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Two CIA analysts, Alfreda Frances Bikowsky and Michael Anne Casey, who were involved in pre-9/11 intelligence failures and torture are named publicly for the first time, at the website Boiling Frogs Post (BFP). Bikowsky, now apparently head of the CIA’s Global Jihad Unit, made a false statement to the 9/11 Congressional Inquiry and was later involved in some of the CIA’s most notorious abuses (see After March 7, 2003 and Before January 23, 2004). Casey deliberately withheld information about two 9/11 hijackers from the FBI in January 2000 (see 9:30 a.m. - 4:00 p.m. January 5, 2000 and January 6, 2000). BFP obtained the two names from a document posted in error at the website secrecykills.com, which was set up to support an audio documentary about the intelligence failures before 9/11 entitled Who Is Rich Blee? (note: Blee was the former boss of both analysts). Due to threats previously made against them by the CIA, the documentary’s producers, John Duffy and Ray Nowosielski, ask BFP to take down Casey’s name and BFP complies. However, Nowosielski will later name both women in an article posted at Salon. [Boiling Frogs Post, 9/21/2011; Salon, 10/14/2011] The two identities were found using information previously made available about the two and from Google searches. Bikowsky’s name was found by searching State Department nominations for her middle name, which was released by the Associated Press earlier in the year. Duffy and Nowosielski found Casey after learning she was the child of a CIA officer and theorising (incorrectly, as they later learned) that her father could have been former CIA Director William Casey. Her name also appears in State Department nominations, where they found it. [Salon, 10/14/2011]

Entity Tags: Michael Anne Casey, Alfreda Frances Bikowsky, Ray Nowosielski, John Duffy

Timeline Tags: Complete 911 Timeline

The cover of ‘Suicide of a Superpower: Will America Survive to 2025?’The cover of ‘Suicide of a Superpower: Will America Survive to 2025?’ [Source: Occidental Dissident (.com)]Conservative commentator and author Pat Buchanan publishes his latest book, Suicide of a Superpower: Will America Survive to 2025? Kirkus Reviews, reviewing an advance copy, wrote before its public release that Buchanan “laments the fading of the Christian religion from American life because he sees it as an indispensable underpinning of our common culture.” Buchanan, the review notes, “fears the nation has abandoned its historic commitment to liberty and equality of opportunity to pursue a chimerical utopia of diversity and equality of result.” Buchanan does not actually predict the dissolution or destruction of America, but predicts “culture wars without end and a continuing self-segregation of Americans by ethnic group.” The review concludes: “Liberals may rightly dismiss this sprawling, often rambling book as nativist claptrap. Readers willing to excuse the nods to predictable right-wing shibboleths and bogeymen will find it a troubling analysis of how America has changed for the worse in the last half century, and how difficult it will be to pull it back from the loss of freedom and prosperity Buchanan sees not far ahead.” [Kirkus Reviews, 9/15/2011]
Heavy Criticism for 'Racist' Content' - Jillian Rayfield of the progressive news Web site TPM Muckraker reprints what she calls twelve “pretty racist or just crazy quotes” from the book. One accuses Barack Obama of engaging in a “long and successful campaign to expel Christianity from the public square, diminish its presence in our public life, and reduce its role to that of just another religion.” Many focus on Buchanan’s prediction that white Americans will soon become a minority, and as a result, American culture will collapse. Another accuses black Americans of benefiting from “Jim Crow in reverse,” where whites are systematically and legally disenfranchised and oppressed by minorities. “Back then, black and white lived apart, went to different schools and churches, played on different playgrounds, and went to different restaurants, bars, theaters, and soda fountains. But we shared a country and a culture. We were one nation. We were Americans.” Liberal whites, Buchanan writes, “may discover what it is like to ride in the back of the bus.” The 1964 and 1965 Civil Rights Act and Voting Rights Act took away key rights from white Americans, Buchanan asserts, instead of mandating equality for all Americans. Only before those laws took effect was America a nation of equality. Buchanan says that his desire to “expel” minorities is not racially motivated, merely an attempt to rescue American civilization and its “European majority.” He says that “49 of 50 muggings in New York City” are perpetrated by blacks. And he says that the Republican Party must become “the white party” if it is to retain its identity, arguing, “[W]hy should Republicans be ashamed to represent the progeny of the men who founded, built, and defended America since her birth as a nation?” [TPM Muckraker, 10/24/2011] Jeneba Ghatt of the Washington Times accuses Buchanan of repackaging long-disproven stereotypes of non-whites’ genetic and intellectual inferiority. “Anyone can attempt to sell books delivering doomsday-like message based on racist pseudo-Eugenics-based theories as Buchanan,” she writes. “Organizing, galvanizing, and trying to make a colossal effort to effectuate real change is a genuine challenge.” Instead of trying to change society for the better, she writes, Buchanan is “playing that old tired game of scapegoat.” Many Times commenters post scathing rebuttals to Ghatt’s article, citing “scientific” evidence of whites’ and Asians’ intellectual superiority over blacks and Hispanics, with one post calling Ghatt, an African-American, “still a slave” because she advocates equality for blacks. Others attack her given name as un-American and question why the Times would print her material. [Washington Times, 10/23/2011] Janet Shan of The Moderate Voice notes the bluntly racial and racist material in a chapter entitled “The End of White America,” where Buchanan cites statistics showing that within a few generations, whites in America will be a minority, largely because of the increasing number of non-white immigrants and whites being “outbred” by minority citizens. Buchanan focuses strongly on Hispanic-Americans, writing: “Mexico is moving north.… Will this Mexican nation within a nation advance the goals of the Constitution—to ‘insure domestic tranquility’ and ‘make us a more perfect union’? Or have we imperiled our union?” Shan responds: “In other words, America is heading for disaster since whites won’t be a majority. Really? Only Pat Buchanan could make a black or Latino feel dirty, just because of the color of their skin.” In a later chapter, “Equality vs. Freedom,” Buchanan claims that “the end to segregation and the legislated equality of rights for African Americans” have led to a “socialist utopia” and the collapse of everything he values about American society. Shan writes: “Is he condoning Jim Crow, segregation, and racial injustice in this country? Gee, I can’t seem to remember hearing Pat Buchanan’s name being mentioned in the struggle for racial justice and equality. Every time he is embroiled in controversy it is because of racially motivated comments emanating from his lips on national television. So, I guess, in other words, inequality is just fine for Pat Buchanan and his posse. Just as long as the white right-wing evangelicals are calling the shots.” She concludes: “Pat Buchanan is of the viewpoint that we can never create a nation in which all the races, tribes, cultures, and creeds of Earth are all equal. That utopia can never exist.… We can’t all be equal but that doesn’t mean we lose sight of the Biblical truth of taking care of the least among us. That doesn’t mean we can’t give each child the opportunity to succeed despite the color of his or her skin. I will say, this was a very riveting book and I suspect it will be a New York Times bestseller, but the racial undertones will continue to fan the flames of distrust and hatred for everything Pat Buchanan stands for.” [Janet Shan, 10/14/2011]
Conservative Support - At GoodReads (.com), reviewer John Caneday “admire[s]” Buchanan’s “Christian wisdom” as shown in the book, and writes: “He recognizes the spiritual decline in America is responsible for the cultural and political decline we are experiencing now.… He argues that the flood of third world immigration into the Western nations is one of the greatest forces for destruction in the modern world.… Many will charge Buchanan with racism, but the careful reader will realize that Buchanan sees these forces at work in every culture and every nation on earth. Diversity cannot possibly be a source of strength, as everywhere there is diversity, there is conflict.” [John Caneday, 12/15/2011] Free Republic (.com) blogger William L. Houston calls the book “the bluntest and most cogent statement of the truth about the present course of Western civilization that has been seen in American bookstores in many years.… Everything that real conservatives have privately known to be true for generations is finally aired in this brave and long overdue new book.” Buchanan calls the American left “a utopian death cult” bent on destroying America before it destroys itself. “The Baby Boomer elite that was captured by the counterculture in the 1960s has set America on a course to national oblivion: radical multiculturalism, open borders, the welfare state, affirmative action, the obsession with diversity, the embrace of the sick and degenerate ‘free love movement,’ the embrace of abortion and family planning, the embrace of an adversary secular culture that has flatly declared war on Christianity. As a historian, Pat Buchanan is here to remind us of the awful truth that this sort of progressive worldview and the lifestyle that accompanies it has consequences.” Whites are carrying non-white Americans “on [their] back[s]” now, Houston asserts; when “freedom loving European-Christian Americans” become the minority in America in 2042, the economy and the social underpinnings of America will collapse entirely. “Black America is culturally and economically a basket case,” Houston writes. “Hispanic America is worse off in some ways, better in others. White America has gone completely off the rails under the influence of the counterculture. Even Asian America has been negatively affected by the sickness of the dominant culture.” Whites are genetically and environmentally superior, Houston argues, and must continue to steer the nation to ensure its survival. [William L. Houston, 10/31/2011]
Praise from White Supremacists - Conservative blogger Hunter Wallace, a neo-Confederate and white supremacist, posts a lengthy, favorable review of the book, saying that it is Buchanan’s “boldest affront yet to the reigning racial and cultural taboos of Black Run Amerika.” Wallace, like Buchanan, focuses much of his attention on American minorities, decrying the fact that “[b]y 2042, White Americans are scheduled to become a minority in the United States.” He continues: “African-American and Hispanic tax consumers are becoming more aggressive and explicitly racial in their agenda. White taxpayers are becoming more defensive. The myth of a ‘post-racial’ society is collapsing. White racial attitudes are hardening again.” Both political parties, according to Buchanan and Wallace, are in danger of being overrun by what they call “officially aggrieved minorities,” especially since white birthrates are declining. America, a fundamentally Christian nation in their view, is also under siege from non-Christian religions and ideologies, and as a result, the “Western culture” that once sustained the nation “has collapsed and nihilism and chaos now reign in the realm of morality. Secular fantasy ideologies like liberalism, humanism, and communism have moved into the vacuum of faith. America is disintegrating as a nation because its people no longer share a common moral tradition. Instead, they bark at each other from across the ‘partisan divide.’ This is the inevitable prelude to our demise as a nation-state.” America’s economic system has become irrevocably corrupted, Buchanan and Wallace assert, by “a confused hybrid” of “liberal capitalist democracy [and] Marxism.” Gay rights, interracial marriage, the American celebration of diversity, and other “corrosive” phenomena, they observe, are heralding the final collapse of American culture, where “the scum of society” is allowed “to punch through the traditional racial, cultural, and religious restraints that have held degeneracy in check for generations and to rise to elite status in the former countries of Western civilization.” Wallace notess Buchanan’s failure to address what he calls “the Jewish question,” but says Buchanan’s decision to do so was “wise” “because 50 percent of American Jewry is scheduled to vacate the earth by 2050.” Wallace concludes, “Buchanan clearly believes that America will be torn apart by ethnonationalism in the 21st century in much the same that Europe was torn about by ethnonationalism in the 20th century,” and says the white, Christian values of “Middle America” are the only ideology that will “save” the nation. [Hunter Wallace, 10/26/2011] Steve Sailer, one of the owners of the white supremacist Web site VDare (.com), lauds Buchanan as a personal friend who “quotes me several times, citing my VDARE.com articles on the ‘racial ratio’—Affirmative Action beneficiaries vs. benefactors i.e. losers—and the real meaning of the Programme for International Student Assessment (PISA) scores among others.” Sailer praises Buchanan’s “genial honesty” in the book as well as his “bareknuckles” approach to the “truth” of the “decline” of American culture. After spending much of his review lambasting Barack Obama and the American left, Sailer concludes that Buchanan “is now perhaps the wisest, most objective-minded man in American public affairs.” [Steve Sailer, 10/19/2011]

Entity Tags: Jeneba Ghatt, Hunter Wallace, Barack Obama, Janet Shan, Civil Rights Act of 1964, Voting Rights Act of 1965, William L. Houston, John Caneday, Steve Sailer, Kirkus Reviews, Republican Party, Jillian Rayfield, Patrick Buchanan

Timeline Tags: Domestic Propaganda

Victor Bout during his trial.Victor Bout during his trial. [Source: Agence France-Presse]Victor Bout is found guilty on conspiracy charges to kill US citizens and officials, deliver anti-aircraft missiles, and provide aid to a terrorist organization (see September 1992, 1993-1995, Mid-1996-October 2001, October 1996-Late 2001, 1998, 1998, January 1998-April 2001, 1999, Early 2001-September 11, 2001, January 19, 2001, Shortly After September 11, 2001, Late February 2002, Summer 2002, Late April 2003, Late April 2003-2007, August 17, 2003, July 2006, Late July 2006, March 6, 2008, and November 16, 2010). In the the trial, which began on October 12, Bout was accused of agreeing to deliver 100 surface-to-air missiles, 20,000 high-powered weapons, and 10 million rounds of ammunition to rebels in Colombia sometime in 2008. Bout will be sentenced on February 8, 2012. The BBC’s Laura Trevelyan will note: “This was a potentially risky case for the US government. Bout was caught in a sting operation by informants working for the US Drug Enforcement Administration, the so-called Farc rebels were actually former criminals and might have had their evidence discredited.” [BBC, 11/2/2011]

Entity Tags: Laura Trevelyan, Drug Enforcement Administration, Victor Bout

Timeline Tags: Complete 911 Timeline

John Birch Society logo.John Birch Society logo. [Source: John Birch Society]John F. McManus, the head of the far-right, anti-Communist John Birch Society (JBS), releases a booklet through the organization entitled “Reality vs. Myth” that attempts to, in the words of the JBS, “set the record straight” about what the organization is and is not. According to McManus, the JBS has never held anti-Semitic or racist views, or tolerated such within its organization. All such assertions come from “enemies” of the organization, often from persons or organizations with Communist affiliations (see March 10, 1961 and 1963), he writes. [John Birch Society, 2011]
History of Anti-Communism - The organization was founded in 1958 by candy magnate Robert Welch, a former Massachusetts Republican Party official who began railing about what he considered the “pervasive” influence of Communism in all aspects of American society, particularly in the federal government. Liberals are inherently opposed to freedom and democracy, Welch argued, because liberals are in favor of collectivism/socialism, and therefore are witting or unwitting traitors to the individualist tenets that underlie the US Constitution. The JBS became a vocal opponent of the United Nations, alleging as early as 1959 that the UN intended to establish a “New World Order” (NWO) or “one-world government” (see September 11, 1990). The JBS has also portrayed itself as a fundamentally Christian organization, and views Communism and other non-American forms of government as inherently “godless.” Since the end of World War II, the organization has asserted, the US government has been actively attempting to implement “godless Communism” in place of a Constitutional democracy, including a 1958 claim by Welch that then-President Eisenhower was “a dedicated conscious agent of the communist conspiracy.” Some “Bircher” officials have touted the NWO as being rooted in the alleged Illuminati Freemason conspiracy. In 1964, the JBS enthusiastically supported the presidential candidacy of Senator Barry Goldwater (R-AZ), though a large number of members supported Eisenhower’s vice-president, Richard Nixon (R-CA) over Goldwater. The organization opposed John F. Kennedy (D-MA), accusing him of being a traitor and a Communist dupe (see November 1963), accusations it had also leveled against Eisenhower. After Goldwater’s defeat, Welch attempted to land the segregationist governor of Alabama, George Wallace (D-AL), as a standardbearer for the JBS. [Political Research Associates, 2010] McManus insists that the JBS’s overarching loyalty is to the Christian Bible, the US Constitution and the Declaration of Independence. ” Our organization was created to uphold the truths in the Declaration and the limitations upon government in the Constitution,” he writes. “Not alone in such an endeavor, we welcome all who treasure what our nation’s Founders produced.” [John Birch Society, 2011]
Less Overt Racist, Anti-Semitic Stances - During the Kennedy and Johnson administrations, the JBS painted the civil rights movement as a Communist conspiracy, accusing “ignorant” and “uneducated” African-Americans of either being witting or unwitting dupes of a Communist conspiracy against America. It launched a powerful and well-organized assault on the civil rights movement, calling it a “fraud” and labeling it the “Negro Revolutionary Movement.” Some JBS publications and officials also asserted that the nation’s financial system was controlled largely by Jews with little if any loyalty to the US, and in some instances actively working to undermine and destabilize America’s economy. Such assertions led many to characterize the JBS as a racist and anti-Semitic organization, characterizations that the organization has always disputed. It has touted its very small number of African-American and Jewish members as proof of its claims not to be institutionally racist or anti-Semitic. In 2010, the liberal Political Research Associates (PRA) wrote: “The JBS… discouraged overt displays of racism, while it promoted policies that had the effect of racist oppression by its opposition to the Civil Rights movement. The degree of political racism expressed by the JBS was not ‘extremist’ but similar to that of many mainstream Republican and Democratic elected officials at the time. This level of mainstream racism should not be dismissed lightly, as it was often crude and sometimes violent, treating Black people in particular as second-class citizens, most of whom had limited intelligence and little ambition. In [one JBS publication], Martin Luther King, Jr. is portrayed as an agent of a massive communist conspiracy to agitate among otherwise happy Negroes to foment revolution, or at least promote demands for more collectivist federal government intrusion.” PRA also went on to note that one of its founders, Revilo P. Oliver, was forced to resign from the JBS after making anti-Semitic and racist comments at a 1996 JBS rally. And, the PRA wrote, “When crude antisemitism was detected in JBS members, their membership was revoked[,]” though the organization still held that anti-American Jews were attempting to do damage to the nation’s economy. “At its core, however, the Birch view of the conspiracy does not reveal it to be controlled or significantly influenced by Jews in general, or a secret group of conniving Jews, nor is their evidence of a hidden agenda within the Society to promote suspicion of Jews. The Society always struggled against what it saw as objectionable forms of prejudice against Jews, but it can still be criticized for having continuously promoted mild antisemitic stereotyping. Nevertheless, the JBS was closer to mainstream stereotyping and bigotry than the naked race hate and genocidal antisemitism of neonazi or KKK groups. In a sense, the Birch society pioneered the encoding of implicit cultural forms of ethnocentric White racism and Christian nationalist antisemitism rather than relying on the White supremacist biological determinism and open loathing of Jews that had typified the old right prior to WWII. Throughout its existence, however, the Society has promoted open homophobia and sexism. The Society’s anti-communism and states rights libertarianism was based on sincere principles, but it clearly served as a cover for organizing by segregationists and White supremacists. How much of this was conscious, and how much unconscious, is difficult to determine.” [Political Research Associates, 2010] McManus calls attempts to point out the JBS’s history of implicit racism and anti-Semitism as deliberate, dishonest attempts to “stigmatize” the group, usually by persons and organizations who are working to implement a one-world government and see the JBS as a roadblock to that goal. “There was no evidence that the Society was racist, neo-Nazi, anti-Semitic, or subversive of good order,” McManus claims. “But that didn’t stop many from making such charges.… There were some attempts to defend JBS against the flood of vicious characterizations but these were overwhelmed by widespread and undeserved nastiness. No private organization in our nation’s history had ever been treated so unfairly.” He calls efforts to show the JBS as racist “vicious” and false. “If truth were told,” he writes, “the John Birch Society should be congratulated nationally for its important work in diffusing racial animosities.” [John Birch Society, 2011] Many prominent white supremacist leaders used their membership in the JBS to help promote their more overtly racist organizations (see 1970-1974 and 1973). Former Ku Klux Klan leader Johnny Lee Clary has said the JBS “is just a political version of the KKK, without the name of the KKK. They center on the political ideas of the Klan and are not as vocal in public on the ideas of the racial superiority, but they attract the same people and say the same things behind closed doors.… They are racist, and full of hate and are officially listed as a hate group with several civil rights organizations throughout the USA” (see April 13, 2009). Among other non-white leaders, the JBS has labeled South Africa’s Nelson Mandela as a “Communist tyrant” (see December 11, 2009).
Reframing Itself - In the late 1970s, the JBS saw its influence waning as more modern organizations comprising what some have called the “New Right” came to the fore. In the 1980s, the JBS lost even more influence after attacking Reagan administration policies. It managed to revive itself by toning down its anti-Communist rhetoric and emphasizing its warnings about the New World Order and positioning itself as a long-time advocate of right-wing, muscularly patriotic popularism. Author and journalist Andrew Reinbach notes that the JBS provided an ideological “seed bank” for many of the tenets currently embraced by the various “tea party” organizations on the right (see February 4-8, 2010 and February 15, 2010), an assertion echoed by conservative journalist Matthew Boyle. [Huffington Post, 9/12/2011; Daily Caller, 11/29/2011] McManus credits the JBS with helping bring about the impeachment of then-President Clinton, stopping the establishment of a free-trade entity in the Western Hemisphere, and putting an end to what it calls “the drive to a sovereignty-compromising North American Union.” McManus says JBS efforts to “educate” the world about the UN has prevented that organization “from becoming the tyrannical world government intended by its founders.” He writes that the JBS successfully thwarted the federal government’s alleged plans to federalize all American law enforcement, and credits the JBS’s black membership with preventing wholesale rioting and insurrection during the Civil Rights Era. He touts the JBS as being one of the primary organizations that blocked the passage of the Equal Rights Amendment. And he credits the JBS with being among the first organizations to warn about what it calls the dangers of illegal immigration. He touts the support of, among others, presidential candidate Ron Paul (R-TX—see 1978-1996 and July 22, 2007) and conservative commentator Pat Buchanan (see June 12, 2009, June 20, 2009, July 16, 2009, and October 18, 2011 and After) as validating the organization’s ideology and positions, and notes that in recent years, the JBS was an official sponsor of the Conservative Political Action Conference (see April 19, 2010 and February 9-11, 2012). And he claims that attempts to paint tea party organizations as far-right, racist, or homophobic are similar to the efforts by Communists and NWO conspiratists to destroy the Society. He concludes by writing to prospective members: “Don’t allow yourself to be influenced by the false image created by the Society’s enemies. Our country is under attack and The John Birch Society offers a workable plan to combat it.” [John Birch Society, 2011]

Entity Tags: John F. Kennedy, John Birch Society, Dwight Eisenhower, Conservative Political Action Conference, Barry Goldwater, Andrew Reinbach, George C. Wallace, Ron Paul, United Nations, Richard M. Nixon, Political Research Associates, Patrick Buchanan, Martin Luther King, Jr., Nelson Mandela, Revilo P. Oliver, Johnny Lee Clary, Robert Welch, John F. McManus

Timeline Tags: Domestic Propaganda

Ron Paul (r) removes his mic as CNN reporter Gloria Borger looks on.Ron Paul (r) removes his mic as CNN reporter Gloria Borger looks on. [Source: CNN / The Blaze]Republican presidential contender Ron Paul (R-TX) again denies any involvement in the racist, anti-Semitic, and homophobic content printed in his newsletters for 16 years (see 1978-1996). CNN anchor Sanjay Gupta describes Paul as “kind of prickly” over the accusations of racism in the newsletters, and notes that “his story appears to have changed over the years.” In 1996, Paul admitted writing much of the newsletters’ content, admitted to the positions taken in the newsletters, and called questions about his newsletters “gutter politics” (see May 22 - October 11, 1996). He began denying their content, and his involvement in his newsletters, in 2001 (see October 1, 2001). In 2007 and 2008, he freely admitted supporting the implicitly racist John Birch Society (JBS—see July 22, 2007, August 4, 2008 and December 2011). He denied knowing anything about the newsletters’ objectionable content in 2008 (see January 8-15, 2008 and January 16, 2008) when the questions arose during that year’s presidential contests; Paul supporters accused rival libertarians of smearing Paul’s character (see January 12-15, 2008). In May 2011, Paul was one of five Republican presidential candidates to take part in a debate sponsored in part by the JBS and a racist militia group (see May 5, 2011). Today, Paul walks out of an interview with CNN reporter Gloria Borger rather than continue to answer her questions about his newsletters. He tells Borger that he read the newsletters published under his name “on occasion,” and implies that he was too busy with his medical practice to pay close attention to the newsletters. “You know, I didn’t write them and I don’t endorse those views and I’ve explained it many times,” he tells Borger. “I never read that stuff. I never—I would never—I came—I was probably aware of it 10 years after it was written, and it’s been going on 20 years that people have pestered me about this, and CNN does every single time. So when are you going to wear yourself out?” Paul says even asking about the newsletters is not legitimate, and instead the media should just accept his denials and move on. Borger says such questioning is legitimate because “[t]hese things are pretty incendiary, you know.” Paul retorts, “Because of people like you.” When Borger presses the issue, Paul walks away and refuses to answer further questions. Conservative blogger Erick Erickson of RedState (.com), who is not a Paul supporter, asks Gupta why in 2008 Paul “allowed neo-Nazi Web sites to fundraise for him. We can ask him why three years ago he went on Iranian TV to say that Israelis had set up concentration camps to indiscriminately kill Palestinians.… But I think a more relevant question is, if we can’t go back and ask him these questions from the late ‘80s and early ‘90s, why then he—can he go back to the ‘90s and attack [fellow Republican presidential candidates] Newt Gingrich or Mitt Romney or Rick Perry for things? They wrote it. Does he believe this is a legitimate double standard?… Ron Paul supporters frequently attacked Barack Obama for sitting in Reverend Jeremiah Wright’s church (see January 6-11, 2008) and Barack Obama has denied ever hearing Jeremiah Wright’s sermons. How is Ron Paul’s denial of knowing these things any different from going after Barack Obama for the Reverend Wright matter? There is none. They can’t defend that.” [CNN, 12/21/2011] Note: Erickson is referring to a specific sermon of Wright’s, where he denounced what he called America’s “white arrogance.” Obama did not hear the sermon because he was not in Illinois at the time (see August 1, 2008 and After).

Entity Tags: Willard Mitt Romney, Ron Paul, Sanjay Gupta, James Richard (“Rick”) Perry, Erick Erickson, CNN, Barack Obama, Gloria Borger, John Birch Society, Jeremiah A. Wright Jr, Newt Gingrich

Timeline Tags: Domestic Propaganda, 2012 Elections

Bradley A. Smith, the chairman of the Center for Competitive Politics (CCP) and a former commissioner and chairman of the Federal Election Commission (FEC) during the second Bush administration, writes that the Citizens United decision (see January 21, 2010) and the subsequent flood of corporate money into the political campaign continuum (see January 21, 2010, January 21, 2010, January 21-22, 2010, January 21, 2010, January 21, 2010, January 21, 2010, March 26, 2010, April 5, 2010, September 13-16, 2010, September 21 - November 1, 2010, October 2010, Mid-October 2010, October 18, 2010, Around October 27, 2010, June 23, 2011, July 12, 2011, August 4, 2011, October 27, 2011, November 23, 2011, December 1, 2011, January 3, 2012, January 6, 2012, and January 10, 2012) are good for American politics. [US News and World Report, 1/13/2012] According to a 2008 press report, Smith co-founded the CCP in 2006 in order to roll back campaign finance regulations, claiming that virtually any regulation is bad for politics. Smith has refused to reveal the financial sponsors that gave him the “seed money” to start the organization. Smith helped win the landmark SpeechNow case (see March 26, 2010) that allowed for the creation of “super PACs,” the organizations that are primarily responsible for flooding the campaign with corporate money. According to law professor Richard Hasen, Smith and the CCP have worked diligently to bring cases like the SpeechNow case to the Supreme Court so that the conservative-dominated Court can “knock them out of the park.” [Politico, 8/12/2008] Smith now writes: “Super PACs are not an evil tolerated under the First Amendment—they are what the First Amendment is all about. A super PAC, after all, is simply a group of citizens pooling resources to speak out about politics.” He claims that super PACs merely “leveled the playing field” after Democrats and Democratic-supporting organizations consistently outfunded Republican campaigns during elections. Super PACs have kept the presidential campaigns of candidates such as Rick Santorum (R-GA—see February 16-17, 2012) and Newt Gingrich (see December 19, 2011 and January 6, 2012) alive. Smith predicts that Democrats will easily outspend Republicans again once the presidential primary campaign concludes (see Around October 27, 2010), November 1, 2010 and May 5, 2011), but says, “Super PACs, however, will help level the field.” Smith claims that super PACs “disclose all of their expenditures and all of their donors,” and claims that any information to the contrary is wrong, as it is “confusing super PACs with traditional nonprofits such as the NAACP or the Sierra Club.” He concludes: “Super PACs are helping to shatter the old, established order, create more competition, and break the hold of special interests lobbyists—big business actually joined the ‘reform’ community in opposing super PACs in court. Are super PACs harming politics? Of course not. How odd that anyone would think that more political speech was bad for democracy.” [US News and World Report, 1/13/2012] The Citizens United decision specifically allows for donors to super PACs to remain anonymous, despite Smith’s claims to the contrary (see January 27-29, 2010, July 26, 2010, July 26-27, 2010, September 13-16, 2010, September 21 - November 1, 2010, Mid-October 2010, Around October 27, 2010, April 20, 2011, April 21, 2011 and After, July 12, 2011, and November 18, 2011). Republicans have fought to preserve that anonymity (see July 26-27, 2010, May 26, 2011, July 15, 2011, and July 20, 2011). Smith is correct in saying that traditional nonprofit groups must disclose their donors, though many are apparently failing to do so (see October 12, 2010).

Entity Tags: Rick Santorum, Center for Competitive Politics, Bradley A. (“Brad”) Smith, Newt Gingrich, Richard L. Hasen

Timeline Tags: Civil Liberties, 2012 Elections

The CPAC 2012 logo. The small print at the bottom reads, ‘A project of the American Conservative Union.’ The CPAC 2012 logo. The small print at the bottom reads, ‘A project of the American Conservative Union.’ [Source: CPAC (.org)]The annual Conservative Political Action Conference (CPAC) event, featuring Republican presidential contenders Mitt Romney (R-MA), Newt Gingrich (R-GA), and Rick Santorum (R-PA), also features two noted white supremacists, Peter Brimelow and Robert Vandervoort, as headlined participants. Brimelow, the owner of the anti-immigration, anti-Semitic, and white supremacist Web site VDare.com (see November 26, 2004 and May 2008), is part of a panel discussion titled “The Failure of Multiculturalism: How the Pursuit of Diversity is Weakening the American Identity.” Vandervoort, who writes for the anti-immigrant, white supremacist Web site ProEnglish.com and has ties with the supremacist groups American Renaissance (see July 15, 2002 and September 1995) and the Council of Conservative Citizens (see January 23, 2005, June 2, 2009, and April 16, 2011), speaks on a panel discussion about “High Fences, Wide Gates: States vs. the Feds, the Rule of Law, and American Identity.” Vandervoort also takes part in the “multiculturalism” panel discussion with Brimelow. [Little Green Footballs, 2/8/2012; Newsone, 2/9/2012; Conservative Political Action Conference, 2/9/2012 pdf file] Other Republicans speaking at the conference include Senate Minority Leader Mitch McConnell (R-KY) and Representative Michele Bachmann (R-MN). CPAC also hosts groups such as the anti-gay Family Research Council and the segregationist Youth for Western Civilization. CPAC denied permission for the gay conservative group GOProud to participate in the event, citing the group’s “behavior and attitude” as its reason for denying access. Michael Keegan, the president of the liberal organization People for the American Way (PFAW), issued a statement calling on Romney, Santorum, and Gingrich to “speak out” against Brimelow and Vandevoort’s participation, and adding, “It’s shocking that the CPAC would provide a platform for someone like Brimelow.” [Right Wing Watch, 2/8/2012] CPAC’s main organizer, the American Conservative Union (ACU), refused to heed calls by Keegan and others to repudiate Brimelow and Vandervoort, instead issuing the following oblique statement through spokeswoman Kristy Campbell: “CPAC is proud to have more than 150 sponsors and exhibitors this year. This panel was not organized by the ACU, and specific questions on the event, content, or speakers should be directed to the sponsoring organization. Cosponsors and affiliated events do not necessarily represent the opinions of the American Conservative Union.” [Buzzfeed, 2/8/2012] Conservative blogger Charles Johnson, who in recent years has regularly protested against what he perceives as the increasing prominence of racism on the American political right, writes: “I admit, this one kind of shocks me, and it’s not easy to do that any more. I knew the right wing had gone bug-eyed loony, but this is way beyond the usual xenophobia and paranoid bigotry; this is open white nationalism at the Republican right’s premier high-profile conference, in an election year. Stunning. Masks are dropping all over Wingnutland.” [Little Green Footballs, 2/8/2012] During the panel on multiculturalism, Brimelow and Vandervoort are joined by Representative Steve King (R-IA) in claiming that America’s “identity” is being “weakened” by its acceptance of minority citizens and their cultural influence. Vandervoort claims that “leftist thugs” have attempted to prevent him from taking part in the event as part of their larger attempt to “shut down freedom of speech and freedom of assembly.” Brimelow calls multiculturalism and bilingualism “diseases” that are infecting American society as they work to empower minorities and “suppress traditional” (i.e. white) citizens. Multiculturalism and bilingualism are, he says, a “ferocious attack on the working class.” King discusses his bill that would make English the official language of the United States. King praises Brimelow, telling him that he has “read your books” and says to the gathered onlookers that Brimelow “eloquently wrote about the balkanization of America.” [Right Wing Watch, 2/9/2012] The 2011 CPAC event welcomed the far-right, implicitly racist John Birch Society as one of its sponsors (see April 19, 2010 and December 2011). That year, some conference participants stated their opposition to having white supremacists taking part in the event, opposition that apparently was not raised this year. And in 2011, Joseph Farah, the publisher of WorldNetDaily, was not part of CPAC because organizers did not want him discussing his questions about President Obama’s citizenship (see May 18, 2009 and March 24, 2011). This year, Farah is allowed to return.” [MaddowBlog, 2/9/2012]

Entity Tags: Rick Santorum, Robert Vandervoort, ProEnglish (.com), VDare (.com ), Willard Mitt Romney, Steve King, Newt Gingrich, Youth for Western Civilization, Mitch McConnell, Peter Brimelow, Michael Keegan, Charles Johnson, American Conservative Union, American Renaissance, Council of Conservative Citizens, Family Research Council, Conservative Political Action Conference, John Birch Society, Kristy Campbell, GOProud, Michele Bachmann, Joseph Farah

Timeline Tags: Domestic Propaganda

Foster Friess.Foster Friess. [Source: New York Magazine]Foster Friess, a multi-millionaire who is the chief supporter of a “super PAC” supporting the presidential candidacy of Rick Santorum (R-PA), weighs in on the controversy surrounding new federal mandates for providing birth control in employers’ health care coverage. Friess dismisses the controversy by suggesting that if women just kept their legs closed, they would not need contraception. In an interview with MSNBC’s Andrea Mitchell, Friess is asked if Santorum’s rigid views on sex and social issues (see April 7, 2003, April 23, 2003 and After, January 2011, January 7, 2011, October 18, 2011 and After, June 2011, September 22, 2011, January 1-3, 2012, January 2, 2012 and January 4, 2012) would hurt his chances in the general election. Friess responds by saying: “I get such a chuckle when these things come out. Here we have millions of our fellow Americans unemployed; we have jihadist camps being set up in Latin America, which Rick has been warning about; and people seem to be so preoccupied with sex. I think it says something about our culture. We maybe need a massive therapy session so we can concentrate on what the real issues are. And this contraceptive thing, my gosh, it’s [so] inexpensive. Back in my day, they used Bayer aspirin for contraceptives. The gals put it between their knees and it wasn’t that costly.” Mitchell says, “Excuse me, I’m just trying to catch my breath from that, Mr. Friess, frankly.” Think Progress’s Alex Seitz-Wald writes: “Given that [a]spirin is not a contraceptive, Friess seems to be suggesting that women keep the pill between their knees in order to ensure the[ir] legs stay closed to prevent having sex. Conspicuously, Friess doesn’t put the same burden on men.” [Think Progress, 2/16/2012; National Public Radio, 2/16/2012] Friess’s comment draws quick reaction from a number of sources, with many women’s groups expressing their outrage. Santorum quickly distances himself from the comment, calling it a “bad joke” and implying that the media is trying to smear him with it: “When you quote a supporter of mine who tells a bad off-color joke and somehow I am responsible for that, that is ‘gotcha,’” he tells a CBS News reporter. [Washington Post, 2/17/2012] Fox News’s late-night political humor show, Red Eye, features guest host Andy Levy sarcastically speculating that Friess’s joke is part of a “guerrilla marketing” scheme by the Bayer Corporation, which manufactures Bayer aspirin. Guest Anthony Cumia dismisses Friess’s comment by saying that Friess is “an old guy, he’s got old jokes.” [Mediaite, 2/17/2012] The next day, Friess issues an apology on his blog that reads: “To all those who took my joke as modern day approach I deeply apologize and seek your forgiveness. My wife constantly tells me I need new material—she understood the joke but didn’t like it anyway—so I will keep that old one in the past where it belongs.” New York Magazine’s Dan Amira writes, perhaps sarcastically, that he does not understand why either Santorum or Friess apologized, as he believes Friess stated Santorum’s position on sex and birth control rather clearly. “‘Hold an aspirin between your knees’ is just a more colorful way of saying, ‘just keep your legs closed,’ which is tantamount to ‘just don’t have sex,’” Amira writes. “It’s abstinence, pure and simple. Which is exactly what Santorum advocates. He’s said that unless you’re trying to procreate, you shouldn’t be having sex, and therefore, contraception is ‘not okay.’ He has promised to make this argument to the American people as president. As far we can tell, the only difference between Friess’s bad contraception joke and Santorum’s actual contraception beliefs is an aspirin.” [New York Magazine, 2/17/2012; Foster Friess, 2/17/2012] Friess is often described in the press as a “billionaire,” but both Friess and Forbes magazine say that appellation is inaccurate. [Forbes, 2/8/2012]

Entity Tags: Andrea Mitchell, Alex Seitz-Wald, Fox News, Rick Santorum, Dan Amira, Foster Friess, Andy Levy, Anthony Cumia

Timeline Tags: US Health Care, 2012 Elections

Bradley A. Smith, the chairman of the Center for Competitive Politics (CCP) and a former commissioner and chairman of the Federal Election Commission (FEC) during the George W. Bush administration, writes a second editorial for US News and World Report defending “super PACs,” the “independent” political entities responsible for infusing millions of dollars into the political campaign system. Smith wrote an editorial in January 2012 defending super PACs, claiming they are the direct outgrowth of First Amendment free-speech rights and are actually good for the campaign system (see January 13, 2012). However, as in his first editorial, Smith makes a number of false claims to bolster his arguments. Such organizations were created in the aftermath of the Supreme Court’s 2010 Citizens United decision (see January 21, 2010) and the following SpeechNow.org decision (see March 26, 2010). He notes, correctly, that until 1974 there were no federal restrictions on super PACs, apparently referring to that year’s amendments to the Federal Election Campaign Act (see 1974), though he fails to note that such organizations did not exist until after the SpeechNow decision. He claims that “[t]here is no evidence that super PACs have led to a greater percentage of negative ads” than in earlier presidential campaigns, though he cites no evidence to that effect. He also claims, as he did in the first editorial, that it is false to claim super PACs “spend ‘secret’ money. This is just not true. By law, super PACs are required to disclose their donors. There are groups that have never had to disclose their donors, non-profits such as the Sierra Club, Planned Parenthood, the NAACP, and the NRA. If you want more disclosure, super PACs are a step forward.” Unfortunately, the Citizens United decision specifically allows donors to super PACs to remain anonymous, despite Smith’s claims to the contrary (see January 27-29, 2010, July 26, 2010, July 26-27, 2010, September 13-16, 2010, September 21 - November 1, 2010, Mid-October 2010, Around October 27, 2010, April 20, 2011, April 21, 2011 and After, July 12, 2011, and November 18, 2011). Republicans have fought to preserve that anonymity (see July 26-27, 2010, May 26, 2011, July 15, 2011, and July 20, 2011). As in the first editorial, Smith is correct in saying that traditional nonprofit groups must disclose their donors, though many are apparently failing to do so (see October 12, 2010). He also claims that super PACs increase competition—“level the playing field,” as he wrote in the first editorial—by allowing Republican candidates to equal the spending of their Democratic opponents. In reality, Republicans have outstripped Democrats in outside, super PAC spending since the Citizens United decision (see Around October 27, 2010, November 1, 2010, and May 5, 2011). Smith bolsters his claim by citing direct campaign spending as offsetting “independent” super PAC spending, such as in the 2010 US House race involving incumbent Peter DeFazio (D-OR), who won re-election even after a $500,000 super PAC-driven effort on behalf of his challenger. DeFazio, Smith claims, “outspent his opponent by a sizable margin and won. Still, for the first time in years he had to campaign hard for his constituents’ support. That’s a good thing.” He cites the presidential campaigns of Republican contenders Newt Gingrich (R-GA—see December 19, 2011 and January 6, 2012) and Rick Santorum (R-PA—see February 16-17, 2012), which have relied on the contributions of a very few extraordinarily wealthy contributors to keep their candidacies alive against the frontrunner Mitt Romney (R-MA), whose own super PAC funding is extraordinary (see June 23, 2011). And, he writes, super PAC spending “improves voter knowledge of candidates and issues. Indeed, political ads are frequently a better source of information for voters than news coverage.” The most important benefit of the two Court decisions and the subsequent influx of corporate money into the US election continuum (see January 21, 2010, January 21, 2010, January 21-22, 2010, January 21, 2010, January 21, 2010, January 21, 2010, March 26, 2010, April 5, 2010, September 13-16, 2010, September 21 - November 1, 2010, October 2010, Mid-October 2010, October 18, 2010, Around October 27, 2010, June 23, 2011, July 12, 2011, August 4, 2011, October 27, 2011, November 23, 2011, December 1, 2011, January 3, 2012, January 6, 2012, January 10, 2012, and January 23, 2012), he writes, “is that they get government out of the business of regulating political speech. Who would say that you can’t spend your own time and money to state your own political beliefs? Vindicating that fundamental First Amendment right is good for democracy.” [US News and World Report, 2/17/2012]

Entity Tags: Newt Gingrich, Bradley A. (“Brad”) Smith, Center for Competitive Politics, Peter DeFazio, Federal Election Campaign Act of 1972, Willard Mitt Romney, Federal Election Commission, US Supreme Court

Timeline Tags: Civil Liberties

Sheldon Adelson, the owner of casinos in Nevada and Southeast Asia, says he may contribute up to $100 million to the presidential campaign of Newt Gingrich (R-GA). Adelson has already given some $11 million to Gingrich’s campaign, bolstering Gingrich’s otherwise-floundering efforts to become the Republican presidential nominee (see December 19, 2011, January 6, 2012, and January 23, 2012). He mocks the idea that he is trying to personally buy the presidential election for Gingrich, saying of his detractors: “Those people are either jealous or professional critics.… They like to trash other people. It’s unfair that I’ve been treated unfair—but it doesn’t stop me. I might give $10 million or $100 million to Gingrich.” Adelson, one of the world’s richest people, is well able to afford the largesse: according to Forbes magazine, Adelson’s $11 million gift to Gingrich only amounts to 0.044 percent of his fortune. But Adelson says he does not believe in the wealthy trying to influence US politics. “I’m against very wealthy people attempting to or influencing elections,” he says. “But as long as it’s doable I’m going to do it. Because I know that guys like [George] Soros (see January - November 2004) have been doing it for years, if not decades. And they stay below the radar by creating a network of corporations to funnel their money. I have my own philosophy and I’m not ashamed of it. I gave the money because there is no other legal way to do it. I don’t want to go through 10 different corporations to hide my name. I’m proud of what I do and I’m not looking to escape recognition.” Adelson, whose net worth has increased more than any other American’s during the Obama administration, says he wants to see President Obama removed from office for economic reasons. “What scares me is the continuation of the socialist-style economy we’ve been experiencing for almost four years,” he says. “That scares me because the redistribution of wealth is the path to more socialism, and to more of the government controlling people’s lives. What scares me is the lack of accountability that people would prefer to experience, just let the government take care of everything and I’ll go fish or I won’t work, etc.… US domestic politics is very important to me because I see that the things that made this country great are now being relegated into duplicating that which is making other countries less great.… I’m afraid of the trend where more and more people have the tendency to want to be given instead of wanting to give. People are less willing to share. There are fewer philanthropists being grown and there are greater expectations of the government. I believe that people will come to their senses and not extend the current administration’s quest to socialize this country. It won’t be a socialist democracy because it won’t be a democracy.” He refuses to say whether he would support another Republican candidate if Gingrich fails to secure the nomination, though he admits: “The likelihood is that I’m going to be supportive of whoever the candidate is. I just haven’t decided that yet and will wait to see what happens.” Adelson, whose Gingrich donations went mostly for negative ad campaigns against fellow Republican Mitt Romney (see December 19, 2011), adds: “I don’t believe in negative campaigning. I believe in saying that my opponents are very good people and I’m confident a lot of them would do a good job, but I would do a better job, and here’s why. Money is fungible, but you can’t take my money out of the total money you have and use it for negative campaigning.” Adelson denies that his money went towards the negative campaign ads that helped Gingrich win over Romney in South Carolina, saying: “That’s what everybody says, but that doesn’t mean it’s true. Most of what’s been written about me in this is untrue.” [Forbes, 2/21/2012]

Entity Tags: Obama administration, George Soros, Newt Gingrich, Willard Mitt Romney, Sheldon Adelson

Timeline Tags: Civil Liberties, 2012 Elections

Kenneth Griffin.Kenneth Griffin. [Source: Start a Hedge Fund (.com)]Billionaire hedge fund investor Kenneth Griffin tells a Chicago reporter that he does not believe the extraordinarily wealthy wield enough political influence in America, and says that they must step up to stop America’s “drift” towards Soviet-style “socialism.” Griffin, alone and in conjunction with his wife Anne, has given $150,000 to Restore Our Future, the super PAC that supports Mitt Romney (see June 23, 2011). He has also given over $560,000 to the Republican Governors Association and $300,000 to American Crossroads, the advocacy organization founded by Republican strategists Ed Gillespie and Karl Rove. The Griffins have been heavy Republican donors in previous election cycles, and have given around $1.5 million to Americans for Prosperity (AFP—see Late 2004), the “astroturf” lobbying and advocacy organization founded and sponsored by the billionaire oil magnates Charles and David Koch. Of his contributions to AFP, he explains: “Charles and David Koch are huge advocates for free markets (see 1977-Present, 1979-1980, 1997, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, November 2009, December 6, 2009, April 2010 and After, July 3-4, 2010, June 26-28, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011). I have a tremendous respect for their intellectual and financial commitment to embracing a set of economic policies that will give us global competitiveness.… I share their fundamental belief that economic freedom is core to the ethos of our country. It’s the idea that any person can pursue their dreams, whether it’s starting a business or who they choose to work for.” Asked, “Do you think the ultrawealthy have an inordinate or inappropriate amount of influence on the political process?” Griffith replies: “I think they actually have an insufficient influence. Those who have enjoyed the benefits of our system more than ever now owe a duty to protect the system that has created the greatest nation on this planet. And so I hope that other individuals who have really enjoyed growing up in a country that believes in life, liberty, and the pursuit of happiness—and economic freedom is part of the pursuit of happiness—[I hope they realize] they have a duty now to step up and protect that.… At this moment in time, these values are under attack. This belief that a larger government is what creates prosperity, that a larger government is what creates good [is wrong]. We’ve seen that experiment. The Soviet Union collapsed. China has run away from its state-controlled system over the last 20 years and has pulled more people up from poverty by doing so than we’ve ever seen in the history of humanity. Why the US is drifting toward a direction that has been the failed of experiment of the last century, I don’t understand. I don’t understand.” Asked if he believes he should continue to be allowed to make unlimited donations on behalf of candidates (see January 21, 2010), he answers: “In my opinion, absolutely. Absolutely. The rules that encourage transparency around that are really important.… My public policy hat says transparency is valuable. On the flip side, this is a very sad moment in my lifetime. This is the first time class warfare has really been embraced as a political tool. Because we are looking at an administration that has embraced class warfare as being politically expedient, I do worry about the publicity that comes with being willing to both with my dollars and, more importantly, with my voice to stand for what I believe in (see July 20, 2011).… I live in financial services, and every bank in the United States is really under the thumb of the government in a way it’s never been before. And that’s really worrisome to me, as someone who’s willing to say, ‘Wait, we need to step back and try to push government outside the realm of every dimension of our lives.’” [Think Progress, 3/10/2012; Chicago Tribune, 3/11/2012]

Entity Tags: David Koch, American Crossroads, Americans for Prosperity, Charles Koch, Republican Governors Association, Willard Mitt Romney, Kenneth Griffin, Anne Griffin, Restore Our Future

Timeline Tags: Civil Liberties, 2012 Elections

The liberal news Web site Think Progress cites the two-year anniversary of the SpeechNow.org v. Federal Elections Commission ruling (see March 26, 2010), which allowed the creation of “super PACs,” or “independent expenditure” organizations. Think Progress writes, “Combined with the unlimited corporate expenditures enabled by the Supreme Court’s earlier Citizens United decision (see January 21, 2010), this case brought the campaign finance system to where it is now: more than $80 million spent already this cycle by super PACs and more than two-thirds of their funding coming from just 46 rich donors.” $67 million of the $80 million spent so far comes from 46 extraordinarily wealthy citizens. Almost all of them are owners and/or senior executives of oil and energy companies, hoteliers, and financial executives. Almost all are white and male. And almost all of them contribute to conservative and Republican-supporting groups (see February 21, 2012). John Dunbar of the Center for Public Integrity says, “We’re looking at a singularly weird phenomenon.” The super PAC supporting Republican presidential candidate Mitt Romney (R-MA), himself a former financial services CEO, is primarily funded by Wall Street executives, mostly private equity and hedge fund executives. One major Romney contributor, hedge fund manager John Paulson, has contributed $1 million. Paulson made enormous profits in 2008 by investing funds in ventures based on the mortgage industry collapse. Viveca Novak of the Center for Responsive Politics says, “The financial sector is one where there’s a lot of money, and it’s a sector with which Romney is very familiar, so it’s not surprising that it would be a big source of contributions.” Other Republican candidates such as Newt Gingrich (R-GA), Rick Santorum (R-PA), and Ron Paul (R-TX) also garner big contributions from billionaires. Gingrich is primarily funded by casino owner Sheldon Adelson, who makes much of his money in Las Vegas and China’s Macau. Paul has the backing of billionaire Peter Thiel, a Silicon Valley venture capitalist, and Santorum is primarily supported by billionaire Foster Friess (see February 16-17, 2012)—arguably all three candidates’ campaigns are being supported by single donors who decide whether their campaigns will continue by virtue of granting or withholding donations. Attorney Paul S. Ryan of Campaign Legal Center says: “We’ve had a small group of donors maintain the viability of certain candidates. It’s an Alice in Wonderland situation. It defies logic.… American elections are funded by a very narrow range of special interests, and that has the effect of making our democracy look a lot more like a plutocracy.” Thomas Mann of the Brookings Institution says it is sometimes difficult to discern the motivations behind billionaires’ funding of certain candidates, but billionaire Harold Simmons, who made his fortune in leveraged buyouts and corporate takeovers, says he is funding conservative super PACs because President Obama is a “socialist.” The Wall Street Journal has noted that Simmons and others like him would profit greatly if their industries were less regulated by government agencies. If Republicans do well in the November elections, Simmons told the Journal that “we can block that crap [regulations].” Conservative super PACs are far outstripping the super PAC backing the Obama re-election campaign as well as other Democrats running for office. Mann says, “The pool of billionaires who can throw tens of millions into the game—and are inclined to do so—is concentrated on the right.” Obama has so far been reluctant to get involved in his super PAC’s fundraising activities, but recent statements by his campaign indicate that White House aides will try to help Priorities USA Action, the Obama super PAC, raise more money in the near future. Obama campaign manager Jim Messina says the Obama campaign is in danger of being overwhelmed by the fundraising from conservative billionaires. CNN states that the most notable effect of super PAC funding might not be on the presidential race, but on “downticket” races for Congress. Much smaller outlays of super PAC money can have extraordinary impacts on such races. Dunbar says, “An individual donor and a super PAC could go off to some district in Kentucky and just completely destroy some candidate because he doesn’t favor what’s good for your business.” [Think Progress, 3/26/2012; CNN, 3/26/2012; Huffington Post, 6/16/2012]

Entity Tags: Jim Messina, Harold Simmons, Viveca Novak, Wall Street Journal, Willard Mitt Romney, CNN, Barack Obama, Thomas Mann, Think Progress (.org), US Supreme Court, Foster Friess, Newt Gingrich, John Paulson, John Dunbar, Sheldon Adelson, Ron Paul, Paul S. Ryan, Rick Santorum, Priorities USA Action, Peter Thiel

Timeline Tags: Civil Liberties, 2012 Elections

USA Today, using data provided by the Federal Election Commission (FEC), reports that much of the unprecedentedly high political contributions in the 2012 presidential campaigns comes from anonymous donors. The report also shows that eight out of the top 10 donors give to Republican and/or conservative super PACs. The pattern is similar to that described in earlier reports, such as an August 2011 report that found a dozen wealthy donors made up the majority of super PAC donations, and most of those donors contributed to Republican or conservative organizations (see August 4, 2011), and a February 2012 analysis that found a quarter of the donations flowing into the super PACs came from just five wealthy donors, four of whom are Republican contributors (see February 21, 2012). The latest data shows that eight out of 10 of the top super PAC donors are either individuals or corporations who donate to Republican causes. One of the remaining two donors, the Cooperative of American Physicians, supports a single Democratic candidate and a range of Republicans. The other is a teachers’ union, the National Education Association. The top three donors—casino billionaire Sheldon Adelson and his wife Miriam, Dallas industrialist Harold Simmons and his wife Annette, and Houston real-estate mogul Bob Perry—have between them contributed over $45 million, more than four times the donations coming from the “bottom” six donors. Much of the money collected by nonprofit political advocacy organizations remains undocumented; for example, 80 percent of the donations collected by the Republican-aligned American Crossroads super PAC and its 501(c)4 sister organization Crossroads GPS is from anonymous donors (see April 13-20, 2012). The groups plan on spending at least $300 million during the campaign. FreedomWorks for America, the super PAC arm of the “astroturf” lobbying organization FreedomWorks (see April 14, 2009), garnered about a third of its contributions from anonymous donors who gave to the organization’s nonprofit arm. Law professor and campaign finance expert Richard Hasen says, “We have a dysfunctional system for financing our elections,” when anonymous donations can fund political activity. “It’s bad for our democracy when people refuse to be held accountable.” Russ Walker, the national political director of FreedomWorks for America, says simply, “Everything we are doing is within the law.” [USA Today, 4/22/2012; Think Progress, 4/23/2012]

Entity Tags: Cooperative of American Physicians, USA Today, American Crossroads GPS, American Crossroads, Bobby Jack Perry, Russ Walker, Sheldon Adelson, National Education Association, FreedomWorks for America, FreedomWorks, Federal Election Commission, Richard L. Hasen, Miriam Adelson, Annette Simmons, Harold Simmons

Timeline Tags: Civil Liberties, 2012 Elections

A screenshot from an ad attacking Mitt Romney, sponsored by a super PAC on behalf of Newt Gingrich.A screenshot from an ad attacking Mitt Romney, sponsored by a super PAC on behalf of Newt Gingrich. [Source: Think Progress]The Wesleyan Media Project (WMP), a nonpartisan political analysis group working out of Connecticut’s Wesleyan University, finds that negative political advertising has become the mainstay of political broadcast advertising in the 2012 presidential campaign. Only about 8 percent of ads in the 2008 presidential campaign could be considered negative, the WMP writes, but in 2012, 70 percent of ads are negative. (The WMP defines negative as “mentioning an opponent.”) Erika Franklin Fowler, the WMP’s co-director, says: “One reason the campaign has been so negative is the skyrocketing involvement of interest groups, who have increased their activity by 1,100 percent over four years ago. But we cannot attribute the negativity solely to outside groups. Even the candidates’ own campaigns have taken a dramatic negative turn.” Interest-group advertising, i.e. ads financed by “independent” third-party organizations that support one candidate or another, were 75 percent positive in 2008, but only 14 percent positive in 2012. In 2008, ads financed directly by candidate campaigns were 9 percent negative, but this year are 53 percent negative.
Huge Spike in Third-Party Advertising from 2008 - Almost two-thirds of the ads aired in 2012 are paid for by “third party” organizations such as super PACs and “nonprofit” groups. Super PACs alone have financed 60 percent of the ads during this cycle; that figure for 2008 was 8 percent. The WMP writes: “An estimated $112M [million] has been spent to date on 207,000 ads compared to $190M spent on just under 300,000 ads in 2008. Much of this decline in spending and ad volume is due to the lack of a nomination contest on the Democratic side this year.” The project refers to the Republican presidential primary, which is featuring massive spending on behalf of candidates by third-party organizations. “Such levels of outside group involvement in a presidential primary campaign are unprecedented,” according to co-director Travis Ridout. “This is truly historic. To see 60 percent of all ads in the race to-date sponsored by non-candidates is eye-popping.” One of the most prominent organizations, the nonprofit Crossroads GPS (see April 13-20, 2012), has already aired some 17,000 ads, mostly attacking President Obama. Those ads are joined by commercials paid for by another conservative advocacy group, Americans for Prosperity (AFP—see Late 2004, May 29, 2009, and November 2009), which has aired some 7,000 ads. The Obama campaign and the Democratic National Committee (DNC) have combined to air some 20,342 ads. WMP data shows that 33,420 anti-Obama, pro-Republican spots have aired as opposed to 25,516 anti-Republican, pro-Obama ads.
Most Ads Paid for by Anonymous Donations - Unlike the majority of the ads that aired in the primary election, most of the ads airing for the general election have “come from groups that do not need to disclose their donors,” according to WMP co-founder Michael M. Franz. “That’s a lot of money and airtime backed by undisclosed sources.” Republican presidential candidates Newt Gingrich (R-GA), Jon Huntsman (R-UT), Mitt Romney (R-MA), and Rick Santorum (R-PA) were very reliant on super PAC advertising, with Ron Paul (R-TX) less so. About 20 percent of ads aired on Obama’s behalf have come from his super PAC, Priorities USA Action, though the DNC has aired a number of ads on behalf of Obama. Priorities USA Action is answering negative ads from Crossroads GPS with its own advertising, mainly in “battleground” states such as Iowa, North Carolina, Ohio, Colorado, Florida, Virginia, and Nevada. Ridout says: “Early general election spending reveals that both parties are focused on markets in the same key battleground states. The past couple of weeks, Obama and his super PAC have been on the air in a few more markets than Crossroads GPS, but both sides have focused their advertising in markets in Nevada, Colorado, Florida, Virginia, Iowa, and Ohio.” Groups such as the conservative Club for Growth, the American Action Network (AAN—see Mid-October 2010), and AFP are airing ads in Senate races in Florida, Indiana, and Nebraska. And some $6 million in advertising has flooded Wisconsin and its gubernatorial recall election involving Governor Scott Walker (R-WI). Walker and the super PAC supporting him, Right Direction Wisconsin PAC (an arm of the Republican Governors’ Association), have outspent their Democratic opponents; of the 17,000 ads aired in Wisconsin about the recall election, 10,000 have either been pro-Walker or negative ads attacking the recall and Walker’s challengers. Franz says: “Wisconsinites have been inundated with advertising surrounding the gubernatorial recall election. Walker and his allies hold a substantial advantage to date in the air war in all markets except Madison, and the incumbent governor’s ads have been more positive than his competitors’ ads.” The liberal news Web site Think Progress notes that the 2010 Citizens United decision is largely responsible for the increased spending by third-party groups (see January 21, 2010). [Wesleyan Media Project, 5/2/2012; Think Progress, 5/3/2012]

Entity Tags: Club for Growth, Americans for Prosperity, Travis Ridout, Wesleyan Media Project, Willard Mitt Romney, American Action Network, 2012 Obama presidential election campaign, Scott Kevin Walker, Ron Paul, Think Progress (.org), Rick Santorum, Jon Huntsman, Erika Franklin Fowler, Democratic National Committee, American Crossroads GPS, Right Direction Wisconsin PAC, Mitt Romney presidential campaign (2012), Michael M. Franz, Priorities USA Action, Newt Gingrich

Timeline Tags: Civil Liberties, 2012 Elections

Jeffrey Toobin in 2007.Jeffrey Toobin in 2007. [Source: Wikimedia]Author and political pundit, Jeffrey Toobin, publishes an in-depth article for the New Yorker showing that Chief Justice John Roberts engineered the 2010 Citizens United Supreme Court decision (see January 21, 2010), moving it from a case that could well have been considered and decided on a relatively narrow basis to a sweeping decision that reformed the nation’s campaign finance structure. Toobin writes that the underlying issue was quite narrow: the conservative advocacy organization Citizens United (CU) wanted to run a documentary attacking presidential candidate Hillary Clinton (D-NY) on “video on demand” cable broadcast (see January 10-16, 2008). Under the McCain-Feingold campaign finance legislation (see March 27, 2002 and December 10, 2003), the Federal Election Commission (FEC) disallowed the broadcast because it would come 30 days or less before primary elections. CU challenged the decision in court (see January 10-16, 2008, March 24, 2008, March 15, 2009, June 29, 2009, and September 9, 2009). [New Yorker, 5/21/2012] Toobin’s article is an excerpt from his forthcoming book The Oath: The Obama White House vs. The Supreme Court. It is dated May 21, but appears on the New Yorker’s Web site on May 14. [Tom Goldstein, 5/14/2012]
Oral Arguments - During the initial arguments (see March 15, 2009), attorney Theodore Olson, the former solicitor general for the Bush administration, argued a narrow case: that McCain-Feingold’s prohibitions only applied to television commercials, not to full-length documentary films. Olson argued, “This sort of communication was not something that Congress intended to prohibit.” Toobin writes: “Olson’s argument indicated that there was no need for the Court to declare any part of the law unconstitutional, or even to address the First Amendment implications of the case. Olson simply sought a judgment that McCain-Feingold did not apply to documentaries shown through video on demand.… If the justices had resolved the case as Olson had suggested, today Citizens United might well be forgotten—a narrow ruling on a remote aspect of campaign-finance law.” However, Justice Antonin Scalia, one of the most vocal opponents of campaign finance restrictions on the Court (see September 26, 1986, December 15, 1986, March 27, 1990, June 26, 1996, June 16, 2003, December 10, 2003, and June 25, 2007), seemed disappointed in the limited nature of Olson’s argument, Toobin writes. The oral arguments expand the case far beyond Olson’s initial position. Olson’s initial intention was to narrow the case so that the Court would not have to expand its scope to find in favor of CU.
Change of Scope - Ironically, the government’s lead lawyer, Deputy Solicitor General Malcolm Stewart, may well have changed the scope of the case in favor of a broader interpretation. Traditionally, lawyers with the solicitor general (SG)‘s office are far more straightforward with the Court than is usual in advocacy-driven cases. Toobin writes: “The solicitor general’s lawyers press their arguments in a way that hews strictly to existing precedent. They don’t hide unfavorable facts from the justices. They are straight shooters.” Stewart, who had clerked for former Justice Harry Blackmun and a veteran of the SG office since 1993, is well aware of the requirements of Court arguments. But, Toobin writes, Stewart fell into a trap, prompted by Justice Samuel Alito’s pointed questioning about the government’s ability to ban or censor printed materials—i.e. books—under McCain-Feingold—and follow-up questions by Roberts and Justice Anthony Kennedy, that led him to claim incorrectly that the government could indeed censor books under the law. Stewart’s incorrect assertion gave Roberts and his colleagues the chance to overturn McCain-Feingold on the grounds of the First Amendment right to freedom of speech.
Second Arguments - The second arguments were held on September 9, 2009 (see September 9, 2009). The concept of “money equals speech” goes back at least as far as the 1976 Buckley decision (see January 30, 1976), and the five conservative justices were poised to stretch that definition much farther than has previously been done.
Majority Opinion - Toobin writes that Roberts’s decision was then to decide “how much he wanted to help the Republican Party. Roberts’s choice was: a lot.” Roberts assigned the opinion to Kennedy, the “swing” justice who had already written an expansive opinion gutting almost a century’s worth of campaign finance legislation. Kennedy tends to “swing wildly in one direction or another,” Toobin writes, “an extremist—of varied enthusiasms.” In the area of campaign finance, he has consistently “swung” to the conservative side of the argument. He is, Toobin writes, “extremely receptive to arguments that the government had unduly restricted freedom of speech—especially in the area of campaign finance.” Moreover, Kennedy enjoys writing controversial and “high-profile” opinions. Toobin says that Roberts’s choice of Kennedy to write the opinion was clever: Roberts came onto the Court promising to conduct himself with judicial modesty and a respect for precedent. Kennedy, with his draft opinion at the ready, was a better choice to write an opinion that lacked either modesty or a respect for Court precedence. Roberts, Toobin writes, “obtained a far-reaching result without leaving his own fingerprints.” Kennedy, in an often-eloquent opinion that did not deal with the gritty reality of the Citizens United case, stated that any restraint of money in a campaign risked infringing on free speech. “Speech is an essential mechanism of democracy, for it is the means to hold officials accountable to the people. The right of citizens to inquire, to hear, to speak, and to use information to reach consensus is a precondition to enlightened self-government and a necessary means to protect it.… By taking the right to speak from some and giving it to others, the government deprives the disadvantaged person or class of the right to use speech to strive to establish worth, standing, and respect for the speaker’s voice. The government may not by these means deprive the public of the right and privilege to determine for itself what speech and speakers are worthy of consideration. The First Amendment protects speech and speaker, and the ideas that flow from each.” Kennedy also reaffirmed the Court’s perception that corporations deserve the same First Amendment protections enjoyed by individuals. Kennedy’s opinion found, in Toobin’s words, that “[t]he Constitution required that all corporations, for-profit and nonprofit alike, be allowed to spend as much as they wanted, anytime they wanted, in support of the candidates of their choosing.” One of the only provisions remaining in McCain-Feingold after Kennedy’s opinion was the ban on direct corporate contributions to candidates.
Fiery Dissent from 'Liberal' Stevens - Toobin reminds readers that the elder statesman of the “liberal” wing of the Court at the time, John Paul Stevens, is a “moderate Midwestern Republican,” one of the last of a “vanishing political tradition.” Though Stevens’s views have migrated left on some issues, such as the death penalty, Toobin writes that the perception of Stevens as a Court liberal is mostly because of the Court’s steady progression to the right. Toobin writes that the 90-year-old Stevens has grown dispirited in recent years, as the conservative wing of the Court, led by Scalia, Alito, and Roberts with Clarence Thomas and often Kennedy in tow, overturned one Court precedent after another. “The course of Citizens United represented everything that offended Stevens most about the Roberts Court,” Toobin writes. Much of Stevens’s objections to the Roberts Court are rooted in procedure; he is deeply troubled by the Citizens United case being transformed by Roberts and his conservative colleagues from a narrowly focused case about a single McCain-Feingold provision to what Toobin calls “an assault on a century of federal laws and precedents. To Stevens, it was the purest kind of judicial activism.” Stevens wrote in his angry dissent, “Five justices were unhappy with the limited nature of the case before us, so they changed the case to give themselves an opportunity to change the law.” A simple change in the McCain-Feingold law to disallow its application to full-length documentaries the CU case was sparked by, or even to nonprofit organizations such as CU, would have been appropriate, Stevens wrote. He penned a 90-page dissent, the longest of his career, blasting almost every aspect of Kennedy’s decision, starting with Kennedy’s ignoring of precedent and continuing with a refutation of Kennedy’s perception of the Constitutional definitions of “censorship” and “free speech.” Stevens was angered by Kennedy’s equivocation of corporations with people. “The Framers thus took it as a given that corporations could be comprehensively regulated in the service of the public welfare,” he wrote. “Unlike our colleagues, they had little trouble distinguishing corporations from human beings, and when they constitutionalized the right to free speech in the First Amendment, it was the free speech of individual Americans that they had in mind.” Congress has drawn significant distinctions between corporations and people for over a century, he wrote: “at the federal level, the express distinction between corporate and individual political spending on elections stretches back to 1907, when Congress passed the Tillman Act” (see 1907). He even challenged Kennedy’s stated fear that the government might persecute individuals’ speech based on “the speaker’s identity,” sarcastically noting that Kennedy’s opinion “would have accorded the propaganda broadcasts to our troops by ‘Tokyo Rose’ [a famed Japanese propagandist] during World War II the same protection as speech by Allied commanders.” According to Toobin, Stevens’s law clerks disliked the dated reference, but Stevens, a Navy veteran, insisted on keeping it. Toobin writes that “Stevens’s conclusion was despairing.” Stevens concluded: “At bottom, the Court’s opinion is thus a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self-government since the founding, and who have fought against the distinctive corrupting potential of corporate electioneering since the days of Theodore Roosevelt.… It is a strange time to repudiate that common sense. While American democracy is imperfect, few outside the majority of this Court would have thought its flaws included a dearth of corporate money in politics.” Toobin notes that as “impressive” as Stevens’s dissent may have been, it was Kennedy’s opinion that “was reshaping American politics.”
Reaction - In his State of the Union address six days after the verdict, President Obama referenced Justice Ruth Bader Ginsburg’s concerns about foreign influence in American politics by saying, “With all due deference to separation of powers, last week the Supreme Court reversed a century of law that I believe will open the floodgates for special interests—including foreign corporations—to spend without limit in our elections” (see January 27-29, 2010). Democrats cheered as Obama said, “I don’t think American elections should be bankrolled by America’s most powerful interests or, worse, by foreign entities.” Alito’s mouthing of the words “not true” stirred some controversy; Toobin notes that Alito was technically correct, as “Kennedy’s opinion expressly reserved the question of whether the ruling applied to foreign corporations.” However, Toobin notes, “as Olson had argued before the justices, the logic of the Court’s prior decisions suggested that foreign corporations had equal rights to spend in American elections.” With the Citizens United decision and a March 2010 decision that allowed for the formation of “super PACs” (see March 26, 2010), the way was clear for what Toobin calls “presidential campaigns in 2012 that were essentially underwritten by single individuals.” He notes the billionaires that almost single-handedly supported Republican presidential candidates (see February 21, 2012, February 16-17, 2012, February 21, 2012, March 26, 2012, and April 22, 2012), and the efforts of organizations like Crossroads GPS that have to date raised tens of millions of dollars for Republican candidates (see May 2, 2012). Toobin believes that the Court will continue to deregulate campaign finance, noting the 2011 decision that invalidated Arizona’s system of public financing that state enacted after a series of campaign finance scandals (see June 27, 2011). He concludes, “The Roberts Court, it appears, will guarantee moneyed interests the freedom to raise and spend any amount, from any source, at any time, in order to win elections.” [New Yorker, 5/21/2012]
Criticisms of the Article - Toobin’s article will engender significant criticism, from nuanced questioning of particular elements of Toobin’s story (see May 14, 2012) to accusations of outright “fictionalizing” (see May 17, 2012) and “libelous” claims (see May 15-17, 2012).

Entity Tags: Clarence Thomas, US Supreme Court, Citizens United, Barack Obama, Antonin Scalia, Anthony Kennedy, American Crossroads GPS, Tillman Act, Bipartisan Campaign Reform Act of 2002, Theodore (“Ted”) Olson, Ruth Bader Ginsberg, John Paul Stevens, John G. Roberts, Jr, Malcolm Stewart, Jeffrey Toobin, Republican Party, Hillary Clinton, Samuel Alito, Federal Election Commission

Timeline Tags: Civil Liberties

Ed Whelan of the conservative National Review is highly critical of a recent article by the New Yorker’s Jeffrey Toobin about the internal decision-making process behind the 2010 Citizens United decision (see January 21, 2010 and May 14, 2012). Elements of Toobin’s narrative have already been questioned by law professors Thomas Goldstein and Jonathan Adler (see May 14, 2012), though both professors are generally supportive of the article and recommend it for reading. In his first article, Whelan writes that the evidence “doesn’t support his thesis,” and promises a followup article that addresses “some of Toobin’s wild distortions about” the decision, including what he calls Toobin’s “baseless libel” against Chief Justice John Roberts, referencing Toobin’s implication that Roberts engineered the sweeping campaign finance reform of the decision in order to aid Republican candidates. Whelan interprets Toobin’s evidence to say that it shows Justice Anthony Kennedy, not Roberts, enlarged the scope of the Citizens United decision; however, Whelan believes neither interpretation. Some of Toobin’s interpretation of events hinges on a draft dissent penned by Justice David Souter that was withdrawn after Roberts agreed to let the case be re-argued (see June 29, 2009 and September 9, 2009). Whelan implies that he doubts the existence of such a dissent, an implication that cannot be disproven, as Souter sealed his Court records after his retirement (see May 14-16, 2012). If the dissent does exist, Whelan doubts that Toobin has read it. He concludes by casting aspersions on Toobin’s assertion that Roberts engineered the results of the decision “without leaving his own fingerprints.” Roberts cast the deciding vote in the 5-4 split, Whelan notes, and adds that Roberts did not entirely escape criticism for the ruling after it was issued. [National Review, 5/15/2012]
Part Two - The next day, Whelan publishes the second part of the article, and condemns Toobin for asserting that Roberts crafted the decision with the intention of helping Republican candidates in upcoming elections. He calls the assertion “scurrilous,” and says Toobin presents “not an iota of evidence” for the claim. Whelan then writes that no evidence exists to show that the decision has helped Republican candidates more than Democrats (see November 1, 2010 and January 21, 2012), apparently ignoring two years’ worth of evidence showing that in the wake of decisions, outside funding of Republican candidates has swamped Democrats’ efforts to retain parity (see August 2, 2010, April 5, 2010, September 13-16, 2010, September 21 - November 1, 2010, October 2010, Mid-October 2010, October 18, 2010, Around October 27, 2010, October 30, 2010, Mid-November 2010, January 26, 2011 and After, March 2011, (May 4, 2011), May 5, 2011, July 12, 2011, August 4, 2011, October 27, 2011, November 8, 2011, December 1, 2011, January 6, 2012, January 23, 2012, February 6, 2012, February 9, 2012, February 21, 2012, February 21, 2012, February 21, 2012, March 9, 2012, March 26, 2012, Late March 2012, April 13-20, 2012, April 22, 2012, and May 2, 2012). He cites an article by Weekly Standard contributor Andrew Ferguson that denies the “rich and powerful” donate more to Republicans than Democrats, where the only “evidence” Ferguson cited was his assertion that “Democrats are the party of what Democrats used to call the superrich. Only Democrats seem not to realize this.” [National Review, 5/16/2012]
Final Thoughts - Whelan’s final article on the subject approvingly cites an equally negative critique of the Toobin article from Weekly Standard writer Adam White (see May 17, 2012), and insults law professor Richard Hasen’s perspective on the matter (see May 14-16, 2012); after noting that Hasen is a “[l]aw professor and election-law expert,” Whelan advises Hasen to read White’s column more closely. He also derides the idea that the Souter dissent is “secret,” noting that it would have been circulated among the other eight justices, and Justice John Paul Stevens would have had it available to him for his own published dissent. He then quotes Hasen’s critique of Stevens’s “somewhat meandering and ineffective” dissent, turns the phrasing around to insult Souter’s writing style, and says that Souter’s dissent may “reflect… too much of Souter’s draft dissent.” In attacking Hasen’s request for Souter to release the dissent, he contradicts himself by noting that the dissent is “confidential case information” that should remain out of public view. [National Review, 5/17/2012]

Entity Tags: John G. Roberts, Jr, Anthony Kennedy, Andrew Ferguson, Adam White, David Souter, Jeffrey Toobin, Richard L. Hasen, Thomas Goldstein, John Paul Stevens, Jonathan Adler, Ed Whelan

Timeline Tags: Civil Liberties

Columnist Adam White, writing for the conservative Weekly Standard, lambasts a recent article by the New Yorker’s Jeffrey Toobin about the internal decision-making process behind the 2010 Citizens United decision (see January 21, 2010 and May 14, 2012). Most publications describe the decision as allowing corporations and labor unions to spend money freely in campaigns, but White defines it differently, calling it an affirmation of “a corporation’s First Amendment right to spend money on independent speech on political issues, even when that speech criticizes candidates for office” (see January 21, 2010, January 22, 2010, and February 2, 2010). Law professors Tom Goldstein and Jonathan Adler have found some “spin” in Toobin’s account of events (see May 14, 2012), and law professor Richard Hasen has asked that a draft dissent highly critical of the decision and its methodology be made public to shed light on Toobin’s narrative (see May 14-16, 2012). However, White goes significantly further than any of the professors in tarring Toobin’s article, and in some instances Toobin himself. White writes flatly that everyone outside of “Toobin’s base,” presumably meaning liberals who comprise “Chief Justice [John] Roberts’s critics,” is “skeptical” of the article, and cites Goldstein and National Review columnist Ed Whelan (see May 15-17, 2012) as examples of those presumed skeptics who have “poured cold water” on the story. According to White, Toobin “front-load[ed] his story with easily disprovable mischaracterizations of the case” that [e]ven a cursory review of the case’s briefs, and contemporary news coverage, disproves Toobin’s thesis” of Roberts using a narrowly drawn case to revamp and invalidate most of US campaign finance law. White writes that Toobin’s characterization of the narrow focus of the case is wrong: “The First Amendment stakes were well known, and much discussed, in the run-up to oral argument.” He cites the New York Times editorial published at the time of the first arguments, in March 2009 (see March 23, 2009), warning that if the Court ruled in favor of Citizens United, “it would create an enormous loophole in the law and allow corporate money to flood into partisan politics in ways it has not in many decades. It also would seriously erode the disclosure rules for campaign contributions.” He also notes that respected court reporter Lyle Denniston warned before the oral arguments that the Citizens United case threatened to deliver “a sweeping rejection of Congressional authority to regulate campaign spending by corporations.” Toobin himself made some of the same arguments on CNN the day of the arguments, White notes. He calls Toobin’s version of events in the article a “clumsy fictionalization of the case” designed to vilify Roberts. He also questions Toobin’s characterization of the first arguments from Citizens United (CU) lawyer Theodore Olson, going considerably further than either Goldstein or Adler in accusing Toobin of fundamentally misrepresenting Olson’s original, narrowly focused case. According to White, Olson’s opening argument claimed that the restriction being challenged by CU was “unconstitutional as applied to the distribution of Citizens United’s documentary film through video on demand… [it] plainly exceeds Congress’s sharply limited authority to abridge the freedom of speech.” White claims that Olson cited First Amendment grounds in a portion of the arguments not reported by Toobin, and quotes from Olson’s argument; that quote describes Olson’s citation of the 2007 case Wisconsin Right to Life (WRTL—see Mid-2004 and After and June 25, 2007), which indeed used First Amendment grounds for its successful positioning, and quotes Olson as saying the WRTL decision “errs on the side of permitting the speech, not prohibiting the speech.” White accuses Toobin of deliberately misrepresenting Olson’s argument to “advanc[e] his own anti-Roberts narrative.” White is unable to check the accuracy of Toobin’s behind-the-scenes narrative, as Toobin’s sources are not revealed in the article, but White is “skeptical,” writing, “Given Toobin’s inability of accurately handling straightforward, easily confirmable facts, why should anyone take at face value Toobin’s description of the justices’ private discussions, and their draft opinions—especially when Toobin only describes, never quotes, those deliberations or draft opinions?” Like Adler, Toobin questions the ethics of the person or persons at the Court who “leaked” the story to Toobin. [Weekly Standard, 5/17/2012]

Entity Tags: New York Times, Ed Whelan, Adam White, Jeffrey Toobin, Lyle Denniston, John G. Roberts, Jr, Theodore (“Ted”) Olson, Jonathan Adler, Richard L. Hasen, Thomas Goldstein

Timeline Tags: Civil Liberties

Retired Supreme Court Justice John Paul Stevens lambasts the Court’s 2010 Citizens United decision (see January 21, 2010), in which he strongly dissented (see May 14, 2012). Stevens has criticized the decision in earlier statements. He continues that trend in a speech given to the Clinton School of Public Service at the University of Arkansas. He agrees with President Obama’s warning that “foreign entities” could bankroll US elections (see January 27-29, 2010 and October 2010), and challenges the Court to prove that such concerns are “not true,” as Justice Samuel Alito famously mouthed during Obama’s speech at the time by reconciling the Court’s finding that the First Amendment “generally prohibits the suppression of political speech based on the speaker’s identity” with its subsequent decision to uphold a ban on campaign spending by non-citizens in Bluman v. Federal Election Commission (see August 8, 2011). Alito’s reaction to Obama’s warning “persuade[s] me that that in due course it will be necessary for the Court to issue an opinion explicitly crafting an exception that will create a crack in the foundation of the Citizens United majority opinion,” Stevens says. In doing so, “it will be necessary to explain why the First Amendment provides greater protection to the campaign speech of some non-voters than to that of other non-voters.” Stevens is referring to corporations and labor unions as “non-voters,” as is the Canadian citizen who filed the Bluman lawsuit. The Bluman case, Stevens says, “unquestionably provided the Court with an appropriate opportunity to explain why the president had misinterpreted the Court’s opinion in Citizens United. [T]he Court instead took the surprising action of simply affirming the district court without comment and without dissent.” Stevens says the two cases pose a legal conundrum—“notwithstanding the broad language used by the majority in Citizens United, it is now settled, albeit unexplained, that the identity of some speakers may provide a legally acceptable basis for restricting speech.” At some point, Stevens says, the Court will have to grapple with the effects of the decision. “I think it is likely that when the Court begins to spell out which categories of non-voters should receive the same protections as the not-for-profit Citizens United advocacy group, it will not only exclude terrorist organizations and foreign agents, but also all corporations owned or controlled by non-citizens, and possibly even those in which non-citizens have a substantial interest. Where that line will actually be drawn will depend on an exercise of judgment by the majority of members of the Court, rather than on any proposition of law identified in the Citizens United majority opinion.” Stevens does not explicitly reference the upcoming Court case where it will have to rule on Montana’s ban on corporate spending (see December 30, 2011 and After, January 4, 2012, February 10-17, 2012, and April 30, 2012), but he says the Court was wrong to overturn a precedent that allows states to bar corporate spending from outside their borders. For states such as Montana with those laws in effect, “those corporate non-voters were comparable to the non-voting foreign corporations that concerned President Obama when he criticized the Citizens United majority opinion.” He says, “If the First Amendment does not protect the right of a graduate of Harvard Law School to spend his own money to support the candidate of his choice simply because his Canadian citizenship deprives him of the right to participate in our elections, the fact that corporations may be owned or controlled by Canadians—indeed, in my judgment, the fact that corporations have no right to vote—should give Congress the power to exclude them from direct participation in the electoral process.” [Huffington Post, 5/30/2012; University of Arkansas Clinton School of Public Service, 5/30/2012 pdf file]

Entity Tags: Samuel Alito, Barack Obama, Citizens United, US Supreme Court, Clinton School of Public Service, John Paul Stevens

Timeline Tags: Civil Liberties

A federal judge denies the US government’s request (see May 25, 2012) to reconsider her order (see May 16, 2012) blocking enforcement of a law authorizing indefinite military detention, without charge or trial, of anyone, including US citizens arrested in the United States, accused of supporting groups hostile to the United States. Section 1021 of the 2012 National Defense Authorization Act (NDAA—see December 15, 2011) is under review in the case of Hedges v. Obama (see January 13, 2012) and Judge Katherine B. Forrest of the US District Court, New York Southern Division had issued a preliminary injunction enjoining enforcement of the law after finding it unconstitutional.
Controversy over Scope of Detention Authority - The US government had also stated in its request for reconsideration that it was interpreting Forrest’s order as applying only to the plaintiffs in the case. Forrest clarifies in her subsequent Memorandum Opinion and Order that by enjoining enforcement of § 1021(b)(2), the only remaining persons the law can be applied to are those defined in § 1021(b)(1): “A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.” This definition of covered persons is the same as the one given in the 2001 Authorization for Use of Military Force, passed by Congress following the September 11 attacks (see September 14-18, 2001). The Supreme Court has only ruled on a narrow range of relevant detention issues; one oft-cited case is Hamdi v. Rumsfeld (see June 28, 2004). Lower courts have produced a variety of opinions, some upholding an expansive view of detention authorities, others challenging it. In § 1021 of the NDAA, Congress asserted that it “affirms” detention authority granted under the AUMF, and does not “expand… the scope of the [AUMF].” Senator Carl Levin (D-MI), during a debate on the NDAA, explained the language in this way: “[W]e make clear whatever the law is. It is unaffected by this language in our bill” (see December 15, 2011). Congress included a separate, broader definition of covered persons in § 1021(b)(2) that potentially covered anyone alleged by the government to have supported groups hostile to the US, including US citizens arrested in the United States. This section is what prompted Hedges to sue, alleging these provisions violated his First and Fifth Amendment rights (see January 13, 2012). Forrest found the bill’s broad and vague provisions for indefinite military detention to be unconstitutional, and Congress’s statement that it was only affirming established law to be “contrary to basic principles of legislative interpretation that require Congressional enactments to be given independent meaning” (see May 16, 2012). [MEMORANDUM OPINION & ORDER: Hedges et al v. Obama 12 Civ. 331 (KBF) affirming preliminary injunction and scope, 6/6/2012]

Entity Tags: US Department of Justice, Katherine B. Forrest, Carl Levin, United States District Court, New York, Southern Division, National Defense Authorization Act of 2012

Timeline Tags: Civil Liberties

Former Senator Russ Feingold (D-WI) writes an article for the Stanford Law Review discussing the dominance of “big money” in the nation’s elections in the wake of the 2010 Citizens United decision (see January 21, 2010), documenting his belief that the rise in small-donor contributions that put Democrats in office in 2006 and 2008 led to the Citizens United backlash, and calling for sweeping campaign finance reform. Feingold writes, “Without a significant change in how our campaign finance system regulates the influence of corporations, the American election process, and even the Supreme Court itself, face a more durable, long-term crisis of legitimacy.” Feingold heads Progressives United, an advocacy group that pushes for the overturning of the Citizens United decision and campaign finance legislation.
Background - Feingold gives the background of campaign finance reform in America: the 1907 Tillman Act which banned corporations from spending their money in elections (see 1907), which he says was spurred by the realization that “corporate influence corrupts elections”; the Taft-Hartley Act of 1947, which extended the Tillman ban to labor unions (see June 23, 1947); and more recent legislation, including the Bipartisan Campaign Reform Act of 2002 (BCRA—see March 27, 2002), which Feingold co-authored with Senator John McCain (R-AZ). “And for several election cycles, between 2004 and 2008, our system seemed headed towards more fair and transparent elections,” he writes. “But Citizens United changed everything.” The “road to corruption” in modern elections, he says, began when Democrats in the early 1990s began exploiting a loophole in finance regulation that allowed the creation of “soft money” groups (see January 8, 1980, November 28, 1984, December 15, 1986, and December 10, 2003) that allowed parties to solicit unlimited amounts of donations from corporations, labor unions, and individuals. “This system was corrupting,” Feingold writes. “Senators would solicit gigantic, unregulated contributions from the same corporations that had legislation pending on the Senate floor. Both parties were guilty.” The BCRA plugged the “soft money” loophole. Even as the BCRA began to reform campaign finance practices, Feingold writes, “the same corporate interests that fought McCain-Feingold set to work to dismantle it. In what was clearly an orchestrated effort by opponents of campaign reform (see January 25, 2010), a group called Citizens United produced a movie savaging the record of then-Senator Clinton (see January 10-16, 2008). Ostensibly intended to educate the public about conservative concerns regarding Clinton’s run for the presidency, the film was little more than a legal vehicle to challenge some of the common-sense restrictions enacted by the BCRA (see January 10-16, 2008, March 24, 2008, March 15, 2009, June 29, 2009, and September 9, 2009). Specifically, the creators of the film sought to challenge the BCRA’s requirement that electioneering communications—commonly known as ‘phony issue ads’ that attack a candidate in the days before the election, but don’t explicitly advocate voting for or against that candidate—be subject to the same disclosure requirements and contribution limits as other campaign ads.” The case was argued on narrow grounds about a specific provision of the BCRA, but the Court’s conservative justices, led by Chief Justice John Roberts, “manipulated the Court’s process to achieve that result” (see May 14, 2012). Justice John Paul Stevens wrote in his dissent to the majority opinion, “[F]ive justices were unhappy with the limited nature of the case before us, so they changed the case to give themselves an opportunity to change the law.” The ruling, Feingold writes, “created a framework for corruption parallel to ‘soft money.’” Instead of “soft money” organizations, Citizens United led to the creation of the “super PAC” (see March 26, 2010, June 23, 2011, November 23, 2011, January 4, 2012, January 4, 2012, January 13, 2012, and February 20, 2012). It has also called into doubt the legitimacy of US elections themselves, due to the “increasing skepticism about the campaign finance system.” Many voters now believe “that the average participant’s small contribution is irrelevant, and that the average person’s vote is grossly outweighed by the gigantic contributions now allowed.”
Internet Politics and Small-Donor Contributions - In part due to the BCRA, Feingold writes, “[f]or three election cycles, in 2004, 2006, and 2008, our system of campaign financing began to take shape in a way that channeled citizen participation and provided incentive for candidates to turn to the democratic support of online activists and small-dollar contributors.” He cites the 2004 presidential campaign of Howard Dean (D-VT), who went on to chair the Democratic National Committee (DNC), as the first powerful instance of “online organizing,” using the Internet to garner millions of dollars in small donations from individual citizens. In 2008, the presidential campaign of Barack Obama (D-IL) pushed the Dean innovation even further. The Obama campaign “raised a historic amount in small-dollar contributions,” Feingold writes, and created an online platform to engage supporters. All told, the Obama campaign raised $500 million online.
An Ineffective FEC - By 2008, he writes, the Federal Election Commission (FEC) was completely impotent. The agency “has been fatally flawed since the time of its creation—any administrative law professor will point out that a law enforcement commission with an even number of commissioners [six] is probably designed specifically not to enforce the law at all,” he writes. By 2008, the FEC only had two seated commissioners, and in effect was not enforcing campaign laws whatsoever. Even after eventually receiving a full complement of commissioners, he writes, the agency “remains ineffective, as even Democratic violators go unpunished as conservative commissioners remain unwilling, philosophically, to enforce any campaign finance law.”
2012: Corporations Trump Citizens - In 2012, corporate contributions far outweigh small-dollar donations by individuals. “[T]he most prominent actors in the 2012 election cycle are unnamed corporations and a small group of influential—primarily conservative—billionaires.” Seventy percent of registered voters think super PACs should be illegal, according to polls, and the favorability rating of the Court has dropped a significant amount. Overall, Feingold writes, the public is firmly against the Citizens United paradigm of campaign finance. He advocates strong legislation from Congress, fixing the “broken system of presidential public financing,” and replacing the “dysfunctional” FEC “with a true enforcement agency.” The ultimate repair of campaign finance lies with the Court, he says, noting that the Court has a chance to do some early repair with the Montana case it is now considering (see June 25, 2012). Regardless of what the Court does or does not do in the Montana case, he concludes, “[t]oday’s framework for corruption cannot stand.” [Stanford Law Review, 6/14/2012]

Entity Tags: Howard Dean, Bipartisan Campaign Reform Act of 2002, Barack Obama, Citizens United, Hillary Clinton, Russell D. Feingold, Federal Election Commission, John McCain, John G. Roberts, Jr, Stanford Law Review, John Paul Stevens

Timeline Tags: Civil Liberties

Accused Aurora gunman James Holmes looks on during a recent court hearing regarding his alleged crimes. At some point, Holmes dyed his hair, allegedly to more closely resemble ‘The Joker,’ a villain in the Batman movies.Accused Aurora gunman James Holmes looks on during a recent court hearing regarding his alleged crimes. At some point, Holmes dyed his hair, allegedly to more closely resemble ‘The Joker,’ a villain in the Batman movies. [Source: Reason (.com)]The New American, the official publication of the right-wing John Birch Society (JBS—see March 10, 1961, November 1963, April 13, 2009, December 11, 2009, April 26, 2010, and December 2011), promotes a theory from an Internet publication that the recent massacre by a lone gunman in a Colorado movie theater was orchestrated by the Obama administration or its surrogates as a way to impose gun control laws. Writer Bob Adelmann admits the conspiracy theory is merely “conjecture.” The theory comes from the Natural News Network (NNN), which describes itself as a “non-profit collection of public education Web sites.” NNN is incorporated by Truth Publishing International, a Taiwan corporation. The article is titled “Colorado Batman shooting shows obvious signs of being staged,” referencing the film being shown in the theater, The Dark Knight Rises, the third in the “Batman trilogy” by Christopher Nolan. Adelmann introduces the NNN conspiracy theory by reporting that a Forbes magazine article says the US may ratify a United Nations arms treaty that would regulate the international trade in conventional weapons. Adelmann says the UN treaty poses “a formidable threat” to gun ownership in the US. He then introduces the NNN theory as posited by NNN writer Mike Adams. [Forbes, 6/7/2011; New American, 7/23/2012; Samuel Warde, 7/30/2012]
Brainwashed Obama Operative? - The shooter, James Eagan Holmes, fired multiple bursts of gunfire in the Aurora, Colorado, theater, but then surrendered to the police without offering any resistance. Adams says his peaceful surrender was inconsistent with Holmes’s apparent desire to “kill everyone.” Adams also finds it curious that Holmes told police his apartment was booby-trapped with explosives. Someone truly wishing to kill many people would not have told police about the bombs. “It doesn’t add up,” Adams says. Holmes’s character as reported by neighbors and friends—quiet, shy, obsessed with video games—does not correlate with the picture of a maddened gunman, he continues. Moreover, Holmes must have had help from somewhere—he was living on unemployment insurance, Adams contends, yet owned thousands of dollars’ worth of weaponry, ammunition, explosives, and SWAT gear. “Where did that come from?” Adams’s answer: Obama administration operatives or someone else doing the administration’s bidding by launching a “false flag” attack. In fact, Adams writes: “There is already conjecture that James Holmes may have been involved in mind-altering neuroscience research and ended up becoming involved at a depth he never anticipated. His actions clearly show a strange detachment from reality, indicating he was not in his right mind. That can only typically be accomplished through drugs, hypnosis, or trauma (and sometimes all three).” Adams continues: “Someone else taught this guy these skills and funded the acquisition of the equipment.… This is somebody who was selected for a mission, given equipment to carry it out, then somehow brainwashed into getting it done. This is not your run-of-the-mill crime of passion. It was a carefully planned, heavily funded, and technically advanced attack.” Adams concludes that Holmes completed his “mission” and then surrendered, “admitting everything” to police. “The mission, as we are now learning, was to cause as much terror and mayhem as possible, then to have that multiplied by the national media at exactly the right time leading up the UN vote next week on a global small arms treaty that could result in gun confiscation across America.” The FBI has carried out “numerous” missions such as this one, Adams contends, though its history until now is to stop the attacks before they reach the point of violence. Adams also compares the Holmes massacre to the “Fast and Furious” operation conducted by Arizona police officers and the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF), which has become a popular topic of discussion on the right as another Obama conspiracy theory. Adams concludes: “In other words, this has all the signs of Fast & Furious, Episode II. I wouldn’t be surprised to discover someone in Washington was behind it all. After all, there’s no quicker way to disarm a nation and take total control over the population than to stage violence, blame it on firearms, then call for leaders to ‘do something!’ Such calls inevitably end up resulting in gun confiscation, and it’s never too long after that before government genocide really kicks in like we saw with Hitler (see March 13, 2008 and November 11, 2008), Stalin (see October 13, 2009), Pol Pot (see December 17, 2009 and April 27, 2011), Mao (see January 2009), and other tyrants.” [Natural News Network, 7/20/2012]
JBS: Attack's Timing with UN Treaty Signing More than Coincidental - Adelmann admits the theory is “strictly conjectural at this point,” but observes that “the timing of the shootings coinciding with the final details of the UN Arms Trade Treaty (ATT) being polished up in New York by Secretary of State Hillary Clinton.” The timing must be more than coincidental, Adelmann writes. According to Adelmann, if the US signs the arms treaty, it would have to abide by strict licensing requirements; confiscate untold numbers of citizen-owned weaponry; ban the trade, sale, and private ownership of all weapons; create an international gun registry (which would, Adelmann warns, open the door “for full-scale gun confiscation”); and finally, “[o]verride our national sovereignty, and in the process, provide license for the federal government to assert preemptive powers over state regulatory powers guaranteed by the Ten Amendments in addition to our Second Amendment rights.” The UN treaty would not apply to US citizens, experts note, but Adelmann and others do not believe that assertion. John Bolton, the former UN ambassador and chief political advisor to the Romney presidential campaign, is one of those: he says that while the UN “is trying to act as though this is just a treaty about international arms trade among nation states, but there is no doubt that the real agenda here is domestic firearms control.” Adelmann says the UN treaty is the next step in the Obama administration’s creation of an “authoritarian dictatorship” and ultimate plans for domestic genocide, or what he calls “democide.” He concludes: “That is the nightmare that faces American citizens if in their haste to rid the world of shooters such as Holmes they allow the United Nations to do the job for them. The end result will be immeasurably, horrifyingly, worse.” [Forbes, 6/7/2011; New American, 7/23/2012]
More Coverage - Other right-wing outlets also pick up Adams’s conspiracy theory, including Gun Owners of America (GOA), whose president Larry Pratt issues a press release promoting the theory and offering himself for interviews about the theory and about the Obama administration’s purported intent to ban gun ownership in America. [Special Guests, 7/2012; Samuel Warde, 7/30/2012]
Treaty Not Passed - The media later reports that the US is refusing to go along with the treaty as it is currently written. [CBS News, 7/30/2012]

Entity Tags: Bob Adelmann, John R. Bolton, Gun Owners of America, John Birch Society, Hillary Clinton, James Eagan Holmes, United Nations, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Larry Pratt, Mike Adams, Natural News Network, Obama administration, Truth Publishing International

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

An artist’s rendition of Adel Abdel Bary tearing up in court.An artist’s rendition of Adel Abdel Bary tearing up in court. [Source: Reuters]Adel Abdel Bary is sentenced to 25 years in prison after pleading guilty to several terror-related counts, including making bomb threats and conspiring to kill American citizens overseas. Bary is the father of Abdel-Majed Abdel Bary, a suspected Islamic State of Iraq (ISIS) militant, originally one of three people thought to be the infamous “Jihadi John” who beheaded journalist James Foley in August 2014. (Authorities will later determine “Jihadi John” to be Briton Mohammed Emwazi.) Adel Abdel Bary admits to being an al-Qaeda spokesman following the bombings of the US embassies in Kenya and Tanzania in 1998 (see 10:35-10:39 a.m., August 7, 1998). Anas al-Liby and Khalid al-Fawwaz, also accused of being al-Qaeda operatives, were set to appear alongside Adel Abdel Bary in New York in two months’ time. Al-Liby and Fawwaz have pleaded not guilty to their terror charges. [Independent, 9/20/2014; US Department of Justice, 2/6/2015; Washington Post, 2/26/2015]

Entity Tags: Khalid al-Fawwaz, Adel Abdel Bary, Anas al-Liby

Timeline Tags: Complete 911 Timeline

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