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The Senate launches an investigation into what a minority (Democratic) report calls “an audacious plan to pour millions of dollars in contributions into Republican campaigns nationwide without disclosing the amount or source” in order to evade campaign finance laws. A shell corporation, Triad Management, is found to have paid more than $3 million for attack ads in 26 House races and three Senate races. More than half of the advertising money came from an obscure nonprofit group, the Economic Education Trust. The Senate minority report finds that “the trust was financed in whole or in part by Charles and David Koch of Wichita, Kansas” (see August 30, 2010). Many in the investigation believe that the Koch brothers paid for the attack ads, most of which aired in states where Koch Industries does business. The brothers refuse to confirm or deny their involvement to reporters. In 1998, the Wall Street Journal will confirm that a consultant on the Kochs’ payroll had been involved in the scheme. Charles Lewis of the Center for Public Integrity will describe the scandal as “historic,” explaining: “Triad was the first time a major corporation used a cutout (a front operation) in a threatening way. Koch Industries was the poster child of a company run amok.” [New Yorker, 8/30/2010]

Entity Tags: Charles Lewis, Charles Koch, Triad Management, David Koch, Economic Education Trust

Timeline Tags: Civil Liberties, Domestic Propaganda, Elections Before 2000

Conservative radio talk show host Laura Ingraham, who also serves as a political analyst for CBS and MSNBC, publishes an essay in the Washington Post apologizing for her intolerance of homosexuals and claiming to have recanted her views. Ingraham, who won a reputation as a “gay-basher” while writing and editing the conservative Dartmouth Review in her undergraduate days (see 1984), writes that she realized gays are worthy of respect after her brother, Curtis Ingraham, came out as openly gay. Ingraham writes that she witnessed the struggles her brother and his late partner went through in coping with AIDS, writing of their “dignity, fidelity, and courage.” She writes that until her brother’s ordeal, she didn’t understand the urgency for AIDS funding, the problems gay couples face with insurance and the emotional strain of continuing discrimination, and concludes by noting that she regrets her earlier “callous rhetoric.” Jeffrey Hart, the Review’s faculty adviser, responds to Ingraham’s essay with an angry note to the conservative Weekly Standard challenging Ingraham’s choice of bringing the Review into what he calls her “phony political confession”; Hart writes that Ingraham held “the most extreme anti-homosexual views imaginable,” more so than any other staffer. He says she went so far as to avoid a local eatery where she feared the waiters were homosexual and might touch her silverware or spit on her food, exposing her to AIDS. Time columnist Margaret Carlson writes of Ingraham’s apparent conversion, “[D]oesn’t a commentator have a responsibility to find out about such things before venturing an opinion, even if it means looking outside your own tribe?” [Time, 4/21/1997] In 2009, the Gay and Lesbian Alliance against Defamation (GLAAD) will list Ingraham as one of the media’s worst anti-gay defamers of 2008, noting her repeated attacks on gays from her post as a Fox News contributor. [Out and About, 1/7/2009]

Entity Tags: Laura Ingraham, Curtis Ingraham, Dartmouth Review, Jeffrey Hart, Margaret Carlson, Gay and Lesbian Alliance against Defamation

Timeline Tags: Domestic Propaganda

Part of the ‘voter purge’ lists that illegally disenfranchised thousands of Florida voters.Part of the ‘voter purge’ lists that illegally disenfranchised thousands of Florida voters. [Source: Salon]Soon after Jeb Bush (R-FL) becomes governor of Florida minority voters are increasingly purged from the Florida voting rolls. In his unsuccessful 1994 run for governor, Bush had won the animus of African-American voters by showing a lack of interest in their concerns; during one debate, when asked what he would do for Florida’s black community, he answered, “Probably nothing.” He avoided such comments in his 1998 campaign, and won the election though he secured only 10 percent of the black vote. In his first year as governor, Bush eliminates many affirmative action programs and replaces them with what he calls the “One Florida Initiative,” which in effect grants state contracts almost exclusively to white male business owners. Black legislators, led by Democratic State Senator Kendrick Meek among others and joined by the NAACP, decide that they will mount a voter registration drive—“We’ll Remember in November”—to defeat Governor Bush and his allies, and to challenge Bush’s brother, Texas Governor George W. Bush, in his drive to the presidency (see 9:54 p.m. December 12, 2000). Veteran civil rights leader Elmore Bryant later says, “We didn’t need George W. doing to the whole nation what Jeb was doing to Florida.” Some Florida NAACP officials have a nickname for the governor: “Jeb Crow.” Black voters begin registering in unprecedented numbers.
Removing Black 'Felons' from the Rolls, Keeping Other Blacks Off - Bush and his allies decide to begin focusing on convicted felons (see June 24, 1974), pivoting off of a 1997 discovery that 105 convicted felons had illegally voted in a Miami mayoral election. Under Florida law, convicted felons are ineligible to vote. Seventy-one percent of convicted felons found on county voting rolls are registered Democrats, and the majority of those are black. Bush and the Republican-led Florida legislature pushes through a sweeping voter fraud bill opposed by almost every county elections supervisor in Florida. It mandates the strict enforcement of an obsolete 1868 law that took the vote away from all former prisoners who had not received clemency from the governor’s office no matter what their crimes or their circumstances. Only 14 states do not automatically restore a convicted citizen’s civil rights upon the completion of their prison sentence; Florida is one of those states. Florida’s population is only 15 percent black, but its prison population is 54 percent black—a huge disproportion. Convicted felons who ask for clemency usually are denied such clemency, no matter how much they had managed to clean up their lives—by 2000, less than 0.5 percent of former prisoners have regained their rights to vote. Meek later says that he has helped 175 former felons apply for clemency; only nine, he will say, succeed in regaining their voting rights. 17 percent of Florida’s black voting-age males are disenfranchised as of 2000. Florida leads the nation in its number of disenfranchised voters. Moreover, Florida leads the nation in charging juveniles with felonies, thusly depriving young citizens of their rights to vote even before they are old enough to exercise them. Democratic State Senator Daryl Jones says: “And every year the Florida legislature is trying to make more crimes felonies. Why? So they can eliminate more people from the voter rolls.… It’s been going on in Tallahassee for years.” By April 1998, as Jeb Bush’s campaign for governor is in full swing, the legislature mandated a statewide push to “purge” voter rolls of a wide variety of ineligible voters—those who have moved and registered in a different county or state, those considered mentally unstable, those who are deceased, and most significantly, convicted felons who have not had their rights restored. Voters such as Willie David Whiting, a Tallahassee pastor who has never been convicted of a crime, testified that they were denied their rights to vote because the lists conflated him with felon Willie J. Whiting. The purge list parameters considered him a “derived,” or approximate, match (see November 7, 2000). Whiting had to threaten to bring his lawyer to the precinct before being allowed to vote. “I felt like I was slingshotted back into slavery,” he testified. He tried to understand why he and so many others were denied their right to vote. “Does someone have a formula for stealing this election?” he says he asked himself. Overall, the new purge lists are hugely disproportionate in including black citizens. Hillsborough County’s voting population is 15 percent black, but 54 percent of its purged voters are black. Miami-Dade County’s voting population is 20 percent black, but 66 percent of its purged voters are black. Leon County’s voting population is 29 percent black, but 55 percent of its purged voters are black (see Early Afternoon, November 7, 2000).
Privatizing the Purge - The legislature contracts out the task of providing a “purge list” to a Tallahassee firm, Professional Analytical Services and Systems, using state databases. The results are riddled with errors that would cost huge numbers of Florida voters their right to vote. In August 1998. Ethel Baxter, the Director of the Florida Division of Elections, orders county elections supervisors not to release the list to the press in order to keep the list from generating negative publicity. Instead, the state awards a second contract, this time to Boca Raton’s Database Technologies (DBT). (DBT later merges with ChoicePoint, an Atlanta firm.) DBT produces two separate lists, one in 1999 and another in 2000, that included a total of 174,583 alleged felons. Later, a small number of convicts who had been granted clemency are removed from the list. The majority of the people on the lists were black, and presumably Democrats. DBT employees referred to the people on the list as “dirtbags,” among other epithets. When citizens begin learning that they are on the lists, and begin filing complaints, DBT product manager Marlene Thorogood expresses surprise. In an email, she says, “There are just some people that feel when you mess with their ‘right to vote’ your [sic] messing with their life.” By late 1999, it becomes apparent that the DBT lists are as riddled with errors as the first lists. Thousands of Florida citizens who had never been convicted of felonies, and in many cases no crimes at all, are on the lists. Some people’s conviction dates were given as being in the future. Angry complaints by the thousands inundated county elections supervisors, who in turn complain to Tallahassee.
Handling the Complaints - The person designated to compile the list is Emmett “Bucky” Mitchell IV, an assistant general counsel to the Florida Division of Elections. Mitchell, who is later promoted to a senior position in the Department of Education a week after the November 2000 elections, claims he tries to “err on the side of caution” in listing voters to be purged. But testimony and statements from county supervisors, state officials, DBT employees, and others paint a different picture. When warned in March 1999 of the likelihood of tens of thousands of “false positives”—names that should not be on the list but are because of similarities in names, birth dates, Social Security numbers, and the like—Mitchell tells Thorogood that the primary purpose of the lists is to include as many people as possible, false positives or not. It is the job of the county supervisors, he says, to weed out the legitimate voters from the lists. When told by DBT personnel that loose parameters for the names were causing an inordinate number of false positives, Mitchell, as directed by senior government officials, actually loosens the parameters instead of tightening them, ensuring tens of thousands more names on the list, and resultingly more false positives. DBT also includes names of convicted felons from other states in making up its lists, though 36 states automatically restore their prisoners’ rights upon completion of sentences. Thusly, over 2,000 residents of other states who had served their sentences, had their rights restored, and moved to Florida now find their voting rights illegally stripped by the purge list. In May 2000, some 8,000 names, mostly those of former Texas prisoners included on a DBT list, are found to have never committed anything more than a misdemeanor. Their names are eventually removed from the lists. (Subsequent investigations find that at least one of the Texas lists came from a company headed by a heavy Republican and Bush campaign donor.) Mitchell later admits that other such lists, equally erroneous, are incorporated into the purge lists, and those names are not removed. Before the 2000 elections, an appeals process is instituted, but it is tortuously slow and inefficient. Civil Rights Commission attorney Bernard Quarterman says in February 2001 that the people who filed appeals are, in essence, “guilty until proven innocent.” In its contract, DBT promises to check every name on the list before including it by both mail and telephone verifications, but it does not, and later contracts omit that procedure. Asked by Nation reporter John Lantigua about concerns with the lists, Mitchell dismisses them, saying: “Just as some people might have been removed from the list who shouldn’t have been, some voted who shouldn’t have.” Lantigua writes: “In other words, because an ineligible person may have voted somewhere else, it was acceptable to deny a legitimate voter the right to vote.” Mitchell verifies that he himself did not set the loose parameters for the lists, but that they came from Baxter in consultation with Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After).
County Supervisors Battle the Lists - Some county elections supervisors work diligently to comb through their lists and restore legitimate citizens’ voting rights. Leon County Elections Supervisor Ion Sancho testifies after the elections, “Our experience with the lists is that they are frequently erroneous.” He tells the Civil Rights Commission that he received one list with 690 names on it; after detailed checking by himself and his staff, 657 of those names were removed. Mitchell actually tells elections supervisors not to bother with such checks. Linda Howell, the elections supervisor for Madison County, later says: “Mr. Mitchell said we shouldn’t call people on the phone, we should send letters. The best and fastest way to check these matters was by phone, personal contact, but he didn’t want that.… We shouldn’t have had to do any of this. Elections supervisors are not investigators, and we don’t have investigators. It wasn’t our responsibility at all.” The process for unfairly purged voters to clear their names is slow and inefficient, and the backlog of voters waiting to have their names cleared by the Office of Executive Clemency was anywhere from six months to a year in duration. [Tapper, 3/2001; Nation, 4/24/2001]
Subsequent Investigation - A later investigation by the progressive news magazine The Nation will document widespread voter disenfranchisement efforts in Florida (see April 24, 2001).

Entity Tags: Professional Analytical Services and Systems, National Association for the Advancement of Colored People, Willie D. Whiting, Marlene Thorogood, US Commission on Civil Rights, Kendrick Meek, Katherine Harris, Bernard Quarterman, County of Hillsborough (Florida), ChoicePoint, County of Miami-Dade (Florida), Daryl Jones, John Lantigua, Database Technologies, Elmore Bryant, Ethel Baxter, John Ellis (“Jeb”) Bush, Emmett (“Bucky”) Mitchell, Ion Sancho, Florida Division of Elections, George W. Bush

Timeline Tags: 2000 Elections, Civil Liberties

David Bossie.David Bossie. [Source: C-SPAN]David Bossie, an investigator for Representative Dan Burton (R-IN), is fired from his position. Bossie recently leaked transcripts of prison conversations featuring former Clinton administration official Webster Hubbell, who will be convicted of defrauding clients and sentenced to prison in 2004. Bossie fraudulently edited the transcripts to have Hubbell imply that First Lady Hillary Clinton broke the law while the two worked together in an Arkansas law firm. Bossie cut out portions of Hubbell’s conversations exonerating her from any wrongdoing, and sometimes rewrote Hubbell’s words entirely. In response to the controversy, House Speaker Newt Gingrich (R-GA) says of Burton and the House Committee on Oversight and Government Reform, “I’m embarrassed for you, I’m embarrassed for myself, and I’m embarrassed for the [House Republican] conference at the circus that went on at your committee.” (In late April, Burton had called President Clinton a “scumbag,” further embarrassing Gingrich and the Republican leadership.) Bossie came to Burton’s staff from Citizens United (CU), which he joined in 1994 and soon rose to become director of government relations and communications. In 1988, as a member of Floyd Brown’s Presidential Victory Committee (PVC), Bossie helped produce the infamous Willie Horton ad (see September 21 - October 4, 1988). In 1992, as executive director of the PVC, Bossie oversaw the release of a fundraising letter accusing then-presidential candidate Bill Clinton of having an affair with an Arkansas woman, for use in an ad that falsely suggested it was the product of President Bush’s re-election campaign. Then-President Bush accused the PVC of engaging in “filthy campaign tactics,” and his son and campaign aide George W. Bush sent a letter asking donors not to give to the organization. Bossie has encouraged Burton to open an investigation into the suicide of Clinton administration aide Vince Foster (alleging that Foster was murdered as part of some unspecified White House plot, or perhaps an Israeli intelligence “black op”). While an aide to Senator Lauch Faircloth (R-NC), Bossie was found to have tried to intimidate a federal judge during a Whitewater-related investigation. Bossie has earned a reputation as a “Whitewater stalker,” combing Arkansas for “evidence” of crimes by the Clintons, and repeatedly making false and lurid allegations against the president and/or his wife. For a year, Bossie has promised that Burton’s committee would soon produce evidence of Chinese espionage and White House collusion, but any evidence of such a scandal has never been produced. A former lawyer for the Oversight Committee, John Rowley, has called Bossie’s actions “unrelenting self-promoti[on]” and challenged Bossie’s competence. Bossie says his transcripts were accurate (though the tapes of Hubbell’s conversations prove he is wrong), and blames committee Democrats for the controversy. [WorldNetDaily, 5/7/1998; Salon, 5/7/1998; Media Matters, 5/11/2004] WorldNetDaily reporter David Bresnahan writes that according to his sources, Bossie “was either extremely incompetent or was intentionally trying to sabotage” Burton’s investigations into the Clinton administration. Bresnahan also says that Burton allowed Bossie to resign instead of firing him, as other media sources report. [WorldNetDaily, 5/7/1998]

Entity Tags: Floyd Brown, David Bresnahan, Dan Burton, Clinton administration, Citizens United, William Jefferson (“Bill”) Clinton, Webster Hubbell, Presidential Victory Committee, David Bossie, House Committee on Oversight and Government Reform, John Rowley, Hillary Clinton, Newt Gingrich, George W. Bush, Vince Foster

Timeline Tags: Civil Liberties

David Horowitz, in a 2009 appearance on Fox News.David Horowitz, in a 2009 appearance on Fox News. [Source: Fox News]Conservative pundit and author David Horowitz attacks the NAACP’s advocacy of restrictions on gun ownership. Horowitz writes an op-ed for the Internet magazine Salon in response to NAACP president Kwesi Mfume’s announcement that his organization would file a lawsuit to force gun manufacturers “to distribute their product responsibly.” Mfume noted that gun violence kills young black males at a rate almost five times higher than that of young white males, and in a press release, noted, “Firearm homicide has been the leading cause of death among young African-American males for nearly 30 years.” Horowitz calls the NAACP’s lawsuit “an absurd act of political desperation by the civil rights establishment,” and asks: “What’s next? Will Irish-Americans sue whiskey distillers, or Jews the gas company?” It is young black males themselves who bear the responsibility for the disparate number of gun-related deaths among their number, Horowitz writes, and nothing more; the NAACP is itself “racist” for claiming otherwise. “Unfortunately, as a nation we have become so trapped in the melodrama of black victimization and white oppression that we are in danger of losing all sense of proportion,” he writes, and says that the idea of any African-American oppression in America is nothing more than “a politically inspired group psychosis,” inspired by “demagogic race hustlers” and “racial ambulance chasers” such as Mfume, other civil rights leaders, including Jesse Jackson and the Reverend Al Sharpton, and other organizations such as Amnesty International. Horowitz extends his argument to claim that “race baiting” by civil rights organizations, liberals, and Democrats is a tactic being used to defeat Republican presidential candidate George W. Bush (R-TX). The left is threatened by Bush’s “outreach to minority communities and by his support among blacks,” he writes, and asks, “Is there a vast left-wing conspiracy that sees Bush’s black support as a political threat?” Black males, Horowitz writes, die in disproportionately higher numbers because they commit a disproportionately high number of violent crimes; they do so, he writes, because they are predisposed, either by genetics or culturally, to commit violent crimes. Any other explanation, he writes, is to embrace what he calls “institutional racism” that makes excuses and blames whites for the suffering and oppression blacks apparently inflict upon themselves. African-Americans would do well, Horowitz writes, to abandon their support of “patronizing white liberals” and embrace conservative leadership offered by such figures as Bush and New York City mayor Rudolph Giuliani. However, he concludes, that “would mean abandoning the ludicrous claim that white America and firearms manufacturers are the cause of the problems afflicting African-Americans. It would mean taking responsibility for their own communities instead.” [Salon, 8/16/1998] In response, Time national correspondent Jack E. White labels Horowitz a “real, live bigot.” White calls Horowitz’s column “a blanket assault on the alleged moral failures of African-Americans so strident and accusatory that it made the anti-black rantings of Dinesh D’Souza (see March 15, 1982 and June 5, 2004) seem like models of fair-minded social analysis.” White asks: “Is he really unaware of concerted attempts by African-American civil rights leaders, clergymen, educators, and elected officials to persuade young black men and women to take more responsibility for their actions? Just two weeks ago, at the National Urban League convention in Houston, I heard Jesse Jackson preach a passionate sermon on that theme. In fact, he and other black leaders have been dwelling on such issues for years.” [Time, 8/30/1998]

Entity Tags: Jack E. White, David Horowitz, Kwesi Mfume, National Association for the Advancement of Colored People

Timeline Tags: Domestic Propaganda

Around 10,000 people attend the “Center for Preparedness Expo” in Denver to prepare for the imminent “Y2K” collapse of society warned of by many white separatists and “Patriot” movement members (see October 20, 1999 and February 4, 1999). The expo has traveled the country, including a stop in Philadelphia in June. Promoter Dan Chittock says the show offers “practical information for the uncertain times we live in,” but Mark Potok of the Southern Poverty Law Center says the expo features what he calls “a queer mix of people interested in organic farming and political extremism.” Visitors can buy anything from radiation detectors, tents, and survival rations to guides on avoiding income taxes and making their own license plates to avoid paying licensing fees for their vehicles. Lectures are offered with such titles as “Trapping Techniques for Self-Reliance and Survival,” “Don’t Get Caught With Your Pantry Down,” and “Save Your Life, Be Your Own Doctor.” Three seminars are about life under martial law. Previous expos have featured speakers such as militia leader Bo Gritz, who has spoken about coming plagues, imminent food shortages, and how President Clinton has sold out America. Stephen O’Leary, a University of Southern California professor who studies beliefs about the millennium, says that the expos have become recruitment centers for anti-government, survivalist militia groups who often hold racist and anti-Semitic views. “It’s not just about preparing for an emergency or disaster,” he says. “What they’re selling is a whole world view—a program for the apocalypse.” Potok, who has attended previous expos, says “it’s not unusual to see booths for the John Birch Society (see March 10, 1961 and December 2011) and the Montana Militia next to a granola salesman.” The radical right, Potok says, is using fears of the upcoming millennium—“Y2K”—to fuel hysteria about what they say is the imminent declaration of martial law by the federal government and the eradication of constitutional liberties. Chittock calls such concerns “nonsense.” Barry Morrison of the Anti-Defamation League says of the expos: “What we’re concerned about is that some people take the position that the government is not to be trusted. Some of these exhibitors… portray people like Jews in an unfavorable light and as having undue control over their lives.” Morrison says anti-Semitic tracts espousing “Christian Identity” ideology (see 1960s and After) have appeared at previous expos. He also says Gritz’s Liberty Lobby is “the most influential anti-Semitic propaganda organization in America today.” He adds: “I’m not saying everyone [at the expos] is an extremist or subscribes to those views, but this is a vehicle that attracts that element. It’s part of the mix.” [Philadelphia Inquirer, 6/11/1999; Southern Poverty Law Center, 6/2001]

Entity Tags: Stephen O’Leary, Montana Militia, Dan Chittock, John Birch Society, Barry Morrison, Mark Potok, James (“Bo”) Gritz

Timeline Tags: US Domestic Terrorism

A number of political action committees, or PACs (see 1944, February 7, 1972, 1975, and November 28, 1984), created by “independent” organizations inform the Federal Election Commission (FEC) that they will not disclose the names of donors or amounts of funds raised, because they are not expressly advocating for or against any individual candidate. These PACs become known as “527 groups,” based on Section 527 of the federal tax code. Congress soon passes a disclosure mandate forcing PACs to reveal their donors and information about their fundraising and expenditures (see June 30, 2000). By 2005, many PACs begin registering themselves as 501(c)4 “advocacy nonprofit” organizations. Under the law, such groups can only conduct certain “political advocacy” activities, but in return do not have to disclose their contributors or information about their financing. [National Public Radio, 2012]

Entity Tags: US Congress, Federal Election Commission

Timeline Tags: Civil Liberties

Sam Wyly.Sam Wyly. [Source: Forbes]A group called “Republicans for Clean Air” begins running ads attacking Republican presidential candidate John McCain in New York. The ads accuse McCain of voting against alternative energy sources. At the same time, ads paid for by the campaign of Republican presidential candidate George W. Bush accuse McCain of labeling breast cancer programs as wasteful. Governor George Pataki (R-NY) accuses McCain of voting “anti-New York” in the Senate, while Representative John Sweeney (R-NY) says McCain was wrong to vote for raising heating oil taxes, a major issue in cold-weather states such as New York. [Salon, 3/2/2000] The group also runs ads in primary states claiming that Bush, as Texas governor, passed laws intended to reduce air pollution in Texas by over a quarter-million tons a year. The evidence does not support the claim; what few anti-pollution laws have taken effect in Texas were written mostly by Democratic state legislators and signed into law, often reluctantly, by Bush.
RFCA Consists of Two Texas Billionaires - An investigation by the New York Times soon proves that “Republicans for Clean Air” (RFCA) is funded by Dallas billionaire Sam Wyly, a Bush supporter, who has contributed $2.5 million to the group. Wyly and his brother Charles Wyly, also a RFCA contributor, are the co-founders of Sterling Software in Dallas. They are also owners, founders, or executives in firms that own Bonanza Steakhouse, the “Michael’s” chain of arts and craft stores, the hedge fund Maverick Capital, and more. Both are heavy Bush campaign donors, having donated over $210,000 to the Bush gubernatorial campaigns. They are apparently the only two members of the RFCA. Craig McDonald of Texans for Public Justice says of Sam Wyly: “He’s one of the elite. He’s one of the movers and shakers. He’s very big money in the state.” McCain’s campaign accuses the Bush campaign of being responsible for the advertising, and says the Bush campaign is trying to evade campaign finance laws (see February 7, 1972 and May 11, 1992). The McCain campaign complains that the Bush campaign is using unethical and possibly illegal campaign tactics to “steal” the primary election by saturating New York, California, and Ohio with anti-McCain ads just days before the primary elections in those critical states. “There is no question in our campaign’s mind that the ads are being sponsored, coordinated, and managed by the George Bush for President campaign,” says McCain’s campaign manager Rick Davis. “I think it’s incumbent on the Bush campaign to prove somehow that they are not involved in this incredible act.” Davis has no direct evidence for his claim, but cites what the Times calls “a tangle of personal, business, and political relationships between Mr. Wyly and his family and the Bush campaign to suggest that their interests were so close as to be indistinguishable.” One of those relationships cited by Davis is the fact that RFCA uses the same public relations firm, Multi Media Services Corporation, as Pataki, who chairs the Bush campaign in New York and who appears in Bush campaign ads. Bush himself denies any connection with RFCA, and says: “There is no coordination.… I had no idea the ad was going to run.” Wyly also disclaims any coordination with the Bush campaign. He says he laughed during the production of the commercials, and mused over how “surprised” the Bush campaign would be to see them on the airwaves. McCain uses the ads to draw attention to one of his favorite campaign themes, campaign finance reform. On a recent morning talk show, McCain said: “I think maybe the Bush campaign is out of money and somebody’s putting in $2 million to try to hijack the campaign here in New York. Nobody knows where it came from. [When McCain filmed the interview, Wyly’s identity had not been revealed.] We’ll probably find out, but probably too late. This is why campaign finance reform is so important.” [New York Times, 3/3/2000; New York Times, 3/4/2000; New York Times, 3/5/2000; San Jose Mercury News, 3/6/2000; Scott E. Thomas and Danny Lee McDonald, 4/2002; New York Times, 8/23/2010] The press soon learns that Charles Wyly is an official member of the Bush presidential campaign, as a “Pioneer” donor, and has contributed the maximum amount under the law. [New York Times, 3/4/2000] It also learns that RFCA’s stated address is a post office box in Virginia belonging to Lydia Meuret, a consultant who runs a political action committee headed by Representative Henry Bonilla (R-TX), a Bush ally. Meuret denies any connection between RFCA and Bonilla or Bonilla’s PAC, but admits she is a consultant to both. [New York Times, 3/3/2000]
'527' Group Operates in Campaign Finance Law 'Gray Areas' - RFCA is a “527” group (see 2000 - 2005); such groups operate in a “gray area” of campaign law, as the monies they use are not contributed directly to a candidate or a political party. However, they are banned from coordinating their efforts with candidate campaigns. Their ads must not make direct appeals to voters in support of, or opposition to, a particular candidate. If they comply with this portion of the law, the donors behind the ads, and the amounts they contribute, do not have to be identified. The law does not even require the groups to declare their existence, as was the case for a time with RFCA. The Times reports, “While some of the groups behind issue advertising are vague about their membership, Mr. Wyly’s effort was a rare instance in which commercials were aired without any hint of their origin.” Fred Wertheimer of Democracy 21, a group advocating campaign finance reform, says of so-called “issue” ads such as these: “The secrecy aspects of this are taking campaign finance problems to yet another new and dangerous level. What we’re seeing here is the use of unlimited, undisclosed money to influence a federal election, and that’s totally at odds with the whole notion of campaign finance disclosure.” [New York Times, 3/3/2000; San Jose Mercury News, 3/6/2000; New York Times, 3/29/2000; New York Times, 8/23/2010] Progressive columnist Molly Ivins calls the RFCA ads examples of “sham issue” advertisements. [San Jose Mercury News, 3/6/2000]
Bush Claims RFCA Ads Not Helpful - After Bush secures the nomination over McCain, he tells a reporter, “I don’t think these [Republicans for Clean Air] ads are particularly helpful to me.” But Slate reporter Chris Suellentrop writes: “Of course they were helpful. Otherwise Bush would have called the group and told them to call off the dogs.” [Slate, 8/25/2000]
Wyly Brothers Will Fund 2004 'Swift Boat' Campaign, Later Charged with Securities Fraud, Insider Trading - A month after the ads air, Sam Wyly says he will no longer involve himself in politics. Wyly, who says he is a staunch environmentalist, says he admires Bush’s Democratic challenger, Vice President Al Gore (whom Wyly has called a regulation-happy environmentalist, and whom Wyly has considered attacking with television ads). Of his foray into the presidential campaign, Wyly says: “I learned from it. Many of you are aware of my recent foray into presidential politics. It is to be my last.” In 2004, the Wyly brothers will be two of the primary donors behind the “Swift Boat” campaign that will slander and impugn the character and military service of presidential candidate John Kerry (D-MA). In 2010, the Wyly brothers will be charged with securities fraud and insider trading that netted them at least $581 million in illegal gains, according to the Securities and Exchange Commission. [New York Times, 4/5/2000; New York Times, 8/23/2010]

Entity Tags: George W. Bush presidential campaign 2000, Charles Wyly, Sam Wyly, George E. Pataki, Fred Wertheimer, George W. Bush, Chris Suellentrop, Rick Davis, Albert Arnold (“Al”) Gore, Jr., New York Times, John McCain, John Kerry, John E. Sweeney, John McCain presidential campaign 2000, Henry Bonilla, Lydia Meuret, Molly Ivins, Republicans for Clean Air

Timeline Tags: 2000 Elections, Civil Liberties

The Senate approves bipartisan legislation, the so-called “Stealth PAC” bill, that requires secretive tax-exempt organizations that raise and spend money on political activities to reveal their donors and expenditures. The so-called “527” organizations have flourished because until now, Section 527 of the Internal Revenue Code has protected both their nonprofit status and their right to keep their donors and funding information secret (see 2000 - 2005). President Clinton will sign the bill into law. It is the first major legislative change in American campaign finance law in two decades (see January 8, 1980). Under the new law, Section 527 organizations raising over $25,000 a year must comply with federal campaign law, file tax returns, disclose the identities of anyone contributing over $200, and report expenditures in excess of $500. That information will be reported to the IRS every three months during an election year, and the information will be posted on the Internet. The bill takes effect as soon as Clinton signs it into law.
Passed Despite Republican Opposition - The House passed the bill on a 385-39 vote; only six Senate Republicans vote against the bill. Senate and House Republican leaders have blocked the bill for months. Clinton says, “Passage of this bill proves that public interest can triumph over special interests,” and urges Congress to pass a more comprehensive overhaul of campaign finance law. Senator Russ Feingold (D-WI) says, “I’m not pretending we don’t have other loopholes to close, but those groups that have found this an easy, painless way to go on the attack are now going to have to scramble to figure out different ways.” Some ways that groups will avoid the requirements of the new law are to reorganize themselves as for-profit organizations—thus losing their tax exemptions—or trying to reorganize as other types of nonprofits. Many expect donors to rush big contributions to these 527 groups before the new law takes effect. Mike Castle (R-DE), a House Republican who supports the bill, says, “I am sure that the phones are ringing over on K Street right now about how to get money into the 527s before they are eliminated.” Senator Mitch McConnell (R-KY), who helped Senate Republicans block the bill and who voted no on its passage, now calls it a “relatively benign bill,” downplaying his stiff opposition to the bill and to campaign finance regulation in general. McConnell advised Republicans up for re-election in November 2000 to vote yes for the bill “to insulate them against absurd charges that they are in favor of secret campaign contributions or Chinese money or Mafia money.” McConnell explains that he voted against the bill because it infringes on freedom of speech (see December 15, 1986). Governor George W. Bush (R-TX), the GOP’s presidential candidate, issues a statement supporting the bill: “As I have previously stated, I believe these third-party groups should have to disclose who is funding their ads. As the only candidate to fully disclose contributors on a daily basis, I have always been a strong believer in sunshine and full disclosure.” Bush defeated Republican challenger John McCain (R-AZ) in part because of the efforts of Republicans for Clean Air, a 527 group headed by Bush financier Sam Wyly and which spent $2.5 million attacking McCain’s environmental record (see March 2000 and After). McCain helped push the current bill through the Senate, and says: “This bill will not solve what is wrong with our campaign finance system. But it will give the public information regarding one especially pernicious weapon used in modern campaigns.”
527s Used by Both Parties - Both Democrats and Republicans have created and used 527 groups, which are free from federal oversight as long as they do not advocate for or against a specific candidate. The organizations use donations for polling, advertising, telephone banks, and direct-mail appeals, but are not subject to federal filing or reporting rules as long as they do not advocate the election or defeat of a specific candidate. Some groups, such as the Republican Majority Issues Committee, a 527 organization aligned with House Majority Leader Tom DeLay (R-TX), intend to continue functioning as usual even after the bill is signed into law, while they examine their legal options. The committee head, Karl Gallant, says his organization will “continue on our core mission to give conservative voters a voice in the upcoming elections.” The Republican Majority Issues Committee is considered DeLay’s personal PAC, or political action committee; it is expected to funnel as much as $25 million into closely contested races between now and Election Day. Gallant says the organization will comply with the new law, but complains, “We are deeply concerned that Congress has placed the regulation of free speech in the hands of the tax collectors.” He then says: “We’re not going anywhere. You will have RMIC to amuse and delight you throughout the election cycle.” The Sierra Club’s own 527 organization, the Environmental Voter Education Campaign, says it will also comply “eagerly” with the new law, and will spend some $8 million supporting candidates who match the Sierra Club’s pro-environmental stance. “We will eagerly comply with the new law as soon as it takes effect,” says the Sierra Club’s Dan Weiss. “But it’s important to note that while we strongly support the passage of this reform, 527 money is just the tip of the soft-money iceberg. Real reform would mean banning all soft-money contributions to political parties.” Another 527 group affected by the new law is Citizens for Better Medicare, which has already spent $30 million supporting Republican candidates who oppose a government-run prescription drug benefit. Spokesman Dan Zielinski says the group may change or abandon its 527 status in light of the new law. “The coalition is not going away,” he says. “We will comply with whatever legal requirements are necessary. We’ll do whatever the lawyers say we have to do.” A much smaller 527, the Peace Voter Fund, a remnant of the peace movement of the 1970s and 80s, says it intends to engage in voter education and issue advocacy in about a dozen Congressional races. Executive director Van Gosse says the group will follow the new law and continue as before: “Disclosure of donors is not a major issue for us. So we’ll just say to donors in the future that they will be subject to federal disclosure requirements. It’s no biggie.” [New York Times, 6/30/2000; OMB Watch, 4/1/2002; Huffington Post, 9/28/2010]

Entity Tags: Karl Gallant, John McCain, Environmental Voter Education Campaign, Dan Zielinski, Dan Weiss, Citizens for Better Medicare, Van Gosse, US Senate, William Jefferson (“Bill”) Clinton, George W. Bush, Republican Majority Issues Committee, Republicans for Clean Air, Peace Voter Fund, Mike Castle, Mitch McConnell, Tom DeLay, Sierra Club, Sam Wyly, Russell D. Feingold

Timeline Tags: Civil Liberties

John Prescott Ellis.John Prescott Ellis. [Source: Bush-Clinton Fraud (.com)]Fox News chairman Roger Ailes (see October 7, 1996), a Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988), chooses an unlikely reporter to anchor Fox’s election night coverage: John Prescott Ellis, a freelance Republican political adviser and the first cousin of George W. Bush (R-TX), the Republican presidential candidate. (Ellis is the son of George Herbert Walker Bush’s sister, Nancy Ellis.) Ellis was originally hired to cover the party primaries. A later study of voting patterns by the University of California will determine that in areas where voters have access to Fox News, the network’s relentless pro-Bush coverage shifts some 200,000 votes from Democrat Al Gore (D-TN) to Bush, but Ailes wants to make sure his network’s coverage is favorable to Bush, and has always had Ellis in mind for the election night anchor position, for which he specifically gives Ellis a 30-day contract. Ellis is very close to Bush’s brother Jeb Bush (R-FL), the sitting governor of Florida (“Jeb” is an acronym for his full name, John Ellis Bush). Ellis recused himself from campaign coverage in a June 1999 Boston Globe column, defending George W. Bush from allegations of cocaine use, calling the Clinton-Gore administration “morally berserk,” and telling his readers, “There is no way for you to know if I am telling you the truth about George W. Bush’s presidential campaign, because in his case, my loyalty goes to him and not to you.” Instead of this posing an ethical dilemma or being seen as a conflict of interest at Fox, Ellis is Ailes’s first and only choice to anchor the network’s election coverage. (Ailes will later tell a February 2001 House committee hearing, “We at Fox News do not discriminate against people because of their family connections”—see February 14, 2001.) [Washington Post, 11/14/2000; Salon, 11/15/2000; Observer, 11/19/2000; Associated Press, 12/11/2000; Buffalo Beat, 12/14/2000; Nation, 11/6/2006; New York Magazine, 5/22/2011] Ellis will pre-emptively call the election for Bush, sparking the Florida recount controversy and helping propel his cousin into the White House (see November 7-8, 2000). In a response to testimony in the same February 2001 House committee hearing, Joan Konner, a journalism professor who will lead a CNN-commissioned independent study of the problems in that network’s election night coverage, will call Ellis’s hiring a substantial breach of journalistic ethics and standards. “If John Ellis had, indeed, made comments stating that his loyalties to the Bush family superceded any commitment he has to his profession or his employer, then I would judge that to be not only a perceived conflict-of-interest but a real conflict-of-interest for a journalist,” she will write in a letter to Representative John Dingell (D-MI). “While that does not disqualify an individual from any position as a journalist, it would, in my judgement, disqualify that person for any decision-making role involving reporting on his relatives during an election. Often friends and relatives are hired by journalism organizations because of their connections to the newsmakers. Their access to sources makes them valuable to the organization. However, the news organization should take every precaution against placing such an individual in an assignment that could result in bias in reporting.” [House of Representatives, Committee on Energy and Commerce, 2/14/2001]

Entity Tags: John Ellis (“Jeb”) Bush, Fox News, Boston Globe, Albert Arnold (“Al”) Gore, Jr., George W. Bush, John Dingell, Roger Ailes, Nancy Ellis, Joan Konner, John Prescott Ellis

Timeline Tags: 2000 Elections, Domestic Propaganda

Thousands of African-American voters in Florida are illegally denied their right to vote, as is proven in many instances by subsequent investigations. Adora Obi Nweze, the president of the Florida State Conference of the NAACP, is told by election officials she cannot vote because she has already cast an absentee ballot, even though she has cast no such ballot. Cathy Jackson, a Broward County voter since 1996, was told falsely that she was not on the rolls and could not vote; she sees a white woman cast an “affidavit ballot” and asks if she can do the same, but is denied. Donnise DeSouza of Miami is told, falsely, that she is not on the voting rolls and is moved to the “problem line”; when the polls close, she is sent home without voting. Another voter, Lavonna Lewis, is in line to vote when the polls close. Though the law says that voters already in line can vote even after the polls close, she is sent home. She will later say she saw election officials allow a white male voter to get in line after the polls had closed.
US Representative Fights to Cast Vote - US Representative Corrine Brown (D-FL) is followed into her poll by a television crew. Officials there tell her that her ballot has been sent to Washington and therefore she cannot vote in Florida. Brown spends two and a half hours in the polling place before finally being allowed to vote. Brown later notes that she helped register thousands of African-American college students in the months prior to the election. “We put them on buses,” she will recall, “took them down to the supervisor’s office. Had them register. When it came time to vote, they were not on the rolls!” Many African-American voters like Wallace McDonald of Hillsborough County are denied their vote because they are told, falsely, that they are convicted felons whose right to vote has been stripped. The NAACP offices are inundated with telephone calls all day from voters complaining that their right to vote is being denied.
'Painful, Dehumanizing, Demoralizing' - Donna Brazile, campaign manager for the Gore campaign whose sister was illegally asked for three forms of identification in Seminole County before being allowed to vote, later says: “What happened that day—I can’t even put it in words anymore. It was the most painful, dehumanizing, demoralizing thing I’ve ever experienced in my years of organizing.” Hearings in early 2001 held by the US Commission on Civil Rights will record more than 30 hours of testimony from over 100 witnesses as to a wide array of racially based disenfranchisement. The commission will find that the election probably violated the Voting Rights Act of 1965, but Attorney General John Ashcroft will ignore the report.
Gadsden County - One exemplar of systematic disenfranchisement is seen in Gadsden County, one of Florida’s poorest counties, with 57 percent of its voters African-American. Its elections are supervised by white conservative Denny Hutchinson. Hutchinson refuses to take action to increase registration, put in more polling places, and other actions designed to increase voter turnout. Gadsden County Commissioner Ed Dixon later recalls: “He never advocated for any increased precincts, even though some of our people had to drive 30 miles to get to a poll. In the only county that’s a majority African-American, you want a decreased turnout.” After the votes have been tallied, Hutchinson’s deputy, African-American Shirley Green Knight, notices that over 2,000 ballots (out of 14,727 cast) are not included in the registered count. The reason? Gadsden uses a so-called “optiscan” balloting device, which allows voters to “bubble in” ovals with a pencil; these “bubbles” are scanned and the votes they indicate are tallied. Optiscan ballots are prone to register “overvotes,” essentially when the ballot indicates votes for two separate candidates in the same race. Overvotes are not machine-tallied. The machines have a sorting switch that when set to “on” causes the machine to record overvotes or “undervotes” (no vote recorded) in a separate category for later review and possible inclusion. Knight will learn that Hutchinson had insisted the machines’ switches be set to “off,” which rejects the overvotes without counting them at all. “I have no idea why he would do that,” Knight later says. When she learns of the problem, she asks Hutchinson to run the ballots through again with the sorting switch on, but he refuses. He is later overruled by the Gadsden canvassing board. When the ballots are run through a second time, the results are startlingly different. Gadsden uses a variant of the so-called “caterpillar ballot,” which lists candidates’ names in two columns. George W. Bush, Al Gore, and six other presidential candidates are listed in one column. The second column lists two more candidates, Monica Moorehead and Howard Phillips, and a blank for a “Write-In Candidate.” Hundreds of voters apparently believe that the second column is for an entirely different race, and vote not only for Bush or Gore, but for Moorehead or Phillips. And some voters vote for Gore and, to ensure clarity, write “Gore” in the write-in box. (Some, thoroughly confused by directions telling them to “Vote for ONE” and “Vote for Group,” bubble in all 10 presidential candidates and write “Gore” in the box.) None of these votes are originally counted. More sophisticated optiscan machines would refuse to accept the ballot, prompting the voter to correct the error. But Gadsden uses a cheaper machine that allows the error to go through unbeknownst to the voter. When Gadsden performs its machine recount, Gore will receive 153 additional votes from the erroneous optiscan. These will be included in the state’s final tally. However, over 2,000 of the “overvote” ballots will not be counted. Two-thirds of those ballots have Gore as their selection.
Duval County - Similar problems plague voters in Duval County. Duval, a large Democratic stronghold because of its inclusion of Jacksonville, is 29 percent African-American. Twenty-one thousand votes are thrown out as “overvotes.” Part of the problem is a sample-ballot insert placed in the newspaper by elections supervisor John Stafford, giving erroneous instructions as to how to complete the Duval ballot; any voter who follows these instructions does not have their votes tallied, though corrected instructions are posted in some Duval precincts. In the critical 72-hour period after the votes are complete, Gore campaign staffer Mike Langton will spend hours with Stafford, a white Republican, attempting to address the situation. Stafford lies to Langton and tells him Duval has “only a few” overvotes. It is not until after the deadline to ask for a machine recount has passed that Langton learns of the 21,000 uncounted votes. Nearly half of these are from four heavily African-American precincts that usually vote 90 percent Democratic. In theory, nearly 10,000 votes for Gore from Duval County will go untallied.
'Felons' and 'Purge Lists' - Florida law disenfranchises citizens convicted of many felonies (see June 24, 1974). In this election, thousands of Florida voters, mostly African-American males, lose their vote when they appear at their precinct and are told they cannot vote because they are felons, even though they are not. One is Willie Steen, a military veteran who loses his vote in Hillsborough County. “The poll worker looked at the computer and said that there was something about me being a felon,” Steen later recalls. “I’ve never been arrested before in my life,” he recalls telling the poll worker. The worker refuses to listen, and orders Steen to leave the line. Steen later learns that the felony he supposedly committed was done between 1991 and 1993, when he was stationed in the Persian Gulf. Tampa youth leader Willie Dixon and Tallahasse pastor Willie Whiting are also denied their votes through improper classification as felons, as do thousands of other voters. Investigative journalist Greg Palast later learns that the felon-disenfranchisement is widespread and systematic. He will publish a story exposing the scheme during the Florida recounts—in a London newspaper. No US newspaper will consider it. Palast later says: “Stories of black people losing rights is passe, it’s not discussed, no one cares. A black person accused of being a felon is always guilty.” Palast and other investigators learn that Republican legislators have in recent years upgraded a number of selected crimes from misdemeanors to felonies, apparently in order to “purge” the voting rolls of African-Americans. State Senator Frederica Wilson is one of many who believe the new classifications are “aimed at African-American people.” Black lawmakers have been unsuccessful in attempting to repeal the felon-disenfranchisement laws. After a 1997 election, where some 105 felons were found to have voted and analysis showed that 71 percent of Florida felons were registered Democrats, the Florida state government allocated $4 million to “purge” felons off the voting rolls. The government turned the task over to a private firm, Database Technologies (DBT) of Boca Raton (which later merged with the firm ChoicePoint). When the first purge lists from DBT began appearing in 1998, county elections officials were worried. Ion Sancho, the elections supervisor for Leon County, will recall: “We were sent this purge list in August of 1998. We started sending letters and contacting voters, [saying] that we had evidence that they were potential felons and that they contact us or they were going to be removed from the rolls. Boy, did that cause a firestorm.” One of the “felons” was Sancho’s close friend Rick Johnson, a civil rights attorney. “Very few felons are members of the Florida bar,” Sancho will note. In early 2000, Sancho asked Emmett “Bucky” Mitchell, a lawyer for the Florida Division of Elections, why so many “false positives”—innocent people—were on DBT’s list. Mitchell told Sancho that the problem was DBT’s, not Florida’s, and the firm had been told to handle the problem. Instead, according to ChoicePoint marketing official James Lee, Florida relaxed the criteria for its purge list, and tens of thousands of voters who had names roughly similar to those of actual felons were added to the list. Why? Lee will say, “Because after the first year they weren’t getting enough names.” Willie D. Whiting, a law-abiding pastor, is denied the vote because Willie J. Whiting is a felon. Willie Steen is denied his vote because Willie O’Steen is a convicted felon. Mitchell told a DBT project manager that it was up to elections officials like Sancho to find and correct the misidentifications. The lists even include actual felons whose right to vote had been restored by previous Florida administrations during amnesty programs. The initial database for the purge lists is comprised of people arrested for felonies, not convicted—thusly many citizens never convicted of a crime are now on the purge list. Others are incorrectly listed as felons when they were convicted of misdemeanors. A May 2000 “corrected” list stunned county elections officials. Linda Howell, election supervisor of Madison County, found her own name on the list. Monroe County supervisor Harry Sawyer found his father on the list, along with one of his employees and the husband of another. None of those people were felons. Some counties, such as Broward, Duval, Madison, and Palm Beach chose not to use the lists at all; Sancho meticulously checked his list of 697 names and ended up retaining only 33. Most supervisors use the lists without question. A thousand Bay County voters are denied their vote; 7,000 Miami-Dade voters lose theirs. It is unknown how many of these are actual felons and how many are law-abiding, legitimate voters. A 2001 class-action lawsuit brought by the NAACP and African-American voters will charge DBT and Florida Secretary of State Katherine Harris with deliberately attempting to disenfranchise black voters. It will be settled out of court, with Florida agreeing to provisions that nominally settle the problem (see Late August 2002), but a 2004 article by Vanity Fair will note that by 2004, Florida’s government has implemented none of the corrective procedures mandated by the settlement. Subsequent investigations will show that the “felons” on the various purge lists are disproportionately Democratic voters and disproportionately African-American. [Tapper, 3/2001; Vanity Fair, 10/2004]
2001 Investigation Proves Widespread Disenfranchisement - A 2001 investigation by the progressive newsmagazine The Nation will show a widespread and systematic program of voter disenfranchisement in effect in Florida during the 2000 elections (see April 24, 2001).

Supreme Court Justice Sandra Day O’Connor, attending a Washington, DC, party and watching the news networks predict Florida, and thusly the presidency, for Democrat Al Gore, says aloud, “This is terrible.” Her husband explains that she is considering retiring from the Court, but will only do so if George W. Bush, a fellow Republican, is in office to appoint her successor. [Tapper, 3/2001]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., Sandra Day O’Connor, George W. Bush

Timeline Tags: 2000 Elections

Shortly after the presidential vote that resulted in an as-yet-unresolved flurry of recounts and criticisms (see 6:36 p.m. November 15, 2000 and 9:14 p.m., November 15, 2000), two law clerks at the US Supreme Court laugh about the unlikely possibility that the election will end up being resolved in the Court. Could it happen that way? they wonder. And if so, would the Court split 5-4 along ideological lines, with the conservative majority giving Governor George W. Bush (R-TX) the presidency? The idea is preposterous, they decide, no matter what some of their friends and relatives are predicting. Even the most conservative of Court justices, they say, are pragmatic and mindful of the law. Moreover, they tell one another, the Court has always steered clear of sticky political conflicts. And the conservative justices are the most mindful of states’ rights and most devoted to the concept of the Constitution’s “original intent,” including the Founders’ insistance that Congress, not the judiciary, should be the body to resolve close elections. One clerk later tells reporters: “It was just inconceivable to us that the Court would want to lose its credibility in such a patently political way. That would be the end of the Court.” As November moves closer to December and the election fracas continues unresolved, a law professor predicts that Bush’s chances before the Court are “between slim and none, and a lot closer to none.” Over Thanksgiving, the justices and clerks leave Washington for vacation, with only a skeletal staff of a few clerks remaining in town in case of emergencies. Justice Stephen Breyer says over the holiday that there is no way the Court would ever get involved in the election. [Vanity Fair, 10/2004]

Entity Tags: George W. Bush, US Supreme Court, Stephen Breyer

Timeline Tags: 2000 Elections, Civil Liberties

A photograph of the Republican operatives mobbing the Miami-Dade elections offices. Those identified in the photograph include Thomas Pyle, Garry Malphrus, Rory Cooper, Kevin Smith, Steven Brady, Matt Schlapp, Roger Morse, Duane Gibson, Chuck Royal, and Layna McConkey.A photograph of the Republican operatives mobbing the Miami-Dade elections offices. Those identified in the photograph include Thomas Pyle, Garry Malphrus, Rory Cooper, Kevin Smith, Steven Brady, Matt Schlapp, Roger Morse, Duane Gibson, Chuck Royal, and Layna McConkey. [Source: Pensito Review]Miami-Dade County election officials vote unanimously to halt the county’s manual recount of presidential ballots (see November 7, 2000 and Before 10:00 a.m. November 19, 2000), saying the county does not have enough time to complete its recount by the November 26 deadline. Instead, they vote to recount only 10,750 “undervotes,” ballots that don’t clearly indicate a presidential choice. The decision costs Democratic candidate Al Gore a 157-vote gain from the halted recount process. That evening, a Florida State appeals court denies a motion by Democrats to force Miami-Dade County to restart the manual recount. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Opposing Beliefs - The next day, the Florida Supreme Court will also refuse to order Miami-Dade to restart the recount (see 2:45 p.m. November 23, 2000). Press reports say that the decision “dramatically reverse[s] the chances of Al Gore gathering enough votes to defeat George W. Bush.” Gore’s senior campaign advisor William Daley calls the recounts “mandatory” and calls for “the rule of law” to be upheld. For his part, Bush says: “I believe Secretary Cheney and I won the vote in Florida (see After 3:30 a.m. November 8, 2000). And I believe some are determined to keep counting in an effort to change the legitimate result.” In light of the Miami-Dade decision, the Bush campaign’s chief legal advisor James Baker invites the Republican-controlled Florida Legislature to unilaterally declare Bush the victor, saying, “One should not now be surprised if the Florida legislature seeks to affirm the original rules.”
Agitators Disrupt Recount Proceedings - The recount proceedings are disrupted and ultimately ended by a mob of Republicans, some local and some bussed and flown in from Washington by the Bush campaign. The agitators are protesting outside the Miami-Dade County election offices, shouting and attempting to interfere with the proceedings of the canvassing board. Republicans have accused a Democratic lawyer of stealing a ballot. [Guardian, 11/23/2000; Guardian, 11/25/2000]
Rioters Made Up of Republican Staffers, Others - Democrats accuse Republican protesters of intimidating the Miami-Dade County officials into stopping the recount. Democratic vice-presidential candidate Joe Lieberman says the demonstrations in Miami have been orchestrated by Republicans “to intimidate and to prevent a simple count of votes from going forward.” Six Democratic members of the US Congress demand the Justice Department investigate the claims, saying that civil rights have been violated in “a shocking case of undermining the right to vote through intimidation and threats of violence.” Jenny Backus, a spokeswoman for the Democratic National Committee (DNC), says, “The Republicans are out of control,” and accuses them of using paid agitators to “create mob rule in Miami.” [Guardian, 11/25/2000] Later investigations show that the “spontaneous protests” by Republican protesters were far more orchestrated and violent than generally reported by the press at the time. Investigative journalist Robert Parry will write that the protests, called the “Brooks Brothers Riot” because of the wealthy, “preppie” makeup of the “protesters,” helped stop the recount, “and showed how far Bush’s supporters were ready to go to put their man in the White House.” He will write that the protests should be more accurately termed a riot. At least six of the rioters were paid by the Bush recount committee, payments documented in Bush committee records only released to the IRS in July 2002 (see July 15, 2002). Twelve Republican staffers will later be identified in photographs of the rioters. The six who can be confirmed as being paid are: Bush staffer Matt Schlapp from Austin, Texas; Thomas Pyle, a staff aide to House Majority Whip Tom DeLay (R-TX); DeLay fundraiser Michael Murphy; Garry Malphrus, House majority chief counsel to the House Judiciary Subcommittee on Criminal Justice; Charles Royal, a legislative aide to Representative Jim DeMint (R-SC); and former Republican House staffer Kevin Smith. Another Republican is identified as Doug Heye, a staffer for Representative Richard Pombo (R-CA). At least three of the rioters—Schlapp, Malphrus, and Joel Kaplan—will later join the Bush White House. Many of the rioters were brought in on planes and buses from Washington as early as mid-November, with promises of expenses payments. On November 18, 2000, the Bush campaign told activists, “We now need to send reinforcements” to rush to Florida. “The campaign will pay airfare and hotel expenses for people willing to go.” Many of the respondents are low-level Republican staffers from Congress. “These reinforcements… added an angrier tone to the dueling street protests already underway between supporters of Bush and Gore,” Parry will write. Quoting ABC reporter Jake Tapper, Parry will write, “The new wave of Republican activists injected ‘venom and volatility into an already edgy situation.’” Signifying the tone, before the Miami riot, Brad Blakeman, Bush’s campaign director of advance travel logistics, screamed down a CNN correspondent attempting to interview a Democratic Congressman: “This is the new Republican Party, sir! We’re not going to take it anymore!” [Consortium News, 11/27/2000; Consortium News, 8/5/2002; Vanity Fair, 10/2004] Some of the local protesters are summoned to the Miami-Dade electoral offices by angry broadcasts over radio stations with largely Cuban-American audiences; over these radio stations, listeners hear Bush campaign lawyer Roger Stone, coordinating the radio response, say that the recounts intend to disenfranchise Hispanic voters. Republican operatives coordinate the protests by shouting orders through megaphones. [Consortium News, 11/24/2000; Center for American Progress, 12/9/2010] Cuban-Americans voted heavily for Bush in the November 7 election. [Tapper, 3/2001]
Details of the Riot; Staffers Assaulted and Beaten - After learning that the Miami-Dade County canvassing board was beginning to examine 10,750 disputed ballots that had not previously been counted, US Representative John Sweeney (R-NY) issues the order to “Shut it down!” (Sweeney is coordinating his efforts with a local Cuban congressman who himself is coordinating the Cuban-American mob response.) Brendan Quinn, the executive director of the New York Republican Party, tells some two dozen Republican operatives outside the Miami-Dade County election offices to storm the room on the 19th floor where the canvassing board is meeting. Tapper later writes: “Emotional and angry, they immediately make their way outside the larger room in which the tabulating room is contained. The mass of ‘angry voters’ on the 19th floor swells to maybe 80 people,” including many of the Republican activists from outside Florida, and joined by local protesters. As news organizations videotape the scene, the protesters reach the board offices and begin shouting slogans such as “Stop the count! Stop the fraud!” “Three Blind Mice!” and “Fraud, fraud, fraud!” and banging on doors and walls. The protesters also shout that a thousand potentially violent Cuban-Americans are on the way. Official observers and reporters are unable to force their way through the shouting crowd of Republican operatives and their cohorts. Miami-Dade spokesman Mayco Villafena is physically assaulted, being pushed and shoved by an unknown number of assailants. Security officials, badly outmanned, fear the confrontation will swell into a full-scale riot. Miami-Dade elections supervisor David Leahy orders the recounts stopped, saying, “Until the demonstration stops, nobody can do anything.” (Although board members will later insist that they were not intimidated into stopping, the recounts will never begin again. Leahy will later say: “This was perceived as not being an open and fair process. That weighed heavy on our minds.”) Meanwhile, unaware of the rioting, county Democratic chairman Joe Geller stops at another office in search of a sample ballot. He wants to prove his theory that some voters had intended to vote for Gore, but instead marked an adjoining number indicating no choice. He finds one and leaves the office. Some of the rioters spot Geller with the sample ballot, and one shouts, “This guy’s got a ballot!” Tapper will later write: “The masses swarm around him, yelling, getting in his face, pushing him, grabbing him. ‘Arrest him!’ they cry. ‘Arrest him!’ With the help of a diminutive DNC [Democratic National Committee] aide, Luis Rosero, and the political director of the Miami Gore campaign, Joe Fraga, Geller manages to wrench himself into the elevator.” Rosero stays behind to attempt to talk with a reporter, and instead is kicked and punched by rioters. A woman shoves Rosero into a much larger man in what Tapper will later theorize was an attempt to start a fight between Rosero and the other person. In the building lobby, some 50 Republican protesters and activists swarm Geller, surrounding him. Police escort Geller back to the 19th floor in both an attempt to save him from harm and to ascertain what is happening. The crowd attempts to pull Geller away from the police. Some of the protesters even accost 73-year-old Representative Carrie Meek (D-FL). Democratic operatives decide to leave the area completely. When the mob learns that the recounts have been terminated, they break forth in lusty cheers.
After-Party - After the riots, the Bush campaign pays $35,501.52 for a celebration at Fort Lauderdale’s Hyatt Regency, where the rioters and campaign officials party, enjoy free food and drink, receive congratulatory calls from Bush and Dick Cheney, and are serenaded by Las Vegas crooner Wayne Newton, singing “Danke Schoen,” German for “thank you very much.” Other expenses at the party include lighting, sound system, and even costumes.
Media Reportage - Bush and his campaign officials say little publicly about the riot. Some press outlets report the details behind the riots. The Washington Post later reports that “even as the Bush campaign and the Republicans portray themselves as above the fray,” national Republicans actually had joined in and helped finance the riot. The Wall Street Journal tells readers that Bush offered personal words of encouragement to the rioters after the melee, writing, “The night’s highlight was a conference call from Mr. Bush and running mate Dick Cheney, which included joking reference by both running mates to the incident in Miami, two [Republican] staffers in attendance say.” The Journal also observes that the riot was led by national Republican operatives “on all expense-paid trips, courtesy of the Bush campaign.” And, the Journal will note, the rioters went on to attempt to disrupt the recounts in Broward County, but failed there to stop the proceedings. The Journal will write that “behind the rowdy rallies in South Florida this past weekend was a well-organized effort by Republican operatives to entice supporters to South Florida,” with DeLay’s Capitol Hill office taking charge of the recruitment. No similar effort was made by the Gore campaign, the Journal will note: “This has allowed the Republicans to quickly gain the upper hand, protest-wise.” And the Journal will write that the Bush campaign worked to keep its distance from the riots: “Staffers who joined the effort say there has been an air of mystery to the operation. ‘To tell you the truth, nobody knows who is calling the shots,’ says one aide. Many nights, often very late, a memo is slipped underneath the hotel-room doors outlining coming events.” But soon, media reports begin echoing Bush campaign talking points, which call the “protests” “fitting, proper,” and the fault of the canvassing board: “The board made a series of bad decisions and the reaction to it was inevitable and well justified.” The Bush campaign says the mob attack on the elections office was justified because civil rights leader Jesse Jackson had led peaceful, non-violent protests in favor of the recounts in Miami the day before. The campaign also insists that the protests were spontaneous and made up entirely of local citizens. On November 26, Governor Marc Racicot (R-MT), a Bush campaign spokesman, will tell NBC viewers: “Clearly there are Americans on both sides of these issues reflecting very strong viewpoints. But to suggest that somehow this was a threatening situation, in my view, is hyperbolic rhetoric.”
Effect of the Riot - According to Parry, the riot, broadcast live on CNN and other networks, “marked a turning point in the recount battle. At the time, Bush clung to a lead that had dwindled to several hundred votes and Gore was pressing for recounts (see November 20-21, 2000). The riot in Miami and the prospects of spreading violence were among the arguments later cited by defenders of the 5-to-4 US Supreme Court ruling (see 9:54 p.m. December 12, 2000)… that stopped a statewide Florida recount and handed Bush the presidency. Backed by the $13.8 million war chest, the Bush operation made clear in Miami and in other protests that it was ready to kick up plenty of political dust if it didn’t get its way.” In the hours after the riot, conservative pundits led by Rush Limbaugh will engage in orchestrated assaults on the recount process as fraudulent and an attempt by the Gore campaign to “invent” votes. No one is ever charged with any criminal behaviors as a result of the riot. [Consortium News, 11/24/2000; Washington Post, 11/27/2000; Village Voice, 12/19/2000; Consortium News, 8/5/2002; Vanity Fair, 10/2004; Center for American Progress, 12/9/2010]

The clerks for the four liberal justices at the Supreme Court—John Paul Stevens, Stephen Breyer, David Souter, and Ruth Bader Ginsburg—continue their speculation as to whether the Court will actually attempt to decide the presidential election ((see November 20-21, 2000 and November 22-24, 2000), especially in light of Florida’s recent attempt to certify George W. Bush as the winner (see 7:30 p.m. November 26, 2000). At a November 29 dinner attended by clerks from several justices, a clerk for Justice Sandra Day O’Connor tells the group that O’Connor is determined to overturn the Florida Supreme Court’s decision to go ahead with manual recounts of election ballots (see 3:00 p.m., November 16, 2000). One clerk recalls the O’Connor clerk saying, “she thought the Florida court was trying to steal the election and that they had to stop it.” O’Connor has the reputation of deciding an issue on her “gut,” then finding legal justifications for supporting her decision. Unbeknownst to anyone outside the Court, O’Connor has already made up her mind. Gore lawyers in particular will spend endless hours trying to craft arguments to sway her vote, when the actual case will come down to Justice Anthony Kennedy, who originally wanted to accept the case. Many clerks of both liberal and conservative justices have little respect or regard for Kennedy. They consider him, according to a 2004 Vanity Fair article, “pompous and grandiloquent.” They believe he fills his office with elaborate, expensive decorations and trappings, including an elaborate chandelier, to give the idea of his power and importance. “The clerks saw his public persona—the very public way in which he boasted of often agonizing over decisions—as a kind of shtick, a very conspicuous attempt to exude fairness and appear moderate, even when he’d already made up his mind,” according to the Vanity Fair article. Conservative clerks suspect Kennedy of untoward liberal leanings, and have taken steps to ensure that the clerks he receives are ideologically sound. One liberal clerk later explains the conservative justices’ reasoning, saying, “The premise is that he can’t think by himself, and that he can be manipulated by someone in his second year of law school.” By now, Kennedy is surrounded by clerks from the hard-right Federalist Society. “He had four very conservative, Federalist Society white guys, and if you look at the portraits of law clerks on his wall, that’s true nine times out of 10,” another liberal law clerk will recall. “They were by far the least diverse group of clerks.” The conservative and liberal clerks do not socialize with one another as a rule, so it is unusual when, a day after the clerk dinner, Kevin Martin, a clerk for conservative justice Antonin Scalia, visits Stevens’s chambers. Martin went to Columbia Law School with Stevens’s clerk Anne Voigts, and he wants to see if he can explain to her the conservatives’ judicial point of view. However, two other Stevens clerks, Eduardo Penalver and Andrew Siegel, believe Martin is on some sort of reconnaissance mission, attempting to find out what grounds Stevens will cite to argue against overturning the Florida decision. Penalver and Siegel believe Martin is trying to manipulate Voigts, and Martin, after telling them to “F_ck off!” storms out of Stevens’s chambers. Clerks from O’Connor’s staff pay similar visits to other liberal justices, though these conversations do not end so contentiously. [Vanity Fair, 10/2004] O’Connor said to partygoers when the news networks announced the election for Al Gore, “This is terrible” (see After 7:50 p.m. November 7, 2000).

Entity Tags: Eduardo Penalver, Anthony Kennedy, Anne Voigts, Andrew Siegel, Albert Arnold (“Al”) Gore, Jr., David Souter, US Supreme Court, Vanity Fair, Sandra Day O’Connor, George W. Bush, Florida Supreme Court, Federalist Society, Antonin Scalia, Kevin Martin, John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer

Timeline Tags: 2000 Elections, Civil Liberties

David Boies.David Boies. [Source: BBC]The Florida Supreme Court hears arguments from both the Gore and Bush presidential campaigns in Al Gore’s appeal of a ruling that rejected his campaign’s request to mandate recounts in three Florida counties (see 9:00 a.m. November 30, 2000 and After). Bush campaign lawyer Barry Richard argues that there is no “evidence to show that any voter was denied the right to vote” and calls the Gore campaign’s contest “a garden-variety appeal.” Gore lawyer David Boies contends that while time is running out, “the ballots can be counted” before the December 12 deadline for naming electors. In a 4-3 decision, the Court reverses the decisions of Judge N. Saunders Sauls (see 4:43 p.m. December 4, 2000), ordering recounts of “undervotes” in Miami-Dade and Palm Beach counties as well as all other Florida counties that have not yet manually recounted undervotes. “Undervotes” are noted on ballots that were not recorded by voting machines as making a choice for president. The Court also directs the lower court to add 168 votes from Miami-Dade and 215 votes from Palm Beach to Gore’s state totals, narrowing the George W. Bush lead to a mere 154 votes. London’s Guardian observes, “That margin could easily be overturned with a recount of the disputed ballots which mainly came from Democratic precincts in Miami-Dade.” Perhaps 45,000 undervotes statewide remain to be counted. Bush campaign attorney James Baker says the Court’s ruling may “disenfranchise Florida’s votes in the Electoral College.” Congressional Democrats Richard Gephardt (D-MO) and Tom Daschle (D-SD) release a joint statement calling for a “full, fair, and accurate vote count,” and saying there is “more than enough time to count ballots cast but never counted.” Within hours, Bush lawyers ask the US Supreme Court for an emergency stay of the decision, which will be granted (see December 8-9, 2000). [Supreme Court of Florida, 12/8/2000 pdf file; Guardian, 12/9/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Court decision is also seen as something of a repudiation of the Supreme Court’s earlier decision for clarification (see 10:00 a.m. December 1 - 4, 2000). Clerks for the Supreme Court justices are now certain that their Court will decide the presidential election. Justice Antonin Scalia, the most implacable of the conservative justices determined to overturn the Florida high court and give the election to Bush, wants to grant the Bush request for a stay even before receiving the Gore lawyers’ response, a highly unusual request that is not granted. He argues that the manual recounts are in and of themselves illegitimate, and says the recounts will cast “a needless and unjustified cloud” over Bush’s legitimacy. It is essential, he says, to shut down the process immediately. Clerks for both the liberal and conservative justices are amazed, and some appalled, at how bluntly Scalia is pushing what appears to be a partisan agenda. [Vanity Fair, 10/2004]

Entity Tags: David Boies, Barry Richard, Antonin Scalia, Al Gore presidential campaign 2000, County of Palm Beach (Florida), US Supreme Court, Richard Gephardt, The Guardian, N. Saunders Sauls, Tom Daschle, James A. Baker, George W. Bush presidential campaign 2000, Florida Supreme Court, County of Miami-Dade (Florida)

Timeline Tags: 2000 Elections

An artist’s rendition of the nine Court justices hearing oral arguments in the ‘Bush v. Gore’ case.An artist’s rendition of the nine Court justices hearing oral arguments in the ‘Bush v. Gore’ case. [Source: Authentic History]The US Supreme Court begins hearing oral arguments in the lawsuit Bush v. Gore on the Florida recounts and election results. The Bush campaign has challenged the legality of a Florida Supreme Court ruling mandating the recounting of “undervote” ballots (see December 7-8, 2000). Bush lawyers argue that manual recounts violate the Constitution’s mandate of equal protection. Gore lawyers argue that the overriding issue is the importance of counting each vote cast. By the afternoon, the public is hearing the arguments via audiotapes. Justice Antonin Scalia, one of the Court’s most hardline conservatives, drew criticism when he said in an earlier opinion that the majority of the Court believed that George W. Bush had “a substantial probability of success,” a conclusion disputed by other justices such as John Paul Stevens. Scalia now says that he is inclined to vote in favor of Bush because, he says, “the counting of votes that are of questionable legality does in my view threaten irreparable harm [to Bush]” (see December 8-9, 2000). [Guardian, 12/11/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Kennedy Determines that 'Equal Protection' Is Key to Reversing Florida Decision - Al Gore’s lawyers, led by David Boies, believe that one of the Bush team’s arguments is flawed: the idea that the Florida Supreme Court exceeded its bounds restricts one appellate court far more than another appellate court is willing to condone. Unbeknownst to the Gore lawyers, Justice Anthony Kennedy agrees with the Gore team on this issue. Kennedy has no intention of finding in favor of the Gore position, but he does want the other four conservatives on the bench to come together behind the Bush argument that using different standards for ballot evaluation in different counties violates the equal-protection clause of the Constitution, an argument that most of the justices, litigants, and clerks have not considered up until now. As a practical matter, enforcing a single standard of ballot evaluation among the disparate Florida counties would be virtually impossible. And the Court under the leadership of Chief Justice William Rehnquist has, until now, been reluctant to interpret the equal-protection clause except in the narrowest of circumstances. Neither the Bush nor the Gore lawyers had given that argument a lot of attention, but it will prove the linchpin of the Court’s majority decision. As oral arguments proceed, and Kennedy pretends to not understand why this is a federal argument, clerks for the liberal justices find themselves sourly amused at Kennedy’s pretense. “What a joke,” one says to another. When Kennedy cues Bush lawyer Theodore Olson that he is interested in the equal protection clause as an argument—“I thought your point was that the process is being conducted in violation of the equal-protection clause, and it is standardless”—Olson quickly pivots and begins building his case under that rubric. Liberal justices Stephen Breyer and David Souter use the equal-protection argument to suggest that the best and simplest solution is simply to remand the case back to the Florida Supreme Court and ask it to set a uniform standard. Breyer has been working for days to convince Kennedy to join the four liberals in sending the case back to Florida, and for a time during the oral arguments, believes he may have succeeded. The liberal clerks have no such hopes; they believe, correctly, that Kennedy is merely pretending to consider the option. “He probably wanted to think of himself as having wavered,” one clerk later says. A brief private chat with Scalia and his clerks during oral arguments may have swayed Kennedy back into the fold, assuming he is wavering at all.
Demands for Identical Standards among All Florida Counties - Justice Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) rails at Boies over the idea that the 67 counties cannot all have the same standards of ballot evaluation, and shows impatience with Boies’s explanation that for over 80 years, the Florida courts have put the idea of “voter intent” over identical ballot identification standards. [Vanity Fair, 10/2004]

Entity Tags: David Souter, David Boies, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, William Rehnquist, US Supreme Court, Sandra Day O’Connor, Stephen Breyer, Theodore (“Ted”) Olson, George W. Bush, George W. Bush presidential campaign 2000, John Paul Stevens, Florida Supreme Court, Antonin Scalia

Timeline Tags: 2000 Elections

In a 79-41 vote, the Florida House of Representatives, under Republican leadership, votes to approve 25 electors to the Electoral College (see 12:00 p.m. December 8, 2000) to cast Florida’s votes for George W. Bush (R-TX). Two of the 79 votes cast for the elector naming are Democratic. [US News and World Report, 12/13/2000; Leip, 2008] After the US Supreme Court rules against the recounts and gives the election to Bush, the Legislature abandons the idea of naming an independent slate of electors (see 9:54 p.m. December 12, 2000). [US News and World Report, 12/13/2000]

Entity Tags: George W. Bush, Florida State Legislature, US Supreme Court

Timeline Tags: 2000 Elections

The US Supreme Court issues a ruling in Bush v. Gore (see December 11, 2000) that essentially declares George W. Bush (R-TX) the winner of the Florida presidential election, and thusly the winner of the US presidential election (see Mid-to-Late November 2000). The decision in Bush v. Gore is so complex that the Court orders that it not be used as precedent in future decisions. The 5-4 decision is split along ideological lines, with Justices Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) and Anthony Kennedy, two “moderate conservatives,” casting the deciding votes. In the per curium opinion, the Court finds: “Because it is evident that any recount seeking to meet the Dec. 12 date will be unconstitutional… we reverse the judgment of the Supreme Court of Florida ordering the recount to proceed.… It is obvious that the recount cannot be conducted in compliance with the requirements of equal protection and due process without substantial additional work.” The decision says that the recounts as ordered by the Florida Supreme Court suffer from constitutional problems (see December 7-8, 2000). The opinion states that differing vote-counting standards from county to county and the lack of a single judicial officer to oversee the recount violate the equal-protection clause of the Constitution. The majority opinion effectively precludes Vice President Al Gore from attempting to seek any other recounts on the grounds that a recount could not be completed by December 12, in time to certify a conclusive slate of electors. The Court sends the case back to the Florida Supreme Court “for further proceedings not inconsistent with this opinion.” Four justices issue stinging dissents. Justice John Paul Stevens writes: “One thing… is certain. Although we may never know with complete certainty the identity of the winner of this year’s presidential election, the identity of the loser is perfectly clear. It is the nation’s confidence in the judge as an impartial guardian of the rule of law.” Justice Stephen G. Breyer adds that “in this highly politicized matter, the appearance of a split decision runs the risk of undermining the public’s confidence in the court itself.” [Per Curiam (Bush et al v. Gore et al), 12/12/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Drafting Opinions - After oral arguments concluded the day before, Chief Justice William Rehnquist said that if they were to remand the case back to Florida, that order must go out immediately in light of the approaching deadline for certification of results; Stevens quickly wrote a one-paragraph opinion remanding the case back to Florida and circulated it, though with no real hope that it would be adopted. The five conservative justices are determined to reverse the Florida decision. For the rest of the evening and well into the next day, December 12, the justices work on their opinions. Stevens prepares the main dissent, with the other three liberal justices preparing their own concurrences. Stevens and Justice Ruth Bader Ginsburg find no support whatsoever for the equal-protection argument, and say so in their writings. Justices Breyer and David Souter give the idea some weight; Souter says that the idea of uniform standards is a good one, but these standards should be created and imposed by the Florida judiciary or legislature. Stopping the recounts solves nothing, he writes. It soon becomes apparent that neither Kennedy nor O’Connor share Rehnquist’s ideas on the jurisdiction of the Florida court, and will not join him in that argument. Kennedy writes the bulk of the majority opinion; as predicted, his opinion focuses primarily on the equal-protection clause of the Constitution. The liberal justices and clerks find Kennedy’s reasoning that stopping the recounts is the only way to ensure equal protection entirely unconvincing. Anthony Scalia circulates a sealed memo complaining about the tone of some of the dissents, asking that the dissenters not call into question the Court’s credibility. (His memo prompts Ginsburg to remove a footnote from her dissent commenting on Florida’s disenfranchised African-American voters; some of the liberal clerks see the incident as Ginsburg being bullied into compliance by Scalia. Subsequent investigations show that thousands of legitimate African-Americans were indeed disenfranchised—see November 7, 2000.) Kennedy sends a memo accusing the dissenters of “trashing the Court,” and says that the dissenters actually agree with his equal-protection argument far more than they want to admit. When he has a line inserted into his opinion reading, “Eight Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy,” some of Stevens’s clerks angrily telephone Kennedy’s clerks and accuse them of misrepresenting Stevens’s position. They demand that the line be removed. Kennedy refuses, and Stevens rewrites his opinion so that he is no longer associated with the position. Kennedy is forced to rewrite the statement to say that “seven,” not “eight” justices agree with his position. One of Stevens’s clerks, Eduardo Penalver, tells Kennedy clerk Grant Dixton that what Kennedy had done was disgusting and unprofessional. Breyer and his clerks are also unhappy about Kennedy’s assertion, but take no action. The line prompts many in the media to claim, falsely, that the decision is a 7-2 split and not a 5-4. The main document, a short unsigned opinion halting the recounts, is written by Kennedy. Two portions are particularly notable: Kennedy’s assertion that the ruling applies only to Bush, and not to future decisions; and that the Court had only reluctantly accepted the case. “That infuriated us,” one liberal clerk later recalls. “It was typical Kennedy bullsh_t, aggrandizing the power of the Court while ostensibly wringing his hands about it.” Rehnquist, Scalia, and Justice Clarence Thomas join the decision, though Scalia is unimpressed with Kennedy’s writing and reasoning. Reportedly, he later calls it a “piece of sh_t,” though he will deny making the characterization.
Lack of Consensus - The lack of consensus between the conservative justices is relatively minor. Among the four liberal justices, though, it is quite pronounced—though all four wish not to end the recounts, only Stevens has a strong position and has stayed with it throughout the process. Souter, Ginsburg, and Breyer were far less certain of their opposition, and resultingly, their dissents, unlike the impassioned Stevens dissent, are relatively pallid. Some of the liberal clerks say that the four’s lack of consensus helped the solid conservative majority stay solid: “They gave just enough cover to the five justices and their defenders in the press and academia so that it was impossible to rile up the American people about these five conservative ideologues stealing the election.”
Final Loss - Gore, reading the opinion, finally realizes that he and his campaign never had a chance with the five conservative justices, though they had hoped that either O’Connor or Kennedy would join the four liberals (see (November 29, 2000)). He congratulates his legal team, led by David Boies, and commends it for making it so difficult for the Court to justify its decision. Some reports will circulate that Souter is depressed over the decision, with Newsweek reporting that he later tells a group of Russian judges that the decision was “the most outrageous, indefensible thing” the Court had ever done. He also reportedly says that had he had “one more day,” he could have convinced Kennedy to turn. However, Souter will deny the reports, and those who know him will say that such comments would be out of character for him. For her part, O’Connor will express surprise that anyone could be angry over the decision. As for Scalia, some Court observers believe that his open partisanship during the process will cost him any chance he may have had to be named chief justice. [Vanity Fair, 10/2004]

Entity Tags: David Souter, William Rehnquist, David Boies, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, US Supreme Court, Stephen Breyer, Ruth Bader Ginsburg, Clarence Thomas, George W. Bush presidential campaign 2000, George W. Bush, Florida Supreme Court, John Paul Stevens, Grant Dixton, Sandra Day O’Connor, Eduardo Penalver

Timeline Tags: 2000 Elections, Civil Liberties

Al Gore giving his concession speech. His running mate, Joe Lieberman, and Gore and Lieberman family members look on.Al Gore giving his concession speech. His running mate, Joe Lieberman, and Gore and Lieberman family members look on. [Source: Authentic History]Vice President Al Gore is out of options after the US Supreme Court halted all Florida recounts (see 9:54 p.m. December 12, 2000). He orders his Florida recount committee to suspend its activities. At 9:00 p.m., Gore, accompanied by his wife Tipper, his vice-presidential running mate Joe Lieberman, and Lieberman’s wife Hadassah, gives a nationally broadcast speech. He tells the nation he accepts George W. Bush as the legitimate 43rd president of the United States. “This is America, and we put country before party,” he tells viewers. For his part, Bush pledges to deliver reconciliation and unity to a divided nation in his acceptance speech, saying “our nation must rise above a house divided.” However, Bush immediately indicates that he will seek to reform Social Security and Medicare, two issues guaranteed to cause division among Americans. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: Hadassah Lieberman, Al Gore presidential campaign 2000, George W. Bush, Joseph Lieberman, US Supreme Court, Albert Arnold (“Al”) Gore, Jr., Mary Elizabeth (“Tipper”) Gore

Timeline Tags: 2000 Elections

George W. Bush taking the oath of office.George W. Bush taking the oath of office. [Source: White House/ Wally McNamara]George W. Bush is inaugurated as president, replacing President Bill Clinton. Bush is sworn in after a tumultuous, sharply disputed election that ended with a US Supreme Court decision in his favor (see 9:54 p.m. December 12, 2000). He takes the oath of office on the same Bible his father, George H.W. Bush, used in his own 1989 inauguration; the oath is administered by Chief Justice William Rehnquist. In his brief inaugural address, delivered outside the US Capitol, Bush asks Americans to “a commitment to principle with a concern for civility.… Civility is not a tactic or a sentiment. It is the determined choice of trust over cynicism, of community over chaos.” In words apparently chosen to reflect on the criticisms surrounding former President Clinton and his notorious affair with White House intern Monica Lewinsky, Bush says, “I will live and lead by these principles—to advance my convictions with civility, to pursue the public interest with courage, to speak for greater justice and compassion, to call for responsibility, and try to live it as well.” He continues addressing the American people, saying: “I ask you to be citizens. Citizens, not spectators. Citizens, not subjects. Responsible citizens, building communities of service and a nation of character.” At a post-ceremonial luncheon, Bush issues a series of executive orders, some designed to block or roll back several Clinton-era regulations. He also acknowledges that because of the election turmoil, many Americans believe “we can’t get anything done… nothing will happen, except for finger-pointing and name-calling and bitterness.” He then says: “I’m here to tell the country that things will get done. Republicans and Democrats will come together to do what’s right for America.” [New York Times, 1/21/2001]
Thousands of Protesters - Thousands of protesters line the streets during Bush’s ceremonial drive to the Capitol, a fact not heavily reported by many press outlets. Salon reports, “Not since Richard Nixon paraded down Pennsylvania Avenue in 1973 has a presidential inauguration drawn so many protesters—and last time, people were out to protest the Vietnam War.” Though Capitol Police refuse to estimate the size of the crowd lining the street, Salon reports that “many thousands of protesters were in evidence.” Liz Butler of the Justice Action Movement, the umbrella organization that helped coordinate the protests, says: “The level of people on the streets shows that people are really upset about lack of democratic process. They took it to the streets. We saw tens of thousands. We saw far more protesting Bush than supporting him.” Some of the people on the streets are Bush supporters, but many more are not, and carry signs such as “Bush Cheated,” “Hail to the Thief,” “Bush—Racism,” “Bushwhacked by the Supremes,” and others. The crowd, though outspoken in its protests and unrestrained in its heckling of Bush and Vice President Dick Cheney, is generally peaceful, and no serious violence is reported, though a few minor altercations do take place, and large contingents of police in riot gear—including personnel from every police department in the District of Columbia as well as the Bureau of Alcohol, Tobacco and Firearms and from departments in Maryland and Virginia—are on hand. At least one protester throws an egg at the limousine transporting Bush, Cheney, and their families to the inaugural ceremonies; perhaps in response to the protests, Bush breaks with tradition laid down by earlier presidents and does not walk any large portion of the parade route. Nine people are arrested for disorderly conduct, most for allegedly throwing bottles and other debris. Bulter says: “Of course, we’re ashamed that Bush has decided to be a ‘uniter’ by uniting people against him. They all chose to come out in the freezing rain—even the weather couldn’t stop these people.” Protester Mary Anne Cummings tells a reporter: “I think it’s important to remind the incoming administration the country does not want a right-wing mandate. They did not vote for a right-wing mandate.” [Salon, 1/20/2001; CNN, 1/20/2001; New York Times, 1/21/2001] Thousands of protesters march in San Francisco, Los Angeles, and other cities as well. [CNN, 1/20/2001]

John Derbyshire.John Derbyshire. [Source: John Derbyshire]National Review columnist John Derbyshire “satirically” advocates the murder of Chelsea Clinton, the only daughter of Bill and Hillary Clinton, in order to stamp out the Clinton bloodline once and for all. Former President Clinton has left the White House, to spend the rest of his life “goosing waitresses [and] defending himself in court.” Hillary “has no future beyond the US Senate… [she is] maxed out.” But, he warns, “Clintonism may yet rise again.… On February 27th, Chelsea Clinton will turn 21.”
'I Hate Chelsea Clinton' - Derbyshire confesses: “I hate Chelsea Clinton. I admit it’s not easy to justify my loathing of this person. I can pick out causes, but none of them is one hundred per cent rational.… I admit, I hate Chelsea because she is a Clinton.” After noting the negative reactions to his previous attack on the younger Clinton’s physical appearance, he acknowledges that she hasn’t committed the “array of crimes” her father is allegedly responsible for, but “she doesn’t deserve any credit for not having done these things; she just hasn’t had time yet.” He writes that since she was 18, she has “sign[ed] on to the Great Clinton Project. Which is, has always been, and forever will be, to enrich the family from the public fisc, and to lie, bomb, bribe, and intimidate your way out of trouble when necessary.”
'Sippenhaft' - Derbyshire notes that in totalitarian societies of the past, many people were executed merely because of their family connections, and says the same should be considered for Chelsea Clinton. “Chelsea is a Clinton,” he writes. “She bears the taint; and though not prosecutable in law, in custom and nature the taint cannot be ignored. All the great despotisms of the past—I’m not arguing for despotism as a principle, but they sure knew how to deal with potential trouble—recognized that the families of objectionable citizens were a continuing threat. In Stalin’s penal code it was a crime to be the wife or child of an ‘enemy of the people.’ The Nazis used the same principle, which they called Sippenhaft, ‘clan liability.’ In Imperial China, enemies of the state were punished ‘to the ninth degree’: that is, everyone in the offender’s own generation would be killed, and everyone related via four generations up, to the great-great-grandparents, and four generations down, to the great-great-grandchildren, would also be killed.… We don’t, of course, institutionalize such principles in our society, and a good thing too. Our humanity and forbearance, however, has a cost. The cost is that the vile genetic inheritance of Bill and Hillary Clinton may live on to plague us in the future. It isn’t over, folks.” [National Review, 2/15/2001]
'Hysterical Idiots' - After a week of angry criticism, Derbyshire will write a column defending his original column as “satire,” blaming “liberals” for “missing the joke,” and admitting his column “wasn’t meant to be a thigh-slapper. I had a point to make: There could be another Clinton in our future, and on present evidence (admittedly rather scant), it would be a chip off the old block. That’s fair comment. However, my tone was partly tongue in cheek.… Humor and irony are especially tricky.” He asks, rhetorically, if he intends to apologize, and answers himself: “In your dreams. I make it a point of principle never to apologize to hysterical idiots.” [National Review, 2/22/2001]

Entity Tags: William Jefferson (“Bill”) Clinton, Chelsea Clinton, John Derbyshire, Hillary Clinton, National Review

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

The cover of Jake Tapper’s book ‘Down and Dirty.’The cover of Jake Tapper’s book ‘Down and Dirty.’ [Source: OpenLibrary (.org)]Salon reporter Jake Tapper publishes his book on the 2000 presidential elections, titled Down and Dirty: The Plot to Steal the Presidency. In it, Tapper observes that the proof of the resiliency of American democracy comes in the fact that George W. Bush ascended to the presidency in a peaceful manner. The events in Florida that determined the Bush “victory,” from the initial dispute over who won the popular vote (see Early Morning, November 8, 2000 and Mid-Morning, November 8, 2000) to the Supreme Court’s decision to award the presidency to Bush (see 9:54 p.m. December 12, 2000), “brought out the ugliest side of every party in American politics,” Tapper writes. “Democrats were capricious, whiny, wimpy, and astoundingly incompetent. Republicans were cruel, presumptuous, indifferent, and disingenuous. Both were hypocritical—appallingly so at times. Both sides lied. Over and over and over. Far too many members of the media were sloppy, lazy, and out of touch. Hired-gun lawyers pursued their task of victory, not justice. The American electoral system was proven to be full of giant holes.” Democratic candidate Al Gore, Tapper writes, came across as “cold,” “ruthless,” duplicitous, and astonishingly out of touch with the electorate. Republican candidate Bush “was a brilliant schmoozer and deft liar” with the “intellectual inquisitiveness of your average fern,” betraying his fundamental ignorance about American government again and again during the campaign. “Both candidates were wanting,” Tapper writes. Of the actual results, Tapper observes: “We will never know who would have won Florida had all the ballots been hand-counted by their respective canvassing boards. Adding to the confusion were thousands of trashed or miscast ballots—including Palm Beach County’s infamous “butterfly ballot” (see November 9, 2000). We will never know who, therefore, truly was the choice of the most Floridians and who, therefore, really earned the state’s critical electoral votes and therefore the presidency.” [Tapper, 3/2001]

Entity Tags: County of Palm Beach (Florida), Albert Arnold (“Al”) Gore, Jr., Jake Tapper, US Supreme Court, George W. Bush

Timeline Tags: 2000 Elections

DVD cover illustration of the film ‘Soldiers in the Army of God.’DVD cover illustration of the film ‘Soldiers in the Army of God.’ [Source: HBO / St. Pete for Peace]Cable movie provider HBO airs a documentary, Soldiers in the Army of God, focusing on the violent anti-abortion movement (see 1982, Early 1980s, August 1982, and July 1988) and three of its leaders. National Public Radio airs a profile of the documentary, featuring an interview with the film’s producers, Marc Levin, Daphne Pinkerson, and Daniel Voll. According to Voll, the film focuses on three members of the “Army of God”: young recruit Jonathan O’Toole, who says he was looking for the most “radical” and “terroristic” anti-abortion group he could find; Neal Horsley, who runs an anti-abortion Web site; and long-haul trucker Bob Lokey, who recruits new members.
'Violent Fringe' of Anti-Abortion Opposition - Voll describes the three as part of the “violent fringe” of anti-abortion opposition: “These are the guys on the ground who are—whatever the words that politicians and other leaders of these cultural wars can put out there, these are the men who hear them and feel emboldened by them, who feel encouraged by each other, and they are every day praying for God’s will in their life.” Another unidentified man says: “Anybody who raises a weapon up against these people who are slaughtering these babies, before God and the entire world, right now I say you are doing God’s own work. And may the power of God be with you as you aim that rifle. You’re squeezing that trigger for Almighty God.” In the documentary, an unidentified anti-abortion activist says: “There are people in this world right now who are looking for directions on what do we do. Well, we end abortion on demand by the most direct means available to us. So stop the abortion with a bullet, if that’s what it takes. Stop it with a bomb, if that’ s what it takes. You stop abortion on demand. Don’t let it go any farther.” O’Toole says that the “next step is to arm ourselves in a militia, a real militia that has the power to resist the federal government.” Pinkerson says that O’Toole, who was 19 when he joined the Army of God, found Horsley on the Internet through Horsley’s Web site, “The Nuremberg Files,” which lists doctors who perform abortions (see January 1997). O’Toole became Horsley’s assistant, and through him met Lokey, who runs a Web site called “Save the Babies.” In the film, O’Toole, whom the producers speculate may eventually become an assassin of abortion providers, says that because of America’s legalization of abortion, the country has become like “Nazi Germany. It’s like you’ve got concentration camps around you.” Levin notes that filmed conversations between Horsley and Lokey show that many in the movement feel threatened by the concept of women’s equality, and blame men’s failure to exert “dominion” over women as part of the reason why the US legalized abortion. [National Public Radio, 3/30/2001; Womens eNews, 3/30/2001]
Opposition to Homosexuality - Horsley draws a connection between the organization’s opposition to abortion and the American citizenry’s supposed opposition to homosexuality, saying: “If the American people woke up, and realized that they had to choose between legalized abortion, legalized homosexuality, and legalized all the rest of the desecration or civil war which would cause the rivers to run red with blood—hey, you know we will see legalized abortion go like that! We’ll see legalized homosexuality go like that! Because the American people are not willing to die for homosexuals.”
Bringing Bomb-Making Materials to Washington - The film also shows Lokey bragging to convicted clinic bomber Michael Bray (see September 1994) that he has just trucked 45,000 pounds of ammonium nitrate, a substance that can be used to make “fertilizer bombs” similar to the one that destroyed an Oklahoma City federal building (see 8:35 a.m. - 9:02 a.m. April 19, 1995), into Washington, DC.
Anti-Abortion Opposition Part of an 'Apocalyptic' Death Struggle - Author and reporter Frederick Clarkson writes: “At once shocking, compelling, and beautifully made, the film is essentially the national television debut for the aboveground spokesmen and spokeswomen of the Army of God.… Horsley and others are quite clear in their public statements and their writings that the attacks on clinics and the murders of doctors are but warning shots in what they envision as an epochal, even an apocalyptic struggle at hand. Either Americans conform to their view of God’s laws, or there will be a blood bath, they say. And there is no evidence that they are anything but dead serious.” [Womens eNews, 3/30/2001]

Entity Tags: Michael Bray, Frederick Clarkson, Daphne Pinkerson, Daniel Voll, Bob Lokey, Army of God, Home Box Office, Marc Levin, Neal Horsley, National Public Radio, Jonathan O’Toole

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Conservative pundit and author David Horowitz labels the entire United Nations World Conference against Racism, Racial Discrimination, Xenophobia, and Related Intolerance as itself “racist.” Horowitz, in an appearance on Fox News’s Hannity and Colmes, refers to the conference, about to be held in Durban, South Africa, as being “run by Arab and African states… all of them, to a, to a state, practically, maybe there’s one that’s not a dictatorship, it’s racist.” He applauds the Bush administration’s decision not to send a senior representative to the conference. [Media Matters, 12/1/2004]

Entity Tags: Bush administration (43), United Nations World Conference against Racism, Racial Discrimination, Xenophobia, and Related Intolerance, David Horowitz

Timeline Tags: Domestic Propaganda

John Yoo.John Yoo. [Source: University of California, Berkeley]In a secret 15-page memo to Deputy White House Counsel Timothy Flanigan, Justice Department lawyer John Yoo, a deputy in the Office of Legal Counsel, reasons that it is “beyond question that the president has the plenary constitutional power to take such military actions as he deems necessary and appropriate to respond to the terrorist attacks” of 9/11. Those actions can be extensive. “The president may deploy military force preemptively against terrorist organizations or the states that harbor or support them,” Yoo writes, “whether or not they can be linked to the specific terrorist incidents of Sept. 11.… Force can be used both to retaliate for those attacks, and to prevent and deter future assaults on the nation. Military actions need not be limited to those individuals, groups, or states that participated in the attacks on the World Trade Center and the Pentagon.” The memo is solicited and overseen by White House lawyers.
Power Derives from Constitution, Congressional Authorization for War - This power of the president, Yoo states, rests both on the US Congress’ Joint Resolution of September 14 (see September 14-18, 2001) and on the War Powers Resolution of 1973. “Neither statute, however, can place any limits on the president’s determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response. These decisions, under our Constitution, are for the president alone to make.” (Most experts believe that the Constitution strictly limits the president’s power to declare and conduct war—see 1787).
Power More Extensive than Congress Authorized - Yoo argues further that the September 14 resolution does not represent the limits to the president’s authority. “We think it beyond question” that Congress cannot “place any limits on the president’s determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response. These decisions, under our Constitution, are for the president alone to make.” Congress’s “Joint Resolution is somewhat narrower than the president’s constitutional authority,” Yoo writes, as it “does not reach other terrorist individuals, groups, or states which cannot be determined to have links to the September 11 attacks.” The president’s broad power can be used against selected individuals suspected of posing a danger to the US, even though it may be “difficult to establish, by the standards of criminal law or even lower legal standards, that particular individuals or groups have been or may be implicated in attacks on the United States.” Yoo concludes: “[W]e do not think that the difficulty or impossibility of establishing proof to a criminal law standard (or of making evidence public) bars the president from taking such military measures as, in his best judgment, he thinks necessary or appropriate to defend the United States from terrorist attacks. In the exercise of his plenary power to use military force, the president’s decisions are for him alone and are unreviewable.”
'Unenumerated' Presidential Powers - Yoo even asserts that the president has more power than his memo claims: “[T]he president’s powers include inherent executive powers that are unenumerated in the Constitution,” including but not limited to the power to take the country to war without Congressional input. [US Department of Justice, 9/25/2001; Savage, 2007, pp. 121-122]
Memo Remains Secret for Three Years - The contents of this memo are not disclosed until mid-December 2004. [Newsweek, 12/18/2004; Newsweek, 12/27/2004]

Entity Tags: John C. Yoo, Bush administration (43), US Department of Justice, Office of Legal Counsel (DOJ), Timothy E. Flanigan

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Events Leading to Iraq Invasion, Civil Liberties

Representative Ron Paul (R-TX) says that newsletters printed for decades under his name that racially disparaged black lawmakers such as Representative Barbara Jordan (D-TX) were not actually written by him. He tells reporter S.C. Gwynne: “I could never say this in the campaign, but those words weren’t really written by me. It wasn’t my language at all. Other people help me with my newsletter as I travel around. I think the one on Barbara Jordan was the saddest thing, because Barbara and I served together and actually she was a delightful lady.” (Paul’s newsletter called Jordan “Barbara Morondon” and the “archetypical half-educated victimologist” whose “race and sex protect her from criticism.”) The item slighting Jordan was published, Paul says, because “we wanted to do something on affirmative action, and it ended up in the newsletter and became personalized. I never personalize anything.” He attempts to explain why he never publicized his claimed lack of involvement with his own newsletter, saying: “They were never my words, but I had some moral responsibility for them.… I actually really wanted to try to explain that it doesn’t come from me directly, but they [campaign aides] said that’s too confusing. ‘It appeared in your letter and your name was on that letter and therefore you have to live with it.’” Gwynne writes: “It is a measure of his stubbornness, determination, and ultimately his contrarian nature that, until this surprising volte-face in our interview, he had never shared this secret. It seems, in retrospect, that it would have been far, far easier to have told the truth at the time.” [Texas Monthly, 10/1/2001; Reason, 1/11/2008] In 1996, Paul admitted to writing the newsletters (see May 22 - October 11, 1996). In 2008, a New Republic article (see January 8-15, 2008) will document a raft of crudely racist, homophobic, anti-Semitic, and far-right conspiratorial content from years’ worth of Paul’s newsletters (see 1978-1996).

Entity Tags: Ron Paul, S.C. Gwynne, Barbara Jordan

Timeline Tags: Domestic Propaganda

The Justice Department’s John Yoo, an official in the Office of Legal Counsel (OLC), issues a secret opinion regarding legal statutes governing the use of certain interrogation techniques. The opinion will not be made public; its existence will not be revealed until October 18, 2007, when future OLC head Steven Bradbury will note its existence as part of an American Civil Liberties Union (ACLU) lawsuit. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: US Department of Justice, American Civil Liberties Union, John C. Yoo, Office of Legal Counsel (DOJ), Steven Bradbury

Timeline Tags: Civil Liberties

John Yoo, a deputy assistant attorney general in the Justice Department’s Office of Legal Counsel, and OLC special counsel Robert Delahunty issue a joint memo to White House counsel Alberto Gonzales. The memo claims that President Bush has sweeping extraconstitutional powers to order military strikes inside the US if he says the strikes are against suspected terrorist targets. In the days following the 9/11 attacks, Gonzales asked if Bush could legally order the military to combat potential terrorist activity within the US. The memo is first revealed to exist seven years later (see April 2, 2008) after future OLC head Steven Bradbury acknowledges its existence to the American Civil Liberties Union; it will be released two months after the Bush administration leaves the White House (see March 2, 2009). [US Department of Justice, 10/23/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009]
Granting Extraordinary, Extraconstitutional Authority to Order Military Actions inside US - Yoo and Delahunty’s memo goes far past the stationing of troops to keep watch at airports and around sensitive locations. Instead, the memo says that Bush can order the military to conduct “raids on terrorist cells” inside the US, and even to seize property. “The law has recognized that force (including deadly force) may be legitimately used in self-defense,” they write. In 2009, Reuters will write, “The US military could have kicked in doors to raid a suspected terrorist cell in the United States without a warrant” under the findings of the OLC memo. “We do not think that a military commander carrying out a raid on a terrorist cell would be required to demonstrate probable cause or to obtain a warrant,” Yoo and Delahunty write. [US Department of Justice, 10/23/2001 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009] The memo reasons that since 9/11, US soil can be legally construed as being a battlefield, and Congress has no power to restrict the president’s authority to confront enemy tactics on a battlefield. [Savage, 2007, pp. 131]
No Constitutional or Other Legal Protections - “[H]owever well suited the warrant and probable cause requirements may be as applied to criminal investigations or to other law enforcement activities, they are unsuited to the demands of wartime and the military necessity to successfully prosecute a war against an enemy. [Rather,] the Fourth Amendment does not apply to domestic military operations designed to deter and prevent foreign terrorist attacks.” Any objections based on the Fourth Amendment’s ban on unreasonable search and seizures would be invalid since whatever possible infringement on privacy would be trumped by the need to protect the nation from injury by deadly force. The president is “free from the constraints of the Fourth Amendment.” The Posse Comitatus Act, which bars the military from operating inside the US for law enforcement purposes, is also moot, the memo says, because the troops would be acting in a national security function, not as law enforcement. [US Department of Justice, 10/23/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009; Ars Technica, 3/2/2009] There are virtually no restrictions on the president’s ability to use the military because, Yoo and Delahunty write, the nation is in a “state of armed conflict.” The scale of violence, they argue, is unprecedented and “legal and constitutional rules” governing law enforcement, even Constitutional restrictions, no longer apply. The US military can be used for “targeting and destroying” hijacked airplanes, they write, or “attacking civilian targets, such as apartment buildings, offices, or ships where suspected terrorists were thought to be.” The memo says, “Military action might encompass making arrests, seizing documents or other property, searching persons or places or keeping them under surveillance, intercepting electronic or wireless communications, setting up roadblocks, interviewing witnesses, or searching for suspects.” [Newsweek, 3/2/2009] Yoo writes that the Justice Department’s criminal division “concurs in our conclusion” that federal criminal laws do not apply to the military during wartime. The criminal division is headed by Michael Chertoff, who will become head of the Department of Homeland Security. [Washington Post, 4/4/2008]
Sweeping Away Constitutional Rights - Civil litigator Glenn Greenwald will later note that the memo gives legal authorization for President Bush to deploy the US military within US borders, to turn it against foreign nationals and US citizens alike, and to render the Constitution’s limits on power irrelevant and non-functional. Greenwald will write, “It was nothing less than an explicit decree that, when it comes to presidential power, the Bill of Rights was suspended, even on US soil and as applied to US citizens.”
Justifying Military Surveillance - Greenwald will note that the memo also justifies the administration’s program of military surveillance against US citizens: “[I]t wasn’t only a decree that existed in theory; this secret proclamation that the Fourth Amendment was inapplicable to what the document calls ‘domestic military operations’ was, among other things, the basis on which Bush ordered the NSA, an arm of the US military, to turn inwards and begin spying—in secret and with no oversight—on the electronic communications (telephone calls and emails) of US citizens on US soil” (see December 15, 2005 and Spring 2004). “If this isn’t the unadorned face of warped authoritarian extremism,” Greenwald will ask, “what is?” [Salon, 3/3/2009] If the president decides to use the military’s spy agency to collect “battlefield intelligence” on US soil, no law enacted by Congress can regulate how he goes about collecting that information, including requiring him to get judicial warrants under the Foreign Intelligence Surveillance Act (FISA). In 2007, Yoo will say in an interview: “I think there’s a law greater than FISA, which is the Constitution, and part of the Constitution is the president’s commander in chief power. Congress can’t take away the president’s powers in running war.” [Savage, 2007, pp. 131; PBS Frontline, 5/15/2007] Cheney and Addington will push the NSA to monitor all calls and e-mails, including those beginning and ending on US soil, but the NSA will balk. Domestic eavesdropping without warrants “could be done and should be done,” Cheney and Addington argue, but the NSA’s lawyers are fearful of the legal repercussions that might follow once their illegal eavesdropping is exposed, with or without the Justice Department’s authorization. The NSA and the White House eventually reach a compromise where the agency will monitor communications going in and out of the US, but will continue to seek warrants for purely domestic communications (see Spring 2001, After September 11, 2001, and October 2001). [Savage, 2007, pp. 131]
Military Use Considered - In 2009, a former Bush administration lawyer will tell a reporter that the memo “gave rise to the Justice Department discussing with the Defense Department whether the military could be used to arrest people and detain people inside the United States. That was considered but rejected on at least one occasion.” The lawyer will not give any indication of when this will happen, or to whom. Under the proposal, the suspects would be held by the military as “enemy combatants.” The proposal will be opposed by the Justice Department’s criminal division and other government lawyers and will ultimately be rejected; instead, the suspects will be arrested under criminal statutes. [Los Angeles Times, 3/3/2009]

Entity Tags: Steven Bradbury, US Department of Homeland Security, US Department of Defense, Robert J. Delahunty, Office of Legal Counsel (DOJ), Bush administration (43), Michael Chertoff, Alberto R. Gonzales, National Security Agency, American Civil Liberties Union, Glenn Greenwald, George W. Bush, US Department of Justice, John C. Yoo

Timeline Tags: Civil Liberties

John Yoo, the Justice Department’s (DOJ) Office of Legal Counsel (OLC) deputy assistant attorney general, sends a classified memo to Attorney General John Ashcroft justifying warrantless surveillance of US persons. The National Security Agency (NSA)‘s domestic surveillance authorized by President Bush (see October 4, 2001, Early 2002, and December 15, 2005) will come to be publicly referred to as the President’s Surveillance Program (PSP). This is not the first Yoo memo supporting warrantless surveillance (see September 25, 2001), but a 2009 report on the PSP jointly issued by the inspectors general (IGs) of the Department of Defense (DOD), DOJ, CIA, National Security Agency (NSA), and Office of the Director of National Intelligence (ODNI) will refer to it as “[t]he first OLC opinion directly supporting the legality of the PSP.” The IGs’ report will quote from and comment on the memo, noting that “deficiencies in Yoo’s memorandum identified by his successors in the Office of Legal Counsel and the Office of the Deputy Attorney General later became critical to DOJ’s decision to reassess the legality of the program in 2003.” According to the IGs’ report, Yoo asserts that warrantless surveillance is constitutional as long as it is “reasonable” under the Fourth Amendment, which only protects against “unreasonable searches and siezures.” On this point, the IGs’ report will note that Yoo’s successors were troubled by his failure to discuss the Supreme Court’s decision in Youngstown Sheet & Tube Co. v. Sawyer (1952), which found the president’s wartime authority to be limited. His memo does acknowledge that the Foreign Intelligence Surveillance Act (FISA) “purports to be the exclusive statutory means for conducting electronic surveillance for foreign intelligence,” but asserts that it is only a “safe harbor for electronic surveillance” because it cannot “restrict the president’s ability to engage in warrantless searches that protect the national security.” Yoo also writes that Congress has not “made a clear statement in FISA that it sought to restrict presidential authority to conduct warrantless searches in the national security area.” The IGs’ report will state that Yoo’s successors considered this problematic because Yoo has omitted discussion of the fact that FISA explicitly authorizes the president to conduct warrantless surveillance during the first 15 days following a declaration of war by Congress, which they considered an expression of Congress’s intent to restrict warrantless surveillance to a limited period of time and specific circumstances. The IGs’ report will also state that Yoo’s memo discusses “the legal rationale for Other Intelligence Activities authorized as part of the PSP,” and that Yoo concludes, “[W]e do not believe that Congress may restrict the president’s inherent constitutional powers, which allow him to gather intelligence necessary to defend the nation from direct attack.” The IGs’ report will say that “Yoo’s discussion of some of the Other Intelligence Activities did not accurately describe the scope of these activities,” and that Yoo’s successors considered his discussion of these other activities to be “insufficient and presenting a serious impediment to recertification of the program as to form and legality.” [Inspectors General, 7/10/2009, pp. pp. 11-13]
Memo's Existence Revealed by ACLU Lawsuit - On December 15, 2005, the New York Times will report that Bush authorized an NSA warrantless domestic surveillance program after the 9/11 attacks (see December 15, 2005). The American Civil Liberties Union (ACLU) will request records pertaining to the program under the Freedom of Information Act (FOIA) and then sue the Justice Department for the release of records. The existence of Yoo’s November 2 memo will first be revealed in an October 19, 2007 deposition filed by then head of the OLC Steven Bradbury in response to the ACLU lawsuit, which says that it “[concerns] the legality of certain communications intelligence activities.” After the 2009 release of the IGs’ report the ACLU will notify the court and the government will agree to reprocess four OLC memos, including Yoo’s November 2 memo. This memo and a May 6, 2004 memo by Yoo’s OLC successor Jack Goldsmith that disputes many of Yoo’s conclusions will be released in heavily redacted form on March 18, 2011. [ACLU.org, 2/7/2006; United States District Court of DC, 10/19/2007; American Civil Liberties Union, 3/19/2011]
Constitutional Experts Dispute Yoo's Legal Rationale - Numerous authorities on the law will question or reject the legal bases for warrantless domestic surveillance. In 2003, Yoo will leave the OLC. Goldsmith will begin a review of the PSP, after which he will conclude it is probably illegal in some respects and protest, within the executive branch, its continuation (see Late 2003-Early 2004 and December 2003-June 2004). Following the public disclosure of its existence, a January 5, 2006 report by the Congressional Research Service will find it to be of dubious legality (see January 5, 2006). On January 19, 2006, the DOJ will issue a 42-page white paper laying out the legal bases for the program (see January 19, 2006). These bases will be reviewed and rejected by 14 constitutional scholars and former government officials in a joint letter to Congress on February 2, 2006. [al [PDF], 2/2/2006 pdf file] The American Bar Association will adopt a resolution on February 13, 2006 that rejects DOJ’s arguments and calls on Congress to investigate the program. [Delegates, 2/13/2006 pdf file] On August 17, 2006, in the case ACLU v. NSA, US district judge Anna Diggs Taylor will reject the government’s invocation of the “state secrets privilege” and its argument that plaintiffs’ lack standing due to their being unable to prove they were surveilled, and will rule that warrantless surveillance is in violation of “the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA, and Title III” (see August 17, 2006). Taylor’s ruling will be overturned on appeal, on the grounds that the plaintiffs lack standing as they cannot prove that surveillance has occurred. In another case, Al Haramain v. Barack Obama, the government will make the same arguments, but US district judge Vaughn Walker will reject these and conclude in 2010 that illegal surveillance occurred (see March 31, 2010). [Al-Haramain v. Obama, 3/31/2010]

Entity Tags: Steven Bradbury, Vaughn Walker, Ronald Dworkin, George W. Bush, John C. Yoo, American Bar Association, Office of Legal Counsel (DOJ), American Civil Liberties Union, John Ashcroft, Anna Diggs Taylor, US Department of Justice

Timeline Tags: Civil Liberties

John Yoo, a lawyer with the Justice Department’s Office of Legal Counsel (OLC), writes a legal opinion that claims the attorney general, under Executive Order 12333 (see December 4, 1981), can grant the deputy attorney general the legal authority to approve the use of surveillance techniques for which a warrant would be required for law enforcement purposes. [US Department of Justice, 11/5/2001; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), US Department of Justice, John C. Yoo

Timeline Tags: Civil Liberties

John Yoo, a lawyer for the Justice Department’s Office of Legal Counsel and a member of Vice President Cheney’s ad hoc legal team tasked to radically expand the power of the presidency, writes a legal brief declaring that President Bush does not need approval from Congress or the federal courts for denying suspected terrorists access to US courts, and instead can be tried in military commissions (see (After 10:00 a.m.) September 11, 2001). Two other team members, Cheney’s chief of staff David Addington and White House deputy counsel Timothy Flanigan, have decided that the government bureaucrats need to see that Bush can and will act, in the words of author Craig Unger, “without their blessing—and without the interminable process that goes along with getting that blessing.” Yoo’s opinion is a powerful object lesson. Yoo later says that he saw no need to seek the opinion of the State Department’s lawyers; that department hosts the archives of the Geneva Conventions and its lawyers are among the government’s top experts on the laws of war. “The issue we dealt with was: Can the president do it constitutionally?” Yoo will say. “State—they wouldn’t have views on that.” Neither does Yoo see a need to consult with his own superiors at the Justice Department. Attorney General John Ashcroft is livid upon learning that the draft gives the Justice Department no say in which alleged terrorists will be tried in military commissions. According to witnesses, Ashcroft confronts Cheney and David Addington over the brief, reminding Cheney that he is the president’s senior law enforcement officer; he supervises the FBI and oversees terrorism prosecutions throughout the nation. The Justice Department must have a voice in the tribunal process. He is enraged, participants in the meeting recall, that Yoo had recommended otherwise as part of the White House’s strategy to deny jurisdiction to the courts. Ashcroft talks over Addington and brushes aside interjections from Cheney: “The thing I remember about it is how rude, there’s no other word for it, the attorney general was to the vice president,” one participant recalls. But Cheney refuses to acquiesce to Ashcroft’s objections. Worse for Ashcroft, Bush refuses to discuss the matter with him, leaving Cheney as the final arbiter of the matter. In the following days, Cheney, a master of bureaucratic manipulation, will steer the new policy towards Bush’s desk for approval while avoiding the usual, and legal, oversight from the State Department, the Justice Department, Congress, and potentially troublesome White House lawyers and presidential advisers. Cheney will bring the order to Bush for his signature, brushing aside any involvement by Ashcroft, Secretary of State Colin Powell, or National Security Adviser Condoleezza Rice (see November 11-13, 2001). [Unger, 2007, pp. 222-223; Washington Post, 6/24/2007]

Entity Tags: John C. Yoo, Craig Unger, Condoleezza Rice, Colin Powell, David S. Addington, George W. Bush, John Ashcroft, US Department of State, Timothy E. Flanigan, US Department of Justice, Richard (“Dick”) Cheney, Office of Legal Counsel (DOJ)

On Fox News’s Hannity and Colmes talk show, conservative pundit and author David Horowitz calls the Huntington Beach, California, public school district “racist.” Horowitz is objecting to Huntington Beach’s enforcement of racial-balancing policies that prevent white children from transferring out of certain schools and black children from transferring in. Horowitz says: “What’s going on here, it’s probably a class issue. But we don’t even know why these parents—first of all, it’s racist. The school district is racist.” When civil rights activist Lawrence Guyot attempts to refute Horowitz’s claims, Horowitz calls him a “racialist,” saying, “How can we settle the racial problem when we have racialists like Lawrence out there agitating to make every problem a racial problem?” [Media Matters, 12/1/2004]

Entity Tags: Lawrence Guyot, David Horowitz

Timeline Tags: Domestic Propaganda

After years of battling Republican filibuster efforts and other Congressional impediments, the Bipartisan Campaign Reform Act of 2002 is signed into law. Dubbed the “McCain-Feingold Act” after its two Senate sponsors, John McCain (R-AZ) and Russ Feingold (D-WI), when the law takes effect after the 2002 midterm elections, national political parties will no longer be allowed to raise so-called “soft money” (unregulated contributions) from wealthy donors. The legislation also raises “hard money” (federal money) limits, and tries, with limited success, to eliminate so-called “issue advertising,” where organizations not directly affiliated with a candidate run “issues ads” that promote or attack specific candidates. The act defines political advertising as “electioneering communication,” and prohibits advertising paid for by corporations or by an “unincorporated entity” funded by corporations or labor unions (with exceptions—see June 25, 2007). To a lesser extent, the BCRA also applies to state elections. In large part, it supplants the Federal Election Campaign Act (FECA—see February 7, 1972, 1974, May 11, 1976, and January 8, 1980). [Federal Election Commission, 2002; Center for Responsive Politics, 2002 pdf file; Connecticut Network, 2006 pdf file]
Bush: Bill 'Far from Perfect' - Calling the bill “far from perfect,” President Bush signs it into law, taking credit for the bill’s restrictions on “soft money,” which the White House and Congressional Republicans had long opposed. Bush says: “This legislation is the culmination of more than six years of debate among a vast array of legislators, citizens, and groups. Accordingly, it does not represent the full ideals of any one point of view. But it does represent progress in this often-contentious area of public policy debate. Taken as a whole, this bill improves the current system of financing for federal campaigns, and therefore I have signed it into law.” [Center for Responsive Politics, 2002 pdf file; White House, 3/27/2002]
'Soft Money' Ban - The ban on so-called “soft money,” or “nonfederal contributions,” affects contributions given to political parties for purposes other than supporting specific candidates for federal office (“hard money”). In theory, soft money contributions can be used for purposes such as party building, voter outreach, and other activities. Corporations and labor unions are prohibited from giving money directly to candidates for federal office, but they can give soft money to parties. Via legal loopholes and other, sometimes questionable, methodologies, soft money contributions can be used for television ads in support of (or opposition to) a candidate, making the two kinds of monies almost indistinguishable. The BCRA bans soft money contributions to political parties. National parties are prohibited from soliciting, receiving, directing, transferring, and spending soft money. State and local parties can no longer spend soft money for any advertisements or other voter communications that identify a candidate for federal office and either promote or attack that candidate. Federal officeholders and candidates cannot solicit, receive, direct, transfer, or spend soft money in connection with any election. State officeholders and candidates cannot spend soft money on any sort of communication that identifies a candidate for federal office and either promotes or attacks that candidate. [Legal Information Institute, 12/2003; ThisNation, 2012]
Defining 'Issue Advertisements' or 'Electioneering Communications' - In a subject related to the soft money section, the BCRA addresses so-called “issue advertisements” sponsored by outside, third-party organizations and individuals—in other words, ads by people or organizations who are not candidates or campaign organizations. The BCRA defines an “issue ad,” or as the legislation calls it, “electioneering communication,” as one that is disseminated by cable, broadcast, or satellite; refers to a candidate for federal office; is disseminated in a particular time period before an election; and is targeted towards a relevant electorate with the exception of presidential or vice-presidential ads. The legislation anticipates that this definition might be overturned by a court, and provides the following “backup” definition: any broadcast, cable, or satellite communication which promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate).
Corporation and Labor Union Restrictions - The BCRA prohibits corporations and labor unions from using monies from their general treasuries for political communications. If these organizations wish to participate in a political process, they can form a PAC and allocate specific funds to that group. PAC expenditures are not limited.
Nonprofit Corporations - The BCRA provides an exception to the above for “nonprofit corporations,” allowing them to fund electioneering activities and communications from their general treasuries. These nonprofits are subject to disclosure requirements, and may not receive donations from corporations or labor unions.
Disclosure and Coordination Restrictions - This part of the BCRA amends the sections of FECA that addresses disclosure and “coordinated expenditure” issues—the idea that “independent” organizations such as PACs could coordinate their electioneering communications with those of the campaign it supports. It includes the so-called “millionaire provisions” that allow candidates to raise funds through increased contribution limits if their opponent’s self-financed personal campaign contributions exceed a certain amount.
Broadcast Restrictions - The BCRA establishes requirements for television broadcasts. All political advertisements must identify their sponsor. It also modifies an earlier law requiring broadcast stations to sell airtime at its lowest prices. Broadcast licensees must collect and disclose records of purchases made for the purpose of political advertisements.
Increased Contribution Limits - The BCRA increases contribution limits. It also bans contributions from minors, with the idea that parents would use their children as unwitting and unlawful conduits to avoid contribution limits.
Lawsuits Challenge Constitutionality - The same day that Bush signs the law into effect, Senator Mitch McConnell (R-KY) and the National Rifle Association (NRA) file lawsuits challenging the constitutionality of the BCRA (see December 10, 2003). [Legal Information Institute, 12/2003]

Entity Tags: Russell D. Feingold, Mitch McConnell, John McCain, National Rifle Association, George W. Bush, Bipartisan Campaign Reform Act of 2002

Timeline Tags: Civil Liberties

Conservative pundit and author David Horowitz labels the NAACP and civil rights leaders Jesse Jackson and Al Sharpton “racists,” in an op-ed defending an author who has called for “racial purity.” Horowitz writes an op-ed for his Web-based magazine Front Page that defends Samuel Jared Taylor, the founder and editor of American Renaissance magazine; Taylor and his magazine have been described by the Anti-Defamation League as promoting “genteel racism,” using “pseudoscientific, questionably researched and argued articles that validate the genetic and moral inferiority of nonwhites and the need for racial ‘purity.’” In defending Taylor and American Renaissance, Horowitz writes: “There are many who would call Jared Taylor and his American Renaissance movement ‘racist.’ If the term is modified to ‘racialist,’ there is truth in the charge. But Taylor and his Renaissance movement are no more racist in this sense than Jesse Jackson and the NAACP. In my experience of Taylor’s views, which is mainly literary (we have had occasion to exchange opinions in person only once), they do not represent a mean-spirited position. They are an attempt to be realistic about a fate that seems to have befallen us (which Taylor would maintain was inevitable given the natural order of things). But Jared Taylor is no more ‘racist’ in this sense than any university Afro-centrist or virtually any black pundit of the left. He is not even racist in the sense that Jesse Jackson and Al Sharpton are racist. He is—as noted—a racialist, which Frontpagemag.com is not.” At some point after publishing the op-ed, Horowitz will delete it, but it is quoted in a December 2004 article by progressive media watchdog organization Media Matters. Horowitz does not clarify the term “racialist,” though he has used it to disparage those who disagree with him (see March 15, 2002). [Media Matters, 12/1/2004]

Entity Tags: Anti-Defamation League, Al Sharpton, American Renaissance, Jesse Jackson, National Association for the Advancement of Colored People, Samuel Jared Taylor, David Horowitz

Timeline Tags: Domestic Propaganda

The Dartmouth Review, a conservative weekly student newspaper funded by off-campus right-wing sources (see 1980), prints on its online blog an op-ed by the previous year’s editor, Andrew Grossman. The editorial mocks recent efforts to bring hairstylists to Dartmouth who can cut African-Americans’ hair, and observes: “Future programs in a similar vein include bringing to campus a small troupe of number-runners and, in the fall, several New York based crack dealers. The Student Assembly is now in the process of creating a committee of New Black Panthers to replace the ‘Committee on Student Life.’ Expect an authentic ‘Ghetto Party’ no later than by the end of the fall term.” [Dartmouth Free Press, 9/20/2006] In 2003, the progressive publication The Nation will say that the Review runs the inflammatory article in an attempt to return to the “shock journalism” of its earlier days, and says the Review is trying to revive interest in, and donations to, the publication. [Nation, 2/17/2003]

Entity Tags: Andrew Grossman, The Nation, Dartmouth Review, New Black Panthers

Timeline Tags: Domestic Propaganda

Michael Steele and Robert Ehrlich.Michael Steele and Robert Ehrlich. [Source: Oliver Willis]The candidates for governor of Maryland, Democrat Kathleen Kennedy Townsend and Republican Robert Ehrlich, hold a debate in the Murphy Fine Arts Building on the campus of Morgan State University in Baltimore. After the debate, allegations surface that Democratic supporters of Townsend threw Oreo cookies at Michael Steele, the Republican nominee for lieutenant governor. Steele is African-American; to label an African-American an “Oreo” is to say that he, like an Oreo cookie, is black on the outside and white on the inside. It is considered a significant racial slur. The allegations are published by, among other sources, the conservative Washington Times, largely relying on reporting by S.A. Miller, who writes multiple stories concerning the alleged incident.
First Iteration: Oreos 'Distributed' among Audience Members - The source is Ehrlich’s campaign spokesman Paul Schurick, who tells a Baltimore Sun reporter that he saw Democrats in the audience distributing Oreo cookies. Schurick initially makes no mention of anyone throwing cookies. One day after the event, Steele is quoted by the Sun as talking about the Townsend supporters in the crowd and what he terms “race-baiting” by her campaign, but says nothing about Oreos. On October 14, Weekly Standard columnist Jeffrey Goldberg repeats as fact Schurick’s allegations about Oreos being passed out at the debate. On October 21, syndicated conservative columnist George Will repeats the story, adding that “[s]ome of the audience had distributed Oreo cookies to insult Ehrlich’s running mate.”
Second Iteration: 'Townsend Supporters Threw Oreo Cookies' - The same day as Will’s column appears, the Sun and the Associated Press report that Ehrlich told an audience at a Jewish day school that “Townsend supporters at the debate threw Oreo cookies” at Steele. The next day, the Salisbury, Maryland, Daily Times reports that “the Ehrlich campaign” claimed “protesters at the debate threw Oreo cookies at Steele.” The Washington Times reports Ehrlich’s claims on October 29. The Washington Post reports on October 31 that Townsend supporters “mocked” Steele by bringing Oreo cookies to the gubernatorial debate. On November 2, the London Times reports as fact that Steele “was bombarded with Oreo cookies” at the gubernatorial debate. Miller later tells other reporters that, while in attendance at the debate, he saw Steele get hit with the cookies. On November 22, the Capital News Service will report that Steele later “said an Oreo cookie rolled to his feet during the debate.”
Reporter Retracts Claim - But in November 2005, after Steele announces his candidacy for Maryland’s gubernatorial position (see November 2005), Miller will tell a reporter for WTOP news radio, Mark Segraves, that he could not swear in court that anyone actually threw cookies because he did not, in fact, see it happen, though he had reported several times that he witnessed just such events. Times managing editor Fran Coombs will issue a denial that Miller ever spoke to Segraves or anyone else from WTOP, but will confirm that Miller did not, in fact, attend the debate. Coombs will tell WTOP that the Times stands behind its reporting, regardless of whether Miller’s claims are true or not, and will say that the reported Oreo incident is a diversion from the real story of a double standard on racism in the Democratic Party.
Third Iteration: Steele Just Saw 'One or Two' Oreos at His Feet - Steele will tell Segraves that he was never struck by any thrown cookies. “I’ve never claimed that I was hit, no. The one or two that I saw at my feet were there. I just happened to look down and see them,” he will say. By November 15, the Associated Press will report that Ehrlich says “he did not personally see cookies thrown at Steele because he was on stage,” and “said he doesn’t know who might have thrown them.”
Fourth Iteration: Steele Says Oreos 'Tossed in His General Direction' - Around the same time, the Associated Press will also report that, according to Steele, “Oreo cookies were tossed in his general direction as he left the debate at Morgan State University,” including two that “rolled up” next to his shoe. The stories are dramatically different, and quite contradictory. Steele’s November account differs from Schurick’s account and his own previous statements.
Fifth Iteration: Oreos 'Thick in the Air Like Locusts' - In the Sun’s 2005 report, Schurick is quoted as saying: “It was raining Oreos. They were thick in the air like locusts. I was there. It was very real. It wasn’t subtle.” Sometime in late 2002, Ehrlich will tell a radio audience that his father was struck in the head by a cookie, though, according to the WBAL report at the time, “Schurick would not make Robert L. Ehrlich Sr. available for an interview.”
No Mention in Reporting after Debate, No Video Evidence - In November 2005, the Baltimore Sun will report that no newspaper or television reports mentioned any such incident in their initial reporting of the debate, and although four local television stations recorded the debate, no video of any such incident exists.
Eyewitnesses: Nothing Was Thrown - The Sun will report the operations manager of the Murphy Building at Morgan State, Vander Harris, as saying nothing of the sort occurred: “It didn’t happen here,” he will say. “I was in on the cleanup, and we found no cookies or anything else abnormal. There were no Oreo cookies thrown.” Several attendees at the event will tell the Sun that while some disruptive behavior occurred, no one threw anything at Steele nor anyone else. Morgan State spokesman Clint Coleman will say: “There were a lot of things, disturbances, by this group of outsiders who were bent on disrupting the debate. But I never actually saw Oreo cookies being thrown at him.” As for “raining Oreos,” Coleman will say, “I can tell you that did not happen.” Neil Duke, who moderated the event for the NAACP, will say he never saw any cookies thrown at Steele. “Were there some goofballs sitting in [the] right-hand corner section tossing cookies amongst themselves and acting like sophomores, as the legend has it?” Duke will say. “I have no reason to doubt those sources; I just didn’t see it.” And Wayne Frazier, the president of the Maryland-Washington Minority Contractors Association, will say he saw Steele walk into the auditorium that evening, but saw no Oreos. “I was there the whole time and did not see any of the so-called Oreo cookie incident,” he will say. “It could have happened and I didn’t see it, but I was in the auditorium from start to finish.” [WTOP Radio 103.5 (Washington), 11/15/2005; Media Matters, 11/21/2005]

Entity Tags: Vander Harris, WTOP-FM, Washington Post, Wayne Frazier, S.A. Miller, Washington Times, Robert L. Ehrlich Jr., Salisbury Daily Times, Morgan State University, Baltimore Sun, Capital News Service, Clint Coleman, George Will, Fran Coombs, Jeffrey Goldberg, London Times, Michael Steele, Associated Press, Mark Segraves, Kathleen Kennedy Townsend, Paul Schurick

Timeline Tags: Domestic Propaganda

George Will.George Will. [Source: Washington Policy Group]Conservative columnist George Will calls two anti-war House Democrats “American collaborators” working with Saddam Hussein, either implicitly or directly. Will singles out Representatives Jim McDermott (D-WA) and David Bonior (D-MI) for criticism because of their opposition to the impending Iraq invasion. Will compares the two to World War II propaganda maven William Joyce, the British citizen who earned the sobriquet “Lord Haw Haw” for his pro-Nazi diatribes on the radio, and goes on to observe that McDermott and Bonior provided a spectacle unseen by Americans “since Jane Fonda posed for photographers at a Hanoi anti-aircraft gun” during the Vietnam War. McDermott and Bonior became a target for Will’s wrath by saying they doubted the Bush administration’s veracity in its assertions that Iraq has large stashes of WMD, but believed Iraqi officials’ promises to allow UN inspectors free rein to look for such weapons caches. “I think you have to take the Iraqis on their value—at face value,” McDermott told reporters in recent days, but went on to say, “I think the president [Bush] would mislead the American people.”
Leninist 'Useful Idiots' - After comparing the two to Joyce and Fonda, Will extends his comparison to Bolshevik Russia, writing: “McDermott and Bonior are two specimens of what Lenin, referring to Westerners who denied the existence of Lenin’s police-state terror, called ‘useful idiots.’” Will also adds UN Secretary-General Kofi Annan in this last category, compares Annan with British “appeaser” Neville Chamberlain for good measure, and labels him “Saddam’s servant.”
Slamming Democrats for Not Supporting War - Will saves the bulk of his ire for the accusations by McDermott and Bonior that Bush officials might be lying or misrepresenting the threat of Iraqi WMD, and adds former Vice President Al Gore to the mix. “McDermott’s accusation that the president—presumably with Cheney, Powell, Rumsfeld, Rice, and others as accomplices—would use deceit to satisfy his craving to send young Americans into an unnecessary war is a slander licensed six days earlier by Al Gore,” Will writes. Extending his comparisons to the Watergate era, Will adds, “With transparent Nixonian trickiness—being transparent, it tricks no one—Gore all but said the president is orchestrating war policy for political gain in November.” Will accuses Gore and other Democrats of what he calls “moral infantilism” because they voted to support the 1998 Iraq Liberation Act (see October 31, 1998). Will returns to his complaints about the Democratic congressmen in his conclusion: “McDermott’s and Bonior’s espousal of Saddam’s line, and of Gore’s subtext (and Barbra Streisand’s libretto), signals the recrudescence of the dogmatic distrust of US power that virtually disqualified the Democratic Party from presidential politics for a generation. It gives the benefits of all doubts to America’s enemies and reduces policy debates to accusations about the motives of Americans who would project US power in the world. Conservative isolationism—America is too good for the world—is long dead. Liberal isolationism—the world is too good for America—is flourishing.” [Washington Post, 10/1/2002]

Entity Tags: George Will, Jim McDermott, David Bonior

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

The Bush administration fails to cooperate with the UN inspection regime in Iraq. Inspectors complain that Washington is refusing to provide them with the intelligence they need to do their work. What intelligence they do offer the inspectors, is usually of extremely poor quality. Administration officials deny they are refusing to provide the inspectors with needed intelligence. CBS reports on January 18, 2003: “UN arms inspectors are privately complaining about the quality of US intelligence and accusing the United States of sending them on wild-goose chases…. The inspectors have become so frustrated trying to chase down unspecific or ambiguous US leads that they’ve begun to express that anger privately in no uncertain terms…. UN sources have told CBS News that American tips have lead to one dead end after another.” And whatever intelligence has been provided, reports CBS, has turned out to be “circumstantial, outdated or just plain wrong.” [CBS News, 2/20/2003]

Entity Tags: Bush administration (43), United Nations Monitoring, Verification and Inspection Commission

Timeline Tags: Events Leading to Iraq Invasion

Eighteen international arms monitors, including 12 inspectors from the UN Monitoring, Verification and Inspection Commission and 8 from the International Atomic Energy Agency in Vienna, arrive in Baghdad with their cargo of high-tech sensors, computers and other gear. [Independent, 11/24/2002; Associated Press, 11/25/2002; New York Times, 11/25/2002]
Make-up of Inspection Team - The complete roster of UN inspectors expected to participate in the inspections includes some 300 chemists, biologists, missile and ordnance experts and other specialists of UNMOVIC, as well as a few dozen engineers and physicists from the IAEA. Hans Blix of UNMOVIC will head the effort to search for chemical and biological weapons and Jacques Baute of the UN’s International Atomic Energy Agency will lead the team seeking to determine if Iraq has reconstituted its nuclear weapons program. [Associated Press, 11/25/2002]
Purpose of Inspections - The stated purpose of the inspections, according to the UN resolution, is to bring “to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the Council.” [United Nations, 11/9/2002] However, since the passing of the resolution the Bush administration has maintained that the purpose of inspections is much broader. For instance, US Secretary of State Donald Rumsfeld will claim in January that inspectors are not to act as “discoverers” trying to locate things. Rather the purpose of the inspections, according to Rumsfeld, is to determine whether Iraq is cooperating. [BBC, 1/22/2003]
Methods - The inspectors will “revisit the previously monitored sites to check if the equipment installed [by the previous weapons inspectors] is still functional,” explains a UN spokesperson. “It will take some time to do that work. We can’t rule out other activities, but it’s quite likely we will start with that.” Inspectors also says that they will not immediately conduct “intrusive” inspections into Iraq’s more sensitive areas. As an aide to Hans Blix explains to The Washington Post, “We’re not going to do in-your-face inspections. He [Blix] wants effective inspections. It’s not our job to provoke, harm or humiliate.” The inspections teams will also investigate new sites that the US and Britain allege are involved in the development of weapons of mass destruction. Inspectors will have the option to interview Iraqi scientists without the presence of Iraqi officials. The interviews may be conducted outside of Iraq. [Washington Post, 11/23/2002]

Entity Tags: Donald Rumsfeld, United Nations Monitoring, Verification and Inspection Commission, International Atomic Energy Agency, Hans Blix, Jacques Baute

Timeline Tags: Events Leading to Iraq Invasion

Former Vice President Al Gore calls Fox News a virtual arm of the Republican Party. “Something will start at the Republican National Committee, inside the building, and it will explode the next day on the right-wing talk show network and on Fox News and in the newspapers that play this game,” Gore says. “And pretty soon they’ll start baiting the mainstream media for allegedly ignoring the story they’ve pushed into the zeitgeist” (see October 13, 2009). [New Yorker, 5/26/2003]

Entity Tags: Republican National Committee, Republican Party, Albert Arnold (“Al”) Gore, Jr., Fox News

Timeline Tags: Domestic Propaganda

Bush administration officials launch what appears to be a concerted effort to discredit the inspections after press reports indicate that inspections are going well and that Iraq is cooperating. The Washington Post reports, “In speeches in London, Washington and Denver, Bush, Vice President Cheney and Deputy Defense Secretary Paul Wolfowitz sought to increase pressure on Hussein in advance of a Sunday deadline for the Iraqi leader to declare his inventory of weapons and missiles.” The paper adds, “The coordinated speeches… seemed designed to preempt any positive sign from the UN inspection teams about Iraqi compliance and to set the stage for an early confrontation with Hussein.” [Washington Post, 12/3/2002]

Entity Tags: Richard (“Dick”) Cheney, George W. Bush, Paul Wolfowitz

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

Saddam Hussein announces that he will continue to permit intrusive inspections. Two days before, inspectors had arrived unannounced at Saddam’s Sajoud palace and were given unfettered access to the site. Saddam says he hopes such visits will disprove US allegations that Iraq has weapons of mass destruction. [Washington Post, 12/6/2002]

Entity Tags: United Nations Monitoring, Verification and Inspection Commission, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

UNMOVIC inspectors say they have yet to uncover evidence indicating that Iraq has resumed its production of weapons of mass destruction. After providing the UN Security Council with a summary of the inspectors’ findings, Hans Blix tells reporters in New York, “We have now been there for some two months and been covering the country in ever wider sweeps and we haven’t found any smoking guns.” [Guardian, 1/10/2003] But Ari Fleischer, the White House press secretary, insists that the absence of evidence is of little concern, asserting, “The problem with guns that are hidden is you can’t see their smoke. We know for a fact that there are weapons there.” [Guardian, 1/10/2003] When asked how he knows this, Fleischer quotes from the UN weapons inspectors’ report and notes, “So while they’ve [UN Inspectors] said that there’s no smoking gun, they said the absence of it is not assured. And that’s the heart of the problem. The heart of the problem is Iraq is very good at hiding things.” [White House, 1/9/2003] John Negroponte, the US ambassador to the UN, accuses Iraq of “legalistic” cooperation, claiming that it needs to act proactively. He also says, “There is still no evidence that Iraq has fundamentally changed its approach from one of deceit to a genuine attempt to be forthcoming.” [Guardian, 1/10/2003] Colin Powell also seems undaunted by Blix’s remarks. “The lack of a smoking gun does not mean that there’s not one there,” he says, “If the international community sees that Saddam Hussein is not cooperating in a way that would not allow you to determine the truth of the matter, then he is in violation of the UN resolution [1441] (see November 8, 2002)…You don’t really have to have a smoking gun.” [News24, 1/10/2003] Sir Jeremy Greenstock, the British ambassador to the UN, echoes views from Washington, asserting that the “passive cooperation of Iraq has been good in terms of access and other procedural issues,” and adds, “But proactive cooperation has not been forthcoming—the kind of cooperation needed to clear up the remaining questions in the inspectors’ minds.” [Guardian, 1/10/2003]

Entity Tags: John Negroponte, United Nations Monitoring, Verification and Inspection Commission, Ari Fleischer, Jeremy Greenstock, Hans Blix, Colin Powell

Timeline Tags: Events Leading to Iraq Invasion

Robert Bartley.Robert Bartley. [Source: Slate]The Wall Street Journal’s editorial page editor emeritus, Robert Bartley, acknowledges that Fox News’s slogan, “We report, you decide,” is a “pretense.” Bartley, a staunch conservative, writes: “Even more importantly, the amazing success of Roger Ailes at Fox News (see October 7, 1996) has provided a meaningful alternative to the Left-establishment slant of the major networks.… His news is no more tilted to the right than theirs has been on the left, and there’s no reason for him to drop his ‘we report, you decide’ pretense until they drop theirs” (see October 13, 2009). [Jamieson and Cappella, 2008, pp. 49] In May 2003, ABC News president David Westin will say: “I like ‘We report. You decide.’ It’s a wonderful slogan. Too often, I don’t think that’s what’s going on at Fox. Too often, they step over the line and try and help people decide what is right and wrong.” Fox News pundit and host Bill O’Reilly will agree. Asked whether a more accurate tag line for Fox might be “We report. We decide,” he will reply, “Well, you’re probably right.” Todd Gitlin of the Columbia Journalism School will add: “I find it hard to believe many Fox viewers believe Bill O’Reilly is a ‘no-spin zone,’ or ‘We report. You decide.’ It’s a joke. In Washington it reinforces the impression of ‘we happy few who are members of the club.’ It emboldens the right wing to feel justified and confident they can promote their policies.” [New Yorker, 5/26/2003]

Entity Tags: Fox News, David Westin, Wall Street Journal, Bill O’Reilly, Robert Bartley, Todd Gitlin, Roger Ailes

Timeline Tags: Domestic Propaganda

Florida’s Second Court of Appeals overturns a wrongful-firing ruling against Fox Television by a lower court (see August 18, 2000), finding in favor of the network against two citizen plaintiffs who claim they were fired by Fox News for refusing to falsify a news segment they were producing for a local affiliate. In essence, the court rules that Fox, and by extension other media outlets, can legally lie to their consumers: that there is no law against distorting or falsifying the news in the US. The appeals court holds that the plaintiffs’ threat to report the network to the Federal Communications Commission (FCC) does not deserve protection under Florida’s whistleblower statute, because a whistleblower must report “an employer breaking an adopted law, rule, or regulation.” The FCC has a policy against falsification of the news, but the court, in what the St. Louis Journalism Review will call “a stunningly narrow interpretation of FCC rules,” rules that the policy does not rise to the level of a “law, rule, or regulation.” Therefore, Fox Television’s Fox News Channel or any other news producer can produce willfully false stories and claim they are true, without fear of reprisal. In their court arguments, lawyers for Fox Television asserted that no rules or laws exist that prohibit distorting or falsifying news reports: that, under the First Amendment, broadcasters have the right to lie or deliberately distort news reports on the public airwaves. The attorneys did not dispute that network officials pressured the plaintiffs to produce a false story; instead, they argued that it was the network’s right to do so. Fox Television won “friend of the court” support from five major news owners: Belo Corporation, Cox Television, Gannett, Media General Operations, and Post-Newsweek Stations. [St. Louis Journalism Review, 12/1/2007] After the verdict, the local Fox affiliate, WTVT-TV, airs a news report saying it is “totally vindicated” by the verdict. [Sierra Times, 2/28/2009]

Entity Tags: Gannett Corporation, Cox Television, Belo Corporation, Federal Communications Commission, Fox News, Post-Newsweek Stations, Fox Broadcasting Company, Media General Operations, WTVT-TV

Timeline Tags: Domestic Propaganda

Some of the documents turned over to the UN by Iraq.Some of the documents turned over to the UN by Iraq. [Source: CIA]United Nations Monitoring, Verification and Inspection Commission chief arms inspector Hans Blix provides a quarterly report to the UN Security Council on the progress of inspections in Iraq, as required by UN Security Resolution 1284 (1999). It is the twelfth such report since UNMOVIC’s inception. Blix’s report to the Council does not contain any evidence to support US and British claims that Iraq has weapons of mass destruction or the programs to develop such weapons. [United Nations, 3/7/2003 pdf file; CNN, 3/7/2003] International Atomic Energy Agency (IAEA) Director General Mohamed ElBaradei also reports to the Council and says there are no signs that Iraq has reconstituted its nuclear weapons program. [United Nations, 3/7/2003 pdf file]
UNMOVIC Report by Hans Blix -
bullet There is no evidence that Iraq has mobile biological weapons factories, as was recently alleged by Colin Powell in his February 5 presentation (see February 5, 2003) to the UN. “Several inspections have taken place… in relation to mobile production facilities,” Blix says. “No evidence of proscribed activities has so far been found.” He further explains that his inspectors had examined numerous mobile facilities and large containers with seed processing equipment. [United Nations, 3/7/2003 pdf file; CNN, 3/7/2003; Agence France-Presse, 3/7/2003]
bullet The Iraqi government has increased its cooperation with inspectors since the end of January. It is attempting to quantify the biological and chemical weapons that it says were destroyed in 1991. [United Nations, 3/7/2003 pdf file; CNN, 3/7/2003; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003]
bullet Iraq’s destruction of several Al Samoud II missiles represents a real step towards disarmament. “The destruction undertaken constitutes a substantial measure of disarmament,” he says. “We are not watching the destruction of toothpicks. Lethal weapons are being destroyed.” [CNN, 3/7/2003; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003] Blix adds, “The destruction undertaken constitutes a substantial measure of disarmament—indeed, the first since the middle of the 1990s.” Major Corrine Heraud, the chief weapons inspector for UNMOVIC in this operation, calls the level of cooperation from the Iraqis “unprecedented,” something that she never would have expected and did not encounter during the 1996-98 inspections. [Middle East Policy Council, 6/2004]
bullet Blix says that the UN inspectors needed a few more months to finish their work. “Even with a proactive Iraqi attitude induced by continued outside pressure, it will still take some time to verify sites and items, analyze documents, interview relevant persons and draw conclusions,” he says, concluding, “It will not take years, nor weeks, but months.” [CNN, 3/7/2003; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003]
bullet Iraqi scientists have recently accepted inspectors’ requests to be interviewed without “minders.” “Since we started requesting interviews, 38 individuals were asked for private interviews, of which 10 accepted under our terms, seven during the past week,” Blix explains. [CNN, 3/7/2003]
bullet Some Iraqi scientists have agreed to interviews without “minders”—but more cooperation is needed. Blix says, “While the Iraqi side seems to have encouraged interviewees not to request the presence of Iraqi officials or the taping of the interviews, conditions ensuring the absence of undue influences are difficult to attain inside Iraq.” [CNN, 3/7/2003] Iraq needs to turn over more documents. “Iraq, with a highly developed administrative system, should be able to provide more documentary evidence about its proscribed weapons. Only a few new such documents have come to light so far and been handed over since we began.” [CNN, 3/7/2003] There is no evidence of underground weapons facilities. Blix says: “There have been reports, denied by Iraq, that proscribed activities are conducted underground. Iraq should provide information on underground structures suitable for the production or storage of weapons of mass destruction. During inspections of declared or undeclared facilities, inspectors examined building structures for any possible underground facilities. In addition, ground-penetrating radar was used in several locations. No underground facilities for chemical or biological production or storage were found.” [CNN, 3/7/2003]
IAEA report by Mohamed ElBaradei -
bullet There is no evidence that the aluminum tubes imported by Iraq in July 2001 were meant for a nuclear weapons program. ElBaradei says: “Extensive field investigation and document analysis have failed to uncover any evidence that Iraq intended to use these 81mm tubes for any project other than the reverse engineering of rockets.… Moreover, even had Iraq pursued such a plan, it would have encountered practical difficulties in manufacturing centrifuges out of the aluminum tubes in question.” [United Nations, 3/7/2003 pdf file; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003; Washington Post, 3/8/2003]
bullet There is no evidence that Iraq tried to obtain uranium from Niger. Documents provided to the International Atomic Energy Agency by the US were determined to be forgeries. The documents were a collection of letters between an Iraqi diplomat and senior Niger officials discussing Iraq’s interest in procuring a large amount of uranium oxide (see Afternoon October 7, 2002). “Based on thorough analysis, the IAEA has concluded, with the concurrence of outside experts, that documents which formed the basis for the reports of recent uranium transactions between Iraq and Niger are in fact not authentic,” ElBaradei explains. “We have therefore concluded that these specific allegations are unfounded” (see June 12, 2003). [United Nations, 3/7/2003 pdf file; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003; Washington Post, 3/8/2003; Globe and Mail, 3/8/2003; Guardian, 3/8/2003]
bullet The IAEA has yet to come across evidence of a nuclear weapons program. “After three months of intrusive inspections, we have to date found no evidence or plausible indication of the revival of a nuclear weapons program in Iraq,” ElBaradei states. “[T]here is no indication of resumed nuclear activities in those buildings that were identified through the use of satellite imagery as being reconstructed or newly erected since 1998, nor any indication of nuclear-related prohibited activities at any inspected sites.” [United Nations, 3/7/2003 pdf file; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003; Globe and Mail, 3/8/2003; Washington Post, 3/8/2003]
bullet In a direct response to allegations made by Colin Powell on February 5 (see February 5, 2003) related to the attempted procurement of magnets that could be used in a gas centrifuge, ElBaradei, says: “The IAEA has verified that previously acquired magnets have been used for missile guidance systems, industrial machinery, electricity meters, and field telephones. Through visits to research and production sites, reviews of engineering drawings, and analyses of sample magnets, IAEA experts familiar with the use of such magnets in centrifuge enrichment have verified that none of the magnets that Iraq has declared could be used directly for a centrifuge magnetic bearing.” [United Nations, 3/7/2003 pdf file]
bullet Iraq’s industrial capacity “has deteriorated” at the inspected sites because of lack of maintenance and funds. [United Nations, 3/7/2003 pdf file]
bullet ElBaradei concludes: “After three months of intrusive inspections, we have to date found no evidence or plausible indication of the revival of a nuclear weapons program in Iraq.… I should note that, in the past three weeks, possibly as a result of ever-increasing pressure by the international community, Iraq has been forthcoming in its cooperation, particularly with regard to the conduct of private interviews and in making available evidence that contributes to the resolution of matters of IAEA concern.” [Middle East Policy Council, 6/2004]
Inspections 'Fruitful,' Say French, Russians - Both sides claim that the reports give further support to each of their respective stances on the issue of Iraqi disarmament. French Foreign Minister Dominique de Villepin tells the Council that the reports “testify to the progress” of the inspections. He states that France will not support another resolution because “we cannot accept any ultimatum, any automatic use of force.” Russian Foreign Minister Igor Ivanov says that the reports demonstrate that inspections have been “fruitful.”
Inspections Not Working, US Claims - The Bush administration does not alter its position, despite statements by the two inspectors that Iraq is cooperating with inspections and complying with demands to disarm. Colin Powell, responding to the inspectors’ reports, reiterates the administration’s position that the inspections are not working and that Saddam is not cooperating. “We must not walk away,” Powell says. “We must not find ourselves here this coming November with the pressure removed and with Iraq once again marching down the merry path to weapons of mass destruction, threatening the region, threatening the world.” He claims that Iraq’s behavior is a “a catalog still of noncooperation” and repeats the administration’s allegation that the “Iraq regime continues to possess and conceal some of the most lethal weapons ever devised.” Back at the White House, Ari Fleischer tells reporters, “As the president has said, if the United Nations will not disarm Saddam Hussein, it will be another international organization, a coalition of the willing that will be made up of numerous nations that will disarm Saddam Hussein.” [CNN, 3/6/2003; CNN, 3/7/2003; Independent, 3/7/2003; US Department of State, 3/7/2003 pdf file]
Bush: Missile Destruction 'Meaningless' - Bush himself will call the destruction of Iraqi missiles “meaningless” and nothing more than an Iraqi “campaign of destruction,” shocking UNMOVIC inspectors: “We didn’t know what to make of [his words],” one inspector says afterwards. Former State Department official Patrick Lang will write: “In the final weeks of the countdown to war, the administration’s actions resembled nothing so much as some of the madder scenes from Alice in Wonderland. The fact that the documents the administration had used to ‘prove’ that Iraq was working on nuclear weapons were forged only led to greater insistence that Iraq was a danger. The absence of discovery of WMD by the UN inspectors was only further evidence that the Iraqis were the greatest deceivers in history and that they had succeeded in concealing their location. The destruction of the Al Samoud missiles was just more evidence of a ‘grand deception.’” [Middle East Policy Council, 6/2004]
Uranium Allegations 'Outrageous,' Says Former Ambassador - The Washington Post and Los Angeles Times do give the story front-page coverage, and on CNN, former ambassador Joseph Wilson (see July 6, 2003) calls the uranium allegation “outrageous,” adding that the claim “taints the whole rest of the case that the government is trying to build against Iraq.” The US government is “simply stupid” for not finding out the truth sooner: “a couple of phone calls” could have proven that such a deal between Iraq and Niger could not have happened: “All this stuff is open,” Wilson says. “It’s a restricted market of buyers and sellers.” [Rich, 2006, pp. 71]
IAEA Report 'Widely Ignored' - Author and media critic Frank Rich will later note, “With America’s March 17 deadline for war (see March 17, 2003 and March 17, 2003) dominating the news, ElBaradei’s pronoucements were widely ignored. The news of the forged uranium documents did not make any of the three network evening newscasts and did not appear in the following day’s New York Times. (It would turn up a day later, in a four-hundred word story on page A13.)” [Rich, 2006, pp. 71]

Entity Tags: Corrine Heraud, Ari Fleischer, Colin Powell, Dominique de Villepin, Patrick Lang, Frank Rich, Mohamed ElBaradei, International Atomic Energy Agency, Joseph C. Wilson, United Nations Monitoring, Verification and Inspection Commission, Igor Ivanov, Hans Blix

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

UN Secretary General Kofi Annan orders all UN weapons inspectors, peacekeepers, and humanitarian aid workers to withdraw from Iraq. [Washington File, 3/17/2003] UN inspectors have been in Iraq since November 18 (see November 18, 2002). During their four months of work in Iraq, they inspected hundreds of sites (some of them more than once) and found no evidence of ongoing WMD programs. Their work was reportedly obstructed, not by the Iraqis, but by the US, which refused to provide inspectors with the intelligence they needed to identify sites for inspection (see February 12, 2003, December 5, 2002, December 6, 2002, December 20, 2002, and January 11, 2003). Of the 105 sites identified by US intelligence as likely housing illicit weapons, 21 were deliberately withheld from inspectors. [Bamford, 2004, pp. 344] Reflecting on the inspections in 2009, Hans Blix, the chief of the UN weapons inspection team, will say: “In March 2003, when the invasion took place, we could not have stood up and said, ‘There is nothing,’ because to prove the negative is really not possible. What you can do is to say that we have performed 700 inspections in some 500 different sites, and we have found nothing, and we are ready to continue. If we had been allowed to continue a couple of months, we would have been able to go to all of the some hundred sites suggested to us, and since there weren’t any weapons of mass destruction, that’s what we would have reported. And then I think that, at that stage, certainly the intelligence ought to have drawn the conclusion that their evidence was poor.” [Vanity Fair, 2/2009]

Entity Tags: United Nations Monitoring, Verification and Inspection Commission, Bush administration (43), International Atomic Energy Agency, Hans Blix, Kofi Annan

Timeline Tags: Events Leading to Iraq Invasion

Fox News commentator Bill O’Reilly says that those who oppose the Iraq war, such as actor Sean Penn and journalist Peter Arnett, are traitors. [Unger, 2007, pp. 290]

Entity Tags: Bill O’Reilly, Peter Arnett, Sean Penn, Fox News

Timeline Tags: Domestic Propaganda

Senator Rick Santorum (R-PA) makes a controversial statement concerning gay rights. He makes the statements in an interview with an Associated Press reporter on April 7; the interview will be published on April 20. Santorum, a fervent anti-gay activist, explains his opposition to gay rights, saying: “I have no problem with homosexuality. I have a problem with homosexual acts. As I would with acts of other, what I would consider to be, acts outside of traditional heterosexual relationships. And that includes a variety of different acts, not just homosexual. I have nothing, absolutely nothing against anyone who’s homosexual. If that’s their orientation, then I accept that. And I have no problem with someone who has other orientations. The question is, do you act upon those orientations? So it’s not the person, it’s the person’s actions. And you have to separate the person from their actions.” Asked if the law should ban homosexual acts, Santorum responds by criticizing a recent Supreme Court decision striking down a Texas anti-sodomy statute, saying: “We have laws in states, like the one at the Supreme Court right now, that has sodomy laws and they were there for a purpose. Because, again, I would argue, they undermine the basic tenets of our society and the family. And if the Supreme Court says that you have the right to consensual sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery. You have the right to anything. Does that undermine the fabric of our society? I would argue yes, it does. It all comes from, I would argue, this right to privacy that doesn’t exist in my opinion in the United States Constitution, this right that was created, it was created in Griswold—Griswold was the contraceptive case—and abortion. [Santorum is referring to Griswold v. Connecticut, wherein the US Supreme Court threw out a Connecticut ban on contraception.] And now we’re just extending it out. And the further you extend it out, the more you—this freedom actually intervenes and affects the family. You say, ‘Well, it’s my individual freedom.’ Yes, but it destroys the basic unit of our society because it condones behavior that’s antithetical to strong healthy families. Whether it’s polygamy, whether it’s adultery, where it’s sodomy, all of those things, are antithetical to a healthy, stable, traditional family. Every society in the history of man has upheld the institution of marriage as a bond between a man and a woman. Why? Because society is based on one thing: that society is based on the future of the society. And that’s what? Children. Monogamous relationships. In every society, the definition of marriage has not ever to my knowledge included homosexuality. That’s not to pick on homosexuality. It’s not, you know, man on child, man on dog, or whatever the case may be. It is one thing.” The unidentified reporter interrupts Santorum by saying, “I’m sorry, I didn’t think I was going to talk about ‘man on dog’ with a United States senator, it’s sort of freaking me out.” Santorum defends his juxtaposition by saying: “And that’s sort of where we are in today’s world, unfortunately. The idea is that the state doesn’t have rights to limit individuals’ wants and passions. I disagree with that. I think we absolutely have rights because there are consequences to letting people live out whatever wants or passions they desire. And we’re seeing it in our society.” Santorum says that if elected president, he would let “the democratic process” decide on a state level whether to limit or remove the constitutional right to privacy. “If New York doesn’t want sodomy laws, if the people of New York want abortion, fine. I mean, I wouldn’t agree with it, but that’s their right. But I don’t agree with the Supreme Court coming in,” he says. [Associated Press, 4/23/2003; CNN, 4/23/2003] Santorum’s remarks will draw heavy criticism. The Associated Press reporter who interviews Santorum is later identified as Lara Jakes Jordan; the AP often does not identify reporters with a byline (see April 23, 2003 and After).

Entity Tags: Lara Jakes Jordan, US Supreme Court, Rick Santorum, Associated Press

Timeline Tags: Domestic Propaganda

Patrick Guerreiro, the head of the Log Cabin Republicans, whose organization objects to Rick Santorum’s rhetoric about homosexuals.Patrick Guerreiro, the head of the Log Cabin Republicans, whose organization objects to Rick Santorum’s rhetoric about homosexuals. [Source: Americans for Truth about Homosexuality (.com)]Recent remarks by Senator Rick Santorum (R-PA) alleging that granting rights to homosexuals would also grant Americans the right to commit incest, child rape, and bestiality (see April 7, 2003) draw heavy criticism from both pro-gay organizations and political opponents. Winnie Stachelberg of the gay advocacy organization Human Rights Campaign says: “Senator Santorum’s remarks are deeply hurtful and play on deep-seated fears that fly in the face of scientific evidence, common sense, and basic decency. Clearly, there is no compassion in his conservatism.” Stachelberg asks Republican Congressional leaders to repudiate Santorum’s remarks. The Democratic Senatorial Campaign Committee (DSCC) calls on Santorum to resign as chairman of the Republican Senate Caucus, the number three position in the GOP leadership; Santorum does not do so. The DSCC’s Brad Woodhouse says, “Senator Santorum’s remarks are divisive, hurtful, and reckless and are completely out of bounds for someone who is supposed to be a leader in the United States Senate.” Senate Minority Leader Tom Daschle (D-SD) says Santorum’s position is “out of step with our country’s respect for tolerance.” Senator John Kerry (D-MA), a Democratic presidential contender, criticizes the White House for not speaking out against Santorum’s statements, saying, “The White House speaks the rhetoric of compassionate conservatism, but they’re silent while their chief lieutenants make divisive and hurtful comments that have no place in our politics.” Democratic presidential contender Howard Dean (D-VT) joins in calls for Santorum to step down from the RSC post, saying: “Gay-bashing is not a legitimate public policy discussion; it is immoral. Rick Santorum’s failure to recognize that attacking people because of who they are is morally wrong makes him unfit for a leadership position in the United States Senate. Today, I call on Rick Santorum to resign from his post as Republican Conference chairman.” Patrick Guerriero of the Republican pro-gay group, the Log Cabin Republicans, says that Santorum should either apologize or step down from his post as RSC chair: “If you ask most Americans if they compare gay and lesbian Americans to polygamists and folks who are involved in incest and the other categories he used, I think there are very few folks in the mainstream who would articulate those views.” Santorum’s remarks make it difficult to characterize the GOP as inclusive, Guerriero adds. [CNN, 4/23/2003; CNN, 4/23/2003] Guerriero later tells a gay advocacy newspaper: “Log Cabin Republicans are entering a new chapter. We’re no longer thrilled simply about getting a meeting at the White House. We’re organized enough to demand full equality. I’ve heard that vibration since I’ve been in Washington—that people in the party are taking us for granted. To earn respect, we have to start demanding it.… One of the most disappointing things about this episode is that we’ve spent a lot of time with the senator trying to find common ground. This is how he repays us? There is a sad history of Republican leaders choosing to go down this path, and he should’ve known better.” Another, less prominent Republican pro-gay organization, the Republican Unity Coalition, denounces Santorum’s views but stands by his right to hold them. [The Advocate, 6/10/2003] Some Republican senators join in criticizing Santorum. Susan Collins (R-ME) says Santorum’s choice of words is “regrettable” and his legal analysis “wrong.” Olympia Snowe (R-ME) says, “Discrimination and bigotry have no place in our society, and I believe Senator Santorum’s remarks undermine Republican principles of inclusion and opportunity.” Lincoln Chafee (R-RI) says: “I thought his choice of comparisons was unfortunate and the premise that the right of privacy does not exist—just plain wrong. Senator Santorum’s views are not held by this Republican and many others in our party.” Gordon Smith (R-OR) says that “America and the Republican Party” no longer equate “sexual orientation with sexual criminality. While Rick Santorum intended to reiterate the language of an old Supreme Court decision, he did so in a way that was hurtful to the gay and lesbian community.” And John McCain (R-AZ) says: “I think that he may have been inartful in the way that he described it. I believe that—coming from a person who has made several serious gaffes in my career—that the best thing to do is to apologize if you’ve offended anyone. Because I’m sure that Rick did not intend to offend anyone. Apologize if you did and move on.” [Salon, 4/26/2003] The only openly gay member of the House of Representatives, Barney Frank (D-MA), says of Santorum: “The only surprise is he’s being honest about it. This kind of gay bashing is perfectly acceptable in the Republican Party.” Kim Gandy, president of the National Organization for Women (NOW), calls Santorum’s remarks “stunning” and adds: “Rick Santorum is afflicted with the same condition as Trent Lott—a small mind but a big mouth. [Gandy is referring to Lott’s forcible removal from his position as Senate majority leader in 2002 after making pro-segregation remarks.] He has refused to apologize and Republican leaders have either supported or ignored Santorum’s rants blaming societal ills on feminists, liberals, and particularly gays and lesbians. Far from being a compassionate conservative, Santorum’s lengthy and specific comments expose him as abusive, intolerant, and downright paranoid—a poor combination for a top Senate leader.” [People's World, 5/7/2003]
Santorum: AP Story 'Misleading' - Santorum says the Associated Press story reporting his remarks was “misleading,” and says he was speaking strictly about a recent Supreme Court case striking down a Texas anti-sodomy law. “I am a firm believer that all are equal under the Constitution,” he says. “My comments should not be construed in any way as a statement on individual lifestyles.” When questioned by a gay Pennsylvanian about his remarks, he says his words were “taken out of context.” (The questioner says to Santorum: “You attacked me for who I am.… How could you compare my sexuality and what I do in the privacy of my home to bigamy or incest?” Santorum denies being intolerant of homosexuality, but repeats his stance that if states were not allowed to regulate homosexual activity in private homes, “you leave open the door for a variety of other sexual activities to occur within the home and not be regulated.”) However, CNN reports that, according to unedited excerpts of the audiotaped interview, “Santorum spoke at length about homosexuality and he made clear he did not approve of ‘acts outside of traditional heterosexual relationships.’ In the April 7 interview, Santorum describes homosexual acts as a threat to society and the family. ‘I have no problem with homosexuality,’ Santorum said, according to the AP. ‘I have a problem with homosexual acts.’” [CNN, 4/23/2003; CNN, 4/23/2003] In an interview on Fox News, Santorum says: “I do not need to give an apology based on what I said and what I’m saying now—I think this is a legitimate public policy discussion. These are not, you know, ridiculous, you know, comments. These are very much a very important point.… I was not equating one to the other. There is no moral equivalency there. What I was saying was that if you say there is an absolute right to privacy for consenting adults within the home to do whatever they want, [then] this has far-reaching ramifications, which has a very serious impact on the American family, and that is what I was talking about.… I am very disappointed that the article was written in the way it was and it has been construed the way it has. I don’t believe it was put in the context of which the discussion was made, which was rather a far-reaching discussion on the right to privacy.” [Salon, 4/26/2003; Fox News, 4/28/2003]
Bush Defends Santorum - After three days of remaining silent, President Bush issues a brief statement defending Santorum’s remarks, calling Santorum “an inclusive man.” In response, the Democratic National Committee (DNC) issues the following statement from chairman Terry McAuliffe: “President Bush is awfully selective in which American values he chooses to comment on. Rick Santorum disparaged and demeaned a whole segment of Americans and for that President Bush praises him. Three young women in the music business expressed their views and it warrants presidential action. I would suggest that rather than scold the Dixie Chicks (see March 10, 2003 and After), President Bush would best serve America by taking Rick Santorum to the woodshed.” [People's World, 5/7/2003; The Advocate, 6/10/2003]
Other Support - Some senators come to Santorum’s defense. Senate Majority Leader Bill Frist (R-TN) says in a statement, “Rick is a consistent voice for inclusion and compassion in the Republican Party and in the Senate, and to suggest otherwise is just politics.” Senator Charles Grassley (R-IA) blames the media for the controversy, saying: “He’s not a person who wants to put down anybody. He’s not a mean-spirited person. Regardless of the words he used, he wouldn’t try to hurt anybody.… We have 51 Republicans [in the Senate] and I don’t think anyone’s a spokesman for the Republican Party. We have a double standard. It seems that the press, when a conservative Republican says something, they jump on it, but they never jump on things Democrats say. So he’s partly going to be a victim of that double standard.” Santorum’s Pennsylvania colleague, Senator Arlen Specter (R-PA), says, “I have known Rick Santorum for the better part of two decades, and I can say with certainty he is not a bigot.” Asked if Santorum’s comments will hurt his re-election prospects, Specter says: “It depends on how it plays out. Washington is a town filled with cannibals. The cannibals devoured Trent Lott without cause. If the cannibals are after you, you are in deep trouble. It depends on whether the cannibals are hungry. My guess is that it will blow over.” Senator Jim Bunning (R-KY) says, “Rick Santorum has done a great job, and is solid as a rock, and he’s not going anywhere.” A number of Republican senators, including Jim Kolbe (R-AZ), the only openly gay Republican in Congress, refuse to comment when asked. [Salon, 4/26/2003] Gary Bauer, a powerful activist of the Christian Right who ran a longshot campaign for the Republican presidential nomination in 2000, says that “while some elites may be upset by [Santorum’s] comments, they’re pretty much in the mainstream of where most of the country is.” [The Advocate, 6/10/2003] The conservative advocacy group Concerned Women for America says Santorum was “exactly right” in his statements and blames what it calls the “gay thought police” for the controversy. Genevieve Wood of the Family Research Council agrees, saying, “I think the Republican Party would do well to follow Senator Santorum if they want to see pro-family voters show up on Election Day.” [CNN, 4/23/2003] Joseph Farah, the publisher of the conservative online news blog WorldNetDaily (WND), says that Santorum was the victim of a “setup” by the Associated Press, and Lara Jakes Jordan, the reporter who wrote the story should be fired. Santorum’s remarks “were dead-on target and undermine the entire homosexual political agenda,” Farah writes. “Santorum articulated far better and more courageously than any elected official how striking down laws against sodomy will lead inevitably to striking down laws against incest, bigamy, and polygamy. You just can’t say consenting adults have an absolute right to do what they want sexually without opening that Pandora’s box.” He accuses the AP of launching what he calls a “hatchet job” against Santorum, designed to take down “a young, good-looking, articulate conservative in the Senate’s Republican leadership.” The AP reporter who interviewed Santorum, Lara Jakes Jordan, is, he says, “a political activist disguised as a reporter.” Farah notes that Jordan is married to Democratic operative Jim Jordan, who works for the Kerry campaign, and in the past Jordan has criticized the AP for not granting benefits to gay domestic partners. Thusly, Farah concludes: “It seems Mrs. Jordan’s ideological fervor is not reserved only for her private life and her corporate politicking. This woman clearly ambushed Santorum on an issue near and dear to her bleeding heart.” [WorldNetDaily, 4/28/2003]

The New Yorker reports the results of an Annenberg survey of 673 mainstream news owners, executives, editors, producers, and reporters. Among the survey’s findings is the strong belief that Fox News (see 1995, October 7, 1996, and October 13, 2009)) has had a strong influence on the way broadcasters cover the news, as well as how others present the news on network and cable television programs. In 2002, when the CEO of General Electric, Jeffrey Immelt, was asked how he wanted to improve his own cable news network, MSNBC, he said: “I think the standard right now is Fox. And I want to be as interesting and as edgy as you guys are.” [New Yorker, 5/26/2003; Jamieson and Cappella, 2008, pp. 52]

Entity Tags: Annenberg Public Policy Center, Jeffrey Immelt, Fox News, General Electric

Timeline Tags: Domestic Propaganda

In the case of Federal Election Commission v. Beaumont, the Supreme Court rules that the ban on direct corporate donations by the Federal Election Campaign Act (FECA—see February 7, 1972) is constitutional. The case concerns a challenge to the law by Christine Beaumont and North Carolina Right to Life (NCRL), an anti-abortion advocacy group that sued for the right to donate directly to political candidates under the First Amendment. Beaumont and the NCRL were twice denied in lower courts, and have appealed to the Supreme Court. In a 7-2 decision, the Court upholds the ban. The majority opinion is written by Justice David Souter, who rules that the ban on direct contributions is consistent with the First Amendment. The Court cannot find in favor of NCRL, Souter writes, “without recasting our understanding of the risks of harm posed by corporate political contributions, of the expressive significance of contributions, and of the consequent deference owed to legislative judgments on what to do about them.” Two of the most conservative justices on the Court, Antonin Scalia and Clarence Thomas, dissent, arguing that the ban is not constitutional. [Brennan Center for Justice, 6/16/2003; Oyez (.org), 2009]

Entity Tags: David Souter, Antonin Scalia, Christine Beaumont, Federal Election Campaign Act of 1972, Clarence Thomas, US Supreme Court, North Carolina Right to Life

Timeline Tags: Civil Liberties

Conservative pundit and author David Horowitz publishes an op-ed in his Front Page Magazine calling all Democrats “racists,” and claiming that the Democratic Party is “the party of special interest bigots and racial dividers” for its alleged support of “racist school policies.” Horowitz writes, “The Democratic Party has shown that it will go to the wall to preserve the racist laws which enforce these preferences, and to defend the racist school systems that destroy the lives of millions of children every year.” At some point, Horowitz will delete the op-ed from the Front Page Magazine Web site, but it will be quoted in a December 2004 article by progressive media watchdog organization Media Matters. [Media Matters, 12/1/2004]

Entity Tags: Democratic Party, David Horowitz

Timeline Tags: Domestic Propaganda

Rush Limbaugh, in a publicity photo from ESPN.Rush Limbaugh, in a publicity photo from ESPN. [Source: ESPN]Conservative radio host Rush Limbaugh, a former sports broadcaster recently given a slot as a commentator on National Football League games by ESPN, makes what many believe is a racist comment about black quarterback Donovan McNabb. McNabb, the starting quarterback for the Philadelphia Eagles, is a three-time Pro Bowl selection, a runner-up for the Most Valuable Player award, and has steered his team into two conference championships. Limbaugh tells his listeners that McNabb is overrated, and adds what ESPN will call “racial overtones that have set off a controversy.” Limbaugh says: “Sorry to say this, I don’t think he’s been that good from the get-go. I think what we’ve had here is a little social concern in the NFL. The media has been very desirous that a black quarterback do well. There is a little hope invested in McNabb, and he got a lot of credit for the performance of this team that he didn’t deserve. The defense carried this team.”
Limbaugh Denies Racial Content; ESPN Defends Remarks - Limbaugh later says that his remarks were not meant to be racist; ESPN states: “Although Mr. Limbaugh today stated that his comments had ‘no racist intent whatsoever,’ we have communicated to Mr. Limbaugh that his comments were insensitive and inappropriate. Throughout his career, he has been consistent in his criticism of the media’s coverage of a myriad of issues.” ESPN vice president Mark Shapiro defends Limbaugh, saying: “This is not a politically motivated comment. This is a sports and media argument. Rush was arguing McNabb is essentially overrated and that his success is more in part [due] to the team assembled around him.” Because of his contractual insistence that he cannot be interviewed, no one from the press is allowed to ask Limbaugh for themselves what he did or did not mean. McNabb tells a Philadelphia reporter: “It’s sad that you’ve got to go to skin color. I thought we were through with that whole deal.” A subsequent ESPN report says that “Limbaugh’s remarks could be considered as untimely as they are thought to be out of bounds.” The report also notes that 10 NFL teams have had black quarterbacks start at least one game this season, and two of the league’s best quarterbacks, Michael Vick and Daunte Culpepper, are black. Eagles coach Andy Reid says, “I think the Philadelphia Eagles and the city of Philadelphia are very lucky to have Donovan McNabb.” [ESPN, 10/1/2003]
Controversy over Remarks - Limbaugh’s remarks spark considerable controversy among the sports community and among political pundits, with many defending Limbaugh and others decrying his comments. Democratic presidential candidates Wesley Clark (D-AK), Howard Dean (D-VT), and Al Sharpton (D-NY) call on ESPN to fire Limbaugh. The National Association of Black Journalists (NABJ) calls on ESPN to “separate itself” from Limbaugh, with NABJ president Herbert Lowe saying: “ESPN’s credibility as a journalism entity is at stake. It needs to send a clear signal that the subjects of race and equal opportunity are taken seriously at its news outlets.” McNabb adds in a comment to a reporter: “It’s somewhat shocking to hear that on national TV from him. It’s not something that I can sit here and say won’t bother me.” On his radio show, Limbaugh declares himself “right about something” because otherwise “there wouldn’t be this cacophony of outrage that has sprung up in the sports writer community.” Los Angeles Weekly reporter John Powers notes that Limbaugh’s remarks must be taken in the context of his history of making racially inflammatory comments. Powers notes that if sports commentator Jim Rome made the same remarks, little would have been made of them, because Rome has a history of being “criticized for being too soft on black athletes and callers.” Instead, Powers writes, Limbaugh is “a radio thug who has made his name saying things like, ‘The NAACP should have riot rehearsal. They should get a liquor store and practice robberies.’” Powers asks why Limbaugh would have brought the subject up at all, and answers his own question: “Because it fits Limbaugh’s ideologically charged belief that insidious ‘liberals’—that is, the media and government—keep bending over backward to give African-Americans special treatment that they don’t deserve. (This will come as news to most black Americans, who have a far higher level of poverty than the rest of the country.) We’ve moved beyond the point where big-time media figures will claim that blacks are inferior (and I have no evidence that Limbaugh thinks so). But you can still nab a huge audience by stirring up underlying racial resentments while pretending that you’re actually talking about ‘the media’—which is precisely what Limbaugh did in the McNabb case.… Limbaugh was practicing a kind of second-degree racism—on the carom, so to speak. And when he was called on it—not by his ESPN colleagues, alas—Rush beat a gutless retreat back to the bully’s pulpit of his radio show, where he can insist that widespread revulsion at his words proves they’re actually true (what reasoning!) and if anyone disagrees, he can just cut them off.” [ESPN, 10/2/2003; Los Angeles Weekly, 10/9/2003]
Limbaugh Resigns ESPN Position - Limbaugh resigns his position with ESPN on October 2. In a statement, he says: “My comments this past Sunday were directed at the media and were not racially motivated. I offered an opinion. This opinion has caused discomfort to the crew, which I regret. I love NFL Sunday Countdown and do not want to be a distraction to the great work done by all who work on it. Therefore, I have decided to resign. I appreciate the opportunity to be a part of the show and wish all the best to those who make it happen.” ESPN president George Bodenheimer calls Limbaugh’s resignation “appropriate.” [ESPN, 10/2/2003]

Entity Tags: George Bodenheimer, Wesley Clark, ESPN, Daunte Culpepper, Andy Reid, Al Sharpton, Rush Limbaugh, Philadelphia Eagles, National Football League, National Association of Black Journalists, John Powers, Jim Rome, Donovan McNabb, Howard Dean, Mark Shapiro, Michael Vick, Herbert Lowe

Timeline Tags: Domestic Propaganda

Wall Street Journal reporter Brian Anderson writes: “Watch Fox [News] for just a few hours, and you encounter a conservative presence unlike anything on television. When CBS and CNN would lead a news item about an impending execution with a candlelight vigil of death-penalty protesters, for example,” Anderson quotes Fox senior vice president for news John Moody as saying it is “de riguer that we put in the lead why the person is being executed.” Anderson continues, “Fox viewers will see Republican politicians and conservative pundits sought out for meaningful quotations, skepticism voiced about environmental ‘doomsaying,’ religion treated with respect, pro-life views given airtime—and much else they’d never find on other networks” (see October 13, 2009). [Jamieson and Cappella, 2008, pp. 50]

Entity Tags: Fox News, John Moody, Brian Anderson, CBS News, CNN, Wall Street Journal

Timeline Tags: Domestic Propaganda

The Supreme Court rules in the case of McConnell v. Federal Election Commission. The case addresses limitations on so-called “soft money,” or contributions to a political party not designated specifically for supporting a single candidate, that were imposed by the Bipartisan Campaign Reform Act of 2002 (BCRA), often known as the McCain-Feingold law after its two Senate sponsors (see March 27, 2002). A three-judge panel has already struck down some of McCain-Feingold’s restrictions on soft-money donations, a ruling that was stayed until the Court could weigh in. Generally, the Court rules that the “soft money” ban does not exceed Congress’s authority to regulate elections, and does not violate the First Amendment’s free speech clause. The ruling is a 5-4 split, with the majority opinion written by liberal Justice John Paul Stevens and his conservative colleague Sandra Day O’Connor. The opinion finds that the “minimal” restrictions on free speech are outweighed by the government’s interest in preventing “both the actual corruption threatened by large financial contributions and… the appearance of corruption” that might result from those contributions. “Money, like water, will always find an outlet,” the justices write, and the government must take steps to prevent corporate donors from finding ways to subvert the contribution limits. The majority is joined by liberal justices Stephen Breyer, Ruth Bader Ginsburg, and David Souter, and the four other conservatives on the court—Anthony Kennedy, William Rehnquist, Antonin Scalia, and Clarence Thomas—dissent. [Legal Information Institute, 12/2003; Oyez (.org), 2011] The case represents the consolidation of 11 separate lawsuits brought by members of Congress, political parties, unions, and advocacy groups; it is named for Senator Mitch McConnell, who sued the FEC on March 27, 2002, the same day the bill was signed into law. Due to the legal controversy expected to be generated by the law and the need to settle it prior to the next federal election, a provision was included in the BCRA that provided for the case to be heard first by a special three-judge panel and then appealed directly to the Supreme Court. This District of Columbia district court panel, comprised of two district court judges and one circuit court judge, was inundated with numerous amicus briefs, almost 1,700 pages of related briefs, and over 100,000 pages of witness testimony. The panel upheld the BCRA’s near-absolute ban on the usage of soft money in federal elections, and the Supreme Court agrees with that finding. However, the Court reverses some of the BCRA’s limitations on the usage of soft money for “generic party activities” such as voter registration and voter identification. The district court overturned the BCRA’s primary definition of “noncandidate expenditures,” but upheld the “backup” definition as provided by the law. Both courts allow the restrictions on corporate and union donations to stand, as well as the exception for nonprofit corporations. The Court upholds much of the BCRA’s provisions on disclosure and coordinated expenditures. The lower court rejected the so-called “millionaire provisions,” a rejection the Supreme Court upholds. A provision banning contributions by minors was overturned by the lower court, and the Court concurs. The lower court found the provision requiring broadcasters to collect and disclose records of broadcast time purchased for political activities unconstitutional, but the Court disagrees and reinstates the requirement. [Legal Information Institute, 12/2003] McConnell had asked lawyer James Bopp Jr., a veteran of anti-campaign finance lawsuits and the head of McConnell’s James Madison Center for Free Speech, to take part in the legal efforts of the McConnell case. However, before the case appeared before the Supreme Court, McConnell dropped Bopp from the legal team due to a dispute over tactics. [New York Times, 1/25/2010] The 2010 Citizens United decision will partially overturn McConnell (see January 21, 2010).

Entity Tags: Federal Election Commission, David Souter, Bipartisan Campaign Reform Act of 2002, Antonin Scalia, Anthony Kennedy, William Rehnquist, US Supreme Court, Stephen Breyer, Sandra Day O’Connor, National Rifle Association, Mitch McConnell, John Paul Stevens, Ruth Bader Ginsburg, James Bopp, Jr, Clarence Thomas

Timeline Tags: Civil Liberties

Peter Lewis of Progressive Insurance.Peter Lewis of Progressive Insurance. [Source: Forbes]Billionaire George Soros, a frequent contributor to Democratic and liberal causes, gives $23.7 million to a number of “527s,” politically active groups that operate independently of particular campaigns or candidates (see 2000 - 2005, March 2000 and After, and June 30, 2000). Peter Lewis, the CEO of Progressive Insurance, gives almost that much, with donations totaling $23.247 million. Their donations include:
bullet $16 million (Lewis) and $12,050,000 (Soros) to the Joint Victory Campaign 2004, an “umbrella” fundraising entity that distributes funds to two other major groups, America Coming Together (ACT) and The Media Fund.
bullet $7,500,000 (Soros) and $2,995,000 (Lewis) to America Coming Together.
bullet $2,500,000 (Soros) and $2,500,000 (Lewis) to MoveOn.org.
bullet $650,000 (Lewis) and $325,000 (Soros) to the Young Democrats of America.
bullet $485,000 (Lewis) to the Marijuana Policy Project.
bullet $325,000 (Soros) to Democrats 2000.
bullet $300,000 (Soros) to the Real Economy Group.
bullet $300,000 (Soros) to the Campaign for America’s Future.
bullet $250,000 (Soros) and $250,000 (Lewis) to Democracy for America.
bullet $250,000 (Soros) to Safer Together 04.
bullet $117,220 (Lewis) to Stonewall Democrats United.
bullet $100,000 (Lewis) to the Gay and Lesbian Victory Fund.
bullet $100,000 (Lewis) to the Sierra Club.
bullet $50,000 (Lewis) to PunkVoter.Inc. [Center for Responsive Politics, 2012; Discover the Secrets, 2012; Center for Responsive Politics, 6/11/2012; Center for Responsive Politics, 6/11/2012]

Entity Tags: George Soros, America Coming Together, Young Democrats of America, Democrats 2000, Democracy for America, Gay and Lesbian Victory Fund, Campaign for America’s Future, Stonewall Democrats United, The Media Fund, MoveOn (.org), Marijuana Policy Project, Sierra Club, Peter Lewis, Safer Together 04, PunkVoter.Inc., Joint Victory Campaign, Real Economy Group

Timeline Tags: Civil Liberties, 2004 Elections

Sam Francis, a white supremacist and syndicated columnist (see September 1995), marks the 50th anniversary of the landmark civil rights case Brown v. Board of Education by calling it “the most dangerous and destructive Supreme Court decision in American history.” Francis blames the decision for giving the Supreme Court the impetus to “gut… state and local law enforcement powers” (referring to the 1966 Miranda v. Arizona ruling that gave suspects basic rights after being arrested), “ban… school prayer,” weaken laws “against sedition and obscenity,” overturn death penalty statutes and “laws governing sexual morals,” and legalize abortion. “This is merely a partial list of the tyranny the Court has succeeded in creating because the American people allowed it to get away with Brown,” he writes. The decision is uniformly disastrous, he continues, with no “merits in law” to justify its existence. The Constitution never intended for children of different races to go to school together, Francis writes, and therefore the Supreme Court should never have ruled that schools should be desegregated. Moreover, he writes, school segregation actually promotes the academic success of African-American children. “By cramming through a legally groundless ruling that authorized the federal engineering of American society, Brown alienated Southern whites for at least a generation, wrecked public education, and helped revolutionize both cities and suburbs,” he concludes. “Today, schools once entirely white because of segregation laws are entirely black because of Brown. The white middle class exodus has meant the domination of cities by a black underclass, the crooks and demagogues it puts in office, and the financial and social devastation of American urban life.” Francis’s columns are provided to a national audience by Creators Syndicate. [VDare (.com), 5/17/2004]

Entity Tags: US Supreme Court, Sam Francis

Timeline Tags: Domestic Propaganda

Conservative radio host Michael Savage marks the 50th anniversary of the historic civil rights case Brown v. Board of Education by saying, “Everything about [the case] is sickening.” Savage criticizes President Bush for “trying to outmaneuver [Democratic presidential candidate John] Kerry on the race issue” by being photographed “hugging people of color” at a church in Birmingham, Alabama. Savage calls the idea that there is racism in America “left-wing brainwashing.… [W]hat, racism still exists? Well okay, where does it still exist? Can you tell me of some minority here who can’t get ahead in this country if he’s smart, or she’s smart, and she pushes, as much as a white person?… In fact they’re given priority treatment everywhere, you know that.” Savage calls a recent claim by Kerry that schools remain underfunded and divided by income “rubbish, pure rubbish,” and implies that African-American children will perform at lower levels than their white counterparts no matter how equal funding is: “I can show you one minority school after another, with more funding per capita than surrounding, suburban white schools, and the kids still do badly. Okay? Take that—put that in your pipe and smoke it, and go explain it to yourself, because I know the reasons why.” [Media Matters, 5/21/2004]

Entity Tags: George W. Bush, Michael Savage, John Kerry

Timeline Tags: Domestic Propaganda

A Pew Center for the People and the Press study finds that 35 percent of Republicans consistently watch Fox News, while 21 percent of Democrats do so. Fox has experienced the largest increase in viewers, and 52 percent of its audience defines itself as conservative. In general, Republicans consider Fox the most reliable broadcast news outlet, while Democrats consider it the least reliable. Overall, trust in mainstream news outlets, from CNN and ABC to the Wall Street Journal and the New York Times, has declined sharply since 2000. The biggest rise is in the number of news consumers who get their news from online, i.e. Internet, sources. [Pew Center for the People and the Press, 6/8/2004; Jamieson and Cappella, 2008, pp. 237]

Entity Tags: Pew Center for the People and the Press, ABC News, CNN, Wall Street Journal, Fox News, New York Times

Timeline Tags: Domestic Propaganda

Richard Viguerie.Richard Viguerie. [Source: PBS]Conservative marketing expert Richard Viguerie, writing with David Franke in America’s Right Turn, notes: “Conservatives will almost always defend Fox [News]‘s claim to be ‘fair and balanced,’ but they find it hard to do so without a smirk or smile on their face.… They proudly want to claim Fox as one if their own—it’s one of the movement’s great success stories” (see October 13, 2009). [Jamieson and Cappella, 2008, pp. 49]

Entity Tags: Fox News, Richard Viguerie

Timeline Tags: Domestic Propaganda

The Federal Election Commission (FEC) dismisses the complaint “Citizens United v. Michael Moore and Fahrenheit 9/11.” The conservative lobbying group Citizens United (CU—see (May 11, 2004)) had complained to the Federal Election Commission (FEC) that liberal documentarian Michael Moore released a movie, Fahrenheit 9/11 (see June 25, 2004), that was so critical of the Bush administration that it should be considered political advertising. If the movie is indeed political advertising, under federal law it cannot be shown within 30 days before a primary election or 60 days before a general election. The FEC dismisses the complaint, finding no evidence that the movie’s advertisements had broken the law. The movie’s distributors, Lions Gate, assure the FEC that they do not intend to advertise the movie during the time periods given under the law. [Federal Election Commission, 8/6/2004; Moneyocracy, 2/2012] In the aftermath of the FEC decision, CU leaders Floyd Brown (see September 21 - October 4, 1988) and David Bossie will decide that they can do what Moore did, and decide to make their own “documentaries.” Bossie realized after Fahrenheit 9/11 aired that it, and the television commercials promoting it, served two purposes—attacking President Bush and generating profits. Having already conducted an examination of the career of former First Lady Hillary Clinton (D-NY), now a sitting senator with presidential aspirations, the organization will decide to make its first “feature film” about her (see January 10-16, 2008). [New Yorker, 5/21/2012]

Entity Tags: Hillary Clinton, Citizens United, Bush administration (43), David Bossie, Floyd Brown, Michael Moore, Federal Election Commission, Lions Gate

Timeline Tags: Civil Liberties, 2004 Elections

Wangari Maathai.Wangari Maathai. [Source: AFP / Front Page Magazine]Conservative pundit David Horowitz, the founder and editor of Front Page Magazine, calls Nobel Peace Prize laureate Wangari Maathai a “black racist” for her speculations that the AIDS virus may have been created in a laboratory. Maathai, a Kenyan ecologist and environmental activist, says: “Some say that AIDS came from the monkeys, and I doubt that because we have been living with monkeys [since] time immemorial, others say it was a curse from God, but I say it cannot be that. Us black people are dying more than any other people in this planet.… It’s true that there are some people who create agents to wipe out other people. If there were no such people, we could have not have invaded Iraq. We invaded Iraq because we believed that Saddam Hussein had made, or was in the process of creating, agents of biological warfare. In fact it [the HIV virus] is created by a scientist for biological warfare.… Why has there been so much secrecy about AIDS? When you ask where did the virus come from, it raises a lot of flags. That makes me suspicious.” A US State Department official says the US does not agree with Maathai’s claims about AIDS. Horowitz responds to Maathai’s speculations by posting an article on the Front Page Web site entitled “Black Racist Wins Nobel Prize (Thanks to the Leftwing Racists on the Nobel Committee).” [Australian Broadcasting Corporation, 10/9/2004; Front Page Magazine, 10/9/2004; Media Matters, 12/1/2004] Four days later, Horowitz features an article by Front Page author Ben Johnson entitled “Nobel Hates Whitey,” in which Johnson calls Maathai “a paranoid, anti-white, anti-Western crusader for international socialism.” Johnson interprets Maathai’s words to mean that, in his phrasing, “white devils” concocted AIDS to eradicate blacks. He terms her claims “blood libel,” accuses her of fomenting violence against Kenyan police, and says she has worked with environmentalists at the United Nations to promote “global socialism.” [Front Page Magazine, 10/13/2004]

Entity Tags: Ben Johnson, Wangari Maathai, David Horowitz

Timeline Tags: Domestic Propaganda

Fox News talk show host Sean Hannity claims, falsely, that former vice president and Democratic presidential candidate Al Gore “brought Willie Horton to the American people.” Hannity is referring to the infamous “Willie Horton” ad of the 1988 presidential campaign, a Republican campaign strategy that claimed African-American Willie Horton was released and went on to rape a white woman by Democratic presidential candidate Michael Dukakis (see September 21 - October 4, 1988). Hannity’s statement comes in response to a recent citation of the Horton ad by Princeton University professor Cornel West, who cited the ad as an example of the Republican Party’s political exploitation of race. Hannity notes correctly that in the 1988 Democratic presidential primaries, Gore asked Dukakis about “weekend passes for convicted criminals,” referring to the Massachusetts furlough program that freed Horton. However, Gore never mentioned Horton at all. The first national mention of Horton came in the ads released by the Bush campaign and by an ostensibly independent conservative organization, the National Security Political Action Committee (NSPAC). According to progressive media watchdog organization Media Matters, Hannity has made similar claims about Gore first bringing up Horton in the past. [Media Matters, 11/10/2004]

Entity Tags: Sean Hannity, William (“Willie”) Horton, Fox News, Albert Arnold (“Al”) Gore, Jr., Cornel West, Republican Party, National Security Political Action Committee, Michael Dukakis

Timeline Tags: Domestic Propaganda

US News and World Report senior writer Michael Barone accuses Democratic pollster Anna Greenberg of “blood libel on the American people” in response to Greenberg’s claim that the 1988 Bush campaign ads featuring convicted murderer Willie Horton were examples of “racial politics” (see September 21 - October 4, 1988). The progressive media watchdog organization Media Matters will note that the phrase “blood libel” specifically denotes accusations that a particular group, often Jews, practices human sacrifice, and cites one famous (and entirely false) allegation that “Jews kill Christian and Muslim children and use their blood to make Passover matzohs.” Barone and Greenberg are panelists on the evening’s edition of The Kalb Report, a panel discussion on C-SPAN hosted by journalist and author Marvin Kalb. The topic of the current discussion is “A Post-Election Analysis: Values, Religion, Politics, and the Media.” Greenberg calls the Horton ads examples of “racial politics in the 1980s,” to which Barone says in response: “I think this whole Willie Horton thing is a slur on the American people. The argument has been made by Democrats and liberals that the Bush campaign in ‘88 supposedly showed pictures of this man. It did not. There was an independent expenditure ad that did. But they did not. They showed white prisoners in the ad. And the argument against [1988 Democratic presidential candidate] Michael Dukakis, which he never effectively countered because there is no effective counter, is that giving furlough to people who have life without parole is a position that Dukakis defended over 11 years as governor of Massachusetts or governor candidate, is a crazy law, and he supported it over 11 years. You don’t have to be a racist to want a murderer, whatever his race, to stay in jail and not be allowed outside on the weekend. To say that the American people were racist and they just want black people in, is blood libel on the American people.” Barone is incorrect in saying that Horton’s picture was never used in the ads (it was not used in official Bush campaign ads, but it was used in ads by purportedly “independent” organizations supporting the Bush candidacy), and he fails to note that while Dukakis indeed supported the Massachusetts furlough law that allowed Horton the freedom to commit felonies even after being sent to jail for murder, he did not enact the law. Media Matters will note that the Horton ads have long been accepted as strong examples of racial politics, including a 1995 statement from Secretary of State Colin Powell who called the ads “racist.” [Media Matters, 11/17/2004]

Entity Tags: Media Matters, Anna Greenberg, Colin Powell, Michael Barone, George Herbert Walker Bush, William (“Willie”) Horton, Marvin Kalb, Michael Dukakis

Timeline Tags: Domestic Propaganda

A still from the advertisement featuring Terrell Owens and Nicollete Sheridan.A still from the advertisement featuring Terrell Owens and Nicollete Sheridan. [Source: ESPN]Author Sam Francis (see September 1995), in a column originally published on the white supremacist Web site VDare.com, criticizes the broadcast of an ESPN ad featuring a white actress kissing a black football player, and says the ad promotes the “fairly radical concept” that “interracial sex is normal and legitimate.” The ad features “white sexpot Nicolette Sheridan… smooching up to black football star Terrell Owens in the locker room of the Philadelphia Eagles.” Francis calls the ad “an intentional act of moral subversion,” and continues: “[T]he Owens-Sheridan ad was interracial and brazenly so—if only morals and taste had been the targets, the producers could easily have found white actresses who are less obviously Nordic than the golden-locked Miss Sheridan, but Nordic is what the ad’s producers no doubt wanted.… The message of the ad was that the white women are eager to have sex with black men, that they should be eager, and that black men should take them up on it.” Francis goes on to say the ad would have been less objectionable had the two people involved been of the same race. Instead: “[T]he ad’s message also was that interracial sex is normal and legitimate, a fairly radical concept for both the dominant media as well as its audience. Nevertheless, for decades, interracial couples of different sexes have been sneaked into advertising, movies, and television series, and almost certainly not because of popular demand from either race. The Owens-Sheridan match is only the most notorious to date. In the minds of those who produced the ad, race is at least as important as the moral and aesthetic norms their ad subverts. To them, the race as well as the religion, the morality, and the culture of the host society are all equally hostile and oppressive forces that need to be discredited, debunked, and destroyed. If the destruction can’t happen at the polls or through the courts, they can always use the long march through the culture that control of the mass media allows. Breaking down the sexual barriers between the races is a major weapon of cultural destruction because it means the dissolution of the cultural boundaries that define breeding and the family and, ultimately, the transmission and survival of the culture itself.” Francis’s article is given national distribution by Creators Syndicate, prompting an outcry against Francis’s apparent belief that interracial sex is immoral. Creators Syndicate editor Anthony Zurcher says that while he does not personally agree with Francis’s column, he does not find it “so reprehensible” that it should not have been syndicated. Francis’s article is archived at, among other places, the Web site of the American Renaissance movement, an openly “racialist” group calling for white separatism and the enforced oppression of non-whites in the US. [American Renaissance, 11/26/2004; Media Matters, 12/10/2004] David Brock, the president of the progressive media watchdog organization Media Matters, writes in a letter to Creators Syndicate: “We strongly condemn the clear bigotry in this column and assume that newspaper editors across the country feel the same way, as a search of newspapers available on Nexis revealed that none have chosen to run the column. Regardless, Creators’ willingness to distribute such abhorrent views calls into question the syndicate’s ethical and editorial standards.” [Media Matters, 12/7/2004]

Entity Tags: Nicolette Sheridan, Anthony Zurcher, American Renaissance, Creators Syndicate, Sam Francis, David Brock, Terrell Owens

Timeline Tags: Domestic Propaganda

Conservative pundit and author David Horowitz labels liberal radio host Al Franken a “racist,” publishing a photograph of Franken on his Web site labeled as such. In 2003, Franken termed Horowitz a “racist” in his book Lies and the Lying Liars Who Tell Them, citing numerous examples of what Franken believed to be racist comments from Horowitz. In his op-ed, Horowitz promises to keep the photograph on the front page of his Web publication Front Page Magazine until Franken “apologize[s] to me publicly for this attack.” Horowitz widens his claim, adding that the Internet is studded with Web sites and organizations used by Franken and other liberals to tar conservatives with charges of “racism,” and compares those organizations—including Public Eye, NameBase, MediaTransparency, People for the American Way, and the Southern Poverty Law Center—of being “leftwing version(s) of ‘Red Channels,’ the infamous newsletter that provided lists of Communists in the McCarthy era.” National Review editor Jay Nordlinger joins with Horowitz in attacking Franken in a column published simultaneously on the National Review’s Web site. Horowitz writes that he was aware of Franken’s disparaging remarks about him in his book, but has only now chosen “to take notice of Franken’s assault.” He writes, “There is not a single sentence, or phrase, or comment of mine that could be cited to justify Franken’s attack.” He refuses to say why Franken is a racist, but promises to reveal his evidence of Franken’s racism after Franken apologizes. Responding to Horowitz’s op-ed, the progressive media watchdog organization Media Matters notes several instances of what appear to be overtly racist remarks and writings by Horowitz, including his attempt to characterize the idea of slavery reparations as “racist” (see March 1-2, 2001), and his attempt to claim that blacks themselves are responsible for the economic and criminal depredations their communities endure (see August 16, 1998). [Media Matters, 11/30/2004; Front Page Magazine, 11/30/2004] Horowitz has a long history of labeling liberal and progressive figures and institutions “racist” (see August 29, 2001, March 15, 2002, July 15, 2002, August 5, 2003, and October 9-13, 2004).

Entity Tags: Media Matters, Al Franken, Jay Nordlinger, David Horowitz

Timeline Tags: Domestic Propaganda

Americans for Prosperity logo.Americans for Prosperity logo. [Source: Americans for Prosperity]After the 2004 presidential election, the “astroturf” organization Citizens for a Sound Economy (see Late 2004) splits due to internal dissension. Oil billionaire David Koch and Koch Industries lobbyist Richard Fink (see August 30, 2010) launch a new “astroturf” organization, Americans for Prosperity (AFP—see May 29, 2009)). They hire Tim Phillips to run the organization. Phillips (see August 6, 2009) is a veteran political operative who worked closely with Republican operative Ralph Reed; the two co-founded the political consulting firm Century Strategies. Phillips’s online biography will describe him as an expert in “grasstops” and “grassroots” political organizing. Conservative operative Grover Norquist will call Phillips “a grownup who can make things happen.” In 2009, Phillips will claim that AFP has “only” 800,000 members, but its Web site will claim “1.2 million activists.” A former employee of the Cato Institute, a Koch-founded libertarian think tank, will say that AFP is “micromanaged by the Kochs” (indicating involvement by both David and Charles Koch). [New Yorker, 8/30/2010]

Entity Tags: David Koch, Cato Institute, Americans for Prosperity, Century Strategies, Citizens for a Sound Economy, Koch Industries, Charles Koch, Tim Phillips, Ralph Reed, Richard Fink, Grover Norquist

Timeline Tags: Domestic Propaganda

Senate Minority Leader Harry Reid (D-NV) is accused of racism following remarks he makes about Supreme Court Justice Clarence Thomas on NBC’s Meet the Press. Asked by moderator Tim Russert if he could support conservative Justice Antonin Scalia as chief justice, Reid says Scalia’s ethics problems are troubling and that he disagrees with most of his positions, but adds that Scalia “is one smart guy.” Asked if he could support Thomas, Reid says: “I think that he has been an embarrassment to the Supreme Court. I think that his opinions are poorly written. I don’t—I just don’t think that he’s done a good job as a Supreme Court justice.” [NBC News, 12/5/2004] Conservative pundits are quick to accuse Reid of racism, though he never makes any mention of Thomas’s race. On December 6, Charles Krauthammer tells a Fox News audience: “In the end, you’ve got to ask yourself, why Scalia, good, Thomas, bad in the eyes of a man like Reid. I say it’s the liberal plantation mentality, in which if you’re a man on the right and white, it’s OK. If you are the man on the right and you’re African-American, it’s not.” The same day, Clifford May tells a CNN audience: “Look, Justice Thomas is African-American and he’s conservative. Some people [like Reid] will never forgive that and think that’s an open opportunity to insult him.” During his daytime radio broadcast, talk show host Rush Limbaugh tells his audience: “[I]t’s not a new page in the playbook but it’s certainly not as old as the playbook itself. But it’s been around awhile. That is conservative blacks are inept, a la Clarence Thomas.… You notice how easy it is for these people to be critical of blacks.” Wall Street Journal columnist James Taranto writes that since Reid did not provide examples of Thomas’s “poorly written” opinions, “[i]n the absence of such examples, one can’t help but suspect that the new Senate Democratic leader is simply stereotyping Thomas as unintelligent because he is black.” That evening, Sean Hannity, co-host of Fox’s Hannity and Colmes, tells his listeners that Democrats routinely attack minority conservatives such as Thomas, National Security Adviser Condoleezza Rice, and federal judge nominee Miguel Estrada, and adds: “What I see is Democrats oppose African-Americans that are conservative, but yet they claim to support minority rights. And what I’m saying here is, why, if you’re for the advancement of minorities, why do you oppose every conservative African-American or Hispanic American? Why is this pattern emerging?” On December 7, African-American conservative Armstrong Williams says on Fox’s Hannity and Colmes: “Did you hear those racist remarks from Senator Harry Reid about Justice Thomas?… Harry Reid’s the one—he said Thomas was an embarrassment. He said he cannot write. That is racism.… That is racism, only because of the hue of his skin.… Read his [Reid’s] words. He was a racist.” On December 8, Taranto writes in another Wall Street Journal column, “To try to make Republican judges seem menacing, the Dems could call them ‘extremist’ or ‘out of the mainstream’ (and if the judges happen to be black, add that their opinions are ‘poorly written’).” [Washington Post, 12/6/2004; Media Matters, 12/8/2004] Conservative columnist Ann Coulter will include Reid in her much wider attacks against what she calls “liberal racism” (see December 8, 2004).

Entity Tags: Clarence Thomas, Charles Krauthammer, Antonin Scalia, Ann Coulter, Tim Russert, Sean Hannity, Miguel Estrada, Armstrong Williams, Condoleezza Rice, Clifford May, James Taranto, Harry Reid, Rush Limbaugh

Timeline Tags: Domestic Propaganda

Conservative columnist Ann Coulter, in her daily syndicated column, accuses Democrats and liberals of “racism” for criticizing African-American conservatives. Coulter’s column is partly in response to recent remarks by Senate Minority Leader Harry Reid (D-NV) that other conservatives have characterized as racist (see December 5-8, 2004). Coulter expands her criticism well beyond Reid, to accuse African-American columnist Bob Herbert of the New York Times of being a “black liberal” whose criticism of black conservatives is, in her view, racially motivated, and accuses white Times media critic Caryn James of “launching racist attacks on black conservatives” (Coulter mistakenly identifies James as African-American). Coulter begins by referring to comments by the recently deceased Washington Post columnist Mary McGrory, who called Supreme Court Justice Antonin Scalia “a brillant and compelling extremist” and Supreme Court Justice Clarence Thomas (see October 13, 1991) “Scalia’s puppet.” According to Coulter, McGrory’s statement “is the kind of rhetoric liberals are reduced to when they just can’t bring themselves to use the N-word.” Referring to Reid’s characterization of Thomas as the author of “poorly written” Court opinions, Coulter writes, “You’d think Thomas’ opinions were written in ebonics.” She concludes by calling Herbert and James “Uncle Toms.” The same evening, Coulter continues her attacks on Fox News, appearing as a guest on Bill O’Reilly’s broadcast. According to Coulter, liberals “feel like they have blacks on the plantation, they can say whatever they like. And, interestingly, you don’t even hear Hispanic conservatives attacked in the same way that people like Condoleezza Rice and Clarence Thomas are, and—and, I mean, just look at it. Look at what the Democrats’ minority leader in the Senate said this weekend. He praises Scalia as ‘Oh, he’s one smart guy, and his opinions, can’t dispute the logic, though I disagree with them,’ and then he says of Clarence Thomas ‘He’s an embarrassment. His opinions—they’re just poorly written.’” O’Reilly agrees, saying that Democrats who try to “demean people with whom [they] disagree with politically” are “loathsome.” Coulter says that Democrats are “enraged” about the 2004 elections, and in response “they’re lashing out at the blacks.” [Ann Coulter, 12/8/2009; Media Matters, 12/10/2009]

Entity Tags: Caryn James, Ann Coulter, Antonin Scalia, Bob Herbert, Fox News, Mary McGrory, Clarence Thomas, Bill O’Reilly, Harry Reid

Timeline Tags: Domestic Propaganda

Alex Ben Lock of Television Week writes: “We have seen in the past year the rise of the Fox News Channel, founded only in 1996 (see October 7, 1996), as one of the most important news media of our culture.… Fox has engaged an even larger audience that is amazingly loyal to the FNC brand.… Fox News, in combination with a network of conservative talk radio commentators, has changed the way many Americans process news—despite or maybe because of the adamant opposition of numerous intellectuals, journalists, celebrities, and others who still can’t believe what has happened” (see October 13, 2009). [Jamieson and Cappella, 2008, pp. 48]

Entity Tags: Alex Ben Lock, Fox News

Timeline Tags: Domestic Propaganda

Jared Taylor.Jared Taylor. [Source: Jared Taylor]The Pittsburgh Post-Gazette publishes a profile of Jared Taylor, an academic often seen and heard on news and opinion broadcasts as a “race-relations expert,” but called by the Post-Gazette “a racist in the guise of [an] ‘expert.’” The profile follows a number of radio appearances made by Taylor on January 17, the federal holiday honoring the birth of Dr. Martin Luther King Jr.; Taylor, according to the Post-Gazette, told his audiences that King “was a philanderer, a plagiarist, and a drinker who left a legacy of division and resentment, and was unworthy of a national holiday.” Taylor heads the New Century Foundation (NCF), a Virginia-based organization that promotes the ideas that blacks are genetically less intelligent than whites, are sexually promiscuous because of hyperactive sex drives, and other pseudo-scientific ideas about blacks and other minorities. The Post-Gazette writes that “Taylor keeps company with a collection of racists, racial ‘separatists,’ and far-right extremists,” including some of the NCF board members, who have included members of the Council of Conservative Citizens (CCC), the successor to the White Citizens Councils of the 1950s and ‘60s; a member of the American Friends of the British National Party (BNP), a far-right neo-Nazi political party in Britain; and an anti-immigration author who has reviewed books for a Holocaust denial journal. Taylor publishes American Renaissance magazine, which regularly publishes “academic” follies that “prove” multiculturalism is wrong. He once wrote for the magazine, “If whites permit themselves to be displaced, it is not just the high culture of the West that could disappear but such things as representative government, rule of law, and freedom of speech, which whites usually get right and everyone else usually gets wrong.” Taylor, like former Klan leader David Duke, Web site owner and former Klansman Don Black (see March 1995), and others, is among the leaders of what the Post-Gazette calls “the new tactics of white supremacy.” Taylor and his confreres eschew the crude race-baiting and calls for explicit violence for more dispassionate, pseudo-academic and media-friendly presentations that use false science and “moderate” language to push their racist views. Taylor’s staff secured a half-dozen radio spots for King’s holiday by sending out the following email to dozens of radio stations: “Not everyone celebrates the legacy of Martin Luther King. Editor of American Renaissance magazine and race-relations expert Jared Taylor would be pleased to offer your listeners a view of Dr. King that challenges conventional wisdom.” The email listed Taylor’s resume: degrees from Yale and the Institute for Political Study in Paris, business consultant in Japan, author of four books. “Jared Taylor is the cultivated, cosmopolitan face of white supremacy,” says Mark Potok of the Southern Poverty Law Center. “He is the guy who is providing the intellectual heft, in effect, to modern-day Klansmen.” Taylor denies ever being a member of the Klan, or even knowing any Klan members, but both Black and Duke have appeared at his American Renaissance conferences; Potok has a photograph of Black having a beer at Taylor’s kitchen table. Taylor routinely denies publishing racially inflammatory material in his magazine, even when confronted with the actual published material, and denies writing white supremacist material for the BNP’s monthly magazine, Spearhead, even though his work (published under his “other name,” Samuel Taylor, is readily accessible). He says that those who call him a racist merely want to avoid having a rational discussion about his ideas. However, his ties with racist organizations are easily proven. Taylor has hosted former BNP leader John Tyndall at his home in Oakton, Virginia. The NCF’s 1999 tax returns list the Council of Conservative Citizens (CCC) as an organization to which the NCF is “related… through common membership, governing bodies, trustees, officers, etc.” [Pittsburgh Post-Gazette, 1/23/2005] The Anti-Defamation League will later write, “[Taylor] maintains ties to a variety of racist organizations, publications, and individuals, both domestic and international, and many of North America’s leading intellectual racists have written for American Renaissance or have addressed the biennial American Renaissance conferences.” [Anti-Defamation League, 2011]

Entity Tags: John Tyndall, Anti-Defamation League, American Friends of the British National Party, Council of Conservative Citizens, Don Black, Mark Potok, Pittsburgh Post-Gazette, New Century Foundation, Samuel Jared Taylor, David Duke

Timeline Tags: Domestic Propaganda

Fox News senior anchor Brit Hume and Fox analyst William Bennett both make the false claim that former President Franklin D. Roosevelt wanted to replace Social Security with private accounts. In fact, Roosevelt, who implemented Social Security, was in favor of “voluntary contributory annunities” to supplement Social Security benefits, but never proposed replacing Social Security with private money. Hume and Bennett both support President Bush’s plan to partially “privatize” Social Security; Bush himself has asserted, equally falsely, that Roosevelt supported privatization. On Fox’s political talk show Hannity and Colmes, Bennett tells viewers: “Franklin Delano Roosevelt, the guy who established Social Security, said that it would be good to have it replaced by private investment over time. Private investment would be the way to really carry this thing through.” That same evening, Hume tells his audience: “In a written statement to Congress in 1935, Roosevelt said that any Social Security plans should include, quote, ‘Voluntary contributory annuities, by which individual initiative can increase the annual amounts received in old age,’ adding that government funding, quote, ‘ought to ultimately be supplanted by self-supporting annuity plans.’” Hume fails to point out that Roosevelt was not talking about “supplant[ing]” Social Security with any “self-supporting annuity plans,” but instead was talking about a different fund that provided pension benefits to Americans too old (in 1935) to contribute payroll taxes to Social Security. In 1935, Edwin Witte, the director of the Committee on Economic Security, told Congress flatly that voluntary accounts were intended as a “separate undertaking” meant to “supplement” the compulsory system, not replace it. [Media Matters, 2/4/2005] Days before the Fox broadcasts, Roosevelt’s grandson James Roosevelt Jr., a former Social Security associate commissioner, noted that “Bush invoked the name of my grandfather… as part of his campaign to privatize Social Security,” and added, “The implication that FDR would support privatization of America’s greatest national program is an attempt to deceive the American people and an outrage.” [Boston Globe, 1/31/2005] Liberal pundit Al Franken calls on Hume to resign over his historical distortions; MSNBC host Keith Olbermann calls Hume’s statements “premeditated, historical fraud,” and Roosevelt Jr. says that “outrageous distortion… calls for a retraction, an apology, maybe even a resignation.” [Media Matters, 2/18/2005] Influential conservative blogger Glenn Reynolds will acknowledge that Roosevelt was not advocating for the privatization of Social Security, instead noting that Roosevelt’s plan “would have involved, essentially, a sort of government-supplied 401k plan.” [Glenn Reynolds, 2/4/2005]

Entity Tags: George W. Bush, Al Franken, Brit Hume, Franklin Delano Roosevelt, William J. Bennett, Fox News, Glenn Reynolds, Keith Olbermann, James Roosevelt Jr

Timeline Tags: Global Economic Crises, Domestic Propaganda

Fox News talk show host Sean Hannity and conservative radio host Laura Ingraham repeat the long-debunked claim that former vice president and Democratic presidential candidate Al Gore first mentioned convicted murderer and rapist Willie Horton in the context of a political campaign. Hannity and Ingraham are referring to the infamous “Willie Horton” ad of the 1988 presidential campaign, a Republican campaign strategy that falsely claimed African-American Willie Horton was released and went on to rape a white woman by Democratic presidential candidate Michael Dukakis (see September 21 - October 4, 1988). Responding to a Democratic political strategist’s citation of the Horton ad as an example of Republican political appeals to racism, Ingraham, a guest on Hannity’s show, says the Horton ad “was Al Gore’s idea,” and Hannity says, “Al Gore brought up Willie Horton in the first—in the [Democratic] primary.” As has long been proven, Gore never mentioned Horton in the 1988 Democratic presidential primaries; instead, it was the Bush-Quayle campaign that introduced Horton to the American public. [Media Matters, 2/16/2005] Hannity has charged Gore with first bringing up Horton before (see November 9, 2004).

Entity Tags: Michael Dukakis, Sean Hannity, Albert Arnold (“Al”) Gore, Jr., Fox News, William (“Willie”) Horton, Laura Ingraham

Timeline Tags: Domestic Propaganda

Conservative radio host Rush Limbaugh tells his listeners that “multicultural curricula” implemented in US public schools teach students that America would have been better off had white Europeans never come to American shores. Limbaugh says: “Multicultural curricula, multicultural training [is] understanding that you’re no better than anybody else and understanding the Indians got screwed, that it’s really their country. Understanding that white Europeans brought to this country syphilis and other disease, environmentalism, sexism, racism, and homophobia. If it weren’t for all of that, this really would be a great country if white Europeans had just stayed where they were.” [Media Matters, 5/11/2005] Lynne Cheney, the wife of Vice President Dick Cheney, has called multicultural education an “important requirement” for American children. [White House, 10/5/2001]

Entity Tags: Lynne Cheney, Rush Limbaugh

Timeline Tags: Domestic Propaganda

William Bennett.William Bennett. [Source: Ashbrook Center, Ashland University]William Bennett, the conservative radio host, Fox News contributor, and former secretary of education under Ronald Reagan, tells his listeners that one way to drop the US crime rate would be to “abort every black baby in this country.” Bennett, who reaches a weekly audience of some 1.25 million, is apparently going off a claim in the economic treatise Freakonomics by Steven Levitt and Stephen Dubner, who argued that legalized abortion has lowered crime rates, since many aborted fetuses, growing up in poor homes and in single-parent or teenaged-parent homes, would have been more likely to commit crimes. Levitt and Dubner made no race-based claims. A caller to Bennett’s show says the national media “talk[s] a lot about the loss of revenue, or the inability of the government to fund Social Security, and I was curious, and I’ve read articles in recent months here, that the abortions that have happened since Roe v. Wade (see January 22, 1973), the lost revenue from the people who have been aborted in the last 30-something years, could fund Social Security as we know it today. And the media just doesn’t—never touches this at all.” After some back-and-forth about assumptions over how many of those aborted fetuses would have grown up to be productive citizens, speculations about costs, and Bennett’s citation of the Freakonomics claim, he says: “I do know that it’s true that if you wanted to reduce crime, you could—if that were your sole purpose, you could abort every black baby in this country, and your crime rate would go down. That would be an impossible, ridiculous, and morally reprehensible thing to do, but your crime rate would go down. So these far-out, these far-reaching, extensive extrapolations are, I think, tricky.” [Media Matters, 9/28/2005; CNN, 9/30/2005] Bennett will face heavy criticism for his remarks (see September 29-30, 2005), but in his turn will claim that he is the one owed the apology (see September 30 - October 1, 2005).

Entity Tags: Stephen Dubner, Steven Levitt, William J. Bennett

Timeline Tags: Domestic Propaganda

Columnist Bob Herbert accuses Bennett of ‘racial effrontery.’Columnist Bob Herbert accuses Bennett of ‘racial effrontery.’ [Source: Louisville Courier-Journal]William Bennett, the conservative radio host who is facing heavy criticism for suggesting that aborting black children would lower the US crime rate (see September 28-October 1, 2005 and September 29-30, 2005), defends his position by saying: “I was putting forward a hypothetical proposition. Put that forward. Examined it. And then said about it that it’s morally reprehensible. To recommend abortion of an entire group of people in order to lower your crime rate is morally reprehensible. But this is what happens when you argue that the ends can justify the means.… I’m not racist, and I’ll put my record up against theirs,” he says, referring to leading Democrat Nancy Pelosi and other critics. “I’ve been a champion of the real civil rights issue of our times—equal educational opportunities for kids. We’ve got to have candor and talk about these things while we reject wild hypotheses,” Bennett says. “I don’t think people have the right to be angry, if they look at the whole thing. But if they get a selective part of my comment, I can see why they would be angry. If somebody thought I was advocating that, they ought to be angry. I would be angry. But that’s not what I advocate.” Bennett says he owes no one an apology: “I don’t think I do. I think people who misrepresented my view owe me an apology.” [CNN, 9/30/2005]
Says Topics of Race and Crime Cannot Be off-Limits - Later, he continues to defend his remarks, saying, “It would have worked for, you know, single-parent moms; it would have worked for male babies, black babies.” Asked why he would bring the subject up at all, Bennett says: “There was a lot of discussion about race and crime in New Orleans. There was discussion—a lot of it wrong—but nevertheless, media jumping on stories about looting and shooting, and roving gangs and so on. There’s no question this is on our minds.… What I do on our show is talk about things that people are thinking… we don’t hesitate to talk about things that are touchy. I’m sorry if people are hurt, I really am. But we can’t say this is an area of American life [and] public policy that we’re not allowed to talk about—race and crime.” [ABC News, 9/29/2005; Guardian, 10/1/2005]
Feeding Perception that Republicans are Racist - Robert George, a black conservative editorial writer for the New York Post, agrees that Bennett did not mean his remarks as racist. But, he says, he worries that Bennett is feeding the perception that Republicans are racist. “His overall point about not making broad sociological claims and so forth, that was a legitimate point,” George says. “But it seems to me someone with Bennett’s intelligence… should know better the impact of his words and sort of thinking these things through before he speaks.” [ABC News, 9/29/2005] Bob Herbert, a black progressive columnist for the New York Times, later says he was unsurprised by Bennett’s remarks: “I’ve come to expect racial effrontery from big shots in the Republican Party. The GOP has happily replaced the Democratic Party as a safe haven for bigotry, racially divisive tactics and strategies, and outright anti-black policies. That someone who’s been a stalwart of that outfit might muse publicly about the potential benefits of exterminating blacks is not surprising to me at all.… Bill Bennett’s musings about the extermination of blacks in America (it would be ‘impossible, ridiculous, morally reprehensible’) is all of a piece with a Republican Party philosophy that is endlessly insulting to black people and overwhelmingly hostile to their interests.” [New York Times, 10/6/2005]

Entity Tags: Bob Herbert, Republican Party, William J. Bennett, Robert George

Timeline Tags: Domestic Propaganda

Rush Limbaugh is quoted in the book 101 People Who Are Really Screwing America as saying: “I mean, let’s face it, we didn’t have slavery in this country for over 100 years because it was a bad thing. Quite the opposite: slavery built the South. I’m not saying we should bring it back; I’m just saying it had its merits. For one thing, the streets were safer after dark.” The book also claims that Limbaugh told a radio audience in 1998: “You know who deserves a posthumous Medal of Honor? James Earl Ray [the assassin of Dr. Martin Luther King Jr.]. We miss you, James. Godspeed.” The book does not cite a source for the alleged comments. In 2009, Limbaugh will deny making them, telling his listeners: “There’s a quote out there… that I somehow, some time ago, defended slavery and started cracking jokes about it. And, you know, you say a lot of things in the course of 15 hours a week, over the course of 21 years. We’ve gone back, we have looked at everything we have. There is not even an inkling that any words in this quote are accurate. It’s outrageous, but it’s totally predictable. It’s being repeated by people who have never listened to this program, they certainly didn’t hear it said themselves because it was never said.” [Snopes (.com), 10/13/2009]

Entity Tags: Rush Limbaugh, James Earl Ray

Timeline Tags: Domestic Propaganda

Conservative columnist and blogger Michelle Malkin levels racially inflammatory accusations against two California Hispanic politicians and hundreds of thousands of California Hispanics. In her nationally syndicated column, Malkin accuses Hispanic demonstrators in Los Angeles, who recently protested against restrictive immigration policies, of engaging in “militant racism” that went unremarked because Hispanics, like African-Americans, are, she writes, “protected minorities” who can engage in racist rhetoric without fear of criticism. Malkin accuses the protesters, whom she says displayed “virulent anti-American hatred,” of being part of what she calls the “reconquista” movement, a purported conspiracy by Mexico and illegal Mexican immigrants to “take over” parts of the American Southwest (see June 24, 2002). She terms Los Angeles Mayor Antonio Villaraigosa and California Lieutenant Governor Cruz Bustamante “Latino supremacists.” [Town Hall (.com), 3/29/2006; Media Matters, 3/29/2006]

Entity Tags: Antonio Villaraigosa, Cruz Bustamante, Michelle Malkin

Timeline Tags: Domestic Propaganda

The Wall Street Journal’s Stephen Moore interviews reclusive billionaire Charles Koch, the head of the Koch Brothers oil empire. Among the items of interest in the interview is Koch’s admission that he, along with his brother David (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, and Late 2004), coordinates the funding of the conservative infrastructure of some of the most influential front groups, political campaigns, think tanks, media outlets, and other such efforts through a semiannual meeting with wealthy conservative donors. (Moore himself receives Koch funding for his work, according to a Think Progress report published four years later. In return, Moore is quite laudatory in the interview, writing that Koch is a “creative forward-thinking… professorial CEO” who “is immersed in the ideas of liberty and free markets.”) Koch tells Moore that his basic goal is to strengthen what he calls the “culture of prosperity” by eliminating “90 percent” of all laws and government regulations. Moore writes of the twice-yearly conference: “Mr. Koch’s latest crusade to spread the ideas of liberty has been his sponsorship of a twice-yearly conference that gathers together many of the most successful American entrepreneurs, from T. Boone Pickens to former Circuit City CEO Rick Sharp. The objective is to encourage these captains of industry to help fund free-market groups devoted to protecting the fragile infrastructure of liberty. That task seems especially critical given that so many of the global superrich, like George Soros and Warren Buffett, finance institutions that undermine the very system of capitalism that made their success possible (see January - November 2004). Isn’t this just the usual rich liberal guilt, I ask. ‘No,’ he says, ‘I think they simply haven’t been sufficiently exposed to the ideas of liberty.’” [Wall Street Journal, 5/6/2006; Think Progress, 10/20/2010]

Entity Tags: Think Progress (.org), Charles Koch, Wall Street Journal, David Koch, Stephen Moore

Timeline Tags: Civil Liberties

Cover of ‘The Shadow Party.’Cover of ‘The Shadow Party.’ [Source: Brazos Bookstore]Authors David Horowitz and Richard Poe publish a book titled The Shadow Party: How George Soros, Hillary Clinton, and Sixties Radicals Seized Control of the Democratic Party, that purports to prove Jewish billionaire George Soros, who finances progressive and Democratic Party causes, is in reality a Nazi collaborator and anti-Semite. However, the book is riddled with doctored quotes, misinformation, factual errors, and outright lies. Progressive media watchdog Web site Media Matters notes that the book relies on long-discredited accusations from the authors’ “Front Page Magazine” Web site, from their articles on conservative Web publications such as WorldNetDaily and NewsMax, and on unsourced allegations from political extremist Lyndon LaRouche and his followers, who have called Soros a “Nazi beast-man” and a “small cog in Adolf Eichmann’s killing machine,” aiding “the Holocaust against 500,000 Hungarian Jews.” Media Matters calls the book “a new low in the long-running Republican Party and conservative movement campaign of scurrilous personal attacks against Soros, a major supporter of progressive causes in the US and abroad.” The organization also notes that the Web sites used in the book’s research are largely funded by conservative billionaire Richard Mellon Scaife, and Scaife-owned newspapers such as the Pittsburgh Tribune-Review have promoted the book. Media Matters documents numerous issues of doctored quotes and falsified claims in the book. [Media Matters, 8/2/2006]

Entity Tags: Richard Mellon Scaife, David Horowitz, Hillary Clinton, George Soros, Richard Poe, Lyndon LaRouche

Timeline Tags: Domestic Propaganda

The cover of the Review, depicting a Native American displaying a scalp.The cover of the Review, depicting a Native American displaying a scalp. [Source: Dartmouth Review via Huffington Post]The Dartmouth Review, a conservative weekly student newspaper funded by off-campus right-wing sources (see 1980), publishes its latest edition; the cover depicts a Native American as what Indian Country Today later describes as a “crazed ‘savage’ holding up a scalp.” The cover headline: “The Natives Are Getting Restless”; the story ridicules Native American students for protesting a recent spate of anti-Native incidents on campus. Dartmouth College was founded in 1769 as a school for Native Americans, and has a long history of supporting Native American causes; in light of its history, the local and national Native American communities have been dismayed in recent years by what they call the anti-Indian sentiments espoused by the Review and other Dartmouth students. The National Congress of American Indians (NCAI) joins with the student organization Native Americans at Dartmouth (NAD) to ask college administrators to address the recent string of “culturally insensitive, biased, and racist” events that they say have created a hostile campus environment at the school. “Colleges and universities are places where diversity and tolerance should foster productive, inclusive, and thriving intellectual communities,” says NCAI President Joe Garcia. “When cartoonization, mockery, and insensitivity of Native peoples, cultures, and traditions persist on college campuses, Native students are at a unique disadvantage in that intellectual community. NCAI joins NAD, [Dartmouth] President James Wright, and the broader Dartmouth community in condemning the recent series of biased incidents at the college, and stands with NAD in its efforts at combating bias in your community.” In recent months, Review staffers and Dartmouth students have orchestrated a number of events that Native Americans call racist and intolerant, including the distribution of homecoming shirts depicting a knight performing a sex act on an American Indian caricature, and the physical disruption by fraternity pledges of an American Indian drumming circle. The publication of the Review with its offensive cover sends the Native American community, and its supporters, into new levels of outrage, with Indian Country Today noting that the illustration of the “savage” has often been used by anti-Native American organizations. Over 500 students, faculty, and administrators take part in a demonstration supporting the Native American community. In response, the Review editor, Daniel Linsalata, calls the cover “hyperbolic” and “tongue-in-cheek,” and says that while he “regret[s]” that the cover “may have” offended some, he stands behind “the editorial content” of the edition. The remainder of his response attacks NAD, and argues that the cover is appropriate to the discussion: “The accusation that this cover was maliciously designed as a wantonly racist attack on Native Americans is patently false,” he says. Wright issues a statement apologizing for the racial slur. Four days after Linsalata’s response, editors Nicholas Desai and Emily Ghods-Esfahani write that the cover was “a mistake” that “distracted attention from the serious journalism the Dartmouth Review has been publishing.” [Dartmouth Review, 12/2/2006; Dartmouth Review, 12/6/2006; Indian Country Today, 12/15/2006]

Entity Tags: Indian Country Today, Daniel Linsalata, Dartmouth College, Emily Ghods-Esfahani, National Congress of American Indians, Dartmouth Review, Nicholas Desai, James Wright, Native Americans at Dartmouth, Joe Garcia

Timeline Tags: Domestic Propaganda

The Brennan Center for Justice at New York University’s School of Law issues an in-depth report entitled “The Truth about Voter Fraud.” The report is written and overseen by Justin Levitt, counsel for the Democracy Program at the Brennan Center. Levitt’s study analyzes reports over the last 10 years from around the nation, and finds that real instances of voter fraud are a vanishingly small number, usually less than a tenth or even a hundredth of a percent. Voter fraud of the sort that is usually alleged, he writes, is “more rare than death by lightning.… It is more likely that an individual will be struck by lightning than that he will impersonate another voter at the polls.”
'Voter Fraud' Usually Conflated with Other Kinds of Election Irregularities - Levitt continues: “‘[V]oter fraud’ occurs when individuals cast ballots despite knowing that they are ineligible to vote, in an attempt to defraud the election system. This sounds straightforward. And yet, voter fraud is often conflated, intentionally or unintentionally, with other forms of election misconduct or irregularities.”
Allegations Almost Always Exaggerated - Levitt writes that the allegations often stem from dramatic and unverified stories from bygone days, and those stories “make… a popular scapegoat” for other, non-criminal issues such as a vote not going the way someone wishes it had gone. “In the aftermath of a close election, losing candidates are often quick to blame voter fraud for the results,” Levitt writes. “Legislators cite voter fraud as justification for various new restrictions on the exercise of the franchise. And pundits trot out the same few anecdotes time and again as proof that a wave of fraud is imminent.” However, he finds: “Allegations of widespread voter fraud, however, often prove greatly exaggerated. It is easy to grab headlines with a lurid claim (‘Tens of thousands may be voting illegally!’); the follow-up—when any exists—is not usually deemed newsworthy. Yet on closer examination, many of the claims of voter fraud amount to a great deal of smoke without much fire. The allegations simply do not pan out.”
Allegations Used to Justify Restrictive Voter Requirements - The false allegations, he writes, have provided, and will continue to provide, justifications for restrictive policies such as heightened requirements for voter registration, voter identification requirements, enhanced demands for proof of residency, and others that actively restrict the ability of many legal voters to participate in the democratic process. [Levitt, 2007 pdf file; Brennan Center for Justice at New York University School of Law, 2012]

Entity Tags: Justin Levitt, Brennan Center for Justice

Timeline Tags: Civil Liberties

Conservative radio host Rush Limbaugh tells his listeners that professional football games often look like fights between two African-American street gangs. Discussing a recent National Football League (NFL) game which featured some apparently objectionable celebrating by players after scoring a touchdown, Limbaugh says that such “over the top” celebrations are sparked by “cultural” differences between black and white players. “There’s something culturally wrong that is leading to all this… classless” behavior, he says, and continues: “Look, let me put it to you this way: the NFL all too often looks like a game between the Bloods and the Crips without any weapons. There, I said it.” [Media Matters, 10/12/2009] Two years later, Limbaugh will address his comment on his broadcast. He will fail to apologize for the remark, and will say instead: “It was not racial. Bloods and Crips makes it look racial. But the way I chose to describe it. I could have perhaps chosen a different term.” Limbaugh claims that his remark was taken “out of context” by the news media, and cites the “hypocrisy” of the media in reporting his comments as possibly racially offensive. [Media Matters, 10/14/2009] Limbaugh will be thwarted in his 2009 attempt to buy the St. Louis Rams NFL franchise (see October 15, 2009) because of his racially inflammatory remarks against black football players, including this one and a 2003 slur involving African-American quarterback Donovan McNabb (see September 28 - October 2, 2003). Indianapolis Colts owner Jim Irsay will tell other owners, “When there are comments that have been made that are inappropriate, incendiary, and insensitive… our words do damage, and it’s something that we don’t need.” NFL commissioner Roger Goodell will call Limbaugh’s comments “divisive” and something that cannot be tolerated from an NFL owner. [New York Post, 10/13/2009]

Entity Tags: Rush Limbaugh, Jim Irsay, Roger Goodell

Timeline Tags: Domestic Propaganda

Conservative radio host Rush Limbaugh calls Senator Barack Obama (D-IL) and actress Halle Berry “Halfrican Americans.” According to progressive media watchdog organization Media Matters, Limbaugh, discussing Obama’s nascent presidential candidacy, says, “Barack Obama has picked up another endorsement: Halfrican American actress Halle Berry.” Limbaugh then says, “‘As a Halfrican American, I am honored to have Ms. Berry’s support, as well as the support of other Halfrican Americans,’ Obama said.” Limbaugh later concedes that Obama “didn’t say it.” Limbaugh tells his audience that Obama “is the son of a white mother from Kansas and a black father from Kenya.” [Media Matters, 1/24/2007]

Entity Tags: Barack Obama, Rush Limbaugh, Media Matters, Halle Berry

Timeline Tags: Domestic Propaganda, 2008 Elections

Martin Peretz, the editor in chief of The New Republic, falsely accuses Jewish billionaire George Soros of being a Nazi collaborator. Soros is now a target of conservative opprobrium for his financial support of Democratic and progressive causes. As a 14-year-old boy, Soros escaped from the Nazis by hiding with a non-Jewish family in Hungary; the father of that family sometimes served deportation notices to Hungarian Jews. Peretz now calls Soros “a young cog in the Hitlerite wheel.” The progressive media watchdog Web site Media Matters notes that Peretz is following the lead of right-wing extremists David Horowitz and Richard Poe, whose book The Shadow Party: How George Soros, Hillary Clinton, and Sixties Radicals Seized Control of the Democratic Party claimed that Soros “survived [the Holocaust] by assimilating to Nazism.” The book was found to be riddled with doctored quotes and factual errors (see August 8, 2006). Peretz uses a transcript of a 1998 interview Soros gave to 60 Minutes reporter Steve Kroft to prove his claim, but edits the transcript to leave out a key section that shows Soros did not collaborate with Nazis. [Media Matters, 2/5/2007; New Republic, 2/12/2007] (The article is dated February 12, 2007, but was posted on the New Republic Web site a week earlier.)

Entity Tags: Richard Poe, David Horowitz, George Soros, Media Matters, Steve Kroft, Martin Peretz

Timeline Tags: Domestic Propaganda

FireDogLake blogger Jane Hamsher, writing for her blog’s coverage of the Libby trial.FireDogLake blogger Jane Hamsher, writing for her blog’s coverage of the Libby trial. [Source: Michael Temchine / New York Times]The New York Times publishes a profile of some of the bloggers covering the Lewis Libby trial. The article, by Times reporter Scott Shane, focuses on the team of six writers and researchers who work on a volunteer basis for FireDogLake (FDL), a liberal blog owned by movie producer and author Jane Hamsher. According to Shane, “FireDogLake has offered intensive trial coverage, using some six contributors in rotation,” including “a former prosecutor [Christy Hardin Smith], a current defense lawyer [Jeralyn Merritt, who also writes for her own blog, TalkLeft], a Ph.D. business consultant [Marcy Wheeler, who has written a book, Anatomy of Deceit, on the subject],” a blogger who has covered the issue since Valerie Plame Wilson’s outing (the pseudonymous “Swopa”), an acknowleged expert on the Iraq/Niger uranium claims (the pseudonymous “eRiposte”), and Hamsher, “all of whom lodge at a Washington apartment rented for the duration of the trial.” Their work is so intensive and the bloggers so well-versed in the intricacies of the trial and its surrounding issues that “[m]any mainstream journalists use [FDL’s live coverage] to check on the trial.”
'Coming of Age' for Bloggers - Shane writes: “For blogs, the Libby trial marks a courthouse coming of age. It is the first federal case for which independent bloggers have been given official credentials along with reporters from the traditional news media” (see Early January, 2007). Robert A. Cox of the Media Bloggers Association says, “My goal is to get judges to think of bloggers as citizen journalists who should get the same protections as other journalists get.” Left-leaning bloggers such as those from FDL routinely disparage Libby and other Bush administration members in their writings, Shane notes, while right-wing blogs covering the trial, such as American Thinker, have targeted prosecution witnesses such as Tim Russert (see February 7-8, 2007) for their criticism. Sheldon Snook, the court official in charge of the news media, says the decision to admit bloggers (five to 10 out of the 100 or so reporters present on busy trial days) has worked out well. Snook tells Shane, “It seems they can provide legal analysis and a level of detail that might not be of interest to the general public but certainly has an audience.” Shane observes that “the Libby trial bloggers are a throwback to a journalistic style of decades ago, when many reporters made no pretense of political neutrality. Compared with the sober, neutral drudges of the establishment press, the bloggers are class clowns and crusaders, satirists and scolds.” Wheeler says covering the trial alongside mainstream reporters has confirmed some of her skepticism about mainstream journalism. “It’s shown me the degree to which journalists work together to define the story,” she says. “[O]nce the narrative is set on a story, there’s no deviating from it.” Hamsher, who is battling breast cancer, says of blogging, “There’s a snarky, get-under-the-surface-of-things quality to it that’s really me.” (The Times later notes that the FDL and other bloggers are not the first to cover a federal trial; anti-tobacco activist Gene Borio covered the trial of the federal government’s lawsuit against the tobacco industry in 2004.) [Marcy Wheeler, 2/8/2007; New York Times, 2/15/2007]
Countered 'Involved' Mainstream Media - In a contemporaneous interview with US News and World Report, Hamsher says of the mainstream coverage: “The media was having difficulty covering it because they were so involved in it. When the investigation started, Karl Rove’s attorney start[ed] putting out all this stuff. And every day the story would change and the blogosphere would document that. We had thousands of people showing up at our site and pointing out that the stories were never consistent. This story had so much information, and so many articles were written that it enabled the blogosphere to take in all of this information. And a cadre of professional people—not kids in their underwear—came together, compared notes, and developed a narrative of the story that was a pushback to the one that was being generated by the powers that be.… Our work on this particular topic has done a lot to defeat the notion that bloggers are fact free.” [Christy Hardin Smith, 2/15/2007] Salon’s progressive blogger Glenn Greenwald calls FDL’s trial coverage “intense, comprehensive, and superb.… [T]hey have produced coverage of this clearly significant event—one which has provided rare insight into the inner workings of the Beltway political and journalistic elite—that simply never is, and perhaps cannot be, matched by even our largest national media outlets.” He notes that even conservative news outlets such as the National Review have relied on FDL’s “liveblogging” of the trial for their reporting. [Salon, 2/15/2007] Shortly before the article comes out, Wheeler posts: “[T]he importance of having this story be told from a blogger’s perspective… is because there is so much about it the mainstream media cannot comfortably report. This story strikes at the core reasons why there are bloggers, why so many readers and writers have decided to invest their time in citizen driven media.” [Marcy Wheeler, 2/8/2007]
Presiding Judge Treats Bloggers as Professionals - Smith writes: “For the record, Judge Walton’s entire staff and all the folks at the courthouse have been wonderful throughout the entire process. From the first day forward, our whole team of bloggers were treated like every other professional covering the case—there was no distinction made, no patronizing attitude, just the same treatment for all of us. The amount of work that has gone into covering this case has been astronomical—the live blogging, the courtroom observations, the late night analysis, all the IMs [instant messages] and phone calls to cross-check details—you name it. But so worth it, still, to get the entire story out and not just blurbs and bits. And I cannot thank Judge Walton and his staff enough for giving us this opportunity. Truly.”
Error in Reporting Corrected - Smith corrects an error in Shane’s reporting, noting that the Media Bloggers Association did not negotiate their media passes to gain admittance to the courtroom; that was done largely by Hamsher and the other FDL contributors, with assistance from author and fellow blogger Arianna Huffington. [Christy Hardin Smith, 2/15/2007]

Entity Tags: Bush administration (43), American Thinker, Robert Cox, Scott Shane, Sheldon Snook, Arianna Huffington, New York Times, “Swopa”, “eRiposte”, National Review, Reggie B. Walton, Marcy Wheeler, Media Bloggers Association, FireDogLake, Gene Borio, Glenn Greenwald, Christy Hardin Smith, Jeralyn Merritt, Karl C. Rove, Lewis (“Scooter”) Libby, Jane Hamsher

Timeline Tags: Niger Uranium and Plame Outing

Fox News tells viewers Libby not guilty.Fox News tells viewers Libby not guilty. [Source: NewsCorpse (.com)]Fox News takes an alternate view from most news outlets in reporting Lewis Libby’s convictions on four out of five felony charges (see March 6, 2007). In its news crawler on the bottom of the television broadcast, it reports, “Scooter Libby found not guilty of lying to FBI investigators.” [Wilson, 2007, pp. 295]

Entity Tags: Lewis (“Scooter”) Libby, Fox News

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Conservative radio host Rush Limbaugh tells his audience why he believes Democrats support affirmative action, the set of legal guidelines that mandate equitable hiring practives on the basis of race. “I made this point in the early eighties, mid-eighties when this all started,” he says. “Affirmative action is about making sure that the race wars never end.” Authors Kathleen Hall Jamieson and Joseph N. Cappella, in their book Echo Chamber, will note that Limbaugh’s audience, like those of most conservative pundits and talk shows, is overwhelmingly white. [Jamieson and Cappella, 2008, pp. 102]

Entity Tags: Kathleen Hall Jamieson, Rush Limbaugh, Joseph N. Cappella

Timeline Tags: Domestic Propaganda

Conservative radio host Glenn Beck tells his listeners that because he is American, white, Christian, and conservative, he “can’t win.” “Conservatives get no respect,” he says, and adds: “[I]f you are a white human that loves America and happens to be a Christian, forget about it, Jack. You are the only one that doesn’t have a political action committee for you.… I mean, I was talking about it with my family yesterday. I said, ‘I’m tired of being the least popular person in the world.‘… We’re Americans. Nobody likes Americans. We’re Americans, so the world hates us. But then inside of America, we love America—and that’s becoming more and more unpopular.” Being a Christian “is not popular anymore,” he claims, and says: “I’ve got to find one thing that I agree with the rest of the world on, I guess. I’m tired of being in that group.” For all of Beck’s claims of being unpopular because of his heritage, his faith, and his race, he hosts a daily radio show, an evening program on CNN Headline News, and serves as a commentator on ABC’s Good Morning America. [Media Matters, 4/2/2007]

Entity Tags: Glenn Beck

Timeline Tags: Domestic Propaganda

Conservative radio host Rush Limbaugh, in another of his now-famous broadsides against feminists (whom he routinely calls “femi-Nazis” and characterizes as “anti-male”), says: “I blast feminists because they’re liberal. Feminism is liberal. It screwed women up as I was coming of age in my early twenties.… It changed naturally designed roles and behaviors and basically, they’re trying to change human nature, which they can’t do.” Limbaugh’s “Life Truth No. 24” states that “feminism was established so as to allow unattractive women easier access to society.” Authors Kathleen Hall Jamieson and Joseph N. Cappella, in their book Echo Chamber, will note, “There is apparently no comparable movement to facilitate the social integration of unattractive men.” [Jamieson and Cappella, 2008, pp. 103]

Entity Tags: Rush Limbaugh, Joseph N. Cappella, Kathleen Hall Jamieson

Timeline Tags: Domestic Propaganda

Newsweek’s Jonathan Darman reports that Citizens United (CU), a conservative lobbying and advocacy group headed by activist David Bossie, is producing an unflattering documentary on Senator Hillary Clinton (D-NY), the current frontrunner for the Democratic nomination for president in 2008. The title of the story highlights Clinton’s “likability gap,” but the story itself focuses on the “grudge” borne by Bossie and CU against Clinton and the presidency of her husband, Bill Clinton. The documentary is scheduled for release in theaters in the fall of 2007, Darman reports. One of its potential targets is a generation of young voters who know little about the Whitewater and Lewinsky scandals that dogged the Clinton administration. Bossie says, “There’s an enormous market for Hillary Clinton information.” R. Emmett Tyrell Jr., the editor of the American Spectator and the author of numerous books purporting to tell the truth behind the Clinton allegations, says there are “active research teams” working to expose Clinton. “They’re out there,” he says. “I get calls all the time.” Clinton’s campaign says the documentary is “old news” and “cash for rehash.” Darman notes: “For all the charges through the years, none has ever stuck. Arguably the most-investigated woman in contemporary American life moved from tabloid target in the White House to winning a Senate seat in one of the nation’s most contentious states. It’s her resilience and capacity to survive and thrive against all comers that partly fuels the haters’ fury.” However, some voters still harbor distrust and resentment towards Clinton, stemming in part from her reputation as “secretive, controlling, and paranoid,” as Darman characterizes her critics’ feelings towards her, as first lady. Her negative perception polling is remarkably high for a potential presidential candidate. Darman writes: “[T]he real problem many Democratic voters have with Clinton is the sneaking suspicion that with so much of the country against her, she can never win a general election. Clinton’s fate may well come down to her ability to deal with a vexing question: what is it about me that so many people don’t like?” Clinton is, Darman writes, “a comic-book villain for her detractors—a man-eating feminist, they claimed, who allegedly threw lamps at her husband, communed psychically with Eleanor Roosevelt, and lit a White House Christmas tree adorned with sex toys. The narrative of depravity—a tissue of inventions by conservatives—was often hard to follow. Was she, as they imagined her, a secret lesbian who fostered a West Wing culture of rampant homosexuality? Or was she the duplicitous adulteress who slept with former law partner Vincent Foster, ordered his death, and then made it look like a suicide? Disjointed as they may have been, Hillary horror tales soon became big business on talk radio.” But the attacks have not weakened her appreciably, and may have strengthened her as a candidate. [Newsweek, 6/17/2007] The liberal watchdog organization Media Matters notes that Darman fails to alert his readers to what it calls Bossie’s past “slimy tactics” (see May 1998). [Media Matters, 6/11/2007] The documentary will not be released until the summer of 2008 (see January 10-16, 2008), and will become the focus of a landmark Supreme Court decision regarding campaign finance (see January 21, 2010).

Entity Tags: Media Matters, Clinton administration, Citizens United, David Bossie, Jonathan Darman, R. Emmett Tyrell Jr, Hillary Clinton, Newsweek

Timeline Tags: Domestic Propaganda

The Supreme Court, ruling in the Wisconsin Right to Life v. Federal Election Commission case, finds that some political advertisements can be exempted from the “electioneering communications” provision of the McCain-Feingold campaign reform act (see March 27, 2002). The case stems from attempts by an anti-abortion advocacy group, Wisconsin Right to Life (WRTL), to run ads asking viewers to contact their senators and urge them to oppose filibusters of judicial nominees. WRTL tried to run its ads during the 30 and 60-day “blackout” periods before the upcoming 2004 elections, but because it accepted corporate contributions and was itself incorporated, the McCain-Feingold restrictions prevented the ads from running. WRTL argued that the ads were not targeting candidates, but were strictly issue-related (see Mid-2004 and After). The case was initially dismissed, but the Supreme Court reversed that decision and remanded the case back to the lower courts. The Federal Election Commission (FEC) argued that the ads were intended to influence US Senate elections in Wisconsin, and thusly should be regulated by McCain-Feingold. A district court disagreed, ruling against the FEC and finding that the ads were “protected speech” (see January 30, 1976), though it limited its findings solely to the WRTL ads and specified that its ruling was not to apply to other cases. The FEC appealed the case to the US Supreme Court, which in a 5-4 decision finds that the district court’s ruling is valid. Chief Justice John Roberts writes the majority opinion, which establishes broad exemptions for advertisements that could be “reasonably” interpreted as being about legislative issues and not directed on behalf of, or against, a particular candidate. As long as “issue ads” do not contain the “functional equivalent” of express advocacy for or against a candidate, the Roberts opinion holds, and the advertisements are legal. The ads involve “core political speech” that is protected by the First Amendment, Roberts finds: “We give the benefit of the doubt to speech, not censorship.” Justice David Souter writes the dissenting opinion. Justices Antonin Scalia and Clarence Thomas write a concurring opinion that joins them with Roberts and the other two conservative justices, but in their concurrence, they say they would overturn the McCain-Feingold law in its entirety. [Connecticut Network, 2006 pdf file; Los Angeles Times, 6/26/2007; FindLaw, 2011; National Public Radio, 2012; Oyez (.org), 7/1/2012] Roberts is careful in the language of his majority opinion, writing that “the First Amendment requires us to err on the side of protecting political speech rather than suppressing it.” He does not directly advocate for the overturning of the McCain-Feingold law, but referring to the 2003 McConnell decision that upheld the law (see December 10, 2003), he writes, “We have no occasion to revisit that determination today.” In 2012, reporter Jeffrey Toobin will write of Roberts’s use of the word “today,” “To those who know the language of the Court, the Chief Justice was all but announcing that five justices would soon declare the McCain-Feingold law unconstitutional.” [New Yorker, 5/21/2012] Toobin is referring to the 2010 Citizens United decision that will overturn most of the law (see January 21, 2010).

Entity Tags: John G. Roberts, Jr, Clarence Thomas, David Souter, Antonin Scalia, Federal Election Commission, Wisconsin Right to Life, US Supreme Court, Jeffrey Toobin

Timeline Tags: Civil Liberties

Representative Ron Paul, profiled in a New York Times article, answers a question about his connections to the John Birch Society (JBS—see March 10, 1961, 1978-1996, August 4, 2008 and December 2011). “Oh, my goodness, the John Birch Society!” Paul replies in what the reporter calls “mock horror.” “Is that bad? I have a lot of friends in the John Birch Society. They’re generally well educated and they understand the Constitution. I don’t know how many positions they would have that I don’t agree with. Because they’re real strict constitutionalists, they don’t like the war, they’re hard-money people.” [New York Times, 7/22/2007] The JBS is, according to the Southern Poverty Law Center, a prominent right-wing extremist group that has accused a number of lawmakers, including former President Dwight D. Eisenhower, of being “closet Communists,” and promotes “wild conspiracy theories” such as the “international Jewish” conspiracy to control the global economy and the idea that the World War II Holocaust never happened. The JBS has been a pioneer in what an analysis by Political Research Associates (PRA) will call “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.” PRA will note, “Throughout its existence, however, the Society has promoted open homophobia and sexism.” [Political Research Associates, 2010; Southern Poverty Law Center, 8/17/2010]

Entity Tags: Ron Paul, John Birch Society, Dwight Eisenhower, Political Research Associates, Southern Poverty Law Center

Timeline Tags: Domestic Propaganda

Former Nixon White House counsel John Dean considers the newly passed Protect America Act (PAA—see August 5, 2007) a dire threat to American civil liberties. Dean writes that the ire of rank-and-file Democrats with their Congressional leadership is well earned, that the Democrats meekly lined up and voted it into law after some pro forma protestations. Dean notes that editorialists from around the country, and organizations as politically disparate as the ACLU (see August 6, 2007), the Cato Institute, and the John Birch Society (see March 10, 1961 and December 2011) all agree that the new law is a serious threat to civil liberties. They all agree that the law violates the Fourth Amendment while at the same time hides its operations under the rubric of national security secrecy. Dean notes, “Congress was not even certain about the full extent of what it has authorized because President Bush and Vice President Cheney refused to reveal it.”
Executive Power Grab - Dean writes that as much of a threat as the PAA is to citizens’ privacy, it is more threatening because it is another step in the Bush administration’s push for enhancing the powers of the executive branch at the expense of the legislative and judiciary branches, a move towards a so-called “unitary executive.” Bush and Cheney have worked relentlessly “to weaken or eliminate all checks and balances constraining the executive,” Dean writes, pointing to “countless laws enacted by the Republican-controlled Congresses during the first six years of the administration, and in countless signing statements added by the president interpreting away any constraints on the Executive.” The new law “utterly fails to maintain any real check on the president’s power to undertake electronic surveillance of literally millions of Americans. This is an invitation to abuse, especially for a president like the current incumbent.”
Repairing the Damage - Dean is guardedly optimistic about the Democrats’ stated intentions to craft a new law that will supersede the PAA, which expires in February 2008, and restore some of the protections the PAA voids. Any such legislation may be quickly challenged by the Bush administration, which wants retroactive legislative immunity from prosecution for both US telecommunications firms cooperating with the government in monitoring Americans’ communications, and for government officials who may have violated the law in implementing domestic surveillance. Dean writes: “[B]efore Congress caved and gave Bush power to conduct this surveillance, he and telecommunication companies simply opted to do so illegally. Now, Bush will claim, with some justification, that because Congress has now made legal actions that were previously illegal, it should retroactively clear up this nasty problem facing all those who broke the law at his command.” Dean writes that Democrats need only do one thing to “fix [this] dangerous law: [add] meaningful accountability.” He continues: “They must do so, or face the consequences. No one wants to deny the intelligence community all the tools it needs. But regardless of who sits in the Oval Office, no Congress should trust any president with unbridled powers of surveillance over Americans. It is not the way our system is supposed to work.” [FindLaw, 8/10/2007]

Entity Tags: John Birch Society, Richard (“Dick”) Cheney, Protect America Act, Cato Institute, American Civil Liberties Union, John Dean, George W. Bush

Timeline Tags: Civil Liberties

Conservative radio host Rush Limbaugh asserts that the only reason Democrats are interested in stopping the genocide in Darfur is to secure the African-American vote. Democrats, Limbaugh says, “want to get us out of Iraq, but they can’t wait to get us into Darfur.… There are two reasons. What color is the skin of the people in Darfur? It’s black. And who do the Democrats really need to keep voting for them? If they lose a significant percentage of this voting bloc, they’re in trouble.” Limbaugh, in a conversation with a caller, continues: “So you go into Darfur and you go into South Africa, you get rid of the white government there. You put sanctions on them. You stand behind Nelson Mandela—who was bankrolled by communists for a time, had the support of certain communist leaders. You go to Ethiopia. You do the same thing.… The liberals will use the military as a ‘meals on wheels’ program. They’ll send them out to help with tsunami victims. But you put the military—you put the military in a position of defending US national interest, and that’s when Democrats and the liberals oppose it.” The progressive media watchdog organization Media Matters will note that Congress has exhibited overwhelming bipartisan support for US intervention in Darfur; Republicans sponsored legislation sanctioning Sudan, which contains the Darfur region. The House passed the bill on a 416-3 vote, the Senate passed it unanimously, and President Bush signed it into law shortly thereafter. [Media Matters, 8/23/2007]

Entity Tags: Rush Limbaugh, George W. Bush, Media Matters

Timeline Tags: Domestic Propaganda

The Robert A. Taft Club, a “nativist” organization whose leader has numerous ties to racist groups, hosts Representative Ron Paul (R-TX) as its keynote speaker during an event at an Arlington, Virginia, restaurant, the Boulevard Woodgrill. According to a report by TransWorld News, Paul, a Republican presidential candidate, addresses the US’s “nation building” policies. Paul, TransWorld reports, “has been adamant about the United States dropping its interventionist approach to nation building and returning to an America First policy.” The Taft Club is led by Marcus Epstein, who is also the executive director of The American Cause, a white nationalist group headed by MSNBC commentator Pat Buchanan. He also serves as executive director of Team America PAC, a political action committee run by Buchanan’s sister Bay Buchanan and founded by former Representative Tom Tancredo (R-CO), an outspoken opponent of immigration. Epstein writes for the openly racist, white supremacist Web site VDare.com, and is an outspoken advocate for white supremacist organizations. He is closely connected to the American Renaissance group, which the Southern Poverty Law Center (SPLC) labels an “academic racist” organization and whose journal has claimed that blacks are genetically predisposed to be psychopaths. Epstein has invited racists to speak to his group, including American Renaissance leader Jared Taylor (see January 23, 2005), Taylor’s colleague Paul Gottfried, and Robert Stacy McCain, an opponent of interracial marriage who is an editor for the Washington Times. Epstein has also invited members of a Belgian anti-immigrant group called Vlaams Belang to address the Taft Club. The SPLC writes, “It is unclear if Paul, who will be speaking about American foreign policy, is aware of Epstein’s racist ties.” Paul himself has denied ever espousing racism of any stripe (see 1978-1996). [Southern Poverty Law Center, 10/8/2007; TransWorld News, 10/11/2007; The Daily Paul, 10/13/2007; Southern Poverty Law Center, 6/3/2009] Epstein will later be convicted of assaulting an African-American woman (see May 2009).

Entity Tags: Robert A. Taft Club, Paul Gottfried, Marcus Epstein, Bay Buchanan, American Renaissance, Vlaams Belang, VDare (.com ), The American Cause, Tom Tancredo, Samuel Jared Taylor, Ron Paul, Robert Stacy McCain, Team America PAC, Patrick Buchanan, TransWorld News, Southern Poverty Law Center

Timeline Tags: Domestic Propaganda

A group of supporters of Representative Ron Paul (R-TX) and his nascent presidential campaign hold what they call a “tea party moneybomb” on the 234th anniversary of the Boston Tea Party, in an event dubbed “Boston TeaParty07.” Paul is a libertarian Republican with extensive ties to far-right organizations (see July 22, 2007 and August 4, 2008). According to the group Campaign for Liberty, the event raises $4.3 million, the most money ever raised by a Republican presidential candidate in a single day. (The previous record was also held by Paul, who raised $4.2 million on November 5, 2007, Guy Fawkes Day.) The donations come mostly over the Internet. Event spokesperson Rachael McIntosh says: “This basically shows that Ron Paul is a viable candidate. People are so engaged in this campaign because it’s coming from the grass-roots.” Supporters call themselves members of the “Ron Paul Revolution.” One supporter waves a “Don’t Tread on Me” flag while marching down Beacon Street. One participant, Linda Poole, came from her home in Macon, Georgia, to attend the rally. “I’ve been supporting Ron Paul since May and following him since 2005,” she says. If the “founding fathers” were alive today, she adds, “Ron Paul is the only person they would vote for.” The ralliers listen to speeches by Paul’s son Rand Paul, libertarian gubernatorial candidate Carla Howell, and others. At the end of the rally, participants re-enact the dumping of tea into Boston Harbor by throwing banners reading “tyranny” and “no taxation without representation” into boxes that were placed in front of an image of the harbor. “They’re trying to get the attention of the mainstream media, almost like a child that is acting up, trying go get the attention of their parent,” McIntosh says. His Campaign for Liberty will become one of the primary groups associated with the burgeoning “tea party” movement (see August 24, 2010), and this “tea party moneybomb” is later considered one of the earliest moments leading up to the foundation of the movement. [Boston Globe, 12/16/2007; Institute for Research & Education on Human Rights, 8/24/2010]

Entity Tags: Ron Paul, Rachael McIntosh, Carla Howell, Linda Poole, Campaign for Liberty, Rand Paul

Timeline Tags: Domestic Propaganda, 2008 Elections

The Pentagon produces a classified report assessing the damage the whistleblower website WikiLeaks could cause to it. The report concludes that “WikiLeaks.org represents a potential force protection, counterintelligence, OPSEC [operational security], and INFOSEC [information security] threat to the US Army.” WikiLeaks published information about US Army operations in Iraq, Afghanistan, and Guantanamo the previous year. The report says some of the interpretations WikiLeaks puts upon released documents are incorrect, but does not detail specific examples. The author also speculates that the organization is actually supported by the CIA. [New York Times, 3/17/2010] The report itself will later be leaked to WikiLeaks and published by it (see March 15, 2010).

Entity Tags: US Department of Defense, WikiLeaks

Timeline Tags: Misc Entries, Domestic Propaganda

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