violent felons or those with multiple convictions must petition a court for reinstatement. [American Civil Liberties Union, 2008; ProCon, 10/19/2010]
A caged mink on a fur farm. The mink will be eventually slaughtered for its fur. [Source: NYC Animal Rights]Activists with the Animal Liberation Front (ALF—see 1976) release approximately 10,000 mink held captive on a “fur farm” in Sultan, Washington. The mink are slated to be killed and have their fur turned into coats and other items of apparel. The activists may have used instructions from the online guide “The Final Nail: Destroying the Fur Industry—A Guided Tour,” which lists the addresses of “fur farms” as well as giving other information about disrupting their operations. The mink release causes approximately $10,000 in damages. An ALF statement claims credit for the release, and warns that “all institutions of animal exploitation—regardless of any attempts to conceal their bloody operations—will be located and the animals liberated.” The mink release is the area’s third in three years. [Anti-Defamation League, 2005]
Rod Coronado displays a jug of gasoline and oil that can be used as an incendiary device. [Source: Fur Commission]Environmental and animal rights activist Rod Coronado (see 1995 and March 2004), a convicted arsonist and member of the Earth Liberation Front (ELF—see 1997), gives a speech urging activists to commit arson and telling them how to build an incendiary device. Coronado’s speech comes on the heels of the firebombing of a San Diego condominium complex in which an ELF banner was left behind (see August 1, 2003). Coronado gave a similar presentation to a conference in January, where he displayed a milk jug filled with gasoline and oil, and told listeners: “Here’s a little model I’m going to show you here. I didn’t have any incense, but—this is a crude incendiary device. It is a simple plastic jug, which you fill with gasoline and oil. You put in a sponge, which is soaked also in flammable liquid.… You put the incense stick in here, light it, place it—underneath the ‘weapon of mass destruction,’ light the incense stick—sandalwood works nice—and you destroy the profits that are brought about through animal and earth abuse. That’s about two dollars.” In February 2006, Coronado will be indicted for charges stemming from the August 2003 speech. [Los Angeles Times, 2/23/2006; Fur Commission, 2010]
Walter O’Dell, CEO of Diebold Systems, says in a fundraising letter, “I am fully committed to helping Ohio deliver its electoral votes to the president next year.” O’Dell’s firm manufactures the electronic voting machines widely used in Ohio elections. Ohio’s Secretary of State Kenneth Blackwell (R-OH), the state official in charge of voting in that state, is also co-chair of the Ohio Bush-Cheney re-election campaign; by the November 2004 vote, Blackwell will successfully place Diebold voting machines in some 40 percent of Ohio polling places. [Hunt, 9/1/2009, pp. 13]
Richard Butler, the aging and ailing leader of the disintegrating Aryan Nations (see Late 2000 - 2001), runs for mayor of Hayden, Idaho. Two of his roommates and followers, Zachary Beck and Karl Gharst, run for city council seats. None of them get more than 3 percent of the vote, and Beck spends Election Day in jail, charged with punching a Latino man in the face. [Southern Poverty Law Center, 2010]
Alabama Governor Bob Riley (R-AL) signs into law a bill that permits most Alabama citizens with felony convictions to apply to regain their right to vote. They cannot apply for reinstatement until after they complete their sentence. [American Civil Liberties Union, 2008; ProCon, 10/19/2010]
The Reverend Fred Phelps, minister of the Westboro Baptist Church in Topeka, Kansas, announces plans to erect a monument in the Casper, Wyoming, City Park to “commemorate” the murder of gay college student Matthew Shepard five years ago (see October 9, 1998 and After). According to Phelps, the marker would bear a likeness to Shepard and read: “MATTHEW SHEPARD, Entered Hell October 12, 1998, in Defiance of God’s Warning: ‘Thou shalt not lie with mankind as with womankind; it is abomination.’ Leviticus 18:22.” Few Casper City Council members support Phelps’s plans. Councilwoman Barb Watters says: “When Phelps puts on one side his picture with the thing about killing all the gays, and they put on the other side of the thing a picture of Hitler that says ‘Kill all the Jews.’ That is what you are opening yourself up for.” Councilman Paul Bertoglio notes: “I think the hate language will find a very cold reception in this community. I think this community’s backbone is going to come up and say, ‘We are not going to accept it.’” Of Shepard, Phelps says: “It all comes back to Casper, Wyoming. That is his home, that is where he was born, where that church is, where those institutions… conspired in a confluence of evil resulting in a Zeitgeist that is extraordinarily evil. He [Shepard] was not a hero. This is a great monster sin against God. It is not an innocent alternate lifestyle. And all that has come down in that one little evil town called Casper, Wyoming. And we can’t ignore that.” The city will not allow the monument to be erected. [Casper Tribune, 10/3/2003] The WBC soon builds a virtual “monument” to Shepard on its Web site (see 1997), which depicts him burning in hell. A photo of Shepard is wreathed in animated flames, and mousing over the photograph triggers an audio response of recorded screams and a voice shouting, “For God’s sake, listen to Phelps!” A counter on the site displays how many days Shepard has “Been in Hell.” The site claims: “WBC does not support the murder of Matthew Shepard: ‘thou shalt not kill.’ Unless his killers repent, they will receive the same sentence that Matthew Shepard received—eternal fire. However, the truth about Matthew Shepard needs to be known. He lived a Satanic lifestyle. He got himself killed trolling for anonymous homosexual sex in a bar at midnight.” [Global Oneness, 2011; Southern Poverty Law Center, 2012]
Wendy Iwanow, in her days as porn star ‘Bianca Trump.’ [Source: Colby Katz / Broward-Palm Beach New Times]Richard Butler, the aging and ailing leader of the disintegrating Aryan Nations (see Late 2000 - 2001), is humiliated when his voloptuous 31-year-old traveling companion, “tattoo artist” Wendy Iwanow, is arrested for forgery while the two are attempting to board a commercial flight to Phoenix to attend a white supremacist rally. The 84-year-old Butler and his small number of Nations followers learn within minutes that Iwanow is a hard-core pornography star and former prostitute who works under the alias “Bianca Trump,” the “Latin Princess.” Butler and his followers are shocked to learn that Iwanow had filmed interracial sex scenes in her movies. A Nations press release reads in part, “Unfortunately, there are some people who think that hiding out in Pastor Butler’s house is a good refuge.” [Southern Poverty Law Center, 12/2003; Southern Poverty Law Center, 2010]
General Tommy Franks, the commander of US forces in Iraq, says he would favor replacing America’s democracy with a military-run government in the event of another 9/11-level terrorist attack. “It would begin to unravel the fabric of our Constitution,” he says, “and under those circumstances I would be open to the idea that the Constitution could be scrapped in favor of a military form of government.” [Hunt, 9/1/2009, pp. 13]
White House counsel Alberto Gonzales contacts John Carlin, archivist of the United States, and asks him to step down, but does not provide reasons for the request. “The administration would like to appoint a new archivist,” Gonzales reportedly says. No reason is given, even after Carlin asks why he should leave. Some critics will suggest that Carlin’s removal is connected to President Bush’s Executive Order 13233 limiting access to presidential records. The records of former President George H. W. Bush, the father of the current president, were due to be released in January 2005. Incoming archivist Allen Weinstein will later note that he met with the director of presidential personnel, Dina Powell, on September 23, 2003, and was asked to submit investigative forms to the White House and the FBI in November and December. Weinstein will also note that although he professed distaste for President Bush’s executive order, he “would feel obliged to defend the order against a lawsuit by the American Historical Association seeking to overturn it.” [Washington Post, 6/26/2004]
The Supreme Court rules in the case of McConnell v. Federal Election Commission. The case addresses limitations on so-called “soft money,” or contributions to a political party not designated specifically for supporting a single candidate, that were imposed by the Bipartisan Campaign Reform Act of 2002 (BCRA), often known as the McCain-Feingold law after its two Senate sponsors (see March 27, 2002). A three-judge panel has already struck down some of McCain-Feingold’s restrictions on soft-money donations, a ruling that was stayed until the Court could weigh in. Generally, the Court rules that the “soft money” ban does not exceed Congress’s authority to regulate elections, and does not violate the First Amendment’s free speech clause. The ruling is a 5-4 split, with the majority opinion written by liberal Justice John Paul Stevens and his conservative colleague Sandra Day O’Connor. The opinion finds that the “minimal” restrictions on free speech are outweighed by the government’s interest in preventing “both the actual corruption threatened by large financial contributions and… the appearance of corruption” that might result from those contributions. “Money, like water, will always find an outlet,” the justices write, and the government must take steps to prevent corporate donors from finding ways to subvert the contribution limits. The majority is joined by liberal justices Stephen Breyer, Ruth Bader Ginsburg, and David Souter, and the four other conservatives on the court—Anthony Kennedy, William Rehnquist, Antonin Scalia, and Clarence Thomas—dissent. [Legal Information Institute, 12/2003; Oyez (.org), 2011] The case represents the consolidation of 11 separate lawsuits brought by members of Congress, political parties, unions, and advocacy groups; it is named for Senator Mitch McConnell, who sued the FEC on March 27, 2002, the same day the bill was signed into law. Due to the legal controversy expected to be generated by the law and the need to settle it prior to the next federal election, a provision was included in the BCRA that provided for the case to be heard first by a special three-judge panel and then appealed directly to the Supreme Court. This District of Columbia district court panel, comprised of two district court judges and one circuit court judge, was inundated with numerous amicus briefs, almost 1,700 pages of related briefs, and over 100,000 pages of witness testimony. The panel upheld the BCRA’s near-absolute ban on the usage of soft money in federal elections, and the Supreme Court agrees with that finding. However, the Court reverses some of the BCRA’s limitations on the usage of soft money for “generic party activities” such as voter registration and voter identification. The district court overturned the BCRA’s primary definition of “noncandidate expenditures,” but upheld the “backup” definition as provided by the law. Both courts allow the restrictions on corporate and union donations to stand, as well as the exception for nonprofit corporations. The Court upholds much of the BCRA’s provisions on disclosure and coordinated expenditures. The lower court rejected the so-called “millionaire provisions,” a rejection the Supreme Court upholds. A provision banning contributions by minors was overturned by the lower court, and the Court concurs. The lower court found the provision requiring broadcasters to collect and disclose records of broadcast time purchased for political activities unconstitutional, but the Court disagrees and reinstates the requirement. [Legal Information Institute, 12/2003] McConnell had asked lawyer James Bopp Jr., a veteran of anti-campaign finance lawsuits and the head of McConnell’s James Madison Center for Free Speech, to take part in the legal efforts of the McConnell case. However, before the case appeared before the Supreme Court, McConnell dropped Bopp from the legal team due to a dispute over tactics. [New York Times, 1/25/2010] The 2010 Citizens United decision will partially overturn McConnell (see January 21, 2010).
Entity Tags: Federal Election Commission, David Souter, Bipartisan Campaign Reform Act of 2002, Antonin Scalia, Anthony Kennedy, William Rehnquist, US Supreme Court, Stephen Breyer, Sandra Day O’Connor, National Rifle Association, Mitch McConnell, John Paul Stevens, Ruth Bader Ginsburg, James Bopp, Jr, Clarence Thomas
Timeline Tags: Civil Liberties
Posse Comitatus and Aryan Nations leader James Wickstrom (see 1969, 1975 - 1978, 1984, and 2003) tells a reporter in a videotaped interview: “I’d like to see these Jews all be brought to the VA [Veterans Administration Hospital] and wooden chairs be put down on the lawn. Tie the Jews in. Bring these veterans down who have been mutilated… and give them baseball bats and let them beat these Jews to death! Every one of them! Take these chairs and Jews after they’re beaten to death, throw ‘em in the wood chipper! And from the wood chipper let the remains go into a big incinerary [sic] truck, which is right behind the wood chipper, and give them the holocaust they rightly deserve!” [Southern Poverty Law Center, 2010]
Peter Lewis of Progressive Insurance. [Source: Forbes]Billionaire George Soros, a frequent contributor to Democratic and liberal causes, gives $23.7 million to a number of “527s,” politically active groups that operate independently of particular campaigns or candidates (see 2000 - 2005, March 2000 and After, and June 30, 2000). Peter Lewis, the CEO of Progressive Insurance, gives almost that much, with donations totaling $23.247 million. Their donations include:
$16 million (Lewis) and $12,050,000 (Soros) to the Joint Victory Campaign 2004, an “umbrella” fundraising entity that distributes funds to two other major groups, America Coming Together (ACT) and The Media Fund.
$7,500,000 (Soros) and $2,995,000 (Lewis) to America Coming Together.
$2,500,000 (Soros) and $2,500,000 (Lewis) to MoveOn.org.
$650,000 (Lewis) and $325,000 (Soros) to the Young Democrats of America.
$485,000 (Lewis) to the Marijuana Policy Project.
$325,000 (Soros) to Democrats 2000.
$300,000 (Soros) to the Real Economy Group.
$300,000 (Soros) to the Campaign for America’s Future.
$250,000 (Soros) and $250,000 (Lewis) to Democracy for America.
$250,000 (Soros) to Safer Together 04.
$117,220 (Lewis) to Stonewall Democrats United.
$100,000 (Lewis) to the Gay and Lesbian Victory Fund.
$100,000 (Lewis) to the Sierra Club.
$50,000 (Lewis) to PunkVoter.Inc. [Center for Responsive Politics, 2012; Discover the Secrets, 2012; Center for Responsive Politics, 6/11/2012; Center for Responsive Politics, 6/11/2012]
Entity Tags: George Soros, America Coming Together, Young Democrats of America, Democrats 2000, Democracy for America, Gay and Lesbian Victory Fund, Campaign for America’s Future, Stonewall Democrats United, The Media Fund, MoveOn (.org), Marijuana Policy Project, Sierra Club, Peter Lewis, Safer Together 04, PunkVoter.Inc., Joint Victory Campaign, Real Economy Group
Timeline Tags: Civil Liberties, 2004 Elections
A sample page from Mark Klein’s AT&T documentation. [Source: Mark Klein / Seattle Times]Senior AT&T technician Mark Klein (see July 7, 2009), gravely concerned by the National Security Agency (NSA) spying operation going on in AT&T’s San Francisco facility (see October 2003) and now in possession of documents which prove the nature and scope of the telecommunications surveillance activities (see Fall 2003 and Late 2003), writes a memo summarizing his findings and conclusions. He appends eight pages of the unclassified documents he has in his possession, along with two photographs and some material from the Internet which documents the sophisticated surveillance equipment being used to gather data from AT&T’s electronic transmissions. The NSA and AT&T were, he later says, “basically sweeping up, vacuum-cleaning the Internet through all the data, sweeping it all into this secret room.… It’s the sort of thing that very intrusive, repressive governments would do, finding out about everybody’s personal data without a warrant. I knew right away that this was illegal and unconstitutional, and yet they were doing it.… I think I’m looking at something Orwellian. It’s a government, many-tentacled operation to gather daily information on what everybody in the country is doing. Your daily transactions on the Internet can be monitored with this kind of system, not just your Web surfing. All kinds of business that people do on the Internet these days—your bank transactions, your email, everything—it sort of opens a window into your entire private life, and that’s why I thought of the term ‘Orwellian.’ As you know, in [George] Orwell’s story , they have cameras in your house, watching you. Well, this is the next best thing.… So I was not only angry about it; I was also scared, because I knew this authorization came from very high up—not only high up in AT&T, but high up in the government. So I was in a bit of a quandary as to what to do about it, but I thought this should be halted.”
Gathering 'the Entire Data Stream' - In his memo, Klein concludes that the NSA is using “splitter” equipment to copy “the entire data stream [emphasis in the original] and sent it to the [NSA’s] secret room for further analysis.” Klein writes that the splitters actually “split off a percentage of the light signal [from the fiber optic circuits] so it can be examined. This is the purpose of the special cabinet… circuits are connected into it, the light signal is split into two signals, one of which is diverted to the ‘secret room.’ The cabinet is totally unnecessary for the circuit to perform—in fact, it introduces problems since the signal level is reduced by the splitter—its only purpose is to enable a third party [the NSA] to examine the data flowing between sender and recipient on the Internet.” (Emphasis in the original.) In his book, Klein will explain that “each separate signal,” after being split, “contains all the information, nothing is lost, so in effect the entire data stream has been copied.” He will continue: “What screams out at you when examining this physical arrangement is that the NSA was vacuuming up everything flowing in the Internet stream: email, Web browsing, voice-over-Internet phone calls, pictures, streaming video, you name it. The splitter has no intelligence at all, it just makes a blind copy.” Klein later explains to a reporter: “The signals that go across fiber optics are laser light signals. It’s light basically that runs through a fiber optic, which is a clear glass fiber, and it has to be at a certain level for the routers to see the light and interpret the data correctly. If the light gets too low, just as if you get a weak flashlight with bad batteries, at a certain point it doesn’t work. If the light level drops too low, the router starts dropping bits and getting errors, and eventually you get loss of signal, and it just doesn’t work at all.… The effect of the splitter is to reduce the strength of the signal, and that may or may not cause a problem, depending on how much the signal is reduced.” A telecommunications company would not, as a rule, use such a splitter on its backbone Internet traffic because of the risk of degraded signal quality. “You want to have as few connections on your main data lines as possible,” Klein will say, “because each connection reduces the signal strength, and a splitter is a connection, and if you can avoid that, all the better.”
Inherently Illegal - Klein will explain that there is no way these activities are legal: “There could not possibly be a legal warrant for this, since according to the Fourth Amendment, warrants have to be specific, ‘particularly describing the place to be searched and the persons or things to be seized.’ It was also a blatant violation of the 1978 Foreign Intelligence Surveillance Act [FISA—see 1978], which calls for specific warrants as required by the Fourth Amendment. This was a massive blind copying of the communications of millions of people, foreign and domestic, randomly mixed together. From a legal standpoint, it does not matter what they claim to throw away later in their secret rooms, the violation has already occurred at the splitter.” [AT&T, 12/10/2002; AT&T, 1/13/2003; AT&T, 1/24/2003; Wired News, 5/22/2006; PBS Frontline, 5/15/2007; Klein, 2009, pp. 37, 119-133]
The Narus STA 6400 - Klein discusses one key piece of equipment in the NSA’s secret room, the Narus STA 6400 (see Late 2003). Narus is a firm that routinely sells its equipment not only to telecom firms such as AT&T, “but also to police, military, and intelligence officials” (see November 13-14, 2003). Quoting an April 2000 article in Telecommunications magazine, Klein writes that the STA 6400 is a group of signal “traffic analyzers that collect network and customer usage information in real time directly from the message.… These analyzers sit on the message pipe into the ISP [Internet Service Provider] cloud rather than tap into each router or ISP device.” Klein quotes a 1999 Narus press release that says its Semantic Traffic Analysis (STA) technology “captures comprehensive customer usage data… and transforms it into actionable information… [it] is the only technology that provides complete visibility for all Internet applications.” The Narus hardware allows the NSA “to look at the content of every data packet going by, not just the addressing information,” Klein will later write.
A 'Dream Machine for a Police State' - Klein later writes of the Narus STA 6400: “It is the dream machine of a police state, one that even George Orwell could not imagine. Not only does it enable the government to see what millions of people are saying and doing every day, but it can build up a database which reveals the connections among social groups—who’s calling and emailing whom. Such a device can easily be turned against all dissident protest groups, and even the Democratic and Republican parties, with devastating effect. And it’s in the hands of the executive power, in total secrecy.” [AT&T, 12/10/2002; AT&T, 1/13/2003; AT&T, 1/24/2003; Wired News, 5/22/2006; Klein, 2009, pp. 37-40] In support of the memo and an ensuing lawsuit against AT&T (see January 31, 2006), Klein will later write: “Despite what we are hearing, and considering the public track record of this administration, I simply do not believe their claims that the NSA’s spying program is really limited to foreign communications or is otherwise consistent with the NSA’s charter or with FISA. And unlike the controversy over targeted wiretaps of individuals’ phone calls, this potential spying appears to be applied wholesale to all sorts of Internet communications of countless citizens.” [Wired News, 4/7/2006]
Sixty-two leading scientists, including Nobel Prize laureates, university chairs and presidents, and former federal agency directors, sign a joint statement protesting the Bush administration’s “unprecedented” politicization of science (see January 2004 and June 1, 2005). Over 11,000 scientists will add their names to the statement, disseminated by the Union of Concerned Scientists, in the coming years. “When scientific knowledge has been found to be in conflict with its political goals, the administration has often manipulated the process through which science enters into its decisions,” the scientists write. “This has been done by placing people who are professionally unqualified or who have clear conflicts of interest in official posts and on scientific advisory committees; by disbanding existing advisory committees; by censoring and suppressing reports by the government’s own scientists; and by simply not seeking independent scientific advice. Other administrations have, on occasion, engaged in such practices, but not so systematically nor on so wide a front. Furthermore, in advocating policies that are not scientifically sound, the administration has sometimes misrepresented scientific knowledge and misled the public about the implications of its policies.” [Union of Concerned Scientists, 2/18/2004; Savage, 2007, pp. 303-304]
A small antiwar movement emerges among parents, spouses and other relatives of active-duty, reserve, and National Guard troops. Some see this burgeoning organization as historic. A group called Military Families Speak Out, which will join in with marches and vigils at Dover Air Force Base, Walter Reed Army Medical Center, and the White House, claims that over 1,000 families have signed up online. Other military family members say they have never heard of the group but share the belief that the war is a “reckless military misadventure.” The most commonly stated cause for this conviction is the failure to find weapons of mass destruction. [Washington Post, 3/15/2004]
Environmental and animal rights activist Rod Coronado, long affiliated with both the Earth First! (see 1980 and After) and Animal Liberation Front (ALF) organizations (see 1995), and another activist, Earth First! member Matthew Crozier, attempt to prevent officials with the Arizona Game and Fish Department from capturing and killing mountain lions in Sabino Canyon near Tucson. Both will be charged with attempting to impede or injure an officer. [Anti-Defamation League, 2005]
Senior AT&T technician Mark Klein (see July 7, 2009) accepts a buyout package from his firm and retires. Klein, disheartened by the illegal AT&T/NSA wiretapping operation he has documented (see January 16, 2004), decides to keep the documents he has collected over the years (see Fall 2003 and Late 2003), the “hard proof” of the operation, he will later write, “in case there was some change in the political winds that would enable me to come forward and expose… the crimes which I knew were being committed.” [Klein, 2009, pp. 44]
The lobbying organization Citizens United (CU) runs a television advertisement featuring the father of a firefighter killed in the aftermath of the 9/11 attacks. The father, Jimmy Boyle, says in the ad: “On September 11, terrorists murdered nearly 3,000 Americans, including 346 firefighters, one of which was my son, Michael. I lost my son. I spoke to him that day. He went to work that morning, and he had died for a reason: because somebody hates America. And that day, George Bush became a leader, a war president.” CU is spending $100,000 to run the ad for a week in Ohio, Pennsylvania, West Virginia, Wisconsin, and Washington, DC. CU is led by Republican political operative David Bossie (see May 1998). [Washington Post, 5/11/2004; Media Matters, 5/11/2004]
The conservative lobbying and advocacy group Citizens United (CU) attempts to rebut a 60 Minutes appearance by former President Bill Clinton by buying television time to accuse Clinton of leaving the US unprepared for the 9/11 attacks. Clinton appears on the CBS newsmagazine to discuss his upcoming autobiography, My Life. In the book, Clinton says that CU president David Bossie (see May 1998) helped to create the Whitewater scandal that plagued his second presidential term and led to his impeachment by the Republican-led House of Representatives. Bossie has published a book, Intelligence Failure, blaming the Clinton administration for leaving the country vulnerable to the 9/11 attacks. Bossie recently told an interviewer that he has been working on “uncovering the truth” about the Clinton administration for a decade. “I am going to make sure people remember the facts, not just what he wants people to remember,” he said. Bossie’s organization runs a commercial in several markets listing a number of terrorist attacks during Clinton’s two terms, and accusing Clinton of leaving the nation unprepared for the 9/11 assault. The CU refutation is just one of a number of conservative attacks on Clinton over his book, possibly because Clinton shows signs of being willing to join Democratic presidential candidate John Kerry (D-MA) on the campaign trail. A number of conservatives are advising the Kerry campaign to keep its distance from Clinton. [New York Times, 6/21/2004]
David Bossie (see May 1998), the head of the conservative lobbying group Citizens United (CU), accuses liberal filmmaker Michael Moore of improper involvement in the presidential campaign of Senator John Kerry (D-MA). Moore and the production company Lions Gate have released a new documentary, Fahrenheit 9/11, that is highly critical of the Bush administration (see June 25, 2004). Bossie says the film’s commercials, airing on network and cable television, are little more than campaign commercials devised to attack President Bush and assist Kerry. One commercial shows Bush on the golf course, talking about terrorism. In the clip, Bush tells a group of reporters, “We must stop these terrorist killers,” then turns his back, hefts his golf club, and says, “Now watch this drive.” The New York Times writes that “[t]he scene is one of many featured in the film that paint the president as cavalier, cynical, and insincere in the war against terrorism.” Republicans have for the most part ignored the film until recently, when ads for the film began drawing what they consider unwarranted attention. Bossie says: “There’s only a very small percentage of Americans that are going to go and see this movie. A much larger number are going to be bombarded by these political ads run by Michael Moore, potentially all the way through the election.” CU has run ads supportive of Bush (see (May 11, 2004)). Bossie has filed a complaint with the Federal Election Commission (FEC) asking that agency to classify the film’s ads as political, and restrict their broadcast according to campaign finance law (see March 27, 2002 and December 10, 2003). The law says that if found to be political, the ads must not be aired within 30 days of the start of the Republican National Convention on August 30. Legal experts say the FEC is unlikely to rule on the complaint for months, and even if the agency finds the ads to be political, the film could qualify for an exemption from the restrictions for news and commentary. Tom Ortenberg of Lions Gate says, “If we are still running television ads [by July 30], we will make certain that they are in full compliance with any and all regulations.” If they must remove Bush from the ads to remain in compliance, Ortenberg says “we can market this film without him.” Ortenberg denies that the ads have any political agenda. [New York Times, 6/27/2004] After Lions Gate agrees not to show ads for the film after July 30, the FEC will dismiss the complaint (see August 6, 2004).
Wisconsin Right to Life logo. [Source: Dane101 (.com)]After the passage of the Bipartisan Campaign Reform Act of 2002 (BCRA—see March 27, 2002), also known as the McCain-Feingold law after its original sponsors, and the 2003 McConnell Supreme Court decision that upheld the law (see December 10, 2003), corporations and labor unions are prohibited from airing ads that attack candidates but avoid specific language that turns the ads from general commercials into “campaign” ads within 30 days of a primary election or 60 days of a federal election. Wisconsin Right to Life (WRTL) comes to anti-abortion and anti-campaign finance lawyer James Bopp Jr. (see November 1980 and After) with a dilemma. The WRTL wants to run ads attacking Senator Russ Feingold (D-WI), a powerful advocate of abortion rights, for his record of opposing President Bush’s judicial nominees. It intends to use the ads as campaign attack ads against Feingold, but skirt the BCRA’s restrictions by not specifically discouraging votes for him, thereby giving the appearance of “issue” ads and thusly not running afoul of the BCRA. Bopp is worried that the McConnell decision, just rendered, would make the Court reluctant to reverse itself so quickly. Bopp knows that the McConnell decision was in response to a broad challenge to the BCRA that argued the law was unconstitutional in all circumstances. Bopp decides to challenge the BCRA on behalf of the WRTL on narrower grounds—to argue that the specific application of the BCRA in this instance would violate the group’s First Amendment rights. He decides not to file a complaint with the Federal Election Commission (FEC) because of that agency’s notoriously slow response time, but instead files a preemptive challenge in court objecting to the BCRA’s ban on “issue advertisements” in the weeks before elections. Bopp is encouraged by the prospects of a court challenge that may wend its way to the Supreme Court, as the “swing” vote in McConnell was Justice Sandra Day O’Connor, who has been succeeded by the more conservative Samuel Alito (see October 31, 2005 - February 1, 2006). [New Yorker, 5/21/2012] Bopp will prove to be correct, as the Supreme Court will find in WRTL’s favor (see June 25, 2007).
Entity Tags: Russell D. Feingold, Federal Election Commission, Bipartisan Campaign Reform Act of 2002, George W. Bush, Samuel Alito, James Bopp, Jr, Wisconsin Right to Life, US Supreme Court, Sandra Day O’Connor
Timeline Tags: Civil Liberties, 2004 Elections
Richard Butler, the increasingly decrepit and infirm leader of what remains of the Aryan Nations (see Late 2000 - 2001), is propped up by about 40 of his followers on a lawn chair with a Confederate flag in the back of a pickup truck; he is then driven through a parade in downtown Couer d’Alene, Idaho. Human rights activists shout slogans at him as he slumps in the chair. He is 86 years old and will die in his sleep two months later. [Southern Poverty Law Center, 2010]
Conservative radio host Michael Savage unleashes a barrage of accusations against Democrats, while commenting on the ongoing Democratic National Convention. One topic of attention is voting. Savage lists the kinds of people he believes should be denied the vote: “people on welfare,” “people with less than 100 IQ,” and “illegal aliens.” He accuses Democrats of trying to influence the election by recruiting illegal aliens to vote, saying: “I’ll go down the list of people who should not have the right to vote. Let’s start with illegal aliens. Should they have the right to vote? Course they shouldn’t, but they do. They’re being courted by the Democrats as we speak.” There have been isolated instances of undocumented immigrants and non-citizens casting votes, but no state allows non-citizens of any stripe to vote in federal elections. A very small number of municipalities in Maryland and Massachusetts allow non-citizens to vote in local elections. Savage provides no evidence of the widespread voter fraud of which he accuses Democrats of enacting. [Media Matters, 7/28/2004]
The Federal Election Commission (FEC) dismisses the complaint “Citizens United v. Michael Moore and Fahrenheit 9/11.” The conservative lobbying group Citizens United (CU—see (May 11, 2004)) had complained to the Federal Election Commission (FEC) that liberal documentarian Michael Moore released a movie, Fahrenheit 9/11 (see June 25, 2004), that was so critical of the Bush administration that it should be considered political advertising. If the movie is indeed political advertising, under federal law it cannot be shown within 30 days before a primary election or 60 days before a general election. The FEC dismisses the complaint, finding no evidence that the movie’s advertisements had broken the law. The movie’s distributors, Lions Gate, assure the FEC that they do not intend to advertise the movie during the time periods given under the law. [Federal Election Commission, 8/6/2004; Moneyocracy, 2/2012] In the aftermath of the FEC decision, CU leaders Floyd Brown (see September 21 - October 4, 1988) and David Bossie will decide that they can do what Moore did, and decide to make their own “documentaries.” Bossie realized after Fahrenheit 9/11 aired that it, and the television commercials promoting it, served two purposes—attacking President Bush and generating profits. Having already conducted an examination of the career of former First Lady Hillary Clinton (D-NY), now a sitting senator with presidential aspirations, the organization will decide to make its first “feature film” about her (see January 10-16, 2008). [New Yorker, 5/21/2012]
Representative Heather Wilson (R-NM) writes a letter to US Attorney David Iglesias complaining about what she considers to be evidence of possible voter fraud in her district. She reports that an unusually large number of mailings from her office to newly registered voters are being returned as undeliverable. She asks Iglesias to “investigate whether these voter registrations were lawful and whether any organizations or groups are intentionally causing false voter registration forms to be filed with the county clerk.” Iglesias will not respond to Wilson’s letter until October 29, 2004, just days before the November elections, and will inform Wilson that he is referring her complaint to the FBI “for their review and possible action. The FBI will determine whether a federal investigation may be warranted.” Wilson will forward Iglesias’s response to her chief of staff with the handwritten comment: “What a waste of time. Nobody home at US Attorney’s Office.” Wilson will later state that she faults Iglesias for not pursuing her complaint in a timely manner. It is unclear whether she is aware of Iglesias’s Election Fraud Task Force, formed in September 2004 (see September 7 - October 6, 2004). The FBI will find that the undeliverable mailings referred to in Wilson’s complaints were returned because of incomplete addresses on voter registration cards (i.e. apartment numbers left out), errors by Wilson’s office in addressing the envelopes, or because the people mailings were sent to, usually college students, had since moved. The FBI will recommend, and the task force will concur, that no further investigation of Wilson’s complaints is warranted. [US Department of Justice, Office of the Inspector General, 9/29/2008] Wilson’s letter is spurred by New Mexico Republicans’ efforts to block ACORN (the Association of Community Organizations for Reform Now) from registering new voters in largely Hispanic and poor areas. The effort is being led by Matt Henderson, an Albuquerque resident and ACORN head organizer; under Henderson’s leadership, ACORN is registering thousands of new voters, whom Republicans in New Mexico and Washington, DC, correctly fear will vote largely Democratic. ACORN and other groups are battling Republican efforts to institute strict voter ID laws, which critics say will hinder poor, minority, and elderly voters from participating in elections. In 2000, the state had gone for Democrat Al Gore by a vanishingly small margin of 366 votes; both parties believe that the 2004 presidential election will be equally close. By August 2004, ACORN and other groups have signed up some 65,000 new voters in Bernalillo County, which encompasses Albuquerque. Sheriff Darren White is the person who allegedly found voter registration errors in some 3,000 forms filed with the Bernalillo County clerk, including forms lacking Social Security numbers, complete addresses, and the like. White, the chairman of the New Mexico Bush-Cheney re-election campaign, who proudly admits to being made chair in order to deliver Bernalillo County for Bush-Cheney, calls those errors evidence of massive and systematic voter fraud. He has already written to Iglesias, on August 5, asking that Iglesias investigate the “suspect” registration forms. Wilson’s letter to Iglesias comes less than two weeks after White’s letter. [Atlas, 2010, pp. 213]
A recently conducted Zogby poll shows that “half (49.3 percent) of New York City residents and 41 percent of New York citizens overall say that some [US] leaders ‘knew in advance that attacks were planned on or around September 11, 2001, and that they consciously failed to act.’” Further, despite the recent completion of the 9/11 Commission investigation, 66 percent of New York City residents and 56 percent of New Yorkers want to see another full investigation of the “still unanswered questions” regarding 9/11. [Zogby, 8/30/2004] The poll is commissioned by the activist group 911Truth.org and is the first US poll to ask such a question. The Washington Post is the only major US newspaper to mention the poll results, and only mentions them as an aside in a longer article. No New York newspapers mention the results. [Washington Post, 9/1/2004]
After the death of Aryan Nations leader Richard Butler (see July 2004), the organization, already deeply divided and dwindling in size and influence (see Late 2000 - 2001), splits into two rival factions. One is headed by August Kreis in Pennsylvania and the other by Jonathan Williams in Georgia. Kreis and Williams are divided in part over the issue of whether neo-Nazis can find common ground with Muslim terrorists based on their mutual hatred of Jews. In 2005, Kreis tells CNN, “And I want to instill the same jihadic feeling in our peoples’ heart, in the Aryan race, that they [jihadists] have for their father, who they call Allah.” Another Nations leader, Charles Juba, attempts to anoint organization “pastor” James Wickstrom (see 1969, 1984, and 2003) as the group’s chaplain. Wickstrom aligns himself with Juba’s breakaway faction, in what some believe is an attempt to claim leadership in Butler’s wake. Aryan Nations member Floyd Cochran, who will leave the group and renounce its racist teachings, will later say: “Jim Wickstrom has a certain stature in the racist movement—one Juba doesn’t have—and especially among the more religious, the biggest ones that are really into the Christian Identity aspect (see 1960s and After).… With the death of Richard Butler, the Christian Identity aspect of the movement is now more focused on Wickstrom.” Days after Butler’s death, Juba announced he was appointing Wickstrom “Chaplin” (sic) and said the group’s new slogan would be “No Jew left alive in 2005.” However, Wickstrom has powerful enemies within the movement, not the least because in 2003 he eloped with the wife of another Christian Identity preacher, his former friend and colleague Keith Kallstrom. In reaction, Kallstrom vowed to cut off Wickstrom’s head and place it on his mountain, and shortly thereafter was arrested after driving to Michigan from Oklahoma in a pickup truck loaded with firearms and grenades, in an apparent attempt to find and kill Wickstrom. Wickstrom never becomes a full-fledged leader of the group, and though he will continue to broadcast a weekly radio program over the Internet, he will experience a steady decline in his influence among Aryan Nations and other racist, white supremacist groups. Both Kreis’s and Williams’s factions will continue to slide into irrelevance, though Kreis will have some success recruiting members from motorcycle gangs in South Carolina. By 2010, the only remnants of the groups will be small individual cliques and their accompanying Web sites. [Southern Poverty Law Center, 12/2004; Southern Poverty Law Center, 2010; Southern Poverty Law Center, 2010]
The US Attorney’s Office (USAO) of New Mexico, headed by David Iglesias (see October 18, 2001), announces the formation of a state and federal task force to address the issue of voter fraud in the state. Iglesias forms the task force in part because of complaints by Republican lawmakers and state party officials about what they term “rampant” voter fraud in the state that is, they say, affecting elections (see August 17, 2004), and as a response to Attorney General John Ashcroft’s stated goal to ramp up voter fraud investigations throughout the nation. “It appears that mischief is afoot and questions are lurking in the shadows,” Iglesias tells local reporters.
'Suspicious' Registration Forms - According to Nancy Scott-Finan of the Justice Department’s Office of Legal Affairs, Iglesias opens the task force after hearing from Bernalillo County Clerk Mary Herrara, a Democrat, who wanted to discuss some 3,000 “suspicious resignations” with him. He has also received a letter from Bernalillo County Sheriff Darren White, a Republican, about “thousands” of “questionable” voter registrations—the same 3,000 “suspect” forms—turned in by voter-outreach groups working primarily on behalf of Democrats. (Iglesias was invited to take part in what New Mexico Republican Party Chairman Allen Weh called “the [New Mexico Republican P]arty’s voter fraud working group” a month ago, but declined. Weh forwarded the invitation to a number of prominent New Mexico Republicans, including Senator Pete Domenici, Representative Heather Wilson—see August 17, 2004—and others. Domenici’s chief of staff Steve Bell called the issue a “critical matter.” Iglesias did not join the group, and no evidence exists that the group was actually formed.) Iglesias wants to avoid the perception of partisanship in his task force, so aside from Republicans on his task force, he asks Secretary of State Rebecca Vigil-Giron (D-NM) to join; she assigns a member of her office to serve in the organization. Officials from the New Mexico Department of Public Safety (the state’s law enforcement agency), the US Veteran’s Administration Inspector General’s Office, the FBI, and the Justice Department’s Public Integrity Section (PIN) also agree to participate. Two days after the announcement, Iglesias announces that a voter fraud hotline for the task force has been activated, and says that all allegations of fraud will be thoroughly investigated. Rumaldo Armijo, Iglesias’s executive assistant, and two other Assistant US Attorneys are assigned to the task force.
New Mexico Republicans Critical of Task Force - However, some New Mexico Republicans complain that the task force’s bipartisanship renders it useless. Mickey Barnett, a powerful state Republican, writes an email to Iglesias informing him that “[m]ost of us think a task force is a joke and unlikely to make any citizen believe our elections and voter registrations are honest.” New Mexico attorney Patrick Rogers, another prominent state Republican, says of the State Department representative that he has “includ[ed] the target on the task force.” White, the co-chair of the Bush-Cheney re-election campaign in New Mexico who will later tell reporters he was brought on by the Bush-Cheney campaign in order to help win Bernalillo County, later says he would have preferred the USAO to investigate and prosecute cases without the involvement of state agencies, and he believed Iglesias’s concerns about bipartisanship to be misguided. Vigil-Giron will also question the task force, saying: “This is just an attempt to let people know that Big Brother is watching. It may well be aimed at trying to keep people away from the polls.” Iglesias meets with the task force members several times before the November 2 elections, and reminds them that Justice Department policy forbids his office from indicting people on voter fraud charges before upcoming elections, in order to avoid the perception that the indictments are being filed to impact the elections.
Almost All Complaints Minor, No Criminal Cases Developed - Almost all of the complaints received by the task force are quite minor—complaints of yard signs being stolen, harassing phone calls, and non-criminal registration issues. These complaints are forwarded to local election officials. Several more serious complaints, including the complaints from Republican lawmakers and state officials, are forwarded to either the FBI or the Department of Public Safety. Iglesias will say that when he began the task force, he thought it would develop cases worth prosecuting, but after months of work, he found that it was unable to develop a single criminal case. The task force will stop meeting after the November elections and will conclude its efforts in January 2005, but will not officially disband until 2006, after the FBI completes the last of its investigations. The Justice Department will recognize Iglesias’s task force as an example to other offices as to how voter fraud investigations should be handled, and Iglesias will give an address to a department-sponsored symposium on voter integrity (see October 2005). [Washington Post, 9/20/2004; US House of Representatives, Committee on the Judiciary, 4/13/2007 ; US Department of Justice, Office of the Inspector General, 9/29/2008; Atlas, 2010, pp. 213-216] On September 30, Senator Jeff Bingaman (D-NM) calls the Justice Department to ask about Iglesias’s task force. He speaks with Assistant Attorney General William Moschella. He says he is concerned about voter intimidation, and says he has heard no allegations of widespread voter fraud. He also says the local FBI told him the task force “was on thin ice,” apparently meaning that it is not finding anything of consequence. [US House of Representatives, Committee on the Judiciary, 4/13/2007 ]
Iglesias Refused 'Show Trials,' Says Reporter - Investigative reporter Greg Palast will say of Iglesias’s voter fraud task force: “That’s where Iglesias drew the line in the sand. He said a press conference is one thing, which he probably shouldn’t have done, but literally handcuffing innocent voters for show trials—and then, of course, then you drop the case later—that is one thing he absolutely was not going to do.” [Democracy Now!, 5/14/2007]
Entity Tags: Jeff Bingaman, William E. Moschella, Heather A. Wilson, David C. Iglesias, Darren White, Allen Weh, US Department of Justice, Greg Palast, Steve Bell, Rebecca Vigil-Giron, Nancy Scott-Finan, Mickey Barnett, Mary Herrara, New Mexico Republican Party, Pietro V. (“Pete”) Domenici, John Ashcroft, Rumaldo Armijo, Patrick Rogers
Timeline Tags: Civil Liberties
The DVD cover for ‘Celsius 41.11.’ [Source: Citizens United]The Federal Election Commission (FEC) refuses to allow the conservative lobbying and advocacy group Citizens United (CU) to advertise on television its upcoming film Celsius 41.11—The Temperature at Which the Brain Begins to Die, a documentary that the group intends as a refutation of the documentary Fahrenheit 9/11 (see June 25, 2004), a film by liberal documentarian Michael Moore that savaged the Bush administration’s handling of the 9/11 attacks. The FEC also refuses to allow CU to pay to run the film on television. The FEC bases its decision on the Bipartisan Campaign Reform Act of 2002 (McCain-Feingold—see March 27, 2002), and its restrictions on nonprofit groups such as CU using unregulated contributions to pay for “electioneering communications” to be shown within 60 days of a federal general election. CU would broadcast the film in late September, less than 60 days before the November 2 elections. CU argued, unsuccessfully, that it is a member of the news media and therefore can use a legal exemption provided for news, commentary, and editorial content. In a 4-0 vote, the FEC rejects the argument, saying that CU intends to buy air time instead of being paid to provide content, and that its primary function is as an advocacy group and not a film production organization. FEC vice chair Ellen L. Weintraub, one of the commission’s three Democrats, says: “You don’t want a situation where people are airing campaign commercials and they are exempt from commission rules because they are considered a media event. The danger is that the exemption swallows the rules.” CU president David Bossie (see May 1998) says he is “clearly disappointed” with the ruling, and adds, “They [the FEC] want to limit free speech, and that’s what this issue is about for us.” The company marketing Fahrenheit 9/11 was not allowed to run advertisements promoting the film within 60 days of the elections, and a CU complaint against that film was dismissed after its distributors promised not to air such advertisements (see August 6, 2004). CU has helped fund the publication of a book by Bossie attacking Democratic presidential candidate John Kerry (D-MA), and has released numerous documentaries attacking the Clinton administration and the United Nations. The current film contains some material attacking Kerry, though that material is not the primary focus of the film. Bossie says the group will attempt to show the film in theaters to paying audiences within a few weeks (see September 27-30, 2004). [New York Times, 9/9/2004; New York Times, 9/30/2004]
Entity Tags: Federal Election Commission, Bush administration (43), Bipartisan Campaign Reform Act of 2002, Citizens United, Clinton administration, John Kerry, Michael Moore, David Bossie, United Nations, Ellen L. Weintraub
Timeline Tags: Civil Liberties, Domestic Propaganda, 2004 Elections
US Attorney David Iglesias of New Mexico arranges for lawyer Patrick Rogers, a prominent Republican in the state, to meet with an FBI supervisory special agent assigned to work with Iglesias’s voter fraud task force (see September 7 - October 6, 2004).
Citation of 'Fraudulent' Registration - Rogers complains that large number of voter registration forms in the state are fraudulent and must be investigated. He cites the case of 13-year-old Kevin Stout, who received a voter registration card in the mail and apparently completed it. Police soon discovered that the card was the result of a forged voter registration form apparently filled out by Christine Gonzales, a former canvasser for the Association of Community Organizations for Reform Now (ACORN) who was being paid on a per-registration basis; that organization had identified Gonzales three months earlier, fired her, and reported her to the authorities. (Stout’s father is Republican activist Glen Stout, who contacted New Mexico Republicans before contacting law enforcement.) A federal judge refused Republican efforts to change the state registration laws in response to the ACORN issue, and as a result hundreds of presumably Democratic voters registered by ACORN retained their registrations. New Mexico Republicans are furious. Citing the Stout case, state Representative Joe Thompson (R-NM), who was one of the Republicans contacted by Glen Stout, displays Kevin Stout’s registration form to reporters and proclaims, “We have proof” of massive and systematic voter fraud in New Mexico. He announces a lawsuit he and Glen Stout will file against New Mexico’s Democratic Secretary of State, Rebecca Vigil-Giron. Rogers brings the Stout issue to Iglesias’s attention. Rogers’s colleague, lawyer and Republican activist Mickey Barnett, will later say that he and other Republicans hired a private investigator to identify and locate Gonzales, but the private investigator failed to find her.
Republicans Demand More Information on Voters before Elections - Four days later, Rogers tells Iglesias and Rumaldo Armijo, Iglesias’s executive assistant, in an email that because New Mexico Democrats are casting doubt on the validity of his voter-fraud claims, he wants to “dig up all past info” and asks if there is “any easy way to access the public info related to voter fraud from the [US Attorney’s Office] (public) files? Asap? Before Nov 2?” Rogers is referring to the date of the upcoming state and federal elections. (Barnett also sends emails demanding that Iglesias investigate the canvasser, whose identity he does not know.) Iglesias promises to look into Rogers’s request and “let you know what is publicly available.” Iglesias soon finds a case prosecuted in the early 1990s and provides Rogers with the public information about that case.
No Prosecutable Cases; Republicans Outraged - The FBI will later identify and interview Gonzales. Both Iglesias’s office and the Justice Department will find that there is insufficient evidence of criminal behavior in the matter to warrant her prosecution. Iglesias will later say that this case is the strongest one to come out of the entire task force’s proceedings, and even it does not meet the standard for criminal prosecution. New Mexico Republicans are frustrated, having intended to use the Gonzales case to further the Thompson/Stout lawsuit. Barnett complains that Iglesias “appoint[ed] a task force to investigate voter fraud instead of bringing charges against suspects.” Matt Henderson, ACORN’s lead organizer for New Mexico, tells reporters that the lawsuit is “no different from what was going on in the civil rights movement of the 1960s. This is about a set of people trying to stop another set of people from voting.” [US Department of Justice, Office of the Inspector General, 9/29/2008; Atlas, 2010, pp. 214-216]
Allegations Collapse under Scrutiny - Even before Iglesias begins his investigation, the allegations of voter fraud had begun to unravel. Several voters admitted accidentally filling out two registration forms. A large majority of the 3,000 “suspect” forms, upon examination, actually showed legitimate attempts by citizens to register to vote. On September 7, a district judge dismissed the suit against Vigil-Giron. ACORN member Yolanda Pena told the press of attempts to make false claims of voter fraud, and showed the press a copy of Kevin Stout’s registration card—it appeared to have been filled out by a child, not an ACORN worker, and seemed to have been done as a prank and not as an attempt to fraudulently register a young boy. “Instead of taking responsibility for this boy’s prank,” Pena told reporters, “the Republicans used it to try to ram a lawsuit through the courts that would have made it harder for minority voters to vote.… We are delighted that [the Republicans] lost in court. Their dirty tricks are racist and un-American.” Another ACORN representative tells reporters that he cannot understand why Gonzales’s name is on Kevin Stout’s registration form, as he had already fired Gonzales for altering other canvassers’ cards to falsely claim credit for having voters fill them out. Gonzales could not have helped Stout fill out his card or filled it out on his behalf.
Lawsuit in Response - New Mexico Republicans were enraged at the suit’s dismissal and the ACORN press conferences, and attempted to file a criminal suit against Henderson, alleging that he had broken the law by keeping photocopies of submitted registration forms. (In 2000, Henderson and ACORN chapters in New Mexico had indeed kept such photocopies. At the time, that was a legal practice. Since then, the law has been changed and ACORN, like other voter-registration groups, has ceased keeping those forms. Rogers will also insist that Iglesias file felony charges against Gonzales.) New Mexico Republicans will demand that Iglesias aggressively investigate Henderson and ACORN, charging Henderson with “perjury” and “suspect” practices (see September 23 - October 2004). Iglesias will later say of Gonzales, “It appeared that she was just doing it for the money.” [Atlas, 2010, pp. 215-216]
'Gin Up Voter Fraud Publicity' - In 2008, Iglesias will tell reporters that even though he found no evidence of voter fraud, he was ordered by the White House to, the reporters will write, “illegally prosecute baseless cases against innocent citizens, just to gin up voter fraud publicity.” Iglesias will say, “We took over 100 complaints” from New Mexico Republicans. “We investigated for almost two years, I didn’t find one prosecutable voter fraud case in the entire state of New Mexico.” Iglesias will blame his refusal to prosecute those cases for his 2006 firing (see December 7, 2006). “They were looking for politicized—for improperly politicized US Attorneys to file bogus voter fraud cases,” he will say. [Huffington Post, 10/28/2008]
Entity Tags: Joe Thompson, David C. Iglesias, Christine Gonzales, Association of Community Organizations for Reform Now, Glen Stout, Federal Bureau of Investigation, Yolanda Pena, Rumaldo Armijo, Patrick Rogers, US Department of Justice, Matt Henderson, Kevin Stout, Mickey Barnett, Rebecca Vigil-Giron
Timeline Tags: Civil Liberties
New Mexico Republicans hammer US Attorney David Iglesias (see October 18, 2001) with demands to investigate what they perceive to be a blizzard of voter fraud cases. Iglesias has just established an election fraud task force to look into such allegations (see September 7 - October 6, 2004). On September 23, the executive director of the New Mexico Republican Party, Greg Graves, asks Iglesias to investigate the alleged theft of Republican voter registration forms from the office of a voter registration organization. On September 29, prominent New Mexico Republican Patrick Rogers sends an email to Iglesias and over 20 people associated with the New Mexico Republican Party, including staff members for Senator Pete Domenici (R-NM), Representative Heather Wilson (R-NM—see August 17, 2004), and state party chairman Allen Weh. Rogers calls for Republicans on the state and federal levels to use “voter fraud” as what he calls a “wedge issue” to influence the upcoming elections. Rogers writes in part: “I believe the [voter] ID issue should be used (now) at all levels—federal, state legislative races and Heather [Wilson]‘s race.… You are not going to find a better wedge issue.… I’ve got to believe the [voter] ID issue would do Heather more good than another ad talking about how much federal taxpayer money she has put into the (state) education system and social security.… This is the single best wedge issue, ever in NM. We will not have this opportunity again.” Referring to previous complaints he has registered with Iglesias’s office about alleged voter fraud perpetrated by an Association of Community Organizations for Reform Now (ACORN) worker (see September 15-19, 2004), Rogers writes: “Today, we expect to file a new Public Records lawsuit, by 3 Republican legislators, demanding the Bernalillo county clerk locate and produce (before Oct 15) ALL of the registrations signed by the ACORN employee.” On September 24, Weh sends Iglesias and a number of Republican figures an email about voter fraud allegations that says in part: “We are still waiting for US Attorney Iglesisas [sic] to do what his office needs to do to hold people accountable, and have informed him that doing it after the election is too late. I have copied him on this email for his info.” He sends an email to Iglesias that reads in part, “Vote fraud issues are intensifing [sic], and we are looking for you to lead.” On October 21, Graves sends Iglesias a copy of a complaint to the Bernalillo County Clerk asking that the Republican Party be allowed to inspect ACORN voter registration cards allegedly found during a drug raid. Weh continues to send emails to Iglesias about pursuing voter fraud allegations throughout the month of October, reminding him in one email, “The game clock is running!” [US Department of Justice, Office of the Inspector General, 9/29/2008] In 2008, Iglesias will write that he investigated each allegation, and, with the concurrence of the FBI and the Justice Department, found no prosecutable charges. “Being close doesn’t count in prosecutions where the government has to prove its case beyond a reasonable doubt,” he will write. “The facts did not support what the law required.” However, he will write, it is easy for partisan Republicans to conclude that he is unwilling to aggressively pursue voter fraud cases. It is not long, he will write, before he begins hearing “the rumblings of a whispering campaign among Republican operatives giving voice to their discontent.” [Iglesias and Seay, 5/2008, pp. 87] In 2007, investigative reporter Greg Palast will explain how the process worked. He will say that Republican operatives gave Iglesias and his office “110 names. They wanted them, for example, to arrest some guy named, say, roughly, if I remember, like Juan Gonzalez, and say he voted twice, stealing someone’s ID. Well, in New Mexico there may be two guys named Juan Gonzalez. So Iglesias just thought this was absolute junk, absolute junk stuff, and he wouldn’t do it. So it’s all about trying to create a hysteria about fraudulent voting.” [Democracy Now!, 5/14/2007]
The conservative lobbying and advocacy group Citizens United (CU) releases a documentary intended as a refutation of the popular documentary, Fahrenheit 9/11 (see June 25, 2004), a film by liberal documentarian Michael Moore that savaged the Bush administration’s handling of the 9/11 attacks. The CU film is entitled Celsius 41.11—The Temperature at Which the Brain Begins to Die. CU spent six weeks making the film, and is releasing it in small venues around the nation after the Federal Election Commission (FEC) denied the organization permission to broadcast it on television (see September 8, 2004). (In August, the FEC dismissed a complaint against Moore over Fahrenheit 9/11 filed by CU—see August 6, 2004.) The slogan for the movie is “The Truth Behind the Lies of Fahrenheit 9/11!” The movie was written and produced by Lionel Chetwynd, who has written and produced a number of Hollywood feature films and documentaries. Chetwynd, a vocal conservative, produced the September 2003 “docudrama” 9/11: Time of Crisis, which portrayed President Bush as a near-action hero during and after the 9/11 attacks, and took significant liberties with the actual events (see September 7, 2003). Of this film, Chetwynd says: “We could have gone wall to wall with red meat on this, but we purposely didn’t. The cheap shots may be entertaining in Moore’s film, but we wanted to make the intellectual case and go beyond lecturing to the converted.” New York Times reporter John Tierney describes the movie as overtly intellectual, sometimes appearing more as a PowerPoint presentation than a film made to appeal to a wider audience. It features a point-by-point defense of Bush’s actions during the 9/11 attacks, and features “politicians, journalists, and scholars discoursing on the legality of the Florida recount in 2000, the Clinton administration’s record on fighting terrorism, and the theory of American exceptionalism.” There are a few “red meat” moments, Tierney notes, including the juxtaposition of the Twin Towers burning as Moore says in a voiceover, “There is no terrorist threat.” It also includes a few slaps against Democratic presidential candidate John Kerry (D-MA), mostly in the form of a country song where the singer Larry Gatlin sings, “John boy, please tell us which way the wind’s blowing,” a reference to the Bush campaign’s attempt to portray Kerry as a “flip-flopper” who goes back and forth in his views on various issues. The Georgetown premiere of the movie attracts some 300 viewers, almost all Republicans, according to Tierney. The audience, according to Tierney, views the film as more “thoughtful and accurate” than Moore’s film, and unlikely to make anywhere near the profits the earlier film garnered. Chetwynd says he resisted the temptation to launch an all-out assault on Kerry “the way that Moore did with Bush.” Filmgoer Jerome Corsi, who has written a bestselling book attacking Kerry’s Vietnam record, praises the film, as does Debra Burlingame, whose brother was the pilot of the airplane that was flown into the Pentagon on the morning of September 11, 2001 (see 8:51 a.m.-8:54 a.m. September 11, 2001). Burlingame, a founder of a group of 9/11 victim relatives that supports Bush, says: “Michael Moore actually used footage of the Pentagon in flames as a sight gag. It was really hard to sit there in the theater listening to people laugh at that scene knowing my brother was on that plane. I wish more people would see this film instead.” [New York Times, 9/30/2004] In October, the Washington Post’s Philip Kennicott will dismiss the film as “generat[ing] heat but no new light,” calling it “sad in a sad sort of way… dull, lazy, and inconsistent,” and suffused with an “unabashed idolatry of the Great Leader (in this case, George W. Bush)” in the same way that Nazi propagandist Leni Riefenstahl made her documentaries (he wonders, “Has the conservative worldview really been reduced to a slavish worship of authority?”). Kennicott will ask if the film is an attempt to refute Moore’s documentary or an “overlong attack ad on John Kerry,” and concludes that the film is little more than a combination of “dreadful political advertisements and dreadful political talk shows.” [Washington Post, 10/22/2004] TV Guide’s Maitland McDonagh will call the film a “shrill, repetitive screed” obviously released just in time to influence the 2004 presidential election, and bearing “all the hallmarks of having been thrown together in a heated rush.” [TV Guide, 10/2004]
Entity Tags: Jerome Corsi, Debra Burlingame, Clinton administration, Citizens United, Bush administration (43), George W. Bush, Philip Kennicott, Lionel Chetwynd, Federal Election Commission, Larry Gatlin, Leni Riefenstahl, John Tierney (New York Times), Maitland McDonagh, John Kerry, Michael Moore
Timeline Tags: Civil Liberties, Domestic Propaganda, 2004 Elections
Chad Staton of Defiance County, Ohio, is charged with filling out 124 fictitious voter registration forms, some using the names of celebrities and fictitious characters, including Michael Jackson (the pop singer), Jeffrey Dahmer (the famous serial killer), and Disney character Mary Poppins. Staton was hired by Toledo resident Georgianne Pitts to collect legitimate voter registration forms from unregistered voters. Instead, he filled the forms out himself, according to Sheriff David Westrick. Deputies also allege that Staton was paid in crack cocaine instead of in cash, after a search of his house turned up drug paraphernalia and blank voter registration forms; Westrick says Pitts admitted paying Staton in crack cocaine. Staton is charged with a felony, false registration. Pitts says she was recruited by Thaddeus Jackson, the assistant Ohio director of the NAACP National Voter Fund (NVF). Greg Moore, the executive director of the NVF, says the organization is “shocked” by the allegations and welcomes the investigation. “We believe anyone violating the law hurts the credibility of NVF and more importantly the thousands of hard-working men and women who are legally registering people to vote,” he says, adding that he hopes the allegations do not damage the reputation of other “volunteers and canvassers who have worked tirelessly to enfranchise the disenfranchised throughout the year.” Jackson says Pitts is a volunteer for the NVF, and that he knew nothing of the allegations until he was told of them by a reporter from the Toledo Blade. Westrick says his office was alerted to the problematic forms after a complaint was filed by the Defiance County Board of Elections. The handwriting on the forms was too similar, officials thought, and some of the addresses did not seem legitimate. The names were the giveaway, Westrick says. “Mary Poppins hasn’t voted here in a long time. Michael Jackson hasn’t. Those were some of the fictitious names,” he says. Within hours of Staton’s arrest, the Ohio Republican Party issues a statement claiming “the effort to steal Ohio’s election is under way, and it’s being driven exclusively by interest groups working to register Democrat voters.” The NVF has submitted over 80,000 legitimate voter registration forms. Staton’s fraudulent forms are around 0.15 percent of the total number of NVF forms submitted. The Ohio Democratic Party states that it does not condone registration fraud; a spokesperson says that of the 500,000 forms submitted for newly registered voters, “the vast, vast majority are clearly eligible voters who did the right thing.” The NVF has been accused of submitting fraudulent registration forms in the past. The Blade notes that a Republican organization, Voters Outreach of America, destroyed voter registration forms its volunteers collected from Democratic voters in Nevada and Oregon. [CNN, 10/19/2004; Toledo Blade, 10/19/2004]
Entity Tags: Ohio Republican Party, Defiance County Board of Elections, David Westrick, Chad Staton, Georgianne Pitts, Ohio Democratic Party, Greg Moore, NAACP National Voter Fund, Thaddeus Jackson, Toledo Blade, Voters Outreach of America
Timeline Tags: Civil Liberties, 2004 Elections
Conservative Washington Post columnist George Will claims that documented voter fraud took place in the 2002 Wisconsin gubernatorial campaign, when a Democratic candidate’s campaign attempted to buy the votes of a group of mentally challenged citizens (see October 22-31, 2002). Will cites a new book, Stealing Elections, by John Fund, as his source. For his part, Fund cites an unsigned Wall Street Journal op-ed as his source in the book. Fund served on the Wall Street Journal editorial staff in 2002, and may well have written the editorial himself. Neither Fund nor Will reveal to their readers that the voter fraud allegations were found baseless (see November 2, 2002). According to Fund’s book as quoted by Will, a local television station “filmed Democratic campaign workers handing out food and small sums of money to residents of a home for the mentally ill in Kenosha, after which the patients were shepherded into a separate room and given absentee ballots.” Fund’s description is almost entirely inaccurate, as documented by local news stories that followed the initial reporting. [Washington Post, 10/24/2004; Media Matters, 10/25/2004]
Bar graph based on Duval County caging list. [Source: RangeVoting (.org)]Investigative reporter Greg Palast claims on a BBC Newsnight broadcast that the Bush presidential re-election campaign has a plan to disrupt voting in Florida during the November 2004 presidential elections. The BBC says it has two emails prepared for the executive director of the Bush campaign in Florida and the campaign’s national research director in Washington that contain a 15-page “caging list” of voters, predominantly African-American and likely Democratic voters, residing in and around Jacksonville, Florida. Voting rights expert Robert F. Kennedy Jr. will later explain “caging” to Palast: “Caging is an illegal way of getting rid of black votes. You get a list of all the black voters. Then you send a letter to their homes. And if the person doesn’t sign it at the homes, the letter then is returned to the Republican National Committee. They then direct the state attorney general, who is friendly to them, who’s Republican, to remove that voter from the list on the alleged basis that that voter does not live in the address that they designated as their address on the voting application form.” A Tallahassee elections supervisor, Ion Sancho, tells a BBC reporter, “The only possible reason why they would keep such a thing is to challenge voters on election day.” He says that under Florida law, operatives from political parties can station themselves inside polling stations and stop voters from obtaining a ballot; such “caged” voters would then have to complete a “provisional” ballot that may well not be counted. Mass challenges of this nature have never occurred in Florida, Sancho says. No challenges have been issued against voters “in the 16 years I’ve been supervisor of elections.” He continues, “Quite frankly, this process can be used to slow down the voting process and cause chaos on election day; and discourage voters from voting.” Sancho says it is “intimidation,” and it may well be illegal. Civil rights attorney Ralph Neas says US federal law bars challenges to voters, even if there is a basis for the challenge, if race is a factor in targeting voters. The “caging list” of Jacksonville-area voters contains a disproportionately large number of black voters. Republican spokespersons deny that the list is illegal, and say it merely records returned mail from either fundraising solicitations or returned letters sent to newly registered voters to verify their addresses for purposes of mailing campaign literature. Republican state campaign spokeswoman Mindy Tucker Fletcher says the list was not compiled “in order to create” a challenge list, but refuses to say it would not be used in that manner. Republican poll watchers will, she says, challenge voters “[w]here it’s stated in the law.” No one in the Florida Republican Party or the Bush campaign will explain why top officials in the Bush campaign have received the caging list. Palast’s colleagues have captured on film a private detective filming every “early voter” in a Jacksonville precinct from behind a vehicle with blacked-out windows; the detective denies knowing who paid for his services. Representative Corinne Brown (D-FL) says the surveillance is part of a Republican-orchestrated campaign to intimidate black voters. [Greg Palast, 10/26/2004; Democracy Now!, 5/14/2007] Palast later writes that many of the black voters affected by the caging list are veterans.
Methodology - He will write: “Here’s how the scheme worked: The RNC mailed these voters letters in envelopes marked, ‘Do not forward,’ to be returned to the sender. These letters were mailed to servicemen and women, some stationed overseas, to their US home addresses. The letters then returned to the Bush-Cheney campaign as ‘undeliverable.’ The lists of soldiers with ‘undeliverable’ letters were transmitted from state headquarters, in this case Florida, to the RNC in Washington. The party could then challenge the voters’ registration and thereby prevent their absentee ballots being counted. One target list was comprised exclusively of voters registered at the Jacksonville, Florida, Naval Air Station. Jacksonville is the third largest naval installation in the US, best known as home of the Blue Angels fighting squadron.” Over one million provisional ballots cast in the 2004 race were never counted. “The extraordinary rise in the number of rejected ballots was the result of the widespread multi-state voter challenge campaign by the Republican Party,” he will write. “The operation, of which the purge of black soldiers was a small part, was the first mass challenge to voting America had seen in two decades.” Palast will say that the BBC had more than the two emails it used for its Newsnight report. He will also identify the sender as Timothy Griffin, the RNC’s national research director, and the recipients as Florida campaign chairman Brett Doster and other Republican leaders. “Attached were spreadsheets marked, ‘Caging.xls.’ Each of these contained several hundred to a few thousand voters and their addresses. A check of the demographics of the addresses on the ‘caging lists,’ as the GOP leaders called them indicated that most were in African-American majority zip codes.” Palast will report that one Republican official, Joseph Agostini, explained that the list may have been of potential Bush campaign donors, a claim that is undermined by the list’s inclusion of a number of residents of a local homeless shelter. Fletcher will later claim that the list contains voters “we mailed to, where the letter came back—bad addresses,” but will not say why the list includes soldiers serving overseas whose addresses would obviously not be correct. Fletcher will insist that it “is not a challenge list.… That’s not what it’s set up to be.” [Greg Palast, 6/16/2006; In These Times, 4/16/2007] US Attorney David Iglesias of New Mexico will later say of the practice: “That’s a terrible practice. If it’s not illegal, it should be. I hope Congress fixes that, that problem. It’s when you send voter information to a group of people that you have reason to believe are no longer there, such as military personnel who are overseas, such as students at historically black colleges. And then, when it comes back as undeliverable, the party uses that information to remove that person from the voter rolls, claiming that they’re no longer there.… It’s a reprehensible practice. I had never heard of the phrase until after I left office.” [Democracy Now!, 6/4/2008]
Griffin Sent Memos to Wrong Email Address - Palast later reveals his source for the caging list spreadsheet to be an error made by Griffin. In August 2004, he sent a series of confidential memos to a number of Republican Party officials via emails. Griffin mistakenly sent the emails to addresses at georgewbush.org and not georgewbush.com, as he should have. The georgewbush.org address is owned by satirist John Wooden, who sent them to Palast at BBC Newsnight. Palast will write: “Griffin’s dozens of emails contained what he called ‘caging lists’—simple Excel spreadsheets with the names and addresses of voters. Sounds innocent enough. But once the addresses were plotted on maps—70,000 names in Florida alone—it became clear that virtually every name was in a minority-majority voting precinct. And most of the lists were made up of itinerant, vulnerable voters: students, the homeless, and, notably, soldiers sent overseas.” [In These Times, 4/16/2007]
GOP: Palast, Sancho Wrong, Biased - Fletcher responds to the BBC story with an email to Newsnight editor Peter Barron claiming that Palast is ignorant of the laws and practices surrounding elections, and calls Sancho “an opinionated Democrat” who does not supervise the area in question. Such “caging lists” are commonly used, she says, and are entirely legal. Palast mischaracterized the nature and use of caging lists, she says. Moreover, the list is composed of returned mailings sent by the Republican National Committee to new registrants in Duval County (which includes Jacksonville) encouraging recipients to vote Republican. “The Duval County list was created to collect the returned mail information from the Republican National Committee mailing and was intended and has been used for no purpose other than that,” she says. Palast erred in “insinuat[ing]” that the list would be used for challenging voters, “and frankly illustrates his willingness to twist information to suit his and others’ political agenda. Reporting of these types of baseless allegations by the news media comes directly from the Democrats’ election playbook.” She then accuses the Association of Community Organizations for Reform Now (ACORN) of “massive fraud efforts” on behalf of “the Kerry campaign and the Democrats.” Many registered voters in Duval County “do not have valid addresses,” she says, implying that such voters may be subject to challenges. She concludes, “In a year when reporters are under heavy scrutiny for showing political leanings toward the Democratic Party, I would think that your new[s] organization would take greater care to understand the facts and use sources that will yield objective information, rather than carry one party’s political agenda.” [BBC, 6/4/2008]
Entity Tags: Association of Community Organizations for Reform Now, Florida Republican Party, Brett Doster, Bush-Cheney re-election campaign 2004, Corrine Brown, David C. Iglesias, Robert F. Kennedy Jr., Greg Palast, Ralph G. Neas, John Wooden, J. Timothy Griffin, Ion Sancho, Republican National Committee, Joseph Agostini, County of Duval (Florida), Peter Barron, Mindy Tucker Fletcher
Timeline Tags: Civil Liberties
On the evening of Election Day, Bush political chief Karl Rove appears on Fox News’s Hannity and Colmes to discuss his predictions for the elections and his observations on the day’s voting. After predicting comfortable margins of victory for President Bush, co-host Sean Hannity turns to allegations of voter fraud and efforts by Republicans to monitor votes in Ohio and other states. In Ohio, Rove says, Republicans have poll watchers on hand “in order to challenge people who are fictitious voters or felons, ineligible to vote, or people who have registered multiple times.… And we know particularly in Ohio, but in a lot of the other key battleground states, there has been a lot of voter registration fraud. We don’t want that to turn into voter fraud on Election Day.” He cites the NAACP as an organization engaging in voter fraud, and says one NAACP vote registrar registered 100 illegitimate names and was paid for his work in crack cocaine. Rove gives no evidence for this sensational claim. Hannity cites unverified stories of felons illegally voting in Florida, and Rove adds an unverified story of workers for the Association of Community Organizations for Reform Now (ACORN) bringing a sheaf of absentee ballots out of a prison in Pennsylvania and “attempting to vote them.” Absentee ballots have to be mailed personally in Pennsylvania and, Rove says, the actions by the ACORN workers to put the prisoners’ ballots into the mail were illegal. [Fox News, 11/2/2004] It is unknown where Rove obtained his information. No news reports of these incidents can be found.
Citizens for a Sound Economy (CSE), an “astroturf” advocacy organization funded by the Koch brothers (see 1984 and After), is accused of breaking campaign laws to support the Bush re-election campaign. Oregon’s CSE branch had attempted to get consumer advocate Ralph Nader on the presidential ballot, in an attempt to dilute Democratic support for presidential candidate John Kerry (D-MA). Critics argue that it is illegal for a tax-exempt organization such as CSE to donate its services for partisan purposes. The Federal Election Commission (FEC) dismisses a complaint brought against the organization. [New Yorker, 8/30/2010]
Harold Ickes. [Source: Politico]After the loss of presidential contender John Kerry (D-MA), Democratic media consultant Harold Ickes and a team of media and technology consultants begin building what becomes known as “Catalyst,” a database on some 200 million Americans containing information about their voting intentions, stances on issues, relative income levels, family structures, and the times they could best be contacted via telephone or “cold call” visits. Catalyst, created at a cost of some $15 million, is based on a model called VoterVault that the George W. Bush campaign had used in 2000 and again in 2004. It is a for-profit business and putatively independent of party alliance, though it will be used to great effect by the 2008 presidential campaign of Senator Barack Obama (D-IL). It will remain independent because if it is owned by a political party, it is subject to campaign laws. Just as VoterVault was putatively independent but worked exclusively with the Bush campaigns and the Republican Party, Catalyst works exclusively with Democratic campaigns. Catalyst depends entirely on publicly and commercially available voter information, and has no means of user interaction. [The Kernel, 12/19/2011]
US Attorney John McKay of the Western District of Washington State (see October 24, 2001) is told by Tom McCabe of the Building Industry Association of Washington (BIAW) that the recounts in the disputed gubernatorial race for Washington State between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see November 2-30, 2004) revealed forged signatures on provisional ballots. McKay informs Craig Donsanto, the head of the election crimes branch of the criminal division’s public integrity section in the Justice Department, and asks Donsanto if his office can open a federal investigation if the allegations only involve a state election. Donsanto advises McKay to take no action until election authorities certify the winner and any court cases stemming from the election have run their course. McKay disagrees with Donsanto’s advice, and directs the FBI to open a preliminary inquiry into the allegations. FBI agents interview McCabe, but neither McKay nor the FBI take further action because the election is not yet certified. McKay advises McCabe to provide any evidence he might have of voter fraud to the local prosecutor, because the complaint involves a state race. When the race is certified in Gregoire’s favor on December 30, cases are immediately filed in state court challenging the results. [US Department of Justice, Office of the Inspector General, 9/29/2008] Around this same time, McKay receives a telephone call from Chris Vance, the chair of the Washington Republican Party, asking about the investigation. McKay cites the prohibition against revealing information concerning an ongoing investigation and refuses to answer Vance’s questions (see Late 2004 or Early 2005). McCabe soon decides that McKay is not pursuing the fraud allegations quickly enough and begins pressuring the White House to fire him (see Late 2004 and July 5, 2005). McKay allows Justice Department agents to examine what he will call the “so-called evidence,” and will recall one agent “laugh[ing] out loud” because the evidence was “that flimsy.” He will recall that he could find no framework to follow in pursuing voter fraud cases. “I was looking for a benchmark,” he will say. “The impression I got [from the Justice Department] was that I should make it up as I went along. The preference, at least as it was expressed from the attorney general’s office, was simply to file as many such cases as possible. I wasn’t willing to do that, certainly not in the gubernatorial race.… [W]as there a conspiracy to steal the election? Absolutely not.” [Iglesias and Seay, 5/2008, pp. 134-135]
Christine Gregoire (D-WA), declared the loser in her gubernatorial race against Dino Rossi (R-WA) by a mere 42 votes (see November 2-30, 2004), is shown to be the winner after a full recount. On December 23, 2004, Gregoire is certified to have gained 919 votes in the recount, and Rossi gained 748, giving Gregoire a 129-vote lead. The State Legislature certifies the vote, and Gregoire is sworn in as governor on January 12, 2005. [Washington Secretary of State, 12/23/2004; Seattle Times, 12/30/2004; HistoryLink (.org), 6/7/2005] 1,555 votes in Democratic stronghold King County were initially not counted, 573 of them because their signatures had not been entered into the computer database. It is certain that these 573 votes were improperly rejected, and perhaps many of the others as well, the King County Elections Board determines. The error comes to light when Larry Phillips, chairman of the Metropolitan King County Council, discovers that his vote was disqualified. His request to find out why he was disqualified leads to the discovery of the 573 uncounted votes. Republican Party chairman Chris Vance says of the findings that he and his fellow Republicans are now “absolutely convinced that King County is trying to steal this election.… There are Republicans urging us to organize mass protests, to take to the streets. At some point people’s patience just runs out.” He adds: “It’s either gross incompetence or vote fraud. I guess we should just keep expecting King County to find votes until they find enough.” Republicans accuse state Democrats of attempting to rewrite Washington’s election laws to ensure Gregoire is named the victor. [Seattle Times, 12/14/2004; Seattle Times, 12/14/2004] As many as 162 absentee ballots in King County were “misplaced” and not counted. King County Elections Director Dean Logan said before the recount was complete that “we knew as fact” those voters were improperly disenfranchised. [Seattle Times, 12/17/2004] King County Republican Dan Satterberg, a member of the King County Canvassing Board, says: “We’re determining the validity of votes and ballots one at a time.… It reminds me of when I would umpire Little League games. You never want the umpire’s call to make the decision in the game.” Satterberg attempts to block the counting of disputed absentee ballots, but is outvoted by the canvassing board’s two Democratic members. The State Supreme Court reverses a lower court ruling and allows the absentee ballots to be counted in the larger totals. On December 21, just before the vote totals are announced and Gregoire is named the winner, some 350 protesters gathered in front of the Supreme Court building, demanding that Rossi be named the winner, accusing the Gregoire campaign of orchestrating a systematic voter fraud effort, and comparing Washington State to Ukraine, a nation whose recent elections were marred by massive voter fraud. The rally was sponsored by a conservative talk radio station. [Associated Press, 12/22/2004; Seattle Times, 12/23/2004] Washington State Republicans file a lawsuit challenging the recount and demanding that Rossi be sworn in as governor, citing as evidence their claims that hundreds of convicted felons voted without going through the procedure to have their civil rights restored. They also claim a raft of other irregularities benefited Gregoire, particularly in the Democratic stronghold of King County, and will challenge 1,678 votes cast as “illegal” and “fraudulent.” [HistoryLink (.org), 6/7/2005] Rossi will demand a new election (see December 29-30, 2004), a demand that will not be honored (see February 4, 2005).
Real-estate mogul Dino Rossi (R-WA), who was declared the loser in the 2004 Washington State gubernatorial race by a mere 129 votes (see December 23, 2004 - January 12, 2005), demands that the entire result be thrown out and a new election held. “Quite frankly, folks, this election has been a total mess,” he says. Secretary of State Sam Reed (R-WA), who certified Christine Gregoire (D-WA) as the legitimate governor, responds, “I do not feel like this has been a botched election.” He says the election process had been fair, but adds, “I would not say I think somebody ought to be conceding at this point.” Rossi can contest the election, Reed says. Rossi says if a court finds in his favor, he would argue for an entirely new election as opposed to the court or the legislature deciding the outcome. “The people have a right to decide who their next chief executive officer is for the state of Washington, if we end up with an election set aside,” he says. Rossi urges Gregoire to join him in calling for a new election in the interest of comity and voter confidence. If she takes the position after the recounts, Rossi says, her tenure will be “shrouded in suspicion.” To head that off, he says, “[a] revote would be the best solution for the people of our state and would give us a legitimate governorship.” Gregoire’s spokesperson Morton Brilliant says Gregoire is not considering such an action. “This ain’t golf,” he says. “No mulligans allowed here, folks.” Washington Democrats call Rossi’s request “ridiculous” and “hypocritical.” Kirsten Brost of the Washington Democratic Party says: “In the same breath, Dino Rossi says a drawn-out process would hurt Washington state and then he asks for another election. He wants to spend $4 million of taxpayer money for a new election because he doesn’t like the results.” State law does not allow for a revote, but Reed says it could happen if a court or the state legislature orders one. Rossi says that if his and Gregoire’s positions were reversed, he would welcome a new election. “I would not want to enter office with so many people viewing my governorship as illegitimate,” he says. Former Secretary of State Ralph Munro (R-WA) originally called for a revote, saying the current election count had been bungled so badly no one had confidence the votes were counted accurately. Munro is the chairman of Votehere Inc., a company that manufactures a “safe and secure” voter tallying system. Munro denies trying to drum up business for his firm, and says that if such a revote were held, he would not care who won. [Seattle Times, 12/30/2004]
Washington State businessman Tom McCabe, the executive vice president of the Building Industry Association of Washington (BIAW) and a prominent Republican activist, is angered by what he considers “voter fraud” in the disputed gubernatorial election between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see December 23, 2004 - January 12, 2005). He is further frustrated by what he considers the reluctance by Republican John McKay (see October 24, 2001 and Late 2004 or Early 2005), the US Attorney for Western Washington, to pursue the allegations. McCabe repeatedly contacts the White House to demand McKay’s firing. McKay will later say, “There was no evidence, and I am not going to drag innocent people in front of a grand jury.” McCabe told McKay he had evidence of forged signatures on absentee ballots cast for Gregoire (see December 2004), and attempted to persuade the FBI to launch an investigation. Neither McKay nor the FBI will be convinced by McCabe’s evidence (see January 4, 2005). Of McKay’s refusal to pursue the allegations, McCabe later recalls, “It started me wondering whether the US Attorney was doing his job.” McKay later says that the FBI concluded that the ballots cited by McCabe were not forgeries. [Seattle Times, 3/13/2007; Talking Points Memo, 2011]
John McKay, the US Attorney for Western Washington State (see October 24, 2001), receives a telephone call from Chris Vance, the state’s Republican Party chair. Vance is unhappy with the results of the Washington gubernatorial election between Christine Gregoire (D-WA) and Dino Rossi (R-WA); Rossi was initially declared the winner, but Gregoire forced a recount and was declared the winner, a declaration Vance and state Republicans are disputing (see December 23, 2004 - January 12, 2005). Vance will later say he feels it necessary to call McKay as a fellow Republican. He will later recall the gist of his discussion with McKay, saying, “Republican activists were furious because they felt that you had a Republican secretary of state, a Republican county prosecutor… and a Republican US Attorney, but still they saw the governorship slipping away, and they were just angry.” He will recall McKay saying something like: “Stop right there, I can’t talk about this. If we are doing any kind of investigation or not, I can’t comment.” Vance will recall, “I dropped it.” Vance is in regular contact with White House political chief Karl Rove, and it is likely that the two discuss the gubernatorial election, though Vance will deny any memory of speaking with Rove about McKay or any desire for a federal investigation of the election. At the same time, prominent businessman and Republican activist Tom McCabe, angry that McKay is not pursuing allegations of voter fraud against Gregoire, begins contacting the White House to demand McKay’s firing (see Late 2004). McKay will later testify that he “vaguely remembered” receiving the call from Vance, but remembers nothing “significant” from the conversation. McKay will later be placed on a list of US Attorneys to be fired, most likely for political reasons (see December 7, 2006 and December 20, 2006). White House emails will not clarify why McKay is targeted for firing, though McKay will recall that White House counsels Harriet Miers and William Kelley cite the anger among Washington State Republicans over the 2004 elections and his refusal to pursue allegations of voter fraud as one reason behind his firing. [Seattle Times, 3/14/2007; Talking Points Memo, 2011] In January 2005, McKay is contacted by the chief of staff of US Representative Doc Hastings (R-WA) about the possibility of voter fraud in the election (see January 4, 2005). In early 2005, Vance and prominent state Republicans will call on McKay and the Justice Department to launch probes into voter fraud allegations that they say benefited Gregoire. [Seattle Times, 3/13/2007] Gregoire will win the election by 133 votes after a lengthy judicial review. Allegations from state Republicans of voter fraud that supposedly benefited Gregoire will be dismissed as baseless. Both sides will allege that mistakes in vote counting and voting reports led to erroneous vote tallies, and both will allege that hundreds of disenfranchised felons cast ballots in the election. The court will find that 1,678 illegal votes were cast in the elections, though it will remain unclear who received the most benefit from those votes. [Seattle Post-Intelligencer, 6/5/2005]
A five-member team in the Justice Department’s civil rights division reviews a new Georgia law requiring voters to present a photo ID or buy one for $20. Four of the five members say the law will disproportionately suppress minority votes because minorities are less likely to have a driver’s license or passport. Division supervisors—Bush administration political appointees—approve the law in spite of the team’s conclusion. A judge later throws the law out, comparing it to a Jim Crow-era poll tax (see September 19, 2006). The single member of the division team who favored the law is a recent political hire, a graduate of the University of Mississippi Law School, and a member of the Federalist Society and the Christian Legal Society (see Fall 2002 and After). [Savage, 2007, pp. 297]
US Attorney John McKay of the Western District of Washington State (see October 24, 2001) has been pursuing allegations of voter fraud in the highly disputed governor’s race between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see December 2004 and December 23, 2004 - January 12, 2005). McKay has worked with the FBI on the investigation. He has met with FBI and Justice Department officials, who together have reviewed the evidence and concluded that there are no grounds to open a federal grand jury investigation. Craig Donsanto, the head of the election crimes branch of the criminal division’s public integrity section in the Justice Department, has also advised McKay to refrain from any proactive investigation, but merely to collect facts and information, and monitor the state court litigation surrounding the election, because the department wants to make sure not to give the impression that it is trying to influence the litigation. McKay drafts a public statement for use by the FBI and his office to respond to questions surrounding the controversy. The statement says that while the FBI would receive and evaluate all complaints of voter fraud, because the race is a state election matter, citizens should also provide that information to state officials. McKay and the FBI will continue to examine evidence presented to them as “voter fraud,” and will determine that none of it proves any criminality whatsoever. Moreover, the Justice Department will confirm that in as the governor’s race is a state matter, the US Attorney, a federal law enforcement office, has no jurisdiction over allegations about the race. [US Department of Justice, Office of the Inspector General, 9/29/2008]
US Attorney John McKay of the Western District of Washington State (see October 24, 2001) issues a noncommital statement on allegations of voter fraud in the highly disputed governor’s race between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see December 23, 2004 - January 12, 2005). McKay, along with the FBI and the Justice Department, have examined the evidence presented in the allegations (see December 2004), and found no reason to bring any indictments (see January 4, 2005). Shortly after McKay issues the statement, Ed Cassidy, the chief of staff for US Representative Doc Hastings (R-WA), telephones McKay to discuss the race. According to McKay’s recollection, Cassidy begins asking him about the election and the potential investigation, and McKay responds with what he will call information consistent with his public statement. When Cassidy says, “You know, John, it’s really important—” McKay interrupts him and says, “Ed, I’m sure you’re not about to start talking to me about the future direction of this case.” McKay will recall taking a very stern tone with Cassidy. Cassidy terminates the call. (Cassidy will recall McKay saying, “I hope you’re not asking me to tell you something that I can’t tell you.”) McKay informs his First Assistant US Attorney and the criminal chief, Assistant Attorney General Alice Fisher, about the call. Both say he conducted himself appropriately. All of them decide there is no need to report the call to the Justice Department, because Cassidy did not cross the line and demand that McKay open an investigation. McKay will later say he is “concerned and dismayed by the call” from Cassidy. Cassidy will say he did not place the call at the behest of Hastings, but because of the outrage among state Republicans at Gregoire’s victory. Cassidy will say that he wanted to make sure Hastings did not make any inappropriate public statements if there was indeed a federal investigation opening. He will say that his telephone call to McKay is merely to head off the possibility of Hastings making what he calls “intemperate remarks” about the election. He will also say that his call to McKay “was a routine effort to determine whether allegations of voter fraud in the 2004 gubernatorial election were, or were not, being investigated by federal authorities,” and will say that he did not violate ethical boundaries in the conversation. Hastings will call Cassidy’s discussion with McKay “entirely appropriate,” and will add, “It was a simple inquiry and nothing more—and it was the only call to any federal official from my office on this subject either during or after the recount ordeal.” Hastings will say that he did not ask Cassidy to place the call, but will recall probably receiving some constituent complaints about the election and the alleged voter fraud that some callers said “gave” the election to Gregoire. He will say that he never had any misgivings about McKay. [TPM Muckraker, 3/6/2007; Seattle Times, 3/7/2007; US Department of Justice, Office of the Inspector General, 9/29/2008; Talking Points Memo, 2011] (A later Talking Points Memo report on the Cassidy-McKay discussion will inaccurately place it as taking place in November, before the recounts are completed.) [Talking Points Memo, 2011]
Washington State Republicans file a lawsuit challenging the results of an election recount that gave Christine Gregoire (D-WA) the victory in a close race for the governorship against Dino Rossi (R-WA—see December 23, 2004 - January 12, 2005). Rossi’s recent demand for an entirely new election was not heeded (see December 29-30, 2004). Rossi announces the lawsuit, challenging the validity of the recounts that eventually gave Gregoire the victory. He says that if the court finds in his favor, he would again ask for a new election: “It’s clear that this election is a mess. A re-vote is the only way I think we can go.” The suit is being filed in Chelan County Superior Court, an eastern county. Republicans say they prefer this venue to a court in Western Washington, which they say is more liberal. Kirsten Brost of the Washington Democratic Party says that regardless of what the court may say, there is no provision in state law for a new election. “If they are going to have another election, they would have to amend the state Constitution,” she says. Rossi and state Republicans are claiming that voter fraud gave Gregoire the victory. “We’ve found people who are felons that have voted, we’ve found people who have voted more than once,” Rossi says. “We’ve also found people who have remained politically active after they are dead.” [New York Times, 1/7/2005]
Reports of Dead People Casting Votes - The Seattle press recently reported that a Seattle resident had cast a vote on behalf of his wife who had died shortly before the election. The man said his wife wanted him to cast her vote for Rossi, and he did so. “A dead person cannot vote, not even for me,” Rossi says. Seattle prosecutors are investigating the charge, along with evidence that at least seven other ballots for dead voters were cast. One of the eight cases uncovered by the Seattle press was due to an administrative error that inaccurately listed a living voter as having died. Another vote cast by a woman who died in August was challenged by the woman’s husband, who insists that he destroyed the absentee ballot mailed to their residence after she died. A third case involves a woman using her deceased husband’s absentee ballot instead of the one mailed in her name. Another was cast by a man who filled out his absentee ballot, then died before he mailed it. His wife mailed the ballot on his behalf. “These are not indications of fraud,” says Bill Huennekens, King County’s elections supervisor. “Fraud is a concerted effort to change an election.” [Seattle Post-Intelligencer, 1/6/2005; New York Times, 1/7/2005]
Hundreds of Provisional Ballots Causing Controversy - More to the point are the hundreds of provisional ballots which may have been improperly counted. Republicans say that King County, the state’s largest county and a reliable Democratic stronghold, counted many provisional votes without determining that the people who cast them were registered voters. King County officials recently admitted that 348 provisional ballots were mistakenly counted. Gregoire was certified the winner by 129 votes, though it is unlikely that all 348 provisional ballots were cast for Gregoire.
Minor Mistakes Being Used to Challenge Election? - Brost says that Republicans are pointing at a small number of routine tallying errors and trying to use them to reverse a legitimate outcome. “In order to throw out this election,” she says, “they would have to prove that the mistakes made resulted in the wrong person winning. It’s not sufficient to just say there’s mistakes.” Secretary of State Sam Reed (R-WA) says he approves of the lawsuit. “A court of law is the proper forum to provide a judicious and objective answer to legitimate questions raised about the elections and its results,” he says. [New York Times, 1/7/2005]
Jared Taylor. [Source: Jared Taylor]The Pittsburgh Post-Gazette publishes a profile of Jared Taylor, an academic often seen and heard on news and opinion broadcasts as a “race-relations expert,” but called by the Post-Gazette “a racist in the guise of [an] ‘expert.’” The profile follows a number of radio appearances made by Taylor on January 17, the federal holiday honoring the birth of Dr. Martin Luther King Jr.; Taylor, according to the Post-Gazette, told his audiences that King “was a philanderer, a plagiarist, and a drinker who left a legacy of division and resentment, and was unworthy of a national holiday.” Taylor heads the New Century Foundation (NCF), a Virginia-based organization that promotes the ideas that blacks are genetically less intelligent than whites, are sexually promiscuous because of hyperactive sex drives, and other pseudo-scientific ideas about blacks and other minorities. The Post-Gazette writes that “Taylor keeps company with a collection of racists, racial ‘separatists,’ and far-right extremists,” including some of the NCF board members, who have included members of the Council of Conservative Citizens (CCC), the successor to the White Citizens Councils of the 1950s and ‘60s; a member of the American Friends of the British National Party (BNP), a far-right neo-Nazi political party in Britain; and an anti-immigration author who has reviewed books for a Holocaust denial journal. Taylor publishes American Renaissance magazine, which regularly publishes “academic” follies that “prove” multiculturalism is wrong. He once wrote for the magazine, “If whites permit themselves to be displaced, it is not just the high culture of the West that could disappear but such things as representative government, rule of law, and freedom of speech, which whites usually get right and everyone else usually gets wrong.” Taylor, like former Klan leader David Duke, Web site owner and former Klansman Don Black (see March 1995), and others, is among the leaders of what the Post-Gazette calls “the new tactics of white supremacy.” Taylor and his confreres eschew the crude race-baiting and calls for explicit violence for more dispassionate, pseudo-academic and media-friendly presentations that use false science and “moderate” language to push their racist views. Taylor’s staff secured a half-dozen radio spots for King’s holiday by sending out the following email to dozens of radio stations: “Not everyone celebrates the legacy of Martin Luther King. Editor of American Renaissance magazine and race-relations expert Jared Taylor would be pleased to offer your listeners a view of Dr. King that challenges conventional wisdom.” The email listed Taylor’s resume: degrees from Yale and the Institute for Political Study in Paris, business consultant in Japan, author of four books. “Jared Taylor is the cultivated, cosmopolitan face of white supremacy,” says Mark Potok of the Southern Poverty Law Center. “He is the guy who is providing the intellectual heft, in effect, to modern-day Klansmen.” Taylor denies ever being a member of the Klan, or even knowing any Klan members, but both Black and Duke have appeared at his American Renaissance conferences; Potok has a photograph of Black having a beer at Taylor’s kitchen table. Taylor routinely denies publishing racially inflammatory material in his magazine, even when confronted with the actual published material, and denies writing white supremacist material for the BNP’s monthly magazine, Spearhead, even though his work (published under his “other name,” Samuel Taylor, is readily accessible). He says that those who call him a racist merely want to avoid having a rational discussion about his ideas. However, his ties with racist organizations are easily proven. Taylor has hosted former BNP leader John Tyndall at his home in Oakton, Virginia. The NCF’s 1999 tax returns list the Council of Conservative Citizens (CCC) as an organization to which the NCF is “related… through common membership, governing bodies, trustees, officers, etc.” [Pittsburgh Post-Gazette, 1/23/2005] The Anti-Defamation League will later write, “[Taylor] maintains ties to a variety of racist organizations, publications, and individuals, both domestic and international, and many of North America’s leading intellectual racists have written for American Renaissance or have addressed the biennial American Renaissance conferences.” [Anti-Defamation League, 2011]
Washington State Republicans claim they have found 489 felons who illegally voted in the November 2004 election, and 300 or more votes that they allege were cast illegally. They are challenging the results of a recount that gave Christine Gregoire (D-WA) the governorship of Washington over Republican challenger Dino Rossi (R-WA—see January 7, 2005). Four hundred and twenty-four of those alleged felons are in King County, Washington’s largest county and a heavily Democratic stronghold. Seattle is in King County. Fourteen alleged felons are in Pierce County, which includes the large urban area of Tacoma. A Seattle Times investigation has found 129 felons in King and Pierce counties who voted without having their rights restored. Both the Times and the Washington GOP are using criminal records databases to make their determinations, and public voting records from the Office of the Secretary of State. It is not recorded which candidates these alleged felons voted for. Washington Republicans say that they have found more than enough evidence of improper voting to justify a new election (see December 29-30, 2004), but Washington Democratic Party official Kirsten Brost says, “There’s no proof that Dino Rossi won the election, and that’s what you need to show.” [Seattle Times, 1/27/2005; Seattle Times, 1/29/2005]
Some 40 residents of Fargo, North Dakota, are turned away from a political rally featuring President Bush and his attempt to drum up public support for his Social Security policies. The residents are unable to attend because their names are on a “blacklist” created by local Republicans with the input of White House staffers. The list is made up of “known progressives” and liberals, and includes Fargo City Commissioner Linda Coates, several college professors, the producer of a radio show, the deputy campaign manager for a Democratic gubernatorial candidate, and two or three high school students. Most of the residents are members of a Howard Dean Democracy for America Meetup group. A few of the blacklisted residents get into the event—Coates is able to procure a ticket from the mayor—but, as Salon reporter Tim Grieve writes, “it’s still an odd way to operate for a president who sells the power of freedom in Iraq and calls for an ‘open, candid’ debate on Social Security back home.” The White House claims the blacklist was created by an “overzealous volunteer” and that it knew nothing of the list until the day of the event. The head of North Dakota’s Republican Party, Jason Stverak, says party officials will try to find out who compiled the list, but: “I don’t know if we’d ever be able to find out what overzealous volunteer it is or anything like that. We’ll talk to people and stuff, but it will be impossible.” [Salon, 2/4/2005]
Superior Court Judge John Bridges rules that Washington State will not have a new election to determine who is governor of the state. Bridges is presiding over a lawsuit filed by Washington Republicans that asks him to throw out the recount that determined Christine Gregoire (D-WA) defeated Dino Rossi (R-WA) in the November 2004 election (see January 7, 2005). Gregoire was sworn in as governor on January 12, 2005 (see December 23, 2004 - January 12, 2005). Bridges rules that even if Republicans prove their contention that the election was so fundamentally flawed that the results are in doubt (see January 24-28, 2005), state law does not allow for a revote. “The court doesn’t have the authority,” Bridges rules. Bridges also throws out a Democratic request to have the case thrown out entirely. Republicans call the ruling a minor victory for Democrats that means little in the larger context, but Democrats call the ruling the beginning of the end for Republican hopes of having Gregoire’s victory vacated. Rossi’s campaign calls the ruling “a crushing day for Democrats.” A lawyer for the Washington Democratic Party, Russell Speidel, calls the ruling “a huge decision for Christine Gregoire.” Speidel says that under Bridges’s rulings, Republicans “now have to specifically prove that Mr. Rossi won the election,” an extremely difficult legal goal to meet. Speidel says that in essence, Republicans would have to march hundreds of people through the court to admit that they cast illegal votes for Gregoire. Republicans say that Speidel’s assessment is flawed. [Seattle Post-Intelligencer, 2/4/2005]
The US Senate Republican Policy Committee issues a report titled “Putting an End to Voter Fraud.” The report claims that voter fraud—individuals ineligible to vote casting illicit ballots—“continues to plague our nation’s federal elections, diluting and canceling out the lawful votes of the vast majority of Americans.” The report advises Congress to pass laws requiring “voters at the polls show photo identification.” [In These Times, 4/18/2007] A 2007 study by the Brennan Center for Justice will conclude that voters are more likely to be struck by lightning than to commit voter fraud (see 2007).
The Nebraska legislature overturns the state’s lifetime ban on voting by convicted felons, replacing it with a two-year post-sentence ban. Governor Dave Heineman (R-NE) vetoes the bill, but is overridden by the legislature. [American Civil Liberties Union, 2008; ProCon, 10/19/2010]
The Justice Department is sent a letter, apparently via surface mail, that, according to a department control sheet, “request[s] an investigation into the voting irregularities and the certification of the Washington State 2004 election” (see December 23, 2004 - January 12, 2005, December 29-30, 2004, January 7, 2005, January 24-28, 2005, February 4, 2005, and March 5, 2005). The sender of the letter is redacted from the control sheet. The letter is marked as received on March 10. On March 15, the letter is referred to the Civil Rights Division “for component response,” and referred to several other bureaus within the department, including the Offices of the Attorney General and Deputy Attorney General. The Civil Rights Division sends a reply on March 24, 2005. The reply is not included in the documents later released by the Justice Department. [US Department of Justice, 6/21/2007 ]
The Seattle Times reports that Washington State Democrats believe the White House is behind the efforts to force a recount in the November 2004 governor’s race. Christine Gregoire (D-WI) defeated Dino Rossi (R-WI) after a recount gave Gregoire a narrow victory (see December 23, 2004 - January 12, 2005). Since then Rossi and Washington State Republicans have demanded new recounts or even a new election (see December 29-30, 2004). In January 2005, they filed a lawsuit to overturn the election results, alleging voter fraud tainted the vote (see January 7, 2005, January 24-28, 2005, and February 4, 2005). The FBI and US Attorney John McKay have investigated the allegations of voter fraud and found them groundless (see December 2004 and January 4, 2005), though state Republicans have been displeased with those findings (see Late 2004 or Early 2005, Late 2004, and January 4, 2005). As the lawsuit wends its way through the courts, Democrats tell reporters that the evidence being brought to bear by state Republicans in the lawsuit is worthless. One party attorney says their list of alleged illegal voters would end up as toilet paper “in an outhouse on Blewett Pass” on the mountain highway route that leads to the Chelan County courthouse, where the case will be heard. However, solicitations sent by Washington State Democratic Party chairman Paul Berendt say the White House, led by deputy chief of staff Karl Rove, is pushing the GOP lawsuit. Berendt’s letter warns of “guerrilla tactics” by “right-wing attorneys” and “extremist operatives” who are “meticulously crafting a case to unseat Christine Gregoire.” Berendt stands behind the letter, saying: “[W]e believe this, too. We believe that Rove is in regular contact with people here.” Rossi spokesperson Mary Lane confirms that the Rossi campaign is regularly updating the White House on the case, saying: “They’re interested in what’s going on.… We talk to them about it.” However, “[t]here’s certainly no Karl Rove pulling strings.” White House spokesperson Ken Lisaius says no one in the Bush administration is involved in the lawsuit, telling a reporter: “As reluctant as I am to comment on an inflammatory fund-raising piece, those are just not the facts. The White House is not directing any sort of strategy for the Rossi campaign and to suggest otherwise is to suggest someone is not very well informed.” Berendt points to the Rossi campaign’s use of Washington, DC, attorney Mark Braden as chief counsel; Braden spent 10 years as chief counsel to the Republican National Committee. Berendt says his party uses local attorneys. He also cites Rove’s 1994 involvement in the case of an Alabama state Supreme Court election, in which Rove fought for a recount claiming that the election had been “stolen.” The Times writes: “There are parallels to the current dispute here over the governor’s election. In both cases, Republicans held a news conference with the parents of a military voter to question whether overseas ballots were handled properly. Republicans in both states filed a lawsuit that named a long list of public officials as respondents. Both held rallies; business groups financed media campaigns.” Rove’s candidate eventually won (see Early 1994 - October 1995). Berendt says that Rove was also behind failed attempts to force recalls of Republican Secretary of State Sam Reed and Democratic King County Councilman Dow Constantine. Berendt writes, “We know what they’re doing, and we’re going to tell the world that it’s the Bush team, with the Bush tactics, and Karl Rove pulling the strings that’s trying to defeat us.” [Seattle Times, 3/5/2005]
Entity Tags: Karl C. Rove, Dino Rossi, Christine O. Gregoire, Bush administration (43), Dow Constantine, John L. McKay, Mark Braden, Mary Lane, Seattle Times, Paul Berendt, Sam Reed, Federal Bureau of Investigation, Ken Lisaius
Timeline Tags: Civil Liberties, 2004 Elections
New Mexico residents who wish to attend a public relations event featuring President Bush are quizzed about their support of Bush’s policies before being given a ticket to the event. Staff members for Senator Pete Domenici (R-NM) interrogate prospective attendees about their feelings towards Bush and his Social Security policies. David Alire Garcia of the Albuquerque Journal writes: “Welcome to the brave new world of over-the-top media manipulation. No critical questions, no spontaneity, nothing left to chance.” Domenici spokeswoman Shaye O’Donnell says that Democrats or others who might not support the president are still given tickets, though she later admits that she herself knows nothing about how tickets are distributed. Neither does Lisa Breeden, Domenici’s communications director, who says: “I really don’t know anything about this. If that happened, it was not done by our office. That would have had to have been through the White House, I guess.” According to Breeden, people who called the office asking for tickets were asked for names and phone numbers, and that information was passed to the White House advance team. The White House team then gave Domenici’s office a list of those who would be allowed to receive tickets. Breeden says a private political consultant handled the communications between the White House and Domenici’s office. [Washington Post, 4/4/2005]
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