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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]
A Louisiana State Representative proposes a bill, House Bill 561, that would require future presidential candidates to prove their US citizenship by providing “an original or certified copy” of their birth certificate in order to qualify for the Louisiana ballot. The bill is quickly labeled a “birther bill” because of its apparent ties to the popular theory that President Obama is not a US citizen. The bill is introduced by Alan Seabaugh (R-Shreveport) and co-sponsored by Senator A. G. Crowe (R-Slidell). The bill would require candidates who want to appear on presidential primary or general election ballots to include an affidavit attesting to their citizenship that would be accompanied by a birth certificate “that includes the date and place of birth, the names of the hospital and the attending physician, and signatures of the witnesses in attendance.” The requirement also would apply to candidates for US Senate or the House of Representatives. Governor Bobby Jindal (R-LA) says if the bill reaches his desk, he will sign it into law. Press secretary Kyle Plotkin says, “It’s not part of our package, but if the Legislature passes it we’ll sign it.” Seabaugh confirms that his bill is motivated by the numerous lawsuits that have been filed over Obama’s citizenship (see March 14 - July 24, 2008, August 21-24, 2008, October 9-28, 2008, October 17-22, 2008, October 21, 2008, October 31 - November 3, 2008, October 24, 2008, October 31, 2008 and After, November 12, 2008 and After, November 13, 2008, Around November 26, 2008, March 5, 2009, March 13, 2009, August 1-4, 2009, September 16-21, 2009, October 29, 2009, October 13-16, 2009, April 16, 2010, and June 28, 2010). “Not one of them has ever been decided on the merits,” Seabaugh says. “As an attorney, that’s offensive to me.” Seabaugh says he is not a “birther,” and says he does not doubt Obama’s citizenship. “This is from the standpoint of cleaning up an area of the law where there appears to be a gap,” he says. Plotkin says that Jindal, too, believes Obama is a legitimate US citizen. Jindal himself says: “I absolutely believe he’s a citizen. Let’s be clear, my disagreements with this president are not about his citizenship or where he was born.” [New Orleans Times-Picayune, 4/11/2011; New Orleans Times-Picayune, 4/15/2011; The State Column, 4/20/2011] The bill will later be withdrawn by its sponsors for lack of support. [New Orleans Times-Picayune, 6/14/2011]
Governor Jan Brewer (R-AZ) vetoes a controversial “birther bill” that would require presidential candidates to submit proof of citizenship to the Arizona secretary of state. The bill passed both houses of the Arizona legislature on party-line votes (see April 13-15, 2011). Brewer also vetoes another Republican-backed bill that would have allowed citizens to bring guns onto college campuses. The “birther” bill would have required such documents as the so-called “long form” birth certificate (see July 1, 2009) and/or other acceptable forms of proof of US citizenship, including for Jewish candidates a proof of circumcision. “I never imagined being presented with a bill that could require candidates for president of the greatest and most powerful nation on earth to submit their ‘early baptism or circumcision certificates,’” Brewer says. “This is a bridge too far. This measure creates significant new problems while failing to do anything constructive for Arizona.” Brewer, a former Arizona secretary of state, says she does not support designating one person as “gatekeeper to the ballot for a candidate,” as it “could lead to arbitrary or politically motivated decisions.” Many believe the “birther” bill is an attempt to join in the “birther” controversy that has called into question President Obama’s citizenship. Billionaire television host and entrepeneur Donald Trump (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) recently met with the bill’s House sponsor, Representative Carl Seel (R-AZ), and area tea party organizers to discuss the bill and other political items of interest (see April 7, 2011). Many believe that Trump’s interest in the “birther” controversy helped usher the bill through the Arizona legislature. Arizona Senator Steve Gallardo (D-AZ) says Brewer vetoed the bills because they damaged Arizona’s image. “All they do is put us in the national spotlight and make us look silly,” Gallardo says. “She’s saying she doesn’t want that to happen any longer.… At the end of the day, it was the right thing for Arizona.” However, State Senator Steve Smith (R-AZ) says the bill would have settled questions about Obama’s citizenship. [KSAZ-TV, 4/18/2011; Arizona Republic, 4/18/2011; Reuters, 4/19/2011] Bills similar to the “birther” legislation have been defeated in Arkansas, Connecticut, Maine, and Montana. [KSAZ-TV, 4/18/2011] It is possible that the Arizona House can override Brewer’s veto, but observers, including House Speaker Kirk Adams (R-AZ) believe that will not happen. Seel says such an attempt would appear to be an attempt to override Brewer’s judgment. “Overrides are a real difficult monster,” he says. [Arizona Republic, 4/18/2011]
Louisiana State Representative John LaBruzzo (R-Metarie) files legislation that would ban all abortions in Louisiana and subject doctors who perform them to charges of feticide. LaBruzzo’s House Bill 587 is specifically designed to be challenged in court, and to end up challenging the 1973 Roe v. Wade Supreme Court decision (see January 22, 1973). The bill would also charge women who have abortions with feticide, but LaBruzzo says that language was “inadvertently” placed in the bill and will be removed before it is heard: “That will be amended out before it is heard in committee. That is a mis-draft; that is not acceptable to me. That would make it too difficult to pass, otherwise.” The bill will be considered in the House Committee on Health and Welfare. LaBruzzo says he filed the legislation after being approached by a conservative religious group that he refuses to name. According to the bill, “The unborn child is a human being from the time of that human being’s beginning… to natural death.” The bill classifies any unborn child as a “legal person” entitled to the “right to life.” LaBruzzo says the bill “would be in direct conflict” with federal court rulings “and [would] immediately go to court. That is the goal of the individuals who asked me to put this bill in.” LaBruzzo says the individual states, not the federal government, should decide how they regulate or prohibit abortions. Louisiana currently sets out penalties ranging from up to five years to up to 15 years for feticide, depending on the intention of the person committing the crime. Planned Parenthood spokesperson Julie Mickelberry says: “This bill is purely political. It will have no impact on the abortion rate. Abortion bans don’t work. It is time for elected officials to stop playing politics; we don’t need laws that threaten women’s health.” If state officials want to lower abortion rates, she says, public officials such as LaBruzzo can work to finance birth control and educational programs on pregnancy prevention. [New Orleans Times-Picayune, 4/20/2011; RH Reality Check, 4/20/2011; RH Reality Check, 4/21/2011] In 2008, LaBruzzo publicly considered a bill that would offer $1,000 to poor women if they had themselves sterilized (see September 23, 2008). In 2009, he attempted to introduce legislation that would mandate drug testing for all welfare applicants (see March 30, 2009).
George Stephanopoulos interviews Michele Bachmann on ABC. [Source: Washington Times]US Representative Michele Bachmann (R-MN) tells ABC morning talk show host George Stephanopoulos that she is “mov[ing] on” from the so-called “birther” controversy surrounding President Obama’s supposed lack of US citizenship. In an interview, Stephanopoulos asks Bachmann about comments she made the night before on Fox News advising Obama to publicly display his birth certificate to settle the matter. Stephanopolous notes that Kent Sorenson (R-IA), an Iowa state senator who is expected to serve as Bachmann’s political director for her 2012 presidential bid, has introduced legislation in the Iowa Senate that could force candidates to file “a copy of the candidate’s birth certificate certified by the appropriate official in the candidate’s state of birth” (see March 6, 2011). Bachmann tells Stephanopoulos that only county clerks can assert a valid proof of birth, and acknowledges that Arizona Governor Jan Brewer (R-AZ) vetoed a similar bill in her state (see April 19, 2011). Stephanopoulos then shows Bachmann a copy of Obama’s birth certificate (see June 13, 2008), which the Obama presidential campaign released in 2008, and informs her that Hawaiian state officials have validated the certificate as legal and binding (see October 30, 2008 and July 28, 2009). “I have the president’s certificate right here,” he tells Bachmann. “It’s certified, it’s got a certification number. It’s got the registrar of the state signed. It’s got a seal on it. And it says ‘this copy serves as prima facie evidence of the fact of birth in any court proceeding.’” Bachmann responds, “Well, then that should settle it.” Stephanopoulos asks, “So it’s over?” Bachmann replies: “That’s what should settle it. I take the president at his word and I think—again I would have no problem and apparently the president wouldn’t either. Introduce that, we’re done. Move on.” Stephanopoulos presses the issue, saying: “Well, this has been introduced. So this story is over?” Bachmann replies: “Well, as long as someone introduces it I guess it’s over.… That is not the main issue facing the United States right now.” [Politico, 4/20/2011; ABC News, 4/20/2011] Bachmann has launched a number of attacks on Obama in the past, challenging his patriotism (see October 17-22, 2008), asserting that he and his administration are “socialists” (see March 5, 2009, August 18, 2009, and November 5, 2009), warning that he plans to build “re-education camps” to indoctrinate America’s children (see March 31, 2009), saying that he and his fellow Democrats plan to force public schools to host “sex clinics” (see September 30, 2009), and attempting to block a resolution commemorating Hawaii’s statehood because of her apparent concern that the resolution would validate Obama’s birth in that state (see July 27, 2009).
The press learns that the Obama administration is considering having President Obama (see January 27-29, 2010) issue an executive order that would force federal contractors to disclose donations over $5,000 to political organizations. Such firms seeking government contracts would be required to disclose contributions to groups that air political ads either attacking or supporting candidates. Both Republicans and Democrats say that if issued, the order would have an immediate effect. Groups such as the US Chamber of Commerce (USCOC), a large Republican donor that has made large undisclosed donations to Republican-supporting candidates and organizations (see January 21-22, 2010 and October 2010), attacks the White House over the considered executive order, saying it proves Obama is using his executive power to punish political adversaries and reward supporters. USCOC spokesperson Blair Latoff calls the proposed order “an affront to the separation of powers [and] to free speech” (see January 21, 2010) that would create a litmus test for companies wanting to work with the federal government. The order, Latoff adds, could mean “prospective contractors that fund political causes unpopular with the government or the current administration may find that they don’t get a contract award due to political discrimination.” Republican senators will raise the same concerns in a letter sent to the White House the next day. Lawyer Jan Baran, who has worked for both the USCOC and Republican interests, acknowledges that the order could curtail fundraising attempts for the 2012 elections. White House officials and Congressional Democrats say the order would prevent the 2012 elections from being taken over by wealthy anonymous donors on both sides of the political aisle. Fred Wertheimer of Democracy 21, a nonprofit group that favors stricter campaign finance rules, says, “The fact that Congressional Republicans may oppose disclosure does not mean that efforts to obtain it are, by definition, partisan.” [United Press International, 4/20/2011; Los Angeles Times, 4/21/2011; New York Times, 4/27/2011] A week later, Bruce Josten, the top lobbyist for the USCOC, will assail Obama and the White House over the proposed executive order, telling a reporter that the organization “is not going to tolerate” what it considers a “backdoor attempt” by the White House to silence private-sector opponents by disclosing their political spending. Josten will even indirectly compare Obama to Libyan leader Mu’ammar al-Qadhafi; citing the Obama administration’s efforts to hasten the deposing of al-Qadhafi, Josten will say of the order: “We will fight it through all available means. To quote what they say every day on Libya, all options are on the table.” White House spokesman Jay Carney will say in response to Josten’s attack, “What the president is committed to is transparency, and he certainly thinks that the American taxpayer should know where his or her money is going.” Josten is joined by the Business Roundtable, a powerful business association made up of a number of chief executives, which will call the proposed order “yet another example of regulatory over-reach,” and will claim the order would increase paperwork and drive up costs for businesses. [Think Progress, 4/27/2011] Lee Fang, a reporter for the liberal news Web site Think Progress, will write that the executive order could have a powerful impact on the USCOC. “[T]he White House’s disclosure rule threatens the entire existence of the Chamber,” Fang will write. “This is because the Chamber only exists to hide the identity of corporations seeking to fight nasty political battles without having their name or brand exposed. As the Wall Street Journal noted, the Chamber’s ‘most striking innovation has been to offer individual companies and industries the chance to use the chamber as a means of anonymously pursuing their own political ends.’ The Chamber’s members include defense contractors, bailed out banks, and other donors likely to be affected by the government contractor campaign disclosure rule.” Fang will also cite a recent plan by the USCOC to sabotage organizations that support Obama and Democratic candidates by using legally questionable tactics such as false entrapment strategies and even computer hacking (see February 10, 2011). The funding for the scheme was never made public. He also cites recent monies secured by the USCOC from foreign entities that, because of the Citizen United decision, could be flowing into US political activities without disclosure (see October 2010). [Think Progress, 4/27/2011] Republicans in Congress will move to pass legislation that would thwart the order, if it is ever issued (see May 26, 2011 and July 15, 2011).
Entity Tags: Barack Obama, Fred Wertheimer, Blair Latoff, Business Roundtable, Jan Witold Baran, US Chamber of Commerce, Lee Fang, Wall Street Journal, Mu’ammar al-Qadhafi, Obama administration, Bruce Josten
Timeline Tags: Civil Liberties
Chris Van Hollen, in an undated appearance on Fox News. [Source: Associated Press / Politico]Representative Chris Van Hollen (D-MD) and other prominent Democrats file a lawsuit against the Federal Election Commission (FEC) asking that entity to force the disclosure of political campaign donor information. In 2007, after a Supreme Court ruling (see June 25, 2007), the FEC drastically rewrote its disclosure requirements, creating what Van Hollen calls a “major loophole” that many 501(c)4 entities funded by corporate or labor union donations are using to operate “under a veil of anonymity.” Van Hollen and his colleagues say they want to force wealthy corporations and individuals to disclose who they are and how much they donate to political organizations. Currently, the Citizens United decision (see January 21, 2010) allows such donors to remain anonymous, and the organizations that receive their donations to conceal the amounts they are receiving. Van Hollen cites the 2002 Bipartisan Candidate Reform Act (BCRA—see March 27, 2002) as applying in this instance. In the brief he submits for the lawsuit, Van Hollen writes: “The US Chamber of Commerce, a Section 501(c) corporation, spent $32.9 million in electioneering communications in the 2010 Congressional elections, and disclosed none of its contributors; American Action Network (AAN—see Mid-October 2010), a Section 501(c) corporation, spent $20.4 million in electioneering communications in the 2010 Congressional elections, and disclosed none of its contributors; Americans for Job Security, a Section 501(c) corporation, spent $4.6 million in electioneering communication in the 2010 Congressional elections, and disclosed none of its contributors.” The lawsuit comes almost simultaneously with news that the White House is considering issuing an executive order that would require federal contractors to reveal their donations (see April 20, 2011). Democrats admit that even as they push the lawsuit forward, and President Obama publicly criticizes the practice of secret donations, they, too, are raising undisclosed donations for the various 2012 campaigns. Experts note that in most cases, Democrats’ efforts to raise undisclosed donations are far smaller than efforts by Republicans, and the amounts they are receiving are, so far, much smaller. Fred Wertheimer of Democracy 21, who is leading Van Hollen’s legal team, acknowledges that the lawsuit will not alter campaign finance policy before the 2012 elections, though he says it is possible that the lawsuit could receive a favorable decision and force disclosure while appeals are pending.
Similarities to DISCLOSE Act - Both the lawsuit and the executive order are similar to sections of the DISCLOSE Act, a legislative package drafted by Van Hollen and other Congressional Democrats that was blocked by Senate Republicans from coming to a vote (see July 26-27, 2010). USCOC spokesperson Blair Latoff says the lawsuit and the order comprise a “desperate attempt by the White House and House Democrats to resurrect the corpse of the DISCLOSE Act.” (Law professor Steven D. Schwinn will refute Latoff’s accusation, writing that Van Hollen’s lawsuit in no way seeks to force the DISCLOSE Act into law via the courts.) Like the failed legislation, the lawsuit and the proposed executive order would work to curtail the effects of the Supreme Court’s controversial Citizens United decision, which allows virtually unlimited and anonymous political spending by corporations and other entities. The lawsuit argues that the concealment of donor identities contradicts both the law and the Court’s ruling, citing the following language in the majority ruling: “With the advent of the Internet, prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable.”
Seeks Change in FEC Regulations - The lawsuit specifically challenges an FEC regulation adopted in 2007 that contravened language in the 2002 Bipartisan Campaign Reform Act (see March 27, 2002) that required disclosure of donations of $1,000 or more if the donations were made for the purpose of furthering “electioneering communications.” Another petition filed by Van Hollen’s group asks the FEC to revise a regulation that “improperly allowed nonprofit groups to keep secret the donors” whose funds were being used to pay for so-called independent expenditures in federal elections. [van Hollen, 4/21/2011 ; Los Angeles Times, 4/21/2011; New York Times, 4/21/2011; Steven D. Schwinn, 4/25/2011; Think Progress, 4/27/2011]
'Sign of Weakness' - Bradley A. Smith, a former FEC commissioner and the head of the Center for Competitive Politics, a conservative advocacy group, says of the lawsuit: “This is a sign of weakness by a group that’s afraid they’re going to lose, and lose big. Again and again, you see evidence that their real purpose is to try to shut down their political opposition.” Smith and other conservatives say Democrats want to “chill” free speech. [New York Times, 4/21/2011]
FEC Will Refuse to Consider Accompanying Petition - In December 2011, the FEC will refuse to consider an accompanying petition on a 3-3 vote. [Commission, 12/16/2011; Commission, 12/16/2011] The vote is along partisan lines, with the three Democrats on the commission voting to consider the petition and the three Republicans voting against. The law prohibits the FEC from having a majority of commissioners from either party. [Think Progress, 1/21/2012]
Judge Will Rule in Favor of Plaintiff - In March 2012, a district judge will rule in favor of Van Hollen in the lawsuit (see March 30, 2012).
Entity Tags: Bipartisan Campaign Reform Act of 2002, Americans for Job Security, Barack Obama, American Action Network, Blair Latoff, Bradley A. (“Brad”) Smith, Steven D. Schwinn, US Chamber of Commerce, DISCLOSE Act of 2010, Chris Van Hollen, Fred Wertheimer, Federal Election Commission
Timeline Tags: Civil Liberties
WikiLeaks, a non-profit whistleblower group, releases some files on about 750 prisoners held at the US-run prison in Guantanamo, Cuba. This covers all but about 15 of the prisoners who have passed through the prison since it opened in early 2002 (see January 11, 2002). Nearly all of the prisoners were accused of belonging to al-Qaeda or the Taliban, or associated Islamist militant groups. The files were written by US military intelligence officials between the prison’s opening and January 2009. They contain assessments on whether each prisoner should remain in US custody, be imprisoned by another country, or be set free. Most of the prisoners have been released over the years, and no new prisoners have been sent to Guantanamo since 2007, but 172 prisoners remain at Guantanamo in April 2011. Seven news organizations—the New York Times, The Guardian, McClatchy Newspapers, the Washington Post, El Pais, Der Spiegel, and NPR (National Public Radio)—were given early access to the files by WikiLeaks in order to vet and analyze them. Their publication was sped up when the New York Times prepared to publish them after claiming to get copies of them from another unnamed source. The Obama administration immediately condemns the publication of the classified information in the files. [New York Times, 4/24/2011; New Yorker, 4/25/2011]
Files Often Contain Dubious Evidence - Journalists who analyze the files question the accuracy of their prisoner assessments. The New York Times comments that the files “show that the United States has imprisoned hundreds of men for years without trial based on a difficult and strikingly subjective evaluation of who they were, what they had done in the past, and what they might do in the future.” Furthermore, the files “reveal that the analysts sometimes ignored serious flaws in the evidence—for example, that the information came from other detainees whose mental illness made them unreliable. Some assessments quote witnesses who say they saw a detainee at a camp run by al-Qaeda but omit the witnesses’ record of falsehood or misidentification. They include detainees’ admissions without acknowledging other government documents that show the statements were later withdrawn, often attributed to abusive treatment or torture.” [New York Times, 4/24/2011] The Guardian comments that Guantanamo has been “a place that portrayed itself as the ultimate expression of a forensic and rational war run by the most sophisticated power on the planet, with the best intelligence available. The reality was an almost random collection of [prisoners who were] the bad, the accidental, and the irrelevant.” [Guardian, 4/25/2011] McClatchy Newspapers comments: “The world may have thought the US was detaining a band of international terrorists whose questioning would help the hunt for Osama Bin Laden or foil the next 9/11. But [the files] not meant to surface for another 20 years shows that the military’s efforts at Guantanamo often were much less effective than the government has acknowledged. Viewed as a whole, the secret intelligence summaries help explain why in May 2009 President Barack Obama, after ordering his own review of wartime intelligence, called America’s experiment at Guantanamo ‘quite simply a mess.’”
Files Dependant on Dubious Informants - McClatchy further claims that the files were “tremendously dependant on informants—both prison camp snitches repeating what they’d heard from fellow captives and self-described, at times self-aggrandizing, alleged al-Qaeda insiders turned government witnesses who Pentagon records show have since been released.” The information in the files is based on other sources, including intelligence documents and some confessions. [McClatchy Newspapers, 4/24/2011] The New York Times similarly comments that “Guantanamo emerges from the documents as a nest of informants, a closed world where detainees were the main source of allegations against one another and sudden recollections of having spotted a fellow prisoner at an al-Qaeda training camp could curry favor with interrogators.” [New York Times, 4/24/2011]
Files Also Based on Torture and Legally Questionable Methods - The files rarely mention the abuse and torture scandals concerning treatment of US prisoners in Guantanamo, in secret CIA prisons, in other overseas US-run prisons, and in prisons run by some US allies where the use of torture was more widespread. However, there are hints. For instance, one file on an Australian man sent to Guantanamo in 2002 mentions that he confessed while “under extreme duress” and “in the custody of the Egyptian government” to training six of the 9/11 hijackers in martial arts. But despite the apparent seriousness of this accusation, he was released in early 2005. Additionally, important prisoners such as Abu Zubaida held in secret CIA prisons were shown photos of Guantanamo prisoners and asked about them around the time they were subjected to waterboarding and other torture methods. The interrogations of Zubaida, who was waterboarded many times (see May 2003), are cited in over 100 prisoner files. However, his accusations against others have been systematically removed from government filings in court cases in recent years, which would indicate that officials are increasingly doubtful about his reliability and/or the legality of his tortured confessions. Also, many foreign officials were allowed to interrogate some prisoners in Guantanamo, including officials from China, Russia, Saudi Arabia, Jordan, Yemen, Kuwait, Algeria, and Tajikistan. Information in some files comes from these legally questionable interrogation sessions. [McClatchy Newspapers, 4/24/2011; New York Times, 4/24/2011] One well-known case of torture involved Mohamed al-Khatani, the alleged 20th 9/11 hijacker (see December 2001). While being held in Guantanamo, he was interrogated for months with techniques that the senior Bush administration official in charge of bringing Guantanamo prisoners to trial later said legally met the definition of torture (see August 8, 2002-January 15, 2003 and January 14, 2009). His file says, “Although publicly released records allege detainee was subject to harsh interrogation techniques in the early stages of detention,” his confessions “appear to be true and are corroborated in reporting from other sources.” Claims al-Khatani made regarding 16 other Guantanamo prisoners are mentioned in their files without any caveats about the interrogation methods used on him. [New York Times, 4/24/2011]
Some Prisoners Unjustly Held - Some prisoners appear to be clearly innocent, and yet they often were held for years before being released. Some prisoners are still being held even though their files indicate that their interrogators are not even sure of their identities. In some cases, prisoners were held for years not because they were suspected of any crime, but because it was thought they knew useful information. For instance, files show one prisoner was sent to Guantanamo because of what he knew about the secret service of Uzbekistan. [McClatchy Newspapers, 4/24/2011; New York Times, 4/24/2011] In a cruel twist of fate, one man, Jamal al-Harith, appears to have been imprisoned mainly because he had been imprisoned by the Taliban. His file states, “He was expected to have knowledge of Taliban treatment of prisoners and interrogation tactics.” [Guardian, 4/25/2011]
Prisoner Releases Based More on Luck than Evidence - The New York Times claims the determination of which prisoners were released has mostly been a “lottery” that was largely based on which country the prisoner came from. “Most European inmates were sent home, despite grave qualms on the analysts’ part. Saudis went home, even some of the most militant, to enter the rehabilitation program; some would graduate and then join al-Qaeda in the Arabian Peninsula. Yemenis have generally stayed put, even those cleared for release, because of the chaos in their country. Even in clearly mistaken arrests, release could be slow.” [New York Times, 4/24/2011] In 2009, the new Obama administration put together a task force that re-evaluated the 240 prisoners remaining at Guantanamo. However, these more recent assessments remain secret. [New York Times, 4/24/2011]
Alleged neo-Nazi Kevin Harpham pleads not guilty to all charges of planting a bomb along the route of a Martin Luther King Jr. Day parade in Spokane (see January 17, 2011 and March 9, 2011), including pleas of not guilty to new “hate crime” charges. Harpham remains in custody without bond. The FBI says it is treating the case as a domestic terrorism incident. New indictments against Harpham charge that he attempted to use the bomb to injure or kill individuals attending the parade because of their “actual or perceived race, color, and national origin.” The bureau also accuses Harpham of seeking to use a destructive device in the furtherance of a hate crime. His trial is set for May 31. [Reuters, 4/25/2011] However, it will be delayed until August 2011. [Spokane Spokesman-Review, 5/21/2011]
The Republican-dominated Oklahoma legislature approves a bill outlawing affirmative action programs in that state. The proposal would prohibit special treatment based on race or sex in public employment, education, or contracts. Supporters say it would underscore the importance of equality, even though no preferences are now given for jobs, contracts, or college admission. Critics say the proposal plays on racial fears. It will appear on the 2012 ballot for approval by voters. [Associated Press, 4/6/2011] Explaining why he sponsored the bill, T.W. Shannon (R-Lawton) says: “I believe discrimination exists. I don’t think affirmative action has been as successful as we like to believe.” However, Shannon’s colleague Sally Kern (R-Oklahoma City) has her own explanation: blacks do not work as hard as whites and have less initiative. Kern says: “We have a high percentage of blacks in prison, and that’s tragic, but are they in prison just because they are black or because they don’t want to study as hard in school? I’ve taught school, and I saw a lot of people of color who didn’t study hard because they said the government would take care of them.” Kern says women earn less than men because “they tend to spend more time at home with their families.” One of the opponents of the bill, Mike Shelton (D-Oklahoma City), says: “This body will quote the Bill of Rights and then talk about Muslims every day. They’ll talk about illegal immigrants every day. They’ll talk about homosexuals. Oklahoma is a great state—as long as you fit the profile.” [Tulsa World, 4/27/2011] Think Progress reporter Alex Seitz-Wald writes of Kern, “[H]er bigoted comments reflect a disturbing trend among even mainstream conservatives to blame valuable social safety net programs for creating a culture of dependency or even ‘slavery.’” [Think Progress, 4/28/2011] The Oklahoma House speaker, Republican Kris Steele, refuses to reprimand Kern, saying that a written apology she issues is enough. On May 2, the House votes to reprimand Kern anyway, led by Shelton, who will say: “We are trying to be a player within the United States as well as the world. The comments by Sally Kern make us step back and it makes people look at the state of Oklahoma as a different place.” Republican Paul Wesselhoft is harshly critical of the reprimand, saying it “flies in the face of every Sunday school lesson I’ve ever had. Kern issued a sincere apology. My faith teaches me that I’m to forgive.” Republican Randy Grau will say that the reprimand may have a “chilling effect on free speech.” [Think Progress, 5/3/2011] Three years ago, Kern said on the Oklahoma House floor that homosexuality was more dangerous than terrorism; she was not reprimanded (see March 3-27, 2008).
California lawyer Orly Taitz, who has long questioned President Obama’s citizenship (see November 12, 2008 and After, March 13, 2009, August 1-4, 2009, September 16-21, 2009, September 17, 2009, October 29, 2009, March 15, 2010, April 16, 2010, July 7 - August 16, 2010, August 9, 2010 - January 11, 2011, April 27, 2011, and April 27, 2011), now says Obama once used a different Social Security number to the one he uses now. She also says that Obama graduated from Columbia University in nine months instead of two years, as school records show. [Wall Street Journal, 4/27/2011] Taitz’s “evidence” is a claim that Obama’s Selective Service document shows “his social security… listed as a Connecticut Social Security number.” Politico’s Ben Smith reminds readers that “Taitz… has tried to have forgeries introduced into court filings before.” [Politico, 4/27/2011]
California lawyer Orly Taitz, who has long questioned President Obama’s citizenship (see November 12, 2008 and After, March 13, 2009, August 1-4, 2009, September 16-21, 2009, September 17, 2009, October 29, 2009, March 15, 2010, April 16, 2010, July 7 - August 16, 2010, August 9, 2010 - January 11, 2011, and April 27, 2011) to the point where a Georgia judge has called her “delusional” (see October 13-16, 2009), says that she has doubts about the authenticity of Obama’s long-form birth certificate. Specifically, she says that a real birth certificate from 1961 would have listed Obama’s race as “Negro” and not “African.” She says: “Look, I applaud this release. I think it’s a step in the right direction. I credit Donald Trump in pushing this issue.” However, she adds: “In those years… when they wrote race, they were writing ‘Negro’ not ‘African.’ In those days nobody wrote African as a race, it just wasn’t one of the options. It sounds like it would be written today, in the age of political correctness, and not in 1961 when they wrote white or Asian or ‘Negro.‘… It looks like terminology that would be used today, not 1961.” She continues to insist that because Obama’s father is Kenyan, Obama is ineligible for the presidency because he is not a “natural born citizen,” in spite of being contradicted by the Fourteenth Amendment. [TPM Muckraker, 4/27/2011; Wall Street Journal, 4/27/2011] She also wants to know why the certificate lists the address of Obama’s grandparents, 6085 Kalanianaole Highway in Honolulu, and not his parents’ address. Still, she says the birth certificate is an improvement over the previous “short form” certificate released by Obama in 2008 (see June 13, 2008). “I have to say that this is a step in the right direction,” she says, “just as the release of the Watergate tapes was a step in right direction [sic] by Richard Nixon (see July 13-16, 1973). And like Richard Nixon, there’s a good chance this will cost him his presidency (see August 8, 1974). It is a much better document than we had before.” [Wall Street Journal, 4/27/2011]
Chiyome Fukino, the former head of Hawaii’s Department of Health, who has verified that President Obama’s “short form” birth certificate is valid time and again (see October 30, 2008, July 28, 2009, and April 11, 2011), tells the press that months ago, Obama’s “long form” birth certificate was moved to a more secure location within a dual combination-key lock safe inside the state’s health department vault. The “long form” certificate is, by Hawaiian law, kept on file and not released to anyone, even the person whose certificate it is (see July 1, 2009); the Hawaiian government recently made an exception for Obama, who released the “long form” certificate to the public hours before Fukino’s announcement (see April 27, 2011). The certificate was moved to the vault in February 2011 by State Registrar Alvin Onaka in response to an overwhelming number of requests by media outlets and others to see it. “It is my understanding that the book has been placed in a smaller locked container in the same secure safe,” Fukino says. “The safe is still in the department.” She says that the additional security measure reduces the number of people with access to the much-sought-after document from a handful to just one: Onaka himself. Health Director Loretta J. Fuddy granted Obama permission to have two official copies of the “long form” certificate, an action Attorney General David Louie says “was done according to the letter of the law.” Until the Obama certificate release, Hawaii had not given anyone a copy of the “long form” certificate since converting to electronic records, a process that began in 1989 and ended in 2001. Fukino says that during her term as health director, Obama’s birth certificate was moved from a file vault, where bound books containing vital records line the shelves in handwritten, leather-bound ledgers, in colors chosen over the course of decades, and placed inside the vault’s five-foot-tall, grey, metal combination and key lock safe that holds money and other valuables. “After the 2008 elections, the Department of Health received a significant number of requests for a copy of President Obama’s original birth registration by individuals who believe that the president is not a US citizen,” Fukino says. “To assure the safety of the record, the bound volume was removed from the file vault and placed into a fireproof safe with limited access.” Fukino is one of the very few people to have viewed the “long form” certificate before it was released to public view. There are 35 volumes of 1961 birth certificates, each containing 500 certificates. Governor Neil Abercrombie says in a statement: “Considering all of the investigations that have been done and the information that has been provided, no rational person can question the president’s citizenship. We have found a way—once again—to confirm what we already knew: the president was born here in Hawaii. State officials of both parties have verified that President Obama’s birth records show that he was born in Honolulu. President Obama’s mother and father were dear friends of mine (see December 24, 2010), and we must respect their memory. It is an insult to the president, his parents, and to the Office to suggest that he was not born in Hawaii. The State of Hawaii has done everything within our legal ability to disabuse these conspiracy theorists. We granted the president’s request for certified copies of his birth certificate so we can all move on from this unfortunate distraction and focus on the real issues affecting people today.” [Fox News, 4/27/2011]
Officials of the Terry Lakin Action Fund, a group that funded and supported former Lieutenant Colonel Terry Lakin when he refused orders to deploy to Afghanistan because of his doubts about President Obama’s citizenship (see Before April 13, 2010), now say that had Obama released his “long form” birth certificate before Lakin’s refusal to follow deployment orders (see April 27, 2011), Lakin would have obeyed those orders and thusly never would have been court-martialed and dishonorably discharged from service (see December 16, 2010). The Action Fund demands that Obama issue Lakin a “full and complete presidential pardon” for his conviction of six months, “including restoration of pay, benefits, and service.” The Action Fund statement reads in part: “This document which was so casually dropped on the news corps could just have easily been provided 12 months ago or two years ago. Even six months ago, it would have prevented LTC Lakin being manacled and hauled away to Fort Leavenworth prison for standing up for the Constitution, consistent with the oath he took as an officer, and the rule of law.” The statement continues: “Had the Obama administration agreed to allow the document unveiled today and other related documents as requested for discovery in Terry Lakin’s first pre-trial hearing, the matter would have been resolved and soldiers assured their military orders were lawful, given by a lawful commander in chief. A good soldier, having played his part in this issue, would have returned enthusiastically to the service for which he is so ably trained.” The statement also questions the authenticity of the “long form” certificate, demanding that it be “submitted for forensics testing to determine its authenticity.” It continues, “[S]imilarly, the Kenyan birth certificate that has been widely circulating on the Internet and on Capitol Hill—should be tested” (see August 4, 2009). [TPM Muckraker, 4/27/2011; Terry Lakin Action Fund, 4/27/2011] The Action Fund, on its Web site, calls itself “[t]he only site designated by Terry Lakin and his family to assist with direct support of Terry’s legal defense and his family’s needs. Terry is standing up for the nation. He needs the nation’s help.” The site features a statement by Lakin’s wife that reads: “My husband is going to prison because of Barack Obama’s birth certificate. I’m sure you agree that’s a heavy price to pay for standing up for what is right.” [Terry Lakin Action Fund, 4/27/2011]
The Arizona Independent publishes a document obtained from the US Bureau of Citizenship and Immigration Services through a Freedom of Information Act request. The document offers further proof that President Obama was born in Hawaii. The document is a memo from August 31, 1961, some three weeks after Obama’s birth (see June 13, 2008 and April 27, 2011), written by William Wood of Immigration and Naturalization Services (INS). Wood’s memo says that Barack Obama Sr. was attending the University of Hawaii on a student visa and that a son, Barack Obama II, was born in Honolulu on August 4, 1961. The memo refers to the elder Obama’s plans to continue at the University of Hawaii, and the plans of his spouse, Stanley Ann Dunham, to work at the university. The memo reads in part, “They have one child born Honolulu on 8/4/1961—Barack Obama II, child living with mother (she lives with her parents & subject resides at 1482 Alisteastre St.).” The document also shows that Obama Sr. entered the country in 1959, and had received several extensions to his visa. Obama Sr. left the country in 1964 after being denied another visa extension and remaning for a brief period illegally. [Arizona Independent, 4/27/2011; Arizona Independent, 4/27/2011]
A portion of President Obama’s ‘long form’ birth certificate. [Source: White House / WorldNetDaily (.com)]President Obama releases his “long form” birth certificate for public view, in an attempt to put questions about his citizenship to rest. White House communications director Dan Pfeiffer says in a statement: “The president believed the distraction over his birth certificate wasn’t good for the country. It may have been good politics and good TV, but it was bad for the American people and distracting from the many challenges we face as a country.” In 2008, Obama released an official copy of his birth certificate (see June 13, 2008), but many so-called “birthers” have said that “short form” certificate did not fully prove his Hawaiian birth. In his statement, Pfeiffer notes that the “short form” certificate is “the same legal documentation provided to all Hawaiians as proof of birth in state, and the campaign immediately posted it on the Internet.… When any citizen born in Hawaii requests their birth certificate, they receive exactly what the president received. In fact, the document posted on the campaign Web site is what Hawaiians use to get a driver’s license from the state and the document recognized by the federal government and the courts for all legal purposes. That’s because it is the birth certificate. This is not and should not be an open question.” Pfeiffer says: “At a time of great consequence for this country—when we should be debating how we win the future, reduce our deficit, deal with high gas prices, and bring stability to the Middle East, Washington, DC, was once again distracted by a fake issue. The president’s hope is that with this step, we can move on to debating the bigger issues that matter to the American people and the future of the country.… Therefore, the president directed his counsel to review the legal authority for seeking access to the long form certificate and to request on that basis that the Hawaii State Department of Health make an exception to release a copy of his long form birth certificate. They granted that exception in part because of the tremendous volume of requests they had been getting.” [Hawaii Department of Health, 8/4/1961 ; Associated Press, 4/27/2011; White House, 4/27/2011]
Signed, Certified as True and Valid - The certificate is signed by the delivery doctor, Obama’s mother, and the local registrar. It certifies that Barack Hussein Obama II was born at 7:24 p.m. on August 4, 1961, to Stanley Ann Dunham Obama at Kapiolani Maternity and Gynecological Hospital in Honolulu. It does not mention religion. Obama’s father, Barack Hussein Obama, is noted as being born in Kenya, and his mother as being born in Wichita, Kansas. The Hawaiian registrar certifies the new photocopy of the document provided to the White House on April 25 as being a true and valid copy. The White House also releases a letter from Obama on April 22 requesting two certified copies of his original certificate of live birth. The Hawaii Department of Health does not, by law, release the actual birth certificate, but the department makes an exception for Obama given his “status as president of the United States.” Also released is a letter from Loretta Fuddy, Hawaii’s director of health, approving the request. In her approval letter, Fuddy wrote that she hopes the release “will end the numerous inquiries” received by her office. “Such inquiries have been disruptive to staff operations and have strained state resources,” Fuddy wrote. Obama’s personal lawyer, Judith Corley, flew to Hawaii to pick up the documents and brought them back to Washington. She returned with the documents around 5 p.m. April 26.
Obama: 'We Do Not Have Time for This Kind of Silliness' - Obama says during a morning press conference that he has been both amused and puzzled by the degree to which his place of birth has become an issue. “We do not have time for this kind of silliness,” he says. “This issue has been going on for two, two and a half years now. I think it started during the campaign. I have watched with bemusement, I’ve been puzzled at the degree at which this thing just kept on going.” The country needs to come together to work on critical issues, he says, but “we’re not going to be able to do it if we are distracted. We’re not going to be able to do it if we spend time vilifying each other. We’re not going to be able to do it if we just make stuff up and pretend that facts are not facts. We’re not going to be able to solve our problems if we get distracted by sideshows and carnival barkers.”
Trump Takes Credit, RNC Blames Obama for Controversy - Billionaire entrepeneur and television host Donald Trump has reignited the controversy in recent weeks (see February 10, 2011, March 17, 2011, March 23, 2011, March 23, 2011, March 28, 2011, March 28-29, 2011, March 30, 2011, April 1, 2011, April 1, 2011, April 1-8, 2011, April 7, 2011, April 7, 2011, April 7-10, 2011, April 7, 2011, April 7, 2011, April 10, 2011, April 14-15, 2011, April 21, 2011, April 26, 2011, and April 26, 2011) as part of his apparent 2012 presidential campaign bid. Though neither Obama nor Pfeiffer mention Trump by name, he takes full credit for the release. “He should have done it a long time ago. I am really honored to play such a big role in hopefully, hopefully getting rid of this issue,” Trump says during a visit to New Hampshire. Trump says he is not yet convinced of the certificate’s authenticity, saying that he and his people are “going to look at it. We have to see if it’s real, if it’s proper.… It’s amazing that all of a sudden it materializes. Why he didn’t do it when the Clintons asked for it. Why he didn’t do it when everyone else was asking about it, I don’t know.” However, Trump says he is “sure it’s the right deal” and is looking forward to moving on to more important issues such as OPEC and China. Trump and other “birthers” have alleged that the long form birth certificate contains information Obama wanted to hide from public view, when in fact the two different versions of the certificate contain virtually the same information. The long form includes the signatures of Obama’s mother and the attending physician. Republican National Committee chairman Reince Priebus calls the issue a distraction, but blames Obama for playing “campaign politics” by addressing it. “The president ought to spend his time getting serious about repairing our economy,” he says. “Unfortunately his campaign politics and talk about birth certificates is distracting him from our number one priority—our economy.” [Associated Press, 4/27/2011; Associated Press, 4/27/2011; USA Today, 4/27/2011; WorldNetDaily, 4/27/2011] Trump also demands that Obama release his complete college transcripts. [Real Clear Politics, 4/27/2011]
Questions from CNN - Some observers feel the White House may have been spurred to release the certificate in part because of questions about the controversy from mainstream media reporters. On April 26, White House press secretary Jay Carney was asked a question about Obama’s birth status by CNN’s Ed Henry, at the same time CNN’s Anderson Cooper was airing a “definitive investigation” into the controversy that debunked the “birther” conspiracy theory and attacked Trump for feeding the controversy. Carney called the question “preposterous” and the controversy “a distraction” that had been “settled,” but Henry continued to pursue the issue. [Huffington Post, 4/26/2011]
Entity Tags: Judith Corley, Loretta Fuddy, Jay Carney, Reince Priebus, Hawaii Department of Health, Barack Obama, Sr, Donald Trump, Ann Dunham, Barack Obama, Dan Pfeiffer, Ed Henry
Timeline Tags: Domestic Propaganda, 2012 Elections
The Tennessee State Legislature approves a bill, SB1915, that allows for direct corporate donations to political candidates. The bill also raises the amount that can be given by contributors by around 40 percent. Corporations will be treated as political action committees (PACs—see 1944 and February 7, 1972). The original bill was sponsored by Senate Speaker Pro Tempore Jamie Woodson (R-Knoxville) and passed by a party-line vote, with Republicans voting for passage and Democrats against. House Democratic Caucus Chairman Mike Turner objected to the bill, saying that foreign-based corporations could also contribute under it; House sponsor Glen Casada (R-College Grove) responds by saying that such corporations would have to have a presence in Tennessee to make such contributions. Turner says after the bill passes: “It’s going to be like an arms race with Democrats and Republicans trying to compete for this corporate cash. I just think it’s wrong. I think it’s un-American. Tennessee will rue the day we’ve done this.” For his part, Casada says the bill will lessen candidate dependence on PACs and provide more money to “educate voters.” He adds, “More money is more free speech.” Woodson says the law follows directly from the controversial Citizens United decision by the US Supreme Court (see January 21, 2010), which allows corporations and labor unions to spend unrestricted amounts of money in support of, or opposition to, federal candidates. Republicans lauded the decision by saying it promoted free speech (see January 21, 2010). The Tennessee State Legislature approved a law similar to the Citizens United decision in 2010. The new bill authorizes corporations to give directly to candidates and political parties. Tennessee has long banned such corporate contributions. [Nashville City Paper, 4/26/2011; Knoxville News-Sentinel, 4/27/2011] Governor Bill Haslam (R-TN) will sign the law into effect. Republicans claim the law will “equalize” contributions, and remove the “advantage” in donations from labor unions enjoyed by Democrats. “This basically would just level the playing field, because unions are allowed to do this by statute now,” says Senator Bill Ketron (R-Murfreesboro). However, in October 2010, reporter Tom Humphrey showed that corporate and PAC donations favored Republicans by as much as a 3-1 margin, an advantage not overcome by union contributions. [Knoxville News-Sentinel, 10/29/2010; Nashville City Paper, 4/26/2011]
Eric Bolling, the host of the Fox Business Channel talk show Follow The Money, reads a list of people his viewers say they want waterboarded. The list includes President Obama. Bolling is doing a segment on his viewers’ reaction to the death of Osama bin Laden (see May 2, 2011), and insists, despite claims from Obama administration members and informed outsiders, that bin Laden was located “through waterboarding, simple as that” (see Autumn 2003, August 6, 2007, December 2-4, 2008, December 11, 2008, and March 29, 2009). (Later in the segment, some of his guests dispute that claim.) Bolling says he asked viewers who they wanted to see waterboarded. The respondents, through Facebook, named, among others: “Senate Dems… and then Obama… then the kooks on [the ABC morning talk show] ‘The View,’ starting with Joy” Behar; “Alan Colmes… [t]he secrets of the left-wing cabal will come pouring out of that boy”; “[m]y ex-wife!”; progressive talk show hosts Keith Olbermann and Rachel Maddow; and the far-right, virulently anti-gay Westboro Baptist Church. Bolling concludes the segment with some jocularity with his guests, and jokingly offers to be waterboarded himself. [Media Matters, 5/5/2011]
Entity Tags: Keith Olbermann, Barack Obama, Alan Colmes, Eric Bolling, Obama administration, Fox Business Channel, Westboro Baptist Church, Rachel Maddow, Osama bin Laden, Joy Behar
Timeline Tags: Torture of US Captives, Domestic Propaganda
Long-shot Republican presidential candidate Buddy Roemer (R-LA), a former governor of Louisiana, gives an interview to the liberal news Web site Think Progress in which he blasts the current system of campaign finance. Roemer is campaigning on a promise to reduce the influence of the wealthy on the government, and refuses to accept over $100 in contributions from any one source. He also forces the disclosure of the identities of his donors. After speaking at a tea party rally in New Hampshire, Roemer speaks to Think Progress reporter Lee Fang. Roemer is highly critical of large corporate donors and the trade organizations that represent them, and decries the failure of the DISCLOSE Act to pass Congress (see July 26-27, 2010). “It’s disastrous, it’s dysfunctional, to their shame,” he says. Large corporations such as General Electric using their influence to avoid paying taxes is “what’s wrong with America.” Roemer adds: “Right now, too often the political debate has become about the money and not about the issues. And those who have the money have a vested interest in the results and you never know who they are.… I have full disclosure and I challenge my opponents to do the same.” Fang notes that some of the largest corporate donors and “bundlers” (groups like the US Chamber of Commerce, which “bundle” donations from corporations and individuals and funnel them to political organizations) support Roemer’s fellow Republican candidates, and are the primary reason why the DISCLOSE Act failed to pass. “They lobbied both Democrats and Republicans to kill the bill in the Senate,” Fang says. Roemer says Congress and the campaign financial system are both “dysfunctional,” and adds Democratic-supporting labor unions to the list of organizations that are corrupting politics. “The guys with the bucks want unfettered regulation. They want to run America.… The reason the tax code is four thousand pages long and paid no taxes last year and made five billion dollars? It’s [campaign] checks. That’s whats wrong with the American system. It’s not free anymore. It’s bought.” Roemer says the only way he knows to challenge the system is by example. “You know I’ve got to run against the system,” he says. “It’s corrupt. And the only way I know how to do it… is by example. I’m going to show that a grassroots campaign can capture New Hampshire, South Carolina. I’m going to whip ‘em, on my own terms.” The Republican Party does not support Roemer’s campaign, and is blocking Roemer from participating in primary debates. [Think Progress, 5/4/2011]
The Center for Responsive Politics (CRP), a nonpartisan campaign finance watchdog organization, finds that independent organizations supporting Republicans and Democrats are spending unprecedented amounts of money on supporting, or more often attacking, candidates for office. The huge rise in spending comes as a direct result of the Citizens United decision that allowed corporations and labor unions to spend unlimited amounts of money on campaign donations (see January 21, 2010). While organizations are spending huge amounts of money on both sides of the political divide, spending for conservative candidates outweighs spending on liberal candidates by an 8-1 margin. CRP’s analysis finds that the increased spending helped Republicans retake the US House of Representatives in 2010, and is having a long-term effect on the nation’s campaign and election systems. [Center for Responsive Politics, 5/5/2011; Think Progress, 5/6/2011]
Most Democratic Spending Comes from Unions - Labor unions gave over $17.3 million in independent expenditures opposing Republican candidates. The union contributing the most: the American Federation of State County and Municipal Employees (AFSCME), with over $7 million. The National Education Association (NEA) formed a “super PAC” (see March 26, 2010) that spent $3.3 million on election activities. Super PACs must disclose their donors and the amounts donated (see 2000 - 2005), but an array of groups under the 501(c) tax laws do not have to disclose that information (see September 28, 2010).
Corporations Spend Lavishly for Republicans - While corporations donated some money to Democratic causes, most of their money went to Republicans. Corporations gave over $15 million to super PACs such as American Crossroads, which supports an array of conservative candidates. CRP notes that conservative groups that do not have to disclose their donors spent $121 million, and corporations and wealthy individuals were the likely sources of almost all of that money.
Secret Donations on the Rise - In the 2006 elections, the percentage of spending from groups that do not disclose their donors was 1 percent. In 2010, it was 47 percent. “Nonprofit” organizations that can legally hide their donors and donations increased their spending from zero percent in 2006 to 42 percent in 2010. For the first time in over 20 years, outside interest groups outspent party committees, by $105 million. The amount of independent expenditure and electioneering communication spending by outside groups has gone up 400 percent since 2006. And 72 percent of political advertising spending by outside groups in 2010 came from sources that were prohibited from spending money in 2006. [Center for Responsive Politics, 5/5/2011]
Former Army Lieutenant Colonel Terry Lakin is discharged from military prison after serving five months of a six-month term for refusing to obey deployment orders. Lakin refused to be deployed in April 2010 because, he said at the time, President Obama was not a true American citizen and therefore could not give him or any other member of the military any orders to deploy (see Before April 13, 2010). Lakin was court-martialed, dishonorably discharged, and sentenced to prison at Fort Leavenworth, Kansas (see December 16, 2010). He pled guilty after a military court refused to allow what he and the “birther” organization that supported him, the American Patriot Foundation, called “evidence” of Obama’s lack of US citizenship (see September 2, 2010). [Associated Press, 5/13/2011] Some “birthers” continue to use Lakin’s case to advance their cause. One “birther” blog devoted to advocating the anti-gay “Defense of Marriage Act” writes: “Lieutenant Terry Lakin was sentenced as a result of a judicial meltdown in our courts transpiring and sweeping across America, as Mr. Lakin was not allowed the right to justly defend himself. He was denied the opportunity to call forth witnesses or to submit crucial evidence to the court involving our Head-in-Chief.” [DOMA News, 5/15/2011] A commenter on the Free Republic blog writes: “When did overlooking and ignoring fraud, deceit, identity theft, forgery, and corruption in the chain of command become part of the military code of honor? Is this how our very highest military officers fulfill their responsibilities to the brave men and women serving under them and to their oath to defend the Constitution. [sic] Do they feel shame when accepting the salutes of our dedicated and honorable troops? Are our highest military [sic] the least bit suspicious that Obama sits in the White House because of forgery, deceit, fraud, and identity theft? Where is the evidence that they peacefully and lawfully sought certifiable clarification of Obama’s status from Congress, the courts, and/or Obama himself?” [Free Republic (.com), 5/12/2011]
Lawyer James Bopp Jr. forms a super PAC, Republican Super PAC Inc., in order to make unlimited financial contributions towards “independent” expenditures in support of Republican candidates in the November 2012 elections. Bopp is joined by Roger Villere, the chairman of the Louisiana Republican Party. Bopp is known for arguing high-profile cases against abortion rights (see November 1980 and After and Mid-2004 and After) and campaign finance regulations (see December 10, 2003 and Mid-2004 and After). He was the lawyer who first worked with the lobbying and advocacy group Citizens United, whose lawsuit gave the Supreme Court the opportunity to greatly deregulate campaign finance law (see January 10-16, 2008, March 24, 2008, and January 21, 2010). According to an email from Bopp and Villere, the Republican Super PAC will coordinate with other independent groups “to bridge gaps in the independent campaigns supporting Republican candidates.… The best way to neutralize President Obama’s unprecedented $1 billion political war chest and the political spending by labor unions and wealthy Democrats is to build a super fund-raising infrastructure for independent expenditure spending.” [New York Times, 5/16/2011] The majority of the money raised and spent on behalf of candidates by super PACs has gone to support Republicans, and not President Obama or Democratic candidates (see January 21-22, 2010, March 26, 2010, August 2, 2010, September 13-16, 2010, September 21 - November 1, 2010, September 28, 2010, October 2010, Around October 27, 2010, November 1, 2010, (May 4, 2011), and May 5, 2011).
Four of Fox News’s presumptive presidential candidates. Clockwise from upper left: Sarah Palin, Newt Gingrich, Rick Santorum, and Mike Huckabee. [Source: Huffington Post]New York Magazine reporter Gabriel Sherman profiles Fox News chairman Roger Ailes (see October 7, 1996), who also serves as a Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988). According to close friends and advisers to Ailes interviewed by Sherman, Ailes wants far more than the continued ratings and advertiser success of Fox News—he wants the network to steer one of its own into the White House in 2012 (see October 2008). He is tremendously influential; a Republican strategist tells Sherman: “You can’t run for the Republican nomination without talking to Roger. Every single candidate has consulted with Roger.”
Letdown? - Ailes has been keenly disappointed in the results of his network’s official and unofficial candidates so far. Former Alaska governor and Fox commentator Sarah Palin (see September 15-16, 2010), who has not yet announced her candidacy for the Republican presidential nomination, is polling at around 12 percent among Republican voters. Official presidential candidates Newt Gingrich, the former speaker of the House, and Rick Santorum, a former senator, who both are commentators for Fox, have even lower numbers, at 10 percent and 2 percent respectively. Ailes has asked Governor Chris Christie (R-NJ), who is not a Fox employee, to run; until recently, Fox News was enthusiastically promoting the putative presidential run of billionaire “birther” Donald Trump (see March 17, 2011). Ailes has envisioned General David Petraeus as a potential candidate, but Petraeus has instead accepted the post of CIA director. “He thinks things are going in a bad direction,” says a Republican close to Ailes. “Roger is worried about the future of the country. He thinks the election of [President] Obama is a disaster.” None of the current crop of candidates meets Ailes’s expectations. Ailes is particularly disappointed in Palin; according to the same Republican, Ailes considers her “an idiot”: “He thinks she’s stupid. He helped boost her up. People like Sarah Palin haven’t elevated the conservative movement.” After Democratic Representative Gabrielle Giffords was shot in January 2011, and other media outlets focused on Palin’s use of gunsight graphics to “target” Giffords and other vulnerable Democrats in the 2010 election (see March 24, 2010), according to Sherman, “Ailes recognized that a Fox brand defined by Palin could be politically vulnerable.” After the Giffords shooting, Ailes told an interviewer, “I told all of our guys, ‘Shut up, tone it down, make your argument intellectually.’” Ailes was infuriated when Palin refused his advice to remain quiet until after the memorial service, and accused her critics of committing “blood libel,” a phrase often seen as anti-Semitic. The problem with Palin was further exacerbated when she argued about the amount of work Fox expects her to do: she does not want to host special broadcasts or other tasks the network expects of her. In March 2011, Fox suspended the contracts of Gingrich and Santorum so they could run their campaigns without legal or ethical entanglements. Shortly thereafter, Huckabee chose to remain at Fox and abandon his plans for a primary challenge. The network is still waiting for Palin’s decision whether to run for president.
Creation of the Tea Party - While Ailes and Fox News did not directly create the “tea party” “grassroots” movement, Ailes was involved in its creation and promotion from its outset (see February 19, 2009, February 27, 2009, and April 15, 2009). Ailes has always been somewhat leery of having Fox News too closely associated with the burgeoning movement (see March 13, 2009 and After, March 23-24, 2009, April 2, 2009, April 6-7, 2009, April 6-13, 2009, April 8, 2009, April 13-15, 2009, April 15, 2009, April 15, 2009, April 16, 2009, May 13-14, 2009, July 28, 2009, August 3, 2009, August 28, 2009, September 12, 2009, and September 12, 2010), and at one point banned Fox News host Sean Hannity from hosting a tea party rally. However, according to Sal Russo, a former Reagan aide and the founder of the national Tea Party Express tour, “There would not have been a tea party without Fox.” Fox News has promoted a number of successful “tea party” candidates (see May 14, 2008 - February 2010), including former host John Kasich (see March 27, 2008 - June 1, 2009 and After), who won the Ohio gubernatorial election in 2010. Before that election, Gingrich, still a Fox News commentator at the time, said that he was confident the “tea party” would evolve into “the militant wing of the Republican Party” (see April 21, 2010). Ailes used some of the same “astroturf” tactics (see February 27, 2009 and April 14, 2009) in developing the “tea party” as he did when he represented tobacco companies such as R.J. Reynolds, creating phony, seemingly independent “front” groups to push the “tea party” messages in the media. [New York Magazine, 5/22/2011]
Entity Tags: John Kasich, Donald Trump, David Petraeus, Christopher J. (“Chris”) Christie, Fox News, Gabrielle Giffords, Rick Santorum, Sal Russo, Gabriel Sherman, Newt Gingrich, Sean Hannity, Sarah Palin, Roger Ailes
Timeline Tags: Domestic Propaganda, 2012 Elections
In response to reported discussions by the Obama administration on the possible issuance of an executive order forcing government contractors to disclose their political contributions (see April 20, 2011), Republicans in the House and Senate introduce legislation that would block such an order. Representative Tom Cole (R-OK) already successfully added a rider to a defense authorization bill that would block the order. Cole says he hopes that the White House will rethink the proposed executive order in light of the opposition from Congressional Republicans. “I am hoping they’re having second thoughts,” he tells a reporter. “This is the executive branch trying to legislate and use a very powerful weapon to do it. And not just legislate, but it is the executive branch trying to intimidate, in my opinion.” In the House, Representatives Cole, Darrell Issa (R-CA), and Sam Graves (R-MO) are sponsoring legislation against the order, while in the Senate, Senators Susan Collins (R-ME), Lamar Alexander (R-TN), Rob Portman (R-OH), and Minority Leader Mitch McConnell (R-KY) are introducing similar legislation. The bills prohibit federal agencies from collecting political information from government contractors as a condition for receiving a government contract. Cole says though his amendment is in the defense bill, he wants to ensure that government contractors are able to keep their political expenditures out of the public eye. “This is one of those things you attack from as many angles and avenues as you possibly can, because it is so important,” he says. “This will get less scrutiny in that process, and it’s a lot easier for Democrats in the Senate to avoid or to kill. A bill is a big statement.” Senate Democrats are likely to vote down the bills. Fred Wertheimer of Democracy 21, an advocacy group that stands for stricter campaign finance laws, says the Republican bills are “continuation[s] of abandonment of campaign finance disclosure by House Republicans, which began last year.” Wertheimer is referring to the DISCLOSE Act, legislation that would have forced outside political groups to disclose their donors, but was blocked by Republicans from coming to a vote (see July 26-27, 2010). Conservative donor organizations such as the US Chamber of Commerce (see January 21-22, 2010, July 26, 2010, August 2, 2010, October 2010, November 1, 2010, and February 10, 2011) support the Republican legislation. The Republican-led House Administration Committee has scheduled a hearing on the draft order. [The Hill, 5/26/2011]
Entity Tags: Obama administration, Darrell E. Issa, DISCLOSE Act of 2010, Fred Wertheimer, Mitch McConnell, US Senate, US Chamber of Commerce, Robert Jones (“Rob”) Portman, Sam Graves, US House of Representatives, Lamar Alexander, Susan Collins, Thomas Jeffery Cole
Timeline Tags: Civil Liberties
US District Judge James Cacheris throws out one count of the indictment against two men accused of illegally reimbursing donors to Democratic Senator Hillary Clinton’s Senate and presidential campaigns. In the ruling, Cacheris holds that the campaign finance law banning corporations from making contributions to federal candidates is unconstitutional. Cacheris rules that under the 2010 Citizens United Supreme Court ruling (see January 21, 2010), corporations have the same right as people to contribute to campaigns. No one has attempted to extend the Citizens United ruling to apply directly to campaign contributions by corporations. Previously, the law has been interpreted to apply only to independent corporate expenditures. In his ruling, Cacheris notes that only one other court has addressed the issue, with a Minnesota federal judge ruling that a state ban on corporate contributions is legal. Cacheris writes: “[F]or better or worse, Citizens United held that there is no distinction between an individual and a corporation with respect to political speech. Thus, if an individual can make direct contributions within [the law’s] limits, a corporation cannot be banned from doing the same thing.… That logic is inescapable here.” In court filings, prosecutors defending campaign finance law in the Virginia case said that overturning the ban on corporate contributions would ignore a century of legal precedent. Prosecutor Mark Lytle wrote: “Defendants would have the court throw out a century of jurisprudence upholding the ban on corporate political contributions, by equating expenditures—which the Court struck down in Citizens United—with contributions. This is, however, equating apples and oranges.” The case, United States v. Danielczyk, concerns accusations that William P. Danielczyk Jr. and Eugene R. Biagi helped funnel a corporate contribution to Clinton’s presidential campaign. The two men allegedly reimbursed $30,200 to eight contributors who gave to Clinton’s 2006 Senate campaign, and reimbursed $156,400 to 35 contributors to her 2008 presidential campaign. Clinton is not named as a defendant in the case. [Associated Press, 5/27/2011; New York Times, 5/27/2011]
Strongly Mixed Reactions - Biaigi’s lawyer Todd Richman says after the ruling: “Corporate political speech can now be regulated, only to the same extent as the speech of individuals or other speakers. That is because Citizens United establishes that there can be no distinction between corporate and other speakers in the regulation of political speech.” Sean Parnell of the Center for Competitive Politics, a group opposing campaign-finance regulations, says, “This was definitely something that is almost incidental in terms of the case it was decided in.” Fred Wertheimer of Democracy 21, a group supporting stricter campaign finance laws, says Cacheris went beyond his purview as a federal judge and ignored laws and Supreme Court rulings before the Citizens United decision that were not impacted (see February 7, 1972, April 26, 1978, and March 27, 2002). Had the Supreme Court wanted to overturn the ban on direct corporate campaign contributions, Wertheimer says, it could have done so in the Citizens United decision. Wertheimer says Cacheris’s ruling should be appealed and overturned. Law professor Daniel Ortiz says the ruling “pushes the outer limits of the Citizens United logic,” and will probably be overturned in a higher court. The Citizens United case differentiates between independent expenditures by corporations that are not coordinating with a candidate’s campaign, and direct campaign contributions. [Associated Press, 5/27/2011; New York Times, 5/27/2011] Ian Millhiser of the liberal news Web site Think Progress writes: “If today’s decision is upheld on appeal, it could be the end of any meaningful restrictions on campaign finance—including limits on the amount of money wealthy individuals and corporations can give to a candidate. In most states, all that is necessary to form a new corporation is to file the right paperwork in the appropriate government office. Moreover, nothing prevents one corporation from owning another corporation. Thus, under Cacheris’s decision, a cap on overall contributions becomes meaningless, because corporate donors can simply create a series of shell corporations for the purpose of evading such caps.” [Think Progress, 5/27/2011] Conservative legal scholar Eugene Volokh writes on his blog that he believes the Cacheris decision is in error. He believes the ban on corporate contributions to be legal and appropriate, though unlike Millhiser, he also supports the Citizens United decision. He cites the Supreme Court’s Buckley v. Valeo decision (see January 30, 1976) as limiting the means by which corporations can donate to political campaigns. He echoes Millhiser’s concerns about “shell corporations,” writing: “[T]he problem with corporate contributions is that they provide an avenue for evading individual contribution limits; if I want to donate $25,000 to a candidate instead of the $2,500 limit, I could set up nine corporations, and then donate myself and also have those corporations make similar donations. Few people would do that, but some people who want to be big political players might. Nor can this easily be dismissed as a supposed ‘sham’ and be thus distinguished from ‘legitimate’ corporate contributions.” The ban on direct corporate contributions does not stop individuals from donating directly to campaigns, Volokh writes, and thusly does not encroach on freedom of speech. [Eugene Volokh, 5/27/2011] Law professor Richard Hasen also believes the decision will be overturned or reconsidered, citing the Supreme Court’s ban on direct corporate spending in Federal Election Commission v. Beaumont (see June 16, 2003), a ruling that other courts have held was not overturned by the Citizens United decision. Neither the prosecution nor the defense referred to the Beaumont decision in their arguments. [Rick Hasen, 5/31/2011] “If this case stood, it would mean the end of campaign contribution limits for everyone, because it would be so easy to get around the law through a straw or sham corporation,” Hasen says. [New York Times, 5/27/2011]
Reconsideration - Four days later, Cacheris will ask for briefs from both sides in the case about the issues raised in his decision, indicating that he may well find that the Beaumont decision means that the ban on direct corporate contributions will remain in effect. [Rick Hasen, 5/31/2011] Cacheris will not reconsider his decision. [New York Times, 6/7/2011; Think Progress, 6/8/2011]
Appeals Court Overturns Decision - A day after Cacheris refuses to reconsider his decision, an appeals court will overrule his decision. [Think Progress, 6/9/2011; United States Court Of Appeals for the Ninth Circuit, 6/9/2011 ] In June 2012, a federal appeals court will find that the Citizens United ban does not apply to direct corporate contributions. Appellate Judge Royce Gregory will write, “Leaping to this conclusion ignores the well-established principle that independent expenditures and direct contributions are subject to different government interests.” [Thomson Reuters, 6/28/2012]
Entity Tags: Eugene R. Biagi, Eugene Volokh, Fred Wertheimer, Daniel Ortiz, William P. Danielczyk, Jr, Ian Millhiser, Sean Parnell, James Cacheris, Todd Richman, Richard L. Hasen, Mark Lytle, Royce Gregory, Hillary Clinton
Timeline Tags: Civil Liberties
Former Republican Senator Rick Santorum (R-PA), joining the race to contend for the Republican presidential nomination, tells an audience at the Faith and Freedom Conference in Washington that America was a much better place before 1965, when the Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989) was enacted and the “welfare state” began. “Social conservatives understand that America was a great country because it was founded great,” Santorum says. “Our founders, calling upon in the Declaration of Independence, the supreme judge, calling upon divine providence, said what was at the heart of American exceptionalism.… ‘We hold these truths to be self-evident, that all men are created equal and endowed by our creator with certain inalienable rights.‘… Ladies and gentlemen, America was a great country before 1965.” Reporter David Love notes that in 1965, institutionalized racism was still the law in many areas of the country. Police brutalized voting rights protesters and civil rights workers were murdered without legal repercussions. The civil rights legislation enacted during this time began the variety of federal “safety net” programs such as food stamps, aid for mothers and their children, disabled citizens, and others, and also began stamping out institutionalized, legal racism. Medicare and Medicaid were enacted under the Social Security Act of 1965. The 1965 Omnibus Housing Act provided funds for building housing for indigent Americans, including many African-Americans. The federal government began funding public schools in 1965. And two years later, the courts used 1965 legislation to overturn laws against miscegenation—interracial marriage. Love concludes: “So the question remains, was America better before 1965? Well, it depends on your point of view. If you are a conservative who views the Great Society legacy as a big government intrusion into the lives of people, then the answer is yes. If you think government has no business protecting civil rights, funding schools and feeding hungry children, increasing economic opportunity, and promoting the arts, your answer will undoubtedly be yes. However, if you are an African-American who enjoys exercising the right to vote, or a senior who doesn’t want anyone touching your Medicare, or someone who believes the federal government has a role to play in fighting poverty, chances are you have a different view of things.” [The Grio, 6/7/2011]
A new “super PAC” aligned with presidential candidate Mitt Romney (R-MA) is being formed by a group of Romney backers and former Romney campaign aides, according to a report by the Washington Post. Super PACs are political organizations that exist to influence elections, which take unlimited amounts of outside money from donors, including individuals, unions, and corporations, and pool that money to advocate for or against a candidate (see March 26, 2010). By law, super PACs are supposed to operate independently of a candidate’s official campaign organization.
Restore Our Future - The Romney super PAC, “Restore Our Future” (ROF), is one of a number of such organizations created in the aftermath of the US Supreme Court’s Citizens United ruling (see January 21, 2010). Restore Our Future is apparently the first super PAC to form specifically in support of one of the 2012 presidential contenders, with the sole exception of Priorities USA Action, a super PAC in support of President Obama. ROF treasurer Charles R. Spies, who served as Romney’s general counsel in his 2008 presidential effort, refuses to disclose how much the organization has raised, or who is donating. Spies merely says: “This is an independent effort focused on getting Romney elected president. We will do that by focusing on jobs and his ability to fix the economy.” A Romney campaign aide says that a Federal Election Commission (FEC) filing coming up in July will show the organization having raised some $20 million. A major Romney donor who refuses to allow his identity to be revealed says, “We just want to show that we’ve got more dough than anyone.” The Romney campaign’s communication director, Gail Gitcho, says the campaign welcomes any outside support, and points to the Obama campaign as the largest fundraiser in the race, saying, “We are pleased that independent groups will be active in fighting this entrenched power [the Obama campaign] so the country can get back to work.”
Leaders of ROF - Members of the ROF board of directors include Spies; Carl Forti, political director for Romney’s 2008 campaign; and Larry McCarthy, a member of the Romney media team in 2008. Forti is the co-founder of the Black Rock Group consulting firm and the political director of American Crossroads, a conservative super PAC expected to raise over $120 million for candidates in 2012. Neither Forti nor American Crossroads will discuss the role played by Forti in both organizations. ROF actually registered itself with the FEC in October 2010, but has remained unaffiliated and essentially dormant until recent weeks. Now ROF officials are briefing top donors about the organization’s plans and fundraising goals. Former Obama spokesman Bill Burton, the head of Priorities USA Action, says: “I’m not surprised that there’s even more money coming into this race to help Mitt Romney. He’s a pretty deeply flawed candidate; he’s going to need all the help he can get.” Dave Levinthal of the Center for Responsive Politics says of the super PACs: “The outside groups are akin to the biggest booster club you can imagine for a college football team. The club can’t give cars or gifts to the players, but they can do everything else possible to support them.… It’s a brand-new way to play politics.” [Washington Post, 6/23/2011] The Post fails to note many of the details about ROF’s senior officials. According to the Public Campaign Action Fund, Spies is not only a lawyer and a consultant, but a registered lobbyist for Clark Hill PLC, representing a chain of luxury casinos. ROF’s address as listed on its FEC filings is the same as Clark Hill’s Washington, DC, office. The Action Fund observes, referring to the Republican primary and the number of wealthy donors lined up behind each major candidate, “While [ROF] officially can’t coordinate with the Romney campaign, having lobbyists on your side is definitely a good way to boost one’s standing in the so-called ‘wealth primary.’” [Public Campaign Action Fund, 6/23/2011] The liberal news Web site Think Progress will soon note that McCarthy is a veteran advertising creator for Republican candidates, and was one of the strongest creative forces behind the infamous 1988 “Willie Horton” ad, which many considered to be extraordinarily racist (see September 21 - October 4, 1988). In 2010, McCarthy served as a media strategist for the American Future Fund, which launched attack ads attempting to link Democrats to the Park 51 community center in Manhattan, deemed by conservatives as the “Ground Zero Victory Mosque” and mischaracterized as a monument celebrating the 9/11 attacks. Those ads were decried by many as being bigoted against Muslims. McCarthy has brushed off criticism of his ads, and said the fact-checking organizations that found his ads to be flawed suffered from a pro-Democratic bias. Think Progress reporter Lee Fang will write that when he tried to find the American Future Fund office in Iowa, the address listed for the group turned out to be a UPS mailbox in a strip mall near an airport. Fang will write, “With a record of such secrecy and racist, anything-goes campaign tactics, one can expect Romney’s new outside group to be just as ugly in the presidential race.” [Politico, 10/29/2010; Think Progress, 6/27/2011]
Entity Tags: Charles R. Spies, Washington Post, Willard Mitt Romney, Carl Forti, American Future Fund, American Crossroads, 2012 Obama presidential election campaign, US Supreme Court, Bill Burton, Think Progress (.org), Public Campaign Action Fund, Larry McCarthy, Gail Gitcho, Federal Election Commission, Dave Levinthal, Lee Fang, Restore Our Future, Priorities USA Action, Mitt Romney presidential campaign (2012)
Timeline Tags: Civil Liberties, 2012 Elections
The US Supreme Court strikes down part of an Arizona law providing public funding for political campaigns. In the case of Arizona Free Enterprise Club’s Freedom PAC v. Bennett, the Court rules 5-4 that a provision in Arizona law providing additional funds to publicly funded candidates whose opponents use private donations to outspend them is illegal. Some opponents of unfettered outside spending feared that the Court would use the case to put an end to most, if not all, programs that provide public money to candidates; Think Progress’s Ian Millhiser explains: “Candidates will only agree to accept public financing if it won’t prevent them from running a competitive race. If a state offers only a few thousand dollars in public funds to a candidate whose opponent is backed by tens of millions of corporate dollars, then the non-corporate candidate will have no choice but to raise money on their own. To defend against this problem, Arizona developed a two-tiered public financing system. Candidates receive additional funds if their opponent or corporate interest groups overwhelm them with attack ads, and thus candidates who are determined not to be tainted by the corrupting influence of major donors are not left defenseless.” The ruling will not have an impact on the presidential race, since the federal public financing system lacks such a provision, and since it seems unlikely that either President Obama or his Republican challenger Mitt Romney (R-MA) will use public financing in 2012. The case was brought by two organizations, the Institute for Justice and the Goldwater Institute, on behalf of Arizona state candidates who rejected public funds. The groups argued that the provision infringed on those candidates’ freedom of speech by compelling them to spend less money to avoid triggering the additional funds.
Majority, Minority Opinions - Writing for the majority, Chief Justice John Roberts agreed: “We hold that Arizona’s matching funds scheme substantially burdens protected political speech without serving a compelling state interest and, therefore, violates the First Amendment.” The matching funds provision “imposes an unprecedented penalty on any candidate who robustly exercises [his] First Amendment right[s],” Roberts adds. If the provision is allowed to stand, “the vigorous exercise of the right to use personal funds to finance campaign speech” leads to “advantages for opponents in the competitive context of electoral politics.” The privately funded candidate, Roberts writes, must “shoulder a special and potentially significant burden” when choosing to exercise his First Amendment right to spend funds on behalf of his candidacy. Justice Elena Kagan dissents, writing that the plaintiffs “are making a novel argument: that Arizona violated their First Amendment rights by disbursing funds to other speakers even though they could have received—but chose to spurn—the same financial assistance. Some people might call that chutzpah.”
Reactions - Attorney Bill Maurer, who represented the Institute for Justice, says the ruling “makes clear that the First Amendment is not an exception to campaign finance laws; it is the rule” (see January 30, 1976 and January 21, 2010). He adds that he hopes the ruling will serve as “a clear reminder to government officials that they may not coerce speakers to limit their own speech.” Millhiser writes: “So public financing laws can technically remain, but Arizona’s attempt to protect publicly financed candidates from a wave of corporate attack ads is absolutely forbidden. Moreover, because few candidates can know in advance whether the will face an onslaught of hostile corporate ads, most candidates will hedge their bets and avoid the risk of public financing.… Without unlimited corporate money in elections, most candidates could afford to take public funds unless their opponent had unusual access to wealth or wealthy donors.” Referring to the 5-4 Citizens United decision (see January 21, 2010), Millhiser continues, “In the post-Citizens United America, however, no one is safe from corporate America’s nearly bottomless pool of potential campaign expenditures.” Nick Nyhart of Public Campaign, an organization opposed to the unrestricted influence of outside donors, says, “The five-vote Big Money majority on the court has spoken again in favor of wealthy special interests.” Fred Wertheimer of the campaign finance group Democracy 21 calls the ruling “another seriously misguided campaign finance decision,” but adds “it does not cast any doubt on the continued viability or constitutionality of a number of other existing public financing systems that do not include ‘trigger funds’ or similar provisions.” Common Cause President Bob Edgar says, “This is not the death knell of public financing.” [Politico, 6/27/2011; Think Progress, 6/27/2011]
Plaintiffs Financed by Wealthy Conservative Interests - The next day, Think Progress’s Lee Fang will reveal that the two groups who filed the lawsuit, the Institute for Justice and the Goldwater Institute, are financed by wealthy conservative interests. The Institute for Justice, a group dedicated to bringing cases to court in order to deregulate private corporations and to increase the participation of wealthy corporate interests in elections, was created with “seed money” from oil billionaire Charles Koch (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, May 6, 2006, April 15, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, and September 24, 2010). The Walton Family Foundation, a foundation run by the billionaire family of Arkansas retailer Sam Walton (the founder of Wal-Mart), has donated $1.64 million to the group. The Foundation has written that the Citizens United decision and the Arizona case are two top priorities for the Institute. The Goldwater Institute, one of Arizona’s most prominent conservative think tanks, is focused on rolling back health care reform. The Institute is funded by several foundations, including the Walton and the Charles Koch Foundations. Fang notes that much of the funding for both groups remains undisclosed. [Think Progress, 6/28/2011]
Entity Tags: Fred Wertheimer, Elena Kagan, Bob Edgar, Bill Maurer, Barack Obama, Willard Mitt Romney, Walton Family Foundation, US Supreme Court, Nick Nyhart, Institute for Justice, John G. Roberts, Jr, Ian Millhiser, Goldwater Institute, Lee Fang, Charles Koch
Timeline Tags: Civil Liberties
The Reverend Phillip “Flip” Benham, director of Operation Save America, once known as Operation Rescue (see 1986, July 1988, August 1988, July-August 1991, January 7, 1998, April 20, 1998, October 23, 1998, and January 13, 2003), is convicted of stalking a Charlotte, North Carolina, doctor. A jury takes a little over 90 minutes to convict Benham. One juror tells a reporter that it was obvious after looking at the stalking statute that Benham “violated every part of it.… He went to the doctor’s house. He went into the doctor’s office and took pictures. He spoke to neighbors and called him a murderer. That is harassing. That causes fear.” Mecklenburg County prosecutors say Benham sought to scare the doctor from practicing in Charlotte. Benham, whose group operates out of nearby Concord, North Carolina, was convicted of the same charges almost a year earlier (see November 8, 2010), but exercised his right to a jury trial. He is convicted of misdeameanor stalking because he distributed posters with a doctor’s name and photo on “Wanted” posters. The posters read, “Wanted… By Christ, to Stop Killing Babies.” The doctor in question provides abortions. Benham also illegally entered the doctor’s home and his clinic to take photographs, and he and his supporters posted hundreds of the “Wanted” flyers around the doctor’s neighborhood. Benham is sentenced to 18 months’ probation and ordered to stop his behaviors. The “abortion industry” and the city of Charlotte have succeeded in “removing our voice from the street,” Benham says. “I can’t speak. I can’t get within 500 feet. They’ve stolen from innocent babies a voice that has spoken for them.” Several other abortion providers have been murdered after similar flyers were distributed in other cities, including Dr. David Gunn (see March 10, 1993), Dr. George Patterson (see August 21, 1993 and After), Dr. John Britton (see July 29, 1994), and Dr. George Tiller (see May 31, 2009). DuVergne Gaines, the legal coordinator for the Feminist Majority Foundation, which provides legal and security assistance to Charlotte-area women’s health clinics, says, “For too long, Benham and his organization have been able to stalk and terrorize abortion providers and their families with impunity.” Benham’s lawyer says he will file an appeal, and says Benham’s actions have nothing to do with the murders of the previous doctors. Benham says he will continue to protest at other abortion clinics; as for the doctor he was convicted of stalking, he says, “There will be other people who will come and stand up for what’s right.” [Charlotte Observer, 7/2/2011]
Ohio Governor John Kasich (R-OH) signs a sweeping election measure that may, if it goes into effect, prevent hundreds of thousands of Ohio citizens from voting in November. Parts of the law are being challenged in court, and an effort to repeal it via a voter referendum is underway. The law shortens Ohio’s early voting period, bans in-person early voting on Sunday (a measure many believe is designed to thwart the historic “Souls to the Polls” activities often used by African-American churches to help their congregations vote), and prohibits boards of election from mailing absentee ballot requests to voters. Democrats in the Ohio legislature fought against the bill, but were outvoted in the final votes in both chambers. Former Ohio Secretary of State Jennifer Brunner (D-OH) says the law places undue barriers on voters and must be repealed. “It’s an accumulation of small procedural changes that add up to be the potential for long lines, dissatisfied voters, and less certainty on election results,” she says. Many of the law’s provisions came from current Secretary of State Jon Husted (R-OH). He has argued that Ohio’s 88 counties need uniform voter procedures. He claims the law has no political aspects nor any political ramifications. Brunner and other critics admit that parts of the bill are positive, particularly language that brings Ohio’s elections laws in line with federal court decisions, and they do not intend to challenge the law’s moving the state’s presidential primary from March to May. Provisions being challenged include:
reducing the early-voting window from the current 35 days before Election Day to 21 days for voting by mail and 17 days for voting in person, eliminating the so-called “golden week” when people could register and vote on the same day;
limiting Saturday in-person, early voting from 8 a.m. to noon and banning Sunday voting outright;
prohibiting in-person early voting the weekend before Election Day;
banning local boards of elections from mailing unsolicited absentee ballot requests to voters and prohibiting the boards from paying the return postage on the applications or ballots; and
specifying that poll workers may—but are not required—to tell voters they are in the wrong precinct. [American Civil Liberties Union, 2011; Associated Press, 7/15/2011; Columbus Dispatch, 7/29/2011]
The law does not contain a controversial voter ID provision, but House Republicans want the Senate to pass a separate photo ID requirement later in July. The Senate seems to be leaning towards allowing a voter ID provision, but giving voters without the “proper” identification the alternative of casting a provisional ballot, a measure supported by Husted. Representative Lou Blessing (R-OH) says, “It’s almost ludicrous to think anyone is being suppressed” by the bill. [Columbus Dispatch, 7/29/2011] Many critics find the provision that allows poll workers to refuse to help voters to be particularly onerous. State Senator Nina Turner (D-OH) notes, “Voting in the wrong precinct led to over 14,000 registered voters statewide [losing] their vote in 2008,” a statement rated “true” by the nonpartisan fact-checking organization PolitiFact. Most of those votes were cast in what the Cleveland Plain Dealer called “urban and impoverished areas of the state,” which traditionally lean Democratic. Turner says of state Republicans, “I guess the loss of votes for some doesn’t matter.” [Think Progress, 7/5/2011] Overall, the Columbus Dispatch will conclude that some 234,000 voters in Columbus alone who successfully cast their ballots in 2008 would find themselves either entirely disenfranchised by the new law or facing new hurdles to casting their votes. Representative Marcia Fudge (D-OH) says the law overturns many of the reform measures passed after the 2004 elections, when many critics believe voter restrictions had a huge impact on the outcome in the presidential election in Ohio. “The only reason to limit these requirements is to limit voting and to strip targeted populations of their right to vote,” she says. “Anyone who values our democracy can understand why it is necessary to make voting easier for citizens, not more difficult.” Ohio Board of Elections chairman Doug Preisse, who chairs the Franklin County Republican Party, is also concerned about the new bill. “I could quibble with a few aspects because I’m looking at it from the challenge of running elections in a big county,” he says. “Did they get it right this time? I’m not sure.” [Think Progress, 7/25/2011]
Provisions for indefinite detention included in the 2012 “National Defense Authorization Act,” an annual ‘must pass’ defense spending bill, begin to generate controversy soon after the proposed text is published. The language drafted by the Senate Armed Services Committee provides for indefinite military detention, without charge or trial, of essentially anyone accused of supporting or being associated with groups “engaged in hostilities” with the United States, including US citizens. The American Civil Liberties Union (ACLU) begins monitoring the proceedings and urging the public to oppose the bill. [ACLU.org, 7/6/2011] Other civil liberties and human rights groups will follow suit, including Amnesty International, the Center for Constitutional Rights (CCR), Human Rights Watch (HRW), and the Bill of Rights Defense Committee. The ACLU, CCR, and HRW point out that indefinite detention without charge or trial has not been codified since the McCarthy era. [ConstitutionCampaign.org, 12/6/2011; HRW.org, 12/15/2011; CCRJustice.org, 1/4/2012; Amnesty International, 1/5/2012] Constitutional experts Jonathan Turley and Glenn Greenwald will repeatedly condemn the bill’s indefinite military detention provisions. [Jonathan Turley, 1/2/2012; Salon, 12/15/2012] Two retired four-star Marine Generals, Charles C. Krulak and Joseph P. Hoar, will criticize the NDAA’s indefinite detention provision in an op-ed published in the New York Times, writing that under the law, “Due process would be a thing of the past.” And, “[T]his provision would expand the battlefield to include the United States—and hand Osama bin Laden an unearned victory long after his well-earned demise.” [New York Times, 12/13/2011] Congress will pass the bill on December 15 (see December 15, 2011) and President Obama will sign it into law on December 31 (see December 31, 2011). A poll conducted shortly after the bill is passed by Congress will find that only one in four likely voters support the NDAA (see December 22-26, 2011). After the bill is signed into law, states and municipalities will begin to pass laws and resolutions opposing the bill (see December 31, 2011 and After).
Two members of the Service Employees International Union (SEIU), Elston McCowan and Perry Molens, are found not guilty of assaulting tea party activist Kenneth Gladney. Gladney claimed he had been beaten by McCowan, Molens, and perhaps others during a contentious town hall forum in St. Louis two years ago (see August 6-8, 2009); Gladney, who was not injured during the momentary altercation between himself and union representatives at the forum, went on Fox News and other media venues in a wheelchair after the incident, claiming to have been badly beaten and asking for donations (see August 8, 2009). McCowan and Molens were charged with assault and interfering with police. The interference charges were later dropped. If convicted, the two could have faced up to a year in prison and a $1,000 fine. The jury deliberated for about 40 minutes before declaring both men innocent. Asked why Gladney lost, Molens, referring to both Gladney and his tea party backers, says, “They lost because they lied, it’s as simple as that.” Molens says he has received death threats from tea party members since the incident. Gladney has become a regular speaker at area events, where he discusses the “savage beating” he received at the hands of “union thugs.” Paul D’Agrosa, the lawyer representing both McCowan and Molens, says his clients were exonerated because the matter was tried in court: “It wasn’t tried on the Internet. It wasn’t tried on the blogosphere.” D’Agrosa is referring to the innumerable videos of the incident, some heavily edited and altered, along with interviews of Gladney and commentaries made by a number of conservative bloggers (see August 7, 2009) as well as a number of national media figures (see August 7-8, 2009 and August 10, 2009), including some from Fox News (see Early November 2009). Keith Gladney, the twin brother of Kenneth Gladney, says of the verdict: “It’s atrocious. It’s obvious. The legal system here has come to the point where you can beat somebody up and still get off.” McCowan and Molens claimed in court that Gladney, who was selling anti-Obama buttons outside the forum, began the altercation by slapping McCowan’s hands when the two asked him about the merchandise he was selling. When Gladney slapped McCowan a second time, McCowan pushed him. According to Molens, Gladney then “started punching him in the face. I tried pulling him off.” The altercation escalated, with more shoving and punches being thrown; McCowan suffered a fractured shoulder during the altercation, but Gladney was the one claiming to have suffered extensive injuries. Video clips and testimony from onlookers supported McCowan and Molens’s version of events. McCowan, a Baptist minister, got chuckles in the courtroom when he testified that he didn’t turn the other cheek because it “hadn’t gotten hit yet.” [St. Louis Post-Dispatch, 7/12/2011; Media Matters, 7/13/2011]
A mysterious company that donated $1 million to a political action committee (PAC) favoring presidential candidate Mitt Romney (R-MA) dissolves just months after its formation, leading some to speculate that its only purpose was to make political donations. The company, W Spann LLC, was formed on March 15, 2011 by Boston lawyer Cameron Casey, who specializes in estate tax planning—“wealth transfer strategies”—for “high net worth individuals,” according to corporate records and the lawyer’s biography on her firm’s Web site. Casey filed a “certificate of formation” with the Delaware Secretary of State’s office, but provided no information about the firm. The only address listed was that of a Wilmington, Delaware, registered agent service, Corporation Service Company, which provides such services for many companies. That firm refuses to discuss its clients. Spann’s address was listed as 590 Madison Avenue, New York City, a midtown Manhattan office building, but the building’s management firm, Minskoff Equities, shows no records of any such tenant. On April 28, W Spann LLC donated $1 million to Restore Our Future, a “super PAC” (see 2000 - 2005 and June 30, 2000) aligned with the Romney campaign (see June 23, 2011). Casey dissolves the company today, two weeks before Restore Our Future makes its first campaign filing of the year reporting the donation, by filing a “certificate of cancellation.” Lawrence Noble, the former general counsel of the Federal Election Commission (FEC), says, “I don’t see how you can do this,” when asked about the donation. If the only purpose of Spann’s formation was to contribute to the pro-Romney group, “There is a real issue of it being just a subterfuge” and that could raise a “serious” legal issue, Noble says. At least, “[w]hat you have here is a roadmap for how people can hide their identities” when making political contributions. Casey will refuse to discuss the matter with the press, and her employer, the law firm Ropes & Gray, will say through a spokesman that it cannot comment. (Ropes & Gray has as a longtime client Bain Capital, the firm formerly headed by Romney. The law firm has its offices at 590 Madison.) Restore Our Future campaign treasurer Charles Spies, a former Romney campaign official, will also refuse to answer questions about Spann. He will say, “Restore Our Future has fully complied with, and will continue to comply with, all FEC disclosure requirements.” A Romney campaign official will later add, “Mitt Romney follows both the letter of the law and the spirit of the law in all circumstances.” Bain Capital spokesperson Alex Stanton says of W Spann: “Bain Capital has many employees who actively participate in civic affairs, and they individually support candidates from both parties. The firm takes no position on any candidate, and the entity in question is not affiliated with Bain Capital or any of our employees.” Critics say the Spann story shows how easily disclosure requirements are being avoided in the aftermath of the Citizens United decision (see January 21, 2010). “This is sham disclosure. It’s a barrier to disclosure,” says Michael Malbin of the Campaign Finance Institute. It is another example of how American political campaigns have gone “back to the future” and to the “pre-Watergate days” (of 1972) when Richard Nixon was raising unlimited amounts of money without disclosure, Malbin says. [MSNBC, 8/4/2011]
Entity Tags: Lawrence M. Noble, Bain Capital, Alex Stanton, Cameron Casey, Corporation Service Company, Restore Our Future, W Spann LLC, Michael Malbin, Minskoff Equities, Charles R. Spies, Ropes & Gray, Willard Mitt Romney
Timeline Tags: Civil Liberties, 2012 Elections
On a 259-169 vote, the US House of Representatives passes an amendment that would “prohibit the use of funds to implement any rule, regulation, or executive order regarding the disclosure of political contributions.” The amendment to an unrelated bill was introduced by Representative Rodney Frelinghuysen (R-NJ) on June 24, 2011. The amendment is aimed at preventing the Obama administration from implementing any policy or executive order that would force disclosure on the anonymous corporate donors that have spent tens of millions of dollars influencing elections since the Citizens United ruling (see January 21, 2010). Eighteen Democrats join almost every Republican in voting for the amendment. Ian Millhiser of the liberal news Web site Think Progress speculates that many of those voting for the amendment were influenced by a huge corporate public relations and lobbying effort against campaign finance. After the media revealed that the Obama administration was considering issuing an executive order that would force government contractors to disclose their campaign donations (see April 20, 2011 and May 26, 2011), as Millhiser writes, “industry groups responded by ginning up paranoid fantasies claiming that the administration would use these disclosures to create a ‘pay to play’ scenario where only contractors who donate to Democratic causes could receive contracts.” Recent history, however, indicates that mandated disclosure would bring about the opposite effect, Millhiser writes. He recalls the 2008 resignation of Housing and Urban Development Secretary Alphonso Jackson, who was implicated in a huge scandal involving his office’s illegal contracting practices, wherein President Bush’s political opponents were denied government contracts while “personal cronies” were awarded contracts. “Had a disclosure rule been in effect,” Millhiser writes, “it would have been possible to compare the donation patterns of all government contractors against who was awarding them contracts, and systematically uncover examples of political corruption. Transparency is the enemy of corruption—not the means to implement it.” [Washington Post, 5/15/2011; US House of Representatives, 7/15/2011; Think Progress, 7/18/2011]
Raisuddin Bhuiyan (left) and Mark Anthony Stroman. [Source: Think Progress]Ten years after a white supremacist attempted to murder him out of hatred for Middle Easterners, Rais Bhuiyan asks the court not to execute the man. Mark Anthony Stroman was convicted of murdering another store owner, Vasudev Patel, after incorrectly deciding that he was a Muslim (see October 4, 2001 and After). Stroman’s murder of Patel, along with his attempted murder of Bhuiyan, was part of a killing spree he has admitted to engaging in after the 9/11 attacks in what he has called “revenge.” Bhuiyan founded an organization, “World Without Hate,” which advocates clemency for Stroman. Bhuiyan tells a London reporter: “I never hated Mark and I never felt angry at him. He did what he did because he was ignorant. He wasn’t capable of distinguishing between right and wrong. It took him several years to come to that realization, but it did come to him.” To New York Times reporter Timothy Williams, Bhuiyan explains that he is following the precepts he was taught as a child. His parents and teachers “raised me with good morals and strong faith,” he says. “They taught me to put yourself in others’ shoes. Even if they hurt you, don’t take revenge. Forgive them. Move on. It will bring something good to you and them. My Islamic faith teaches me this too. He said he did this as an act of war and a lot of Americans wanted to do it but he had the courage to do it—to shoot Muslims. After it happened I was just simply struggling to survive in this country. I decided that forgiveness was not enough. That what he did was out of ignorance. I decided I had to do something to save this person’s life. That killing someone in Dallas is not an answer for what happened on September 11.” Bhuiyan has attempted to meet with Stroman, and says if he is allowed to meet with him, “I would talk about love and compassion. We all make mistakes. He’s another human being, like me. Hate the sin, not the sinner. It’s very important that I meet him to tell him I feel for him and I strongly believe he should get a second chance. That I never hated the US. He could educate a lot of people. Thinking about what is going to happen makes me very emotional.” Williams also is able to receive a typewritten response from Stroman, who is awaiting execution; Stroman includes a photograph of the stricken World Trade Center with his response. In his written response, Stroman calls Bhuiyan “an inspiring soul” who has “Touched My heart and the heart of Many Others World Wide… Especially since for the last 10 years all we have heard about is How Evil the Islamic faith Can be… its proof that all are Not bad nor Evil.” He calls Bhuiyan “a Remarkable man… Who is a Survivor of My Hate.” He praises the strength of Bhuiyan’s “Islamic Beliefs” which have given “him the strength to Forgive the Un-forgivable.” He says that Bhuiyan’s faith has deepened his understanding of his own Christian faith. “A lot of people out There are still hurt and full of hate, and as I Sit here On Texas Death watch counting down to my Own Death, I have been given the chance to openly Express whats inside this Texas Mind and heart, and hopefully that something good will come of this.” Stroman also tells a CBS reporter: “I acted out of rage, love, and stupidity. It’s sad, my split second of hate and anger after 9/11 has caused many people lifetimes of pain and I regret that to this day.… I’ve come from a person with hate embedded into him into a person with a lot of love and understanding for all races.” Bhuiyan says that response is the point of his pleas: “We have to break the cycle of this hate and violence.” Bhuiyan is now suing Texas to stop the execution, claiming his rights as a victim were ignored. [Independent, 7/9/2011; American Civil Liberties Union, 7/14/2011; New York Times, 7/18/2011; CBS News, 7/18/2011; Think Progress, 7/19/2011] He says Texas prosecutors “pushed forward with the death penalty” without consulting him or the families of the other victims as required under the Texas Crime Victims’ Bill of Rights. Neither he nor the families of the other victims were informed of their rights under the legislation that Governor Rick Perry promoted as a guarantee of justice for the victims of crime, Bhuiyan says. “Along with families of the other victims in the case, I have been ignored and sidelined, year after year,” Bhuiyan told reporters on July 15. “If Governor Perry really means it when he says victims’ rights are a priority, we need action rather than hollow words.” [The Australian, 7/16/2011] Under the new law, Bhuiyan has the right to a “victim-offender mediation coordinated by the victim services division of the Texas Department of Criminal Justice” with Stroman. [American Civil Liberties Union, 7/14/2011] Dr. Rick Halperin, an anti-death penalty activist from Dallas, says: “If the board recommends clemency and Perry grants it, it would be a major paradigm shift. If they don’t then it’s going to raise serious questions about what is the nature of clemency when the victims of a crime, the survivor of a crime, don’t want this to happen.” [Independent, 7/9/2011] Bhuiyan’s efforts will fail, and Stroman will be executed (see July 20, 2011).
Mark Anthony Stroman on his way to the death chamber. [Source: CBS DFW / London Daily Mail]Mark Anthony Stroman is executed for murdering a store owner he believed to be a Muslim in the days after the 9/11 attacks (see October 4, 2001 and After). A federal judge and Supreme Court Justice Antonin Scalia rejected pleas from one of his victims, Rais Bhuiyan, to spare his life (see September 21, 2001 and (July 18, 2011)). Stroman, then a white supremacist and member of the Aryan Brotherhood, went on a killing spree in the Dallas, Texas, area after the 9/11 attacks, claiming it was his duty as an American to seek revenge for the attacks and citing the death of his sister in the attacks (a claim lawyers and authorities cannot verify). But since Bhuiyan began his attempts to win clemency for Stroman, Stroman claimed his mindset changed. He recently told a reporter, “I was an uneducated idiot back then and now I’m a more understanding human being.” Stroman is pronounced dead from lethal injection at 8:53 p.m. at the Texas Department of Criminal Justice Huntsville Unit. From the death chamber, Stroman asked for God’s grace and said hate in the world had to stop. “Even though I lay on this gurney, seconds away from my death, I am at total peace,” he said. “God bless America. God bless everyone.” Turning to the warden, he issues his final words: “Let’s do this damn thing.” [Chicago Tribune, 7/20/2011; CNN, 7/20/2011; Daily Mail, 7/21/2011]
Law professor John Yoo, who during his tenure at the Justice Department wrote memos defending torture and the right of the executive branch to conduct its business in secret (see March 1996, September 25, 2001, September 25, 2001, October 4, 2001, October 23, 2001, October 23, 2001, November 2, 2001, November 5, 2001, and November 6-10, 2001), co-authors an article for the far-right American Enterprise Institute that attacks the Obama administration for considering the idea of an executive order to require government contractors to disclose their political contributions (see April 20, 2011 and May 26, 2011). The article, by Yoo and lawyer David W. Marston, is entitled “Overruling Citizens United with Chicago-Style Politics,” a reference to some of the unsavory and often-illegal political machinations undertaken by Chicago Democrats. The article repeatedly compares the Obama administration to the Nixon administration’s attempts to “use the available federal machinery to screw [their] political enemies,” as Yoo and Marston quote from a 1971 Nixon White House memo. Yoo and Marston say that the Obama administration, in an effort to recoup its losses from the Citizens United decision (see January 21, 2010]), “is making an unprecedented assault on free speech” by considering the executive order and by pushing the DISCLOSE Act (see July 26-27, 2010). (Yoo and Marston claim that the DISCLOSE Act, if passed into law, “would have forced all those doing business with the government to give up their ability to participate in the political process, as is their right under the First Amendment, aside from just voting on Election Day.”) They write: “Under the guise of ‘transparency’ and ‘accountability,’ the order curtails constitutionally protected speech rights and opens the door for retaliation against those not supporting the administration politically,” and go on to observe that in their opinion, this “assault on free speech” (see January 21, 2010 and January 22, 2010) is being joined by “the media [and] defenders of free speech.” Yoo and Marston claim that the Founding Fathers intended for corporations and other entities to be able to involve themselves in politics entirely anonymously, citing the example of Alexander Hamilton, John Jay, and James Madison publishing the Federalist Papers under the nom de plume “Publius.” Indeed, Yoo and Marston write, “disclosure of political contributions may be a prelude to the thuggish suppression of political speech by harassment and intimidation,” and they cite the instances of boycotts, vandalism, and death threats against people in California who donated money in support of Proposition 8, which declared gay marriage illegal. “Mandated disclosure of financial support for a political viewpoint can become the springboard for lawless retaliation against citizens for holding unpopular views,” the authors write. “Disclosure” and “transparency,” the “wonder drugs du jour,” are already “being used to silence core First Amendment speech rights and to threaten America’s long protection of anonymous political speech,” they contend, and claim that “thugs” are attempting to use violence and intimidation to nullify the Citizens United decision, force the issuance of the Obama executive order, and push the Federal Election Commission (FEC) to expand disclosure requirements. Only allowing financial donors to remain secret, the authors say, protects their rights to free speech and political involvement. “[D]isclosure invites retaliation,” they argue; only secrecy can protect free speech. The authors even cite a case brought on behalf of the NAACP, in which the organization was allowed to keep its membership lists secret for fear of attacks on its members or their families by white supremacists. [American Enterprise Institute, 7/20/2011] Ian Millhiser, a legal expert for the liberal news Web site Think Progress, angrily rebuts Yoo and Marston’s claims. Millhiser, referencing Yoo’s opinions issued during his stint in the Bush administration, writes, “If there is anyone in the universe who should think twice before criticizing a government lawyer for enabling a president to break the law, it is John Yoo.” He goes on to criticize Yoo’s legal thinking in the article, noting that the Citizens United ruling held that “disclosure could be justified based on a governmental interest in ‘provid[ing] the electorate with information’ about the sources of election-related spending.” Millhiser writes: “President Obama’s proposed executive order provides the electorate with information about the sources of election-related spending. So Yoo’s entire argument can be rebutted in exactly two sentences.” After rebutting other portions of Yoo and Marston’s arguments, Millhiser concludes, “Yoo’s defense of corporate America’s power to secretly buy elections is weak even by his own tragically incompetent standards.” [Think Progress, 7/22/2011]
In an interview with CBS News’s Scott Pelley, House Speaker John Boehner (R-OH) says that he got “98 percent” of what he wanted in a deal with Senate Democrats and the White House in the just-concluded debt ceiling extension legislation. Boehner says he and his House Republicans successfully blocked a comprehensive “grand bargain” with the Obama administration because, as he says, the “president was insisting on more taxes [and] never got serious about the kind of spending cuts that were necessary in order to get America back on a sound fiscal footing.” He tells Pelley that he “walked away” from Obama’s final proposal. “We had a lot of productive conversations, a lot of tense conversations,” Boehner says. “But it became pretty clear to me that I wasn’t going to be for higher taxes, and the president wasn’t going to cut spending as he should.… I told the president: ‘I’m not going there. I can’t do that.’” Boehner says that he has no intention at this time of ever supporting revenue increases of any sort, whether it be tax increases, closing of corporate tax loopholes, or other ways to bring more revenue into federal government; instead, he hopes that the future focus of Congressional debate “will be on reducing expenditures coming out of Washington.” Asked if Republicans would ever support tax increases, Boehner says: “I think that would be a stretch. It doesn’t seem likely to me that that would be recommended, much less supported, but I’ve been surprised before.” He concludes: “When you look at this final agreement that we came to with the White House, I got 98 percent of what I wanted. I’m pretty happy.” Sixty-six House Republicans voted against Boehner’s final plan, though it passed both chambers and was signed into law by Obama hours before the US would have defaulted on its debt. According to the Congressional Budget Office, the deal cuts federal deficits by $2.1 trillion over 10 years while also raising the debt limit by an equal amount. The deal also creates a joint, bicameral committee of legislators charged with finding additional cuts. [CBS News, 8/1/2011; The Hill, 8/1/2011] Days later, Standard & Poor’s cuts the US credit rating (see August 5, 2011). Republicans, including Boehner, will blame Obama for the legislation and the resulting credit reduction (see August 6-9, 2011).
The Civil Court of Martigny and St. Maurice orders FIFA, the FIFA subsidiary Transfer Matching System GmbH, and the Swiss Football League to allow six FC Sion players to play with immediate effect. The players were signed during a transfer ban (see Summer 2011), so FIFA claims they cannot be fielded, and the Swiss Football League had ruled to this effect (see July 15, 2011 and July 29, 2011). However, the league’s rulings are now overturned. [FIFA, 11/18/2011] Two days later, the Swiss Football League issues a statement saying that the players can be used until a further court ruling. [Swiss Football League, 8/5/2011] The same judge will later affirm his ruling (see September 27, 2011), but it will be overturned by a higher court (see November 16, 2011).
A dozen wealthy donors have contributed over half of the money collected by so-called “super PACs” in the first half of 2011, according to an analysis by USA Today. Super PACs are political organizations that exist to influence elections, which take unlimited amounts of outside money from donors, including individuals, unions, and corporations, and pool that money to advocate for or against a candidate (see March 26, 2010). By law, super PACs are supposed to operate independently of a candidate’s official campaign organization.
Majority of Donors Republican Contributors - The majority of those donors are contributing to Republican/conservative organizations, and overall, Republican organizations are outraising Democratic organizations by a 2-1 margin. American Crossroads, the organization formed by former Bush political advisor Karl Rove, has collected $2 million from billionaire Jerry Perenchio, another million from billionaire Robert B. Rowling, and $500,000 from Texas real estate billionaire Bob Perry. The super PAC supporting the Obama reelection campaign, Priorities USA Action, founded by former Obama spokesperson Bill Burton, has collected $2 million from Hollywood mogul Jeffrey Katzenberg, and $500,000 each from media owner Fred Eychaner and from the Service Employees International Union (SEIU). The super PAC supporting the presidential campaign of Mitt Romney (R-MA), Restore Our Future (see June 23, 2011), has received million-dollar donations from hedge fund manager John Paulson, Utah firms Eli Publishing and F8 LLC, and the shadowy W Spann LLC (see July 12, 2011). It has also received half a million each from Perry, financiers Louis Moore Bacon and Paul Edgerly, Edgerly’s wife Sandra Edgerly, New Balance Athletic Shoes executive James S. Davis, J.W. Marriott of the hotel chain Marriott International, and Richard Marriott of Host Hotels and Resorts. Meredith McGehee of the Campaign Legal Center says: “The super PACs are for the wealthy, by the wealthy, and of the wealthy. You’re setting up a dynamic where the candidates could become bit players in their own campaigns,” particularly in less-expensive races for the House of Representatives. Katzenberg says his donation to the Obama-supporting super PAC was because of the increasing dominance of “Republican extremists” in national elections: “The stakes are too high for us to simply allow the extremism of a small but well-funded right wing minority to go unchallenged.” Charles Spies, the treasurer of Restore Our Future and Romney’s former general counsel, refuses to discuss donors, but says, “Donors recognize Mitt Romney is the most experienced and qualified candidate to challenge President Obama’s record of out-of-control, big government spending.” One donation drawing scrutiny is a $193,000 donation to the presidential campaign of Governor Rick Perry (R-TX) from a group called Americans for Rick Perry. The primary funder of that group is Texas billionaire Harold Simmons, who gave $100,000 to the group 10 days after Perry signed legislation allowing Simmons’s company to accept low-level radioactive waste from other states at its West Texas facility. A Perry spokesman denies any coordination between Simmons and his campaign, and says Perry has not even decided whether to run for president. Simmons helped fund the 2004 group Swift Boat Veterans for Truth, which launched a powerful campaign that smeared then-presidential candidate John Kerry (D-MA) and his Vietnam War record. American Crossroads has reported raising $3.9 million during the first six months of 2011. Its affiliate, Crossroads GPS, has spent $19 million on anti-Democrat advertising so far. That group does not have to report its donors or the amounts it receives. [USA Today, 8/4/2011]
'Recipe for Corruption - Legal expert Ian Millhiser of the liberal news Web site Think Progress comments: “It’s tough to imagine a surer recipe for corruption. Although super PAC’s are prohibited from giving money directly to candidates—one of the few remaining campaign finance laws that wasn’t eviscerated by Citizens United and similar cases (see January 21, 2010)—it’s not like a presidential candidate isn’t perfectly capable of finding out which billionaires funded the shadowy groups that supported their campaign. Moreover, if just a handful of people are responsible for the bulk of these donations, a newly elected president will have no problem figuring out who to lavish favors on once they enter the White House.” [Think Progress, 8/4/2011]
Entity Tags: Charles R. Spies, Robert B. Rowling, Richard Marriott, Bobby Jack Perry, Sandra Edgerly, Service Employees International Union, USA Today, W Spann LLC, A. Jerrold Perenchio, American Crossroads, American Crossroads GPS, Priorities USA Action, Paul Edgerly, Restore Our Future, Bill Burton, Harold Simmons, Meredith McGehee, Fred Eychaner, Eli Publishing, F8 LLC, Ian Millhiser, Louis Moore Bacon, James S. Davis, John Paulson, Karl C. Rove, James Richard (“Rick”) Perry, Jeffrey Katzenberg, J. W. (“Bill”) Marriott
Timeline Tags: Civil Liberties
A three-judge district court in Washington, DC, denies a lawsuit, Bluman v. Federal Election Commission, filed by two foreign citizens asking that they be allowed to contribute money to US political campaigns (see March 2011). Two of the judges, Brett Kavanaugh and Rosemary Collyer, were both appointed to the bench by the Bush administration. The court finds: “[I]t is undisputed that the government may bar foreign citizens from voting and serving as elected officers. It follows that the government may bar foreign citizens (at least those who are not lawful permanent residents of the United States) from participating in the campaign process that seeks to influence how voters will cast their ballots in the elections. Those limitations on the activities of foreign citizens are of a piece and are all ‘part of the sovereign’s obligation to preserve the basic conception of a political community.’” Kavanaugh’s concurrence even cites, briefly, foreign law: “It bears mentioning, moreover, that plaintiffs’ home countries—Israel and Canada—and many other democratic countries impose similar restraints on political spending by foreign citizens. See, e.g., Canada Elections Act [and] Knesset Election Law.” The plaintiffs, identified as Benjamin Bluman and Asenath Steiman, had argued that the Citizens United decision (see January 21, 2010) opened the door for foreign involvement in US elections. The case can be appealed to the Supreme Court. [Memorandum Opinion, 8/8/2011; Think Progress, 8/8/2011; New York Times, 1/5/2012] The Supreme Court will deny the Bluman appeal (see January 9, 2012).
The US Court of Appeals for the First Circuit issues a pair of rulings in two related cases that affirm campaign finance disclosure provisions in Maine and Rhode Island. Both cases were brought by the National Organization for Marriage (NOM), a conservative group that opposes, among other things, state and federal laws granting gays and lesbians the right to marry. The Citizens United ruling (see January 21, 2010) allows for unlimited donations from corporations and labor unions, but also upholds disclosure laws that can be “justified based on a governmental interest in ‘provid[ing] the electorate with information’ about the sources of election-related spending.” NOM’s pair of lawsuits challenged those areas of campaign finance laws in the two states, asking that NOM’s donors be allowed to remain secret. The court denies the lawsuits, writing in part: “In an age characterized by the rapid multiplication of media outlets and the rise of internet reporting, the ‘marketplace of ideas’ has become flooded with a profusion of information and political messages. Citizens rely ever more on a message’s source as a proxy for reliability and a barometer of political spin. Disclosing the identity and constituency of a speaker engaged in political speech thus ‘enables the electorate to make informed decisions and give proper weight to different speakers and messages.‘… Additionally, in the case of corporate or organizational speakers, disclosure allows shareholders and members to ‘hold them accountable for their positions.‘… In short, ‘the First Amendment protects political speech; and disclosure permits citizens and shareholders to react to that speech in a proper way.’” Unless the appellate court’s decisions are overturned, the two states’ campaign disclosure statutes will remain in effect. NOM attorney James Bopp used a number of arguments in court that legal analyst Ian Millhiser will characterize as “paranoid fantasies regarding the impact of disclosure laws,” such as the need for anti-gay groups to keep their donors secret to protect those donors from harassment and threats. Industry groups have argued that government officials intend to use disclosure laws to reward their political allies. Millhiser will observe sardonically, “Because there is nothing dirtier than requiring wealthy individuals and corporations to come out from the shadows and reveal which elections they want to buy.” Similar lawsuits against campaign disclosure laws in Florida and New York, which Millhiser will say are the product of a “coordinated campaign” against disclosure, are pending. A lower court dismissed the New York case, and that decision is in the process of being appealed. [NATIONAL ORGANIZATION FOR MARRIAGE et al v. WALTER F. MCKEE et al, 8/11/2011; NATIONAL ORGANIZATION FOR MARRIAGE v. JOHN DALUZ, 8/11/2011; Policy Shop, 8/16/2011; Think Progress, 8/17/2011] Shortly after the Citizens United ruling, Bopp confirmed that this case, like the Citizens United case and others (see Mid-2004 and After), is part of a long-term strategy to completely dismantle campaign finance law (see January 25, 2010).
William Gheen, the leader of the political action committee Americans for Legal Immigration PAC (ALIPAC), tells conservative radio host Janet Mefferd that President Obama is a “dictator” who is waging war on “white America,” and recommends “illegal and violent” actions to remove him from office. Gheen has previously labeled Obama a “traitor” and accused him of “replacing many core Americans,” referring to whites. ALIPAC is considered a “nativist,” anti-immigrant organization by the Southern Poverty Law Center (SPLC). Gheen and ALIPAC insist that Obama is leading an “invasion” of “white America” by “illegal immigrants” with the ultimate purpose of giving the nation to said immigrants. ALIPAC was instrumental in getting draconian anti-immigration laws passed in Arizona and other states.
Advocacy of Military Coup d'Etat, Calls for 'Illegal and Violent' Actions to Remove 'Dictator Barack Obama' - Gheen tells Mefford: “What Janet Napolitano [the director of homeland security] has spent most of her time doing in the last couple of months has been, one, preparing the new spy network that’s available now, the new data-collecting, see everything you do online, beyond the normal terrorist list that they’re creating, they’re creating a much larger list now of people who might be troublesome here in the country. And putting out videos and propaganda telegraphing what I believe to be a conflict with white America they’re preparing for after they get another 10 or 15 million people in the country to back them up.… We’re no longer referring to him as President Barack Obama, our national organization has made the decision and made the announcement we now refer to him as Dictator Barack Obama. That’s what he is. And basically at this point, if you’re looking for a peaceful, political recourse, there really isn’t one that we can think of, and I’m really not sure what to tell people out there than I guess they need to make decisions soon to just accept whatever comes next or some type of extra-political activities that I can’t really talk about because they’re all illegal and violent.” Gheen goes on to accuse Obama of trying to “integrate” the US economy with those of Canada and Mexico “in a way that bypasses the legislatures,” and says that the military should forcibly remove Obama from office. Later in the interview, Gheen calls on Congressional Republicans to impeach Obama, and says his organization cannot hold marches in Washington, DC, against Obama because he fears Obama has too many supporters among the city’s black and Latino residents. [Right Wing Watch, 8/22/2011; Southern Poverty Law Center, 8/23/2011; Right Wing Watch, 8/24/2011]
'Sharp Rightward Lurch' - The SPLC says that Gheen’s statements “mark a sharp rightward lurch” for him; in recent months, he has pulled ALIPAC out of anti-immigration rallies in Arizona because of the participation of neo-Nazi and skinhead groups in those rallies, and has told group members to have nothing to do with the nativist Minuteman groups after an Arizona Minuteman leader was arrested for the murder of a Latino man and his nine-year-old daughter. However, Gheen and ALIPAC have issued a number of bigoted and racist statements, mostly against Hispanics and homosexuals. [Southern Poverty Law Center, 8/23/2011]
'Clarification' Insists No Call for Violence, Denounces 'Left Wing' 'Attackers' - The day after his appearance on Mefferd’s show, Gheen issues a “clarification” of his statement that accuses “left wing bloggers and groups” of “attack[ing]” him over his comments, and denies making any calls for violence against Obama. “I have always been and remain dedicated to the peaceful political and civic processes to which I have dedicated my life in America,” he writes. “I would never jeopardize my reputation or my cause of securing America’s border by engaging in violent rhetoric or advocacy. I should have been more specific about my comments and indicated that I was reporting the conditions Americans face at the hands of Obama. I should have spoken more like an attorney writing fine print, as I usually have to do. I was asked what people should do now that Barack Obama has bypassed Congress and the US Constitution and instituted the Dream Act Amnesty via dictatorial decree. I mentioned that some groups were looking into lawsuits,” and, referring to his recommendation that groups use “illegal and violent” acts to “depose” the “Dictator Obama,” continues, “I meant that I cannot talk about such things because my job has been to support political campaigns, lobby Congress, do media appearances, send emails, faxes, and educate the public about illegal immigration. I have made it very clear that I disavow any form of violence on many occasions. I cannot delve into the options Barack Obama is forcing on Americans that are concerned about the illegal alien invasion of America.… The only reason I even mentioned that people in America are being forced into a decision between submission or more revolutionary means is because that is the situation that is being created by Dictator Barack Obama, not me.” He boasts that he has “never started a physical fight, but I’ve finished a few in my time and I would never engage in violence against anyone for any reason other than to protect myself and my family from physical harm,” says he has no intention of backing away from any conflicts, and makes more allegations of unfair “attacks” by a number of people and groups, including the SPLC and liberal radio host Alan Colmes. “I never said that any violence was ‘needed,’” he writes, “and I certainly never put the words about anything violent towards Obama. I know clearly that is a violation of federal law. But in the case of many of these supporters of Dictator Obama, they certainly don’t let the truth stop them from going after their enemies.” He goes on to accuse Obama and his administration of shipping thousands of Hispanic immigrants into America for the purpose of attacking white citizens, accuses “illegal aliens” of engineering the “illegitimate” takeover of the US Senate under Democratic leadership, accuses the “left” of “demonizing” the “tea party” movement, and says Obama is using “our stimulus tax dollars” and a number of federal agencies, including “the [B]ATF, DEA, DOJ, FBI, and CIA… to buy thousands of assault rifles for the invading Mexican cartels that are smuggling cocaine, methamphetamine, and illegal aliens into America!” His rhetoric, he writes, is intended to bring America together, not divide it. He concludes by saying that if there is indeed a violent revolution to overthrow the government, he is under too much “scrutiny and hatred” to be able to take part in it, and “will never advocate nor join nor support any violent actions outside of personal self defense because I am committed to the path of peace and nonviolence. I will walk right into the heart of Washington, DC, and confront this dictator unarmed and unafraid with full confidence in my Lord and I will walk as a sheep among wolves. I do not believe that the forces that at are destroying America can be vanquished with the force or arms. I believe this is a spiritual conflict. I believe that only through divine Providence will God save the United States of America.” [Americans for Legal Immigration PAC, 8/23/2011; Right Wing Watch, 8/24/2011]
Denies Using the Words 'Illegal' and 'Violent' - This evening he goes on Colmes’s radio show. Gheen claims he never used the words “illegal and violent” even after Colmes plays that segment of the interview, accuses Colmes of “exploit[ing]” his words, and says that because he advocates non-violence on his Web site, he does not need to do the same on-air: “I should’ve prepared my comments a little bit better so they wouldn’t be exploited by the opposition.” [Alan Colmes, 8/23/2011; Right Wing Watch, 8/24/2011]
Rolling Stone reporter Ari Berman writes that Republican lawmakers across the nation have launched “an unprecedented, centrally coordinated campaign to suppress the elements of the Democratic vote that helped elect Barack Obama in 2008. Just as Dixiecrats once used poll taxes and literacy tests to bar black Southerners from voting, a new crop of GOP governors and state legislators has passed a series of seemingly disconnected measures that could prevent millions of students, minorities, immigrants, ex-convicts and the elderly from casting ballots.” The initiative is ostensibly to counter the “epidemic” of “voter fraud” that Republicans insist is not only plaguing the nation, but affecting the outcome of elections. (In 2007, the Brennan Center released a report that found the instance of voter fraud vanishingly small, and concluded that more people die by lightning strikes than commit voter fraud—see 2007). Judith Browne-Dianis of the Advancement Project tells Berman, “What has happened this year is the most significant setback to voting rights in this country in a century.” As far back as 1980, powerful Republican operative Paul Weyrich told evangelical leaders: “I don’t want everybody to vote. As a matter of fact, our leverage in the elections quite candidly goes up as the voting populace goes down.” In 2010, the American Legislative Exchange Council (ALEC), a group founded by Weyrich and funded in part by the billionaire Koch brothers (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011), began working to disenfranchise hundreds of thousands, perhaps millions, of legitimate voters, almost of all identified as being part of ethnic or gender groups that are more likely to vote Democratic. Thirty-eight states have submitted legislation designed to impede voting “at almost every step of the electoral process.”
Requiring Proof of Citizenship - Kansas and Alabama now require would-be voters to show proof of US citizenship before being allowed to vote.
Impeding Voter Registration - Florida and Texas have passed legislation making it more difficult for groups like the League of Women Voters, an organization widely considered to lean Democratic, to register new voters. Maine repealed same-day registration, which had been in effect since 1973 and had worked to significantly increase voter participation. The Florida legislature passed a law requiring groups to hand in voter registration forms within 48 hours of collection, and imposed what Berman calls “a barrage of onerous, bureaucratic requirements” and serious criminal penalties for those who fail to comply. As a result, many people who once volunteered to help register voters are afraid to do so again. The League of Women Voters says it will no longer operate in Florida, and called Florida’s efforts “good old-fashioned voter suppression.” The Florida statute took effect one day after its passage, under an emergency statute designed for “an immediate danger to the public health, safety or welfare.” Since 2009, Florida has arrested a total of three people for suspected voter fraud. Republican state senator Mike Fasano, one of the few in his party to oppose the restrictions on registrations, says, “No one could give me an example of all this fraud they speak about.”
Curbing Early Voting - Florida, Georgia, Ohio, Tennessee, and West Virginia have cut short early-voting periods. Six states have moved to impose new restrictions on voter registration drives. In 2004, then-Florida governor Jeb Bush (R-FL) said he thought early voting was “great.… It’s another reform we added that has helped provide access to the polls and provide a convenience. And we’re going to have a high voter turnout here, and I think that’s wonderful.” However, his successor Rick Scott (R-FL) does not agree, and neither do most Republicans. After analysis showed what a benefit early voting was for Obama’s numbers, early voting became a key target. Florida has cut early voting days from 14 to 8 days. Ohio, where early voting numbers gave Obama a narrow victory in 2008, has cut its early voting days from 35 to 11, with only limited hours on weekends. Both states have banned voting on the Sunday before elections, when many black churches historically mobilize their constituents. The Early Voting Information Center at Reed College states, “There is no evidence that any form of convenience voting has led to higher levels of fraud.”
Denying Convicted Felons the Right to Vote - Florida and Iowa have passed laws denying convicted felons the right to vote, disenfranchising thousands of previously eligible voters even if they have already served their sentences and have returned to society. Former Florida Governor Charlie Crist (R-FL) restored the voting rights of 154,000 felons convicted of non-violent crimes. In March 2011, after 30 minutes of public debate, Governor Scott overturned that decision, instantly disenfranchising almost 98,000 citizens and prohibiting another 1.1 million convicts from being allowed to vote after they are released from prison. Former President Bill Clinton asked in July: “Why should we disenfranchise people forever once they’ve paid their price? Because most of them in Florida were African-Americans and Hispanics and would tend to vote for Democrats—that’s why.” Iowa Governor Terry Branstad (R-IA) recently took a similar action, overturning his predecessor’s decision to restore voting rights to some 100,000 ex-felons. Until recent years, Iowa saw up to five percent of its residents ineligible to vote, including 33 percent of its African-American residents. Florida, Iowa, Kentucky, and Virginia require former felons to apply for the right to vote to be restored.
Voter Identification - Six states—Alabama, Kansas, South Carolina, Tennessee, Texas, and Wisconsin, all controlled by Republican governors and legislatures—have passed laws requiring an official government ID to cast a ballot. Berman notes that some 10 percent of US citizens lack such identification, and the number of young and black voters, groups that traditionally lean Democratic, are much higher. The turn towards voter ID requirements began in 2008, when the US Supreme Court upheld an Indiana photo-ID requirement even though state lawyers could not produce a single instance of the kind of voter fraud that photo ID laws are designed to prevent. After the ruling, ALEC orchestrated a nationwide move towards photo ID requirements. ALEC wrote draft legislation for Republican legislators based on Indiana’s ID requirement. Five of the states that passed those laws had their legislation submitted by legislators who belong to ALEC. Heather Smith, president of the voter-registration group Rock the Vote, says: “We’re seeing the same legislation being proposed state by state by state. And they’re not being shy in any of these places about clearly and blatantly targeting specific demographic groups, including students.” In Texas, the Republican-dominated legislature passed “emergency” legislation that was signed into law by Governor Rick Perry saying that a concealed-weapons permit is acceptable ID, but a college ID is not. Republicans in Wisconsin effectively disenfranchised every college student by requiring that acceptable IDs contain information that no colleges put on their IDs. Dane County board supervisor Analiese Eicher says, “It’s like creating a second class of citizens in terms of who gets to vote.” In Wisconsin, for example, about half of African- and Hispanic-American citizens do not have a driver’s license, and the state has an extremely small number of Department of Motor Vehicles (DMV) offices—some of which are only open one day a month. Governor Scott Walker (R-WI) attempted to close 16 DMV offices, all in heavily Democratic-voting areas. Berman notes, “Walker planned to close a DMV in Fort Atkinson, a liberal stronghold, while opening a new office 30 minutes away in the conservative district of Watertown.” Democratic governors in five states—Minnesota, Missouri, Montana, New Hampshire, and North Carolina—have all vetoed ID laws. Voters in Mississippi and Montana are considering ballot initiatives requiring voter IDs. Legislation is currently pending in Pennsylvania. Perhaps the most restrictive law was signed into effect by South Carolina Governor Nikki Haley (R-SC). Voters must have a free state ID to vote—but they must pay for a passport or birth certificate. Brown-Dianis says, “It’s the stepsister of the poll tax.” Many elderly black residents who were born at home in the segregated South and were never issued birth certificates can no longer vote unless they go to family court to prove their identity.
Significant Impact on 2012 Voting - Berman writes that when these measures are taken in the aggregate, the turnout of Democrats to the 2012 votes will be significantly smaller, perhaps enough to throw races to Republican candidates. In July, Clinton told a group of student activists: “One of the most pervasive political movements going on outside Washington today is the disciplined, passionate, determined effort of Republican governors and legislators to keep most of you from voting next time. Why is all of this going on? This is not rocket science. They are trying to make the 2012 electorate look more like the 2010 electorate than the 2008 electorate.” Clinton was referring to the 2010 elections, widely considered a Republican “wave” election in part because of far smaller turnouts among young and minority voters than in 2008, and because of a large number of “tea party” voters. Clinton added, “There has never been in my lifetime, since we got rid of the poll tax and all the Jim Crow burdens on voting, the determined effort to limit the franchise that we see today.”
Cracking Down on Voter Fraud? - Republicans insist that voter fraud is rampant in America. Since George W. Bush took office in 2001 after losing the popular vote (see 9:54 p.m. December 12, 2000), his administration made “voter fraud” a top priority for Justice Department prosecutors. In 2006, the DOJ fired two US Attorneys who refused to prosecute patently fraudulent voter fraud allegations. Bush advisor Karl Rove called voter fraud “an enormous and growing problem.” He told the Republican National Lawyers Association that America is “beginning to look like we have elections like those run in countries where the guys in charge are colonels in mirrored sunglasses.” The Republicans successfully destroyed the community activism group ACORN (Association of Community Organizations for Reform Now) after false allegations were made that it was, as Berman writes, “actively recruiting armies of fake voters to misrepresent themselves at the polls and cast illegal ballots for the Democrats.” A massive DOJ probe in 2006 and 2007 failed to prosecute a single person for intentionally impersonating another person at the polls, an action that the DOJ claimed was at the heart of the voter fraud investigation. Eighty-six cases of voter fraud did win convictions, but most of those were immigrants and former felons who did not intentionally cast illegal votes. An enormous investigation in Wisconsin resulted in 0.0007 percent of the electorate being prosecuted for voter fraud. And the Brennan Center report found the instance of voter fraud in America extraordinarily small (see 2007).
Voter Fraud Allegations Dog Obama Victory - Republican lawmakers and activists made a raft of allegations after the November 2008 elections that placed the White House in the hands of Barack Obama (D-IL). The 29 states that register voter affiliation showed a roughly 2-1 increase in new Democratic voters over Republicans for 2008, and Obama won almost 70 percent of those votes. Election reform expert Tova Wang says flatly, “This latest flood of attacks on voting rights is a direct shot at the communities that came out in historic numbers for the first time in 2008 and put Obama over the top.” Berman cites Kansas Secretary of State Kris Kobach as emblematic of the Republican pushback against the Obama victory. Kobach is a former Bush-era Justice Department advisor who helped push through his state’s requirement that every voter prove his or her citizenship, ignoring the fact that Kansas has prosecuted exactly one case of voter fraud since 2006. Kobach used fear of illegal immigrants to help push his requirement through, stating without evidence, “In Kansas, the illegal registration of alien voters has become pervasive.” He also stated that many people were casting ballots in the name of dead voters, and cited the example of Alfred K. Brewer as a dead voter who mysteriously voted in 2008. However, as the Wichita Eagle showed, Brewer is very much alive. “I don’t think this is heaven,” Brewer told the Eagle, “[n]ot when I’m raking leaves.” Representative John Lewis (D-AL), a civil rights crusader who was brutally beaten during the 1960s effort to win voting rights for African-Americans, says bluntly, “Voting rights are under attack in America.” On the House floor in July, Lewis told the assemblage, “There’s a deliberate and systematic attempt to prevent millions of elderly voters, young voters, students, minority and low-income voters from exercising their constitutional right to engage in the democratic process.”
Fighting Voter Disenfranchisement - Voting-rights organizations are fighting back as best they can. The American Civil Liberties Union (ACLU) is challenging several of the new voter-restriction laws in court. Congressional Democrats are pushing the Department of Justice to block or weaken laws that impede minority voters from exercising their rights. Lewis says, “The Justice Department should be much more aggressive in areas covered by the Voting Rights Act.” Meanwhile, many voting-rights experts predict chaos at the polls in November 2012, as voters react with confusion, frustration, and anger at being barred from voting. “Our democracy is supposed to be a government by, of, and for the people,” says Browne-Dianis. “It doesn’t matter how much money you have, what race you are, or where you live in the country—we all get to have the same amount of power by going into the voting booth on Election Day. But those who passed these laws believe that only some people should participate. The restrictions undermine democracy by cutting off the voices of the people.” [Rolling Stone, 8/30/2011]
Entity Tags: Association of Community Organizations for Reform Now, Scott Kevin Walker, Rick Scott, Republican Party, Ari Berman, Tova Wang, US Department of Justice, US Supreme Court, Alfred K. Brewer, Paul Weyrich, American Civil Liberties Union, William Jefferson (“Bill”) Clinton, American Legislative Exchange Council, Analiese Eicher, Terry Branstad, League of Women Voters, Mike Fasano, Charles Koch, Charles Joseph (“Charlie”) Crist, Jr, Brennan Center for Justice, Barack Obama, David Koch, Early Voting Information Center, Nikki Haley, Heather Smith, John Lewis, Judith Browne-Dianis, John Ellis (“Jeb”) Bush, George W. Bush, Kris Kobach, Karl C. Rove
Timeline Tags: Civil Liberties
Matthew Vadum. [Source: YouTube / TPM Muckraker]Author and columnist Matthew Vadum writes that it is un-American to register poor citizens to vote. Writing a column for the far-right Web site American Thinker, Vadum, the author of a book accusing the defunct Association of Community Organizations for Reform Now (ACORN) of being a Communist organization colluding with President Obama to bring down American democracy, asserts that “left-wing activist groups” are “keen on registering the poor to vote” because poor citizens “can be counted on to vote themselves more benefits by electing redistributionist politicians. Welfare recipients are particularly open to demagoguery and bribery. Registering them to vote is like handing out burglary tools to criminals. It is profoundly antisocial and un-American to empower the nonproductive segments of the population to destroy the country—which is precisely why Barack Obama zealously supports registering welfare recipients to vote.” Vadum says Obama, along with civil rights organizations such as the NAACP, are “zealously” working to register poor citizens to ensure that “leftists” are voted en masse into public office. Vadum writes: “Encouraging those who burden society to participate in elections isn’t about helping the poor. It’s about helping the poor to help themselves to others’ money. It’s about raw so-called social justice. It’s about moving America ever farther away from the small-government ideals of the Founding Fathers.” The proof of his claims, he writes, is an obscure 1966 article in The Nation written by two academics, Richard Cloward and Frances Fox Piven, whom he labels “small-c communists” and “Marxists,” and accuses of using strategies advanced by Marxist revolutionary Leon Trotsky to “use the poor as a battering ram against the systems they sought to overthrow… to use the ‘weight’ of the poor to bring down American capitalism and democracy.” He cites another Piven-Cloward article from 1983, published by ACORN, to bolster his argument. Obama, he concludes, is following in Piven and Cloward’s footsteps to “bring vast numbers of unproductive people into the political process,” engender “massive voter fraud,” and destroy democracy. [Nation, 5/2/1966; Matthew Vadum, 9/1/2011] A day after Vadum’s article appears, TPM Muckraker reporter Ryan J. Reilly writes: “Most conservative criticism of voter registration drives aimed at poor and minority communities has been under the guise of worries about voter fraud. Vadum’s column is notable because he isn’t just pretending to be worried about the nearly non-existent threat of in-person voter fraud—he just doesn’t think poor people should be voting.” [TPM Muckraker, 9/2/2011]
A Swiss court, the Tribunal Cantonal du Valais, rejects an action by the Swiss club FC Sion in the dispute over Sion’s ejection from European competition (see September 2, 2011) and refuses to issue an injunction. According to the court, the dispute between Sion, UEFA, and Celtic, which replaced Sion in the Europa League, does not have close enough links to Valais for it to adjudicate the matter. [Swiss Football League, 9/2011]
After President Obama exhorts Congress to pass his jobs legislation package, which he calls the “American Jobs Act of 2011,” during his address to a joint session on September 8, some Republican lawmakers note that no legislator has officially submitted the bill and thusly there is no legislation to pass. Representative Louis Gohmert (R-TX) submits his own quickly written “American Jobs Act of 2011” hours before a Democratic House member can submit Obama’s 155-page, $447 billion legislative package. Gohmert’s bill is two pages long and would “amend the Internal Revenue Code of 1986 to repeal the corporate income tax.” Gohmert issues a press release that reads: “We have heard a lot of rhetoric about job creation from President Obama over the last several days. After waiting to see what the president would actually put into legislative language, and then waiting to see if anybody would actually introduce the president’s bill in the House, today I took the initiative and introduced the ‘American Jobs Act of 2011.’ It is a very simple bill, which will eliminate the corporate tax which serves as a tariff that our American companies pay on goods they produce here in America. This bill will actually create jobs in America. Right now, American manufacturing jobs are shipped overseas. What is really insidious about this tax is that corporate taxes are paid by the consumer—built in to the cost of the good or service. Corporate taxes are paid for by people in the form of lower wages to American workers and less money paid out in dividends in everything from 401K retirement accounts and to those who would risk their capital in business ventures. This type of capital investment is where jobs come from. Unlike President Obama’s bill, which clocks in at 155 pages, the ‘American Jobs Act’ is only two pages. The American people want to see jobs and economic growth and this bill guarantees that outcome. America would instantly become a safe haven for businesses resulting in an explosion in revenue increases. If we really want to create jobs and grow the economy, we must pass ‘The American Jobs Act’ now.” [Daily Caller, 9/14/2011; Louis Gohmert, 9/14/2011; Los Angeles Times, 9/15/2011] Gohmert objects to a provision in the Obama legislative package which would forbid employers from discriminating against unemployed workers, accusing Obama of trying to create a “new protected class” of Americans and saying that the point of the anti-discrimination language would be to give “trial lawyers… 14 million new clients.” The National Employment Law Project (NELP) says that Gohmert is wrong in his accusations, and that the legislation “would not make employment status a protected class like race or sex,” but “simply bans hiring discrimination against the jobless.” Employer discrimination against unemployed job applicants is well-documented and on the rise, according to NELP. [Huffington Post, 8/11/2011; Huffington Post, 9/14/2011] Kirsten Boyd Johnson of the satirical political news Web site Wonkette calls Gohmert’s legislation “childish,” and says that, according to recent polls, Americans largely blame Congressional Republicans for, as she writes, “destroying America with their petulant refusal to govern like a dignified body of elected lawmakers in favor of running around like naughty children stealing other peoples’ homework.” Bloomberg News, which reports on the polling, quotes retired New York citizen Ray DiPietro as saying: “I’ve been a registered Republican for 50 years or more, but I don’t like what they are doing. [Republicans] are more concerned about getting Obama out of office than with making things right.” DiPietro says he receives emails on a daily basis from Republicans who denigrate Obama and “tear him apart, and that’s no way for grownups to talk.” Indianapolis Republican Nicole Olin agrees, saying: “I do put the majority of the blame on the Republicans, because they seem to be the least willing to give up anything. Just because a majority votes you in doesn’t mean you don’t have to compromise in one way, shape, or form to make sure you do what’s good for everyone.” Senator Mike Lee (R-UT) warns of the dangers of taking any set of polls in “isolation,” and says the poll result “highlights a broad dissatisfaction among the American people with the way their government has been operating.” [Wonkette, 9/15/2011; Bloomberg, 9/15/2011] David Weigel of Slate writes that Gohmert “prank[ed]” the White House in submitting his legislation, which has no real chance of ever being enacted. Although House Democrats have not yet formally submitted the actual American Jobs Act, it has been posted online by the Obama administration. [Slate, 9/12/2011; Slate, 9/15/2011] Democrats can submit the bill under its original title, as House rules do not forbid two separate pieces of legislation having the same name, though as Los Angeles Times reporter James Oliphant notes, “[I]t could result in a lot of Democrats and Republicans shouting on the floor about two different bills.” [Los Angeles Times, 9/15/2011] In the past, Gohmert has accused the Obama administration of orchestrating the deaths of “one in five” Americans through its health care legislation (see July 16, 2009), of implementing “eugenics” and creating Nazi-like “youth brigades” (see July 24, 2009), and of lying about the likelihood that failing to raise the debt ceiling would lower the nation’s credit rating (see July 13, 2011).
Entity Tags: Kirsten Boyd Johnson, Obama administration, Nicole Olin, Louis Gohmert, Michael Shumway (“Mike”) Lee, James Oliphant, National Employment Law Project, David Weigel, US House of Representatives, Barack Obama, Bloomberg News, Ray DiPietro, US Congress
Timeline Tags: Global Economic Crises, Domestic Propaganda
Representatives John Conyers (D-MI) and Donna Edwards (D-MD) introduce legislation that, if adopted, would move to amend the Constitution to empower Congress and the states to limit corporate spending on political activities. The legislation is a direct move against the Citizens United ruling (see January 21, 2010). Conyers tells reporters: “Last year, the Supreme Court overturned decades of law and declared open season on our democracy. It is individual voters who should determine the future of this nation, not corporate money.” Edwards adds, “Since that flawed ruling was issued, campaign spending by outside groups including corporations surged more than four-fold to reach nearly $300 million in the 2010 election cycle.” Reversing the Citizens United ruling, she says, “is the only way to once and for all put the American people, and not corporations, in charge of our treasured democracy.” [The Hill, 9/20/2011]
UEFA president Michel Platini and general secretary Gianni Infantino are ordered to attend an interview with a Swiss prosecutor in UEFA’s home canton of Vaud over the FC Sion affair. The move comes after UEFA ignored a civil court ruling that the Swiss club should be reinstated in the Europa League, which led Sion to file a criminal complaint. UEFA issues a statement saying it is “happy that Michel Platini should go and meet the Vaud prosecutor and explain UEFA’s position.” [Associated Press, 9/23/2011] The interview will take place in the middle of October (see October 19, 2011).
A judge with the Swiss civil court of Martigny and St. Maurice reaffirms a ruling he issued the previous month in the dispute between FC Sion and the football authorities (see August 3, 2011). The decision ordered that Sion be allowed to field six players whose eligibility was disputed. [FIFA, 11/18/2011] However, a higher court will later overturn the ruling (see December 23, 2011).
A Swiss court again finds in favour of FC Sion in its dispute with UEFA over the club’s expulsion from the Europa League. The Civil Court of the Canton of Vaud instructs UEFA to reinstate the club in the Europa League and orders that UEFA pay the maximum fine of 1,000 Swiss francs for each day of non-compliance. The judge says that UEFA’s actions are unfair and that it appears not to have followed its own rules in the case. [FC Sion, 10/5/2006]
UEFA’s executive committee unanimously decides to ignore a court order to reinstate the Swiss club FC Sion in the Europa League (see October 5, 2011). The decision is taken at an extraordinary meeting to discuss the case, although the meeting is not attended by UEFA president Michel Platini and general secretary Gianni Infantino, who are to appear before a prosecutor in the case (see September 23, 2011). Neither is it attended by Peter Gilliéron, a committee member and also president of the Swiss Football Association. Instead of complying with the ruling, the committee decides to wait for the outcome of another court hearing in the dispute, this time before the Court of Arbitration for Sport. The committee justifies its refusal to comply by saying that it lacks the power to reinstate the club—Sion was ejected by UEFA’s disciplinary bodies and these are independent of the organization’s executive. UEFA issues a statement saying it is therefore “constitutionally unable to apply to the letter of the super provisional and provisional measures decided by the civil court.” [UEFA, 10/11/2011]
The Court of Arbitration for Sport decides some procedural issues in the dispute between UEFA and the Swiss club FC Sion over the club’s expulsion from the Europa League (see September 2, 2011 and September 26, 2011). The court confirms its competence to decide the merits of the case, dismisses a request by FC Sion for a stay of proceedings, and confirms the nomination of the arbitrator originally chosen by FC Sion. In addition, the court’s statement sent to the parties twice states that FC Sion is committing “clear abuse of [court] procedures” through its attempts at legal maneuvering. [UEFA, 10/15/2011]
Senator Mike Lee (R-UT). [Source: Gabe Skidmore / Telestial State (.com)]Senator Mike Lee (R-UT)‘s “leadership PAC,” the Constitutional Conservatives Fund PAC (CCFPAC), writes to the Federal Election Commission (FEC) to ask for permission to collect unlimited contributions from corporations, labor unions, and individual donors for independent spending on behalf of other candidates. So-called “leadership PACs” are political committees set up and run by members of Congress, and other elected officials, to allow them to make contributions to other candidates and spend money on their behalf. It is a well-established method for Congressional members to build influence within their parties. The CCFPAC’s lawyers argue that there is no danger of other candidates being corrupted, because CCFPAC’s spending to help candidates get elected (or to attack their opponents) will be independent of those candidates. The request cites the controversial Citizens United Supreme Court decision (see January 21, 2010) that allowed corporations and labor unions to spend unlimited amounts in independent expenditures on behalf of candidates. Law professor Richard Hasen will argue that such a contention—that a candidate will not be corrupted because the spending on his or her behalf—is specious, and moreover, another danger exists, that of the corruption of the head(s) of the leadership PAC. He will write, “Corporations or labor unions (acting through other organizations to shield their identity from public view) could give unlimited sums to an elected official’s leadership PAC, which could then be used for the official to yield influence with others.” Any member of Congress could use his or her leadership PAC to effectively become the fundraising arm of their party, Hasen will write, merely by funneling all the money through that leadership PAC. Hasen argues that the McCain-Feingold ban on such “soft money” collections (see March 27, 2002) was not set aside by Citizens United, though he will cite a single sentence of the majority opinion in that decision as being a possible means of giving the CCFPAC request a veneer of legal justification: “We now conclude that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.” That sentence, Hasen will argue, “which denies the reality that large independent spending favoring a candidate can sometimes corrupt or create the appearance of corruption, looks like it may doom those soft-money rules too. The result of all this is that federal campaign finance law is unraveling even faster than pessimists expected after Citizens United.” [PAC, 10/17/2011 ; Slate, 10/25/2011] Think Progress legal analyst Ian Millhiser will agree with Hasen, writing that “[i]n essence, Lee just sought permission to set up his own slush fund, powered by unlimited corporate donors, and use this slush fund to buy influence with his fellow lawmakers by running ads in their districts.… So Lee’s idea is that corporate CEOs, Wall Street tycoons, and other well-moneyed interests can show up at his office and turn over completely unlimited amounts of funds. Lee can then buy new friends in Washington and in state governments by channeling these corporate funds to an army of grateful politicians. And the more money corporate America gives him, the more powerful Lee becomes—and the more he owes this new found power to his brand new corporate sugar daddies.” [Think Progress, 10/26/2011]
A Swiss prosecutor interviews UEFA president Michel Platini and general secretary Gianni Infantino over the FC Sion case. UEFA threw Sion out of the Europa League for breaching a transfer ban (see September 2, 2011), but this led to a legal dispute and Sion filed a criminal complaint against UEFA, which is the reason for the interview (see September 23, 2011). [UEFA, 10/19/2011; Agence France-Presse, 10/19/2011] Details of what is said in the interview are unknown.
The Court of Arbitration for Sport sets the date of the hearing in the Europa League dispute between UEFA and the Swiss Club FC Sion for November 24. UEFA ejected Sion from the Europa League for fielding ineligible players (see September 2, 2011) and since then there has been a series of legal disputes between the parties (see September 26, 2011 and October 14, 2011). The date is conditional on it being approved by the two parties. [UEFA, 10/25/2011] The court will rule in December, mostly in favour of UEFA (see December 15, 2011).
The Swiss club FC Sion complains to that country’s Competition Competition about the behavior of UEFA. Sion and UEFA are involved in a legal dispute over the club’s expulsion from the Europa League for fielding ineligible players (see September 2, 2011) and Sion now argues that UEFA is abusing a dominant position. [UEFA, 2/7/2011] The commission will take no action against UEFA (see February 7, 2012).
A new report by the Brennan Center for Justice shows that just three “independent” corporate political organizations outspent the US labor movement in judicial elections for 2009-10. The report, entitled “The New Politics of Judicial Elections 2009-10,” shows that three corporate interest groups—the Ohio Chamber of Commerce (Partnership for America’s Future), the Business Council of Alabama, and the Illinois Civil Justice League (JustPAC) outspent the US labor movement 13-1 in trying to influence state Supreme Court elections. Together, the three groups spent $3,554,445 on activities involving judicial elections. In total, organized labor groups spent $261,4230. Labor unions have always contended that they could not spend nearly as much on election activities as corporations. [Skaggs et al., 10/2011 ; Think Progress, 10/27/2011]
An unofficial logo for the Cain presidential campaign. [Source: Draft Cain (.org)]Republican presidential candidate Herman Cain (R-GA), who is battling allegations that he sexually harassed two former employees, is further shaken by reports that his campaign may have accepted illegal corporate donations. The apparently-defunct corporation, Prosperity USA, was run by Wisconsin political operatives Mark Block and Linda Hansen, who now serve as Cain’s chief of staff and deputy chief of staff, respectively. The corporation, which incorporated itself as a nonprofit, tax-exempt organization under federal tax law, helped get Cain’s campaign up and running by paying for tens of thousands of dollars in expenses, including computers, chartered flights, and travel to several states. Such payouts are possible violations of federal tax and campaign law. According to documents obtained by the Milwaukee Journal-Sentinel, Prosperity USA claims it was owed about $40,000 by the Cain campaign for a variety of items in February and March. It is unclear whether the Cain campaign has reimbursed Prosperity USA. Cain began taking donations for his presidential bid on January 1, 2011, but records indicate Prosperity USA may have been spending money on behalf of him well before that date. The records have been verified as authentic by sources close to Prosperity USA. Cain’s federal election filings make no mention of monies owed to Prosperity USA, and the figures in the documents do not match payments made by the Cain Campaign. Other payouts include a $100,000 fee to the Congress of Racial Equality (CORE), a conservative black organization; Cain spoke at the organization’s annual Martin Luther King Jr. dinner in mid-January, an event hosted by controversial conservative blogger Andrew Breitbart. CORE is heavily involved in tea party events. Apparently Cain was not paid for the appearance, inasmuch as his personal financial disclosure forms do not show any honorariums for speeches. [Milwaukee Journal-Sentinel, 10/30/2011; USA, 10/31/2011 ]
Apparent Violations of Tax, Campaign Law - Election law experts say the transactions raise many questions about Priorities USA and its connection to the Cain campaign. A Washington, DC, lawyer who advises many Republican candidates and conservative groups on campaign issues, and refuses to be publicly identified, says, “If the records accurately reflect what occurred, this is way out of bounds.” She says it is a violation of tax law for Prosperity USA to advance money to the Cain campaign for the items invoiced, and the expenditures also seem to violate federal campaign regulations. “I just don’t see how they can justify this,” she says. “It’s a total mess.” Wisconsin campaign attorney Michael Maistelman, a Democrat who has worked for candidates from both parties, agrees, saying, “The number of questionable and possibly illegal transactions conducted on behalf of Herman Cain is staggering.” Think Progress legal expert Ian Millhiser writes that “if Prosperity USA effectively donated money to the Cain campaign by fronting money to them and agreeing not to be paid back, that is a violation of federal election law,” even if the Cain campaign eventually pays the money back. Block and Hansen have refused to comment on the issue. In 1997, Block, then advising the campaign of former Wisconsin Supreme Court Justice Jon Wilcox, settled allegations of election-law violations by agreeing to pay a $15,000 fine and to stay out of Wisconsin politics for three years. [Milwaukee Journal-Sentinel, 10/30/2011; Think Progress, 10/31/2011] Election lawyer Lawrence H. Norton, who formerly served as a general counsel for the Federal Election Commission (FEC), later says, “If they are supporting his campaign, whether directly or indirectly, they are violating the law.” [New York Times, 11/3/2011]
Connections to Koch-Funded Political Organization - In recent years, Block has run the Wisconsin chapter of Americans for Prosperity (AFP—see Late 2004), a nonprofit conservative lobbying and political action group co-founded by the conservative Koch brothers (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, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011). AFP played a key role in organizing the tea party movement. Block met Cain through AFP, and encouraged him to run for president. Block has incorporated a number of offshoot organizations and corporations from AFP, most of which bore the word “prosperity” in their names. AFP officials insist that Block’s organizations are legally separate from theirs. Documents show that when Block left AFP at the beginning of 2011, he left behind tens of thousands of dollars in unpaid invoices.
History of Involvement with Cain Campaign - Block’s largest group was the now-defunct Wisconsin Prosperity Network (WPN), envisioned as an umbrella organization that would spend over $6 million a year underwriting other conservative political organizations. Hansen was the group’s executive director. WPN was also set up as a tax-exempt nonprofit organization. Under the law, neither WPN nor Prosperity USA can have direct political involvement with any candidate or candidate organization. Sources familiar with the situation say the two organizations were closely linked, and raised hundreds of thousands of dollars from Wisconsin conservatives. One supporter, who still advocates for Cain and thusly refuses to have his name publicly disclosed, says he and many others are very upset with the groups for failing to use the money they raised for their intended purposes. The supporter names Hansen as being particularly responsible for the groups’ money usage. By February 2011, both groups were deeply in debt, with WPN showing a net loss of $62,000 and Prosperity USA showing net losses of $110,000. Prosperity USA’s biggest debt was an almost-$40,000 debit to “FOH,” which records show means “Friends of Herman Cain,” the name of Cain’s presidential operation. The debt includes almost $15,000 for what is called an “Atlanta invoice”; $17,000 for chartered flight service; $5,000 for travel and meetings in Iowa, Las Vegas, Dallas, Houston, and Louisiana; and $3,700 for iPads purchased for the Cain campaign. Other small-ticket items for travel and expenses by Block are listed as “not billed to FOH but due from them.” Other expenses include a September 2010 bill for $5,000 for costs incurred by Cain’s speech to the conservative Right Nation rally in Chicago, which records show Cain attended at the request of AFP; the Cain campaign later used a segment from that speech in a campaign ad. Prosperity USA also paid for a trip by Block to Washington, DC, to meet with billionaire oil magnate and conservative financier David Koch. Singer Krista Branch, who recorded “I Am America,” the unofficial anthem of the tea party movement, was supposed to be paid $3,000 by Prosperity USA; Cain has since adopted the song as his campaign theme. Branch’s husband, Michael, is a Cain campaign and fundraising consultant. The records also show $150,000 in loans from individuals who are not identified. Sources say Hansen paid much of that loan money to CORE earlier in the year. Michael Dean, the attorney for both Prosperity USA and WPN, resigned his position with WPN in the summer of 2011, and contacted the IRS about the organization’s tax-exempt status. And WPN is a listed litigant in a case pending before the Wisconsin Supreme Court.
'Outside Counsel' Will Review Allegations - The Cain campaign will respond by saying that an “outside” lawyer will review the allegations. “As with any suggestions of this type, we have asked outside counsel to investigate the Milwaukee Journal Sentinel’s suggestions and may comment, if appropriate, when that review is completed,” says campaign spokesman J.D. Gordon. Gordon refuses to identify the “outside counsel,” or give a time frame as to when the review will be complete. [Milwaukee Journal-Sentinel, 10/30/2011; New York Times, 11/3/2011]
Entity Tags: Herman Cain, Americans for Prosperity, Ian Millhiser, Andrew Breitbart, Congress of Racial Equality, Herman Cain presidential campaign (2012), Wisconsin Prosperity Network, J.D. Gordon, Milwaukee Journal-Sentinel, Prosperity USA, Linda Hansen, Lawrence H. Norton, Mark Block, Michael Dean, Michael Maistelman, Jon Wilcox
Timeline Tags: Civil Liberties, 2012 Elections
Six US Senators led by Tom Udall (D-NM) introduce a constitutional amendment that would give Congress the right to regulate the federal campaign finance system. The amendment is directed towards overturning the Citizens United decision that allows almost unregulated spending by corporations, unions, and special interests in political campaigns (see January 21, 2010). Udall is joined in sponsoring the amendment by Michael Bennett (D-CO), Tom Harkin (D-IA), Richard Durbin (D-IL), Charles Schumer (D-NY), Sheldon Whitehouse (D-RI), and Jeff Merkley (D-OR). In a press release from his office, Udall is quoted as saying: “As we head into another election year, we are about to see unprecedented amounts of money spent on efforts to influence the outcome of our elections. With the Supreme Court striking down the sensible regulations Congress has passed, the only way to address the root cause of this problem is to give Congress clear authority to regulate the campaign finance system.” In the same release, Bennett adds: “The Supreme Court’s reversal of its own direction in the Citizens United decision and other recent cases has had a major effect on our election system. State legislatures and Congress now may not be allowed to approve even small regulations to our campaign finance system. This proposal would bring some badly needed stability to an area of law that has been thrown off course by the new direction the Court has taken.” Harkin is quoted as saying: “By limiting the influence of big money in politics, elections can be more about the voters and their voices, not big money donors and their deep pockets. We need to have a campaign finance structure that limits the influence of the special interests and restores confidence in our democracy. This amendment goes to the heart of that effort.” And Merkley is quoted as saying: “It was President Lincoln who described the genius of American democracy as ‘government of the people, by the people, and for the people.’ We office holders work for the people. They elect us. They are in charge. Citizens United puts in motion the opposite: it moves us towards government by and for the powerful. As such, it is a dagger poised at the heart of American democracy. If we are going to preserve a government responsive to its citizens, we need commonsense reforms that give the American people a full voice. This constitutional amendment is essential for the people to be heard.” The amendment would:
authorize Congress to regulate and limit the raising and spending of money for federal political campaigns and allow states to regulate such spending at their level;
include the authority to regulate and limit independent expenditures, such as those from Super PACs, made in support of or opposition to candidates;
not dictate any specific policies or regulations, but instead allow Congress to pass campaign finance reform legislation that withstands constitutional challenges. [US Senate, 11/1/2011]
Passing a constitutional amendment is not an easy task. Two-thirds of Congress must agree to the amendment, or two-thirds of state legislatures must call for the amendment. Once proposed, three-quarters of state legislatures must vote to ratify the amendment. [Think Progress, 11/2/2011] This is not the first proposal to amend the Constitution to limit corporate spending (see September 20, 2011).
’We Are Ohio’ logo. [Source: ProgressOhio (.org)]Ohio Senate Bill 5, known as the Ohio Collective Bargaining Limit Repeal, is defeated by a voter referendum. The bill would enable severe limitations on collective bargaining for public employees in the state, and make it difficult for those employees to strike and collectively bargain for wages, health insurance, and pensions, and would have increased employee contributions for pensions and health insurance. The hard-fought campaign pitted Governor John Kasich (R-OH) and Ohio Republicans against the state’s teachers, firefighters, police officers, and unions. The bargaining limit repeal was supported by farmers and a number of independent corporate organizations, including Citizens United, the Ohio Chamber of Commerce, and the National Federation of Independent Business; it was opposed by labor unions, Democrats, and some independent organizations, including the bipartisan political action committee We Are Ohio, which helped launch the referendum. Over $50 million was spent on the campaign by outside parties and both political parties. Ohio Democrats and labor leaders call the repeal a win for progressives and worker rights, and the first step in recapturing the state government, which has been dominated by Republicans since the 2010 elections. Doug Stern, a firefighter who joined We Are Ohio, says: “Hey, I’m a Republican, but I’m telling you, Republican firefighters and police officers aren’t going to be voting Republican around here for a while. We’ll see what happens in 2012, but our guys have a long memory. We’re angry and disgusted.” Supporters, relying on large infusions of cash from corporate and other interests, relied largely on media advertising to support the repeal, while opponents staged mass protests and organized grassroots volunteers who they say will continue to work to defeat Republican interests. One $100,000 television ad paid for by Citizens United depicted schoolchildren while a voiceover told viewers that the bill allows schools to “replace” bad teachers, and added, “We parents and educators deserve the right to run our own schools.” Citizens United president David Bossie (see May 1998) told a reporter that his organization “decided to get in and play a role right at the end to educate the voting public and try to persuade them that this is the right way to go.” We Are Ohio called such ads “desperate attempt[s] by another shadowy out-of-state group that refuses to disclose the source of its money” (see January 21, 2010). Kasich repeatedly argued that the harsh measures against public employees and labor unions were necessary to balance the state’s budget. One senior state Republican says that Kasich “snatch[ed] defeat from the jaws of victory” by alienating labor-friendly independents in the state. [Politico, 11/2/2011; Think Progress, 11/3/2011; Politico, 11/8/2011]
The US government’s Nixon Presidential Library begins making the grand jury testimony of former President Richard Nixon available to the public. In June 1975, Nixon testified about his involvement in the Watergate scandal after his resignation (see August 8, 1974) to a California grand jury. Although he was protected by the pardon granted him by his successor, Gerald Ford (see September 8, 1974), he could have been charged with perjury if he lied under oath. No such charges were filed against Nixon. Judge Royce Lambeth ordered the testimony made public in July 2011 over the opposition of the Obama administration, which argued that too many people from the Nixon administration were still alive for secret testimony involving them to be made public. Lambeth wrote, “The court is confident that disclosure will greatly benefit the public and its understanding of Watergate without compromising the tradition and objectives of grand jury secrecy.” The records are available at the California home of the library and online. Historian Stanley Kutler, who was one of the principal figures involved in the lawsuit to bring the testimony to light, says, “This is Nixon unplugged.” However, he adds: “I have no illusions. Richard Nixon knew how to dodge questions with the best of them. I am sure that he danced, skipped, around a number of things.” Nixon’s testimony, conducted for 11 hours over two days, was the first time an ex-president ever testified before a grand jury. The library is also releasing thousands of pages of other Watergate-era documents, several oral histories from that time, and 45 minutes of recordings made by Nixon with a dictating machine. Some portions of the Nixon grand jury testimony have not yet been made public, due to the fact that they deal with people still alive. Some or all of that information may be made public at a future date. Kutler says it is doubtful the public will learn much more about Watergate from the new records: “The grand jury after that testimony had a chance to sit and indict but they did not, so I don’t expect it to be that important.” He adds that the opening of grand jury records is a milestone by itself, “another precedent for opening up secretiveness in public life.” [Associated Press, 11/10/2011] After initially reviewing the transcripts, Kutner says: “It’s Nixon being Nixon. It’s a virtuoso performance. How about $10 for every time he says, ‘I don’t recall’?” [Daily Mail, 11/11/2011] According to reporters who review the transcripts, Nixon spent much of his time before the grand jury defending his legacy as president and denying first-hand knowledge of any of the activities that made up the Watergate scandal, but acknowledging his administration committed some questionable acts. “I want the jury and the special prosecutors to kick the hell out of us for wiretapping and for the plumbers and the rest,” he said, “because obviously, you may have concluded it is wrong.” [Associated Press, 11/11/2011] Nixon reiterated the story that his secretary Rose Mary Woods accidentally erased 18 1/2 minutes of an audiotape that might have shown his complicity in the Watergate conspiracy (see November 21, 1973), saying: “Rose had thought it was four minutes, or something like that. Now the counsel have found that it is 18-and-a-half minutes, and I practically blew my stack.… If you are interested in my view as to what happened, it is very simple. It is that it was an accident.” Nixon was harsh with the Watergate prosecutors, accusing them of persecuting him and employing what he called double standards against him as opposed to his Democratic adversaries. “If I could give one last bit of advice,” he told the prosecutors, “taking the double standard is going to make you much more popular with the Washington press corps, with the Georgetown social set, if you ever go to Georgetown, with the power elite in this country. But on the other hand, think of your children—they are going to judge you in the pages of history.… I mean, I am not unaware of the fact that the great majority of the people working in special prosecutor’s office did not support me for president.” [Daily Mail, 11/11/2011]
Oscar Ramiro Ortega-Hernandez. [Source: Washington Post]Oscar Ramiro Ortega-Hernandez, a young Idaho man who reportedly has an “obsession” with President Obama, fires nine shots at the White House. One of his shots strikes the window of the mansion’s living quarters, but does not break the ballistic glass. Obama and his wife Michelle are on a nine-day Asia-Pacific tour. According to an FBI affidavit, Ortega drives his black 1998 Honda to a location near 17th Street and Constitution Avenue NW, and fires twice through his passenger window, using a Romanian-made Cugir SA semiautomatic rifle equipped with a telescopic sight. Two motorists witness the shooting. FBI agents search the area around the White House and locate “several confirmed bullet impact points on the south side of the building on or above the second story,” where the First Family’s residential area is located. Officials soon find the Honda abandoned, with the Cugir and boxes of ammunition inside, along with an aluminum baseball bat and a set of brass knuckles. Days later, Pennsylvania law enforcement officials arrest Ortega at an Indiana, Pennsylvania, hotel, after a desk clerk recognizes his photograph from a Secret Service handout. Ortega does not resist arrest, according to a Pennsylvania state trooper. According to the US Park Police, Ortega has known mental health issues, and the Park Police says “Ortega should be considered unstable with violent tendencies.” Apparently Ortega considers Obama “the devil” and “the anti-Christ,” officials say. Authorities say Ortega may believe his attack is part of some divinely inspired mission. Ortega’s family reported him missing on October 31; he was stopped by police in Arlington, Virginia, on the morning of November 11 after the police received reports of a suspicious person, but released because he had apparently committed no crimes. Photographs taken of Ortega during that encounter are later identified as being those of the possible White House shooter. FBI agent Chris Ormerod later discovers that before Ortega left Idaho, he told acquaintances that he “needed to kill” Obama and that he “will not stop until it’s done.” One acquaintance later tells the FBI that Ortega believes the government is “conspiring” against him. He is charged with an attempt to assassinate Obama. Initial media reports deny that Ortega has any connections with radical groups of any kind. [Associated Press, 11/16/2011; Washington Post, 11/17/2011; New York Times, 11/17/2011; US District Court for the District of Columbia, 11/17/2011 ] However, later media investigations will find those reports somewhat superficial, though no official membership in any such groups seems to exist. Ortega is apparently a religious extremist who has embraced a number of “oddball” conspiracy theories, and recently viewed a conspiracy-theory film by Alex Jones, the far-right Internet talk show host. The film Ortega watched is entitled The Obama Deception. Ortega recently posted a YouTube video asking talk show host Oprah Winfrey to allow him to appear on her program because he is the second coming of Jesus Christ. “You see, Oprah, there is still so much more that God needs me to express to the world,” he says on the video. “It’s not just a coincidence that I look like Jesus. I am the modern-day Jesus Christ that you all have been waiting for.” Dr. E. Fuller Torrey, a mental health expert, believes that Ortega may suffer from schizophrenia. “I can guarantee you that in his mind, it all makes perfect sense,” Torrey tells a reporter. “If he’s Christ, Obama’s the Antichrist.” [New York Times, 11/21/2011] Ortega’s mother later denies press reports that her son has any mental issues. [Detroit Free Press, 11/18/2011]
The president of a Texas university branch of the College Republicans makes a post on Twitter saying that the assassination of President Obama is a “tempting” idea. The post appears just hours after a gunman is arrested for shooting at the White House in an apparent assassination attempt (see November 11-17, 2011). Lauren Pierce, the president of the College Republicans at the University of Texas in Austin, posts the following “tweet”: “Y’all as tempting as it may be, don’t shoot Obama. We need him to go down in history as the WORST president we’ve EVER had! #2012.” When ABC News posts an article about her comment, Pierce initially laughs about it, saying that “it must be a slow news day” for ABC to bother reporting her comment. She gives an interview to an ABC News reporter in which she giggles through much of the interview; she claims that the post was a “joke,” calls the attempted assassination attempt “stupid,” and says that for someone to assassinate Obama would “only make the situation worse.” The group’s vice president, Cassie Wright, says: “Insofar as she’s a representative [of the College Republicans], maybe it shouldn’t be said, but she’s made a positive statement in a way.… I don’t really see anything wrong with it. It’s just a personal comment, not representative of any group. Just freedom of speech, you know?” Later, Pierce removes the post from Twitter and instead makes the following comment: “It’s never funny to joke about such a serious matter. I have learned a very valuable lesson.” [Huffington Post, 11/16/2011; ABC News, 11/16/2011]
A Swiss appelate court, the Tribunal Cantonal Valais, overturns lower court rulings favorable to the football club FC Sion in a dispute with FIFA and UEFA. A lower court had twice ruled (see August 3, 2011 and September 27, 2011) that players FIFA declared ineligible because of a transfer ban on the club (see Summer 2011) could actually play. FIFA welcomes the ruling, stating, “The Cantonal Court has thus indirectly taken the same view as FIFA and the [Swiss Football League] and its ruling has indirectly confirmed the legality of the transfer ban FIFA imposed on [FC Sion].” [FIFA, 11/18/2011]
Representative Ted Deutch (D-FL) introduces a resolution proposing a constitutional amendment that would ban corporate money in politics and end “corporate personhood.” Deutch calls his proposal the Outlawing Corporate Cash Undermining the Public Interest in our Elections and Democracy (OCCUPIED) Amendment. The proposal reads, “Proposing an amendment to the Constitution of the United States to expressly exclude for-profit corporations from the rights given to natural persons by the Constitution of the United States, prohibit corporate spending in all elections, and affirm the authority of Congress and the states to regulate corporations and to regulate and set limits on all election contributions and expenditures.” The amendment, if adopted, would overturn the Citizens United decision (see January 21, 2010), re-establish the right of Congress and the states to regulate campaign finance laws, and effectively outlaw the ability of for-profit corporations to contribute to campaign spending. Deutch says in a statement that refers to the Occupy protesters demonstrating throughout the nation: “No matter how long protesters camp out across America, big banks will continue to pour money into shadow groups promoting candidates more likely to slash Medicaid for poor children than help families facing foreclosure. No matter how strongly Ohio families fight for basic fairness for workers, the Koch brothers will continue to pour millions into campaigns aimed at protecting the wealthiest 1 percent (see November 8, 2011). No matter how fed up seniors in South Florida are with an agenda that puts oil subsidies ahead of Social Security and Medicare, corporations will continue to fund massive publicity campaigns and malicious attack ads against the public interest. Americans of all stripes agree that for far too long, corporations have occupied Washington and drowned out the voices of the people. I introduced the OCCUPIED Amendment because the days of corporate control of our democracy. It is time to return the nation’s capital and our democracy to the people.” [US House of Representatives, 11/18/2011 ; Think Progress, 11/18/2011] Three weeks ago, a group of Democratic senators introduced a similar amendment (see November 1, 2011). On December 8, Senator Bernie Sanders (I-VT) will introduce a version of the OCCUPIED Amendment in the Senate that he calls the Saving American Democracy Amendment. Deutch will say of Sanders’s action: “There comes a time when an issue is so important that the only way to address it is by a constitutional amendment. I am thrilled that Senator Bernie Sanders has introduced the Saving American Democracy Amendment, a companion bill to H.J. Res 90, my legislation in the House. The dominance of corporations in Washington has imperiled the economic security of the American people and left our citizens profoundly disenchanted with our democracy. I look forward to working with Senator Sanders to save American democracy by banning all corporate spending in our elections and cracking down on secret front groups using anonymous corporate cash to undermine the public interest.” [Think Progress, 12/8/2011] Two House Democrats introduced similar legislation in September 2011 (see September 20, 2011).
The Federal Election Commission (FEC) unanimously rejects a petition by Senator Mike Lee (R-UT) for him to be allowed to head his own “super PAC” (see March 26, 2010). Lee’s “leadership PAC,” the Constitutional Conservatives Fund PAC (CCFPAC), had requested permission from the FEC to turn itself into a PAC capable of accepting donations directly from corporations and unions (see October 17, 2011). Previously, the FEC had released a draft opinion opposing the request, but Lee’s lawyer Dan Backer had said he felt the FEC would approve the request. Lee spokesperson Brian Phillips calls the decision “a head-scratcher.” Backer and Lee had counted on the controversial Citizens United Supreme Court decision (see January 21, 2010) that allowed corporations and labor unions to spend unlimited amounts in independent expenditures on behalf of candidates, and essentially say that if corporations and unions can run super PACs, politicians should be able to do so as well. They argued that because the law bars Lee from spending the money on his own reelection efforts, and because he is willing to pledge that he would not personally solicit large donations, the FEC should grant the request. The draft opinion said that Lee’s request violates campaign finance law that expressly prohibits elected officials from being associated with a political entity that collects money beyond the legal limits (see March 27, 2002), and the unanimous decision echoes that finding. A PAC such as the CCFPAC is limited to collecting $5,000 per person per year and is banned entirely from accepting corporate donations. Lee, a “tea party” favorite, would have been the first politician in the country to have his own super PAC. Commissioner Donald McGahn, the most conservative commissioner and an opponent of most campaign finance laws, told Lee and his legal team: “Your argument essentially does away with contribution limits. It’s well beyond what we do here and well beyond what I do here, which is saying something.” McGahn says he agrees that the government should not discriminate when applying regulations on independent expenditures, but that the statute and regulations clearly limit contributions to members of Congress to protect against corruption or the appearance of corruption. Lee’s office says that letting Lee run a super PAC of his own would actually increase transparency and accountability. Lee may yet appeal the decision to the Supreme Court. [Salt Lake Tribune, 11/24/2011; Think Progress, 11/28/2011; Deseret News, 12/1/2011]
The key hearing in the dispute between UEFA and the Swiss club FC Sion over the latter’s ejection from the Europa League is held before the Court of Arbitration for Sport. The hearing follows a long dispute between UEFA and the club (see September 2, 2011). [UEFA, 12/15/2011] The court will mostly rule in favor of UEFA (see December 15, 2011).
The House of Representatives votes 235-190 to eliminate the Presidential Election Campaign Fund (PECF), which provides for voluntary public funding of presidential candidates. The legislation would also shut down the Election Assistance Commission (EAC), a national clearinghouse on the mechanics of voting. Public financing of campaigns has been a target of Republicans since the Citizens United decision allowed corporations and labor unions to give unlimited amounts to campaigns (see January 21, 2010 and June 27, 2011). House Republicans failed in a previous attempt to eliminate the PECF (see January 26, 2011 and After). Representative Zoe Lofgren (D-CA) gives an impassioned defense of the PECF, saying that it is one of the few obstacles that remains to impede what she calls the takeover of the US political system by well-financed special interests. She asks her colleagues whether they believe the “99 percent of Americans that don’t have lobbyists” would benefit in any way by abolishing PECF. She then notes that the Republican National Committee (RNC) got 18 million dollars from this fund and suggests it give the money back, saying: “The level of spending by corporations and special interests since the Supreme Court’s decision in Citizens United should give every American reason for concern. So do my Republican colleagues really believe that more corporate and special interest money in politics is going to benefit in any way the 99 percent of Americans who don’t have lobbyists? The current public financial [sic] system for the presidential elections has problems. Most notably, it has not kept pace with the cost of modern campaigns. So we should fix it instead of eliminating it. I would note that the Republican National Committee recently received 18 million dollars from this fund. If the Republicans think it’s such a bad idea, perhaps they should ask the RNC to return the money.” Senate Majority Leader Harry Reid (D-NV) says the bill has no chance in the Senate, and is critical of House Republicans for advancing it, stating: “Instead of making it so it’s easier for people to vote, they want to do everything they can to make it harder for people to vote. I don’t understand this. They want to have as few people to vote as possible.” Representative Gregg Harper (R-MS), the sponsor of the bill, says the elimination of the PECF would help reduce the deficit. “If we do not eliminate some programs, then a $15 trillion debt will be our decline into a European-style financial crisis,” he says. [Roll Call, 12/1/2011; Think Progress, 12/1/2011] The bill will not pass the Senate.
The Los Angeles City Council unanimously votes into effect a resolution declaring that corporations are not people and are not entitled to the same constitutional protections. The vote is spurred in part by the controversial Citizens United Supreme Court decision (see January 21, 2010) that allowed corporations and labor unions to spend unlimited amounts in independent expenditures on behalf of candidates, and the recent claim by Republican presidential candidate Mitt Romney that “corporations are people” (see August 11, 2011). Mayor Antonio Villaraigosa must sign the resolution into effect. It is non-binding, which means that its value is largely symbolic. Nevertheless, the vote, taken in a chamber packed with Occupy LA members and other activists, draws a standing ovation when it is concluded. If Villaraigosa signs the resolution into effect, Los Angeles will be on record as supporting federal legislation that would ensure corporations are not entitled to the same rights as people, particularly in the area of money spent on elections and campaigning. The resolution also proposed language for a constitutional amendment especially when it comes to spending money to influence elections. It also proposed language for a constitutional amendment declaring that money is not a form of speech and affirming the right of the federal government to regulate corporations (see November 1, 2011). Council President Eric Garcetti, who co-sponsored the resolution with Councilman Bill Rosendahl, says: “Every American should have an equal voice in their government. But unless there are big changes, your voice is only as loud as your bank account. And its the big corporations that have the largest bank accounts of all.… The flood of corporate money since Citizens United is literally drowning our democracy. It’s drowning the people’s voice in the government.” During open debate, activist Sylvia Moore tells the assemblage: “Corporations have taken over our society. They are deciding what we eat, how people educate their children, and whether or not we have health care. Corporations are polluting our environment. Some refuse to pay their fair share in taxes. And they are even deciding who gets to vote. They are making our laws when it’s government officials that should be making our laws.” The resolution cites Supreme Court Justice Hugo Black’s 1938 opinion on the subject, in which Black wrote, “I do not believe the word ‘person’ in the Fourteenth Amendment includes corporations.” [City News Service, 12/6/2011; Think Progress, 12/7/2011]
Presidential candidate Mitt Romney (R-MA) criticizes the influence of super PACs and third-party organizations in political campaigns, calling the “new entities” a “disaster” and claiming that campaign finance laws have “made a mockery of our political campaign season.” Romney was the first to form a presidential super PAC, Restore Our Future (ROF—see June 23, 2011), and that organization has been extraordinarily successful in raising money to use for Romney’s benefit (see January 31, 2012, February 6, 2012, March 11, 2012, May 21, 2012, and Late May 2012). In an appearance on MSNBC, Romney says: “This is a strange thing in these campaign finance laws. They set up these new entities, which I think is a disaster, by the way. Campaign finance law has made a mockery of our political campaign season.… We really ought to let campaigns raise the money they need and just get rid of these super PACs.” Republicans have advocated for unlimited direct contributions (see April 27, 2011, May 26, 2011 and After, January 10, 2012, January 21, 2012, and January 31, 2012) to candidates’ campaigns. Such direct contributions are currently illegal. Asked if he would ask ROF to stop running an ad that drew criticism from its target, Romney’s primary challenger Newt Gingrich (R-GA), he answers: “It’s illegal, as you probably know. Super PACs have to be entirely separate from a campaign and a candidate. I’m not allowed to communicate with a super PAC in any way, shape, or form. If we coordinate in any way whatsoever, we go to the big house.” Gingrich has recently said that the idea of super PACs running entirely independently of the campaigns they work to assist is “baloney,” stating: “They ought to take this junk [negative ads] off the air. And don’t hide behind some baloney about, this ‘super PAC that I actually have no control over that happens to be run by five of my former staff.’ That’s just baloney.” ROF was created by, and is staffed by, many former aides and colleagues of Romney’s. Gingrich has named a former aide, Rick Tyler, to work with his super PAC, Winning Our Future. [CBS News, 12/11/2011]
A federal appeals court strikes down a Wisconsin law limiting how much a single person can donate to independent political action committees, or PACs. The ruling is made in favor of a lawsuit filed by Wisconsin Right to Life (WRTL), which sued in August 2011 just before a round of recall elections targeting nine state senators. The courts issued a temporary injunction on the law, and the appeals court makes the repeal permanent. Before the ruling, Wisconsin law mandated that individuals could give no more than $10,000 to a PAC. The court rules that such limitations restrict free speech. WRTL’s Barbara Lyons calls the ruling a “sweeping victory” that will allow the group to “significantly contribute to the state and national dialogue on speech and elections.” But Mike McCabe of the Wisconsin Democracy Campaign disagrees, saying that the ruling renders candidates almost irrelevant as special interest groups and their money become dominant in campaigns: “I’m not sure that very many people will notice a difference because money is flowing so freely in Wisconsin politics,” he says. “There’s no shortage of channels through which special interest funds can flow.” The court cites the Supreme Court’s Citizens United decision, which allows unlimited contributions to campaign organizations by corporate and union donors (see January 21, 2010), as the basis for its ruling. Judge Diane Sykes writes in the majority opinion: ”Citizens United held that independent expenditures do not pose a threat of actual or apparent quid pro quo corruption, which is the only governmental interest strong enough to justify restrictions on political speech. Accordingly, applying the $10,000 aggregate annual cap to contributions made to organizations engaged only in independent spending for political speech violates the First Amendment.” The ruling is expected to have a tremendous impact on recall elections scheduled for 2012, including the recall of Governor Scott Walker (R-WI), as groups both in support of and opposition to the recalls can spend large amounts of money on campaign advertising. [Associated Press, 12/11/2011; Think Progress, 12/13/2011] WRTL won a landmark Supreme Court case in 2007 that struck down restrictions on so-called “issue advertising” (see June 25, 2007), a ruling that directly impacted today’s court finding. Days later, the local Chippewa Herald will write an editorial criticizing the ruling. The editorial specifies the “dialogue” that WRTL’s Lyons means “a heavy rotation of television and radio ads, phone calls, and direct-mail pieces.” WRTL’s purpose in its electioneering is fairly transparent, the Herald states, but many of the special interest groups involved in such electioneering are not transparent at all. “Do we want our campaigns to be about what the candidates stand for—heard directly from them—or about issue ads where candidates are either supported or attacked through a thinly veiled message urging people to contact a particular candidate?” The Herald notes that much of the $44 million spent on the state senate recalls “came from groups not subject to the state campaign contribution limit,” and few Wisconsin citizens know who those groups are. “The courts have ruled that political contributions and campaign spending is a First Amendment right,” the Herald states. “But those contributions and spending should not be done in secret or through a maze of groups and organizations that operate like legal money launderers.” The Herald advocates “complete disclosure” to “ensure openness and a clean and healthy democracy.” [Chippewa Herald, 12/14/2011]
Congress passes a defense spending bill with controversial provisions authorizing the indefinite military detention, or rendering to a foreign country or entity, without charge or trial, of any person, including US citizens, detained, arrested, or captured anywhere in the world, including the US. The bill is the 2012 National Defense Authorization Act (NDAA) (H.R. 1540 and S. 1867). [GovTrack, 12/31/2012] The NDAA created controversy soon after the indefinite detention provisions were revealed (see July 6, 2011 and after). Civil liberties and human rights advocates raised concerns about sections 1026, 1027, and 1028, which restrict transfers and releases of prisoners from the US prison at Guantanamo, including those found to be innocent, but the most controversial parts of the bill are Sections 1021 and 1022, which provide for indefinite military detention. A federal judge will later issue a preliminary injunction barring enforcement of Section 1021, finding it unconstitutional (see May 16, 2012). [Verdict, 12/21/2011]
Detention Authorities Currently Unclear, Not Settled by NDAA - The Supreme Court ruled by plurality in Hamdi v. Rumsfeld (2004) (see June 28, 2004 that Yaser Esam Hamdi, a US citizen captured by the Northern Alliance in Afghanistan and alleged to have been armed and traveling with a Taliban unit (see December 2001), could be held by the military without charge or trial until the end of hostilities authorized by the 2001 Authorization for Use of Military Force (AUMF). In other circumstances, such as persons not engaged in armed combat with US forces, or persons arrested or captured away from a battlefield, or inside the United States, the rights of prisoners and the legality of indefinite military detention are unsettled issues, and the NDAA provides no clarification. The AUMF makes no reference to the detention of prisoners or military operations inside the United States, but both the Bush and Obama administrations have consistently interpreted language giving the president authority to use “all necessary and appropriate force” to include broad powers of detention. Due to the lack of clear expression of the scope of these authorities in the AUMF, as well as potential conflicts with the Constitution, related case law includes differing judicial opinions. Supreme Court rulings have not addressed all the questions raised by the complexity of the issues involved. [New York Times, 12/1/2011; Secrecy News, 2/6/2012; Elsea, 6/11/2012 ; Salon, 12/15/2012] The NDAA states in 1021(d), “Nothing in this section is intended to limit or expand the authority of the president or the scope of the [AUMF],” and (e): “Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.” [Public Law 112 81 ] This language was included following the nearly unanimous passage of Senate Amendment (SA) 1456. It was a compromise, following the defeat of three other amendments proposed by members of Congress concerned about the NDAA’s blanket detention authority: SA 1107, introduced by Senator Mark Udall (D-CO), which would have removed detention provisions from the bill and required the executive branch to submit a report to Congress on its interpretation of its detention powers and the role of the military; SA 1125, introduced by Senator Diane Feinstein (D-CA), which would have limited the definition of covered persons to those captured outside US borders; and SA 1126, also introduced by Feinstein, which would have would have excluded US citizens from indefinite detention provisions. [Senate, 12/1/2011; The Political Guide, 12/31/2012] Supporters of broad detention authority say the entire world is a battlefield, and interpret Hamdi to mean any US citizen deemed an enemy combatant can legally be detained indefinitely by the military. Opponents point out that Hamdi was said to have been fighting the US in Afghanistan, and that military detention without trial is limited to those captured in such circumstances. Opponents also say the 1971 Non-Detention Act outlawed indefinite detention of US persons arrested in the US. Feinstein, who submitted SA 1456 inserting the compromise language, states: “[T]his bill does not change existing law, whichever side’s view is the correct one. So the sponsors can read Hamdi and other authorities broadly, and opponents can read it more narrowly, and this bill does not endorse either side’s interpretation, but leaves it to the courts to decide.” Senator Carl Levin (D-MI), sponsor of the original NDAA in the Senate, agrees, saying: “[W]e make clear whatever the law is. It is unaffected by this language in our bill.” [Senate, 12/1/2011]
NDAA 'Affirms' Authority Not Expressly Granted in AUMF, Further Muddies Already Unclear Powers - In the NDAA, Congress attempts to settle some of the aforementioned legal questions by asserting in the NDAA that these authorities were included in the AUMF or that the president already possessed them (unless the courts decide otherwise). Section 1021(a) states: “Congress affirms that the authority of the president to use all necessary and appropriate force pursuant to the [AUMF]… includes the authority for the Armed Forces of the United States to detain covered persons (as defined in sub-section (b)) pending disposition under the law of war… (c)(1) until the end of the hostilities authorized by the [AUMF].” This clear statement regarding detention authority is an implicit acknowledgment that the AUMF neither explicitly authorizes indefinite military detention, nor spells out the scope of such authority. As noted above, both the George W. Bush and Obama administrations, citing the AUMF, have claimed this authority, and some courts have upheld their interpretation. However, as noted by critics of the bill such as the American Civil Liberties Union (ACLU), Human Rights Watch (HRW), and constitutional scholar Glenn Greenwald, this is the first time Congress has codified it. Also, despite Congress’s assertion in the NDAA that it does not “expand… the scope of the [AUMF],” the language in the bill does exactly that. The AUMF pertained only to those responsible for the 9/11 attacks, or those who harbored them. Subsection (b)(2) of the NDAA expands the definition of covered persons and activities to include “[a] person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.” Terms such as “substantially supported,” “directly supported,” and “associated forces” are not defined in the NDAA and are thus subject to interpretation, introducing new ambiguities. In addition, though the AUMF does not explicitly authorize it, the NDAA clearly covers any person, including US persons, “captured or arrested in the United States,” should the courts decide that the AUMF did, in fact, authorize this, or that it is otherwise constitutional. A federal judge will later issue a preliminary injunction barring enforcement of this section of the NDAA, in part because of its conflicting, vague language but also because of her finding that it infringes on the right to due process, and to freedom of speech and association (see May 16, 2012). [Public Law 112 81 ; American Civil Liberties Union, 12/14/2012; Human Rights Watch, 12/15/2012; Salon, 12/15/2012]
Section 1022: Mandatory Military Custody for Non-US Citizen Members of Al-Qaeda - Section 1022 requires that those determined to be members of al-Qaeda or “an associated force” and who “participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners” be held in “military custody pending disposition under the law of war.” This section is somewhat less controversial than section 1021 as it is more specific and limited in scope, and contains an exemption for US citizens, such that section 1022 may be applied to US citizens, but is not required to be: (b)(1) “The requirement to detain a person in military custody under this section does not extend to citizens of the United States.” [Public Law 112 81 ]
Obama Administration Insisted on Broad Detention Authority - According to Senators Levin and Lindsey Graham (R-SC), the Obama administration required that detention authorities be applicable to US citizens, including those arrested in the US. Levin says that “language which precluded the application of section 1031 [1021 in the final bill] to American citizens was in the bill we originally approved in the Armed Services Committee, and the administration asked us to remove the language which says that US citizens and lawful residents would not be subject to this section.” [Senate, 11/17/2011] Graham says: “The statement of authority I authored in 1031 [1021 in final bill], with cooperation from the administration, clearly says someone captured in the United States is considered part of the enemy force regardless of the fact they made it on our home soil. The law of war applies inside the United States not just overseas.” [Senate, 11/17/2011]
How Congress Votes - With President Obama having signaled he will sign the bill, the Senate votes 86-13 in favor, with one abstention. Six Democrats and six Republicans vote against it, along with Senator Bernie Sanders (I-VT). [Open Congress, 12/15/2011] The House votes 283-136 in favor of the bill, with 14 abstentions. Democrats are evenly divided, with 93 voting for the NDAA and 93 against. Republicans voting are overwhelmingly in favor: 190-43, almost four out of five. Obama will sign the NDAA into law by December 31, 2011 (see December 31, 2011). [Open Congress, 12/14/2011]
Fallout over Bill - The same day Congress votes to pass the bill, two senators who voted for it, Feinstein and Patrick Leahy (D-VT), introduce a bill to restrict presidential authority to indefinitely detain US citizens (see December 15, 2011). A poll that will be conducted shortly after the bill is passed finds that only one in four “likely voters” approve of it (see December 22-26, 2011). Less than six months after the bill is signed into law, a federal judge will issue a preliminary injunction barring enforcement under section 1021 (see May 16, 2012), in response to a lawsuit that will be filed by seven activists and journalists (see January 13, 2012).
Senator Dianne Feinstein (D-CA), joined by 13 Democrats and Republicans as co-sponsors, sponsors a bill to ban indefinite detention of US citizens and legal residents arrested in the United States. Feinstein does this on the same day that she and a number of her co-sponsors vote for the 2012 National Defense Authorization Act (NDAA), an annual ‘must pass’ defense spending bill that contains controversial provisions authorizing indefinite military detention of anyone, including US citizens arrested in the United States, accused of supporting groups hostile to the United States. Only 13 senators vote against the NDAA (see December 15, 2011). President Obama will sign the NDAA into law on December 31 (see December 31, 2011). The bill sponsored by Feinstein, S. 2003: Due Process Guarantee Act (DPGA), only exempts US citizens and legal residents from indefinite detention if arrested in the United States: “An authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States, unless an act of Congress expressly authorizes such detention.” The NDAA also authorizes prisoners to be rendered and transferred to the custody of foreign countries and entities. As the DPGA does not explicitly ban this practice concerning US citizens and legal residents arrested in the United States, it is unclear what impact it would have, if any, on this particular aspect of the NDAA. [GovTrack.us, 12/15/2011] Feinstein says in a press release issued the same day: “We must clarify US law to state unequivocally that the government cannot indefinitely detain American citizens inside this country without trial or charge. I strongly believe that constitutional due process requires US citizens apprehended in the US should never be held in indefinite detention. And that is what this new legislation would accomplish.” [US Senator, 12/15/2011] According to a press release issued by co-sponsor Senator Patrick Leahy (D-VT), the purpose of the DPGA is to “make clear that neither an authorization to use military force nor a declaration of war confer unfettered authority to the executive branch to hold Americans in indefinite detention.” In the 2004 Supreme Court opinion in Hamdi v. Rumsfeld, Justice Sandra Day O’Connor stated unequivocally, “We have long since made clear that a state of war is not a blank check for the president when it comes to the rights of the nation’s citizens.” [US Senator, 12/15/2011] As of August 2012, the DPGA will have a total of 30 co-sponsors. [GovTrack.us, 12/15/2011]
Presidential candidate Newt Gingrich explains why he feels the president can arrest judges with whom he disagrees. [Source: CBS News / Talking Points Memo]Republican presidential candidate Newt Gingrich (R-GA) tells a CBS audience that if he becomes president, he would send federal law enforcement officials to arrest judges who make rulings he finds unacceptable. Interviewed by CBS’s Bob Schieffer, he says the president should send Capitol Police officers or US Marshals to arrest “activist” judges who make controversial rulings, and compel them to appear before Congress to justify their decisions. Schieffer asks: “Let me just ask you this and we’ll talk about enforcing it, because one of the things you say is that if you don’t like what a court has done, the Congress should subpoena the judge and bring him before Congress and hold a congressional hearing. Some people say that’s unconstitutional. But I’ll let that go for a minute. I just want to ask you from a practical standpoint, how would you enforce that? Would you send the Capitol Police down to arrest him?” Gingrich responds he would if he “had to,” and continues, “Or you instruct the Justice Department to send the US Marshal.” A judge who issues what Gingrich calls a “radical” ruling would be forced to explain his ruling before Congress, Gingrich says: “I would then encourage impeachment, but before you move to impeach him you’d like to know why he said it.” If the judge refuses to appear under his own power, federal law enforcement officials are empowered to bring them in to testify involuntarily, he says: “I mean, you’re raising the core question—are judges above the rest of the constitution or are judges one of the three co-equal branches?… You have an increasingly arrogant judiciary. The question is: Is there anything we the American people can do? The standard answer has been eventually we’ll appoint good judges. I think that’s inadequate. The Constitution promises a balance of the judicial branch, the executive branch, and the legislative branch. The Federalist Papers say specifically the weakest of the three branches is the judiciary.” Schieffer says: “You know, the old saying in legal circles is that the Supreme Court is not last because it’s right. It’s right because it’s last. There comes a point where you have to accept things as the law of the land. How does the president decide what is a good law—and I’m going to obey the Supreme Court—or what’s a bad law and I’m just going to ignore it.” Gingrich replies: “I think it depends on the severity of the case. I’m not suggesting that the Congress and the president review every decision. I’m suggesting that when there are decisions… in which they are literally risking putting civil liberty rules in battlefields. I mean it is utterly irrational for the Supreme Court to take on its shoulders the defense to the United States. It is a violation of the Constitution.” Reporter Sam Stein notes that the day before, Gingrich held a half-hour telephone call with donors and supporters in which he pledged that if elected president, he would abolish courts and eliminate “activist judges” he considers “outside the mainstream or infringing too deeply on the commander in chief’s authority.” Many judicial experts consider Gingrich’s stance to be flatly unconstitutional. Former Attorney General Michael Mukasey, who served in the recent Bush administration, has called Gingrich’s ideas about the judiciary “dangerous, ridiculous, totally irresponsible, outrageous, off-the-wall, and [likely to] reduce the entire judicial system to a spectacle.” Bert Brandenburg of the nonpartisan Justice at Stake organization says: “Overall, he’s racing towards a cliff. It may be expedient to appeal to specific voters in primaries or caucuses, but it’s a constitutional disaster. Americans want courts that can uphold their rights and not be accountable to politicians. When you get to the point where you’re talking about impeaching judges over decisions or abolishing courts or calling them before Congress, it’s getting very far away from the American political mainstream.” Two of Gingrich’s Republican presidential challengers, Mitt Romney (R-MA) and Ron Paul (R-TX), publicly disagree with Gingrich’s position, with Paul calling the idea of compelling judges to appear before Congress “a real affront to the separation of the powers.” Michael McConnell, director of the Constitutional Law Center at Stanford University and a former federal appeals judge appointed by President Bush, says conservatives “should not be cheering” and “are misled” if they believe Gingrich’s ideas are in their best interests, especially considering many conservatives are relying on the Supreme Court to find President Obama’s health care legislation unconstitutional. He says: “You would think that this would be a time when they would be defending the independence of the judiciary, not attacking it. You can’t have it both ways. It can’t be that when conservative Republicans object to the courts, they have the right to replace judges, and when liberal Democrats disapprove of the courts, they don’t. And the Constitution is pretty clear that neither side can eliminate judges because they disagree with their decisions.” [Washington Post, 12/18/2011; Think Progress, 12/18/2011; Huffington Post, 12/18/2011; Washington Post, 12/19/2011]
Entity Tags: US Capitol Police, Michael McConnell, Bob Schieffer, Bert Brandenburg, Michael Mukasey, Ron Paul, US Marshals, Willard Mitt Romney, US Department of Justice, Newt Gingrich
Timeline Tags: Civil Liberties, 2012 Elections
The logo of InfoCision, the telemarketing firm that received much of the ASWF monies. [Source: InfoCision]Presidential candidate Newt Gingrich (R-GA) has apparently exploited a loophole in campaign finance law that has allowed him to build what McClatchy News calls “a political money machine that raised $54 million over five years,” according to McClatchy reports. Gingrich has used “a supposedly independent political committee that collected unlimited donations” to “finance… a coast-to-coast shadow campaign that raised his profile and provided a launch pad for his presidential run.” Critics call the ASWF issue another aftereffect of the Citizens United decision (see January 21, 2010).
$54 Million over 5 Years - The Gingrich-supporting PAC, “American Solutions for Winning the Future” (ASWF) was closed down in July 2011. Organized as a so-called “527 group” (see 2000 - 2005 and June 30, 2000), the tax-exempt, “nonprofit” organization raised $28.2 million in the two-year period ending December 31, 2010, the last period for which McClatchy has data. The Center for Responsive Politics reports that ASWF raised almost double the amount garnered by the next closest 527. The organization raised some $54 million throughout its existence, from 2006 to July 2011. McClatchy has learned some of the details behind ASWF and is now revealing them to the public. The organization provided at least $8 million to pay for the chartered luxury jets that Gingrich used to fly back and forth around the nation for public appearances and campaigning for president. The jet charters occurred during the 2008 and 2012 presidential primaries.
Largely Financed by Billionaire, Corporate Donations - ASWF has accepted enormous cash donations from billionaires such as Sheldon Adelson, a Las Vegas casino owner, who has emerged as Gingrich’s primary benefactor. Adelson has given $7.65 million to ASWF, including a million-dollar startup contribution in 2006. According to an Adelson spokesperson, “he and Speaker Gingrich go back a number of years.” Adelson is a prominent supporter and financier of Israeli Prime Minister Benjamin Netanyahu, and like Gingrich holds far-right, aggressively territorial views about Israel. Gingrich has made provocative statements about Israel and the Palestinian people over the years, denying that the Palestinians are a separate people and declaring his support for Israel’s forced-settlement plans that have displaced many Palestinians. A Gingrich spokesman says Adelson and others merely gave to the organization because they agree with Gingrich’s views. Charlotte, North Carolina, real estate developer Fred Godley gave ASWF $1.1 million in 2007 and another $100,000 in 2009. Energy firms donated heavily to ASWF: Peabody Energy, the world’s largest private coal producer, and its chief lobbyist Fred Palmer gave ASWF $825,000. Arch Coal, the US’s second-largest coal company, gave $100,000. Oil and gas firm Devon Energy gave $400,000, as did American Electric Power Company and its CEO Michael Morris. Plains Exploration Company gave $200,000. The late Cincinnati billionaire Carl Lindner gave $690,000. Dallas real estate firm Crow Holdings gave $600,000. Minnesota broadcasting mogul Stanley Hubbard gave $385,000. Wisconsin businessman Terry Kohler gave $328,082. California businessman Fred Sacher gave $275,000. NASCAR president James France gave $264,000. Home Depot co-founder Bernie Marcus gave $250,000. Another Las Vegas casino owner, the late Frank Fertitta Jr., gave $250,000, along with his sons; together the three of them co-owned a casino and the Ultimate Fighting Championship sports league. Former CarMax and Circuit City chief Richard Sharp gave $150,000. Stock brokerage titan Charles Schwab gave $150,000. Cincinnati Reds owner Robert Castellini gave $146,000. Political science professor Larry Sabato says that in light of such enormous contributions, “there’s no way that any politician is going to deny you much of anything that you want.”
New Super PACs Supplanting ASWF - In place of ASWF, two new pro-Gingrich super PACs have formed to support Gingrich’s attempt to close the gap between himself and frontrunner Mitt Romney (R-MA) in the Republican primary.
'Diabolical Scheme' to 'Circumvent' Campaign Finance Law - Campaign expert Lawrence Jacobs calls Gingrich’s use of ASWF “clever,” and adds, “Looking back, and now seeing Gingrich as the frontrunner… it’s an ingenious, diabolical scheme to circumvent what’s left of the campaign finance regime.” Jacobs says of the organization: “The money wasn’t used literally to finance a campaign for a particular office. It was used for a general, over-time campaign to keep Gingrich alive politically—an enormously luxurious campaign operation to sustain his political viability for the right time to jump into the presidential race. It’s no accident that he’s popped in in 2012.” Jacobs says ASWF operated “right on the line” of legality. Sabato says ASWF played a key role in resuscitating Gingrich’s flagging political career. His term as speaker of the House ended in scandal and resignation, and his high-profile divorces and profligate personal and campaign spending had led many to assume that Gingrich’s political career was over. But Sabato says Gingrich used ASWF to create what he calls a new kind of informal candidacy, one that shows the inherent weakness of campaign finance laws that are supposed to ensure “nobody could give so much money that they would become too influential, too powerful.” ASWF was always nominally independent, as required by law, but in 2009 Gingrich ousted its board of directors and took the title of general chairman. Gingrich never formed a formal exploratory committee before declaring his candidacy for president. McClatchy observes, “None of his Republican presidential rivals, nor any other federal candidate for that matter, is known to have operated such a committee before formally declaring his or her candidacy.” Gingrich spokesperson R.C. Hammon says Gingrich did not begin considering a presidential campaign until April 2011, and all of his committee activities were “legitimate.” Hammond says: “The purpose of American Solutions was to advance an agenda of free enterprise and tri-partisan solutions. Those were the activities he was undertaking.” ASWF is just one of a network of political entities that Gingrich has created over the last 10 years. He has managed to enrich himself by charging lucrative fees for speeches, consulting for undisclosed health care industry firms, and selling historical documentaries and books. After the group was formed in the fall of 2006, Gingrich sent a letter to potential backers calling it a unique organization “designed to rise above traditional gridlocked partisanship” and to develop “breakthrough solutions to the most important issues facing this country.” Vin Weber, a former Minnesota congressman who served on ASWF’s board for two years, says the group “certainly helped build his path back into political prominence.” He adds, “They basically sent Newt around the country promoting American Solutions.” Weber is now supporting Romney for the presidency. He says that ASWF had “not gotten really up to speed in terms of programming” when he received a call, apparently in 2008, advising him that the board was being abolished. Gingrich then took over as the group’s general chairman.
Relatively Little Spent on Campaign Initiatives, Most Spent on Raising More Money - ASWF proposed a number of campaign and advertising initiatives that would appeal to conservative donors, including:
a “Drill Now!” movement aimed at increasing US oil exploration;
attempts to rally opposition to President Obama’s health care reform efforts;
a campaign to fight climate change legislation that would call for reduced carbon emissions by industrial concerns.
But of $37.9 million raised from 2006 through 2009, the committee spent just $7.2 million on programs, according to its filings with the Internal Revenue Service. Most of the ASWF money was spent on telemarketers and direct-mail appeals to develop a loyal pool of wealthy contributors. InfoCision, an Ohio telemarketing firm that specializes in building lists of “small” donors, was paid some $30 million over the course of the organization’s existence, exhausting much of the money contributed. $17 million of that money was used to finance Gingrich’s travel. [McClatchy News, 12/19/2011; Think Progress, 12/19/2011]
Entity Tags: Bernie Marcus, Benjamin Netanyahu, Richard Sharp, R.C. Hammon, Plains Exploration Company, Sheldon Adelson, Stanley Hubbard, Terry Kohler, Vin Weber, American Electric Power Company, Barack Obama, American Solutions for Winning the Future, Willard Mitt Romney, Arch Coal, Newt Gingrich, Robert Castellini, McClatchy News, Michael Morris, Crow Holdings, Charles Schwab, Center for Responsive Politics, Carl Lindner, Devon Energy, Frank Fertitta Jr., Peabody Energy, Fred Palmer, Internal Revenue Service, InfoCision, James France, Fred Sacher, Larry J. Sabato, Fred Godley, Lawrence Jacobs
Timeline Tags: Civil Liberties, 2012 Elections
Newt Gingrich 2012 presidential campaign logo. [Source: Logo Design Love (.com)]The political watchdog organization Citizens for Responsibility and Ethics in Washington (CREW) files a complaint against presidential candidate Newt Gingrich (R-GA) alleging that he sold his mailing list to his own campaign for $42,000. CREW files the complaint with the Federal Election Commission (FEC), and calls the transaction an unlawful personal use of campaign funds. The complaint also alleges that Gingrich seems to be improperly commingling book sales and campaign events. The mailing list sale was never listed on FEC disclosure forms. CREW executive director Melanie Sloan says: “Newt Gingrich will do anything to make a buck, even sell his own mailing list to his campaign. He has a long history of playing fast and loose with ethics rules, so it should surprise no one to learn he is at it again.” Gingrich campaign spokesman R.C. Hammond says in response that “if the FEC considers the complaint, they will find that the rules are being followed and published regulations are being enforced.” It is not unusual for political campaigns to buy and sell mailing lists, but the Gingrich case is unusual because Gingrich’s campaign says it bought the mailing list directly from Gingrich, and not from a political committee or group. Documents show that Gingrich stated in July 2011 that he was owed $47,005 by the campaign for “direct mail list/travel.” At the time, Hammond said the campaign paid Gingrich $42,000 for the mailing list. Hammond claims that he, not Gingrich, owned the mailing list, and that the failure to disclose the payment was merely an oversight. In its complaint, CREW notes that the mailing list was not included as an asset in Gingrich’s financial disclosure records, which are filed by presidential candidates. Therefore, the group argues, the list appears to be owned by Gingrich Productions, which is the name of the holding firm now headed by Gingrich’s wife Callista. Gingrich Productions routinely sells books and other materials at the same venues as Gingrich holds campaign-related events, an improper “commingling” of sales and campaign appearances. Federal law prohibits candidates from using campaign resources to profit personally or from using corporate funds to subsidize a campaign. [Washington Post, 12/19/2011] On the same day as the complaint filing, the press reveals an “extraordinary” and potentially illegal relationship between Gingrich and an “independent” political PAC (see December 19, 2011).
Representatives John Yarmuth (D-NY) and Walter Jones (R-NC) file a bill, the Yarmuth-Jones Disclose Act, that would amend the US Constitution to overturn the Citizens United ruling (see January 21, 2010) and take special-interest money out of American politics. The proposed amendment establishes that financial expenditures and in-kind contributions do not qualify as protected free speech under the First Amendment (see January 30, 1976, April 26, 1978, June 25, 2007, June 26, 2008, January 21, 2010, January 21, 2010, January 22, 2010, March 26, 2010, and December 12, 2011). It also makes Election Day—the first Tuesday in November—a legal holiday, and enables Congress to establish a public financing system that would serve as the sole source of funding for federal elections (see 1974, January 26, 2011 and After, June 27, 2011, and December 1, 2011). Yarmuth explains his proposal in the context of the Citizens United case, saying: “Corporate money equals influence, not free speech. The last thing Congress needs is more corporate candidates who don’t answer to the American people. Until we get big money out of politics, we will never be able to responsibly address the major issues facing American families—and that starts by ensuring our elections and elected officials cannot be bought by the well-off and well-connected.” Jones says in a statement: “If we want to change Washington and return power to the citizens of this nation, we have to change the way campaigns are financed. The status quo is dominated by deep-pocketed special interests, and that’s simply unacceptable to the American people.” Jones is one of the very few Republicans in Congress who is willing to advocate for campaign finance reform. It is unlikely the bill will pass the Republican-controlled House, and Senate Republicans would likely block it if it made it to that chamber. Amendments to the Constitution require a two-thirds vote in both chambers of Congress before being approved by three-fourths of state legislatures. [US House of Representatives, 12/20/2011; WFPL, 12/20/2011; Think Progress, 12/20/2011] This is not the first attempt to amend the Constitution to overturn Citizens United and regulate campaign financing (see September 20, 2011, November 23, 2010, November 1, 2011, and November 18, 2011).
Republican presidential frontrunner Mitt Romney (R-MA) tells MSNBC reporter Chuck Todd that wealthy donors should be able to give unlimited amounts directly to candidates in lieu of donating to “independent” organizations such as super PACs (see March 26, 2010, June 23, 2011, and November 23, 2011). The US history of campaign finance law (see 1883, 1896, December 5, 1905, 1907, June 25, 1910, 1925, 1935, 1940, February 7, 1972, 1974, May 11, 1976, January 30, 1976, January 8, 1980, March 27, 1990, March 27, 2002, and December 10, 2003), including the 2010 Citizens United decision (see January 21, 2010), has always put stringent limitations on what donors can contribute directly to candidates. Asked if he thinks the Citizens United decision was a poor one, Romney responds: “Well, I think the Supreme Court decision was following their interpretation of the campaign finance laws that were written by Congress. My own view is now we tried a lot of efforts to try and restrict what can be given to campaigns, we’d be a lot wiser to say you can give what you’d like to a campaign. They must report it immediately and the creation of these independent expenditure committees that have to be separate from the candidate, that’s just a bad idea.” Ian Millhiser, a senior legal analyst for the liberal news Web site Think Progress, responds: “It’s not entirely clear from this interview that Romney understands what happened in Citizens United. That decision emphatically did not follow any ‘interpretation of campaign finance laws that were written by Congress.’ Rather, Citizens United threw out a 63-year-old federal ban on corporate money in politics.… [I]t was not a case of judges following the law. More importantly, however, Romney’s proposal to allow wealthy donors to give candidates whatever they’d ‘like to a campaign’ is simply an invitation to corruption (see October 17, 2011). Under Romney’s proposed rule, there is nothing preventing a single billionaire from bankrolling a candidate’s entire campaign—and then expecting that candidate to do whatever the wealthy donor wants once the candidate is elected to office. Romney’s unlimited donations proposal would be a bonanza for Romney himself and the army of Wall Street bankers and billionaire donors who support him, but it is very difficult to distinguish it from legalized bribery.” Millhiser notes that Romney had a different view on the subject in 1994, saying then that when you allow special interest groups to buy and sell candidates, “that kind of relationship has an influence on the way that [those candidates are] going to vote.” [Think Progress, 12/21/2011]
A public opinion poll finds the 2012 National Defense Authorization Act (NDAA), which provides for indefinite military detention of anyone accused of supporting groups hostile to the United States, has low support among the general public. The poll, conducted by IBOPE (formerly known as Zogby) shortly after the bill is passed by Congress (see December 15, 2011), finds that just 24 percent of Americans who are “likely voters” say they support the NDAA, and only 4 percent strongly support it. Thirty-eight percent oppose it, and another 38 percent are unsure. Thirty percent of Republicans, 22 percent of independents, and 21 percent of Democrats approve of the law. The results of the poll will be released on January 6, 2012, after President Obama signs the bill into law (see December 31, 2011). The bill began generating controversy six months ago, after the American Civil Liberties Union highlighted the indefinite detention provisions (see July 6, 2011 and after). [IBOPE InteligÃªncia, 1/6/2012]
An illuminated letter from the Magna Carta. [Source: University of Maine at Farmington]Three freshman New Hampshire Republican House members submit a bill that would require all new legislation proposed in the New Hampshire Congress to source itself in the Magna Carta, the English declaration of rights written in 1215. Bob Kingsbury (R-Laconia), Tim Twombly (R-Nashua), and Lucien Vita (R-Middleton) write a bill that consists of the following single line: “All members of the general court [the New Hampshire legislature] proposing bills and resolutions addressing individual rights or liberties shall include a direct quote from the Magna Carta which sets forth the article from which the individual right or liberty is derived.” Most legal authorities recognize that the Magna Carta, compiled of 63 demands laid down by feudal barons to England’s King John, is one of the sources of inspiration for the US Constitution, but consider it quite outdated for modern use. Some of the Magna Carta’s demands are: “No widow shall be compelled to marry, so long as she wishes to remain without a husband”; “We shall straightway return the son of Llewelin and all the Welsh hostages.… We shall act towards Alexander King of the Scots regarding the restoration of his sisters”; and, “If anyone who has borrowed a sum of money from Jews dies before the debt has been repaid, his heir shall pay no interest on the debt for so long as he remains under age.” Kingsbury says he is primarily thinking of bills concerning the judicial system, and cites the Magna Carta’s clause that states that “no freeman” shall be imprisoned or harmed “save by the lawful judgment of his peers or by the law of the land.” New Hampshire Democratic Party spokesman Ray Buckley says he is “mostly speechless,” and adds: “I appreciate all the hard work the Republican legislators are putting into the effort to make them look like extremists. Saves us the trouble.” Kingsbury tries to downplay the importance of the legislation, saying its primary intent is to honor the Magna Carta’s upcoming 800-year anniversary in 2015. Vita admits that he needs to “bone up” on the content of the charter, but adds, “it’s a document that still functions.” He says the Magna Carta bill is similar to bills in the US Congress requiring all legislation to cite constitutional authority. “This is a little bit older than the Constitution, but the same thought is there,” Vita says. Kingsbury says that concerns of legal problems deriving from any such requirement are “interesting,” adding, “Everything has an analog, everything has an origin, and this is part of the origin of what we have in our country.” Twombly says “no way in heck” was his intention in backing the bill to prevent progressive civil rights legislation from being introduced. “That’s not my thought whatsoever,” he says, acknowledging that the Magna Carta does not address issues like gay rights and abortion. “Our society has changed a lot since then. There are issues that need to be resolved that weren’t a problem years ago.” Kingsbury says even if the law passes, no punitive measures would entail if legislation did not actually cite the Magna Carta. “It’s a recommendation that would be nice to be followed,” he says. [Concord Monitor, 12/24/2011] Think Progress reporter Marie Diamond writes of the bill: “Conservatives have long prided themselves on being constitutional ‘purists’ who want to strip government down to the basic form they say was laid out in the country’s founding document. But requiring textual justification from another country’s founding document, which has no legal history or authority in the US, is a curious extension of that principle.” [Think Progress, 1/4/2012]
The Virginia Republican Party will require voters to sign a loyalty oath in order to participate in the March 6 presidential primary. In order to vote in the primary, Virginians will have to sign a form at the polling place pledging to support the eventual Republican nominee for president. Any voter who refuses to sign the oath would not be allowed to vote. The State Board of Elections voted 3-0 to approve the forms as requested by the Virginia GOP. The oath is legal under Section 24.2-545 of the Code of Virginia. The oath reads, “I, the undersigned, pledge that I intend to support the nominee of the Republican Party for president.” The voter must then sign the form and print his or her name. Only two candidates, Mitt Romney (R-MA) and Ron Paul (R-TX), will be on the ballot; other Republican candidates either did not garner enough signatures to qualify or did not seek to be placed on the ballot. Virginia has “open” primaries, which means that voters from any party, or unaffiliated voters, may vote in any party’s primary, although voters must only vote in one primary of their choosing. In the 2000 GOP presidential primary, voters were required to sign a pledge reading, “I, the undersigned, state that I do not intend to participate in the nomination process of any other party than the Republican Party.” Virginia did not hold a GOP primary election in 2004 because President Bush was running uncontested for re-election. For the 2008 elections, the Virginia GOP chose not to require a loyalty oath, partially because Democrats were voting in their own primary election. In 2012, there will be no Virginia Democratic primary because President Obama will be the only Democrat on the ballot. GOP State Delegate Robert Marshall says he disagrees with the idea of a loyalty oath, and that such a thing does not fit in with the philosophy espoused by the Republican Party. “Ironically, requiring a loyalty oath will bar even former US House Speaker Newt Gingrich [another presidential candidate who is not on the ballot] from voting in the primary because he already has said unequivocally that he will not vote for Ron Paul for president if he’s the Republican nominee,” Marshall says. “Virginia’s Republican leadership wants to mandate a loyalty oath when Virginia’s Republican officials are in court fighting the Obamacare mandate? This sends the wrong message.” [Inside NoVA, 12/29/2011; Inside NoVA, 12/29/2011]
The Montana Supreme Court rules 5-2 in the case of Western Tradition Partnership v. Bullock that a century-old law prohibits corporate spending in state and federal elections conducted within the state. The ruling seems to challenge the US Supreme Court’s Citizens United ruling (see January 21, 2010). The case stems from a challenge by a “social welfare organization,” Western Tradition Partnership (WTP, which changed its name to American Tradition Partnership after the original lawsuit was filed), joined by two other corporate entities, to Montana’s 1912 Corrupt Practices Act (CPA). The law banned corporate spending in elections, after two out-of-state copper industry magnates attempted to “buy” the Montana legislature by pouring money into the 1894 state elections. The law declares that “corporations may not make… an expenditure in connection with a candidate or a political committee that supports or opposes a candidate or a political party.” The Montana Supreme Court finds that the CPA is needed to ensure the integrity of Montana’s elections, and to make sure that citizens and not corporations are running the state. However, the Court acknowledges that its ruling conflicts with the Citizens United decision, though it says that the Citizens United decision allows for restrictions on corporate political speech if the government can demonstrate that the restrictions are as minimal as possible to achieve a compelling governmental interest. The Montana Court rules that because of Montana’s history of corporate vote-buying and the narrow restrictions of the CPA, the law should stand. It also notes that Western Tradition Partnership argued in its original suit that disclosure laws, as opposed to outright bans, would serve the public interest and guard against corruption; however, the organization is currently involved in another lawsuit in which it argues that those same disclosure laws are unconstitutional restrictions of the freedom of speech. [Western Tradition Partnership v. Bullock et al, 12/30/2011 ; Los Angeles Times, 1/4/2012; Reuters, 6/25/2012; OMB Watch, 6/25/2012; Washington Post, 6/25/2012; OMB Watch, 7/10/2012] Even one of the dissenters, Justice James C. Nelson, disagrees with the Citizens United characterizations that corporations are legally people, writing: “Corporations are not persons. Human beings are persons, and it is an affront to the inviolable dignity of our species that courts have created a legal fiction which forces people—human beings—to share fundamental, natural rights with soulless creatures of government. Worse still, while corporations and human beings share many of the same rights under the law, they clearly are not bound equally to the same codes of good conduct, decency, and morality, and they are not held equally accountable for their sins. Indeed, it is truly ironic that the death penalty and hell are reserved only to natural persons.” WTP’s director Donald Ferguson says after the decision that the case hinges on freedom of speech (see January 21, 2010): “The current state law says that if you own a business and you would like to use the resources of the business to speak out about how you see the law, you essentially have to ask prior permission from the state. Under the current regime, the state regulatory agencies and the newspapers basically have a monopoly on information. We’re simply trying to put more free speech in motion.” [Los Angeles Times, 1/4/2012; Huffington Post, 1/4/2012]
Legal Scholars Anticipate Montana Ruling to be Overturned - Paul Ryan of the Campaign Legal Center calls the Montana high court’s ruling “an antidote to the crabbed view of corruption” displayed in Citizens United. Ryan, like many others, anticipates the US Supreme Court will overturn today’s ruling. [Huffington Post, 1/4/2012] One of those others is law professor Richard Hasen, who writes: “[I]f the Court were being honest in Citizens United, it would have said something like: ‘We don’t care whether or not independent spending can or cannot corrupt; the First Amendment trumps this risk of corruption.’ But the Court didn’t say that, because it would have faced even greater criticism than it already has. So it dressed up its value judgment (no corruption ‘implied in law’) as a factual statement. The Montana Supreme Court called SCOTUS [the US Supreme Court] on this. And when SCOTUS reverses, the disingenuousness of this aspect of CU will be on full display for all.” Hasen is referring to the Court’s finding in Citizens United that independent spending in elections does not legally imply corruption. [Rick Hasen, 1/1/2012]
Appeal to Supreme Court - Attorneys for WTP and the other corporate plaintiffs will appeal to the US Supreme Court on the grounds that Montana is bound by the Citizens United decision and that the decision applies to state as well as federal elections. Attorney James Bopp, in filing the appeal, will say: “If Montana can ban core political speech because of Montana’s unique characteristics, free speech will be seriously harmed. Speakers will be silenced because of corruption by others over a century ago.” The US Supreme Court will quickly issue a stay of that decision. [Reuters, 6/25/2012; OMB Watch, 6/25/2012] When the case reaches the US Supreme Court, the name of the plaintiff will change into “American Tradition Partnership,” and the Court’s documentation will reflect that change. The Court will overrule the Montana decision (see June 25, 2012). After the decision, American Tradition Partnership’s Web site will disappear, but the liberal accountability organization SourceWatch will describe the organization’s parent, the American Tradition Institute, as described in the group’s mission statement: “a public policy research and educational foundation… founded in 2009 to help lead the national discussion about environmental issues, including air and water quality and regulation, responsible land use, natural resource management, energy development, property rights, and free-market principles of stewardship.” ATI and its affiliates are pro-development and against expanded environmental regulation, according to SourceWatch’s documentation, made up of “a broader network of groups with close ties to energy interests that have long fought greenhouse gas regulation.” [SourceWatch, 2012]
Entity Tags: American Tradition Institute, American Tradition Partnership, Donald Ferguson, James C. Nelson, 1912 Corrupt Practices Act (Montana), SourceWatch, US Supreme Court, Paul S. Ryan, Montana Supreme Court, James Bopp, Jr, Richard L. Hasen
Timeline Tags: Civil Liberties
President Obama signs a controversial bill passed by Congress (see December 15, 2011), which gives the president power to order indefinite military detention for anyone deemed an enemy combatant, including US citizens arrested or captured in the United States. Obama had threatened to veto the 2012 National Defense Authorization Act (NDAA) on a number of occasions, but once certain restrictions on presidential authority were removed, he became willing to sign it. For instance, the original version of the bill required that persons covered by the bill be held prisoner by the military and prosecuted by military tribunals, if at all. Obama was of the view that by requiring military detention, Congress was intruding on areas under the purview of the executive branch, and in ways that would impede the ability of the executive branch to effectively gather intelligence, fight terrorism, and protect national security. He also believed the bill was unnecessary and potentially risky in order to codify detention authority, and that the president already had authority, via the 2001 Authorization to Use Military Force (AUMF) and subsequent court rulings, to unilaterally designate persons, including US citizens, as enemy combatants and subject them to indefinite military detention without trial. [White House, 12/31/2011; Salon, 12/15/2012] For the same reasons, Secretary of Defense Leon Panetta, CIA Director David Petraeus, FBI Director Robert Mueller, Director of National Intelligence James Clapper, White House Advisor for Counterterrorism John Brennan, and DOJ National Security Division head Lisa Monaco were also opposed to the mandatory military detention provisions. [ACLU, 12/7/2011] Also, according to Senator Carl Levin (D-MI), a sponsor of the NDAA, “[L]anguage which precluded the application of section 1031 [1021 in the final bill] to American citizens was in the bill we originally approved in the Armed Services Committee, and the administration asked us to remove the language which says that US citizens and lawful residents would not be subject to this section.” [Senate, 11/17/2011] With the bill drafted so that military detention was optional, and an option US citizens were subject to (see December 15, 2011), Obama signaled he would sign it, despite having concerns that it was still unduly restrictive of executive authority, and it unnecessarily codified authority that had been exercised for 10 years and had been upheld by a number of lower court decisions. [White House, 12/17/2011 ] However, in a non-binding signing statement attached to the bill, Obama says he is signing the bill “despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists.” Obama does not specify what his reservations are, but promises: “[M]y administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a nation.” [White House, 12/31/2011]
Controversy over Indefinite Detention Provisions - Though 86 percent of US senators and almost two-thirds of the House of Representatives voted to pass the NDAA (see December 15, 2011), and the bill is signed by Obama, the military detention measures are opposed by a number of constitutional experts and public interest organizations, and a significant percentage of the general public (see December 22-26, 2011).
Entity Tags: James R. Clapper Jr., Carl Levin, Barack Obama, Central Intelligence Agency, Federal Bureau of Investigation, US Department of Justice, US Department of Defense, Leon Panetta, Robert S. Mueller III, John O. Brennan, David Petraeus, Lisa Monaco
Timeline Tags: Civil Liberties
More than a dozen state and local government bodies pass or begin debate on laws or resolutions condemning provisions for indefinite military detention in a recently passed federal law, or limiting cooperation with the federal government on enforcement of the controversial section of the law. The law is the 2012 National Defense Authorization Act (NDAA), an annual defense spending bill, and the controversial sections are 1021 and 1022, which codify indefinite military detention, without charge or trial, of anyone accused of supporting groups hostile to the United States, including US citizens and including persons arrested in the United States (see December 15, 2011). President Obama signed the bill into law on December 31, 2011 (see December 31, 2011). The bill began generating controversy six months earlier, after the American Civil Liberties Union (ACLU) highlighted the indefinite military detention provisions (see July 6, 2011 and after). [Tenth Amendment Center, 12/31/2011; People's Campaign for the Constitution, 12/31/2011]
Washington Post columnist Ruth Marcus sharply criticizes the actions of so-called “super PACs.” Super PACs are political organizations that exist to influence elections, which take unlimited amounts of outside money from donors, including individuals, unions, and corporations, and pool that money to advocate for or against a candidate (see March 26, 2010). By law, super PACs are supposed to operate independently of a candidate’s official campaign organization. A mere 12 donors, including several corporations, one union, and a number of billionaires, made up over half of the donations given to super PACs in the first half of 2011, and Republican super PACs have outraised Democratic super PACs by more than a 2-1 margin (see August 4, 2011). Marcus writes that the presidential election is already devolving into an affair “without meaningful contribution limits or timely disclosure, outsourced to political action committees whose spending often dwarfs that of the candidates they support.” The PACs and super PACs rarely obey the law and operate independently of the candidates they support. The Republican primary season demonstrates just how powerful they are: the super PAC supporting presidential candidate Mitt Romney (R-MA), “Restore Our Future,” has spent $4 million attacking Republican candidate Newt Gingrich (R-GA). The veneer of independence for Restore Our Future is thin: it is run by former Romney political director Carl Forti, its treasurer Charles Spies was Romney’s general counsel, its head fundraiser Steve Roche used to head the Romney 2012 finance team, and Romney has spoken at Restore Our Future events (see June 23, 2011). However, Marcus notes, “up-to-date information about who is bankrolling this effort will not be available until the end of January, by which point four states will have voted and Romney may have the nomination wrapped up.” Restore Our Future was last required to report its donors to the Federal Election Commission (FEC) in July 2011, when it reported raising $12 million. Gingrich’s own super PAC, “Winning Our Future,” is primarily funded by billionaire casino owner Sheldon Adelson, and their fellow Republican candidate Governor Rick Perry (R-TX) has the super PAC “Make Us Great Again.” Long-shot Republican candidate Jon Huntsman’s super PAC, “Our Destiny,” is reportedly funded primarily by Huntsman’s wealthy father. And President Obama’s super PAC, “Priorities USA Action,” has launched anti-Romney ads. Marcus writes, “The rise of these groups erodes the twin pillars of a functional campaign finance system: limits on the size of contributions and timely information about who is writing the checks.” Her concerns are echoed by veteran campaign finance reformer Fred Wertheimer, who recently said: “The establishment of the candidate-specific super PAC is a vehicle to completely destroy candidate contribution limits. It is a vehicle that will spread to Congress and it will lead us back to a system of pure legalized bribery, because you will be back, pre-Watergate, to unlimited contributions that are going for all practical purposes directly to candidates.” For now, super PACs, with their supposed independence, are free to air advertisements attacking opposing candidates while the candidate they support, Marcus writes, “gets to remain above the fray, not required to appear on camera to say that he or she approved this message.” FEC official Ellen Weintraub tells Marcus, “I view the super PAC as the evil twin of the candidate’s campaign committee.” Referring to the legal limit of $2,500 for donations to candidates from individual or corporate donors, Weintraub says, “How can it possibly be true that to give more than $2,500 to a candidate is potentially corrupting but to give millions to an outside group that is acting on the candidate’s behalf is not?” Marcus concludes by saying that “dangerous” super PACs will only increase their influence as the presidential campaign season continues. [Washington Post, 1/3/2012]
Entity Tags: Fred Wertheimer, Willard Mitt Romney, Winning Our Future, Charles R. Spies, Carl Forti, Barack Obama, Washington Post, Federal Election Commission, Steve Roche, Ruth Marcus, Make Us Great Again, Jon Huntsman, James Richard (“Rick”) Perry, Newt Gingrich, Priorities USA Action, Ellen L. Weintraub, Our Destiny, Sheldon Adelson, Restore Our Future
Timeline Tags: Civil Liberties, 2012 Elections
The New York City Council votes to adopt a resolution condemning the concept of “corporate personhood” as established by the 2010 Citizens United decision (see January 21, 2010) and other rulings and laws. Jonah Minkoff-Zern of Public Citizen applauds the ruling, saying that his organization expects “elected officials to heed the call for constitutional reform that makes clear that democracy is for people, not for corporations.… People across the country are standing up to reclaim our democracy.” [Truthout (.org), 1/4/2012] A month ago, the Los Angeles City Council adopted a similar resolution (see December 6, 2011).
Uranium mine near the rim of the Grand Canyon. [Source: Intercontinental Cry (.com)]The Obama administration bans hard-rock mining on more than a million acres in and around the Grand Canyon, an area rich in high-grade uranium ore reserves. The ban is for 20 years. Environmental groups and some Democratic lawmakers have worked for years to limit mining near the Grand Canyon National Park. Representative Edward Markey (D-MA), the ranking member of the House Natural Resources Committee, says, “When families travel to see the Grand Canyon, they have a right to expect that the only glow they will see will come from the sun setting over the rim of this natural wonder, and not from the radioactive contamination that comes from uranium mining.” Interior Secretary Ken Salazar, who has twice imposed temporary bans on mining claims, says: “A withdrawal is the right approach for this priceless American landscape. People from all over the country and around the world come to visit the Grand Canyon. Numerous American Indian tribes regard this magnificent icon as a sacred place, and millions of people in the Colorado River Basin depend on the river for drinking water [and] irrigation.” The basin is already considered one of the nation’s most endangered waterways, and mining operations could use vast amounts of the area’s water and taint much more. The ban reverses a Bush administration decision to open the area to new mining claims; environmentalists have long pointed to the damage wrought to the area by uranium, oil, and gas mining under the Bush administration’s policies.
Mining Poses High Risks to Environment, Tourism - One in 12 Americans gets some or all of their water from the Colorado River Basin, including the residents of Phoenix and Los Angeles, and the area generates about $3.5 billion in annual income, largely from tourism. In contrast, the mining ban will mean that 465 prospective jobs will not materialize, and the area will lose some $16.6 million in annual tax revenue from mining. Supporters of the ban say that the jobs that would come from mining in the area would not be worth the risk to the river basin and the canyon, and a mining mishap would be potentially devastating for tourism. Many of the area’s lands are considered sacred by Native American tribes, and the lands support a vast number of wildlife habitats. Taylor McKinnon of the Center for Biological Diversity says that uranium mining in the area would critically despoil the area, ruin millions of Americans’ access to fresh water, and cut, not increase, job revenues. McKinnon says: “The real economic engine in northern Arizona is not uranium mining. It’s tourism. To jeopardize our economic engine with more toxic uranium mining is unacceptable.” In 2008, former Bureau of Land Management Director Jim Baca said flatly: “Without [the Colorado], there is no Western United States. If it becomes unusable, you move the entire Western United States out of any sort of economic position for growth.” [ProPublica, 12/21/2008; Associated Press, 1/9/2012]
Republicans Criticize Ban - Some Congressional Republicans and mining industry groups call the decision indefensible, saying it will cost hundreds of jobs and deprive the nation of a much-needed energy resource. Senator John McCain (R-AZ) calls the ban a “devastating blow to job creation in northern Arizona,” and says the ban was “fueled by an emotional public relations campaign pitting the public’s love for the Grand Canyon against a modern form of low-impact mining that occurs many miles from the canyon walls.” He says that modern mining techniques will not add toxins to water drawn from the river basin. Other Republicans cite a mining industry study that claims even a severe mining accident would increase uranium levels in the Colorado River by an undetectable amount. Representative Rob Bishop (R-UT) says: “It is unconscionable that the administration has yet again caved to political pressure from radical special interest groups rather than standing up for the American people. Banning access to the most uranium-rich land in the United States will be overwhelmingly detrimental to both jobs in Utah and Arizona and our nation’s domestic energy security.” Senator John Barrasso (R-WY) calls the ban part of the Obama administration’s “war on western jobs.” Senator Mike Lee (R-UT), a tea party supporter, says: “This administration has proven incapable of using even the slightest bit of common sense when it comes to lands policy. The American people are desperate for jobs, and our domestic energy industry provides some of the best paying jobs in the western states. However, the president and Interior Secretary Salazar are intent on appeasing their friends in the extreme left wing of the environmentalist movement during an election year by locking up as much land as possible, regardless of the negative effects on our economy. For energy production that has long been safe and responsible, the announcement represents a needless overreaction to a fictitious problem.” [Senator John McCain, 1/9/2012; Senator John McCain, 1/9/2012] In 2008, the Environmental Protection Agency noted that mining had contaminated 40 percent of the streams and rivers in the western United States, and mining was considered the single most polluting industry in the nation. [ProPublica, 12/21/2008] Many of the claims now blocked from development belong to foreign interests, including Rosatom, Russia’s state atomic energy corporation, and South Korea’s state-owned utility. [PR Newswire, 6/7/2011]
Entity Tags: Michael Shumway (“Mike”) Lee, Jim Baca, Environmental Protection Agency, Edward Markey, John Barrasso, Ken Salazar, Rosatom, Rob Bishop, Obama administration, Taylor McKinnon, John McCain
Timeline Tags: US Environmental Record
The US Supreme Court unanimously upholds a lower court decision in Bluman v. Federal Election Commission to ban foreign citizens from using their money to try to influence US elections (see August 8, 2011). The decision is issued in a brief, single-sentence order. In the days before, legal analyst Ian Millhiser had written a plea for the decision to be upheld, asserting that if the Court were to reject the lower-court decision, it would “tear down one of the few remaining barriers preventing wealthy individuals and corporations from dominating American democracy. Worse, if the court invents a new constitutional right permitting foreigners to contribute to American candidates, it will license foreign corporations to buy our elections.… Bluman asks the justices to punch a giant hole in [the legal] distinction between citizens and foreigners.… It’s difficult to imagine a greater threat to American democracy—or to our national security—than a decision enabling foreign corporations to influence our elections. If the plaintiffs win in Bluman, it opens the door to foreign companies—potentially even companies owned and operated by foreign governments—spending billions to change the makeup of Congress or to elect a president favorable to their interests.” [New York Times, 1/5/2012; Think Progress, 1/9/2012]
The Republican National Committee (RNC) files a court brief calling the federal ban on direct corporate donations to candidates unconstitutional, and demanding it be overturned. Such direct donations are one of the few restrictions remaining on wealthy candidates wishing to influence elections after the 2010 Citizens United decision (see January 21, 2010). The brief is in essence an appeal of a 2011 decision refusing to allow such direct donations (see May 26, 2011 and After). The RNC case echoes a request from Senator Mike Lee (R-UT) that he be allowed to form and direct his own super PAC (see November 23, 2011), and recent remarks by Republican presidential frontrunner Mitt Romney (R-MA) calling for donors to be allowed to contribute unlimited amounts to candidates (see December 21, 2011). The RNC brief claims: “Most corporations are not large entities waiting to flood the political system with contributions to curry influence. Most corporations are small businesses. As the Court noted in Citizens United, ‘more than 75 percent of corporations whose income is taxed under federal law have less than $1 million in receipts per year,’ while ‘96 percent of the 3 million businesses that belong to the US Chamber of Commerce have fewer than 100 employees.’ While the concept of corporate contributions evokes images of organizations like Exxon or Halliburton, with large numbers of shareholders and large corporate treasuries, the reality is that most corporations in the United States are small businesses more akin to a neighborhood store. Yet § 441b does not distinguish between these different types of entities; under § 441b, a corporation is a corporation. As such, it is over-inclusive.” Think Progress legal analyst Ian Millhiser says the RNC is attempting to refocus the discussion about corporate contributions onto “mom and pop stores” and away from large, wealthy corporations willing to donate millions to candidates’ campaigns. If the court finds in favor of the RNC, Millhiser writes: “it will effectively destroy any limits on the amount of money wealthy individuals or corporation[s] can give to candidates. In most states, all that is necessary to form a new corporation is to file the right paperwork in the appropriate government office. Moreover, nothing prevents one corporation from owning another corporation. For this reason, a Wall Street tycoon who wanted to give as much as a billion dollars to fund a campaign could do so simply by creating a series of shell corporations that exist for the sole purpose of evading the ban on massive dollar donations to candidates” (see October 30, 2011). [United States of America v. Danielcytk and Biagi, 1/10/2012 ; Think Progress, 1/11/2012] The RNC made a similar attempt in 2010, in the aftermath of Citizens United; the Supreme Court refused to hear an appeal of its rejection. [New York Times, 5/3/2010; Tom Goldstein, 5/14/2012] Over 100 years of US jurisprudence and legislation has consistently barred corporations from making such unlimited donations (see 1883, 1896, December 5, 1905, 1907, June 25, 1910, 1925, 1935, 1940, March 11, 1957, February 7, 1972, 1974, May 11, 1976, January 30, 1976, January 8, 1980, March 27, 1990, March 27, 2002, and December 10, 2003). Shortly after the Citizens United ruling, RNC lawyer James Bopp Jr. confirmed that this case, like the Citizens United case and others (see Mid-2004 and After), was part of a long-term strategy to completely dismantle campaign finance law (see January 25, 2010).
Entity Tags: Republican National Committee, Halliburton, Inc., ExxonMobil, Ian Millhiser, Michael Shumway (“Mike”) Lee, Willard Mitt Romney, US Supreme Court, US Chamber of Commerce, James Bopp, Jr
Timeline Tags: Civil Liberties, 2012 Elections
Dennis and Daniel Mahon. [Source: Associated Press]Twin brothers Dennis and Daniel Mahon, veterans of the far-right white supremacist movement, go on trial in Phoenix, Arizona, on charges of sending a mail bomb to a government diversity office in Scottsdale, Arizona, in 2004 (see February 26, 2004 and After). The bomb injured the office’s director and two employees. Both brothers are charged with conspiring to blow up a government building, and Dennis Mahon is also charged with carrying out the bombing as well as teaching someone else how to make a bomb (see June 25, 2009). The indictment charges: “Dennis Mahon and Daniel Mahon did knowingly and unlawfully combine, conspire, confederate, and agree together to maliciously damage and destroy by means of fire and explosives, buildings and other real property used in interstate and foreign commerce.… Dennis Mahon participated in the construction of a bomb, disguised in a cardboard box made to appear as a parcel package, that was delivered to the City of Scottsdale Civic Center Library. The label on the box was addressed to Donald Logan, Office of Diversity & Dialogue. The bomb did in fact explode on February 26, 2004 when Donald Logan opened the box. Donald Logan and Renita Linyard suffered personal injuries as [a] result of the explosion.” The brothers plead not guilty. Dennis Mahon admitted that he and his brother carried out numerous bombings and shootings since the 1980s to an undercover government informant, Rebecca Williams (see January 26, 2005 and After). Referring to the 1995 Oklahoma City bombing, to which Dennis Mahon is connected (see 8:35 a.m. - 9:02 a.m. April 19, 1995), Bill Straus of the Anti-Defamation League says: “It’s certainly one of those high water mark cases. It reminds the community that guys like this, guys that created and sent that bomb are a threat to the entire community. Period.” Lawyers for the Mahons claim that Williams used her sexual attraction to elicit “confessions” from the brothers that were more braggadocio and boasting than actual fact-based admissions, and attempt to label Williams a “trailer-park Mata Hari.” Their claim is that Williams used her charms to entrap the brothers into making false confessions, and they use photos Williams mailed of herself in skimpy outfits to the brothers, and a video of Williams giving a back massage to one of the brothers who was only covered by a towel, as evidence. The defense lawyers also claim Dennis Mahon is an alcoholic. Williams admits that she was paid some $45,000 by the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF) for the four years she stayed in contact with the brothers, and was promised another $100,000 after their convictions. Prosecutors state that Williams did not have sex with, or even kiss, the brothers, and her flirtatious behavior with them does not constitute entrapment. [Arizona Republic, 1/23/2010; TPM Muckraker, 1/10/2012; Los Angeles Times, 1/12/2012; New American, 2/7/2012] To prove that the Mahons’ statements to Williams were more than just sexually charged bragging, prosecutors play a tape of Dennis Mahon telling Williams that once his mother dies, he intends to return to a life of “bomb throwing” and “sniper shooting” because he would have nothing left to lose. On March 29, 2009, he left Williams a voice message saying in part: “Once my mother passes away, I go back to my radical bomb-throwing, sniper-shooting realm. Look out because I’ve got nothing to lose.” He also told her that he knows how to destroy the US electrical power system during the coldest part of winter or the peak of summer using explosives and high-powered rifles, and once he does that, “The non-whites shall destroy each other.” The prosecution also plays an audiotape of Williams in a car with the brothers; they drove her past the Scottsdale city court building, where the bombing took place, and one pointed to the building and said, “That’s where he was,” referring to Donald Logan, the federal employee injured in the blast. Both brothers then use a racial slur to refer to Logan, an African-American. On the tape, Mahon is heard to have said: “I helped make it [the bomb].… I’m sure he knows it’s going to happen again.” Mahon also said of Logan: “He doesn’t understand—they’re not going to get him where he works. They’re going to get him where he lives. They’re going to tail pipe the son of a b_tch and blow up his car while he’s in it.” Mahon also boasted of greeting law enforcement authorities with gunfire if and when they came to arrest him (Mahon was arrested without incident). “They’ll find out they’ve got a big problem with something called white terrorists,” he told Williams. [Associated Press, 1/18/2012; Associated Press, 1/26/2012] Williams testifies that she told the Mahons a tale about a child molester she knew in California, and that the brothers agreed to help her build a bomb to send to the person. [Arizona Republic, 1/23/2010] Many of the taped conversations were recorded on the phone, during conversations between Williams in Arizona and the Mahons in Illinois. [Associated Press, 1/26/2012] The New American, the publication of the far-right, racist John Birch Society (JBS), claims that Dennis Mahon was involved in the 1995 Oklahoma City bombing (see November 1994, 8:35 a.m. - 9:02 a.m. April 19, 1995, August 1994 - March 1995, and February 9, 1996 and After), and says that the Clinton administration’s Justice Department deliberately steered its investigation away from Mahon and his white supremacist colleagues, and towards “lone wolves” Timothy McVeigh and Terry Nichols. The New American notes that Mahon was one of the people who taught the supremacists at Elohim City (see 1973 and After) how to make bombs. [New American, 2/7/2012] Covering the trial, Oklahoma’s KOTV reports that in 1998, Mahon said in an interview: “Separatism means that you would prefer to be left alone. As a white separatist, I’d like to have my own schools, my own culture, and my own community spirit. And if you look at it, it’s a natural way of doing things.” [KOTV, 1/11/2012]
Entity Tags: Renita Linyard, Terry Lynn Nichols, Timothy James McVeigh, Rebecca Williams, The New American, Office of Diversity and Dialogue, Donald Logan, Elohim City, Bill Straus, KOTV, Daniel Mahon, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Dennis Mahon, John Birch Society
Timeline Tags: US Domestic Terrorism
A journalist and activist sues to overturn provisions in a US defense spending bill that authorize indefinite military detention, including of US citizens, who are accused of being associated with groups engaged in hostilities with the United States (see December 15, 2011, December 31, 2011). The indefinite detention provisions in the NDAA caused considerable controversy from the time they were first proposed (see July 6, 2011 and after). Chris Hedges, formerly of the New York Times, and his attorneys, Carl J. Mayer and Bruce I. Afran, file the suit seeking an injunction barring enforcement of section 1021 (formerly known as 1031) of the 2012 National Defense Authorization Act (NDAA), alleging it is unconstitutional because it infringes on Hedges’ First Amendment right to freedom of speech and association and Fifth Amendment right to due process, and that it imposes military jurisdiction on civilians in violation of Article III and the Fifth Amendment. President Obama and Secretary of Defense Leon Panetta are named as defendants in the initial complaint, individually and in their official capacities. [TruthDig, 1/16/2012] Six other writers and activists will later join Hedges as plaintiffs in the lawsuit: Daniel Ellsberg, Jennifer Bolen, Noam Chomsky, Alexa O’Brien, “US Day of Rage,” Kai Wargalla, and Birgitta Jónsdóttir, who is also a member of parliament in Iceland. Senators John McCain (R-AZ), Harry Reid (D-NV), and Mitch McConnell (R-KY), and Representatives Nancy Pelosi (D-CA), John Boehner (R-OH), and Eric Cantor (R-VA), will be added as defendants, in their official capacities. [Final Complaint: Hedges v. Obama, 2/23/2012 ] The plaintiffs, their attorneys, and two supporting organizations, RevolutionTruth and Demand Progress, will establish a Web site to provide news and information related to the case, including legal documents. [StopNDAA.org, 2/10/2012] The Lawfare Blog will also post a number of court documents related to the case, including some not available at StopNDAA.org, such as the declarations of Wargalla, O’Brien, and Jónsdóttir. [Lawfare, 4/4/2012] Journalist and activist Naomi Wolf will file an affidavit supporting the lawsuit. [Guardian, 3/28/2012] The judge in the case, Katherine B. Forrest, will issue a preliminary injunction enjoining enforcement of the contested section, finding it unconstitutional (see May 16, 2012).
Entity Tags: Chris Hedges, US Congress, US Department of Defense, United States District Court, New York, Southern Division, Carl Mayer, Birgitta JÃ³nsdÃ³ttir, RevolutionTruth, Alexa O’Brien, Barack Obama, Noam Chomsky, White House, Mitch McConnell, Harry Reid, Eric Cantor, Daniel Ellsberg, Jennifer Bolen, Bruce Afran, Nancy Pelosi, Kai Wargalla, John McCain, Katherine B. Forrest, Leon Panetta, John Boehner
Timeline Tags: Civil Liberties
Andrew Adler. [Source: AIB TV (.com)]Andrew Adler, the owner/publisher of the Atlanta Jewish Times (AJT), advises readers that one option for Israel to consider in handling the threat posed by Iran is to order the assassination of President Obama. The Atlanta Jewish Times is a community newspaper that has been in existence since 1925. Adler bought it in 2009. Currently, the AJT claims some 3,500 readers. According to Adler, Israel has three options in considering how to handle the threat posted by Iran: attack Hezbollah and Hamas, attack Iran, or order the assassination of Obama. Adler considers Obama an “enemy” of Israel, and believes Obama has moved the US away from supporting Israel to supporting the Palestinians and an array of Islamist terrorists, pursuing what Adler calls an “Alice in Wonderland” belief that diplomacy with Iran will prevent it from developing a nuclear weapon. He calls his three options a series of “Kobayashi Maru” scenarios, a term used in Star Trek to characterize a seeming “no-win” situation that, if addressed with an unsuspected approach to “solve” the problem, could “redefine” the situation. Adler writes of his third option that Israel could “give the go-ahead for US-based Mossad agents to take out a president deemed unfriendly to Israel in order for the current vice president to take his place, and forcefully dictate that the United States’ policy includes its helping the Jewish state obliterate its enemies. Yes, you read ‘three’ correctly. Order a hit on a president in order to preserve Israel’s existence. Think about it. If I have thought of this Tom Clancy-type scenario, don’t you think that this almost unfathomable idea has been discussed in Israel’s most inner circles? Another way of putting ‘three’ in perspective goes something like this: How far would you go to save a nation comprised of seven million lives… Jews, Christians, and Arabs alike? You have got to believe, like I do, that all options are on the table.” In a subsequent interview by journalist John Cook, Adler backtracks from his original assertions, and denies advocating Obama’s assassination. Contrary to what he wrote, Adler tells Cook that Israel should not consider an Obama assassination as a viable option. When asked if he believes Israel is indeed considering such an option, he responds: “No. Actually, no. I was hoping to make clear that it’s unspeakable—god forbid this would ever happen.” He then asks Cook, “I take it you’re quoting me?” When Cook responds in the affirmative, Adler says, “Oh, boy.” Cook asks Adler why, if he does not advocate assassination and does not believe Israel is considering such an option, would he write such a column saying that the option is “on the table.” Adler asks to call Cook back with a measured response. His answer, several moments later, is, “I wrote it to see what kind of reaction I was going to get from readers.” He has indeed received a reaction: “We’ve gotten a lot of calls and emails,” he tells Cook. [Atlanta Jewish Times, 1/13/2012; Gawker, 1/20/2012; Jewish Telegraphic Agency, 1/20/2012] After Cook’s publication, the online news site Gawker publishes a story about Adler’s column. Adler then informs the Jewish Telegraphic Agency (JTA) that he intends to publish an apology. “I very much regret it, I wish I hadn’t made reference to it at all,” he says. He also admits that the response he has received has been, in JTA’s words, “overwhelmingly negative.” [Jewish Telegraphic Agency, 1/20/2012] Adler tells Atlanta columnist Thomas Wheatley: “I don’t advocate anything. I don’t preach anything. Wasn’t calling for action, anything like that.… Do I regret writing it and how I did it? Very much so and I apologize to anyone who took it differently. But in no way shape or form do I support the overthrowing [of the country] in order for Israel to do its thing.” He says he has not been contacted by law enforcement officials or the Secret Service about his column. [Creative Loafing Atlanta, 1/20/2012] Conservative columnist and blogger Jonah Goldberg writes of Adler’s column: “This is outrageous, offensive, borderline seditious, bad for Israel, bad for Jews, and wildly, incomprehensibly stupid. It sounds like the author/publisher realizes it. But too late to save him from a world of grief.” [National Review, 1/20/2012]
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