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Retired Major General Jerry Curry, who served in the Defense Department during the Carter and Reagan administrations, comes out in support of Lieutenant Colonel Terry Lakin. Lakin has refused to obey orders deploying him to Afghanistan because, he says, he questions President Obama’s citizenship and therefore his right to issue orders to the military. Lakin faces a court-martial for disobeying orders (see Before April 13, 2010 and April 22-23, 2010). “It shouldn’t be the lieutenant colonels, sergeants, and generals in the Army” asking questions about Obama’s citizenship, Curry says. “[I]t should be the congressman and senators on both sides of the issue asking this man to step up to the plate” and provide the proof to the American people. Curry is concerned that Lakin’s recent prediction that the Obama “administration will do its best to destroy him personally” is probably accurate. Curry says Obama should “look the American people in the eye” and say: “I am under a cloud because there are some folks that think I am illegitimate. If you will tell me what you think I need to provide to cause you to throw this mess out the window, and to understand that I am legitimate, then I will provide what you folks want because the most important thing is this country and carrying out the Constitution.” Curry joins retired Major General Paul Vallely, a frequent Fox News analyst (see Late September 2003), in questioning Obama’s citizenship. Curry agrees with Vallely that the birth certificate produced during the 2008 presidential campaign (see June 13, 2008) is insufficient evidence of Obama’s citizenship (see August 21, 2008, October 30, 2008, and July 28, 2009). Curry says people need to understand that the purpose of pushing for the information is for the good of the country, not for personal reasons, saying he does not want “to hurt Obama, we want the truth out so we don’t hurt the country.” [Greeley Gazette, 8/9/2010] Three weeks later, Vallely’s fellow Fox News analyst, retired Lieutenant General Thomas McInerney, joins Vallely and Curry in publicly supporting Lakin (see August 31, 2010).
Democrats are aghast at the amount of corporate spending they expect to be used against them in the 2010 elections, according to media reports. The US Chamber of Commerce (see September 20, 2010, September 30, 2010, and October 2010) projects that it will spend $75 million this year, over double its spending of $35 million in 2008, to oppose Democrats running for federal and state office. USCoC officials say that spending could go even higher. Other organizations, such as American Crossroads, a right-wing political group headed by former Bush political advisor Karl Rove (see September 20, 2010 and February 21, 2012), are on track to raise and spend tens of millions, again to fund political activities designed to prevent Democrats from being elected. A report circulating among Democratic Congressional leaders says that some $300 million has been raised for the 2010 campaign, all coming from 15 conservative tax-exempt organizations. Sheila Krumholz of the Center for Responsive Politics says: “A commitment of $300 million from just 15 organizations is a huge amount, putting them in record territory for groups on the right or left. With control of Congress hanging in the balance, this kind of spending could have a major impact.” Chris Van Hollen (D-MD), chairman of the Democratic Congressional Campaign Committee (DCCC), says the amount of corporate funding for Republican political activities is “raising the alarm bell.” The DCCC spent $177 million in all of 2008’s Congressional races. Labor unions and other groups allied with Democrats plan heavy spending of their own, but nothing to compare to conservative corporate funding. The Service Employees International Union (SEIU), for example, plans to spend $44 million on election-related spending this year. Political scientist Anthony J. Corrado Jr. says: “What we are seeing is that major businesses and industries are taking advantage of the recent court ruling and favorable political environment. They are already committing substantially more money than they have in any previous election cycles.” Corrado is referring to the controversial Citizens United Supreme Court decision (see January 21, 2010) that has overturned almost a century’s worth of campaign spending limitations. USCoC officials also point to a 2007 Supreme Court ruling that overturned the ban on political issue advertising by corporations and labor unions close to an election (see June 25, 2007). The Los Angeles Times reports that the heavy corporate fundraising for Republican political interests is driven largely by corporate opposition to the Democrats’ focus on health care reform, and a bill passed in July that established stricter government monitoring and regulation of the financial system. Roger Nicholson of the International Coal Group, a mining company, recently wrote to fellow executives urging them to contribute money to defeat the “fiercely anti-coal Democrats” in Washington, specifically targeting a number of Democrats in Kentucky and West Virginia. Five of the largest health insurers, including Aetna, Cigna, and United HealthCare, are banding together to create and fund a new nonprofit group to help influence elections. The group has not yet been formed, but reports say that it will spend some $20 million to defeat Democrats. [Los Angeles Times, 8/2/2010]
Entity Tags: Karl C. Rove, Anthony J. Corrado Jr., American Crossroads, Aetna, Chris Van Hollen, International Coal Group, Service Employees International Union, US Supreme Court, Los Angeles Times, Roger Nicholson, UnitedHealth Group, Cigna, US Chamber of Commerce, Sheila Krumholz
Timeline Tags: Civil Liberties, 2010 Elections
The federal government imposes a lien on the property of “birther” attorney Orly Taitz, in an attempt to collect the $20,000 she owes in fines imposed by District Court Judge Clay Land (see October 13-16, 2009). Taitz has appealed the fine to the Supreme Court and been denied (see July 7 - August 16, 2010). Columbus, Ohio, lawyer Frank Martin says: “This is a notice that the federal government has put a $20,000 lien plus interest on Orly Taitz. This lien trumps the Internal Revenue Code. This lien has priority over everything else.” If Taitz does not pay the fine, the government can seize her property, Martin says, though Taitz can oppose the collection in court. Taitz says she will pay the fine to avoid “giving the government the satisfaction” of seizing her property and/or her law license, though she intends to file appeals with the Supreme Court to avoid paying. “I will pay the money and I will continue fighting,” she says, and adds that her followers and supporters are donating money to pay the fine. “I’m confident that I will get $20,000 from the public, because people are angry and livid,” she says. “I don’t think anyone has ever seen anything like this in the world. I think the government should start worrying who’s in the White House. We have problems that are much bigger than $20,000 in sanctions.” [Columbus Ledger-Enquirer, 8/9/2010; Columbus Ledger-Enquirer, 8/10/2010] The Supreme Court rejects her appeal; Taitz says she intends to present her complaint to Congress, and even to international courts. Between August 9, 2010 and January 10, 2011, she has collected some $13,000 in donations, she says. [Columbus Ledger-Enquirer, 1/10/2011]
The Al-Quds mosque, which was attended by three 9/11 hijackers for several years (see Early 1996), is closed down. The mosque in Hamburg, Germany, has long been known as a gathering place for radical Islamists. In recent years, it changed its name to the Taiba mosque. Police raid the mosque and shut it down, ban the cultural society linked to it, and confiscate its assets and documents. However, there are no arrests. There was a long legal battle before the police were given permission to close the mosque. Der Spiegel comments: “Every Muslim visitor must have known that he was under close scrutiny from police authorities as soon as he set foot in the building. In fact, it proved quite helpful for the Hamburg intelligence service because all the city’s Islamists would congregate here.” However, not only was the mosque associated with the 9/11 attacks, but the imam at the mosque for most of the 1990s, Mohammed Fazazi, was convicted of involvement in the 2003 bombings in Casablanca, Morocco (see 1993-Late 2001 and May 16, 2003). Furthermore, in 2009, a group of 10 radical Islamists who had attended the mosque left Hamburg for Pakistan’s tribal region in an attempt to attend militant training camps (see March 5, 2009). Some were arrested and revealed they were part of a plot to attack targets in Europe, and they also linked up with members of the al-Qaeda Hamburg cell (see May 2010). One of them, Naamen Meziche, who will be killed in a US drone strike in 2010, is the son-in-law of Fazazi, the former imam at the mosque (see October 5, 2010). In recent years, the imam at the mosque has been Mamoun Darkazanli, who was linked to many in the al-Qaeda cell with the 9/11 hijackers, and was suspected of belonging to al-Qaeda well before 9/11 (see Late 1998 and October 9, 1999). Spain has filed a request for his extradition on terrorism charges, but Germany has refused to extradite him (see (see Late April 2007). [Der Spiegel (Hamburg), 8/9/2010] Some German officials believe he is still involved in al-Qaeda, but he apparently is careful not to break any German laws (see November 11, 2010).
Anna Ardin, a Swedish woman who will later make a complaint to the police against WikiLeaks founder Julian Assange leading them to file sexual asssault charges against him, sends a Tweet about a party she and Assange are currently attending at her flat. The Tweet reads, “Sitting outside; nearly freezing; with the world’s coolest people; it’s pretty amazing.” The encounter over which police will file charges against Assange took place the previous night (see August 13, 2010). After news of the charges becomes public, Ardin will delete the Tweet. [TNN, 12/9/2010]
Sofia Wilen, a Swedish woman whose sexual encounter with WikiLeaks founder Julian Assange two days ago will lead to charges being filed against him (see August 16-17, 2010), calls Anna Ardin, another woman who has had sex with Assange that will lead to charges (see August 13, 2010). Wilen says that she has had unprotected sex with Assange and is worried she may have contracted an STD or become pregnant. Ardin tells Wilen that she has also had sex with Assange. The two women moved in related circles before this call, but it is unclear if they knew each other and, if so, how well. [TNN, 12/9/2010] Two days later the two women will go to the police (see August 20, 2010).
A second retired general serving as a Fox News analyst comes out in support of Lieutenant Colonel Terry Lakin, who has refused to obey orders deploying him to Afghanistan because, Lakin says, he questions President Obama’s citizenship and therefore his right to issue orders to the military. Lakin faces a court-martial for disobeying orders (see Before April 13, 2010 and April 22-23, 2010). Lieutenant General Thomas McInerney joins fellow Fox News analyst, retired Major General Paul Vallely, and a third retired officer, Major General Jerry Curry (see August 2, 2010), in support of Lakin. McInerney says in a statement: “[I]t is my opinion that LTC Lakin’s request for discovery relating to the president’s birth record in Hawaii is absolutely essential to determining not merely his guilt or innocence but to reassuring all military personnel once and for all for this president whether his service as commander in chief is constitutionally proper. He is the one single person in the chain of command that the Constitution demands proof of natural born citizenship. This determination is fundamental to our Republic, where civilian control over the military is the rule. According to the Constitution, the commander is chief must now, in the face of serious—and widely-held—concerns that he is ineligible, either voluntarily establish his eligibility by authorizing release of his birth records or this court must authorize their discovery. The invasion of his privacy is utterly trivial compared to the issues at stake here. Our military MUST have confidence their commander in chief lawfully holds his office and absent which confidence grievous consequences may ensue.” McInerney’s statement is released by the American Patriot Foundation, the “birther” organization raising money for Lakin’s defense. [WorldNetDaily, 8/31/2010; Huffington Post, 9/1/2010]
The Southern Poverty Law Center (SPLC) provides a lexicon for some of the terminology used by a variety of “sovereignists” and other anti-government organizations. The SPLC writes, “Adherents of the ‘sovereign citizens’ movement and of sovereign financial scams like ‘redemption’ are known for their bizarre use of language and Byzantine belief system.” Some of this terminology has been adapted for use by more widely known (if barely organized and rather fluidly constructed) groups such as the “birthers,” who have gone from questioning President Obama’s status as a US citizen (see August 1, 2008 and After, October 8-10, 2008, and November 10, 2008) to pushing for Constitutional amendments designed to curtail citizenship rights for the children of immigrants and non-citizens; “tenthers,” who construe the Tenth Amendment to mean that states are not bound by federal laws; and others. The SPLC provides the following terms and definitions:
14th Amendment citizen “Sovereign citizens describe 14th Amendment citizens as subject to federal and state governments, unlike themselves. Because the amendment gave citizenship to freed slaves, a racist variant of sovereign citizen theory holds that blacks are subject to the governments and that being white is a prerequisite to being a sovereign citizen. Others claim all state citizens were converted by the constitutional amendment to ‘Federal Citizens,’ who can only be freed by a process known as ‘asseveration.’”
Accepted for value “When a sovereign receives a bill from the IRS, a bank, or even the cable company, under a twisted reading of the Uniform Commercial Code, he believes he can simply write ‘Accepted for Value’ on that bill and it will be paid by his secret Treasury Direct Account, set up by the government when he was born.”
Admiralty law/common law “According to sovereign beliefs, there are two types of law: common law and admiralty law. Since the US went off the gold standard in 1933, sovereigns say, no one has been able to pay a debt with ‘real’ money, and therefore the country has been operating under commercial law, which sovereigns equate with admiralty law, the law of the seas. Thus, they argue, completely speciously, that Americans have been deprived of their original common law, under which the government can only impose regulations on citizens with their consent, since 1933.”
Bill of Exchange “A fake check used to access the funds in the secret Treasury account supposedly set up by the government to monetize the value of each citizen’s life at birth.”
Birth certificate “This form establishes each person’s corporate shell, a kind of evil doppelgänger that is attached to every flesh-and-blood baby. That shell is then supposedly sold by the government as a security to foreign investors to enrich Federal Reserve bankers. The proof that the certificate has secret meaning is found in the use of all capital letters, bond paper, and a seal and/or watermark—all of which are thought to reflect admiralty law.”
Citizen/citizen “In the 18th century colonies, nouns were usually capitalized, although the practice was going out of style by the time of the Revolution. Based on that, sovereigns see secret meaning in the use or non-use of capitalized letters. For example, a ‘citizen’ is a sovereign citizen imbued with all natural rights, whereas a ‘Citizen’ is a 14th Amendment citizen subject to the rules and regulations of government.”
Common law court “Pseudo-legal courts set up to hear matters concerning sovereign citizens, sometimes also called ‘freemen’ (see 1993-1994). They have been used to put enemies on trial for such offenses as treason, rule on matters of interest to sovereigns and, frequently, to formalize citizens’ declarations of sovereignty, a process often known as asseveration.”
Flag fringe “Based on the fact that Navy flags and many other military flags have gold fringe, sovereigns believe the presence of fringe on flags in federal courts isn’t just decorative, but rather proof that the nation is under admiralty law.”
Form 1099-OID “Although the IRS uses this form for zero-coupon bonds and collateralized bonds, sovereigns believe that the 1099-OID gives them access to the money in the secret Treasury Direct Account that the government funded at their birth.”
Name in all capital letters “JOHN ROBERT DOE, for instance, signifies the corporate shell of a person, as opposed to the flesh-and-blood person.”
Name punctuation “John-Robert: Doe signifies a flesh-and-blood person named John-Robert of the family Doe, as opposed to a punctuation-free name, JOHN ROBERT DOE, which refers to the corporate shell of a person.”
Negative averment “The trick, used by many sovereigns, of twisting all statements into the form of a question in order to shift the burden of truth to the opponent.”
Red ink “In some states, bonds are canceled using red ink. Sovereigns therefore sign many legal documents and correspondence in red ink to signify that they are canceling the bond attached to their birth certificate or corporate self. Others believe the color of the ink represents the blood of the flesh-and-blood person.”
Redemption “The phony legal process sovereigns use to separate a person’s flesh-and-blood body from their mythical corporate shell. Since only the corporate shell is subject to taxes, traffic laws, and license requirements, the ability to separate the two is the key to liberating people from such requirements. An added bonus is that the newly freed sovereign can then write checks, or ‘bills of exchange,’ on the account the government has set up to monetize the person’s life and earnings.”
Strawman “The label assigned to the corporate shell in the redemption process. This corporate shell is attached to a baby at birth when a birth certificate is typed out using all capital letters and a Social Security number is applied for.”
Sui juris “Many sovereigns add this Latin phrase, meaning ‘of one’s own right,’ to their flesh-and-blood names on legal documents to signify that they are reserving all the rights to which a free man is entitled.”
Treasury Direct Account “When a baby is born, sovereigns believe that the government funds a secret Treasury account in that baby’s corporate shell name, based on that person’s future earnings. This account can be accessed by writing special checks to pay taxes, mortgage balances, and other debts. Sovereigns variously believe the account’s value is between $600,000 and $20 million.”
Truth language “A complex and bizarre set of language rules designed to mimic the secret language of the law. All sentences must start with the preposition ‘for,’ have a minimum of 13 words, and use more nouns than verbs. Punctuation rules are just as complex.”
UCC-1 Statement “When a sovereign successfully separates his flesh-and-blood body from his corporate shell in the redemption process, the flesh-and-blood body then can file a UCC-1 statement against their corporate self in order to preserve the value of that corporate self’s Treasury Direct Account for their own use. Since most jurisdictions are getting wise to sovereigns’ UCC games, sovereigns often must shop jurisdictions until they find one willing to file the statement without question.” [Southern Poverty Law Center, 9/2010]
Fox Business Channel host and commentator John Stossel writes a column for NewsMax attacking the Americans with Disabilities Act of 1990 (ADA—see July 26, 1990), claiming that the legislation places an undue burden of compliance on businesses. [NewsMax, 9/1/2010] The ADA was sponsored by Congressional Democrats and signed into law by then-President George H. W. Bush. The ADA “prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities.” Recently, it has been attacked by conservative pundits and candidates, largely because businesses have to spend money to comply with the act’s mandates. [Media Matters, 9/7/2010; US Department of Labor, 2011] Stossel makes some dubious claims, such as describing a restaurant having to allow a customer to bring in a “large snake” as a “service animal,” and saying huge lawsuits are being filed because mirrors are placed one inch too low or too high. Stossel calls the ADA “well-intentioned” and “popular with Republicans and Democrats,” but cites a study purporting to show that employment of the disabled actually decreased after the ADA went into effect, and explains that this occurred because “the law turns ‘protected’ people into potential lawsuits. Most ADA litigation occurs when an employee is fired, so the safest way to avoid those costs is not to hire the disabled in the first place.” Stossel cites Walter Olson of the conservative/libertarian Cato Institute as calling the ADA “unnecessary,” and, using Olson’s rationale, writes: “Under the ADA… fairness does not mean treating disabled people the same as non-disabled people. Rather it means accommodating them. In other words, the law requires that people be treated unequally.” Stossel also claims the ADA “unleashed a landslide of lawsuits by ‘professional litigants’ who file a hundred suits at a time. Disabled people visit businesses to look for violations, but instead of simply asking that a violation be corrected, they partner with lawyers who (legally) extort settlement money from the businesses.” Instead of helping disabled people, Stossel says, the law merely provides “[m]ore money for the parasites.” [NewsMax, 9/1/2010] Republican candidate Rand Paul has made similar claims (see May 17, 2010), as has conservative columnist Ross Douthat (see July 29, 2010).
An unknown assailant firebombs a Planned Parenthood women’s clinic in Madera, California. The assailant throws a Molotov cocktail, essentially a homemade gasoline bomb, through a clinic window. The FBI believes the bombing may be related to a recent attack on a local mosque, the Madera Islamic Center. Planned Parenthood director Patsy Montgomery says she believes the bombing is the work of “extremists who are, want to make a statement.” The Council on Islamic-American Relations (CAIR)‘s Basim Elkarra says of the two attacks, “[T]his is a message to those bigots, that anytime you attack a community we all come together united as one.” Shortly after the clinic bombing, a group calling itself the American Nationalist Brotherhood takes responsibility for both the clinic and the mosque attacks. The clinic, which offers abortions as one of its services, will remain closed for approximately a week. Madera County Sheriff John Anderson will ask the Brotherhood to contact his office. While the group has a constitutional right to express an opinion, he will say, “when it turns to crimes of arson or vandalism, it concerns us.… The fact that there have been numerous messages directed at several organizations makes it difficult to interpret ANB’s true message. I would like for ANB or a representative to contact me directly by whatever means is most comfortable.… I promise to listen to ANB’s message. This is the groundwork needed for us to have dialogue.” [KSFN-TV, 9/2/2010; Fresno Bee, 9/11/2010; Women's Rights, 9/17/2010]
An Army judge denies a request by defense lawyers to compel President Obama’s testimony in a court-martial against a US Army flight surgeon who refused to deploy to Afghanistan until he saw proof that Obama was born in the United States (see Before April 13, 2010 and April 22-23, 2010). Colonel Denise Lind, the judge presiding over the upcoming court-martial, says evidence or witnesses related to Obama’s citizenship are irrelevant to the case against Lieutenant Colonel Terry Lakin. Lakin is charged with missing a movement, disobeying a lawful order, and dereliction of duty. He faces a dishonorable discharge, two years’ imprisonment in a military prison, and a forfeiture of his pay if convicted. Lakin’s lawyers are contending that all military orders stem from the commander in chief. Without evidence that Obama is eligible to be president, they say, the doctor’s deployment order was illegal. Lakin’s civilian attorney, Paul Jensen, has asked Lind to order Obama’s official birth records from Hawaii be brought to court for trial (see June 13, 2008 and July 1, 2009). “If the president is ineligible, you need to know that,” Jensen tells Lind. “Colonel Lakin needs to know that, the government needs to know that, America needs to know that.” The prosecution contends that Obama’s eligibility is irrelevant because Lakin defied orders from his superior officers in the military chain of command, a point Jensen concedes. Lind rules that the matter of Obama’s eligibility is not relevant because he did not give any orders in the case, and notes that while the president is commander in chief of the military, it is Congress that is constitutionally empowered to raise armies, pay them, and equip them. Any contention that any orders are invalid if the president is ineligible “is erroneous,” she says. She also notes that military law says that a soldier’s personal beliefs or convictions are not sufficient to allow that soldier to determine that an order is illegal. The soldier has to have “no rational doubt” that the order is illegal before he or she can ignore it. Finally, she rules that a military court-martial is not the forum in which to determine a president’s eligibility, because the Constitution says only Congress has the power to impeach and remove the president. Jensen says the ruling “completely deprives us of any opportunity to present a defense in this case,” and says he intends to file a motion with the Army Court of Criminal Appeals to have Lind’s ruling overturned. [CNN, 9/2/2010]
Tim Ravndal, the head of the Big Sky Tea Party Association, apologizes for comments he made on his Facebook page that many interpreted as condoning the murder of homosexuals (see July 23, 2010). Ravndal later removed the comments, but they were preserved in a screenshot and published in the Great Falls Tribune. In the original comments, Ravndal seemed to approve of the 1998 murder of Matthew Shepard, a Wyoming college student targeted for being gay. Ravndal says he “never made the connection” to Shepard’s murder until after it became the focus of blog posts and comments in recent days. “I wasn’t even thinking about the tragedy that happened in Wyoming,” he says. “I made a mistake and I apologize to anyone I offended. I do not condone violence to any human being.” Ravndal adds that his Facebook page is personal, and has nothing to do with the Big Sky Tea Party Association. Montana human rights organizer Kim Abbott is unimpressed by Ravndal’s apology. “Mr. Ravndal’s comments are outrageous,” she says. “He is a public figure, in the public sphere, condoning and making light of violence against gay people. It’s actually pretty frightening.” [Great Falls Tribune, 9/4/2010] Apparently Ravndal’s apology is insufficient; within days of his apology, he will be fired from his leadership post. [Associated Press, 9/8/2010] The organization’s secretary, Kristi Allen-Gailushas, who is a Republican candidate for the Montana state senate, defends Ravndal in a post to his Facebook page, writing: “No matter what you guys say, ’Tim is a great American and patriot.’ He does have a right to say what he wants. I know that he didn’t mean it, but in the heat of his anger with the ACLU might not have realized what he was saying. The people who are in the TEA party movement are called names all of the time. Racist, extremist… you name it. Tolerance needs to be done on both sides, especially the homosexual side. ’There isn’t any tolerance for people who have a different opinion than yours.’ If we say yes to gay marriage, where does it stop? The people who want to have more than one spouse will be next and that is against the law. The definition of marriage is between a man and a woman, are we now going to change the definition?” (All emphases from the original.) Allen-Gailushas will later post on Facebook, “The Gay community wants a war… they’ve got one!!” She later adds a clarification: “I didn’t mean a literal gun war, but a war of the truth and the hypocrisy they espouse.” [Think Progress, 9/7/2010]
Justin Carl Moose. [Source: Christian Nightmares (.com)]The FBI arrests anti-abortion activist Justin Carl Moose and charges him with describing how to make explosives in an attempt to bomb an abortion clinic. Moose, an unemployed father of three, lives in Concord, North Carolina, just outside Charlotte; he posted the information on his Facebook page. Moose calls himself an “extremist,” a “radical,” and the “Christian counterpart of Osama bin Laden,” according to FBI agents, and labels himself a member of the violent anti-abortion group Army of God (AOG—see 1982). The FBI became aware of Moose after being alerted to his Facebook postings by pro-choice organization Planned Parenthood, which told the agency it worried that Moose was advocating extreme violence against abortion providers. The FBI began monitoring the page, and last week read of Moose’s collaboration with an FBI informant to bomb a clinic in North Carolina. Moose faces up to 20 years in prison if convicted on federal charges of distribution of information relating to explosives. Moose’s Facebook page also rails against abortion doctors, President Obama’s health care reform plan, and reports of a mosque to be built near the site of the World Trade Center. Moose also wrote several posts in support of those who have killed abortion providers in the past. “Whatever you may think about me, you’re probably right,” he wrote. “Extremist, Radical, Fundamentalist…? Yep! Terrorist…? Well, I prefer the term ‘freedom Fighter.’”
Facebook Postings since March 2010 - In March 2010, after Congress voted to pass health care legislation, Moose wrote: “The Death Care Bill passed last night. Keep your phone and rifle close and wait.” In May 2010, he wrote, “There are few problems in life that can’t be solved with the proper application of high explosives :)” In July 2010, he wrote: “If a mosque is built on ground zero, it will be removed. Oklahoma City style. Tim’s not the only man out there that knows how to do it.” Moose was referring to Timothy McVeigh, the person responsible for destroying a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Other posts included the phrases, “Save a life, shoot an abortionist”; “Make a bomb and light the fuse, another Hero in the news. The monster dead, with hole in head. His end was made and babies were saved”; and: “Calling all Tim McVeighs and Eric Rudolphs (see January 29, 1998)! We must take the war to the enemies of freedom and retaliate with all due force.” In August 2010, Moose posted detailed instructions for making TATP, an acronym for an explosive, such as that used by terrorists in the July 2005 London bombings (see July 7, 2005). After the FBI read those instructions, it obtained legal permission to read Moose’s private messages; one Moose posted to a fellow anti-abortion activist read: “I have learned a lot from the Muslim terrorists and I have no problems using their tactics. People say sarcastically ‘what’s the difference between a Christian terrorist and an Islamic terrorist?’ I tell them simply that I’m right and I serve a living God! THAT’S the difference.” On September 3, a confidential FBI informant told Moose in a recorded phone call that his best friend’s wife was about to have an abortion. Moose quickly responded: “Say no more. I understand and I can help.” The two men met the next day at a local restaurant, where Moose described several bombs that the confidential informant could make to destroy the abortion clinic his friend’s wife was planning to use. Moose also described what he called “surveillance tactics” to be employed against the clinic, including his recommendation to drink some beer and stagger around the clinic pretending to be drunk. On September 5, the informant told Moose he had obtained the materials to make TATP; Moose told him the process for making the explosive. The FBI arrests Moose two days later. [Charlotte Observer, 9/9/2010; US Department of Justice, 9/9/2010 ; Women's Rights, 9/19/2010]
Media Fails to Report Moose's Actions, Plans as Terrorism - The Women’s Rights blog will note “that not one major news outlet referred to this as terrorism, despite the fact that systematically using violence and harassment to prevent citizens from providing or obtaining constitutionally-protected health care literally defines the term (which even the government reluctantly recognizes).… In the news covering this particular incident, the only reference to terrorism in any mainstream story came from Moose’s direct quotes… talking about himself. Look guys, if the dude in question essentially calls himself a terrorist and you can’t bring yourselves to follow suit, you’re either the world’s crappiest journalists or way too afraid of offending people who, quite frankly, deserve to be offended.… The unwillingness to admit that terrorism knows no racial or religious bounds is not a minor, meaningless discrepancy. Words matter, and our refusal to decry violent Christian and/or anti choice terrorism with the same fury we typically reserve only for Islamic fundamentalists both exemplifies and contributes to a culture where racism, religious discrimination, and violence against women and women’s rights is tolerated. It’s completely and totally unacceptable.” [Women's Rights, 9/19/2010]
Rusty Lee Thomas. [Source: The Gathering (.com)]The anti-abortion organization Operation Save America, formerly known as Operation Rescue (OR—see 1986), holds a press conference near the site of the 9/11 attacks to claim that terrorism directed against the US will continue, with the blessing of God, until abortion is made illegal. The organization also calls the Obama administration a “tyrannical government.” According to a pre-conference statement released by OSA assistant director Rusty Lee Thomas: “We are going to New York City at this hallowed time not to politicize September 11th, but to present a prophetic message, that if heeded, may prevent future attacks and restore God’s hand of blessing upon our beleaguered nation. Our sins of child-killing (abortion) and homosexuality have reached heaven. They are the roots of America’s troubles; a tyrannical government and the threat of Islam are the horrific fruits that are being produced under our watch. There is a direct connection between our spiritual and moral state and the litany of woe afflicting our nation. If America desires to secure a future and a hope for our children and grandchildren, we must end the American holocaust; quit parading our sin like Sodom, and return to the God of the Bible and His principles that served our nation so well in times past.… Since 1973 America has murdered FIFTY MILLION precious little children by abortion. The Bible warns that bloodshed follows bloodshed. We have sown domestic terrorism in the womb and we are reaping Islamic terrorism without. America is being turned over to her enemies. Our only hope is to REPENT of murdering our children and return to God through the merits of Jesus Christ the Savior of the world. If we repent and end abortion, God will deliver us from the evil of Islamic terrorism. But if we refuse, our enemies will continue to afflict our nation. We will continue to reap what we have sown.” [Right Wing Watch, 9/9/2010; Women's Rights, 9/10/2010]
Delaware Republican Party chairman Tom Ross receives a death threat over his support for incumbent Mike Castle (R-DE) in the upcoming Delaware Senate primaries. Castle, a House member widely considered to be a moderate Republican (see June 30, 2009), is opposed by Christine O’Donnell, a hard-right Republican who has received the support of several area “tea party” organizations. Ross receives an email telling him that he deserves “a bullet in the head” for backing “political _ss-kissing RINO’s” [Republicans in name only]. The email continues: “It is one thing to have your country screwed over by socialists, it is far worse to be backstabbed by people pretending to be your friends. We will either rid the GOP of pieces of sh_t like you, or we will start a new ‘Common Sense Conservative’ party and render you all useless.” Ross leaves his home temporarily in fear for his life, and the US Department of Justice mounts an investigation. The email contains the name and address of the sender, though that information will not be made public. “It is just scary what is going on right now,” says a Delaware Republican Party official. “Tom is a loyal and dedicated Republican officer in Delaware… the position is unpaid and his job as party chairman is to defend and promote the candidates.… It is disgusting, it is amazing, and it has no place in our democracy.” In a statement, O’Donnell’s campaign condemns the threat, saying, “We hope Mr. Ross and his family are safe, as no one should have to go through personal attacks like this.” Reporter Sam Stein concludes: “Coming at the end of an emotional and hard-fought campaign, it’s difficult to gauge both the purpose and the fallout of the death threat. If confirmed as both serious and sincere, it provides yet another piece of evidence that recently politics has veered into something more troubling than previously seen. O’Donnell supporters, undoubtedly, will be skeptical of the story’s emergence at this late stage of the primary fight, noting that Castle is the primary beneficiary if her candidacy is seen as inspiring political intolerance, if not downright violence.” [Huffington Post, 9/13/2010; Politico, 9/14/2010] Ross has been highly critical of O’Donnell’s campaign, stating that Delaware voters “are laughing” at her (see November 15, 2007), and has said that if she wins the primary, she is almost certain to lose against her Democratic opponent, county executive Chris Coons, in the November elections. Tea Party Express chairwoman Amy Kremer, of Sacramento, California, says of Ross’s criticisms: “Can you imagine the mess Tom Ross will have created when he is Delaware Republican Party chairman on Tuesday night when Christine O’Donnell becomes the Republican nominee for US Senate? It’s unacceptable, and Tom Ross must quit or be fired immediately. He is a walking disaster.” Current polls show Castle and O’Donnell in a statistical dead heat. O’Donnell has the support of several right-wing conservative groups, including the Senate Conservatives Fund, a group founded by Senator Jim DeMint (R-SC). [Gannett News Service, 9/5/2010; Politico, 9/13/2010] Recent reports have shown that O’Donnell has raised little money within Delaware, but has benefited greatly from “tea party” and other fundraising on her behalf in other states. [Gannett News Service, 9/5/2010] O’Donnell will win the Delaware primary. Castle will call the campaign the most unpleasant of his career. [USA Today, 9/5/2010]
ALL’s ‘Deadly Dozen’ poster. [Source: Pro Ecclesia (.com)]The anti-abortion advocacy organization American Life League (ALL) releases another in a series of “Deadly Dozen” ad campaigns. The first, in 1995, targeted a dozen abortion and health care providers, and was subsequently blamed for a spate of deadly violence against those named in the ads (see 1995 and After). In 2003, ALL launched a second “Deadly Dozen” campaign, this time targeting US senators (see January - April 2003). The current round of ads features a poster listing a dozen Catholic lawmakers, including members of Congress and of the Obama administration. The list includes Vice President Joseph Biden (D-DE); Secretary of Labor Hilda Solis; Secretary of Health and Human Services Kathleen Sebelius; Interior Secretary Ken Salazar; Senators John Kerry (D-MA), Mary Landrieu (D-LA), Susan Collins (R-ME), and Barbara Mikulski (D-MD); and Representatives Ginny Brown-Waite (R-FL), Nancy Pelosi (D-CA), Rosa DeLaurio (D-CT), and Mike Castle (R-DE). As with ALL’s 2003 campaign, the current campaign calls on the named lawmakers’ community bishops to deny them communion. The ad concludes with the slogan, “You can’t be Catholic and pro-abortion!” A blogger in Delaware reports seeing the poster in the vestibule of his church. [Jay Anderson, 9/13/2010]
Entity Tags: Mike Castle, Hilda Solis, Ginny Brown-Waite, Barbara Mikulski, American Life League, John Kerry, Mary L. Landrieu, Joseph Biden, Rosa DeLaurio, Nancy Pelosi, Ken Salazar, Obama administration, Susan Collins, Kathleen Sebelius
Timeline Tags: US Health Care, Domestic Propaganda, US Domestic Terrorism
Research from the media analysis firm Borrell Associates and other sources shows that spending for the 2010 midterm elections will outstrip the record-breaking spending of the 2008 elections, which centered around a presidential contest. The controversial Citizens United Supreme Court decision (see January 21, 2010) has “opened the floodgates” for corporate money to be used in electioneering and advertising, much of that money going anonymously to political parties and operations. It is unprecedented for midterm elections to involve more spending than presidential-year elections. Kip Cassino, vice president of research at Borrell Associates, says the Citizens United decision is directly responsible for the massive upswing in spending. “Unlike a lot of industries in the United States right now, which are seeing some downturns, political spending is absolutely a growth industry,” Cassino says. Corporate money is behind the surge, accounting for what he says is at least a 10 percent jump in advertising. Evan Tracey, president of the Campaign Media Analysis Group, says: “The unwritten charter of these [anonymously funded political] groups is to really be disruptive and try to go in there and turn a race on its head—or put a candidate on the defense. And by that nature, most of those ads that they’re gonna run this fall are gonna be negative ads.” Labor unions account for some of the surge in spending, but most of it comes from corporate donors, from conservative organizations such as the US Chamber of Commerce (see September 20, 2010, September 30, 2010, and October 2010), Americans for Prosperity (AFP—see Late 2004, May 29, 2009, November 2009, and July 3-4, 2010), and American Crossroads, a nonprofit political group headed by former Bush political advisor Karl Rove (see September 20, 2010, February 21, 2012, Late March 2012, and Late May 2012). Senator Robert Menendez (D-NJ) says, “While each of our campaigns has the resources they need to be competitive, we now face shadow groups putting their thumbs on the scale with undisclosed, unlimited, and unregulated donations.” However, national groups are not all of the important players in the spending surge. Tracey says: “We have a lot of little individual state-type groups that are starting to show up in some of the bigger races. And I think they’re going to play a much larger role in the fall.” One group cited in the research is a Nevada-based group called Americans for New Leadership, which has targeted Senate Majority Leader Harry Reid (D-NV) for defeat in a barrage of advertisements aired recently throughout the state. The group says it has spent $300,000 in ads attacking Reid and is prepared to spend more, but has not disclosed from whom that money comes. Senate and House races are seeing more involvement by heavily-funded groups placing ads in local markets for Republican candidates, or attacking Democrats, particularly from AFP, which has already spent some $1.5 million on House races. Craig Holman of the watchdog group Public Citizen says: “In 2004 and 2006, literally 100 percent of the groups were fully complying with the disclosure laws. Today, most groups do not disclose where they’re getting their money from.” The New York Times reports, “The situation raises the possibility that a relatively small cadre of deep-pocketed donors, unknown to the general public, is shaping the battle for Congress in the early going.” Sheila Krumholz of the Center for Responsive Politics observes: “Corporate interests are buying the elections? Oh no, it’s much worse than that. We don’t know who’s buying the election.” [New York Times, 9/13/2010; National Public Radio, 9/16/2010; Think Progress, 9/17/2010]
Entity Tags: Evan Tracey, Americans for New Leadership, American Crossroads, Americans for Prosperity, Craig Holman, Robert Menendez, Borrell Associates, US Chamber of Commerce, Kip Cassino, Karl C. Rove, Sheila Krumholz, Harry Reid
Timeline Tags: Civil Liberties, 2010 Elections
The left-leaning periodical Counterpunch publishes an article by Israel Shamir and Paul Bennett saying that Anna Ardin, a woman who has made sexual assault allegations against WikiLeaks founder Julian Assange (see August 20, 2010), is indirectly linked to the CIA. Towards the end of a long article with a tone of contempt for the allegations against Assange, Shamir and Bennett comment that Ardin is a politcal opponent of former Cuban dictator Fidel Castro and has published articles attacking the Cuban communist regime. The publisher of Ardin’s articles is apparently linked to the Union Liberal Cubana, run by the CIA-connected Carlos Alberto Montaner. Ardin has also visited—and been deported from—Cuba, where she interacted with the feminist anti-Castro Las Damas de Blanco organization, which receives funds from the US government and is linked to the convicted anti-communist terrorist Luis Posada. [CounterPunch, 9/14/2010] The allegations will later receive much attention on the Internet and be picked up by Internet news publication Raw Story. [Raw Story, 12/6/2010]
Nevada Republican Sharron Angle, running for the US Senate against Harry Reid (D-NV), urges her supporters in Utah to “take out” Reid. In January, Angle told a conservative radio host that someone should “take him [Reid] out” by “Second Amendment remedies,” which most observers took to mean by the use of firearms (see January 2010). Angle later withdrew her statement and said she meant “take him out of office” (see June 30, 2010). She said she had “changed her rhetoric” and would not use the term again. Angle restates her comment to say she wants to “defeat” Reid in the November election: “In Nevada, we understand we have the opportunity to take out—to defeat,” she says, drawing laughter. “I really have had to find a whole new vocabulary since the primaries.… The first thing we need to do is to defeat Harry Reid. That defeat will send a shock wave through Congress. It will let them know that this train is coming. They can either get on board or get run over by it.” Angle’s speech is part of a larger conference called “Utah United” that draws some 400 conservatives from Utah and the surrounding area, many of whom are self-described “tea party” members. The conference is sponsored by, among others: the far-right extremist John Birch Society (see March 10, 1961 and December 2011), the Eagle Forum, the National Center for Constitutional Studies, and the Utah Farm Bureau. Angle is one of several hard-right GOP candidates at the conference. She has the support of the national Tea Party Express, Eagle Forum founder Phyllis Schlafly, and the Club for Growth, a conservative group credited with aiding the ouster of incumbent US Senator Bob Bennett (R-UT) in last spring’s GOP primary. (Last summer, Angle said that Bennett had “outlived his usefulness” to the Republican Party.) Reid campaign spokesman Jon Summers says that Angle is “trolling for support anywhere she can get it because she’s not getting it from Nevadans. While she’s seeking every out-of-state endorsement she can get, Senator Reid has the support of more than 200 Nevada Republican leaders as well as law enforcement and business leaders, just to name a few. Nevadans are rejecting Sharron Angle because of her extreme agenda to kill Social Security, privatize the Veterans Administration, and ship 77,000 tons of nuclear waste to Yucca Mountain, just outside of Las Vegas.” Of Angle’s urging that someone “take out” Reid, Angle campaign spokeswoman Lee Rech says the statement “was just a slip.” Angle meant that she hoped to “retire” Reid from the Senate. [Salt Lake Tribune, 9/18/2010; Huffington Post, 9/19/2010]
Entity Tags: Utah Farm Bureau, Tea Party Express, Phyllis Schlafly, Robert F. (“Bob”) Bennett, Harry Reid, Eagle Forum, Club for Growth, John Birch Society, Sharron Angle, Jon Summers, National Center for Constitutional Studies
Timeline Tags: Domestic Propaganda, US Domestic Terrorism
Author Jerome Corsi (see August 1, 2008 and After, August 15, 2008, October 8, 2008, October 9, 2008, and July 21, 2009) alleges that President Obama stole the identity of a “natural born” American citizen and is “using someone else’s Social Security number.” Speaking to WorldNetDaily’s Taking America Back 2010 convention in Miami, Corsi tells the audience: “People say Barack Obama is an ‘undocumented worker’ in the White House. Well, partly that’s true. But you know what he really is. This is a case of identity theft. Barack Obama has stolen the identity of a natural-born citizen and is using the passport—I’m sorry, he’s using the Social Security number of someone who was issued that card, was issued to in Connecticut. Barack Obama never lived in Connecticut. He wasn’t in Connecticut at the time that card was issued. And the identity theft experts tell us that the card was issued first to somebody else. Why is Barack Obama using somebody else’s Social Security number? This is a case of identity theft.” Corsi offers no evidence to support his claim. [Media Matters, 9/21/2010]
A virulent anti-gay post on a gay rights blog comes from the office of Senator Saxby Chambliss (R-GA), according to that office. Hours after Senate Republicans blocked a vote on repealing the military’s “don’t ask, don’t tell” (DADT) policy regarding gays in the service, a poster only identifying himself as “Jimmy” visits the gay rights blog Joe.My.God and posts, “All f_ggots must die.” Blog owner Joe Jervis, a gay rights activist, checks the IP (Internet protocol) address of the commenter and finds that it comes from a US Senate address in Atlanta, Georgia. The office of Senator Johnny Isakson (R-GA) tells the Atlanta Journal-Constitution that the comment did not come from his office. Chambliss’s office responds with the following statement: “We have seen the allegations and are moving quickly to understand the facts. This office has not and will not tolerate any activity of the sort alleged. Once we have ascertained whether these claims are true, we will take the appropriate steps.” [Atlanta Journal-Constitution, 9/21/2010; Joe Jervis, 9/21/2010; TPM Muckraker, 9/22/2010] The day after the post is made, Chambliss issues a statement admitting that the post came from his office, though his staff has not yet determined who made it. Chambliss’s office makes the admission to a Journal-Constitution reporter, and says it has turned the matter over to the Senate’s sergeant at arms. [Atlanta Journal-Constitution, 9/22/2010; TPM Muckraker, 9/22/2010] Days later, Chambliss will fire the staffer, though he will continue to withhold the staffer’s identity. “The office of the Senate sergeant at arms has concluded its investigation, and I responded to that report immediately with the removal of a member of my staff,” Chambliss says in a statement. “I have called Mr. Jervis, the blog’s author, and apologized to him personally, and I am sorry for the hurt this incident has caused. Regardless of one’s position on issues and policies, such comments are simply unacceptable, are not befitting those who work in the US Senate, and I will not tolerate them from my staff.” [TPM Muckraker, 9/30/2010]
Online supporters of Sarah Palin (R-PA) threaten to murder a young, mentally unstable fellow supporter after Palin and a friend file a restraining order against the man. Palin and her friend, Kristan Cole, have filed 20-day restraining orders against Shawn Christy, an 18-year-old Pennsylvania resident; in the court filing, Palin says that in telephone and written communications with her staff, Christy threatened to track her down at her book signings in the continental US, warned her “that she better watch her back,” said he was buying a one-way ticket to Alaska, and sent her a gun-purchase receipt. “Bottom line is, he is crazy and could kill me,” Palin tells the court. “He wants me dead.” The court filings state that Palin and Cole believe Christy to be “delusional.”
Offers to Kill Him with 'Liberal Lead' - On September 28, the Mat-Su Frontiersman, the local newspaper for Palin’s hometown of Wasilla, Alaska, publishes the story of Christy’s threats and the restraining orders. Within hours, Palin supporters repost and comment on the story. The Frontiersman is forced to delete “many comments” made on its pages “because they suggested hunting Christy and killing him.” Some Palin supporters ask the paper to post a picture of Christy so that “‘decent’ people could hunt him down and kill him.” The paper’s editorial board writes, “We were shocked at the number of people from across the US calling for his death and offering to pull the trigger on a .45 loaded with ‘liberal lead’”—apparently bullets being saved for shooting liberals—and says it would not publish such a picture to protect Christy from potential harm. Despite his obvious threats, Christy is a Palin supporter who has donated to her political action committee, and spent his savings to buy a $200 ticket to an August 27 event in Pennsylvania featuring her as a speaker. He is also known to have made multiple threats against President Obama, Obama’s 2008 Republican challenger John McCain (R-AZ), against Palin, and against numerous local officials.
Investigated but Never Charged - Christy has been investigated by the FBI, the Secret Service, and the Capitol Police, and has been extensively interviewed, but has never been charged nor arrested. The Frontiersman describes him as “a young fan obsessed and then frustrated because he wanted to make contact with the Palins and be part of their phenomenon,” and notes that he has admitted being “in the wrong” for making his threats. The editors then write: “But on our Web page, readers have tried, convicted, and sentenced Christy.… There is no crime this young man could have committed, been charged with, and convicted for that would give anyone the right to hunt and kill him as so many of the commentors suggested. We wish the dozens of people who posted threats on our Web site—surely many much older than Shawn—could see that as clearly.” Christy’s father has said his son is being examined for possible psychiatric issues. Police from neighboring districts have been assigned to the Christy home to protect him from the wave of death threats he and his family are receiving. [District/Superior Court for the State of Alaska, 9/27/2010 ; Mat-Su Frontiersman, 9/30/2010; Mat-Su Frontiersman, 9/30/2010; Scranton Times-Tribune, 9/30/2010; Anchorage Daily News, 10/1/2010]
Palin 'Commands Forces ... Truly Terrifying and Violent' - Andrew Sullivan, a conservative columnist for The Atlantic, writes that Palin’s restraining order is “completely appropriate and understandable,” and Christy is “obviously unstable.” Sullivan then goes on to note: “[T]his story does reveal some of the virulence and anger and violence that lies beneath what has become a political cult.… This woman commands forces out there that are truly terrifying and violent. If you want to know why so much about her is still unknown, you do not understand the fear her followers and acolytes command in her native Alaska. That fear is real; and it is not without reason.” [Atlantic Monthly, 10/3/2010]
Fred Wertheimer of Democracy 21, an organization devoted to stricter campaign finance reform, writes an impassioned op-ed about the deleterious effects of unchecked corporate money pouring into elections as a result of the Citizens United decision (see January 21, 2010). Wertheimer is also angry about the success of recent Republican efforts to block passage of the DISCLOSE Act, which would have required some accountability for corporate and union donors (see July 26-27, 2010). Wertheimer begins by tracing how drastically the landscape of campaign finance has changed: In 2000, when Congress passed legislation restricting the ability of so-called “527” groups to affect federal elections, the laws passed with heavy bipartisan support (see 2000 - 2005 and June 30, 2000). Only six Republican senators, including current Senate Minority Leader Mitch McConnell (R-KY), voted against the legislation. Last week, when the Senate voted down the latest iteration of the DISCLOSE Act, McConnell led the Republican efforts against the bill, and all 38 GOP senators voted against it. (The latest version of the DISCLOSE Act failed to reach the Senate floor, as Democrats were unable to break a Republican filibuster against the bill.) Wertheimer writes, “Senate Republicans went from 89 percent support for campaign finance disclosure in 2000 to 100 percent opposition to campaign finance disclosure in 2010.” Wertheimer goes on to write: “Ten years after Congress passed campaign finance disclosure for 527 groups by overwhelming bipartisan votes, the campaign finance disclosure issue hasn’t changed nor has the national consensus in the country in favor of disclosure; the votes of Senate Republicans, however, have changed. In 2000, Senator McConnell was a lonely Senate Republican voice against campaign finance disclosure. In 2010, Senator McConnell had 38 Republican Senators voting in lockstep with him to block campaign finance disclosure and to deny citizens information they have a basic right to know.” [Huffington Post, 9/28/2010]
Senate Finance Committee Chairman Max Baucus (D-MT) asks the IRS to investigate a number of private organizations organized under the nonprofit, tax-exempt 501(c)4 and (c)6 status to ensure that they are not violating tax law. Such groups can engage in political activity, such as funding television ads for or against candidates for office, as long as their primary purpose is not politically motivated. Baucus writes in his letter to the IRS that he believes many of these groups, most of whom support Republican candidates and/or attack Democratic candidates, are almost exclusively focused on politics. The tax laws organizations such as Crossroads GPS and Americans for Job Security (AJS) operate under allow them to keep information about their donors secret while simultaneously running advertisements in elections. Baucus asks the IRS to examine whether the groups’ “political activities reach a primary purpose level” and “whether they are acting as conduits for major donors advancing their own private interests regarding legislation or political campaigns, or are providing major donors with excess benefits.” He continues, “Possible violation of tax laws should be identified as you conduct this study,” and adds that the committee plans to “open its own investigation and/or to take appropriate legislative action.” In his letter he notes that an “Alaska Public Office Commission investigation revealed that AJS, organized as an entity to promote social welfare under 501(c)(6), fought development in Alaska at the behest of a ‘local financier who paid for most of the referendum campaign.’ The Commission report said that ‘Americans for Job Security has no other purpose other than to cover money trails all over the country.’ The article also noted that ‘membership dues and assessments… plunged to zero before rising to $12.2 million for the presidential race.’” He also provides information about another, unnamed 501(c)4 group, which “transform[ed] itself into a nonprofit under 501(c)(4) of the tax code, ensuring that they would not have to ‘publicly disclose any information about its donors,’” and engaging primarily in political activity. He asks, “Is the tax code being used to eliminate transparency in the funding of our elections—elections that are the constitutional bedrock of our democracy?” He also writes that the IRS should be concerned “whether the tax benefits of nonprofits are being used to advance private interests.” He concludes by writing that the committee will open its own investigation into the matter. [Politico, 9/29/2010]
US-Bahrain Business Council logo. [Source: US-Bahrain Business Council]The US Chamber of Commerce (USCC), in a methodology made legal by the Citizens United Supreme Court decision (see January 21, 2010), uses foreign-generated funds to disseminate “attack ads” against Democrats running for office in the November midterm elections. The USCC has targeted, among others, Jack Conway (D-KY), Senator Barbara Boxer (D-CA), Governor Jerry Brown (G-CA), and Representatives Joe Sestak (D-PA) and Tom Perriello (D-VA). The USCC, a private trade association organized as a 501(c)(6) that can raise and spend unlimited funds without disclosing any of its donors, has promised to spend $75 million to prevent Democrats from winning in the upcoming elections. The USCC has, as of September 15, aired over 8,000 television ads supporting Republican candidates and attacking Democrats, according to information from the Wesleyan Media Project. The USCC has far outspent any other public or private group, including political parties. The funds for the USCC’s efforts come from its general account, which solicits foreign funding. Legal experts say that the USCC is likely skirting campaign finance law that prohibits monies from foreign corporations being spent in American elections. The USCC has been very active in recent years in raising funds from overseas sources, with such funds either going directly to the USCC or being funneled to the USCC through its foreign chapters, known as Business Councils or “AmChams.” Some of the largest donations come from the oil-rich country of Bahrain, generated by the USCC’s internal fundraising department in that nation called the “US-Bahrain Business Council” (USBBC). The USBBC is an office of the USCC and not a separate entity. The USBBC raises well over $100,000 a year from foreign businesses, funds shuttled directly to the USCC. A similar operation exists in India through the auspices of the USCC’s US-India Business Council (USIBC). The USIBC raises well over $200,000 a year for the USCC. Other such organizations exist in Egypt, Russia, China, Saudi Arabia, Brazil, and other countries, with those nations’ laws making it difficult or impossible for the public to learn how much money is being raised and by which foreign entities. Multinational firms such as BP, Shell Oil, and Siemens are also active members of the USCC, and contribute heavily to the organization. If those firms’ monies are going to fund political activities, the Citizens United decision makes it legal to keep that fact, and the amount of money being used to fund those political activities, entirely secret. It is known that the health insurer Aetna secretly donated $20 million to the USCC to try to defeat the Affordable Care Act (ACA) last year, and News Corporation, the parent of Fox News, donated $1 million to the USCC to use in political activities (see September 30, 2010). The USCC is a strong opponent of Democrats’ efforts to persuade American businesses to hire locally rather than outsourcing jobs to countries such as China and India, and has fought Democrats who oppose free trade deals that would significantly benefit foreign entities. The USCC claims that it “has a system in place” to prevent foreign funding for its “political activities,” but refuses to give any details. [Think Progress, 10/5/2010]
Entity Tags: Joe Sestak, British Petroleum, Barbara Boxer, Aetna, Jack Conway, US-India Business Council, Wesleyan Media Project, US Chamber of Commerce, News Corporation, Royal Dutch/Shell, US-Bahrain Business Council, Siemens, Thomas Perriello, Edmund Gerald (“Jerry”) Brown, Jr
Timeline Tags: Civil Liberties
A heated battle is brewing in Florida over state constitutional Amendments 5 and 6, which if voted into effect in November, would create stricter rules for Florida legislators to follow while redrawing state districts. Proponents say that Florida’s electoral districts are gerrymandered to create a few districts “packed” with African-American voters, and large numbers of districts dominated by white voters. As a result, the white voters, who tend to vote Republican, are able to vote in majorities of Republican lawmakers to the Florida legislature, and the US Congress, year after year. The amendments would ban the practice of drawing political districts to favor or disfavor an incumbent or political party. Amendment 5 pertains to legislative districts, while Amendment 6 deals with congressional districts. The political action committee (PAC) Protect Your Vote (PYV) is one of the most powerful and well-financed groups opposing the new amendments; the amendments are being pushed by groups such as Fair Districts Now, which proposed the amendments and secured enough backing for them to get them on November’s ballots. PYV, which portrays itself as nonpartisan, argues that Amendments 5 and 6 would make redistricting a long, expensive process and would in the long run result in a decrease in minority representation in Congress and the Florida legislature. However, an investigation by the Florida Independent turns up information that may call PYV’s motives into question. The head of the group is former Florida Secretary of State Kurt Browning, a Republican who left the position after state laws governing retirement changed. Browning retired before the new laws could take effect, that would have prevented him from retiring and then returning to his old job and essentially drawing two salaries at once. Browning was a strong advocate for the controversial 2005 Voter Registration Verification Law, the so-called “No Match, No Vote” law that forced new voters to submit identifying numbers to the state before they are allowed to vote (see September 17, 2007). The law effectively disenfranchised almost 8,000 voters, the majority of whom were African-Americans and Hispanics, and over three-quarters of whom were registered Democrats. PYV’s honorary chairman is Representative Corrine Brown (D-Jacksonville), believed by critics to be against the amendments “solely to keep the large majority she enjoys in her district in order to keep her seat safe from challengers,” according to a report by Sunshine State News. Critics say Brown gives PYV a veneer of bipartisanship, but the organization is funded almost entirely by Republican donors and the steering committee is made up of three Democrats and 12 Republicans. Two-thirds of the organization’s funding—some $1.2 million—comes from the Florida Republican Party. The listed address of the organization, in Tampa, is an accounting firm, Robert Watkins & Company; Robert Watkins’s wife Nancy Watkins is a veteran Republican political operative. [Florida Independent, 10/6/2010; Florida Independent, 10/22/2010]
Jadon Higganbothan before his murder. [Source: WRAL-TV]A four-year-old boy and a 28-year-old woman are killed, apparently through their contact with a small North Carolina religious cult. Peter Lucas Moses, the head of a “family” made up of four women and nine children, is charged with first-degree murder in the deaths of four-year-old Jadon Higganbothan and 28-year-old Antoinetta Yvonne McKoy; prosecutors say they will seek the death penalty. Group members, all women and children, call Moses “Lord” and reportedly fear him. Prosecutors say Moses killed Higganbothan because he believed the child “act[s] gay,” and McKoy because she found out she could not bear children and wanted to leave the group’s home in Durham, North Carolina. In February 2011, a woman escapes from the group’s home and contacts police. Her identity is not made public. She lived at the home with Moses, Higganbothan, McKoy, and three other women also charged in the slayings: Higganbothan’s mother, Vania Rae Sisk, 25, Lavada Quinzetta Harris, 40, and Larhonda Renee Smith, 40. Sisk, Lavada Harris, and Smith face first-degree murder charges in McKoy’s death and charges as accessories in Higganbothan’s death. Investigators believe some of those involved in the deaths are members of a religious sect known as the Black Hebrews, which claims it descends directly from the ancient tribes of Israel. The unnamed woman informs police that two people were killed in the house. Court records show that police had a confidential informant in the case. The women call themselves “wives or common-law wives” of Moses, according to Durham County District Attorney Tracey Cline. “The arrangement was the women would periodically occupy the master suite with” Moses. Cline refuses to call the group a cult. Moses is the father of all the children except for Higganbothan; according to prosecutors, Moses feared that Higganbothan might be gay because his father had left Sisk, and Moses told her to “get rid” of the child. “In the religious belief of that organization, homosexuality was frowned on,” Cline says. In October 2010, Moses becomes incensed after learning that Higganbothan had struck another child in the rear, begins screaming, “I told you to get rid of him!” begins playing loud music, takes Higganbothan into the garage, and shoots him in the head. The women put the child’s body into a suitcase and place the suitcase in Moses’s master suite; he later orders the women to remove the suitcase because it is beginning to smell. On December 21 or 22, prosecutors will say, McKoy is also murdered by Moses. She attempts to go to a neighbor’s house and call her mother in Washington, DC, but Moses drags her back to their home and beats her throughout the day, sometimes joined by some of the other women. He then attempts to strangle her with an extension cord, and finally takes her into the bathroom and shoots her to death. The neighbor will later say she did not call police because she thought that it was a group home and that McKoy might be mentally disturbed. Prosecutors find diary entries written by McKoy begging “Lord” not to kill her. The group throws a party later in the week, and Moses displays McKoy’s corpse to several of his relatives, including his mother, brother, and sister, who are later charged as accessories in McKoy’s death. McKoy’s body is stored in a black plastic garbage bag. Eventually “family” members bury both bodies in the back yard of a house that was Moses’s mother’s former residence. Plumbers find the body in June 2011. Prosecutors find shell casings and blood in the garage and master bedroom of Moses’s house. They also find a .22-caliber gun matching the shells found in the house on the roof of a Colorado townhouse, where the “family” moves in February 2011. The other eight children, who say they feared Moses would do to them “what he did to Jadon,” according to Cline, are taken into foster care. McKoy’s mother, Yvonne McKoy, says she is still numb and cannot believe her daughter is gone. “I’m just grateful to God that justice has been served and God is going to do what God is going to do,” she says. [WRAL-TV, 7/8/2011; Associated Press, 7/8/2011]
The Ninth Circuit Court of Appeals rules 11-0 that Washington State’s felon disenfranchisement law does not violate the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989). The case, Farrakhan v. Gregoire, has been in the court system for seven years (see July 7, 2006), and an appeals court panel found by a 2-1 vote that the felon disenfranchisement law did indeed violate the VRA by racially discriminating against voters. The appeals court finds that Washington committed no “intentional disenfranchisement” in its denial of the right to vote to convicted felons, and writes: “Because plaintiffs presented no evidence of intentional discrimination in the operation of Washington’s criminal justice system and argue no other theory under which a section 2 challenge might be sustained, we conclude that they didn’t meet their burden of showing a violation of the VRA. Accordingly, the district court didn’t err when it granted summary judgment against them.” [Brennan Center for Justice, 1/5/2010; Equal Justice Society, 10/14/2010; ProCon, 10/19/2010]
Glenn Beck discusses the Tides Foundation during his Fox News broadcast. [Source: NewsRealBlog (.com)]Journalist John Hamilton publishes the results of a series of interviews with Byron Williams, who is charged with multiple counts of attempting to murder police officers from a shootout with Oakland, California, Highway Patrol officers (see July 18, 2010 and After). Williams has said that he targeted a progressive charitable foundation in San Francisco, the Tides Foundation, because of its liberal policies, and has said he intended to “start a revolution by traveling to San Francisco and killing people of importance at the Tides Foundation and the ACLU.” Since his arrest, Williams has retained Hamilton to be his “media advocate.”
Williams and Fox's Beck - Williams told Hamilton that his primary political influence and informational source is Fox News talk show host Glenn Beck. Williams had Hamilton watch specific broadcasts of Beck’s shows to glean information about what Williams describes as an intricate conspiracy between President Obama, liberal philanthropist George Soros (see August 8, 2006 and February 2007), Brazilian oil company Petrobras, and BP, the corporation responsible for triggering the Gulf oil disaster. Williams also cites right-wing pundit David Horowitz (see August 5, 2003 and November 30, 2004) and right-wing conspiracist Alex Jones (see July 24, 2009) as other influences. The progressive media watchdog organization Media Matters notes that Beck spoke 29 times about the Tides Foundation in the 18 months leading up to Williams’s shooting spree, sometimes at length; other pundits rarely mentioned the organization, if at all, during that same time period. Williams defends Beck, saying that the talk show host advocates non-violence and merely “confirm[ed]” his belief in the conspiracy. “Beck would never say anything about a conspiracy, would never advocate violence,” Williams told Hamilton. “He’ll never do anything… of this nature. But he’ll give you every ounce of evidence that you could possibly need.” Beck, he says, is “like a schoolteacher on TV. You need to go back to June—June of this year, 2010—and look at all his programs from June, and you’ll see he’s been breaking open some of the most hideous corruption.” In that month, Beck advised his viewers to stop a Democratic-orchestrated “march towards Communism” by “shoot[ing]” Democrats such as Speaker of the House Nancy Pelosi (D-CA) “in the head (see June 9, 2010).
Genesis of a Shootout - Williams moved to his childhood home in Groveland, California, in 2007 after serving a prison sentence for a 2001 bank robbery. Williams has an extensive criminal record, and has been convicted of assault, property destruction, hit-and-run, and drunken driving. He lived with his mother during that time, unable to find steady work, and growing increasingly depressed and fascinated with right-wing radio and television. His neighbor, Tom Funk, told Hamilton of Williams’s profanity-laden tirade on the night of November 4, 2008, after Obama won the presidency. He remembered Williams shouting what he calls racist, drunken threats after the news of Obama’s victory was announced, saying: “He was up there cussing and saying that America is not going right by having a black president. He was using words he shouldn’t be saying after 9/11, because it would have put him in jail. Threatening words towards the president.” In the days before and after the election, Funk said, Williams liked to listen to radio talk show host Michael Savage (see January 10, 2008, March 13, 2008, and November 10, 2008). Hamilton found transcripts of Savage’s radio broadcasts during that time; Savage held forth about the “bloodbath coming to America” should Obama be elected, and predicted that the nation was on “the verge of a Marxist revolution in the United States of America. You have a naked Marxist, America-hating, white-hating [Democratic] party—wing of the party—about to seize power. And you don’t even know it.” Hamilton then interviewed Williams’s mother Janice, who drives an SUV with “Palin 2012” bumperstickers on it. Williams’s mother told Hamilton that in phone calls and a letter to her, her son “basically said: ‘I’m sorry, I never intended to hurt anyone. I got really angry and lost my head.’” She said she did not believe her son would actually have attacked either the ACLU or the Tides Foundation. She also denied that her son shouted racial imprecations after Obama’s election, saying: “I read one account that he used the n-word. I don’t believe that. The neighbors told that to the media, but they just wove that out of whole cloth. I don’t care how loud anyone here gets, there’s no way anyone over there could have heard anything that far away. It’s just someone seeking publicity.” She said her son does not tolerate alcohol well, because he is partly “American Indian… [t]hat’s why he can’t drink.” The day of the shooting, she “found 18 or 20 beer bottles by the sink.” Her son is angry, she told Hamilton, because of “the federal government. And the shadow government that operates behind the scenes, manipulating things.” She said she agreed with many of her son’s concerns about government intrusion: “I believe in limited government. The government should be there solely for the purpose of protecting our borders. All the other stuff is add-ons. This whole Obamacare thing has everything to do with consolidating government. There’s no concern about the little people. Having said that, my hope was to retake the country peacefully, through the ballot box.” She denied that her son was influenced by Beck, Savage, or any other right-wing commentator, saying: “All the reporters who came out here last month were blaming what he did on Rush [Limbaugh], Glenn Beck, and the tea party. Why would you blame the messenger? If Glenn Beck tells us something, and everyone gets upset about it, why blame him?” She called the Tides Foundation “a money laundering scheme for the radical left that didn’t want their names attributed to what they were doing,” a charge first leveled by Beck. She did confirm that her son was a Beck fan: “Yes, he liked Glenn Beck, but he didn’t feel he went far enough. He’d take it only so far, but stopped short.” She added that almost everyone she had heard from after the shooting supported her son’s position: “I had only one hate call out of all the thousands of people who heard about this case. Most people have expressed support—not for the act, but for the frustration behind it.”
Jailhouse Meetings - Hamilton talked to Williams in the visiting area of the Santa Rita Jail in Dublin, California, twice over a period of two weeks. Williams told Hamilton that he worried about being portrayed as an “extremist,” and said he should probably not discuss “that incident”—the shooting—because of his pending criminal trial. Williams was loquacious about his political views; he said, “My big thing was the oil rig, the Deepwater Horizon,” referring to the immense BP oil spill in the Gulf of Mexico. “I’ve uncovered enough evidence to—I think in a court of law it could bring [BP CEO] Tony Hayward, Barack Obama, George Soros, and members of Halliburton indicted for treason.” Williams believes that the oil spill was deliberate, plotted by Soros. “It was a sabotage,” Williams explained. “Hayward and [Wall Street financial firm] Goldman Sachs sold their stock, which was depreciating, two weeks before the spill. Soros invested $1 billion of his own money into Petrobras. Soros has the Tides Foundation and the Tides fund. He funnels billions of donated dollars into the fund, which he uses for all kinds of nefarious activities.… Obama sent 2 billion of taxpayer dollars to Petrobras for deep water oil exploration, while holding a moratorium on deepwater exploration in the US. Once you see this pattern—it’s fishy stuff.… Halliburton, whose job was to seal the well—two days before the explosion, they bought an oil spill clean-up company.… When I saw the news was dropping the issue like a hot potato, I became infuriated.” He concluded: “The bottom line is that George Soros is the financier of Obama. And Obama has a clear agenda: First he did the health care reform. After that, it was all about energy. He wants to impose the worst tax ever conceived: a cap-and-trade system on carbon emissions. Think of it. Even your breathing could be taxed, because you give off greenhouse gases. That’s why I did what I did. There are not a lot of people fighting back. I don’t see a response.” Williams evoked the Civil War by asking why Gulf Coast residents did not rise up in arms about what he says was a conspiracy to destroy their shoreline for Soros’s profit. “What ever happened to the spirit of the South, of the Confederacy in the Civil War?” Williams summed up the plot as he sees it: “What I see here is a plan to bring the country down.”
Sources of Information - Asked where he gets his information, Williams responded: “Alex Jones. PrisonPlanet.com is his Web site. Also, DiscoverTheNetworks.” Hamilton identifies Williams’s sources: “Jones is a conspiracist and repeat Fox News guest who mingles dire warnings of the ‘New World Order’ (see September 11, 1990) with stories of government complicity in the 9/11 attacks. DiscoverTheNetworks is a Web site claiming to track ‘the individuals and organizations that make up the left.’ It’s run by David Horowitz, a former leftist who has reinvented himself as a right-wing propagandist.” Williams then named Beck as another major source of his information and said Beck is “like a schoolteacher” who uses his chalkboard to great effect. “I collect information on corruption,” Williams said. “I’ve been at it for some time.… Our media accepts the false reports and downplays the conspiracy theories.… A public that is aware of corruption can oppose the corruption. A public kept in the dark simply passes it by.” Fox News, Williams said, is the only television news outlet that is not “censored,” he said. “So perhaps Fox has broken away from the mold.” Aside from its presumably independent status, Williams added: “There’s only one conservative channel. That’s Fox. All the other ones are all liberal channels.” Williams stated that he watched Fox because of Beck, and not vice versa: “I would have never started watching Fox News if it wasn’t for the fact that Beck was on there. And it was the things that he did, it was the things he exposed that blew my mind. I said, well, nobody does this.” Williams told Hamilton to “go back to June—June of this year, 2010—and look at all his programs from June. And you’ll see he’s been breaking open some of the most hideous corruption. A year ago, I was watching him, and it was OK, he was all right, you know?… But now he’s getting it.” Williams said that he believes Beck knows more than he is willing to tell. Referring to the Gulf Oil spill, Williams said: “This is what he won’t do, Beck will not say it was a contracted hit. But he’ll give you every ounce of evidence you can possibly need to make that assumption yourself.… You see what I mean?… That’s why he downplays the 9/11 truthers. He talks bad about them.” Williams then retold some conspiracy theories that he apparently believes that Beck seems to dismiss, including the Alex Jones-propagated idea that the US government was responsible for the 9/11 attacks. Of his various conspiratorial beliefs, he advised Hamilton: “Think like a conspiracy theorist. Except don’t use the word ‘theory.’ Because the conspiracies are not theories. The official report is the lie; the conspiracy is the truth.” Beck’s mission, Williams said, is to “expose” progressives and “leftists” who are endangering American democracy.
Ties to Tides - Beck is the source from which Williams first learned about the Tides Foundation, which he believes is at the heart of the Soros/Obama plan to destroy America. Beck himself has said of the Tides: “The chalkboard was brought up… for the Tides Foundation. I think that might have been the first time we used it.” His efforts to “expose” Tides “was the first time that I really realized its success—Tides Foundation and ACORN (Association of Community Organizations for Reform Now). Because you can map it all out. And I know that they make fun of me for it, but that’s—that’s the difference.… Tides was one of the hardest things that we ever tried to explain. And everyone told us that we couldn’t. It is the reason why the blackboard really became what the blackboard is. It is because I was trying to explain Tides and how all of this worked.” Beck has repeatedly, and falsely, labeled the organization as “George Soros’ Tides Foundation,” which he has suggested is part of a liberal plot to “create mass organizations to seize power.” Tides, he said, is a “shady organization” that funnels money to “some of the most extreme groups on the left.” Beck has asserted that Tides is “involved in some of the nastiest of the nasty.” In the 18 months preceding Williams’s shooting spree, Beck attacked Tides 29 times on his Fox show. [Media Matters, 10/11/2010]
Entity Tags: Fox News, Tom Funk, David Horowitz, British Petroleum, Barack Obama, Association of Community Organizations for Reform Now, Tides Foundation, Alex Jones, American Civil Liberties Union, Rush Limbaugh, Tony Hayward, Nancy Pelosi, Janice Williams, Halliburton, Inc., Goldman Sachs, Glenn Beck, George Soros, John Hamilton, Petrobras, Media Matters, Michael Savage, Byron Williams
Timeline Tags: US Domestic Terrorism
American Future Fund logo. [Source: American Future Fund / Talking Points Memo]Three citizen watchdog and pro-campaign finance groups, the Center for Media and Democracy, Protect Our Elections, and Public Citizen, allege that the tax-exempt nonprofit group American Future Fund (AFF) is violating tax law by operating primarily as a political advocacy group. AFF was founded and is operated by Nick Ryan, a former campaign advisor for former Senator Rick Santorum (R-PA) and former Representative Jim Nussle (R-IA), and the head of a political consulting firm, the Concordia Group. Ryan also founded a pro-Santorum “super PAC” called the Red, White and Blue Fund. State Senator Sandra Greiner (R-IA) and prominent Iowa Republican Allison Dorr Kleis serve as the organization’s directors. The group states that it advocates for “conservative and free market ideals.” The New York Times will later confirm that Bruce Rastetter, co-founder and CEO of Hawkeye Energy Holdings, a large ethanol company, provided the seed money for AFF in 2008. Investigations by the Center for Public Integrity will also show that the Pharmaceutical Research and Manufacturers of America (PhRMA) contributed $300,000 to the organization in 2010. The group also received $2.44 million from another 501(c)4 group, the American Justice Partnership, which advocates for “tort reform,” and over $11 million from the Center to Protect Patients’ Rights, another 501(c)(4) organization. The Times will find that AFF-supported candidates win 76 percent of the time, making the group “one of the most effective outside spending groups of the 2010 election cycle.” The law allows 501(c)4 groups (see 2000 - 2005) such as AFF to operate without taxation or legal scrutiny as long as they spend the bulk of their resources on “further[ing] the common good and general welfare of the people of the community” and not political advocacy. Moreover, federal election law provides that if a group’s major purpose is electioneering and it spends at least $1,000 to influence elections, it must register as a political action committee (PAC). A New York Times analysis recently showed that AFF spent 56 percent of its television budget on political advertising, and so far has spent $8.8 million on television ad buys. Its ads attack Democratic candidates in Indiana, Iowa, New Mexico, and West Virginia, and expressly tell voters to cast their ballots against these candidates. And the organization’s Web site says it exists to “target… liberal politicians.” The group says it plans to spend as much as $25 million on the 2010 elections. In a press release, Public Citizen says that AFF, “a conservative nonprofit group pouring money into the 2010 midterm elections, appears to be violating campaign finance law.” The three groups file a complaint with the Federal Election Commission (FEC) asking it to decide whether AFF has violated the tax code. If so, AFF would be forced to re-register as a PAC and be subjected to more disclosure requirements, particular who donates to the organization and how much they donate. Craig Holman of Public Citizen says: “American Future Fund is pulling out the stops to ensure that Republicans are elected this November. That imposes on the group the legal duty to register with the FEC and disclose exactly who is funding all those expenditures.” Protect Our Elections spokesperson Kevin Zeese says: “In this first post-Citizens United (see January 21, 2010) election, corporations and their executives are testing the limits of the law and crossing over into illegality. They cross the line when they use nonprofit groups to urge people to vote ‘for’ or ‘against’ a specific candidate. Political committees violate the law when they accept anonymous contributions for their work. These violations of federal election and tax laws need to be challenged now; otherwise we will see even more anonymous corporate donations trying to illegally manipulate voters into voting against their own interests in future elections.” And Lisa Graves of the Center for Media and Democracy says: “Groups spending millions to attack Americans running for office should not be able to use their tax-free status to hide the truth about which fat cats are behind their ads. Voters have a right to know which corporations or millionaires are laundering their profits through nonprofits like the American Future Fund, whose main business seems to be electioneering. We have joined this complaint to demand that the law be enforced and the truth be told.” [Center for Media and Democracy, Protect Our Elections, and Public Citizen, 10/12/2010 ; Public Citizen, 10/20/2010; Mother Jones, 1/28/2011; iWatch News, 6/21/2012] AFF will continue to operate as a 501(c)4 group in spite of the FEC complaint, and will continue to spend heavily on anti-Democratic ads, many of which will be proven to be false by organizations such as FactCheck (.org). More complaints will be filed against the organization, including a February 2011 IRS complaint by Citizens for Responsibility and Ethics in Washington (CREW). [iWatch News, 6/21/2012]
Entity Tags: Center to Protect Patients’ Rights, Red, White and Blue Fund, Center for Public Integrity, Bruce Rastetter, American Justice Partnership, American Future Fund, Allison Dorr Kleis, Public Citizen, Protect Our Elections, Sandra Greiner, Nick Ryan, Federal Election Commission, Kevin Zeese, Craig Holman, Citizens for Responsibility and Ethics in Washington, Concordia Group, Center for Media and Democracy, Pharmaceutical Research and Manufacturers of America, New York Times, Lisa Graves
Timeline Tags: Civil Liberties
Two Shenandoah, Pennsylvania, teenagers, Brandon Piekarsky and Derrick Donchak, are convicted of violating Luis Ramirez’s civil rights when they beat and kicked him to death in what prosecutors call a racially motivated crime (see July 12, 2008 and After). The two were acquitted of all but the lightest charges in a local trial (see May 2, 2009 and After), but a subsequent investigation by the FBI led to charges against the two teenagers and three local law enforcement officers whom the FBI says covered up the specifics of the murder (see December 15, 2009). Both teenagers face life sentences. Schuykill County District Attorney James P. Goodman took the case away from Shenandoah police officers and had his own detectives bring it to court; observers credit Goodman’s detectives with making a far stronger case against Piekarsky and Donchak than the Shenandoah police officers presented in the first trial. [Hazleton Standard Speaker, 1/28/2011] After the first trial, Goodman said he thought the Shenandoah police officers had “compromised” the case from the outset. He told a CNN reporter: “They didn’t interview the perpetrators, the boys. In fact, not only did they not interview them, they picked them up, gave them rides, helped them concoct stories, brought them back, and told the boys what to say.… It’s clear they were trying to help these boys out, for whatever reason—they were football players, these police officers were trying to help these boys out and limit their involvement in the death of Luis Ramirez.” [CNN, 12/17/2009] Investigators have indicated that Donchak identifies with white supremacist ideology, wearing “Border Patrol” T-shirts and listening to overtly racist music. During the trial, prosecutors played one song from Donchak’s collection, titled “The White Man Marches On,” whose lyrics glorify violence against minorities. Prosecution witness Colin Walsh told the jury: “He’d sing along with it. He really didn’t like Hispanics.” Walsh testified that he saw Piekarsky deliver the kick that resulted in Ramirez’s death. Walsh said that after the beating, Piekarsky boasted to him that “he kicked the guy so hard his shoes flew off.” Eyewitness Victor Garcia testified that instead of going after Piekarsky, Donchak, and the other teenagers, who fled the scene after beating and kicking Ramirez, the police harassed him and other Hispanic witnesses. The mother of another teenager who attacked Ramirez, Brian Scully (see May 18, 2009), testified that Moyer called her in the days after the beating and told her if her son had gray-blue sneakers, to “get rid of them.” Testimony also showed that Moyer worked with Piekarsky, Walsh, and others involved in the beating to revamp the story of the beating to eliminate all references to racist comments, and to paint Ramirez as the instigator of the fight. [Scranton Times Tribune, 10/9/2009]
Martha Dean. [Source: Connecticut Political Reporter]Connecticut attorney general candidate Martha Dean, a Republican lawyer, says state governments should be able to ignore federal laws if their lawmakers so choose, even if the US Supreme Court rules the laws constitutional. In some instances, “the Supreme Court is just wrong, so what option does the state have?” Dean says. “They have the option of nullification.” “Nullification” is the idea that the Tenth Amendment gives the states the power to “nullify,” or override, federal law. [The Day, 10/14/2010] The concept gained national notoriety in 1830, when Vice President John C. Calhoun set off the so-called “Nullification Crisis” that almost led to an armed conflict between South Carolina and the rest of the nation, and helped set the stage for the Civil War 30 years later. It came to the fore again in 1956, when segregationists attempted to use the concept to persuade state leaders to ignore the Supreme Court decision, Brown v. Board of Education, that mandated the desegregation of public schools (see March 12, 1956 and After); Arkansas Governor Orval Faubus attempted to invoke “nullification” when he resisted orders to integrate Little Rock public schools, an effort that was shut down by unanimous rulings of the Court. Article 6 of the Constitution states that acts of Congress “shall be the supreme law of the land… anything in the Constitution or laws of any State to the contrary notwithstanding.” Founding father James Madison argued that nullification would “speedily put an end to the Union itself” by allowing federal laws to be freely ignored by states. [Constitution (.org), 8/28/1830; Think Progress, 9/27/2010; The Day, 10/14/2010] Dean says the doctrine of “nullification” is valid and viable, saying: “This is a tool that has existed. It is a tool that isn’t often used. It isn’t often needed.” She says that when state officials such as herself, or elected governors or lawmakers, feel the federal government’s laws surpass Tenth Amendment limitations, then Connecticut and other states should nullify those laws. Dean says her position is controversial only to “the left.” However, the idea has been used for centuries by anti-government activists, most memorably during the run-up to the Civil War and the battle over civil rights for African-Americans in the 1950s and 1960s. Law professor Richard Kay says the idea is entirely invalid. “This was a very plausible argument up until 1865,” Kay says. “But after the Civil War, what was a genuine argument about the nature of the American constitutional system was pretty decisively decided. Since 1865 it’s pretty much a settled matter, with some rare fringe arguments to the contrary. The question of who has the ultimate authority to interpret the Constitution was settled” in favor of the US Supreme Court. The idea that the Constitution is not an ultimately binding authoritative document, but merely an agreement between autonomous states—the core of “nullification”—has always been “very controversial,” Kay notes, and has been rejected by the Supreme Court since 1819. Dean states that the Court’s decisions have been twisted by “liberal law professors,” and rejects the idea that the US Supreme Court is the ultimate arbiter of constitutionality. Her opponent, Democrat George Jepsen, says her idea would lead to chaos. If states can simply refuse to abide by the rulings of the Supreme Court, federal statutes themselves would become unenforceable, he says, and there would be nothing to stop states from seceding altogether. “The point is that we have one Constitution and there needs to be one place that defines what that Constitution means,” Jepsen says. “Under nullification, any state legislature, any state governor could declare that a law is unconstitutional. That would send us onto a course where there would be 50 different unique interpretations of a federal statute. We would cease to be a united nation.” Jepsen calls Dean’s views “extreme.” Dean contends that the idea would not necessarily threaten the Union, and says, “It’s been worked out in the past.” She goes on to say that “I don’t think desegregation was really controversial aside from a few states in the South.” Kay says Dean’s views were quite mainstream in 1842, but not since then. [The Day, 10/14/2010] After being challenged by a constitutional scholar, Dean cites the work of a neo-Confederate segregationist as further support of her position (see October 14, 2010). Jepsen will defeat Dean in the general election, beating back an election-eve attempt by her to challenge his credentials to serve as attorney general. [Hartford Courant, 11/3/2010]
Brooke Obie of the Constitutional Accountability Center attacks a recent statement of position by Connecticut attorney general candidate Martha Dean, who advocates the concept of “nullification”—the idea that states can ignore or override federal laws if they so choose (see October 14, 2010). Obie says Dean’s position is a “dangerous” claim that ignores the fundamental precepts of the US Constitution and every relevant court decision since before the Civil War. Articles III and VI of the Constitution explicitly place federal law over states’ laws, and place the Supreme Court firmly in the position of being the final arbiter of whether a federal law is unconstitutional. “It is disturbing that Dean, seeking office as a state’s chief lawyer, said in the interview that she does not ‘accept’ that the Supreme Court has this authority,” Obie writes, and refers Dean to the first Chief Justice, John Marshall, who wrote that “[i]t is emphatically the province and duty of the judicial department to say what the law is.” Nullification is “completely unconstitutional,” Obie writes, and has been used to bring about “some of the most divisive moments in our history: from the attempted destruction of our great nation by secessionists in the 19th century, to the dividing of people by segregationists in the 1950s and 1960s. Encouraging such backsliding of America into its darkest days is an extremely dangerous position for anyone to take, let alone someone seeking to become a state attorney general.” [Constitutional Accountability Center, 10/14/2010] In the comments section of Obie’s article, Dean reprints a post from Thomas Woods that Woods posted on his blog in response to Obie. Woods is a pro-Confederate segregationist. Woods calls Obie’s work a “fifth-grade research paper masquerading as a critique of Martha Dean,” and goes on to say that “[a]lmost every single sentence in this post is wrong. Your view of the Supremacy Clause is wrong, your view of Article III is grotesquely wrong, your summary of the history of nullification is absurd, and your comment about secessionists makes no sense. South Carolina was complaining that the NORTH was nullifying too much. Talk about getting the history exactly backwards!” He compares Obie’s views to “progressives,” neoconservatives, and Adolf Hitler. Think Progress’s legal expert Ian Millhiser later notes that Woods is a co-founder of the neo-Confederate League of the South, and has called the Civil War a battle between “atheists, socialists, communists, red republicans, jacobins on the one side and the friends of order and regulated freedom on the other,” contending that the defeat of the Confederacy in 1865 was “[t]he real watershed from which we can trace many of the destructive trends that continue to ravage our civilization today.” Dean has cited Woods before, in one debate reading aloud from his book in support of nullification. Woods is a prolific contributor to the far-right Tenth Amendment Center, a pro-nullification group which pushes political candidates to sign a pledge promising to nullify federal laws such as Social Security and Medicare which do not comply with their “tenther” view of the Constitution. [Constitutional Accountability Center, 10/14/2010; Think Progress, 10/19/2010]
Florida Republican gubernatorial candidate Rick Scott promises that if elected, he will revive the “Florida for Life Act,” which the bill’s original sponsor now terms the “Florida Right to Life Act” (see February 17, 2010). The proposed legislation would ban almost all abortions in Florida, in defiance of the 1973 Supreme Court ruling making abortions legal throughout the US (see January 22, 1973). The announcement comes in an email from State Representative Charles Van Zant (R-FL), who tells his own supporters, “Scott pledged that he would assist in advancing the Florida for Life Act through both Florida’s House and Senate.” Van Zant tells voters to cast their votes for Scott in light of the candidate’s active support for anti-abortion legislation. Scott’s campaign does not directly confirm the email’s accuracy, but says Scott’s anti-abortion, “pro-life” position is clear. Democratic gubernatorial candidate Alex Sink says she is staunchly pro-choice, and would not support such a bill. Attorney John Stemberger, president of the Florida Family Policy Council, says he likes the bill, but believes the Florida Supreme Court would strike it down if it became law. [Orlando Sun-Sentinel, 10/15/2010; Sarasota Herald-Tribune, 10/15/2010] In November 2010, Scott will win the governor’s seat. [CBS News, 11/3/2010]
A conservative super PAC, American Action Network (AAN), launches a $19 million advertizing blitz against Democrats in 22 House districts. AAN was founded by former US Senator Norm Coleman (R-MN) and former Nixon administration official Fred Malek. AAN has already pumped $5 million into races featuring Republican Senate candidates. Founded in February, the group was formed, according to Malek, to “counter what the labor unions are doing on the Democratic side.” The group is split into two parts: the Action Forum, a 501(c)(3), which allows donations to be tax-deductible but limits political activities, and the Action Network, a 501 (c)(4), in which contributions are not deductible or disclosed but the group can advocate for political causes. AAN president Rob Collins says: “This Democrat-controlled Congress has already voted for higher taxes and promises next month to raise taxes on America’s families and businesses. This is simply unacceptable and something we wanted to call attention to.” AAN is part of a larger network of conservative super PACs (see March 26, 2010), including American Crossroads, that plans to spend as much as $50 million on Congressional races. AAN shares office space with American Crossroads. [Politico, 10/13/2010; New York Times, 10/17/2010; CT Mirror, 10/17/2010]
Objectionable Ads - The AAN ads airing in Connecticut draw fire after accusing Democrats Christopher Murray (D-CT) and Jim Himes (D-CT) of voting to provide free health care to illegal immigrants and Viagra to sex offenders. Murray accuses AAN of being linked to a number of Republicans in the Bush administration, and asks who is providing the money for the ads. Campaign finance law allows the donors to organizations such as AAN to remain anonymous. “This is one of the biggest TV buys this district has ever seen,” Murphy says. “And what we deserve to know is who is standing behind it. I want to know. I think that’s what the voters want as well.… These ads on TV right now, fronted by a shadowy, anonymous group of billionaire donors and multi-national corporations are a clear sign of what the difference is in this election.” An AAN spokesman refuses to discuss the finances behind the organization, saying only: “What we do is we comply with the letter of the law. That’s all we have to offer about that.” Murray calls the ad’s allegations “laughable.” Both claims have been debunked by independent fact-checking organizations, though Murray’s opponent Sam Caligiuri (R-CT) says the ad’s content is “verifiable,” and says even if the ad is questionable, Murray has told lies of his own about Caligiuri.
AAN Co-Founder Involved in Criminal Activities as Nixon Administration Official - CT Mirror notes that Malek, a Wall Street millionaire and the co-founder of AAN, was not only a member of the Nixon administration (whose crimes and excesses concerning the Watergate scandal led to a round of campaign finance reforms—see 1974 and May 11, 1976), but was also involved in a recent investment scandal. The New York Times goes further in its examination of Malek, noting that he was heavily involved in the 1972 “Townhouse operation” that raised illegal corporate cash in so-called “slush funds” and distributed the monies in key Senate races (see December 1, 1969, Early 1970, March 23, 1971, and August 18, 1974). Malek, the White House personnel chief in 1972, helped dispense illegal patronage deals to Nixon donors and served as deputy director of CREEP (the Committee to Re-Elect the President), an organization heavily involved in criminal activities. And the liberal news Web site Think Progress notes that Malek was the Nixon administration’s unofficial “Jew counter” (see July 3, 1971 and September 1971) and was part of the administration’s illegal persecution of Jews who worked in the federal government. During the Watergate investigation, Malek admitted that some of CREEP’s activities might have “bordered on the unethical.” Malek worked with American Crossroads co-founder Karl Rove during the Nixon administration, when Rove worked to re-elect Nixon as the executive director of the College Republican National Committee. Malek is a member of the Weaver Terrace Group, an informal amalgamation of Republican strategists from “independent” groups who regularly meet, trade political intelligence, and make joint fund-raising trips. The group is named after the street where Rove used to live. Former Watergate prosecutor Roger Witten says: “It creates all the appearances of dirty dealings and undue influence because our candidates are awash in funds the public is ignorant about. This is the problem that was supposedly addressed after Watergate.” [New York Times, 10/17/2010; Think Progress, 10/18/2010]
Entity Tags: Jim Himes, Christopher Murray, CT Mirror, American Crossroads, American Action Network, Fred Malek, Weaver Terrace Group, Sam Caligiuri, Committee to Re-elect the President, Think Progress (.org), Nixon administration, Rob Collins, Norm Coleman, Roger Witten, Karl C. Rove, New York Times
Timeline Tags: Civil Liberties
East German guards carry the body of a slain child back over the border, in this undated photo. [Source: Ben and Bawb's Blog (.com)]Alaska candidate for US Senate Joe Miller (R-AK) tells a crowd at a town hall meeting in an Anchorage middle school that the US should emulate the effectiveness of the former East German border control system to keep illegal immigrants out. A Miller supporter asks Miller how he thinks the US should stop illegal immigrants. Miller responds that the way to stop illegal immigration is to build a fence at the border (he does not say the northern or southern border), and cites the effectiveness of the East Germans in controlling their borders. East Germany, under Soviet control, built the infamous Berlin Wall, and hundreds of people were killed by East German border patrol officials trying to sneak out of East Germany into West Germany. Miller says he got a first-hand look at the barbed wire and concrete divide as a West Point cadet when he was sent to the Fulda Gap near Frankfurt, “when the wall was still up between East and West Germany.” Miller says, “East Germany was very, very able to reduce the flow.” Perhaps referring to the machine gun nests on and around the wall, and the border guards with standing orders to shoot to kill, Miller adds: “Obviously there were other things that were involved, but we have the capacity as a great nation to obviously secure our border. If East Germany could do it, we could do it.” [Anchorage Daily News, 10/18/2010] After the town hall event, a group of Miller’s private security guards forcibly detain and handcuff a reporter who attempts to question Miller (see October 17, 2010).
Several of Joe Miller’s private security guards stand over a handcuffed Tony Hopfinger, whom they detained during a political event. [Source: Anchorage Daily News]Tony Hopfinger, an editor of the Alaska Dispatch, is “arrested,” detained, and handcuffed by private security guards employed by US Senate candidate Joe Miller (R-AK) after he attempts to interview Miller. Miller appeared at a public event at Anchorage, Alaska’s Central Middle School, sponsored by his campaign. The guards handcuff Hopfinger, place him in a chair in a hallway, and stand over him, presumably to prevent his “escape” from custody. They release him when Anchorage police arrive on the scene and order him arrested. The security guards come from a private security firm known as The Drop Zone; owner William Fulton, one of the guards who detains Hopfinger, accuses Hopfinger of trespassing at the public event, and says he assaulted someone by shoving him. Anchorage police say they have not yet filed charges against anyone. [Alaska Dispatch, 10/17/2010; Anchorage Daily News, 10/18/2010; Salon, 10/18/2010] Miller, Fulton, and The Drop Zone are later shown to have ties to Alaska’s far-right paramilitary and militia groups, to employ active-duty soldiers, and to lack a business license to legally operate (see October 18, 2010).
Small Gathering Marked by Candidate Dodging Tough Questions - The 3 p.m. event is billed by the Miller campaign as a chance for voters to “hear Joe Miller speak for himself,” and is clearly a public event: in a Facebook campaign entry, the campaign urges supporters to bring their “friends, colleagues, family, acquaintances, neighbors.” The entry also tells voters, “Don’t let the media skew your views.” Miller spends some 45 minutes addressing the crowd of several hundred voters and, according to the Anchorage Daily News, “answering—or deflecting—questions.” While there are many Miller supporters in the crowd, some hostile questioners also make themselves heard. One questioner, referring to Miller’s admitted reliance on medical care subsidies and other federal benefits in contradiction to his campaign theme of such benefits being unconstitutional, calls Miller a “welfare queen—you had a lot of children that you couldn’t afford, and we had to pay for it.” Miller responds that he is not necessarily opposed to such benefits, only that they should come from the states and not the federal government. Another criticizes Miller’s announcement last week that he would no longer answer questions about his character or his personal history. The questioner says that while his opponents have previous records in elective office, he does not: “In this instance, you have no record, so it’s meaningful and it’s reasonable that we would want to examine your professional background and your military…” Miller cuts her off and calls her a known supporter of his opponent, write-in candidate Senator Lisa Murkowski (R-AK), who lost a narrow primary vote to him. Miller says he has a public record as a state and federal judge, but adds that he wants to discuss his position on federal spending and not federal subsidies he may have received. During the questioning period, he says he will stay to talk to individuals, but when the period concludes, he quickly leaves the room. [Anchorage Daily News, 10/18/2010] Miller does speak to a few participants in the school hallway after leaving the room. [Alaska Dispatch, 10/18/2010]
Detained after Asking Questions - Hopfinger, carrying a small video camera, approaches Miller after the event, and asks questions of the candidate concerning disciplinary actions taken against him while he was a lawyer for the Fairbanks North Star Borough. The topic is one Miller has cited as driving his refusal to answer further questions about his character and personal history; he was disciplined for using government computers for partisan political activity during his time as a part-time borough attorney. Three press outlets, including the Alaska Dispatch and the Anchorage Daily News, are suing the borough to get Miller’s personnel file. Miller walks away from Hopfinger without answering. Some of the people in the vicinity tell Hopfinger to “quit pestering” Miller. As they walk down the hallway, Miller suddenly changes direction, leaving Hopfinger quickly surrounded and pressed in by Miller supporters and a large contingent of private security guards, all of them wearing radio earphones. (Miller later claims that Hopfinger is actively blocking his exit from the hallway, a claim not backed up by evidence, and tells a Fox News reporter that Hopfinger “was hounding me… blocking the way.”) Hopfinger later says he feels threatened and pressured, so he shoves one of the guards aside. “These guys were bumping into me,” Hopfinger later says, “bumping me into Miller’s supporters.” He later identifies Fulton as the individual making most of the physical contact with him. The man Hopfinger shoves is not hurt, Fulton later says, though Hopfinger later says Fulton is the man he pushed away. No one else comes forward to say they were the person “assaulted,” Hopfinger later says. At this point, Miller’s private security guards seize Hopfinger, push him against a wall, cuff his hands behind his back with steel handcuffs, sit him in a chair in a hallway, and “confiscate” his video camera. Hopfinger later says he chooses not to resist, saying “these guys would have had me on the ground; it ramped up that fast.” He later says that when the guards tell him he is trespassing, he is given no time to leave, and is immediately seized and handcuffed. Everything happens in seconds, he will say. Hopfinger later says that when he receives his video camera back, the segment of video showing his questions to Miller, and the ensuing scuffle, have been deleted. Hopfinger refuses an offer from police to have the video camera taken into custody and analyzed by the crime lab. The guard who takes the camera later denies erasing anything, and says Hopfinger dropped it during the altercation. [Anchorage Daily News, 10/18/2010; Anchorage Daily News, 10/18/2010; Salon, 10/18/2010; Fox News, 10/18/2010; Alaska Dispatch, 10/19/2010] A Miller supporter who witnesses the incident later says Miller knocks her aside and “bowl[s] over” her eight-year-old son in his attempt to get away from Hopfinger (see October 17-18, 2010).
Other Reporters Threatened - Hopfinger later says Fulton then says he is calling the police, and Hopfinger responds that calling the police is a good idea. Hopfinger is then handcuffed. Fulton later says he does not know how long Hopfinger was detained for; Hopfinger later says it seemed like a long time to him. While Hopfinger is in handcuffs and surrounded by Miller’s guards, the guards attempt to prevent other reporters from talking to him, and threaten the reporters with similar “arrests” and handcuffing for trespassing. An Anchorage Daily News reporter succeeds in speaking with Hopfinger, and is not detained. Several small altercations between the guards and reporters ensue, consisting of chest bumps and shoving matches as the guards attempt to prevent reporters from filming the scene. Video footage shot by Anchorage Daily News reporter Rich Mauer shows three guards blocking Mauer and Dispatch reporter Jill Burke from approaching Hopfinger, and shows Burke repeatedly asking a guard to take his hands off her. When police officers arrive, they order Fulton to release Hopfinger from the handcuffs. According to Hopfinger, during the entire time he is detained, he is in the “custody” of people who identified themselves only as “Miller volunteers,” though most of them are wearing the radio earphones. [Alaska Dispatch, 10/17/2010; Anchorage Daily News, 10/18/2010; Alaska Dispatch, 10/18/2010; Anchorage Daily News, 10/18/2010] An Anchorage police officer removes the cuffs and refuses to accept Fulton’s “private person’s arrest” (Alaska’s equivalent of a “citizen’s arrest”) after interviewing people at the scene. [Alaska Dispatch, 10/18/2010; Anchorage Daily News, 10/18/2010]
Miller Campaign Accuses Hopfinger of Assault, 'Irrational' Behavior - After the incident, the Miller campaign quickly releases a statement accusing Hopfinger of assault and attempting to “create a publicity stunt” (see October 17-18, 2010). [Anchorage Daily News, 10/18/2010] Hopfinger later says he would have preferred a less confrontational method of questioning Miller. “I was not assaulting or touching Joe, I was asking him questions,” Hopfinger will say. “I would certainly prefer to sit down with Mr. Miller and ask him the questions, but he drew a line in the sand a week ago and said he wasn’t going to do that. That doesn’t mean we don’t go to functions or public appearances and try to ask our questions.” [Alaska Dispatch, 10/19/2010]
Further Investigation - The school’s security camera may have captured footage of the incident, police say. Hopfinger is considering whether to file assault charges against Fulton, “The Drop Zone,” and/or the Miller campaign. [Alaska Dispatch, 10/17/2010] However, Heidi Embley, a spokeswoman for the Anchorage School District, later says security cameras were partially installed at the school but were not equipped with recording devices, so no video of the scene is available from that source. She later says that Miller’s group paid $400 to use the school for three hours, a standard fee for any non-school group. She also says that any such gatherings are technically private events because the group is renting the facility for its meeting. [Alaska Dispatch, 10/18/2010] The campaign rented the cafeteria, stage, and parking lot, the school district later notes, and the hallway outside the event venue was not covered in the rental agreement. [Anchorage Daily News, 10/18/2010] Sergeant Mark Rein of the Anchorage Police Department says Hopfinger is not in custody or under arrest. [Crooks and Liars, 10/18/2010] Al Patterson, chief Anchorage municipal prosecutor, later decides to file no charges against anyone involved. [Alaska Dispatch, 10/19/2010]
False Claim of Security Requirement - Miller later tells national news reporters that he had been told by the school district to hire private security guards as part of his agreement to use the facility. He later tells a Fox News reporter, “I might also note that the middle school itself required us by a contract for a campaign, required us to have a security team.” And he tells a CNN reporter: “There was a—a private security team that was required. We had to hire them because the school required that as a term in their lease.” Embley will state that Miller’s claims are false, and there is no such requirement for private security guards in the rental agreement. The agreement does require some sort of security plan, Embley will say, no matter what the function. She will give the agreement to reporters, who learn that the plan basically involves monitors to watch over parking and ensure participants do not bring food or drink into the facility. Miller’s campaign will later claim, again falsely, that the security plan called for Miller’s “security team” to enforce a “no disruptive behavior” clause, and in its assessment, Hopfinger was being disruptive. [Alaska Dispatch, 10/18/2010; Anchorage Daily News, 10/18/2010]
Entity Tags: Anchorage Daily News, Alaska Dispatch, Anchorage Police Department, Fox News, Fairbanks North Star Borough, Joseph Wayne (“Joe”) Miller, Central Middle School (Anchorage, Alaska), Tony Hopfinger, Lisa Murkowski, William Fulton, Mark Rein, Heidi Embley, Richard Mauer, The Drop Zone
Timeline Tags: Civil Liberties, Domestic Propaganda, US Domestic Terrorism, 2010 Elections
The campaign of Joe Miller (R-AK), a candidate for US Senate in Alaska, releases a pair of statements following Miller’s security guards detaining and handcuffing a reporter for attempting to ask Miller questions after a public event in Anchorage (see October 17, 2010). The first statement is a single paragraph from William Fulton, the owner of “The Drop Zone,” a private security firm whose guards, employed by Miller’s campaign, handcuffed and restrained Alaska Dispatch reporter Tony Hopfinger. Fulton himself was one of the guards who handcuffed Hopfinger. In his statement, Fulton accuses Hopfinger of “assaulting” one of his guards, and claims that because the school district rented the space to the campaign, his guards had the right to declare anyone in trespass. He says Hopfinger was “stalking” Miller and posed a security threat. The statement from the Miller campaign, entitled “Liberal Blogger ‘Loses It’ at Town Hall Meeting,” accuses Hopfinger, the editor of the Alaska Dispatch newspaper, of being “an irrational blogger” attempting to “create a publicity stunt” by assaulting someone during the event. The statement says Miller’s guards were forced to take action to restrain the “irrational” Hopfinger. “It is also important to note that the security personnel did not know that the individual they detained was a blogger who reporting on the campaign [sic],” the statement continues. Miller campaign spokesman Randy DeSoto refuses to comment or make Miller, himself a witness, available for news interviews. [Alaska Dispatch, 10/17/2010; Anchorage Daily News, 10/18/2010]
Miller's Statement - The statement reads in full: “The Miller campaign was required by the facility to provide security at the event. Even though Joe had spent nearly an hour freely answering questions from those in attendance, the blogger chased Miller to the exit after the event concluded in an attempt to create and then record a ‘confrontation’ with the candidate. While Miller attempted to calmly exit the facility, the blogger physically assaulted another individual and made threatening gestures and movements towards the candidate. At that point the security personnel had to take action and intervened and detained the irrational blogger, whose anger overcame him. It is also important to note that the security personnel did not know that the individual they detained was a blogger who reporting on the campaign. To them, the blogger appeared irrational, angry, and potentially violent.” [Joe Miller, 10/17/2010; Crooks and Liars, 10/18/2010]
Security Guard Insists He Had Legal Authority to Handcuff Reporter - Interviewed by a reporter from the Alaska Dispatch, Fulton says he and his guards pushed Hopfinger into a wall and handcuffed him because he refused to leave a private event and was trespassing. The event, which was clearly public, was indeed private, Fulton says, and Hopfinger should have been aware of that because of the “Joe Miller for Senate” signs outside the venue, an Anchorage middle school. “They leased it for a private event,” Fulton says. “It wasn’t a public place.” That, he says, gave him the legal authority to tell Hopfinger to leave, then grab him and handcuff him when he didn’t do as told. Hopfinger says he was given no warning and no opportunity to leave. He says he had no idea who Fulton was. The security guard was in a black suit, not a uniform, Hopfinger says, and refused to identify himself. “He throws me up against the wall,” Hopfinger states. “He handcuffs me,” and even then, Hopfinger says, Fulton refused to identify himself. Hopfinger says he was attempting to get Miller to answer questions about disciplinary hearings he faced while a lawyer with the Fairbanks North Star Borough, questions Miller has repeatedly refused to address. Fulton states that he and his fellow guards restrained Hopfinger because the reporter was “getting really pushy with Joe. Joe was trying to get away from him.” Fulton goes on to state that he was suspicious of Hopfinger because the reporter “had something in his hand,” but admits he knew Hopfinger was not carrying a weapon. “It could have been a camera,” he says. “It could have been a recording device. It could have been an iPhone.” Hopfinger was carrying, and using, a video camera. According to Fulton, when his guards surrounded Hopfinger, the reporter “shoulder checked a guy into a locker.” Fulton says whomever Hopfinger pushed aside “wasn’t one of our guys. It could have been anyone. [But] I saw that shoulder check as being violent.” Hopfinger says he was trying to get some room from the crowd of guards and Miller supporters pressing in on him, and only remembers touching Fulton. He says he did not “shoulder check” anyone, and says he put his hand on Fulton’s chest to try to push him away. “I was being pushed into a lot of people,” Hopfinger says. “I used my hand. It all happened in seconds. He said it was a private event. He grabbed me and said, ‘You’re under arrest.’” Fulton says as a private security guard he has the authority to police “private events,” but refuses to answer questions about how this particular event, billed as a public gathering at a public school, could be private. The Alaska Dispatch writes: “The meeting was open to the public. There were no names taken at the door. Reporters were not asked to apply for credentials.” Fulton insists, “This is a simple trespassing issue,” but no one else “trespassing” in the hallway with Hopfinger was detained. Fulton admits that others in the hallway may have been reporters, and says: “I think we told them [all] to leave. It’s not a public [place] if it’s leased. It was a private event… because it’s a private event, and we’ve taken over the school.” [Alaska Dispatch, 10/17/2010; Anchorage Daily News, 10/18/2010]
Witness: Guards Overreacted, Miller Shoved Her, Knocked Over Young Boy - A witness to the incident says while Hopfinger was rude, he did not threaten Miller and the guards overreacted. Lolly Symbol, a Miller supporter from Big Lake, drove to the rally with her two young sons to ask Miller about his stance on gun control. She says she received the opportunity just after the town hall event, when Miller spoke with a few people outside the main room. She says she was standing next to Miller when Hopfinger began questioning him. According to Symbol, Miller was already angry with another questioner, an elderly woman who asked him about his military background. “He ended up getting really huffy with her,” Symbol says. She began asking him her question, she recalls, when Hopfinger interrupted her with a camera and a question about the incident with Fairbanks North Star Borough. “I would say Tony was aggressive, and I would say he was rude because he interrupted me, but he didn’t do anything wrong and he wasn’t posing a threat to Miller,” Symbol says. Miller shoved her aside, Symbol says, and “bowled over” her eight-year-old son Vincent Mahoney in his attempt to get away from Hopfinger. “I don’t know if [Miller] didn’t see him or didn’t care, but he didn’t say ‘excuse me’ or ‘I’m sorry.’ He didn’t even turn his head,” Symbol recalls. “He simply did not care at all.” Hopfinger continued to try to question Miller, but the security guards blocked his access. “They kept pushing him back,” she recalls. “He kept saying, ‘I have a right to be here, I have a right to be asking these questions.’ Tony would try to walk forward and they would push him back.” Symbol says she did not see Hopfinger push anyone, though the reporter has said he did push someone he thought was a security guard who had bumped him to keep him back. Heidi Embley, a spokeswoman for the Anchorage School District, says security cameras were partially installed at the school but were not equipped with recording devices, so no video of the scene is available. Symbol says she attempted to give her statement to police, but no one would take her information. Of Hopfinger, she says: “I do not believe that he did anything wrong. He was rude and he was aggressive but that’s just what the press does. Legally he did not do anything wrong that deserved to be put in cuffs.” Of Miller and the incident, she says: “The whole thing just made me sick. I was a big supporter of Joe Miller, I really was. But not anymore.” [Alaska Dispatch, 10/18/2010]
The poster featured in the front window of the Drop Zone. The caption reads: “Fascism. Socialism. New World Order. InfoWars.com.” [Source: Life in Spenard (.com)]Investigative reporters and bloggers learn that the private security firm hired by Alaska Senate candidate Joe Miller (R-AK) is also active in right-wing militia and paramilitary activities. They also learn that some of the guards employed by the firm, the Drop Zone (DZ), are active-duty military soldiers, and that the firm is unlicensed and therefore operating outside the law. [Huffington Post, 10/18/2010; Anchorage Daily News, 10/18/2010; Salon, 10/19/2010]
Senate Candidate Has History of Armed Intimidation, Association with Militias - Miller himself has a history of armed intimidation: according to blogger and reporter Shannyn Moore, in 2008 he attempted to stage a “coup d’etat” of the leadership of the Alaska Republican Party, appearing during a meeting with a group of armed security guards. (The attempt, as such, was unsuccessful, and Miller currently enjoys the support of the Alaska Republican Party.) During the 2010 Senate campaign, Miller’s supporters drew media attention by brandishing assault rifles during campaign rallies (see July 19, 2010). [Huffington Post, 10/18/2010]
Security Guards on Active Duty with Army - On September 17, Miller’s security guards forcibly detained and handcuffed reporter Tony Hopfinger for attempting to question Miller about disciplinary measures taken against him while he was a lawyer for the Fairbanks North Star Borough (see October 17, 2010). The security guards work with DZ, and two of the guards who roughed up Hopfinger are on active duty with the US Army. The two guards, Specialist Tyler Ellingboe and Sergeant Alexander Valdez, are members of the 3rd Maneuver Enhancement Brigade at Fort Richardson. Army public affairs officer Major Bill Coppernoll says neither soldier has permission from their commanding officers to work for DZ, and the Army is still looking into whether previous company or brigade commanders authorized their employment. “They’ve got to be up front with the chain of command,” Coppernoll says. “The chain of command needs to agree they can do that without affecting the readiness and the whole slew of things that are part of being a soldier that they need to do first.” DZ owner William Fulton, who was one of the guards who restrained and handcuffed Hopfinger, says it is not his job to ensure that the soldiers complied with Army regulations. “They’re adults—they are responsible for themselves,” Fulton says. [Anchorage Daily News, 10/18/2010; Salon, 10/19/2010] Hopfinger identifies Ellingboe and Valdez as two of the guards who stood over him during the time he was handcuffed. Hopfinger says Ellingboe and Valdez refused to give him their names and would not identify their company or who they were working for. At one point they told him they were volunteers, he says. [Alaska Dispatch, 10/19/2010] A Defense Department directive from 2008, entitled “Political Activities by Members of the Armed Forces on Active Duty,” states in part, “A member of the armed forces on active duty shall not:… [p]erform clerical or other duties for a partisan political committee or candidate during a campaign.” [Department of Defense, 2/19/2008 ]
Security Firm: Ties to Militias, Blackwater - Fulton is an active member of the Alaska Citizens Militia, where he is titled a “supply sergeant.” The organization is led by former Michigan Militia leader Norm Olson (see April 1994, March 25 - April 1, 1996, and Summer 1996 - June 1997), who recently attempted to run for lieutenant governor of Alaska under the auspices of the secessionist Alaskan Independence Party (AIP—see September 6-7, 2008). [Yahoo! News, 10/20/2010; PalinGates, 10/20/2010] Many DZ employees have bragged about their connections to far-right elements in Alaska’s political and paramilitary scenes, and have said that the firm employs a number of former Blackwater security personnel. The firm displays a large poster of President Obama as “The Joker” in its front window and a link to InfoWars.com, a right-wing conspiracy Web site hosted by Alex Jones. The owner of the Drop Zone, William Fulton, has boasted to patrons about his partners’ participation in renditions and “black ops” overseas, and likes to show his .50-caliber sniper rifle to prospective customers. Fulton has frequently told patrons about his fondness for Fox News talk show host Glenn Beck, saying to one, “Glenn talks to the crazies,” who are his best customers. Fulton also has suspected ties to the Alaskan Independence Party, which once claimed Todd Palin, former Governor Sarah Palin’s husband, as a member. [Huffington Post, 10/18/2010; Anchorage Daily News, 10/18/2010; Life in Spenard, 10/18/2010; Salon, 10/19/2010]
Miller's Ties to Militias - Alaska Citizens Militia leader Ray Southwell, a longtime crony of Olson’s and a fellow leader of the Alaska Citizens Militia, recently wrote of meeting Miller at a militia leader’s home in Soldotna, Alaska. Southwell wrote in a militia forum that he recently encouraged Miller to run for state office: “We need leaders here to stand against the feds.” In that same forum, Olson posted his endorsement of Miller’s candidacy. [PalinGates, 10/20/2010]
Expired License - Investigating bloggers also find that the Drop Zone’s license to do business as a security firm (under the name “Dropzone Security Services”) expired in December 2009. The firm updated its license on September 18, 2010, the day after its guards detained and handcuffed Hopfinger, but only renewed its license to trade, not its license to provide security. [The Immoral Minority, 10/19/2010; Yahoo! News, 10/20/2010; PalinGates, 10/20/2010] Fulton tells a reporter that he is not a security guard and that DZ is not a security guard agency, therefore he needs no license to operate as a security firm. Instead, he says, DZ is a “contract agency” and that he and his people are considered “security agents,” not guards. “We don’t do anything covered under the security [statutes],” he says. “We don’t do anything that the state has any authority to tell us what to do.” He denies having any employees, and says he hires specific people on a contract basis. DZ is primarily a military supply store, Fulton says, and only does security contracts “three or four times a month.” He admits to doing business with Miller in the past, but refuses to go into detail. He goes on to say that his guards at the Miller event were unarmed, and his “contractors” only carry weapons when they undertake “fugitive recovery” jobs: “All the guys we use are professionals, and they act professionally and dress professionally.” Hopfinger disagrees with Fulton’s contention that he is a security “agent” as opposed to a “guard,” saying: “He certainly acted like an aggressive security guard and he may have broken the law. It was an illegal detention and an illegal arrest.” Of Miller, Hopfinger says the candidate is exhibiting “poor judgment… to have Fulton and active-duty soldiers be his bodyguards.” No other Alaska political candidate he has interviewed, including Miller’s Republican opponent Lisa Murkowski (R-AK), has security guards with them, he says. [Alaska Dispatch, 10/19/2010]
Investigation - The firm is being investigated by the Alaska Department of Public Safety, both for its handling of the Hopfinger incident and for its unlicensed status. [Alaska Dispatch, 10/19/2010]
Entity Tags: Alaska Citizens Militia, Fairbanks North Star Borough, Bill Coppernoll, US Department of the Army, Alaska Department of Public Safety, Alaskan Independence Party, Alaska Republican Party, Barack Obama, Alexander Valdez, Tyler Ellingboe, William Fulton, Todd Palin, Lisa Murkowski, Tony Hopfinger, Glenn Beck, Norman (“Norm”) Olson, Joseph Wayne (“Joe”) Miller, Sarah Palin, Ray Southwell, The Drop Zone, Shannyn Moore
Timeline Tags: Domestic Propaganda
Authorities in Hennepin County, Minnesota, charge six convicted felons with voting illegally in the 2008 election. The charges accuse the six of fraud in voting or in registering to vote. The charges come after months of investigation into 110 allegations of voter fraud (see July 12-14, 2010). All six signed a voter registration card on or before November 4, 2008 stating that they had the right to vote because they had not been convicted of a felony or had been discharged from their sentence. [Minneapolis Star-Tribune, 10/21/2010]
A protester outside a Kentucky Senate campaign event is thrown to the ground and stomped by the candidate’s supporters. [Source: Huffington Post]Several supporters of Kentucky Senate candidate Rand Paul (R-KY) throw Lauren Valle, a supporter of Paul’s opponent, Jack Conway, to the ground and deliberately stomp her head. The entire incident, which takes place minutes before a debate between Paul and Conway, is caught on camera; videos of the incident are quickly posted on the Internet. The incident occurs shortly after Valle, a member of the liberal political activism group MoveOn.org, pushes her way through a crowd of Paul supporters to approach Paul while he is still in a vehicle approaching the debate. Valle is wearing a blonde wig and carrying a sign that reads, “Rand Paul Republicorps: Member of the Month,” and her intention is to either present Paul with a mock “employee of the month award” from the fake “Republicorps” (misidentified in some news reports as “Republicore”) for his alleged support of large corporations, or to be photographed holding the sign near him. Initially, Valle is blocked from approaching Paul by a security guard and several Paul supporters. Some of the supporters pursue Valle around parked cars, until one of them trips her and sends her falling to the ground. Another supporter yanks the wig from her head. While she is down, two supporters hold her to the ground while a third stomps on her head, shoulder, and neck. While the incident is occurring, others in the crowd shout, “Get the cops!” A Lexington police spokesman will later say his department had not anticipated any violence at the debate. The spokesman, Lieutenant Edward Hart, says, “She [Valle] worked for MoveOn.org—was a contract employee sent to the debate with MoveOn.org for the purpose of getting a picture with Dr. Paul with the sign.” Valle initially refuses medical treatment, but is later hospitalized and diagnosed with a concussion and multiple sprains. She will later file an assault charge against at least one of her assailants. [Kentucky Post, 10/25/2010; Huffington Post, 10/25/2010; Louisville Courier-Journal, 10/25/2010; New York Daily Post, 10/26/2010; TPMDC, 10/26/2010; Lexington Courier-Journal, 10/27/2010] Joshua Green, a senior editor of the Atlantic Monthly, calls the attack “truly awful.” [Atlantic Monthly, 10/25/2010] Police spokeswoman Sherelle Roberts says, “[A]t this point there doesn’t seem to be anything to justify how this incident unfolded.” [TPMDC, 10/26/2010]
Lauren Valle's Account of the Incident - Valle later tells a reporter that she has been to other Paul campaign events, and says Paul’s staff members have “expressed their distaste for my work before.” She calls the assault “premeditated,” and explains: “[A]bout five minutes before Rand Paul’s car arrived they identified me and my partner, Alex [Giblin], who was with me. They surrounded me. There was five of them. They motioned to each other and got behind me. My partner Alex heard them say, ‘We are here to do crowd control, we might have to take someone out.’ When Rand Paul’s car arrived a couple of them stepped in front of me, so I stepped off the curb to get around them to get back out front. At that point they started grabbing for me and I ran all the way around the car with them in pursuit. The footage [referring to the video of the incident posted on a number of news Web sites and blogs] is after I’ve run all the way around the car and I’m in front of the car, and that is when they took me down. One or two people twisted my arms behind my back and took me down.… It was about two to three seconds after that that another person stomped on my head. And I lay there for 20 seconds or so, and my partner Alex came and got me up, and that’s the point where there is the media clip of me speaking.” Valle later says in response to reports that she was not struck on the head: “My memory of them is sort of that of a traumatized person. I think it was my head. My head is in a lot of pain today; my neck is kind of kinked. But I distinctly remember a blow to my head.” She says she was able to give interviews to reporters immediately after the assault because the pain started in earnest about 90 minutes later. “I was in severe shock,” she says. [Huffington Post, 10/26/2010; New York Daily Post, 10/26/2010; Plum Line, 10/26/2010]
Three Paul Supporters Directly Participate in Assault - Valle’s assertion that there were “five” assailants is either inaccurate, or she is including people who chased her around the parked cars but did not throw her down and stomp her against the curb. The day after the assault, new footage is posted that clearly shows an assailant’s boot coming down forcefully on her head, neck, and shoulders. One of the two men holding Valle to the ground is wearing a “Don’t Tread on Me” button, a symbol widely associated with the “tea party” movement. [TPMDC, 10/26/2010; Bob Layton, 10/26/2010] This man is later identified by local police officials as Mike Pezzano, a Paul supporter and gun rights advocate. The other man holding Valle down is not immediately identified. [Lexington Courier-Journal, 10/27/2010; TPMDC, 10/27/2010]
Stomper Charged, Identified as Paul Campaign Coordinator and Donor - The Lexington police later identify the man who initially stomped Valle as Tim Profitt, the Paul campaign coordinator for Bourbon County. Profitt will issue an apology to Valle, though he claims the camera angle makes the assault seem more violent than it was. He will state, “I’m sorry that it came to that, and I apologize if it appeared overly forceful, but I was concerned about Rand’s safety.” Profitt will later demand an apology from Valle (see October 26-29, 2010), and will also blame the police for not intervening to keep Valle away from Paul. Police confirm that Profitt is given a criminal summons. [Huffington Post, 10/26/2010; Huffington Post, 10/26/2010; Associated Press, 10/26/2010] He will be charged with fourth-degree assault, a misdemeanor charge that carries a maximum penalty of 12 months in jail, a $500 fine, or a combination of both. [Lexington Herald-Leader, 10/30/2010] Profitt is also a campaign donor, having given approximately $1,900 to Paul’s campaign along with $600 from his wife. Paul’s campaign will later refuse to return the donation (see October 26, 2010). Profitt is later dropped as Paul’s campaign coordinator and banned from future events. Paul campaign manager Jesse Benton says, “The Paul campaign has disassociated itself with the individual who took part in this incident, and once again urges all activists—on both sides—to remember that their political passions should never manifest themselves in physical altercations of any kind.” [Associated Press, 10/26/2010; Plum Line, 10/26/2010; New York Daily News, 10/26/2010] Profitt later tells a reporter that he did not actually stomp Valle, he was merely using his foot to keep her on the ground. He cannot bend over because of back problems, he says (see October 26-29, 2010). “[I]f she can hear this,” he says, “[a]ll I was trying to do was hold her until police could get her.” He goes on to state that he believes Valle was at the rally to “hurt Rand Paul.” [WKYT, 10/26/2010]
Statements Issued - Following the incident, Paul’s campaign issues this statement: “We understand that there was an altercation outside of the debate between supporters of both sides and that is incredibly unfortunate. Violence of any kind has no place in our civil discourse and we urge supporters on all sides to be civil to one another as tensions rise heading toward this very important election. We are relieved to hear that the woman in question was not injured.” Shortly thereafter, MoveOn issues its own statement, which reads: “We’re appalled at the violent incident that occurred at the Kentucky Senate debate last night. Numerous news reports clearly show that the young woman—a MoveOn supporter—was assaulted and pushed to the ground by Rand Paul supporters, where one man held her down while another stomped on her head. This kind of violence has no place in American society, much less at a peaceful political rally. Our first concern is obviously Lauren’s health and well being. She is recovering, and we will release more details as we have them. We are concerned that no arrests have yet been made, and we hope those responsible will be brought to justice quickly, and that Rand Paul will join us in condemning this horrible act.” The next day, Paul tells a Fox News interviewer: “We want everybody to be civil. We want this campaign to be about issues. I will tell you that when we arrived there was enormous passion on both sides. It really was something where you walk into a haze of lights flashing, people yelling and screaming, bumping up. And there was a bit of a crowd control problem. I don’t want anybody though to be involved in things that aren’t civil. I think this should always be about the issues. And it is an unusual situation to have so many people so passionate on both sides jockeying back and forth. And it wasn’t something that I liked or anybody liked about that situation. So I hope in the future it is going to be better.” Conway weighs in: “I was shocked to see video footage of a Rand Paul supporter stomping the head of a woman outside the debate last night. We can disagree on issues, and I don’t know what preceded the incident, but physical violence by a man against a woman must never be tolerated. It is my hope that steps have been taken to ensure this kind of thuggish behavior never happens again in this campaign.” [Huffington Post, 10/25/2010; Plum Line, 10/26/2010] The progressive news site TPMDC reports that Paul calls for civility, but refuses to explictly condemn the attack. [TPMDC, 10/26/2010] Conway later issues the following statement: “We are still waiting for Rand Paul to apologize to the victim of this attack. A boot stomp to the head of a woman is never appropriate. Rand should apologize to her, stop blaming others, and identify the others involved in this thuggish behavior and disassociate his campaign from them immediately.” [New York Daily News, 10/26/2010]
Entity Tags: Lauren Valle, MoveOn (.org), Joshua Green, Mike Pezzano, Jack Conway, Jesse Benton, Alex Giblin, Edward Hart, Rand Paul, Sherelle Roberts, Tim Profitt
Timeline Tags: US Domestic Terrorism
Former campaign coordinator Tim Profitt (left) stands next to Senate candidate Rand Paul (R-KY) in an undated photo. [Source: Think Progress]The Rand Paul (R-KY) Senate campaign takes out a full-page ad in the Lexington Herald-Leader. The ad features the names of several supporters, including Tim Profitt, the Paul campaign coordinator who stomped the head of a helpless woman at a debate the night before (see October 25, 2010 and After). [Barefoot and Progressive, 10/26/2010] The Paul campaign will also refuse to return a $1,950 campaign donation made by Profitt. [Lexington Courier-Journal, 10/27/2010] Later, the campaign begins distancing itself from Profitt, who will be charged with assault in the incident (see October 26-29, 2010).
The man who stomped a woman’s head against the curb of a parking lot in the moments before a Senatorial candidate debate in Kentucky (see October 25, 2010 and After) calls for an apology from the woman he assaulted. Tim Profitt, a former campaign coordinator for the Rand Paul (R-KY) Senate campaign, is facing potential criminal and civil charges on behalf of the woman he assaulted, Lauren Valle. The campaign of Paul’s opponent, Jack Conway (R-KY), has called for Profitt to apologize. But Profitt tells a local television reporter: “I don’t think it’s that big of a deal. I would like for her to apologize to me, to be honest with you.” Profitt adds, “She’s a professional at what she does, and I think when all the facts come out, I think people will see that she was the one that initiated the whole thing.” Officials for MoveOn.org, the liberal advocacy group with whom Valle is affiliated, are outraged by Profitt’s position. MoveOn official Ilyse Hogan says: “I am offended and outraged by the words of Tim Profitt. Profitt said the attack was ‘not a big deal,’ that Lauren ‘instigated it,’ and that ‘she should apologize’—words that are eerily familiar to many women who have faced assault and abuse.” A spokesman for the Conway campaign, John Collins, says Profitt’s attempts to minimize the assault are inexcusable. “I think anyone who has seen the video could see that it was one-sided and that it was not a crowd-control problem but rather a sort of a mob, thuggish mentality of some of the Rand Paul supporters,” he says. Collins notes that the Paul campaign has not yet released the names of the two men that threw Valle to the ground and held her down as Profitt stepped on her, and continues: “Anyone who watched the video saw two men wrestle a young woman to the ground and then a third man, Profitt, come and stomp on the back of her head. I think the simple question we have is when is it ever okay… for two men to wrestle a young woman down to the ground, even without the stomping.” [WKYT-TV, 10/26/2010; Lexington Courier-Journal, 10/27/2010] Valle later refuses an apology. In an open letter to Profitt, she writes: “I have been called a progressive, a liberal, a professional agitator. You have been called a conservative, a Republican, a member of the tea party movement. Fundamentally and most importantly, you and I are both human beings. We are also both American citizens. These two facts, to me, are far more meaningful than the multitude of labels that we carry. And if these two facts are true then it means we are on the same team. I have not been for one moment angry with you and your actions. Instead I feel thoroughly devastated. It is evident that your physical assault on me is symptomatic of the crisis that this country is struggling through. And it seems that I will heal from my injuries long before this country can work through our separation. Only when we decide let go of our hate, our violence, and our aggression will we be able to communicate to each other about the issues that divide us. Right now, we are not communicating, we are stomping on each other. No one can ever win, no one can ever be heard, with violence. You and I, as fellow citizens, and we, as a country, have a choice. Either we choose to continue the cycle of inflicting violence upon each other, screaming at each other, insulting each other, and putting one another down or we find a way to sit down and start listening to each other. We’ll see how far we get. We are all viciously and vociferously feeding a fire that will only burn us down together. We must reach inside ourselves and make space for each other. We must forgive each other. We must believe in our capacity for transformation. The moment we choose compassion and reconciliation is the moment that we will begin to move toward freedom. There is no other way. I believe that you should be held accountable for your actions but I also recognize the incredibly negative impact that the consequences must be having on your life, and I wish you all the best as you yourself heal from this. Violence hurts everyone.” [TPMDC, 10/29/2010] Profitt is charged with assault against Valle; he will plead not guilty, and his lawyer will claim that his assault was justified (see October 26-29, 2010).
Tim Profitt, a former campaign coordinator for Senate candidate Rand Paul (R-KY), admits to stomping the head of a protester after she attempted to be photographed with Paul at a recent campaign rally (see October 25, 2010 and After). Profitt has refused to apologize for his actions, and has suggested that his victim, Lauren Valle, owes him an apology (see October 26-29, 2010). Profitt and two other men affiliated with Paul’s campaign chased Valle when she approached Paul, threw her down, and stomped her head against the curb of the parking lot. Lexington police confirm that Profitt is the individual who stomped Valle: “Detectives identified the suspect involved in the assault as Tim Profitt,” according to a police statement. “Mr. Profitt is currently being served with a criminal summons ordering him to appear before a Fayette County District Court judge.” Valle has filed a fourth-degree assault warrant on Profitt. Profitt tells at least one local reporter that he used his foot to shove her head against the curb because his back problems make it difficult for him to bend over. “All I was trying to do was hold her until police could get her,” he explains. “I think she was there for a reason.… And that was hurt [sic] Rand Paul.” Though Paul has refused to return money donated to the campaign by Profitt, and touted Profitt’s support in a campaign ad that has continued to run after the assault (see October 26, 2010), the Paul campaign released Profitt from his duties as Bourbon County campaign coordinator, and says: “Whatever the perceived provocation, any level of aggression or violence is deplorable, and will not be tolerated by our campaign. The Paul campaign has disassociated itself from the volunteer who took part in this incident.” Paul appears on a Fox News broadcast this morning saying he dislikes the incident. Paul is popular with local and national “tea party” organizations; his father is US Representative Ron Paul (R-TX), considered by many to be an ideological forefather of the “tea party” movement. [Los Angeles Times, 10/26/2010; WKYT, 10/26/2010] Profitt is charged with fourth-degree assault. If convicted, he faces a maximum penalty of 12 months in jail, a $500 fine, or a combination of both. The criminal summons alleges that Profitt “intentionally placed his foot on the shoulder/head region on the victim and applied a degree of pressure on the victim.” [Lexington Herald-Leader, 10/30/2010] Profitt will plead not guilty. His lawyer Michael Dean will tell the court that the assault was justified. “I’m sure he was doing at the time what he thought was necessary,” Dean will say. He later tells reporters: “Admittedly if you look at the video on the Internet and TV and don’t see anymore than what was shown it looks like he may have gone out of line. But if you look at the rest of the video of what she was doing before hand and get the whole story, I think you will see my client is justified.” [Associated Press, 11/18/2010; TPMDC, 11/19/2010]
In light of a flood of recent media advertisements attacking Democratic candidates paid for by corporate donations, and recent media stories revealing that the US Chamber of Commerce may be using foreign monies to pay for political attack ads against candidates it opposes (see October 2010), AFL-CIO president Richard Trumka says he now believes the country would have been better off if Congress had managed to pass the DISCLOSE Act, a bill that would have forced the disclosure of the identities of corporate and union donors for campaign purposes (see July 26-27, 2010). Trumka and his labor union organization did not support the DISCLOSE Act when it was up for consideration, and Democrats were unable to break a Republican filibuster of the bill in the Senate. “That’d be good for the system, I think,” Trumka tells reporters. “Because the system is awash—there’s more money in the system than there was oil in the Gulf, quite frankly. [Trumka is referring to the recent catastrophic spill of crude oil in the Gulf of Mexico by BP, a multinational oil corporation.] It’s from people that you don’t know. You eventually find out I guess, but it’s this mysterious money coming in and targeting at three, four, five times what either of the candidates are doing.” Trumka says that the union organization never opposed disclosure as an objective: “What we did was say if you’re going to do it, make sure it applies to everybody—that we were being totally disadvantaged while other people weren’t being disadvantaged.” However, three weeks ago, Trumka released a statement saying that the AFL-CIO “must reluctantly oppose [the DISCLOSE Act] because it would impose extraordinarily costly and impractical new record-keeping and reporting obligations on thousands of labor and other non-profit membership organizations with regard to routine inter-affiliate payments that bear little or no connection with public communications about federal elections.” AFL-CIO political director Karen Ackerman says: “What’s heartbreaking is there’s an imbalance here. So there’s not an equal playing field with the amount of money that corporate America has to protect their own interests, and protect their tax breaks, and protect their trade deals, and protect their profit-making… there are not comparable institutions or interests—moneyed-interests—on the side that represents working people.” [TPMDC, 10/12/2010]
Protesters in Los Angeles demonstrate against Proposition 23 outside a Tesoro refinery in Wilmington, California. [Source: Los Angeles Times]The liberal news Web site AlterNet shows that a very small number of wealthy, influential donors are driving campaign efforts to pass Proposition 23, a California ballot initiative that would suspend state legislation designed to help reduce carbon emissions and hold polluters accountable. The legislation, AB 32, is already in effect, and requires California to decrease global warming emissions to 1990 levels by 2020, beginning in 2012. Prop 23, as it is called, would suspend AB 32 until the state’s unemployment rate drops below 5.5 percent for four consecutive quarters. Currently unemployment in California is around 12 percent. AlterNet provides data showing that AB 32 will actually create jobs developing “clean” technologies and energies, an industry sometimes called “green tech.” Venture capitalist Vinod Khosla recently said: “AB 32 created markets. Prop. 23 will kill the market and the single largest source of job growth in California in the last two years.” The funding for the advertising and other political activities pushing Prop 23 comes from two primary sources: Texas oil giant Valero Energy Corporation and Tesoro Corporation. Both companies have refineries in California that make them two of the state’s biggest polluters. The two oil companies are aided by large donations from the Koch brothers, who own oil conglomerate Koch Industries (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, May 6, 2006, April 15, 2009, May 29, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, and September 24, 2010). Valero has spent $5 million to bolster Prop 23 and Tesoro has spent $2 million. Flint Hill Resources, a Koch Industries subsidiary, has spent $1 million. Marathon Petroleum has spent $500,000, as has the conservative Adam Smith Foundation of Missouri. Occidental Petroleum has spent $300,000; Tower Energy Group, $200,000; CVR Energy, $150,000; and about $100,000 each has been spent by the Howard Jarvis Taxpayers Association, the National Petrochemical and Refiners Association, and World Oil Corporation. Of the $10.6 million raised so far to push Proposition 23, only 30 percent of it comes from inside California. In contrast, opponents to Proposition 23 have raised $30.6 million to defeat it, with 70 percent of that money coming from inside California. Jorge Madrid of Climate Progress recently warned: “If we allow Prop 23 to succeed, big oil refineries in the state could continue to spew greenhouse gases without strict regulation. Even worse, a victory for big oil in California could mean certain death for greenhouse gas regulation for the rest of the nation.” [AlterNet, 10/30/2010; Los Angeles Times, 11/2/2010] Prop 23 will lose by a 61-39 margin, with analysts noting that the anti-proposition forces gained ground by pointing out the support for the proposition coming primarily from Texas oil interests. Even many of California’s largest oil companies either stayed neutral or opposed the initiative. The anti-proposition forces were fueled primarily by financiers such as San Francisco hedge fund manager Tom Steyer, the National Wildlife Federation and the ClimateWorks Foundation, and green-tech moguls such as Khosla and John Doerr. Governor Arnold Schwarzenegger (R-CA) stumped in opposition to the initiative, attacking the “self-serving greed” of Valero and Tesoro. The Environmental Defense Fund’s Fred Krupp says of the defeat: “It is the largest public referendum in history on climate and clean energy policy. Almost 10 million Californians got a chance to vote and sent a clear message that they want a clean energy future. And this was in an economic downturn. There has never been anything this big. It is going to send a signal to other parts of the country and beyond.” [Los Angeles Times, 11/2/2010]
Entity Tags: Fred Krupp, David Koch, World Oil Corporation, Charles Koch, CVR Energy, Arnold Schwarzenegger, Valero Energy Corporation, Adam Smith Foundation, AlterNet (.org), Tower Energy Group, Vinod Khosla, Tesoro Corporation, Marathon Petroleum, National Petrochemical and Refiners Association, Koch Industries, Howard Jarvis Taxpayers Association, Jorge Madrid, National Wildlife Federation, Proposition 23 (California), ClimateWorks Foundation, Tom Steyer, Occidental Petroleum
Timeline Tags: Civil Liberties
Assistant state attorney Andrew Shirvell of Michigan is fired for harassing the student assembly president of the University of Michigan, Chris Armstrong. Armstrong is gay; since April, Shirvell has conducted a campaign of harassment at him over his homosexuality, veracity, and other personal attributes (see April 1 - October 1, 2010). Shirvell maintains he was merely exercising his freedom of speech. Michigan Attorney General Mike Cox fires Shirvell after the first day of a mandatory disciplinary hearing for him. Cox says that Shirvell’s firing comes after a state investigation revealed that Shirvell “repeatedly violated office policies, engaged in borderline stalking behavior, and inappropriately used state resources.” Shirvell also told a number of lies during the disciplinary hearing. Cox adds, “To be clear, I refuse to fire anyone for exercising their First Amendment rights, regardless of how popular or unpopular their positions might be.” Cox says Shirvell crossed the boundaries of free speech when he repeatedly went to Armstrong’s home to verbally abuse him, including one visit at 1:30 a.m. “That incident is especially telling because it clearly was about harassing Mr. Armstrong, not engaging in free speech,” Cox says. Armstrong says Shirvell videotaped a late-night party at his home, appeared on campus with signs calling him a “racist” and a “liar,” and repeatedly vilified him on Internet blogs. Armstrong says the state should revoke Shirvell’s law license. A statement from the attorney general’s office says, “The next step must be a complete retraction of all the malicious lies and fabrications by Mr. Shirvell, and a public apology to Mr. Armstrong, his family and others Mr. Shirvell has slandered.” Shirvell’s lawyer says his client is considering appealing the decision to fire him to the Michigan Civil Service Commission, and says Shirvell believes the decision to fire him was politically motivated. Cox says, “The cumulative effects of his use of state resources, harassing conduct that is not protected by the First Amendment, and his lies during the disciplinary conference all demonstrate adequate evidence of conduct unbecoming a state employee.” Shirvell is prohibited by a restraining order from making physical or verbal contact with Armstrong, nor is he allowed to be in the same place as the student when it’s likely Armstrong will be present. [Associated Press, 11/8/2010]
A portion of the ‘Wanted’ poster featuring the names, photos, and addresses of two Charlotte-area abortion doctors, distributed by Operation Save America. [Source: Think Progress (.org)]The Reverend Phillip “Flip” Benham is convicted of stalking abortion doctors in his home state of North Carolina. Benham receives two years’ probation. Benham is the leader of Operation Save America, once known as Operation Rescue ((see 1986, July 1988, August 1988, July-August 1991, January 7, 1998, April 20, 1998, October 23, 1998, and January 13, 2003). He distributed numerous Old West-style “Wanted” posters that included the names, addresses, and photographs of four Charlotte-area doctors who provide abortions. The court rules that Benham violated a North Carolina law designed to protect citizens from being targeted by “a lone-wolf assailant.” Benham and his colleagues put up posters near the doctors’ offices and in their neighborhoods, placed them on cars, and tacked them to doors. According to Detective Milton Harris of the Charlotte Mecklenburg Police Department, “By them handing out the flyers with doctors’ photos on it, it was an indication to us that they were actually singling those doctors out within that residential neighborhood to protest.” Harris adds, “The purpose of the law is to protect that person’s identity against basically a lone-wolf assailant coming in there and possibly doing harm to that individual or that family.” One doctor who spoke during the trial said the posters were “a call for my murder” (see May 31, 2009), said they made him “fear… for his life,” and said he now “gets down on his hands and knees to make certain there are no bombs under his car.” Prosecutors said that the posters were the equivalent of “placing targets” on the doctors. Benham insists that the posters are no threat, and says his only intent was to “inform the community” that the doctor “kills babies… for a living” and has “no respect for life of children in the safety and neighborhoods of their mothers’ wombs” (see 1995 and After, January - April 2003, and September 13, 2010). But Cindy Thompson of the local National Organization for Women (NOW) chapter says that Benham “needs to leave women alone and let us make up our own minds” about whether to have abortions. “This is not free speech,” says Kathy Spillar of the Feminist Majority Foundation, a group that tracks violence against abortion providers. “This is the equivalent of yelling fire in a crowded theater. These wanted posters are communicating a threat to these abortion providers, and essentially they become targets of anti-abortion extremists willing to kill.” [National Public Radio, 11/8/2010; Think Progress, 11/9/2010; United Press International, 11/9/2010]
Katha Pollitt. [Source: Katha Pollitt]Columnist Katha Pollitt, writing for the liberal magazine The Nation, believes that the newly elected Republican majority in the US House of Representatives will do its best to restrict abortions. Pollitt notes that when the newly elected Congress members take their seats in January 2011, there will be 53 additional anti-abortion voices in the House and five in the Senate. Some, like Senator-elect Rand Paul (R-KY) and Representatives-elect Mike Fitzpatrick (R-PA) and Tim Walberg (R-MI) oppose most methods of birth control, in vitro fertilization, and stem cell research, and join Senators-elect Marco Rubio (R-FL) and Pat Toomey (R-PA) in opposing abortions even in the cases of rape or incest. Toomey supports incarcerating doctors who perform abortions. Pollit writes, “Supporters of reproductive rights are looking at the most hostile Congress since abortion was legalized in 1973” (see January 22, 1973). Pollitt writes that in 2011, Republicans in Congress will try to:
Reinstate the global gag rule, lifted by President Obama on his first day in office, which bars recipients of US foreign aid from so much as mentioning abortion in their work, and make it permanent.
Pass the No Taxpayer Funding for Abortion Act, which will make the Hyde Amendment (see September 30, 1976) permanent and reinterpret it to forbid any government agency from funding any program which has anything to do with abortion. Pollitt writes: “For example, if your insurance plan covered abortion, you could not get an income tax deduction for your premiums or co-pays—nor could your employer take deductions for an employer-based plan that included abortion care. (This would mean that employers would choose plans without abortion coverage, in order to get the tax advantage.) The bill would also make permanent current bans like the one on abortion coverage in insurance for federal workers.”
Pass the Title X Abortion Provider Prohibition Act, which would ban federal funds for any organization that performs abortions or funds organizations that do so. Pollitt says the aim of this legislation “is to defund Planned Parenthood, the nation’s largest network of clinics for family planning and women’s health, and in many regions the only provider within reach.”
Beef up so-called conscience protections for health care personnel and hospitals.
Ban Washington, DC, from using its own money to pay for abortions for poor women.
Revisit health care reform to tighten provisions barring coverage for abortion care.
Preserve the ban on abortions in military hospitals.
Pollitt says that the idea behind all of these legislative initiatives is not the banning of abortion, but the disallowing of taxpayer dollars to fund it. Planned Parenthood head Cecile Richards says: “This election was not about choice. The bottom line was jobs and the economy. But if you look at close races where the prochoice candidate won, and where women knew the difference between the candidates on reproductive rights, they voted prochoice and arguably made the difference.” Richards says that if Democrats want to successfully oppose Republicans on these and other legislative initiatives, they will need the active support of pro-choice women. [Nation, 11/10/2010]
Entity Tags: Katha Pollitt, Rand Paul, Marco Rubio, Mike Fitzpatrick, Cecile Richards, Barack Obama, Pat Toomey, Tim Walberg, Title X Abortion Provider Prohibition Act, US House of Representatives, Planned Parenthood, No Taxpayer Funding for Abortion Act
Timeline Tags: US Health Care
Former Alaska Governor Sarah Palin (R-AK), a Fox News contributor and possible 2012 presidential candidate, castigates President Obama for being what she calls the “most pro-abortion president to occupy the White House,” and warns that health care reform will lead to more abortions in America. At an event in Dallas, Palin tells her audience: “It is even worse than what we had thought. The ramifications of this legislation are horrendous.” Palin calls on the newly elected Republican majority in the US House of Representatives to repeal the health care reform legislation passed in 2010. “The biggest advance of the abortion industry in America has been the passage of Obamacare,” she says. Although Obama signed an executive order prohibiting the use of federal funds for abortions, Palin calls the order “nonbinding” and irrelevant. She also says that the Obama administration has allowed federal funding for some “high risk” insurance pools in states that allow elective abortions. [ABC News, 11/11/2010] Liberal blogger Heather Parton, writing for her blog Hullabaloo, says Palin is “lying through her teeth. In fact, the opposite is true because the administration tightened the rules for the sickest women.… [Palin and her supporters] actually want women who are battling terrible diseases to go through impossible hoops rather than have their sacred tax dollars touch dollars that paid for a necessary abortion.” [Heather Parton, 7/17/2010; Heather Parton, 11/13/2010]
A group of Democratic donors, shaken from the defeat the party suffered in the November midterm elections, meets in a Washington hotel to discuss how to counter the huge influx of corporate spending that helped defeat dozens of Democrats and give control of the US House of Representatives back to Republicans. Outside conservative groups such as the US Chamber of Commerce, the American Action Network (see Mid-October 2010), and American Crossroads/Crossroads GPS outspent Democratic groups by more than a two to one ratio. The donors are split on whether to try to emulate their opponents by raising as much money as possible from wealthy corporations and donors, or continuing down their traditional path of funding their campaign efforts via labor unions and organizations such as the Sierra Club. If they decide to pursue corporate cash, some argue, they will be viewed as hypocrites in light of Democrats’ almost-uniform opposition to the 2010 Citizens United decision, which “opened the floodgates” for unlimited corporate and labor donations (see January 21, 2010). One of the fundamental problems, Democrats note, is that while unions are allowed to contribute unlimited funds just as corporations do, unions, which traditionally support Democrats, are far less wealthy than their corporate counterparts. And despite record-breaking fundraising by the Obama presidential campaign in 2008, most corporations donate to Republicans. The donors are not expected to come up with simple answers as they begin to strategize for 2012, where Republicans are expected to raise and spend an unprecedented half-billion dollars trying to defeat President Obama. Moreover, the White House has sent decidedly mixed messages on the subject. During the 2008 race, the Obama campaign instructed an independent progressive “527” PAC, the Fund for America, to shut down its operations after it began releasing attack ads against Obama’s opponent, Senator John McCain (R-AZ). The Obama campaign did not want independent organizations conducting their own operations, but wanted full control of the campaign message. And campaign leaders said they wanted to win with small individual contributions from ordinary citizens, not with massive corporate donations. The White House’s opposition to such outside funding continued through 2010, and as a result, corporate donations to Democratic-supporting groups were far outstripped by Republican donations. Since then, Obama’s top political advisor David Axelrod has indicated the White House would support liberal donors’ independent efforts to counter Republican political donations, but many Democratic donors still believe the Obama administration is not fully behind those efforts. A Democratic strategist who refuses to be identified says: “By and large, the political people in the Obama firmament really have disdain for outside groups. They think they whine and snivel and make all these demands and don’t produce very much.” Some liberal donors and organizations are ignoring the resistance from the White House and making their own plans, such as David Brock, the founder of Media Matters for America (MMFA), who is considering forming his own 527 (see 2000 - 2005) for 2012. Another Democratic activist, Joan Fitz-Gerald of the umbrella group America Votes, says Democrats cannot depend on the courts or Congress to rein in corporate spending, noting that Congressional Democrats failed to get the DISCLOSE Act, a campaign finance reform measure, to the floor of the Senate for a vote (see July 26-27, 2010). Fitz-Gerald says Democrats must adapt to the new political landscape or risk another trouncing in 2012. However, she recommends working through existing progressive organizations more than using hastily formed PACs and 527s funded by one or two wealthy sources. Unions and environmental groups have large, citizen-based funding sources, whereas Republican organizations are often funded by a small group of wealthy donors who bankroll numerous such organizations. Those organizations, she says, lack credibility with voters. The traditional grassroots-based organizations, she says, “are trusted messengers, whether they’re a union that someone belongs to or a group that people have been a member of for many years. At some point the American people, as they see these ads pushing this right-wing agenda, they’re going to ask: ‘Who are these people? What’s the goal of American Crossroads?’” But the funding garnered by the right made the difference in the 2010 elections, Democratic donors agree. Mike Palamuso of the League of Conservation Voters recalls, “For every $500,000 we spent, it felt like American Crossroads spent another $5 million.” Many agree with Democratic political strategist Harold Ickes, who says: “Is small money better? You bet. But we’re in a f_cking fight. And if you’re in a fistfight, then you’re in a fistfight, and you use all legal means available.” [Mother Jones, 11/15/2010]
Entity Tags: David Brock, American Action Network, America Votes, American Crossroads, David Axelrod, US House of Representatives, Sierra Club, Harold Ickes, Joan Fitz-Gerald, US Chamber of Commerce, American Crossroads GPS, Mike Palamuso, Obama administration
Timeline Tags: Civil Liberties
Victor Bout being escorted by Drug Enforcement Administration agents as he is extradited to the US. [Source: Drug Enforcement Administration]Accused arms dealer Victor Bout is extradited from Thailand to the US on terrorism charges. Bout was arrested in Thailand in early 2008 (see March 6, 2008). He will be tried in the US on a variety of weapons dealing charges. For many years, Bout had a public reputation as the world’s most influential and notorious illegal arms dealer. Bout is Russian, and the Russian government strongly condemns the extradition. Russia’s Foreign Ministry issues a statement blaming “unprecedented political pressure” by the US on Thailand for Bout’s “illegal extradition.” The ministry also says that his guilt is unproven. [CNN, 11/16/2010]
State Representative Paul Hackbarth (R-MN) is filmed outside a women’s health clinic carrying a pistol. [Source: WCCO-TV]Minnesota Republican State Representative Tom Hackbarth is handcuffed and detained by police after coming to a Planned Parenthood clinic in St. Paul with a revolver on his hip. Hackbarth is not arrested, but police temporarily confiscate his gun. Hackbarth is caught on video surveillance cameras parking his pickup truck in the clinic parking lot, exiting the vehicle with a loaded .38 Smith and Wesson in a holster, and walking down a dark alley behind the clinic. A clinic security guard spots Hackbarth “loitering” behind the clinic, and calls the police; they detain Hackbarth shortly after he drives away from the clinic. A search of the vehicle turns up a map of the area and a clip for another weapon, a .357 pistol. Hackbarth, the new chairman of the House Environment and Natural Resources Committee, is stripped of his leadership position after the incident. He says he had no intention of inciting any violence at the clinic, and denies even being aware that he had driven to a women’s health clinic. Instead, he says he was attempting to meet a woman whom he met via an online dating service, and admits that he and his wife are separated. “She gave me some line of baloney, and I thought, ‘well, she’s fibbing to me,’” Hackbarth explains. “You could tell, and I thought, ‘well, I’m going to check it out,’ and I went there to see if she was around and her vehicle was not there. And I was just checking on her.… Sure enough, she lied to me and I’m done with it.” The police report says Hackbarth may have been jealous over another man, an explanation he denies, though he tells police he is “jealous” about his “girlfriend.” The police report also says Hackbarth exhibited the behavior of a stalker: angry, looking for a woman, carrying a loaded weapon, and the police cite him for “stalking-like behavior” and borderline “harassment or terroristic threats.” Hackbarth says: “I have a permit to carry legally. I carry my gun all the time. I have never had an incident and everything is perfectly legal and above board.… What did I do that was so bad? According to me, all I did was go to an empty parking lot and parked my truck… walked around the block, and picked up the car and left.” He calls the police allegations “insane.” Neither the police nor the local press can confirm the identity of the woman Hackbarth says he went to meet; Hackbarth claims he has no contact information on her, cannot remember the Web site on which he says he met her, and only identifies her as “Linda.” He claims they have dated “one or two times.” Police state they consider the case closed. [WCCO-TV, 11/24/2010; Raw Story, 11/24/2010; St. Paul Pioneer-Press, 11/24/2010; KARE-11, 11/24/2010]
Democrats in Congress are contemplating using the Constitutional amendment process to overturn the controversial Citizens United ruling by the Supreme Court that allows unlimited corporate spending on elections (see January 21, 2010). A new poll from Public Polling Policy as commissioned by the Progressive Change Campaign Committee (PCCC) finds that a plurality of voters would support such an amendment. Forty-six percent of voters surveyed agreed that “Congress should consider drastic measures such as a Constitutional amendment overturning the recent Supreme Court decision allowing unlimited corporate spending in elections.” Thirty-six percent disagreed, and 18 percent had no opinion. Such an amendment would likely fail in Congress, as it would require a two-thirds majority in both chambers and then ratification by three-quarters of the states. Representative Donna Edwards (D-MD) wrote such an amendment, in draft form, the evening that the Citizens United decision was announced. Her proposed amendment reads: “The sovereign right of the people to govern being essential to a free democracy, Congress and the States may regulate the expenditure of funds for political speech by any corporation, limited liability company, or other corporate entity. Nothing contained in this Article shall be construed to abridge the freedom of the press.” She says that there have been times in American history that such amendments catch the public attention and move quickly into law. “The process is very rigorous, and it should be,” she says. “But there have been plenty of examples of amendments to the Constitution that have happened, actually, with fairly rapid-fire when they catch on.” She adds: “I really concluded that the Supreme Court actually put the challenge out to us, here in the Congress. They said, you know, you could make a judgment that this is not really good for the system, but the fact is that the Constitution doesn’t allow you to regulate this. Congress, you have no—the Court told us directly—Congress, you have no authority to regulate. And when the Court says that so directly, it only leaves us one choice.” Two prominent Senate Democrats, John Kerry (D-MA) and Max Baucus (D-MT), support the amendment. A Baucus spokesperson says, “Max is always willing to work with anyone toward the common goal of making sure Montanans’ voices don’t get drowned out by out-of-control corporate campaign donations.” PCCC co-founder Adam Green says: “It’s time to stop thinking small-bore. The solution to Citizens United is not merely disclosure, it’s to overturn Citizens United—and even last November’s Republican-skewed electorate agrees.” Edwards says that Democrats should embrace the concept that the Constitution is a political ground worth fighting on. “A lot of progressives are not accustomed to using the mechanisms of the Constitution,” she says. “The right has used—has tried to do that an awful lot of times on a whole range of different things in state legislatures and across the board. And as progressives, we’re not accustomed to doing that, and this is one instance, though, where the populist demand is there, and our energy and our policy has to match that demand and a Constitutional amendment does that.” [Huffington Post, 11/23/2010]
Randall Terry meets with John Boehner’s chief of staff Mick Krieger and other Boehner aides. [Source: Randall Terry]Randall Terry, the anti-abortion activist who formerly headed Operation Rescue (OR—see 1986 and 1996) and currently heads several smaller anti-abortion organizations, sends out an email alert touting his recent meeting with Mick Krieger, the chief of staff for Representative John Boehner (R-OH). Boehner is presumed to become speaker of the House when the Republicans formally assume control of the House in January 2011. In his email, Terry writes that he intends to pressure Boehner to repeal abortion entirely throughout the US, stating: “We must demand that Republicans who won the House of Representatives hasten the end of legalized child killing in America. Their victory could be a strong step forward for the babies, but it also might be yet another set back after 50,000,000 dead babies.… When the Republicans are in power, pro-life groups and leaders become way too ‘polite.’ We lose our edge; we don’t hold them accountable; we settle for trite phrases and broken promises as long as they will meet with us for 10 minutes, and we can take our picture with them, or they come to one of our meetings and receive some useless award.… Unless the Republicans do something concrete to save babies from murder, then they are collaborators with child killers, and we must treat them as such. We have Pro-Life DEMANDS for Mr. Boehner & House GOP[.] We Must Play Hard Ball: They Must Fear Pro-Lifers!” [Contacting the Congress, 2010; Randall Terry, 11/27/2010; Right Wing Watch, 11/29/2010] Writing for the progressive news Web site Think Progress, Tanya Somanader notes that Terry’s “incendiary antics don’t seem to phase many conservatives.” Obviously, she observes, Boehner feels “comfortable bringing such a radical extremist into the establishment fold.” [Think Progress, 11/29/2010]
English Defense League logo. The slogan “In hoc signo vinces” roughly translates to “In this sign you will conquer.” [Source: BareNakedIslam (.com)]Florida pastor Terry Jones, who has achieved notoriety over his recent plans to burn Korans (see July 12, 2010 and After, September 9, 2010, and September 9-10, 2010), is invited to take part in a British event to discuss his anti-Islamic views. Jones is invited to take part in a February 2011 rally sponsored by the English Defense League (EDL), a right-wing nationalist organization. Other groups are asking the British government to prevent Jones from entering the UK. Jones welcomes the invitation, saying his appearance would be “positive” but admitting he would preach against “extremist Muslims.” He says he would not burn a Koran at the rally. Groups such as Unite Against Fascism and Hope Not Hate are pressuring the British government to keep Jones from attending the event. Of Muslims and Britain, Jones says: “We have no problem with Muslims—we have freedom of speech and religion—Muslims who want to make our country their country, obey our laws and constitution. We have a problem with them, which I believe you all have also, when they go on the street… and they call for the death of the UK, for the death of Israel, for the death of America. They call for Shari’a law. They say they are going to turn Buckingham Palace into a mosque and the Queen must convert to Islam or leave the country.” Jones admits to knowing little about the EDL. Weyman Bennett of Unite Against Fascism says: “Terry Jones is coming here to whip up Islamophobia and racism. We intend on calling a mass demonstration where everyone can oppose the growth of racism and fascism in this country.” Hope Not Hate’s Nick Lowles says: “Only extremists will benefit from his visit and, as we know, extremism breeds hatred and hatred breeds violence. It is yet another example of how the EDL exists only to sow the seeds of intimidation and division.” George Readings, a spokesman for the counter-extremism think tank Quilliam, adds: “Terry Jones is only coming to the UK to address a rally by the EDL, a far-right group whose protests have a track record of degenerating into violence. This suggests that his presence in the UK will not be conducive to the public good. The EDL has only invited him here to stir up trouble.” [BBC, 12/10/2010]
EDL Withdraws Invitation, Cites Jones's Anti-Gay, Racial Statements - Days later, the EDL withdraws its invitation, saying it does not agree with Jones’s inflammatory positions on homosexuality and race. Jones accuses the EDL of “bow[ing] to pressure from the government… and people within their own organization,” and promises to come to the UK in February “and organize something in London.” EDL spokesman Guramat Singh says that Jones approached the EDL asking to take part in the rally. The request sparked debate within the organization, Singh says: “A few of us have been debating the question of whether we bring him or not and after doing some research and seeing what his personal opinions are on racism and homosexuality, we are not allowing him to speak at our demonstration. He is not the right candidate for us. Although the English Defense League are sincere to what he has to say about Islam, we do not agree with some of his manifesto such as some of his issues with homosexuality and some of his issues with race. The EDL is anti-homophobic and we are a non-racism organization.” [BBC, 12/13/2010]
Home Office Denies Jones Entrance - Britain’s Home Office denies Jones entry to the UK after another group, England Is Ours, extends an invitation for Jones to take part in one of its events. A Home Office spokesperson says it denied Jones entrance to the UK because the government “opposes extremism in all its forms.… Numerous comments made by Pastor Jones are evidence of his unacceptable behavior. Coming to the UK is a privilege, not a right, and we are not willing to allow entry to those whose presence is not conducive to the public good. The use of exclusion powers is very serious and no decision is taken lightly or as a method of stopping open debate.” [BBC, 12/19/2010]
Lieutenant Colonel Terry Lakin, who has refused to obey orders deploying him to Afghanistan because, he says, he questions President Obama’s citizenship and therefore his right to issue orders to the military (see Before April 13, 2010), is convicted of disobeying orders from his lawful superior officers. In a court-martial, a military jury finds Lakin guilty of the specific charge of “missing movement by design.” His lawyers had argued that Lakin should be convicted only on lesser charges. He has already pled guilty to another charge that included not meeting with a superior when ordered to do so and not reporting for duty at Fort Campbell. During his trial, Lakin told the jury that he would “gladly deploy” if Obama’s original birth certificate were released and proved authentic (see June 13, 2008, August 21, 2008, October 30, 2008, and July 28, 2009). He could be sentenced to up to 42 months in prison, but the jury sentences him to six months in prison and dishonorably discharges him from the Army. He also forfeits his pension. During the sentencing phase of his trial, a tearful Lakin tells the jury: “I don’t want [my career] to end this way. I want to continue to serve.… It crushed me not to be on deployment. I can be on a plane tomorrow. I’d truly do that.” Before his trial, Lakin issued a belligerent press statement saying he “invited” the court-martial and refused to deploy until Obama “proved” his citizenship (see April 22-23, 2010). During the trial, prosecutors played a March 30, 2010 YouTube video by Lakin that accused Obama of “subvert[ing] law and truth” and ordered Obama to “release your original, signed birth certificate—if you have one.” Lakin also released a second video in July accusing the Army of convicting him “without a trial” (see July 17, 2010). During sentencing, Lakin called the March video an embarrassing mistake, brought on by pressure and poor advice from supposed supporters (see April 22-23, 2010, August 2, 2010 and August 31, 2010). “I would not do this again,” he said. “It was a confusing time for me, and I was very emotional. I thought I was choosing the right path, and I did not.… I thought this was such an important question that I had to get an answer. I thought I was upholding the Army values by questioning this… but I was wrong.” During the proceedings, “birthers” in the gallery repeatedly interrupt with applause at references to Obama’s birth certificate, and can be heard calling the trial “disgusting.” They also hand out pamphlets with a picture of Obama labeled “usurper” and “ineligible.” [TPM Muckraker, 12/14/2010; Stars and Stripes, 12/15/2010; Associated Press, 12/16/2010]
Hawaiian Governor Neil Abercrombie (D-HI) says he is “incensed” over the so-called “birther” conspiracy theory that asserts President Obama was born in a foreign land and not, as documents have proven, in Honolulu (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, October 30, 2008, July 1, 2009, July 28, 2009, July 28, 2009, and July 29, 2009). Abercrombie knew Obama’s parents when they attended university in Hawaii, and remembers seeing Obama as a baby when his parents took him to social events. He says he wants to change state policy to allow him to release additional proof that the president was born in Honolulu in 1961. “It’s an insult to his mother and to his father, and I knew his mother and father; they were my friends, and I have an emotional interest in that,” Abercrombie says. “It’s an emotional insult. It is disrespectful to the president; it is disrespectful to the office.” Abercrombie says he has talked to Hawaii’s attorney general and the chief of the Department of Health about how he can release more explicit documentation of Obama’s birth. “He’s a big boy; he can take sticks and stones. But there’s no reason on earth to have the memory of his parents insulted by people whose motivation is solely political. Let’s put this particular canard to rest.” He acknowledges that no matter what he does, some will remain unconvinced. Some of those critics, Abercrombie says, are engaging in a “demonological fantasy” about Obama’s birth. Referring to efforts in several state legislatures to force presidential candidates to produce authentic birth certificates (see February 14-27, 2011), he says, “[I]t is very difficult for me not to conclude that bills like that are meant as a coded message that he is not really American.” [New York Times, 12/24/2010] Abercrombie will abandon his attempt to procure the “explicit” documentation, presumably the “long form” certificate kept on file in Hawaii’s state records (see July 1, 2009), because Hawaii’s attorney general will inform him that the law precludes his disclosing any such information without the person in question’s explicit consent. “There is nothing more that Governor Abercrombie can do within the law to produce a document,” Abercrombie spokeswoman Donalyn Dela Cruz will say. [St. Petersburg Times, 2/27/2011]
Rick Santorum (R-PA), currently a longshot candidate for the Republican presidential nomination, says that President Obama should oppose abortion because he is black. Santorum, who opposes abortion rights, says: “Barack Obama says no, well if that human life is not a person then.… I find it almost remarkable for a black man to say ‘now we are going to decide who are people and who are not people.’” Buzzfeed’s Andrew Kaczynski later writes of Santorum: “He’s expressing a relatively common view in anti-abortion circles: That the higher rate of abortions among African-Americans means that black Americans should be particularly hostile to the practice. It’s not an argument that’s had much traction, however, with black voters, and Santorum may not be the ideal messenger for it.” [Buzzfeed, 1/1/2012; Huffington Post, 1/1/2012] NewsOne later comments: “What Santorum implies, as have anti-abortion billboards posted in inner cities (see February 2010), is that African-Americans such as Obama should oppose abortion because they were once considered three-fifths of a person by law and not completely human. And in saying this, Santorum succeeds in belittling women’s reproductive rights and the civil rights movement.” [NewsOne, 1/2/2012]
US Senator Mike Lee (R-UT) posts a video on his YouTube channel in which he declares federal child labor laws “unconstitutional.” Lee says: “Congress decided it wanted to prohibit [child labor], so it passed a law—no more child labor. The Supreme Court heard a challenge to that and the Supreme Court decided a case in 1918 called Hammer v. Dagenhardt. In that case, the Supreme Court acknowledged something very interesting—that, as reprehensible as child labor is, and as much as it ought to be abandoned—that’s something that has to be done by state legislators, not by members of Congress.… This may sound harsh, but it was designed to be that way. It was designed to be a little bit harsh. Not because we like harshness for the sake of harshness, but because we like a clean division of power, so that everybody understands whose job it is to regulate what. Now, we got rid of child labor, notwithstanding this case. So the entire world did not implode as a result of that ruling.” Think Progress reporter Ian Millhiser calls Lee’s interpretation flawed. The Constitution gives Congress the power “[t]o regulate commerce… among the several states [and to] make all Laws which shall be necessary and proper for carrying into Execution” this power to regulate commerce. This provision has been upheld in many Court cases. Lee failed to note that in 1941, the Court unanimously overruled Hammer v. Daggenhardt in United States v. Darby. Moreover, Millhiser notes, child labor exploitation did not stop until Congress placed strict limits on it in the Fair Labor Standards Act of 1938, a law upheld by United States v. Darby. [Think Progress, 1/31/2011] Senate Republicans will give Lee a seat on the Senate Judiciary Committee, which works with constitutional interpretation. Lee has also declared Social Security, Medicare, the Federal Emergency Management Agency (FEMA), the Food and Drug Administration (FDA), food stamps, and income assistance to the poor all unconstitutional. [Think Progress, 1/27/2011]
Tim Phillips (L) and David Koch, together at an Americans for Prosperity event. [Source: Americans for Prosperity]Oil billionaire and conservative activist David Koch (see 1977-Present, 1979-1980, 1997, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, November 2009, December 6, 2009, April 2010 and After, July 3-4, 2010, June 26-28, 2010, August 28, 2010, August 30, 2010, and September 24, 2010) attends the 112th Congress’s swearing-in ceremony, accompanied by Tim Phillips, the head of the Koch-financed Americans for Prosperity (AFP—see May 29, 2009) and a number of current and former Koch Industries lobbyists, including Nancy Pfotenhauer. The event marks the ascendance of Republicans to the majority of the House, and the selection of John Boehner (R-OH) as speaker of the House. After the ceremony, Koch asks Frank Guinta (R-NH), a freshman Republican and “tea party” member elected in part by lavish AFP spending on his behalf, if he will attend a party that Koch is throwing for Republican Congressional members. Guinta affirms that he will attend. Lee Fang, a reporter for Think Progress who observes the Koch-Guinta conversation, speaks to Koch after the two conclude their discussion. Fang identifies himself as a Think Progress reporter and asks Koch what he expects from the Boehner-led Congress; Koch replies, “Well, cut the hell out of spending, balance the budget, reduce regulations, and, uh, support business.” Phillips immediately intervenes, identifying Fang to Koch as “a good blogger on the left, we’re glad to have him—” but Fang continues interviewing Koch. During the relatively brief interview, Phillips repeatedly attempts to push Fang’s cameraman Scott Keyes away from Koch, and shouts into Keyes’s camera, in an apparent attempt to disrupt the interview. However, Koch is cooperative with being interviewed. Koch is apparently proud of the work being done by AFP and says, “We’re going to do more too in the next couple of years.” Fang asks Koch if he is proud of the tea party movement, and Koch replies: “Yeah. There are some extremists there, but the rank and file are just normal people like us. And I admire them. It’s probably the best grassroots uprising since 1776 in my opinion.” Koch is hesitant to answer questions about “climate change,” agreeing only that “[c]limate does fluctuate,” but refusing to answer questions about the effect of carbon pollution on the climate. Instead, he says that any attempts to regulate carbon emissions will “really damage the economy.” Fang concludes by asking about the Citizens United decision that allows unlimited corporate spending on elections (see January 21, 2010). According to Fang, Koch looks uncomfortable discussing the subject and is quite reticent. Koch refuses to answer when Fang asks him about a recent meeting he sponsored with former Fox News talk show host Glenn Beck “and several other conservatives” (see June 26-28, 2010). While Phillips continues to interrupt and chide Fang for asking about the Citizens United decision, Koch refuses to answer Fang’s question, “Could you tell the public what you discussed at that meeting?” [Think Progress, 1/5/2011; Think Progress, 1/6/2011; Think Progress, 1/7/2011; Think Progress, 1/10/2011]
Governor Rick Scott (R-FL) withdraws a request to have the federal government approve two new Florida redistricting amendments. Under the Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989), the Justice Department (DOJ) must approve any redistricting changes made by Florida to make sure they do not diminish minority voting access. Amendments 5 and 6 were approved by 63 percent of Florida voters in November 2010, the same election that awarded Scott the governorship. The amendments impose new standards for legislators to follow for redistricting in 2012. Then-acting Secretary of State Dawn Roberts submitted the new standards to the DOJ for approval. Scott does not explain his withdrawal, but media reports speculate that he is working with Florida Republicans, who have challenged the new amendments in court. Scott replaced Roberts with former Secretary of State Kurt Browning, the head of Protect Your Vote, an organization which led the opposition to Amendments 5 and 6. Scott only says: “One of the things that we’re looking at is the amendments that were passed, how they’re going to be implemented. We want to make sure that with regard to redistricting, it’s fair, it’s the right way of doing it. So it’s something I’m clearly focused on.” Of Browning, he says, “My agents will do everything we can to make sure it’s fairly done.” The Florida Department of State denies any involvement by Browning in the decision to withdraw the request. Scott’s spokesman Brian Hughes says, “This withdrawal in no way impedes the process of redrawing Florida’s legislative and Congressional districts.” Florida Democrats say Scott is attempting to delay or block implementation of the amendments. Fair Districts Now, the organization that proposed the amendments, issues a statement accusing Scott of trying to subvert the will of the people. It says: “Within its first days in power, the new administration of Governor Rick Scott, through its Department of State, took extraordinary steps to thwart the will of the overwhelming majority of Florida voters who voted for redistricting reform in Florida. On, November 2, 63 percent of Florida voters amended the Florida Constitution to include new non-partisan redistricting standards. When new laws affect voting as these do, the Voting Rights Act requires that the standards be reviewed and ‘pre-cleared’ by the Justice Department (DOJ). It is the duty of the state to request DOJ pre-clearance. Governor Crist ordered that a formal request for pre-clearance be filed. The Florida secretary of state’s office filed that request on December 10, 2010. On January 7, 2011, as one of its first acts, the new administration of Governor Rick Scott, through its Department of State, in an apparent attempt to thwart the will of the voters, wrote to DOJ withdrawing the amendments from review.” Fair Districts Now may sue Florida to have the new standards reviewed by the DOJ. Senate Democratic Leader Nan Rich says Scott should follow the “will of the voters,” and adds: “The governor got elected with 48 percent and he calls that a mandate. I think that the amendment passing with 63 percent is definitely a mandate.” NAACP board member Leon Russell, who supports the two amendments, says Scott is abusing his power “to prevent implementation of these needed reforms.” Regardless of what is and is not done, the redistricting plans will have to receive “pre-clearance” under the VRA before being implemented. Scott does not inform the media of his withdrawal, and reporters do not learn of it until almost the end of January. Scott makes the withdrawal three days after being sworn in as governor. [Miami Herald, 1/25/2011; The Ledger, 1/25/2011; Florida Independent, 1/25/2011]
Entity Tags: Leon Russell, Dawn Roberts, Charles Joseph (“Charlie”) Crist, Jr, Brian Hughes, Fair Districts Now, Kurt Browning, Protect Your Vote, Rick Scott, US Department of Justice, Voting Rights Act of 1965, Nan Rich, Florida Department of State
Timeline Tags: Civil Liberties
Craig Cobb, a white supremacist (see October 31, 2005) hiding from a Canadian arrest warrant somewhere in the United States, calls on his supporters to launch violent attacks against Jews and US government installations, according to information from the SITE Intelligence Group, a terrorism monitoring group in Washington State. Cobb, whom authorities belive is in Montana, writes that he prefers his followers decide on “doing something they haven’t yet done before” for the white supremacist cause rather than offer him help. He cites three instances of violence as examples of the kind of action he is calling for: Joe Stack, who in 2010 crashed his Piper Dakota plane into a federal building in Austin, Texas, killing himself and an IRS manager (see February 18, 2010); James von Brunn, who shot a guard at the US Holocaust Museum (see June 10, 2009 and After); and Joseph Paul Franklin, a serial killer motivated by his hatred of African-Americans and Jews (see 1980). “History may turn” if a few more people conduct such attacks, Cobb writes. Terry Wilson of the Royal Canadian Mounted Police (RCMP) says of Cobb, “Money doesn’t motivate him at all; he only wants money to survive.” Cobb, through an intermediary, posts his message on the extremist Vanguard News Network. In other messages, he has taunted Wilson, telling the RCMP officer he could find Cobb “in the orange easy chair near the elevator at Flathead County Library, Kalispell, MT, 10-8 M-Th, or 11-5 Fridays and Saturdays, Terry.” Cobb operated his own “hate Web site” from Vancouver between mid-2009 and his arrest at the Vancouver Public Library in June 2010. Cobb fled to the United states hours after his arrest, as the RCMP was forced to release him because of a delay in filing federal hate-crime charges. He has been a fugitive from Canadian justice since them. Cobb was born in Missouri, gained dual Canadian citizenship after living in Canada in the 1970s, and began his white supremacist activities on the Internet in 2005, while living in Estonia. He was deported by Estonian authorities in August 2009, and then returned to Canada. Cobb has also encouraged his followers to join the Creativity Movement, another violent white supremacist organization (see 2009). He calls himself “The Orson Welles/Julian Assange of White Nationalism.” [CTV, 1/7/2011; Vancouver Sun, 1/26/2011]
The Arizona legislature unanimously passes legislation designed to keep protesters from the anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) from demonstrating at the funeral of a nine-year-old girl murdered during an assassination attempt on Representative Gabrielle Giffords (D-AZ). Governor Jan Brewer signs it into law almost immediately thereafter. Brewer says the law “will assure that the victims of Saturday’s tragic shooting in Tucson will be laid to rest in peace with the full dignity and respect that they deserve,” and praises lawmakers for what she calls “a remarkable spirit of unity and togetherness.” The bill, which does not mention the Tucson shooting of Giffords and others, prohibits protests at or near funeral sites. The bill is proposed and passed within 90 minutes. Christina Taylor Green will be laid to rest on January 13; she is one of six people killed in the shooting. Giffords and 13 others were wounded, some, like Giffords, gravely. The WBC said it plans to protest the funeral because “God sent the shooter to deal with idolatrous America.” State Senator Kyrsten Sinema (D-AZ) says: “This is just horrific that people have to deal with this. We shouldn’t have to do this in time of great pain for our state.” Arizona’s law is modeled on a similar law passed by Ohio and upheld in a federal court of appeals. The Arizona law makes it a misdemeanor punishable by up to six months in jail to picket or conduct other protest activities within 300 feet of a funeral or burial service from one hour before the event to one hour after. WBC official Shirley Phelps-Roper says the church will go ahead with the protest, but at a location some 1,000 feet from the funeral. She says the church will also picket at the funeral of US District Judge John M. Roll, another victim of the shooting. State Senator Paula Aboud (D-AZ) says volunteers are organizing a “human shield” to block protesters from the view of family members. Senate President Russell Pearce (R-AZ) says the bill “is a good compromise that doesn’t trample our God-given rights.” [Associated Press, 1/11/2011] The next day, the WBC announces that its plans to protest the funerals are canceled. Church officials say the protests are canceled in return for an interview on a nationally syndicated radio talk show hosted by Mike Gallagher, a deal similar to one the church made in 2006 (see October 2-3, 2006), and other interviews on regional radio shows. Phelps-Roper says the interviews will give more publicity to the church than the protests would: “It’s always a question of where can you put the words in the most ears.” Gallagher says of his offer: “Believe me, I’m doing this show with a heavy heart. I don’t like the idea of giving them the satisfaction of this, but I believe my radio airwaves are less important than them hurting families.” [Topeka Capital-Journal, 1/12/2011]
An FBI photograph of the backpack containing the bomb. [Source: FBI / TPM Muckraker]A “backpack bomb” is found planted on or next to a bench near the “Unity March” planned for downtown Spokane, Washington, as part of the scheduled Martin Luther King Jr. Day festivities. Three contract workers spot the black Swiss Army-brand backpack near a bench on the southeast corner of Washington Street and Main Avenue. The backpack contains a powerful bomb. Spokane police quickly reroute the march to avoid any potential danger. A bomb squad using remote-controlled robots successfully removes the bomb without detonating it. Officials later say the bomb is a sophisticated device which is designed to be detonated remotely, using something similar to a vehicle keyless entry switch; FBI officials call the bomb a “credible threat” to passersby and parade participants. The bomb, sources say, contains gunpowder and lead pellets, apparently designed to function as shrapnel. The bomb could have inflicted heavy casualties, and was placed in a way to maximize the blast toward marchers in the street. Other sources say that the bomb maker included rat poison in the bomb; most rat poisons contain warfarin, which would have caused wounded victims to bleed heavily once struck with shrapnel. Two T-shirts are stuffed around the bomb, in an apparent attempt to conceal it. Both have ties to Stevens County; one was distributed at a 2010 “Relay for Life” event in Colville, Washington, about an hour northwest of Spokane, and another, with the words “Treasure Island Spring 2009” on the front, was from a local theater production in 2009 in the town of Chewelah. Federal officials later call the bomb a thwarted attempt at domestic terrorism. The bomb is sent for testing to an FBI forensics lab in Quantico, Virginia. The Reverend Happy Walker, a featured speaker at the Unity March, later says: “People in New York City hear about Spokane and associate us with Hayden Lake and the Aryan Nations (see Early 1970s). It just shouldn’t be that way because it’s a great place to live. We’ve still got that hate that lingers and doesn’t go away. That’s disheartening.” [Seattle Times, 3/9/2010; KXLY, 1/18/2011; Spokane Spokesman-Review, 3/9/2011] Two days after the bomb is found, FBI special agent Frank Harrill will tell a reporter, “Clearly the confluence of the parade route, the timing, the fact that the device was likely placed on that route roughly an hour before the parade… falls squarely within the realm of domestic terrorism.” [TPM Muckraker, 1/19/2011] In March, alleged white supremacist Kevin Harpham will be arrested and charged with planting the bomb (see March 9, 2011). It is possible that Harpham may have planted the bomb in response to a call for violence from fugitive white supremacist Craig Cobb (see Around January 8, 2011).
A screenshot of Glenn Beck’s Web site, currently displaying this image on the front page. It juxtaposes a message urging Americans to ‘stand together against all violence’ with an image of Beck posing with a handgun. [Source: Glenn Beck]Fox News talk show host Glenn Beck denies he ever advised his viewers to “shoot” Democratic leaders such as Nancy Pelosi “in the head.” Beck made his statement during a June 2010 broadcast on Fox (see June 9, 2010), and at the time his comments were not widely publicized. In the aftermath of the January 2011 shooting of Democratic Representative Gabrielle Giffords (D-AZ), his comments become publicized and garner heavy criticism. Today, Beck joins his producer Steve ‘Stu’ Burguiere on his daily radio show to deny making the comments. Beck begins by accusing his “leftist” critics of twisting his words. He cites a story on the right-wing news Web site The Blaze, titled, “Did Glenn Beck really tell his audience to shoot people in the head?” and then cites a blog, Patterico’s Pontifications, that claims an “analysis” of his statement really shows that he was warning about the likelihood of Democratic politicians being shot by “radical leftists.” Beck introduces the Blaze story, then says: “This is the worst of the worst. This is the left, and those who don’t care about truth, honor, or justice at all.” Burguiere adds: “It’s just so blatant. They don’t even try to hide it anymore.” Beck then says: “And will do anything they have to do to discredit, dishonor, and inflame.… This is so easy to explain.” He presents an audio clip of his June 2010 broadcast, then says, “Let me give you the context.” He says that when he said in 2010: “You’re going to have to shoot them in the head. But warning, they may shoot you,” the “you” referred to “leftists politicians in Washington and the people in the media on the left,” while “they” referred to their “radical leftists friends. In this clip I am warning that ‘they,’ the revolutionaries that have been co-opted by the politicians and the media, they actually believe, and have called for a violent revolution. They believe it. And I was warning last summer that if they feel betrayed, if they feel like you’ve been lying to them, you’ve been using them—they’ll kill you. They’ll kill you, because they believe in something.” Burguiere adds: “And we know that because they’ve said it in their own words. They have said they wanted violence, and now that they think that they have someone on their side, if that person lets them down, you’re in danger too, and they’ve said that.” Beck says that “just because [Washington leftists] don’t actually believe in anything, doesn’t mean nobody else does. We do. Millions. You know why you’re confused by this show? It’s because I believe in something. You don’t.” Beck and Burguiere go on to accuse “radical leftists” of wanting to establish a communist tyranny in America, and to exterminate 25 million Americans who believe in democracy. [Media Matters, 1/21/2011; Jonathon Seidl, 1/21/2011]
Ahmed Khalfan Ghailani at arraignment in New York, June 9th, 2009. [Source: Reuters / Christine Cornell]Ahmed Khalfan Ghailani is sentenced to life in prison for his role in the 1998 bombings of two US embassies in Africa (see 10:35-10:39 a.m., August 7, 1998). US District Judge Lewis Kaplan imposes the maximum sentence. In November 2010, Ghailani was convicted of conspiracy to destroy buildings or property of the United States. The verdict included a special finding that his conduct caused at least one death. But this was only one of the 285 charges against him, and he was acquitted of 273 counts of murder or attempted murder. Ghailani was captured in Pakistan in 2004 (see July 25-29, 2004), kept in the CIA’s secret prison system, and then was held in the US prison in Guantanamo, Cuba, starting in late 2006 (see September 2-3, 2006). He was transferred to the mainland of the US in 2009. He was the first former Guantanamo prison to be tried in a US civilian court, and his trial has been widely seen as a test case on whether other prisoners held outside the US legal system should be tried in US courts. Critics argue that Ghailani’s verdict shows the other prisoners still in Guantanamo should be tried in military tribunals there. But others point to the verdict as an example of the fairness of the US justice system. Prosecutors had been seeking life in prison for Ghailani, and that is the sentence he ultimately receives, even though he is only convicted of one count. His defense lawyers didn’t try to argue that Ghailani had no role in the embassy bombings, but instead argued that he was duped by other people and didn’t really know what he was doing. [Christian Science Monitor, 1/25/2011]
House Republicans rush a bill to the floor for a vote to eliminate all public funding of the presidential election. The bill, if passed by the Senate and signed into law by President Obama, would eliminate one of the few remaining public funding methodologies for federal elections, and, critics say, give wealthy corporate and individual donors even more influence over elections. Public financing of presidential elections was made law by the 1971 Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) and upheld by the Supreme Court (see January 30, 1976). The bill comes to a vote almost exactly a year after the Supreme Court allowed corporations and labor unions to make unlimited donations to political organizations (see January 21, 2010). The bill, HR 359, was sponsored by Representative Tom Cole (R-OK) in June 2009 and cosponsored by 17 other House members, all Republicans. It would eliminate the Presidential Election Campaign Fund and the Presidential Primary Matching Payment Account. The Republican House leadership did not hold hearings on the bill, nor allow it to be debated in committee. Representative Chris Van Hollen (D-MD) calls the bill “a sneak attack on the system,” and notes that the Republicans had pledged to observe “transparency and openness,” but instead are pushing through such a transformative bill without allowing debate. The bill passes the House on a 239-160 vote, with the Republican majority overriding the Democratic minority. Ten Democrats vote for the bill and one Republican votes against it. Senate Minority Leader Mitch McConnell (R-KY) has already introduced his version of the bill in the Senate, though Senate Democrats say the bill has no chance of passing; Senate Majority Leader Harry Reid says through a spokesperson that the bill will never be brought up for a vote. [Mother Jones, 1/24/2011; Raw Story, 1/25/2011; CNN, 1/26/2011; National Public Radio, 1/27/2011; Bloomberg, 1/27/2011]
Repair or Eliminate? - Presidential candidates who accept public funding must agree not to accept private donations in the fall campaign. Every presidential candidate from 1976 to 2008 has accepted public funding. In 2000, George W. Bush (R-TX) did not take public financing for his primary campaign, and in subsequent years no presidential nominee has taken such funding. In 2008, Barack Obama (D-IL) declined to take public financing for his general election, the first presidential nominee to do so. Republicans claim the elimination of the public funding program would save the government between $520 and $617 million over the next 10 years. Meredith McGehee, policy director at the Campaign Legal Center, says the public financing system needs to be updated. It was created in 1976, she notes, and does not reflect the needs of 21st-century candidates. Lawmakers from both parties have attempted, without success to introduce legislation to update the system. McConnell says that Americans do not believe in the PECF, citing declining public participation. The program is funded by a $3 check-off on individual tax returns; in 1980, almost 29 percent of tax returns carried the check-off, while in 2007 only 8.3 percent of tax returns checked off the donation. “In a time of exploding deficits and record debt, the last thing the American people want right now is to provide what amounts to welfare for politicians,” McConnell says. House Democrats have introduced legislation that would modify and update the PECF instead of end it. One of that legislation’s sponsors, David Price (D-NC), says, “Dare we forget what Watergate was all about?” (Price is referring to the post-Watergate origins of the PECF.) “President Nixon’s Committee to Re-Elect the President, fueled by huge quantities of corporate cash, paid for criminal acts and otherwise subverted the American electoral system. Let’s not return to the darkest days of our democracy.” [Mother Jones, 1/24/2011; CNN, 1/26/2011; National Public Radio, 1/27/2011; Bloomberg, 1/27/2011]
Obama Administration Opposes Bill - The Obama administration strongly opposes the bill, saying that the public financing system should be improved rather than eliminated. In a statement, the White House says: “The presidential election public financing system was enacted in the aftermath of the Watergate scandal to free the nation’s elections from the influence of corporations and other wealthy special interests. Rather than candidates having to rely on raising large sums of private money in order to run, the system provides qualifying presidential candidates with the option of accepting matching funds in the primary and a public grant in the general election.… H.R. 359 would kill the system, not strengthen it. Its effect would be to expand the power of corporations and special interests in the nation’s elections; to force many candidates into an endless cycle of fundraising at the expense of engagement with voters on the issues; and to place a premium on access to large donor or special interest support, narrowing the field of otherwise worthy candidates.” [Raw Story, 1/25/2011]
Divided Response from Lawmakers - Representative Eric Cantor (R-VA) says after the bill passes that voting it into effect “should be a no-brainer.” House Minority Leader Nancy Pelosi (D-CA) says that Congress “should come together to ensure that the American people are heard, that they are heard and that they are not drowned out by special interest dollars.” Republicans such as Aaron Schock (R-IL) call Democrats and the Obama administration “hypocrites” because in 2008, Obama turned down public financing. Schock says, “It was President Obama who killed it and made a mockery of public financing of president campaigns with his arrogant pressing of self advantage.” David Price (D-NC) makes an angry rejoinder, saying: “Talk about having it both ways. [Schock] comes onto this floor to condemn President Obama for opting out of the system, and then he proposes to abolish the system so that everybody has to opt out.” Cole also condemns Obama for not taking public financing in 2008, and says he believes public financing of elections should be illegal, but goes on to say that he supports Republicans who take public financing because it is a legal option. Lynn Woolsey (D-CA) says: “Special interest money is having a corrosive effect on our democracy, eating away at the people’s confidence in their government and their elected representatives. The one beacon of light in this system is the public financing of presidential campaigns. It is, I would remind everyone, a voluntary system.” “This is an attempt to finish the job that the Supreme Court started with the Citizens United decision,” says Senator Charles Schumer (D-NY). Schumer chairs the Senate Rules Committee, which has jurisdiction over campaign finance legislation. “It would bust one of the last dams protecting our election system from an uncontrolled flood of special-interest money.” [CNN, 1/26/2011; National Public Radio, 1/27/2011; Bloomberg, 1/27/2011]
Campaign Finance Reform Advocates Critical of Bill - David Arkush of the citizens advocacy group Public Citizen says in a statement, “A vote for HR 359 is a great way to tell the American people that you want to give corporations more power over our government rather than make democracy work for ordinary Americans.” Craig Holman of Public Citizen says of the bill: “Make no mistake about it: The Republican leadership’s legislation to eliminate public financing is an attack not just on the presidential public financing system, but also an attack on congressional public financing proposals. To ensure that the public’s voice can be heard against the corporate onslaught, we need to expand public financing of elections, not kill it.” Campaign finance reform advocate Fred Wertheimer of Democracy 21 calls the bill “a gross abuse of the legislative process.” [Mother Jones, 1/24/2011; Raw Story, 1/25/2011] The nonpartisan Public Finance Action Fund, which advocates for public financing of state and federal elections, says in a statement: “These efforts are not about saving taxpayer money, they are about giving corporate donors even more access than they enjoy today. We hope these measures don’t advance any further.” [CNN, 1/26/2011]
Bill Dies in Senate - The bill will, as expected, not pass the Senate, which is under Democratic control. A similar bill will be introduced in December 2011 (see December 1, 2011), again pass the House, and die in the Senate. [Real Clear Politics, 12/1/2011]
Entity Tags: David E. Price, US Senate, US House of Representatives, Craig Holman, Aaron Schock, Barack Obama, Chris Van Hollen, David Arkush, Charles Schumer, Thomas Jeffery Cole, Public Finance Action Fund, US Supreme Court, Presidential Election Campaign Fund, Presidential Primary Matching Payment Account, Federal Election Campaign Act of 1972, Eric Cantor, Fred Wertheimer, George W. Bush, Harry Reid, Mitch McConnell, Lynn Woolsey, Obama administration, Meredith McGehee, Nancy Pelosi
Timeline Tags: Civil Liberties
Former Shenandoah, Pennsylvania, police chief Matthew Nestor is convicted of filing false police reports, and his former colleague William Moyer is convicted of lying to the FBI, in a case centered on the 2008 beating death of immigrant Luis Ramirez (see July 12, 2008 and After). FBI investigators determined that the beating death of Ramirez was a hate crime. Nestor, Moyer, and former police officer Jason Hayes were charged with an array of federal crimes regarding their role in covering up the specifics of the Ramirez murder by a group of local white teenagers (see December 15, 2009). Nestor is found not guilty of conspiracy, and Moyer is found not guilty of filing a false report, tampering with evidence, and tampering with a witness. Hayes is acquitted of obstruction of justice. Nestor faces up to 20 years in prison for his conviction, while Moyer faces up to 25 years. Nestor’s lawyers say they will appeal their client’s conviction, but Moyer’s lawyers say they may not. Hayes says he wants to become a police officer again. Nestor and another Shenandoah police officer, former Captain Jamie Gennarini, face unrelated charges of taking part in an extortion racket. Both Nestor and Gennarini face civil charges in the death of Hispanic resident David Vega, who died in the Shenandoah county jail; the civil charges say Nestor and Gennarini killed Vega and altered the circumstances to make his death look like a suicide. [Hazleton Standard Speaker, 1/28/2011] Lisa Navarrete of the National Council of La Raza, a Hispanic civil rights group, says, “I’m disappointed that they weren’t convicted of all the charges.” The verdict “does show that these police officers did interfere in the case.” [New York Times, 1/27/2011] The two teenagers accused of beating Ramirez to death were recently convicted on federal charges (see October 14, 2010).
The progressive magazine Mother Jones reports on Congressional Democrats’ plans to curb the effects of the Supreme Court’s Citizen United decision, which allows unlimited contributions to campaign organizations by corporate and union donors (see January 21, 2010). Last year, Senate Republicans refused to allow a campaign finance reform bill, the DISCLOSE Act, to come to the floor for a vote (see July 26-27, 2010). Now Democratic leaders say they are considering filing challenges to the nonprofit tax statuses of many of the groups that were so influential in the 2010 elections. Representative Chris Van Hollen (D-MD) tells a Mother Jones reporter about the plan. According to Van Hollen, two of the groups they plan to target are Karl Rove’s Crossroads GPS and the American Action Network (AAN—see Mid-October 2010), headed by former Senator Norm Coleman (R-MN). Together, the two groups spent over $43 million supporting conservative candidates and targeting Democrats, accounting for some 23 percent of all outside conservative spending between them. According to Van Hollen, “People are looking at different legal strategies through the courts because there’s emerging evidence that these groups have abused the rules.” Representative David Price (D-NC) agrees. “I think there are ample goals for challenging the way those groups have acted,” he says. Crossroads GPS spokesperson Jonathan Collegio says in return, “Van Hollen is irresponsibly making claims on zero evidence whatsoever and this is extremely irresponsible for an elected official holding high office.” No one from AAN is willing to respond to the Mother Jones reporting. Both Crossroads GPS and AAN, like many other such groups, are organized under the IRS’s 501(c)4 tax status—tax-exempt, not-for-profit groups whose purpose under the IRS code is “primarily to further the common good and general welfare of the people of the community” (see 2000 - 2005). The law allows such groups to engage in political advocacy, such as running ads for or against candidates, but such “electioneering” activities must not be those groups’ “primary activity.” As far as is known, Crossroads GPS and AAN have no other purpose except electioneering. 501(c) groups do not have to register as political action committees (PACs) and are allowed to conduct their business with very little outside scrutiny. However, if the Federal Election Commission or the IRS determine a group has violated the rules, that group would be forced to register as a PAC and disclose the sources of its funding. If the Democrats challenge the status of these groups, they would be following in the footsteps of private organizations. A coalition of public advocacy groups has filed complaints against Crossroads GPS and another 501(c)4 group, American Future Fund (AFF—see October 12, 2010), claiming that their primary functions are, according to the Crossroads GPS complaint, to “influence the 2010 federal elections and to elect Republicans to office.” The complaints are still pending. In September 2010, Senator Max Baucus (D-MT) asked the IRS to examine several 501(c) groups to “ensure that political campaign activity” wasn’t their primary activity (see September 28, 2010). [Mother Jones, 1/28/2011]
Entity Tags: David E. Price, American Crossroads GPS, American Action Network, American Future Fund, DISCLOSE Act of 2010, Max Baucus, Norm Coleman, Jonathan Collegio, Karl C. Rove, Chris Van Hollen, Mother Jones, US Congress
Timeline Tags: Civil Liberties
The media reports that Virginia “Ginni” Thomas, a former Republican campaign operative and the former head of a tea party organization, has become the head of a lobbying and political consulting firm, Liberty Consulting. The firm boasts that Thomas’s “experience and connections” will assist clients with “governmental affairs efforts” and political donation strategies. Critics say Thomas is in the midst of an enormous conflict of interest, because her husband, Clarence Thomas, is a Supreme Court justice. She left the tea party group in November 2009 because of questions that her leadership of the group, Liberty Central, which actively worked to defeat Democrats, was not appropriate for the wife of a sitting Court justice. Thomas has met with almost half of the 99 Republican freshmen in the House and Senate, according to an email she sent out to congressional chiefs of staff last week in which she called herself “a self-appointed ambassador to the freshmen class and an ambassador to the tea party movement.” Ann Pearson of the government watchdog organization Common Cause says that Thomas’s position at a lobbying and consulting firm “show[s] a new level of arrogance of just not caring that the Court is being politicized and how that undermines the historic image of the Supreme Court as being above the political fray.… It raises additional questions about whether Justice Thomas can be unbiased and appear to be unbiased in cases dealing with the repeal of the health care reform law or corporate political spending when his wife is working to elect members of the tea party and also advocating for their policies.” Some Republican lawmakers are uncomfortable with Thomas’s new position, with one senior House Republican aide criticizing Thomas for attempting to “cash in” on her ties to the tea party movement. Republican House freshman David Schweikert (R-AZ), who won his election in part because of support from tea party groups and was endorsed by Liberty Central, says he has not met Thomas and knows nothing of her background. “This is the spouse of Justice Thomas?” he says when asked about the situation by a reporter. “No, I’ve never met her. It’s not something I’ve heard about. And I hang out with a lot of freshman.” So far, only one Republican freshman will publicly admit to scheduling a meeting with Thomas. Thomas used to be an aide to former House Majority Leader Dick Armey (R-TX), who until recently headed the tea party financing organization FreedomWorks (see August 14, 2009). She has also worked as a staffer at the US Chamber of Commerce, a trade organization that contributes heavily to Republican causes (see January 21-22, 2010), and at the conservative Heritage Foundation. In 2009 she founded Liberty Central, which she described as a group that would bridge the gap between the conservative Republican establishment and the anti-government tea party movement. She eventually stepped down after questions were raised about her position’s impact on her husband’s appearance of impartiality, and the group was merged into another tea party organization (see November 2009 - November 2010). She filed incorporation papers for Liberty Consulting within a day of news reports about her departure from Liberty Central. She has told conservative news source Daily Caller that she intends to continue working for the group that bought Liberty Central, the Patrick Henry Center for Individual Liberty, and will “help them in any way I can think of, whether it’s lobbying on the Hill or connecting with the grass roots, or helping speak or write or fundraise.” However, lobbying records show no registration for Thomas, Liberty Consulting, Liberty Central, or the Patrick Henry Center. Liberty Central general counsel Sarah Field refuses to answer questions about whether Thomas is being paid through Liberty Consulting as a consultant. A source familiar with the Thomases and with Capitol Hill Republicans says her sojourn from Liberty Central to Liberty Consulting has damaged her reputation among some conservatives. “Ginni’s reputation around town is now even more of a fake entitled woman who is only here because of her husband,” the source tells a reporter. “Now she has opened her own lobbying shop… not sure how [the] conservative circle will feel when they find that out, or if they’ll care or not.” [Politico, 2/4/2011]
Previous Conflicts of Interest - Virginia Thomas has weathered criticisms of conflict of interest before. In late 2000, as a Heritage Foundation staffer, she was helping select key members for the Bush administration even as her husband was engaged in deliberating the Bush v. Gore Court decision that installed George W. Bush as president (see 9:54 p.m. December 12, 2000). At the time she waved off criticisms, saying that she and her husband conducted “separate professional lives.” [Los Angeles Times, 3/14/2010]
'Cloud of Corruption' Surrounding Justice Thomas? - Legal analyst Ian Millhiser of the liberal news Web site Think Progress is far more blunt in his assessment than some more cautious critics, writing: “Now, Ginni Thomas appears to have found a way to earn money off her husband’s actions as a justice. Clarence Thomas released countless amounts of corporate spending on US elections [by voting with the majority in Citizens United], and Ginni Thomas can get rich advising those corporate clients on how to direct that spending. To be sure, it is possible that Ginni is somehow limiting her advice to ‘political investments’ that were legal before Clarence gave businesses like hers so many new potential customers. But if this is the case, Ginni has an obligation to explain just how she is limiting her advice—it’s the only way to remove the obvious cloud of corruption her actions have created around her husband.” [Think Progress, 2/4/2011]
Entity Tags: Heritage Foundation, David Schweikert, Clarence Thomas, Ann Pearson, Dick Armey, George W. Bush, Sarah E. Field, FreedomWorks, Patrick Henry Center for Individual Liberty, Virginia (“Ginni”) Thomas, Liberty Consulting, Ian Millhiser, Liberty Central, US Chamber of Commerce
Timeline Tags: Civil Liberties
New York Times legal correspondent Adam Liptak observes what he calls a large weakness in the position that the Supreme Court should not have granted First Amendment rights to corporations in its 2010 Citizens United decision (see January 21, 2010). Liptak notes that Justice Anthony Kennedy cited more than 20 precedents affirming his argument that corporations are people under the First Amendment’s free-speech provision, and Justice John Paul Stevens recognized that body of precedents in his dissent. Liptak notes that regardless of the precedent, the provision still can be wrong. But, he notes, the weakness in the argument centers around the status of the news media as an amalgamation of “corporate persons,” writing, “If corporations have no First Amendment rights, what about newspapers and other news organizations, almost all of which are organized as corporations?” There is a general acceptance that “the press is different,” he notes, writing: “The First Amendment, after all, protects ‘the freedom of speech, or of the press.’ Since ‘the press’ is singled out for protection, the argument goes, media corporations enjoy First Amendment rights while other corporations do not.” Liptak calls this a weak argument. There is little evidence to show that the Founders intended “to single out a set of businesses for special protection” under the First Amendment, nor is there a lot of support for the Court’s current stance that the institutional press has rights that other speakers, specifically corporations, do not have. Moreover, he asks, who exactly is the press? Is it a corporate media firm or a person with a Twitter account? In initial arguments in the Citizens United case (see June 29, 2009), government lawyer Malcolm L. Stewart argued that Congress has the power to regulate “corporate speech” about political candidates, even going so far as to prohibit the publication of a book in the weeks before an election, an argument that did not sit well with most of the justices. (Liptak notes that in the second set of arguments, “[t]he government backed away from that position at the second argument, but not very far—see September 9, 2009). Stewart could have gone further in claiming “that media corporations, the institutional press, would have a greater First Amendment right,” as he said in his first argument, though he did not use that as his primary argument. Stevens seemed supportive of that argument in his dissent. Justice Antonin Scalia, in his concurrence, did not, writing: “It is passing strange to interpret the phrase ‘the freedom of speech, or of the press’ to mean, not everyone’s right to speak or publish, but rather everyone’s right to speak or the institutional press’s right to publish. No one thought that is what it meant.” Former Times columnist and Court reporter Anthony Lewis reached a similar conclusion in 2008, writing, “The amendment surely meant to cover both oral and written expression [rather than] a specially protected institution.” In the majority opinion, Kennedy wrote, “There is no precedent supporting laws that attempt to distinguish between corporations which are deemed to be exempt as media corporations and those which are not.” Law professor Eugene Volokh agreed, writing, “If ordinary business corporations lack First Amendment rights, so do those business corporations that we call media corporations.” Law professor Richard Hasen acknowledges that the correct treatment of media corporations in the issue of free speech and campaign finance is “among the most difficult questions for supporters of reasonable campaign finance reform.” Liptak concludes: “There are good arguments both ways about whether corporations ought to be covered by the First Amendment. But it is harder to say that some corporations have First Amendment rights and others do not.” [New York Times, 2/7/2011]
An image from a ‘Team Themis’ proposal given to the US Chamber of Commerce in late 2010. [Source: Docstoc (.com)]The liberal news Web site Think Progress, an affiliate of the Center for American Progress, reports that it has discovered evidence of a potentially illegal scheme to entrap and destabilize political organizations, including Think Progress, that support President Obama and other Democrats. The scheme, in development since November 2010 at least, centers around the US Chamber of Commerce (USCOC), a large trade organization that makes large secret donations to Republican candidates and organizations (see January 21-22, 2010 and October 2010), and a law firm, Hunton and Williams, hired by the USCOC. According to emails secured by Think Progress, Hunton and Williams is working with a set of private security firms—HBGary Federal, Palantir, and Berico Technologies (collectively called “Team Themis”)—to develop tactics to damage progressive groups and labor unions. Some of the organizations and unions targeted include Think Progress, a labor coalition called Change to Win, the Service Employees International Union (SEIU), US Chamber Watch, and StopTheChamber.com. The last two are small organizations dedicated to exposing some of the secretive practices of the USCOC. One project proposed by Team Themis is an entrapment scheme. The proposal called for the creation of a “false document, perhaps highlighting periodical financial information,” to give to a progressive group opposing the USCOC, and then exposing the document as a fraud, thus undermining the credibility of the organization. Another proposal involved using potentially illegal computer-hacking techniques to create what the group calls a “fake insider persona” to “generate communications” with Change to Win and to undermine the credibility of US Chamber Watch. The proposal actually advocates the creation of two such personas, one to be used “as leverage to discredit the other while confirming the identity of the second.” Together, “Team Themis” asked for $200,000 for initial background research and another $2 million for an active disinformation campaign. It is unclear from the emails whether any of the proposals were accepted, and if the disinformation campaign was ever launched. Think Progress was recently provided with the emails by members of “Anonymous,” an online “hacktivist” community responsible for attacking the Web sites of oppressive regimes in Tunisia and Egypt, along with American corporations that have censored the online information repository WikiLeaks. The emails were secured from HBGary Federal after one of that firm’s executives, Aaron Barr, tried to take Anonymous down. Barr claimed to have penetrated the group and intended to sell the data he collected to Bank of America (BoA) and to US federal authorities. In return, Anonymous hackers penetrated Barr’s email account and published some 40,000 company emails. Barr intended to approach Bank of America, Think Progress writes, because WikiLeaks is believed to have sensitive information about the firm that it intends to publish later in the year. BoA hired Hunton and Williams and other law firms to pursue WikiLeaks. BoA’s legal team also targeted Salon columnist Glenn Greenwald, an outspoken supporter of WikiLeaks, saying that it had plans for “actions to sabotage or discredit” him. The USCOC posts a response to Think Progress on its blog dismissing the report as “baseless attacks.” And prominent liberal blogger Marcy Wheeler (see April 18, 2009) says that the Think Progress report will probably “cause the Chamber of Commerce to rethink the spying work with HBGary it apparently has been considering.” [Berico Technologies, 11/3/2010 ; Think Progress, 2/10/2011] Liberal blogger Brad Friedman, who has spent years covering voter suppression tactics by political organizations, will soon learn that he is targeted by Team Themis. An email sent by Barr and provided to Friedman “focused on me included names, personal information, home addresses, etc. of myself, family members, and a number of other members of VR,” Friedman will write. (Velvet Revolution is an “umbrella group” that includes StopTheChamber.) “Part of the plan included highlighting me as a ‘Tier 1’ player in a sophisticated disinformation/discrediting scheme that relied on high-tech tools developed for the US government’s ‘War on Terror.’ Team Themis’ US Chamber of Commerce plan was to deploy the very same techniques and technology used to track terrorists, terror organizations, and nations such as Iran, against private non-profit political advocates and citizens in the US.” The email also lists the names of people whom Barr clearly believes to be Friedman’s wife and two children (Friedman says the names listed are not family members—he is not married and has no children). The email also lists a Maryland address as Friedman’s home—another error, as Friedman lives in another state. Friedman will write that obviously Barr and his researchers found another, unrelated person named Brad Friedman and learned personal details about that person and his family. Prominent officials such as Ilyse Hogue of MoveOn.org and Robert Weissman of Public Citizen are also listed for “targeting.” [Brad Friedman, 2/14/2011]
Entity Tags: Democratic Party, Change to Win, WikiLeaks, Berico Technologies, Barack Obama, Bank of America, Aaron Barr, US Chamber Watch, Think Progress (.org), US Chamber of Commerce, Service Employees International Union, Ilyse Hogue, Marcy Wheeler, Hunton and Williams, Glenn Greenwald, HBGary Federal, StopTheChamber.com, Robert Weissman, Palantir, Brad Friedman
Timeline Tags: Civil Liberties
Lara Logan, in a 2008 photo from Iraq. [Source: CBS News]Lara Logan, CBS’s chief foreign correspondent and a veteran war reporter, is beaten and sexually assaulted by a mob celebrating the resignation of Egyptian President Hosni Mubarek in Cairo. Logan and her colleagues, including a small security force, are surrounded by over 200 people during a celebration in Tahrir Square. Logan is separated from her group and subjected to what CBS calls “a brutal and sustained sexual assault and beating.” She is rescued by a group of women and 20 Egyptian soldiers, and returns to the United States the next day for medical treatment. The network does not release full details of her injuries, and Logan’s family asks that her privacy be respected while she recovers. [Washington Post, 2/15/2011]
Fellow Journalist Accuses Logan of Trying to 'Become a Martyr' - Within days, American commentators and pundits begin blaming Logan for bringing her injuries upon herself. Nir Rosen, a journalist and foreign policy scholar, posts a series of comments on Twitter accusing Logan of trying to upstage CNN’s Anderson Cooper, who days before had been beaten by a crowd of Egyptians while covering the protests in Cairo. Rosen writes: “Lara Logan had to outdo Anderson. Where was her buddy McCrystal?” referencing General Stanley McChrystal (see September 22, 2009), who once led American troops in Afghanistan and whom Logan has defended in her reporting. Rosen then goes on to say that had Cooper also been sexually assaulted, he would have found it amusing: “Yes yes its wrong what happened to her. Of course. I don’t support that. But, it would have been funny if it happened to Anderson too.” Reacting to her defense of McChrystal, he posts, “Jesus Christ, at a moment when she is going to become a martyr and glorified we should at least remember her role as a major war monger,” and finishes his Twitter blast with, “Look, she was probably groped like thousands of other women, which is still wrong, but if it was worse than [sic] I’m sorry.” Rosen quickly issues an apology and deletes some of his posts, calling his comments “a thoughtless joke” and saying that he “added insult to Ms. Logan’s injury.” Within 24 hours, he steps down from his position as a fellow of New York University’s Center on Law and Security. In a statement, the center’s executive director Karen Greenberg says that Rosen “crossed the line with his comments about Lara Logan.” She continues: “I am deeply distressed by what he wrote about Ms. Logan and strongly denounce his comments. They were cruel and insensitive and completely unacceptable. Mr. Rosen tells me that he misunderstood the severity of the attack on her in Cairo. He has apologized, withdrawn his remarks, and submitted his resignation as a fellow, which I have accepted. However, this in no way compensates for the harm his comments have inflicted. We are all horrified by what happened to Ms. Logan, and our thoughts are with her during this difficult time.” Rosen then sends an email claiming that Logan received undue media attention because she is white: “Had Logan been a non-white journalist, this story would have never made it to the news. Ahmed Mahmoud, an Egyptian journalist, was killed in cold blood and nobody ever heard of him. Dozens of other women were harassed.” [National Review, 2/15/2011; The Atlantic, 2/15/2011; Washington Post, 2/16/2011; Huffington Post, 2/16/2011] A columnist for the conservative National Review, Jim Geraghty, calls Rosen’s comments “appalling.” [National Review, 2/15/2011] Rosen will attempt to explain his comments about Logan in an article for Salon (see February 17, 2011).
Right-Wing Columnist: Logan Herself to Blame for Assault at Hands of Muslim 'Animals' - Right-wing pundit and columnist Debbie Schlussel claims that Logan’s assault is typical of how Muslims celebrate anything. She captions her blog post with the tagline, “Islam Fan Lara Logan Gets a Taste of Islam,” and writes: “Hey, sounds like the threats I get from American Muslims on a regular basis. Now you know what it’s like, Lara.” Schlussel goes on to mock Logan’s request for privacy concerning the incident, and seemingly blames Logan for deciding to try to cover the celebration: “So sad, too bad, Lara. No one told her to go there. She knew the risks. And she should have known what Islam is all about. Now she knows. Or so we’d hope. But in the case of the media vis-a-vis Islam, that’s a hope that’s generally unanswered. This never happened to her or any other mainstream media reporter when Mubarak was allowed to treat his country of savages in the only way they can be controlled. Now that’s all gone. How fitting that Lara Logan was ‘liberated’ by Muslims in Liberation Square while she was gushing over the other part of the ‘liberation.’ Hope you’re enjoying the revolution, Lara!” Schlussel updates her blog post with a denial that she supported any “‘sexual assault’ or violence against Lara Logan,” insults her critics’ reading ability, and restates her belief that the assault on Logan is emblematic of Muslims around the world, whom she repeatedly calls “animals.” [Debbie Schlussel, 2/15/2011; Salon, 2/15/2011]
Right-Wing Blogger: Logan's 'Liberal' Beliefs Caused Attack - Right-wing pundit Jim Hoft of the influential blog Gateway Pundit blames Logan’s “liberal belief system” for her attack, and, like Schlussel, blames Logan for the attack. Hoft writes: “Why did this attractive blonde female reporter wander into Tahrir Square last Friday? Why would she think this was a good idea? Did she not see the violence in the square the last three weeks? Did she not see the rock throwing?… Did her colleagues tell her about the Western journalists who were viciously assaulted on the Square? Did she forget about the taunts from the Egyptian thugs the day before? What was she thinking? Was it her political correctness that about got her killed? Did she think things would be different for her?… Lara Logan is lucky she’s not dead.” Like Schlussel, Hoft refuses to retract or apologize for his post, and says “the far left” is at fault for reacting badly “when their tenets are questioned. It must be hard when someone holds a mirror up and you see that your twisted agenda has caused such havoc and pain around the world. These warped individuals must have missed that day of school when they talked about playing with fire.” Hoft calls a report on his commentary by progressive media watchdog organization Media Matters “a dishonest smear job.” [Jim Hoft, 2/16/2011; Media Matters, 2/16/2011] Commenters on Hoft’s blog post take his comments even further. One says Logan must have “the IQ of a tree stump.” Another chortles that she is now an “in-bedded reporter.” Another says, “I only wish it would have happened to [CBS news anchor] Katie Couric.” Another commenter says, “Shame that this is the only cure for a brain dead liberal!” And one commentator, echoing Schlussel, writes, “Hey, if you can’t handle rape, stay out of a Muslim country.” A number of commenters deny that Logan is a victim, because, as one writes, she “knowingly walked into” the situation and therefore is herself to blame, and one says for Logan to expect “a free pass” for being a woman in an Islamic society is cause enough for her to be assaulted. Many commenters question the entire incident, claiming that it is a “liberal fantasy” designed to give conservatives an opportunity to portray conservatives as racist and misogynistic. [Jim Hoft, 2/16/2011] Progressive blogger and pundit Bob Cesca responds to both Hoft and Schlussel: “There aren’t sufficient obscenities to describe Hoft and others his filth. Like Debbie Schlussel, for example.” [Bob Cesca, 2/16/2011]
Entity Tags: Katie Couric, Hosni Mubarak, Jim Geraghty, Jim Hoft, Debbie Schlussel, CBS News, Lara Logan, Bob Cesca, Nir Rosen, Karen Greenberg, Anderson Cooper, Ahmed Mahmoud
Timeline Tags: Domestic Propaganda
Missouri State Senator Jane Cunningham (R-St. Louis ) introduces SB 22 into consideration. The bill would eliminate many state child labor protections, most notably lifting the ban on children under 14 being allowed to work. The bill’s official summary reads in part: “This act modifies the child labor laws. It eliminates the prohibition on employment of children under age 14. Restrictions on the number of hours and restrictions on when a child may work during the day are also removed. It also repeals the requirement that a child ages 14 or 15 obtain a work certificate or work permit in order to be employed. Children under 16 will also be allowed to work in any capacity in a motel, resort, or hotel where sleeping accommodations are furnished. It also removes the authority of the director of the Division of Labor Standards to inspect employers who employ children and to require them to keep certain records for children they employ. It also repeals the presumption that the presence of a child in a workplace is evidence of employment.” While the federal Fair Labor Standards Act would continue to protect child workers in Missouri, Lee’s law, if passed, would let employers hire children under 14, let them work far longer hours, and prohibit state oversight agencies from monitoring employers for possible exploitation or abuse. AFL-CIO blogger Mike Hall calls Lee’s proposal “absolutely insane.” [Mike Hall, 2/14/2011; Think Progress, 2/15/2011]
The government watchdog and campaign finance advocacy group Common Cause asks the Supreme Court to explain why Justice Clarence Thomas did not completely disclose the nature of his participation in a 2008 retreat hosted by Charles and David Koch, the influential oil billionaires and conservative advocates (see 1977-Present, 1979-1980, 1997, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, November 2009, December 6, 2009, April 2010 and After, July 3-4, 2010, June 26-28, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, and October 4, 2011). According to a Court spokesperson, Thomas made a “brief drop-by” at a four-day event in Palm Springs, California, held in January 2008, and gave a talk. But disclosure reports filed by Thomas show that he was reimbursed an undisclosed amount for four days of “transportation, meals, and accommodations” over the weekend of the retreat. The reimbursement came from the Federalist Society, an influential conservative legal group. Today Common Cause sends a letter to the Court asking for “further clarification” as to why the two statements are at odds. Common Cause official Arn Pearson says, “I don’t think the explanation they’ve given is credible.” If Thomas’s visit was a “four-day, all-expenses paid trip in sunny Palm Springs,” Thomas should have reported it as a gift under federal law. The Court, the Federalist Society, and Koch Industries all refuse to comment on the issue. Common Cause has said that because of Thomas’s past appearances at the Koch retreats, and the conservative political work done by his wife Virginia Thomas (see November 2009 - November 2010 and February 4, 2011), he should have recused himself from the 2010 Citizens United decision (see January 21, 2010). Common Cause notes that both Thomas and Justice Antonin Scalia have appeared at Koch-hosted retreats. Both Thomas and Scalia voted as part of the 5-4 majority that decided the case. Political analysts say the Koch brothers have been some of the main beneficiaries of the decision. [New York Times, 2/14/2011]
Leo C. Berman. [Source: Texas Tribune]Texas State Representative Leo C. Berman (R-TX), discussing his proposed bill to require presidential candidates to show their birth certificates to the Texas secretary of state, says the bill centers on “doubts” about whether President Obama was actually born in the US, and therefore is a US citizen. Berman is referring to the ongoing “birther” controversy that has cast doubt on Obama’s citizenship (see (see July 20, 2008, August 15, 2008, October 8-10, 2008, October 16, 2008 and After, November 10, 2008, December 3, 2008, August 1-4, 2009, May 7, 2010, Shortly Before June 28, 2010, Around June 28, 2010, and February 10, 2011). “We don’t think the president was vetted, and it’s just that simple,” Berman tells a reporter. “I read different things that say he was born in Hawaii, and then I read the governor [of Hawaii] can’t find anything that says he was born in Hawaii.” PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, investigates Berman’s claim that Hawaii Governor Neil Abercrombie (D-HI) “can’t find anything that says” Obama was born in his state. A PolitiFact researcher contacts Berman for clarification, and Berman says: “I just listen to the news, I don’t write it down. It’s been on several news stations that he [Abercrombie] said he was going to resolve this once and for all, and when he tried to… he couldn’t find anything.” Berman has expressed his doubts about Obama’s heritage before, telling a Lubbock, Texas, reporter that “the American people don’t know whether he was born in Kenya or some other place.” While Obama’s father was born in Kenya, Obama himself was born in Honolulu, Hawaii. Obama has released a valid copy of his birth certificate (see June 13, 2008), and the certificate has been validated numerous times (see June 27, 2008, July 2008, August 21, 2008, October 30, 2008, and July 28, 2009). However, Berman says the document released by the Obama campaign is the “short form” certificate, and questions why Obama has never released the “long form” certificate. Hawaiian officials have long debunked the idea that there is any significant difference between the two versions (see July 1, 2009). Abercrombie has expressed his anger over the “birther” controversy, and says he intends to seek ways to release more “explicit” documentation about Obama’s birth, presumably the “long form” that by Hawaiian law must remain in state government possession (see December 24, 2010). Berman is apparently referring to an article on the conservative news blog WorldNetDaily (WND), which in January reported that Abercrombie suggested that the “long form” certificate for Obama “may not exist” (see January 18, 2011). Hollyword reporter Mike Evans, who represents himself as a longtime friend of Abercrombie’s, has told a KQRS-FM interviewer in Minnesota that Abercrombie told him he searched “everywhere” at Hawaii hospitals and that “there is no Barack Obama birth certificate in Hawaii. Absolutely no proof at all that he was born in Hawaii.” However, Evans was later quoted on FoxNews.com as saying he misspoke, and confirmed that he never spoke to Abercrombie at all once his “friend” became governor of Hawaii. Hawaii Health Department spokesperson Janice Okubo tells PolitiFact that Berman is incorrect in believing that there is any real difference between the “long form” and “short form” certificates: “When you request a birth certificate, the one you get looks exactly like the one posted on his site. That’s the birth certificate.” PolitiFact finds Berman’s statements entirely false. [St. Petersburg Times, 2/27/2011]
Michael Beard. [Source: MinnPost]Michael Beard, a Republican state representative from Minnesota and an eight-year veteran of the Minnesota House Environment, Energy and Natural Resources Policy and Finance Committee, advocates resuming coal mining in his state. His reasoning: God has created a planet that provides unlimited natural resources. “God is not capricious. He’s given us a creation that is dynamically stable,” he tells a reporter. “We are not going to run out of anything.” Beard is drafting legislation that would overturn Minnesota’s moratorium on coal-fired power plants. He says that God will not allow humans to destroy the planet, no matter what they do. He recalls working on his family farm in Pennsylvania, which he says was mined three times for coal and now produces barley, wheat, and pine trees. “Did we temporarily disrupt the face of the earth? Yes, but when we were done, we put it all back together again.” He continues: “It is the height of hubris to think we could [destroy the earth].… How did Hiroshima and Nagasaki work out?” he asks, referring to the two Japanese cities destroyed by atomic bombs in World War II. “We destroyed that, but here we are, 60 years later and they are tremendously effective and livable cities. Yes, it was pretty horrible. But, can we recover? Of course we can.” Beard’s thesis is at odds with most climate scientists, who say that burning coal results in severe and perhaps irreparable harm to the planet, and contributes to widespread human suffering. According to columnist Dan Shelby, “Most of them are convinced that there is a point at which we will never be able to put it all back together again.” John Abraham, a professor of thermal sciences, writes a response to Beard’s statements noting the flaws in Beard’s reasoning. Beard tells Shelby that he reads a lot about science, and cites a number of conservative blogs as his sources. His primary source is Dr. Patrick Michaels, who has admitted that he receives the bulk of his funding for research from fossil fuel producers. Shelby writes: “It is understandable. Mike Beard is a free-market conservative and pro-business. No one who calls himself those things can afford global warming to be true. There is a political belief that solving global warming will destroy American business. American business deplores government interference. Global warming regulation and legislation requires governments to act.” Both Abraham and Beard have expressed a desire to open a dialogue on the subject. [MinnPost, 2/15/2011; Huffington Post, 2/16/2011]
Carlos F. Lam, during a video conference. [Source: Wisconsin Center for Investigative Journalism]Carlos F. Lam, a Republican deputy prosecutor and party activist from Johnson County, Indiana, sends an email to Wisconsin Governor Scott Walker (R-WI) suggesting that Walker and an aide set up what Lam calls a “‘false flag’ operation” to fake a physical attack on Walker by a union member. Teachers, union members, and thousands of others are protesting Walker’s attempts to strip most collective bargaining rights from public employees. Lam writes that the situation presents “a good opportunity for what’s called a ‘false flag’ operation. If you could employ an associate who pretends to be sympathetic to the unions’ cause to physically attack you (or even use a firearm against you), you could discredit the unions.” Lam continues: “Currently, the media is painting the union protest as a democratic uprising and failing to mention the role of the DNC [Democratic National Committee] and umbrella union organizations in the protest. Employing a false flag operation would assist in undercutting any support that the media may be creating in favor of the unions.” Lam will eventually admit to writing the email and resign his position with Johnson County. [Wisconsin Watch, 3/24/2011; Indianapolis Star, 3/25/2011]
Contents of Lam's Email - Lam’s entire email to Walker reads: “This Hoosier public employee is asking that you stay strong and NOT cave in to union demands! The way that government works has to change, and—by all appearances—that must begin in WI [Wisconsin]. We cannot have public unions hold the taxpayer hostage with their outrageous demands. As an aside, I’ve been involved in GOP politics here in Indiana for 18 years, and I think that the situation in WI presents a good opportunity for what’s called a ‘false flag’ operation. If you could employ an associate who pretends to be the unions’ cause to physically attack you (or even use a firearm against you), you could discredit the public unions. Currently, the media is painting the union protest as a democratic uprising and failing to mention the role of the DNC and umbrella union organizations in the protest. Employing a false flag operation would assist in undercutting any support that the media may be creating in favor of the unions. God bless, Carlos F. Lam.” [Wisconsin Watch, 2/19/2011]
Initial Denials, Claims that Email Account Hacked - Walker’s office denies ever receiving the email, though the email is turned over from the governor’s office. Cullen Werwie, Walker’s press secretary, issues a statement reading: “Certainly we do not support the actions suggested in [the] email. Governor Walker has said time and again that the protesters have every right to have their voice heard, and for the most part the protests have been peaceful. We are hopeful that the tradition will continue.” Lam initially denies sending the email, saying he was shopping with his family when the email was sent, and claims his Hotmail email account has been hacked. Subsequent examination of the email’s headers conclude that the email was sent from Indianapolis. “I am flabbergasted and would never advocate for something like this,” Lam tells reporters, “and would like everyone to be sure that that’s just not me.” Of Walker, Lam says: “I think he’s trying to do what he has to do to get his budget balanced. But jeez, that’s taking it a little bit to the extreme. Jeez!” Lam tells reporters he intends to file a police report later in the week. Walker’s email is released to the press as part of an open-records lawsuit settlement. Madison, Wisconsin police chief Noble Wray says that both he and Madison Mayor Dave Cieslewicz are troubled by the email. “I find it very unsettling and troubling that anyone would consider creating safety risks for our citizens and law enforcement officers,” Wray says. Lam’s boss, Johnson County prosecutor Brad Cooper, defends Lam, saying, “Whether there’s rules of professional conduct that apply or not is irrelevant, because he didn’t send it.” [Wisconsin Watch, 3/24/2011]
Lam Admits to Sending Email, Resigns - After the Wisconsin Center for Investigative Journalism publishes a story about the email, and Lam issues his denials, he calls Cooper and tells him he will resign. According to Cooper, Lam told him he had been up all night thinking about it: “He wanted to come clean, I guess, and said he is the one who sent that email,” says Cooper. Lam comes into the office that morning and delivers his resignation verbally. After reviewing Lam’s email, criminal defense lawyer Erik Guenther says that if Lam was actively involved in devising such a scheme, he could be held accountable for conspiracy to obstruct justice, “but an unsolicited and idiotic suggestion itself probably is not a crime.” Madison criminal defense lawyer Michael Short says that if Lam wrote the email, he should be investigated for a possible breach of the Indiana Rules of Professional Conduct, for “suggesting that officials in the Walker administration commit a felony,” namely, misconduct in public office. Those rules state that “conduct involving dishonesty, fraud, deceit or misrepresentation” amount to professional misconduct. They are the rules to which lawyers are held accountable by the Indiana lawyer discipline system. However, Cooper says he has no intentions of launching any investigation into Lam’s conduct. Cooper issues a brief statement announcing Lam’s resignation over what the statement calls a “foolish suggestion.” [Wisconsin Watch, 3/24/2011; Brad Cooper, 3/24/2011 ; Indianapolis Star, 3/25/2011]
Lam Disparaged Unions in Previous Postings - Lam, who shuts his Facebook and other social media accounts down after the email is revealed to the public, made one Web posting that called Indiana “an unsustainable public worker gravy train bubble.” In another posting, Lam wrote that “unions & companies that feed at the gov’t trough will fight tooth & nail against anything that un-feathers their nests.” His Facebook profile reads that he believes in “guns, gold and gasoline.” [Wisconsin Watch, 3/24/2011]
Entity Tags: Dave Cieslewicz, Democratic National Committee, Cullen Werwie, Michael Short, Brad Cooper, Wisconsin Center for Investigative Journalism, Noble Wray, Erik Guenther, Scott Kevin Walker, Carlos F. Lam
Timeline Tags: Alleged Use of False Flag Attacks, Domestic Propaganda
A lawsuit by two anonymous plaintiffs is filed challenging the foreign-contribution provision of the campaign finance laws, a provision that was not overturned by the Citizens United Supreme Court decision (see January 21, 2010). The lawsuit is on behalf of a Canadian citizen who claims he wants to support President Obama’s 2012 re-election campaign, and a dual Israeli-Canadian citizen who wants to contribute to Obama’s opponent Mitt Romney and to the campaign of Senator Tom Coburn (R-OK). The Israeli-Canadian citizen says they want to help prevent what they call a “government-takeover of the health care system in the United States,” according to the suit. The filing says both plaintiffs are legally authorized to live and work in the United States, but are not permanent residents; one is a young attorney with a moderately successful practice and the other earns a modest salary as a medical resident at a New York hospital. The lawsuit asks that legal residents, as well as citizens and US-registered entities, be allowed to make donations. While the lawsuit appears to be bipartisan in nature, the lawyers representing the anonymous plaintiffs are from a top-flight law firm, Jones Day, which usually represents Republican and wealthy corporate clients. Think Progress’s Ian Millhiser notes that the firm’s clients “include some of the biggest corporate beneficiaries of the Citizens United decision—including Koch Industries and the US Chamber of Commerce.” The lawyers are Warren Postman and Yaakov Roth, both of whom are former Supreme Court clerks and thusly do not come cheap—in 2005, Jones Day charged as much as $370 an hour for services provided by lawyers with similar levels of experience. Millhiser writes: “To be clear, a court decision in favor of Jones Day’s clients would not necessarily allow BP or the Dubai Sovereign Wealth Fund to immediately start buying US elections. The lawsuit only asks the court to allow lawful residents make campaign contributions. Nevertheless, such a decision would be a significant crack in the wall protecting American democracy from foreign money. There are any number of foreign corporations who would love to see that happen.” [Politico, 3/18/2011; Think Progress, 3/18/2011] The court will deny the lawsuit (see August 8, 2011).
The US Supreme Court finds in favor of the vehemently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) in a court case brought by the father of a slain Marine whose funeral was disrupted by a WBC protest (see March 10, 2006 and After and October 2007). A court initially rendered an initial judgment of $5 million against the group for causing “excessive” pain and suffering to the family (see April 3, 2008), but an appeals court overturned that verdict (see March 2010). Snyder appealed to the Supreme Court, arguing that as a private citizen and not a public figure, he had an expectation of privacy that the WBC violated. “The [WBC protesters’] freedom of speech should have ended where it conflicted with Mr. Snyder’s freedom to participate in his son’s funeral, which was intended to be a solemn religious gathering,” Snyder’s lawyers argued before the Court. For their side, WBC lawyers, including church member Margie Phelps, argued that Snyder was indeed something of a public figure because he spoke to reporters after his son’s death and after the funeral, including giving quotes to reporters that excoriated the WBC. Additionally, the WBC denied interfering with or disrupting the funeral, and said that it was “well within the bounds of the law” when it picketed the funeral and used speech that was “hyperbolic, figurative, and hysterical.” The WBC pickets funerals, its lawyers argued, “to use an available public platform when the living contemplate death, to deliver the message that there is a consequence for sin.… It was about publicly-funded funerals of publicly-funded soldiers dying in an extremely public war because of very public policies of sin, including homosexuality, divorce, remarriage, and Roman Catholic priests molesting children.… The fact the speech was hyperbolic, figurative, and hysterical is why it should be protected. [It is] the essence of the kind of robust speech on critical public issues for which the First Amendment was written.” The Court rules 8-1 in favor of the WBC, saying that the group’s First Amendment rights protect it in debating public issues. Only Justice Samuel Alito dissents. The Court also notes that the WBC obeyed directions from local officials, kept a distance from the church where the Snyder funeral was held, and did not directly disrupt the funeral service. Writing for the majority, Chief Justice John Roberts finds: “Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and—as it did here—inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a nation we have chosen a different course—to protect even hurtful speech on public issues to ensure that we do not stifle public debate.” Many critics celebrate the reversal, saying that while the WBC’s actions were reprehensible, the original trial verdict, which found grounds for cause under the tort of intentional infliction of emotional distress, could be used to suppress freedom of expression in a number of other venues. [Topeka Capital-Journal, 10/2/2010; Topeka Capital-Journal, 3/2/2011; Anti-Defamation League, 2012; Southern Poverty Law Center, 2012] Opponents of the WBC say they are relieved that the ruling does not impact laws designed to protect grieving families from the church’s protests at funerals (see January 11, 2011). Kansas Attorney General Derek Schmidt criticizes the Court’s ruling, saying: “Today’s decision is a disappointment for Kansans who have endured for so long the embarrassment brought upon our state by the shameful conduct of the Westboro Baptist Church. Our hearts go out to the Snyder family whose pain and distress were at issue in this case.” [Topeka Capital-Journal, 3/2/2011] Doug Anstaett, executive director of the Kansas Press Association, says the ruling is more positive than negative: “Our highest court has reinforced the belief that our individual rights to free speech and assembly are so critical that we all must be willing to tolerate even that which the majority might find abhorrent.… It doesn’t say that what the Phelps family does or says is right. It simply says that in the United States, it is protected speech. When we start regulating speech, we’re headed down a very slippery slope. The Supreme Court is to be commended for refusing to take that route.” Snyder says the ruling shows that “eight justices don’t have the sense God gave a goat.” [Topeka Capital-Journal, 3/2/2011]
Georgia State Representative Mark Hatfield (R-GA) introduces his so-called “birther” bill, House Bill 401, which would require presidential and vice-presidential candidates to prove their citizenship before being placed on Georgia’s elections ballot. “I think the issue with our sitting president has been left unresolved for a significant length of time that people have concerns,” Hatfield says. “But this is not just about our current president. It’s about enforcing the constitutional provisions for anyone who seeks the office of presidency.” Ninety-three fellow representatives, all Republicans, sign on to Hatfield’s bill as co-sponsors. By the next day, March 3, 20 withdraw their names, and several more withdraw the following day. On March 4, local attorney and Libertarian Loren Collins publishes a scathing op-ed in the Atlanta Journal-Constitution noting that Hatfield’s bill would create requirements for president that do not exist in the US Constitution. Noting that the bill would require candidates to affirm that they have never held dual citizenships in other countries, Collins writes: “There is not and never has been any constitutional rule mandating that the president ‘has never held dual or multiple citizenship.’ This is pure birther fantasy, a nonexistent bit of pseudo law that an attorney such as Hatfield should know better than to promote.” PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, determines that Collins’s claim of the bill’s extraconstitutionality is true. When PolitiFact contacts Collins for comment, the lawyer reminds it that Article II of the Constitution reads: “No Person except a natural born Citizen… shall be eligible to the Office of President.” The language does not and should not exclude candidates who are or were dual citizens, Collins says. Foreign law decided who qualifies for dual citizenship, and foreign law should not decide who is eligible to be US president. Hatfield tells PolitiFact that he does not consider himself a “birther,” but wants proof that Obama is indeed eligible to be president. “We’ve seen a computer-generated summary of a live birth but not the particulars of his birth on a long form,” Hatfield says (see June 13, 2008 and July 1, 2009). “Congress has never created an enforcement mechanism, so it is up to the states to step up and fill the gap.” Hatfield says the Founders thought that presidents should be born in the United States, their parents should be citizens, and dual citizens should be barred to avoid foreign influence. That’s why the Constitution uses the term “natural born citizen” instead of “citizen,” he says. PolitiFact writes, “Under Hatfield’s definition, Obama couldn’t be president.” Neither could Obama’s 2008 challenger, John McCain (R-AZ), who was born to a US military family in the Panama Canal Zone (see March 14 - July 24, 2008). PolitiFact learns from legal experts on US citizenship that Hatfield’s “natural born” concept does not exist in the law. Law professor Peter Spiro says: “If that [the bill] passes in Georgia’s Statehouse, it will be challenged and it will be struck down as unconstitutional. I am 100 percent confident.” Hans von Spakovsky, a senior legal fellow with the conservative Heritage Foundation, says Hatfield’s bill contains a dual-citizenship ban that does not exist in the Constitution. “It’s trying to add an additional requirement to the eligibility for president,” von Spakovsky says. According to PolitiFact, legal scholars agree that the Founders intended to block naturalized citizens, or those who became citizens after their birth, from becoming president. However, Spiro notes, the law has never been tested, the Supreme Court has never ruled on the issue, and no candidate with dual citizenship or who was born outside the country has won the presidency. [Atlanta Journal-Constitution, 3/1/2011; St. Petersburg Times, 3/4/2011] Georgia House Speaker David Ralston (R-GA) says he does not believe the bill will win passage. “I’m not promoting the bill or squelching discussion. We’ll have a discussion, and then we’ll see what happens,” he says. “I believe President Obama is the duly elected president of the United States. I’ve never followed the ‘birther’ school of thought.” [Atlanta Journal-Constitution, 3/2/2011]
Iowa State Senator Kent Sorenson (R-IA) introduces a bill, SB 368, that would require candidates for president or vice president to file a certified copy of their birth certificate along with their affidavit of candidacy in order to be eligible to be included on the Iowa election ballot. Sorenson has long identified himself as a believer in the “birther” conspiracy theory that alleges President Obama is not a US citizen (see July 20, 2008, August 15, 2008, October 8-10, 2008, October 16, 2008 and After, November 10, 2008, December 3, 2008, August 1-4, 2009, May 7, 2010, Shortly Before June 28, 2010, and Around June 28, 2010). The bill reads in part: “A candidate for president or vice president shall attach to and file with the affidavit of candidacy a copy of the candidate’s birth certificate certified by the appropriate official in the candidate’s state of birth. The certified copy shall be made part of the affidavit of candidacy and shall be made available for public inspection in the same manner as the affidavit of candidacy.… A candidate for president or vice president who does not comply with the requirements of this section shall not be eligible for placement on the ballot as a candidate for president or vice president anywhere in the state.” The bill does not clear a deadline for submission, but may be reintroduced in the next session. Sorenson previously introduced a bill that would recognize only silver and gold as legal tender in Iowa. He recently told an Iowa reporter that his constituents elected him to the Iowa Senate to “burn this place down. They want me to do battle. And I understand that.” [WorldNetDaily, 3/6/2011; Mother Jones, 3/25/2011]
Kevin Harpham. [Source: Seattle Times]Federal agents arrest ex-soldier Kevin William Harpham and charge him with planting a “backpack bomb” along the planned route of the Martin Luther King Jr. Day march in downtown Spokane, Washington (see January 17, 2011). Agents say that Harpham has ties to white supremacist groups; sources tell reporters that the FBI used DNA evidence and the purchases of electronic components to identify Harpham. He faces charges of attempted use of a weapon of mass destruction and possession of an unregistered explosive device, and if convicted could face life in prison. He is arrested without incident while driving near his home in rural Stevens County, northwest of Spokane and near the small town of Addy. According to information unearthed by the Southern Poverty Law Center (SPLC), an organization that monitors an array of hate groups and white supremacist organizations, in 2004 Harpham belonged to the neo-Nazi National Alliance (see 1970-1974). Former Aryan Nations leader Paul Mullet says that Harpham talked with him about joining his group in the mid-2000s, and said he had about a dozen conversations with Harpham. However, Mullet says, Harpham never joined the group. Harpham is a current member of the Vanguard News Network (VNN), a racist magazine for the National Alliance, which advocates the establishment of all-white communities. Evidence shows that Harpham has posted forum comments on VNN message boards both under his own name and apparently under the moniker “Joe Snuffy,” where he has asked about legal limits on ammunition possession and asked for help meeting local members of the American National Socialist Workers Party. In January 2011, he offered assistance to American neo-Nazi Craig Cobb, who days before the parade bombing called for his supporters to mount violent attacks (see Around January 8, 2011). SPLC director Mark Potok says, “What to me this arrest suggests is that the Martin Luther King Day attack is what it always looked like: A terror-mass murder attempt directed at black people and their sympathizers.” National Alliance chairman Erich Gliebe says Harpham is not a member of his organization, and says, “We have a zero tolerance policy regarding illegal activity and anyone committing those acts—even hinting or joking—would not be welcome in our organization.” Gliebe accuses the SPLC of trying to “smear” the National Alliance. Federal public defender Roger Peven, appointed to represent Harpham, says: “I know very little at this point. This is just the beginning of a long road.” Evidence against Harpham is scheduled to be presented to a grand jury on March 22, and if the jury indicts Harpham, he will be arraigned and a trial date set. Federal agents are in the process of searching Harpham’s trailer home; neighbors say they heard an explosion at the home, apparently set off by agents who breached Harpham’s front door. Investigators say they are not yet sure if others were involved in the attempted bombing. [Seattle Times, 3/9/2010; Spokane Spokesman-Review, 3/9/2011; TPM Muckraker, 3/10/2011] Investigators are looking into Harpham’s alleged neo-Nazi connections, they say, but as yet have not found evidence that Harpham colluded with any such groups or their members in making the bomb. They are looking at two recent neo-Nazi events held in Couer d’Alene, Idaho, 35 miles west of Spokane, to see if Harpham may have participated in the events or has connections with the participants. Tony Stewart of the Kootenai County Task Force on Human Relations in Coeur d’Alene says that area is a “hotbed” of neo-Nazi and white supremacist activity. FBI officials are calling Harpham’s alleged bombing attempt an act of domestic terrorism. [CNN, 3/9/2011; KLXY, 3/9/2011; TPM Muckraker, 3/10/2011]
Entity Tags: Federal Bureau of Investigation, Erich Josef Gliebe, Aryan Nations, American National Socialist Workers Party, Vanguard News Network, Tony Stewart, Roger Peven, Craig Cobb, National Alliance, Southern Poverty Law Center, Mark Potok, Kevin William Harpham, Paul Mullet
Timeline Tags: US Domestic Terrorism
Rock musician Ted Nugent, an outspoken conservative, calls Attorney General Eric Holder a “racist punk” in a Washington Times column. Holder is African-American. Nugent is writing in response to Holder’s recent request that the city of Dayton, Ohio, lower the passing threshold on the test to become a police officer because not enough black recruits passed the exam. Nugent does not inform his readers that the Justice Department originally sued Dayton over the exams in September 2008, while Bush appointee Michael Mukasey was attorney general, nor that the department settled the lawsuit in February 2009. Instead, Nugent calls the request “yet another ugly, blatant, and defining racist move” for the Obama Justice Department, writing: “Instead of attracting the best and brightest to serve the public, racist Mr. Holder will now ensure that the good residents of Dayton will be protected by dunce cops who score the equivalent of a D or F on the entrance exam.… What Mr. Holder clearly wants by forcing his racist substandards on the good citizens of Dayton is to ensure people he favors get a fair shake at becoming cops by lowering the standards to such a degree that there might as well not be any entrance exams.” Nugent says Holder may invite members of the New Black Panther Party to move to Dayton and become police officers, “where they could then legally intimidate white citizens without fear of reprisal from Mr. Holder’s Department of Injustice. If the citizens complained, he could scold them and call them ‘racial cowards.’” Holder wants to stuff the Dayton Police Department with “functionally illiterate” blacks, Nugent asserts: “the very bottom of the barrel.” He concludes: “Racism lives, and it lives in the Obama crony administration. How sad.” [Dayton Daily News, 2/17/2011; Washington Times, 3/14/2011; Media Matters, 3/15/2011] In 2007, Nugent invited then-Senator Barack Obama, a Democratic presidential candidate, and another senator, Barbara Boxer (D-CA), to “suck on my machine gun,” called Obama a “piece of s_hit,” called Senator Hillary Clinton (D-IL), another Democratic presidential contender, a “worthless b_tch,” and called Senator Dianne Feinstein (D-CA) a “worthless wh_re” (see August 21-24, 2007).
Libertarian Representative Ron Paul (R-TX) reintroduces the American Sovereignty Restoration Act of 2009, which would withdraw the United States from the United Nations. He introduced the same act in 2009, where it died in committee (see February 24, 2009). The bill specifically claims it is designed “[t]o end membership of the United States in the United Nations.” It would repeal the United Nations Participation Act of 1945 and the United Nations Headquarters Agreement Act of 1947, and order the president to “terminate all participation by the United States in the United Nations, and any organ, specialized agency, commission, or other formally affiliated body of the United Nations.” The bill would remove the UN Mission from New York City to somewhere outside US borders. The US would terminate all funding it provides to the UN and terminate any participation in UN peacekeeping operations. It would also withdraw the US from the World Health Organization (WHO) and repeal the United Nations Environment Program Participation Act of 1973. Any treaties, conventions, agreements, and other such interactions between the US and UN would be terminated. [US Fed News Service, 4/4/2011]
Three men are charged with beating two Mexican nationals in San Francisco’s Tenderloin neighborhood in November 2010. The three men, Robert Allen, Anthony Weston, and Justin Meskan, all plead not guilty to assault charges with hate crime enhancements. If convicted, the three face a maximum of 10 years in prison. Allen, Weston, Meskan, and two others attacked two Hispanic men while screaming “White power!” and racial slurs near a Tenderloin bar. The two others involved in the assault remain at large. The five attacked one of the men from behind, knocking him to the ground and beating and kicking him unconscious. The second man tried to intervene, but was himself attacked. Lead prosecutor Victor Hwang says, “We have produced information at the preliminary hearing which links them to groups we believe are white supremacist groups.” District Attorney of San Francisco George Gascon calls the attack “an attack of extreme violence [that] should raise concerns for the entire community.” San Franciso has seen an upswing in hate crimes recently, largely from incidents involving members of white supremacist groups. One of the two victims returned to Mexico after the attack, but the Consulate General of Mexico worked with the district attorney’s office to convince him to return to the US for the duration of the court proceedings. The man’s return to Mexico was due to “concerns about their safety more than concerns about their immigration status,” according to Mexico’s deputy consul general in San Francisco. Gascon says there is “a great likelihood that there are other victims we are not aware of” who have been targeted in a hate crime, and encourages them to come forward regardless of whether they are undocumented. “It’s critically important for people to report these crimes to us,” he says. “Immigration status is not relevant to us in prosecuting these cases.” A source tells a reporter that the charges against Allen, Weston, and Meskan are just “the tip of the iceberg,” and that the FBI and Secret Service are involved with San Francisco police in an investigation which may result in more arrests. [KTVU-TV, 3/17/2011; KGO-TV, 3/17/2011; San Franciso Appeal, 3/17/2011]
“Homeschool Day” in Des Moines, Iowa, sponsored by the Network of Iowa Christian Home Educators, features a number of Republican luminaries such as Governor Terry Bransted (R-IA), Representatives Michele Bachmann (R-MN), Ron Paul (R-TX), and Steve King (R-IA), and former Godfathers Pizza CEO and 2012 presidential candidate Herman Cain. During the festivities, Paul, an outspoken libertarian considered by many the “father” of the tea party movement, claims that the individual states can ignore or override federal laws—a tenet called “nullification.” The idea is centered in a unique interpretation of the Tenth Amendment that, when pursued to the extent that “nullifiers” or “tenthers” take it, essentially overrides the other aspects of the US Constitution in favor of states’ rights. The concept gained national notoriety in 1830, when Vice President John C. Calhoun set off the so-called “Nullification Crisis” that almost led to an armed conflict between South Carolina and the rest of the nation. It came to the fore again in 1956, when segregationists attempted to use the concept to persuade state leaders to ignore the Supreme Court decision, Brown v. Board of Education, that mandated the desegregation of public schools (see March 12, 1956 and After). In recent years, it has gained popularity among some tea party-backed candidates (see October 14, 2010) and tea party pundits. Paul tells the assemblage that “in principle, nullification is proper and moral and constitutional.” He says: “The chances of us getting things changed around soon through the legislative process is not all that good. And that is why I am a strong endorser of the nullification movement, that states like this should just nullify these laws. And in principle, nullification is proper and moral and constitutional, which I believe it is, there is no reason in the world why this country can’t look at the process of, say, not only should we not belong to the United Nations, the United Nations comes down hard on us, telling us what we should do to our families and family values, education and medical care and gun rights and environmentalism. Let’s nullify what the UN tries to tell us to do as well.” Article 6 of the Constitution states that acts of Congress “shall be the supreme law of the land… anything in the Constitution or laws of any State to the contrary notwithstanding.” Founding father James Madison argued that nullification would “speedily put an end to the Union itself” by allowing federal laws to be freely ignored by states. Think Progress legal expert Ian Millhiser notes that nullification is not just unconstitutional, it is “nothing less than a plan to remove the word ‘United’ from the United States of America.” [Constitution (.org), 8/28/1830; Think Progress, 9/27/2010; Homeschooliowa (.org), 3/23/2011; Think Progress, 3/29/2011]
Entity Tags: Terry Bransted, James Madison, Ian Millhiser, Herman Cain, John C. Calhoun, Michele Bachmann, Network of Iowa Christian Home Educators, Steve King, United Nations, Ron Paul
Timeline Tags: Civil Liberties, Domestic Propaganda
Law professor Richard Hasen writes that an Arizona case before the Supreme Court may add to the abilities of wealthy individual and corporate donors to influence elections. In the case of McComish v. Bennett, Arizona’s public campaign financing laws are being challenged. Public financing of campaigns (i.e. using tax dollars for campaigns) is entirely voluntary, but candidates who do opt into the system may not accept outside donations. Privately funded candidates face no such restrictions, but receive no public campaign funding. If a privately funded candidate spends significantly more on the campaign than his/her publicly funded opponent, Arizona’s law has a so-called “trigger” provision that provides matching funds, to a point, to make the spending somewhat more equitable. The case before the Court was brought on behalf of wealthy private donors, and is based on the complaint that the matching funds provision is a violation of their clients’ freedom of speech. Hasen predicts that the Court, with its conservative majority and its ruling in the Citizens United case (see January 21, 2010), will rule in favor of the wealthy plaintiffs and strike down some or all of the Arizona law. Arizona imposes no limits on the spending of outside groups, Hasen argues, and if the matching funds provision is triggered, he asks, “What’s the worst thing that can happen if a wealthy candidate spends gobs of cash running against a candidate who has opted into the public financing system?” He answers, “The publicly financed candidate gets more government dollars to campaign, and the voters hear more speech.” Hasen notes that several conservative legal experts have found that the “free speech” argument is specious. Conservative Ninth Circuit Judge Andrew Kleinfeld wrote against the argument in a previous ruling in the case, observing that in his view “there is no First Amendment right to make one’s opponent speak less, nor is there a First Amendment right to prohibit the government from subsidizing one’s opponent, especially when the same subsidy is available to the challenger if the challenger accepts the same terms as his opponent.” And Charles Fried, the solicitor general during the Reagan administration, filed an amicus brief in the case arguing that it is the wealthy candidates and interest groups who “in reality are seeking to restrict speech.” Hasen believes that the conservative majority will rule in favor of restricting the “speech” of publicly funded candidates in Arizona (and by extension in other states) because, as it ruled in a 2008 case, such financing laws were “an impermissible attempt to level the playing field between wealthy and non-wealthy candidates.” Hasen is blunt in his conclusion, stating, “Five conservative […] justices on the Supreme Court appear to have no problem with the wealthy using their resources to win elections—even if doing so raises the danger of increased corruption of the political system.” [Slate, 3/25/2011] Hasen is correct: the Court will rule 5-4 in the case, which will be renamed Arizona Free Enterprise Club’s Freedom PAC v. Bennett, that the matching funds provision is unconstitutional (see June 27, 2011).
A list of 10 companies that have avoided paying US income taxes is provided by Senator Bernie Sanders (I-VT), who is pushing for legislation that will close the legal tax loopholes that allow large corporations to avoid the bulk of their tax responsibilities. Chicago Sun-Times reporter Lynn Sweet writes, “Some people call the income tax system with generous loopholes for big companies corporate welfare or corporate entitlements.” Sanders’s list, based on returns and Securities and Exchange Commission (SEC) documents filed in 2009 and earlier, includes:
ExxonMobil. The oil giant made $19 billion in profits in 2009, but paid no federal income taxes, and received a $156 million tax rebate.
Bank of America (BoA). The financial corporation made $4.4 billion in profits in 2009, and received nearly $1 trillion in Federal Reserve and Treasury Department “bailout” funds. The bank received a $1.9 billion tax refund.
General Electric. This multinational conglomerate made $26 billion in profits in the US, and over the last five years has received $4.1 billion in tax refunds.
Chevron. The oil giant made $10 billion in profits in 2009, and received a $19 million refund from the IRS.
Boeing. The defense contractor received a $30 billion contract from the US Department of Defense in 2009 to build 179 airborne tankers, and received a $124 million tax refund.
Valero Energy. This energy corporation, the 25th largest company in the US, garnered $68 billion in sales in 2009, and received $157 million in tax refunds. Over the last three years, Valero has received a $134 million tax break from the oil and gas manufacturing tax deduction.
Goldman Sachs. The financial giant paid only 1.1 percent of its income in taxes in 2008, though it recorded $2.3 billion in profits. It also received nearly $800 billion from the Federal Reserve and the Treasury Department.
Citigroup. The financial conglomerate made over $4 billion in profits in 2010, but paid no federal income taxes. It received a $2.5 trillion “bailout” from the Federal Reserve and Treasury.
ConocoPhillips. The oil conglomerate garnered $16 billion in profits from 2007 through 2009, paid no taxes, and received $451 million in tax breaks through the oil and gas manufacturing deduction.
Carnival Cruise Lines. This entertainment giant made over $11 billion in profits between 2006 and 2011, but paid only 1.1 percent of its income in taxes during that period.
In a press release calling for “shared sacrifice,” Sanders writes: “While hard working Americans fill out their income tax returns this tax season, General Electric and other giant profitable corporations are avoiding US taxes altogether.… [T]he wealthiest Americans and most profitable corporations must do their share to help bring down our record-breaking deficit.” Sanders writes that “it is grossly unfair for Congressional Republicans to propose major cuts to Head Start, Pell Grants, the Social Security Administration, nutrition grants for pregnant low-income women, and the Environmental Protection Agency while ignoring the reality that some of the most profitable corporations pay nothing or almost nothing in federal income taxes.” Sanders calls for closing corporate tax loopholes and eliminating the deductions for oil and gas companies. He is also introducing legislation that would impose a 5.4 percent surtax on millionaires that would garner as much as $50 billion a year in tax revenues. Sanders says: “We have a deficit problem. It has to be addressed, but it cannot be addressed on the backs of the sick, the elderly, the poor, young people, the most vulnerable in this country. The wealthiest people and the largest corporations in this country have got to contribute. We’ve got to talk about shared sacrifice.” [Chicago Sun-Times, 3/27/2011]
Entity Tags: Boeing Company, Carnival Cruise Lines, Citigroup, Bernie Sanders, Bank of America, ConocoPhillips, Goldman Sachs, Chevron, Lynn Sweet, Valero Energy Corporation, General Electric, ExxonMobil
Timeline Tags: Global Economic Crises
US Representative Louis Gohmert (R-TX) says on the floor of the House that President Obama is trying to “deplete the military” so he can create his own private army through a provision in the recently passed health care reform legislation. Gohmert, railing against health care reform, says: “It’s a bad bill. And then when you find out that the prior Congress not only passed that 2,800-page bill with all kinds of things in it, including a new president’s commissioned officer corps and non-commissioned officer corps. Do we really need that? I wondered when I read that in the bill. But then when you find out we’re being sent to Libya to use our treasure and American lives there, maybe there’s intention to so deplete the military that we’re going to need that presidential reserve officer commissioned corps and non-commissioned corps that the president can call up on a moment’s notice involuntarily, according to the Obamacare bill.” Gohmert is referring to debunked claims made in a recent spate of chain emails that Obama can create a “private army” under the new health care legislation (see April 7, 2010). The legislation did create the “Ready Reserve Corps,” an arm of the US Public Health Service Commissioned Corps, but its purpose is to help the government more effectively respond to emergencies and natural disasters. [Political Correction, 3/31/2011] Gohmert has expressed a number of strong views regarding health care reform in the past (see July 16, 2009 and July 24, 2009).
Smoke billows from the burning UN mission in Mazar-i-Sharif, as protesters take to the streets. [Source: Agence France-Presse / Getty]Eleven people, including seven United Nations officials, are slain in Afghanistan following a protest in the northern city of Mazar-i-Sharif. (Some press reports say 12 are killed.) The protest was spurred by the recent burning of a Koran by Florida pastor Terry Jones (see March 20, 2011) and a speech by Afghan President Hamid Karzai condemning the burning (see March 31, 2011 and After). The attack is the worst incident on record against the UN since the conflict began in 2001. The protest begins peacefully, but turns violent after Mullah Mohammed Shah Adeli tells the crowd of some 20,000 that multiple Korans had been burned, and they must protest in a call for Jones to be arrested. Otherwise, says Adeli, Afghanistan should cut off relations with the US. “Burning the Koran is an insult to Islam, and those who committed it should be punished,” he says. The infuriated crowd marches on the nearby UN compound, ignoring guards who at first fire their AK-47s into the air and then into the crowd. Four or five crowd members are killed before the guards are overwhelmed (press reports differ on the number of protesters slain). Crowd members take the guards’ weapons and turn them on people in the UN compound. Four UN guards from Nepal and three foreign workers from Norway, Romania, and Sweden are killed, along with four non-UN victims. One Afghan is arrested for leading the attack. General Abdul Rauf Taj, the deputy police commander for Balkh Province, says, “Police tried to stop them, but protesters began stoning the building, and finally the situation got out of control.” Kieran Dwyer of the UN Assistance Mission in Afghanistan says, “Some of our colleagues were just hunted down” by angry protesters, who also burn and vandalize the building. [ABC News, 4/1/2011; New York Times, 4/1/2011; Daily Mail, 4/2/2011]
Early Reports of Two Beheadings - Early press reports indicate that two of the seven slain UN personnel are beheaded, but Afghan authorities later deny these reports. [New York Times, 4/1/2011; Daily Mail, 4/2/2011] An early report from the Christian Science Monitor says that 20 UN staffers have been killed. Later press reports do not include this number. [Christian Science Monitor, 4/1/2011]
Pastor Blames Muslims for Deaths - An unrepentant Jones calls on the US government and the international community to respond, saying in a statement: “We… find this a very tragic and criminal action. The United States government and the United Nations itself, must take immediate action. We must hold these countries and people accountable for what they have done as well as for any excuses they may use to promote their terrorist activities. Islam is not a religion of peace. It is time that we call these people to accountability.… They must alter the laws that govern their countries to allow for individual freedoms and rights, such as the right to worship, free speech, and to move freely without fear of being attacked or killed.” Pegeen Hanrahan, the former mayor of Gainesville, Florida, where Jones lives and works, says that most in the Gainesville community do not support Jones. “He’s a really fringy character,” Hanrahan says. “For every one person in Gainesville who thinks this is a good idea there are a thousand who just think it’s ridiculous.” Jacki Levine of the Gainesville Sun newspaper says of Jones: “He’s a person who has a congregation that’s exceedingly small, maybe 30 or 40 people—50 on a good day. He is not at all reflective of community he finds himself in.”
Condemnations, Warnings that Further Attacks May Take Place - President Obama condemns the attack, saying: “The brave men and women of the United Nations, including the Afghan staff, undertake their work in support of the Afghan people. Their work is essential to building a stronger Afghanistan for the benefit of all its citizens. We stress the importance of calm and urge all parties to reject violence and resolve differences through dialogue.” Obama was sharply critical of Jones’s announced plans to burn a Koran (see September 10, 2010). UN Secretary General Ban Ki-moon echoes Obama’s sentiments, saying, “This was an outrageous and cowardly attack against UN staff, which cannot be justified under any circumstances and I condemn it in the strongest possible terms.” Ulema Council member Mullah Kashaf says of Jones: “We expressed our deep concerns about this act, and we were expecting the violence that we are witnessing now. Unless they try him and give him the highest possible punishment, we will witness violence and protests not only in Afghanistan but in the entire world.” [ABC News, 4/1/2011; New York Times, 4/1/2011; Daily Mail, 4/2/2011] Although Jones and his fellow church members deny any responsibility for the attacks, others disagree. One woman who lives near Jones’s church shakes her head in regret after being told of the Koran-burning, and says, in reference to Jones and the attack, “All because of him.” Gainseville Mayor Craig Lowe says: “Terry Jones and his followers were well aware their actions could trigger these kinds of events. It’s important that the world and nation know that this particular individual and these actions are not representative of our community.” Jones’s son Luke, a youth pastor at the church, says: “We absolutely do not feel responsible for it. You’re trying to avoid the real problem and blame someone.” The “real problem” is Islamic extremism, Luke Jones says, a stance he says is proven by the day’s attack. “The world can see how violent this religion—parts of this religion—can be.” [Gainesville Sun, 4/1/2011]
Entity Tags: Mohammed Shah Adeli, Christian Science Monitor, Craig Lowe, Hamid Karzai, Jacki Levine, Barack Obama, Luke Jones, Kieran Dwyer, Abdul Rauf Taj, Mullah Kashaf, Ban Ki-Moon, Pegeen Hanrahan, United Nations, Terry Jones (pastor)
Timeline Tags: War in Afghanistan
Afghan protests against an American pastor’s recent burning of the Koran (see March 20, 2011) continue. Four days earlier, 15 people, including seven members of a United Nations mission, were killed in a violent protest against the Koran-burning (see April 1, 2011). Today, about 1,000 protesters gather in front of Kabul University, and other protests take place throughout Afghanistan. The Kabul demonstration is peaceful, local police say. Earlier protests have claimed lives, including but not limited to the UN murders. Two days ago, three people were killed in Kandahar when police fought with stone-throwing protesters. The day before that, nine people were killed in another Kandahar protest. Afghan President Hamid Karzai says of the Koran-burning and the violent protests in response: “The desecration of any holy text… is an act of extreme intolerance and bigotry. However, to attack and kill innocent people in response is outrageous, and an affront to human decency and dignity.” [CNN, 4/5/2011] Less violent protests also take place in Pakistan. [Daily Mail, 4/2/2011]
Donald Trump, the billionaire entrepeneur and television show host who, it is rumored, may run for the Republican nomination for president in 2012, announces that he intends to meet with tea party organizers and an Arizona legislator to discuss an Arizona bill that would require candidates for president to prove that they are natural born citizens (see April 13-15, 2011). Trump has repeatedly expressed his doubts that President Obama is a US citizen (see February 10, 2011, March 17, 2011, March 23, 2011, March 23, 2011, March 28, 2011, March 28-29, 2011, March 30, 2011, April 1, 2011, April 1, 2011, April 1-8, 2011, April 7, 2011, April 7, 2011, and April 7-10, 2011). Trump intends to meet with Arizona Representative Carl Seel (R-AZ), who sponsored the bill. Seel says, “I’m honored to get the ability to meet with him and discuss it, and I want to thank him for being such a supporter of this issue.” Also at the meeting will be Kelly Townsend, who co-founded the Greater Phoenix Tea Party. Townsend says of Seel’s proposal: “It’s not a birther bill. It’s not about Mr. Obama. It’s about preventing any questions from coming up in the future, putting something in place so no one could question it.” However, Seel’s office issues a press release stating that Trump “has brought the issue of President Barack Obama failing to provide a birth certificate front and center recently.” [New York Times, 4/7/2011]
Dr. Chiyome Fukino, the former director of Hawaii’s Department of Health who has personally reviewed President Obama’s original birth certificate and pronounced it valid (see October 30, 2008 and July 28, 2009), calls the “birther” controversy “ludicrous.” She again pronounces the certificate valid, and denounces “conspiracy theorists” in the so-called “birther” movement for continuing to spread bogus claims about the issue (see July 20, 2008, August 15, 2008, October 8-10, 2008, October 16, 2008 and After, November 10, 2008, December 3, 2008, August 1-4, 2009, May 7, 2010, Shortly Before June 28, 2010, Around June 28, 2010, March 23, 2011, March 24, 2011, March 27-28, 2011, March 28, 2011, and April 5, 2011). “It’s kind of ludicrous at this point,” she tells an NBC interviewer. Fukino speaks in response to recent attempts by billionaire television host Donald Trump to revive the controversy surrounding Obama’s birth certificate and citizenship (see February 10, 2011, March 17, 2011, March 23, 2011, March 23, 2011, March 28, 2011, March 28-29, 2011, March 30, 2011, April 1, 2011, April 1, 2011, April 1-8, 2011, April 7, 2011, April 7, 2011, April 7-10, 2011, April 7, 2011, April 7, 2011, April 10, 2011, and April 21, 2011). Trump has made statements on NBC and CNN saying that “nobody has any information” about Obama’s birth and “if he wasn’t born in this country, he shouldn’t be president of the United States.” Fukino says no matter who releases what, the “birthers” will continue to question Obama’s citizenship. “They’re going to question the ink on which it was written or say it was fabricated. The whole thing is silly.” Fukino again explains the difference between the “long form” birth certificate, the Hawaiian “record of live birth” kept in state government vaults according to state law, and the “short form” certificate which is issued per an individual’s or family request (see July 1, 2009). She has twice inspected the “long form” certificate and found it true and valid, once at the request of former Governor Linda Lingle (R-HI), who in October 2008 asked Fukino if she could make a public statement in response to claims then circulating on the Internet that Obama was actually born in Kenya (see October 30, 2008). Fukino insisted on inspecting the form herself, in the company of the Hawaiian official in charge of state records, found the form valid, and stated such. “It is real, and no amount of saying it is not, is going to change that,” Fukino says. She notes that her then-boss, Lingle, was a supporter of Obama’s challenger, John McCain (R-AZ), and would presumably have to be in on any cover up since Fukino made her public comment at the governor’s office’s request. “Why would a Republican governor—who was stumping for the other guy—hold out on a big secret?” she asks. She notes again that the “short form” “certification of live birth” that was obtained by the Obama campaign in 2007 and has since been publicly released (see June 13, 2008) is the standard document that anybody requesting their birth certificate from the state of Hawaii would receive from the Health Department. The “short form” was given to the Obama campaign at Obama’s request. “What he got, everybody got,” Fukino says. “He put out exactly what everybody gets when they ask for a birth certificate.” Other records, such as vital records in the Health Department’s Office of Health Status Monitoring, show that “Obama II, Barack Hussein” was born on August 4, 1961 in Honolulu, further verifying Obama’s citizenship status. And two Honolulu newspapers announced the birth of a baby boy to Obama’s parents on that date (see July 2008). But Trump and others continue to insist that only the original “long form” record will prove Obama’s birth status. Joshua Wisch, a spokesman for the Hawaii attorney general’s office, says that Hawaiian state law precludes the release of “vital records” such as the “long form” birth certificate to anyone, even to the individual whose birth it records. “It’s a Department of Health record and it can’t be released to anybody,” he says, nor can it be photocopied. Obama could visit the Health Department and inspect it, but could not take it or make copies. Obama requested and received the same “short form” birth certificate anyone would get upon making such a request, Wisch says. [MSNBC, 4/11/2011]
Montana Governor Brian Schweitzer uses a branding iron to ‘veto’ a number of tea party-sponsored bills passed by the Montana legislature. [Source: Montana Cowgirl (.com)]Montana Governor Brian Schweitzer (D-MT) vetoes seven Republican-passed bills, most sponsored by tea party-affiliated legislators. Schweitzer goes farther than merely signing his veto statements with a pen. He also indulges in what the local press calls “one of the most spectacular pieces of political theater in” his six-year history as governor, using a red-hot “VETO” branding iron on wooden plaques engraved with the bill’s Senate or House number. “These bills are either frivolous, unconstitutional, or in direct contradiction to the expressed will of the people of Montana,” he tells a cheering crowd and a throng of reporters and television cameras. Standing somewhat outside the crowd are a small number of the Republican legislators who ushered the bills through Montana’s legislature. Some of the bills, if signed, would have eliminated same-day voter registration, allowed open-pit gold and silver mining using the environmentally hostile “cyanide leach” process, given local sheriffs authority over the federal government in terror investigations, rewritten the definition of renewable resources, downgraded energy efficiency and code adoption requirements in building codes, gutted human-sexuality courses in Montana public schools, cut legal damages that can be sought in motor vehicle accidents, stopped the creation of a health insurance exchange, scaled back consumer protection laws, and repealed a citizen-passed medical marijuana law. Schweitzer promises to veto more bills soon, saying, “When I swore to uphold the Constitution I meant it.” [Great Falls Tribune, 4/13/2011; KTVQ-TV, 4/13/2011; Montana Cowgirl, 4/13/2011]
Arizona House Bill 2177, a bill requiring presidential candidates to prove they are natural-born citizens before being listed on Arizona state ballots, passes the Arizona State Senate, on a 20-8 party-line vote. The bill then passes the House on another party-line vote, 40-16. House Republican Carl Seel (R-AZ), who co-sponsored the bill, says the intent of the legislation is to “maintain the integrity of the Constitution.” A candidate wishing to run for president in Arizona would, under the legislation, have to submit a “long form birth certificate” that includes at least their date and place of birth, the names of the hospital and doctor, and, if applicable, signatures of any witnesses in attendance. Candidates who do not have such a document could submit other documents in its stead. The original bill required the long-form certificate to be presented, but after some tension between Republican state lawmakers, the long-form certificate was made optional, and other documents were inserted as certifying natural birth—including for Jewish citizens a circumcision certificate, a document given to Jewish parents after their male child is ceremonially circumsized. Such certificates are religious and not legal documents, but the bill would allow such a document to be used to prove citizenship. Other “acceptable” documents include hospital birth records, a postpartum medical record, or an early census record. Critics of the bill say it is driven by the “birther” controversy over whether President Obama is actually a US citizen (see June 27, 2008, July 20, 2008, and August 21, 2008). Billionaire Donald Trump, who says he may run for president as a Republican in 2012, has made frequent calls for Obama to reveal his birth certificate. Obama’s birth certificate has long been made publically available (see June 13, 2008), but “birthers” have consistently refused to accept its validity. State Senator Kyrsten Sinema (D-AZ) voted against the bill and says it would have no standing in federal or state law even if signed into law by Governor Jan Brewer (R-AZ). “This is designed specifically to challenge [Obama’s] ability to run for re-election,” she says. “Frankly, I think they’d be better served by just surfacing a good candidate to run against him.” Critics note that such requirements as stated in the bill already exist under federal law, and Obama, as every presidential candidate has before him, submitted such documents during his filing to run for the White House. [Salon, 4/15/2008; State of Arizona House of Representatives, 2011; KTVK-TV, 4/13/2011; Phoenix New Times, 4/13/2011; Phoenix Business Journal, 4/13/2011] Many credit Trump with energizing the Republican legislators’ push to pass the bill. Trump recently met with Seel concerning the bill and his considered run for the presidency (see April 7, 2011). [Phoenix Business Journal, 4/13/2011] The Senate version of the bill included wording that some lawmakers said defined natural-born citizens as children whose parents were citizens at the time of the candidate’s birth, which would possibly conflict with constitutional statute. That wording was eliminated from the House version. [Arizona Republic, 3/23/2011] When the bill reaches Brewer’s desk four days later, she vetoes it (see April 19, 2011).
Mohammed Fazazi, the imam to some of the 9/11 hijackers in Hamburg, Germany, is freed in Morocco as part of a larger pardon of prisoners. Fazazi was the imam at the Al-Quds mosque in Hamburg, Germany, in the 1990s up until not long before the 9/11 attacks (see 1993-Late 2001). Most of the al-Qaeda cell in Hamburg, including 9/11 hijackers like Mohamed Atta and Marwan Alshehhi, frequently attended that mosque. Later, Fazazi was convicted in Morocco for a role in the 2003 Casablanca bombings and sentenced to 30 years in prison (see May 16, 2003). In April 2011, Morocco’s King Mohammed VI pardons or reduces the sentences of 190 prisoners, most of them allegedly linked to Islamist militancy. The move is believed to be in response to increased pressure for political reform and openness. After his release, Fazazi says he used to preach jihad, but he no longer supports violent attacks. He claims he never knew any of the 9/11 hijackers or their plans, and he denies having any connection to the Casablanca bombings. [New York Times, 4/27/2011]
Bruce Caswell. [Source: Hillsdale County GOP]Michigan State Senator Bruce Caswell (R-Hillsdale) suggests legislation that would force foster children to use their state-funded clothing allowance only in thrift stores. Caswell says that foster children should get “gift cards” to be used only at Salvation Army, Goodwill, or other thrift stores. He explains: “I never had anything new. I got all the hand-me-downs. And my dad, he did a lot of shopping at the Salvation Army, and his comment was—and quite frankly it’s true—once you’re out of the store and you walk down the street, nobody knows where you bought your clothes.” Gilda Jacobs of the Michigan League for Human Services says, “Honestly, I was flabbergasted” to hear of Caswell’s proposal. “I really couldn’t believe this. Because I think, gosh, is this where we’ve gone in this state? I think that there’s the whole issue of dignity. You’re saying to somebody, you don’t deserve to go in and buy a new pair of gym shoes. You know, for a lot of foster kids, they already have so much stacked against them.” Caswell initially admits his proposal would not save Michigan any money, but later says that the proposal would save money. He insists he has no interest in stigmatizing foster children. [Hillsdale County GOP, 2011; Michigan Radio 91.7 FM, 4/15/2011; Michigan Messenger, 4/22/2011] Jessica Pieklo of the humanitarian organization Care2 writes that the proposal is another example of what she calls “the single-focused attack on the poor and politically powerless” being carried out by Michigan’s Republican leadership. “Reasonable checks and transparency in the administration of public benefits is one thing, but Caswell’s proposal is hardly that. It is a pronouncement on the value of these kids, poor and almost homeless usually through no fault their own.” [Care2 (.org), 4/24/2011] In a post on Twitter, MSNBC talk show host Rachel Maddow says: “This is cartoon evil, right? This can’t be real. This cannot be a real thing. Gotta be performance art.” [Talksy, 4/24/2011]
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