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Context of 'April 15, 1977: Nixon: ‘I Have Impeached Myself’'

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The government watchdog and campaign finance advocacy group Common Cause asks the Supreme Court to explain why Justice Clarence Thomas did not completely disclose the nature of his participation in a 2008 retreat hosted by Charles and David Koch, the influential oil billionaires and conservative advocates (see 1977-Present, 1979-1980, 1997, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, November 2009, December 6, 2009, April 2010 and After, July 3-4, 2010, June 26-28, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, and October 4, 2011). According to a Court spokesperson, Thomas made a “brief drop-by” at a four-day event in Palm Springs, California, held in January 2008, and gave a talk. But disclosure reports filed by Thomas show that he was reimbursed an undisclosed amount for four days of “transportation, meals, and accommodations” over the weekend of the retreat. The reimbursement came from the Federalist Society, an influential conservative legal group. Today Common Cause sends a letter to the Court asking for “further clarification” as to why the two statements are at odds. Common Cause official Arn Pearson says, “I don’t think the explanation they’ve given is credible.” If Thomas’s visit was a “four-day, all-expenses paid trip in sunny Palm Springs,” Thomas should have reported it as a gift under federal law. The Court, the Federalist Society, and Koch Industries all refuse to comment on the issue. Common Cause has said that because of Thomas’s past appearances at the Koch retreats, and the conservative political work done by his wife Virginia Thomas (see November 2009 - November 2010 and February 4, 2011), he should have recused himself from the 2010 Citizens United decision (see January 21, 2010). Common Cause notes that both Thomas and Justice Antonin Scalia have appeared at Koch-hosted retreats. Both Thomas and Scalia voted as part of the 5-4 majority that decided the case. Political analysts say the Koch brothers have been some of the main beneficiaries of the decision. [New York Times, 2/14/2011]

Entity Tags: David Koch, Antonin Scalia, Arn Pearson, Charles Koch, Federalist Society, US Supreme Court, Virginia (“Ginni”) Thomas, Common Cause, Clarence Thomas

Timeline Tags: Civil Liberties

Mike Huckabee (R-AR), the former governor of Arkansas, currently a host on Fox News and a potential 2012 presidential candidate, tells a gathering at the National Press Club that it is “useless” to get into the seemingly endless debate on President Obama’s citizenship (see July 20, 2008, August 15, 2008, October 8-10, 2008, October 16, 2008 and After, November 10, 2008, December 3, 2008, August 1-4, 2009, May 7, 2010, Shortly Before June 28, 2010, and Around June 28, 2010) as recently revived by billionaire Donald Trump (see February 10, 2011). “I find it unnecessary, useless, and frankly a bit unnecessary to get into all sorts of debates over President Obama’s religion or the authenticity of his birth,” he says. “I know for some people that it is an obsession. It is not with me.” Huckabee has said that if Obama were not a US citizen, that fact would have emerged during the 2008 presidential primary. He also acknowledges that Obama is a Christian (see October 1, 2007, December 19, 2007, January 11, 2008, Around March 19, 2008, and April 18, 2008) and calls Obama a good role model for fathers, saying: “I have no disagreement with President Obama as a human being. In fact, I’ll go so far to say one of the things I respect very much is the role model that he has served as a husband and a father. And I think he has been an exemplary husband to his wife and an extraordinary father to his daughters. Frankly, America needs a good role model like that.” Huckabee emphasizes that he does not agree with Obama’s policies, saying, “But this is not an attack on President Obama, the person, even though you will see sharp elbows at the policies that he has put forth, specifically, many of the economic policies.” [St. Petersburg Times, 2/28/2011]

Entity Tags: Barack Obama, National Press Club, Mike Huckabee, Donald Trump

Timeline Tags: Domestic Propaganda

Mike Huckabee (R-AR), the former governor of Arkansas, currently a host on Fox News and a potential 2012 presidential candidate, speculates that President Obama may have been born in Kenya. If this were true, Obama would not be eligible to be president. Huckabee states, incorrectly, that Obama grew up in Kenya. Huckabee is appearing on a radio show hosted by conservative Steve Malzberg. The host brings up the subject of Obama’s “controversial” birth certificate (see July 20, 2008, August 15, 2008, October 8-10, 2008, October 16, 2008 and After, November 10, 2008, December 3, 2008, August 1-4, 2009, May 7, 2010, Shortly Before June 28, 2010, and Around June 28, 2010), as recently revived by billionaire Donald Trump (see February 10, 2011), and asks, “Don’t you think we deserve to know more about this man?” Huckabee responds: “I would love to know more. What I know is troubling enough. And one thing that I do know is his having grown up in Kenya, his view of the Brits, for example, very different than the average American. When he gave the bust back to the Brits, the bust of Winston Churchill, a great insult to the British (see June 29, 2009). But then if you think about it, his perspective as growing up in Kenya with a Kenyan father and grandfather, their view of the Mau Mau Revolution in Kenya is very different than ours because he probably grew up hearing that the British were a bunch of imperialists who persecuted his grandfather.” PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, believes that Huckabee is echoing discredited claims recently made by conservative author Dinesh D’Souza, who accused Obama of being an “anti-colonialist” and covert supporter of Kenyan extremists (see September 12, 2010, September 12, 2010 and After, September 12, 2010 and After, September 16, 2010, September 17, 2010, September 23, 2010, and September 23-24, 2010). Contrary to Huckabee’s assertions, Obama did not grow up in Kenya. He had virtually no contact with his Kenyan father and never met his paternal grandfather, whom D’Souza wrote had such a powerful influence on him. Instead, Obama grew up in Hawaii and Indonesia. After the interview on Malzberg’s show, Huckabee corrects his error, saying: “On Monday, while on Steve Malzberg’s radio show on New York’s WOR Radio, I was asked about the President Obama’s birth certificate issue. In my answer, I simply misspoke when I alluded to President Obama growing up in ‘Kenya’ and meant to say Indonesia.” PolitiFact notes that in the past, Huckabee has warned against buying into the idea that Obama is not a US citizen, affirmed Obama’s Christianity, and praised Obama as a role model for fathers (see February 23, 2011). [St. Petersburg Times, 2/28/2011]

Entity Tags: Dinesh D’Souza, Mike Huckabee, Steve Malzberg, Barack Obama, PolitiFact (.org )

Timeline Tags: Domestic Propaganda

A report on a psychological study conducted and written by Eric Hehman of the University of Delaware and published in the Journal of Experimental Social Psychology finds that race plays an intrinsic role in many voters’ perceptions of President Obama, and plays a powerful role in whether or not Americans believe Obama is a US citizen. Although definitive proof of Obama’s US citizenship has long been publicly available (see June 13, 2008, August 21, 2008, and October 30, 2008), for many, especially on the right, the issue remains either unsettled or, for some, settled against Obama, whom they firmly believe to be either a foreign citizen or some sort of “illegal alien.” Hehman’s study concludes that racial prejudice plays a strong role in the continued refusal by some to accept Obama’s citizenship. The study compares voter perceptions of Obama with his vice president, Joseph Biden, whom Hehman calls “the most comparable target” with Obama.
Major Disparity between 'High-Prejudice,' 'Low-Prejudice' Whites - Behman writes: “The influence of racial prejudice in contemporary US society is typically manifested in subtle, indirect forms of bias. Due to prevailing norms of equality, most whites attempt to avoid appearing biased in their evaluations of blacks, in part because of a genuine desire to live up to their egalitarian standards, but also because of concern regarding social censure. As a consequence, whites’ prejudice is more likely to be expressed in discriminatory responses when these actions can be justified by other factors.” The study asked 295 people, both black and white, to evaluate the performance and “Americanism” of the two politicians in late 2009. It also included six questions, widely used in psychology, to gauge whether folks are more or less prejudiced against blacks. The study finds, “Overall, as expected, white participants tended to view Obama as less American,” and as a direct result they judge him as “worse-performing” as a national leader than Biden. “Moreover, whites higher in prejudice rated Obama as less American and as performing more poorly as president.” “Low-prejudice” whites tend to see Obama as higher-performing and either “as American” or “more American” than Biden: “Why low prejudice whites perceived Obama as higher in Americanism and performing better than Biden is not entirely clear. One possibility is that people see presidents, as the primary national leader, as more prototypical of the group and thus more American than vice presidents. Alternatively, the differential response of low prejudice whites to Obama and Biden may reflect their concern with appearing nonprejudiced, particularly during a period when the election of a black president was lauded as a sign of progress for not only blacks but America more generally.” The study examines the “prejudice scores” of the study participants, and finds “higher prejudice predicted whites seeing Obama as less American, which, in turn, predicted lower evaluations of his performance.” Blacks tended to rate Obama’s performance higher than Biden’s, but do not view their “Americanism” as significantly different. Hehman finds: “Overall, the results support our hypothesis that negative evaluations of Obama by white participants may be racially motivated. Whites are guarded about openly endorsing the view that blacks are less American than whites, which may suppress overall mean differences in performance ratings and perceptions of Obama being un-American. However, bias in viewing blacks as less American than whites appeared to implicitly underlie whites’ negative evaluations of his performance. Also, consistent with previous research, blacks did not demonstrate such a relationship, nor did Americanism mediate the relationship between prejudice and performance evaluations when Vice President Biden acted as target for either whites or blacks. Whereas previous work has linked white prejudice with negative perceptions of Obama, the current work reveals a mechanism that may be largely responsible for this effect, Obama’s non-prototypicality (largely in terms of his race) and thus reduced perceptions of his Americanism.” Hehman notes that media speculations that the “birther” controversy is fueled by racial prejudice are “sadly the case. As the United States approaches important decisions regarding issues such as economic reform, health care, and overseas military interventions, the intrusion of racial attitudes in the evaluation of political leaders’ performance is ironically inconsistent with what many believe to be ‘American.’”
Response to 'Long Form' Certificate Release - USA Today will report on Hehman’s study on April 27, the same day that Obama releases his “long form” birth certificate in an attempt to put an end to the controversy over Obama’s citizenship (see April 27, 2011). Reporter Dan Vergano will ask Hehman for his response to the release in the context of the study, and Hehman will respond via email: “While I can’t speak to the birther movement specifically, this controversy and others like it are what initially sparked my interest and led to the recent publication [of the study]. President Obama has consistently faced a number of controversies that are, frankly, not based on fact. We thought that his critics’ persistence in pursuing these fantasies, such as Obama’s birth in a foreign nation or being a Muslim, in the face of facts saying otherwise, might be indirectly rooted in racism. Our research investigated whether people who held racial prejudices might be more likely to see Obama as ‘un-American,’ presumably because of his race. Indeed, this is what we found. Whites who were prejudiced against blacks were more likely to see Obama as un-American, and in turn, evaluated Obama as performing more poorly as president. Whites who were not prejudiced, and blacks in general, did not do so. Additionally and importantly, this relationship was only found with Obama, as prejudiced whites did not see Vice President Joe Biden as un-American, despite the fact that Obama and Biden share political party affiliation and agenda.” He will conclude: “The April 27 release of Obama’s long-form birth certificate is a situation where President Obama and the White House eventually had to exert effort to quell a controversy that should never have been an issue. Our research indicates that one reason it may have initially become an issue at all has more to do with his race than his place of birth. We find that racial prejudice can, in part, influence evaluations of an elected leader, a phenomenon which is quite ‘un-American.’” [USA Today, 4/27/2011]

Entity Tags: Journal of Experimental Social Psychology, Barack Obama, Dan Vergano, Joseph Biden, USA Today, Eric Hehman

Timeline Tags: Domestic Propaganda

Georgia State Representative Mark Hatfield (R-GA) introduces his so-called “birther” bill, House Bill 401, which would require presidential and vice-presidential candidates to prove their citizenship before being placed on Georgia’s elections ballot. “I think the issue with our sitting president has been left unresolved for a significant length of time that people have concerns,” Hatfield says. “But this is not just about our current president. It’s about enforcing the constitutional provisions for anyone who seeks the office of presidency.” Ninety-three fellow representatives, all Republicans, sign on to Hatfield’s bill as co-sponsors. By the next day, March 3, 20 withdraw their names, and several more withdraw the following day. On March 4, local attorney and Libertarian Loren Collins publishes a scathing op-ed in the Atlanta Journal-Constitution noting that Hatfield’s bill would create requirements for president that do not exist in the US Constitution. Noting that the bill would require candidates to affirm that they have never held dual citizenships in other countries, Collins writes: “There is not and never has been any constitutional rule mandating that the president ‘has never held dual or multiple citizenship.’ This is pure birther fantasy, a nonexistent bit of pseudo law that an attorney such as Hatfield should know better than to promote.” PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, determines that Collins’s claim of the bill’s extraconstitutionality is true. When PolitiFact contacts Collins for comment, the lawyer reminds it that Article II of the Constitution reads: “No Person except a natural born Citizen… shall be eligible to the Office of President.” The language does not and should not exclude candidates who are or were dual citizens, Collins says. Foreign law decided who qualifies for dual citizenship, and foreign law should not decide who is eligible to be US president. Hatfield tells PolitiFact that he does not consider himself a “birther,” but wants proof that Obama is indeed eligible to be president. “We’ve seen a computer-generated summary of a live birth but not the particulars of his birth on a long form,” Hatfield says (see June 13, 2008 and July 1, 2009). “Congress has never created an enforcement mechanism, so it is up to the states to step up and fill the gap.” Hatfield says the Founders thought that presidents should be born in the United States, their parents should be citizens, and dual citizens should be barred to avoid foreign influence. That’s why the Constitution uses the term “natural born citizen” instead of “citizen,” he says. PolitiFact writes, “Under Hatfield’s definition, Obama couldn’t be president.” Neither could Obama’s 2008 challenger, John McCain (R-AZ), who was born to a US military family in the Panama Canal Zone (see March 14 - July 24, 2008). PolitiFact learns from legal experts on US citizenship that Hatfield’s “natural born” concept does not exist in the law. Law professor Peter Spiro says: “If that [the bill] passes in Georgia’s Statehouse, it will be challenged and it will be struck down as unconstitutional. I am 100 percent confident.” Hans von Spakovsky, a senior legal fellow with the conservative Heritage Foundation, says Hatfield’s bill contains a dual-citizenship ban that does not exist in the Constitution. “It’s trying to add an additional requirement to the eligibility for president,” von Spakovsky says. According to PolitiFact, legal scholars agree that the Founders intended to block naturalized citizens, or those who became citizens after their birth, from becoming president. However, Spiro notes, the law has never been tested, the Supreme Court has never ruled on the issue, and no candidate with dual citizenship or who was born outside the country has won the presidency. [Atlanta Journal-Constitution, 3/1/2011; St. Petersburg Times, 3/4/2011] Georgia House Speaker David Ralston (R-GA) says he does not believe the bill will win passage. “I’m not promoting the bill or squelching discussion. We’ll have a discussion, and then we’ll see what happens,” he says. “I believe President Obama is the duly elected president of the United States. I’ve never followed the ‘birther’ school of thought.” [Atlanta Journal-Constitution, 3/2/2011]

Entity Tags: PolitiFact (.org ), Peter Spiro, Loren Collins, Georgia House of Representatives, Hans von Spakovsky, Barack Obama, David Ralston, Mark Hatfield

Timeline Tags: Domestic Propaganda

Iowa State Senator Kent Sorenson (R-IA) introduces a bill, SB 368, that would require candidates for president or vice president to file a certified copy of their birth certificate along with their affidavit of candidacy in order to be eligible to be included on the Iowa election ballot. Sorenson has long identified himself as a believer in the “birther” conspiracy theory that alleges President Obama is not a US citizen (see July 20, 2008, August 15, 2008, October 8-10, 2008, October 16, 2008 and After, November 10, 2008, December 3, 2008, August 1-4, 2009, May 7, 2010, Shortly Before June 28, 2010, and Around June 28, 2010). The bill reads in part: “A candidate for president or vice president shall attach to and file with the affidavit of candidacy a copy of the candidate’s birth certificate certified by the appropriate official in the candidate’s state of birth. The certified copy shall be made part of the affidavit of candidacy and shall be made available for public inspection in the same manner as the affidavit of candidacy.… A candidate for president or vice president who does not comply with the requirements of this section shall not be eligible for placement on the ballot as a candidate for president or vice president anywhere in the state.” The bill does not clear a deadline for submission, but may be reintroduced in the next session. Sorenson previously introduced a bill that would recognize only silver and gold as legal tender in Iowa. He recently told an Iowa reporter that his constituents elected him to the Iowa Senate to “burn this place down. They want me to do battle. And I understand that.” [WorldNetDaily, 3/6/2011; Mother Jones, 3/25/2011]

Entity Tags: Iowa State Senate, Kent Sorenson, Barack Obama

Timeline Tags: Civil Liberties, Domestic Propaganda, 2012 Elections

Kevin Harpham.Kevin Harpham. [Source: Seattle Times]Federal agents arrest ex-soldier Kevin William Harpham and charge him with planting a “backpack bomb” along the planned route of the Martin Luther King Jr. Day march in downtown Spokane, Washington (see January 17, 2011). Agents say that Harpham has ties to white supremacist groups; sources tell reporters that the FBI used DNA evidence and the purchases of electronic components to identify Harpham. He faces charges of attempted use of a weapon of mass destruction and possession of an unregistered explosive device, and if convicted could face life in prison. He is arrested without incident while driving near his home in rural Stevens County, northwest of Spokane and near the small town of Addy. According to information unearthed by the Southern Poverty Law Center (SPLC), an organization that monitors an array of hate groups and white supremacist organizations, in 2004 Harpham belonged to the neo-Nazi National Alliance (see 1970-1974). Former Aryan Nations leader Paul Mullet says that Harpham talked with him about joining his group in the mid-2000s, and said he had about a dozen conversations with Harpham. However, Mullet says, Harpham never joined the group. Harpham is a current member of the Vanguard News Network (VNN), a racist magazine for the National Alliance, which advocates the establishment of all-white communities. Evidence shows that Harpham has posted forum comments on VNN message boards both under his own name and apparently under the moniker “Joe Snuffy,” where he has asked about legal limits on ammunition possession and asked for help meeting local members of the American National Socialist Workers Party. In January 2011, he offered assistance to American neo-Nazi Craig Cobb, who days before the parade bombing called for his supporters to mount violent attacks (see Around January 8, 2011). SPLC director Mark Potok says, “What to me this arrest suggests is that the Martin Luther King Day attack is what it always looked like: A terror-mass murder attempt directed at black people and their sympathizers.” National Alliance chairman Erich Gliebe says Harpham is not a member of his organization, and says, “We have a zero tolerance policy regarding illegal activity and anyone committing those acts—even hinting or joking—would not be welcome in our organization.” Gliebe accuses the SPLC of trying to “smear” the National Alliance. Federal public defender Roger Peven, appointed to represent Harpham, says: “I know very little at this point. This is just the beginning of a long road.” Evidence against Harpham is scheduled to be presented to a grand jury on March 22, and if the jury indicts Harpham, he will be arraigned and a trial date set. Federal agents are in the process of searching Harpham’s trailer home; neighbors say they heard an explosion at the home, apparently set off by agents who breached Harpham’s front door. Investigators say they are not yet sure if others were involved in the attempted bombing. [Seattle Times, 3/9/2010; Spokane Spokesman-Review, 3/9/2011; TPM Muckraker, 3/10/2011] Investigators are looking into Harpham’s alleged neo-Nazi connections, they say, but as yet have not found evidence that Harpham colluded with any such groups or their members in making the bomb. They are looking at two recent neo-Nazi events held in Couer d’Alene, Idaho, 35 miles west of Spokane, to see if Harpham may have participated in the events or has connections with the participants. Tony Stewart of the Kootenai County Task Force on Human Relations in Coeur d’Alene says that area is a “hotbed” of neo-Nazi and white supremacist activity. FBI officials are calling Harpham’s alleged bombing attempt an act of domestic terrorism. [CNN, 3/9/2011; KLXY, 3/9/2011; TPM Muckraker, 3/10/2011]

Entity Tags: Federal Bureau of Investigation, Erich Josef Gliebe, Aryan Nations, American National Socialist Workers Party, Vanguard News Network, Tony Stewart, Roger Peven, Craig Cobb, National Alliance, Southern Poverty Law Center, Mark Potok, Kevin William Harpham, Paul Mullet

Timeline Tags: US Domestic Terrorism

Billionaire entrepeneur and television host Donald Trump, who has begun publicly questioning President Obama’s US citizenship (see February 10, 2011), explores the “controversy” on ABC’s morning talk show Good Morning America. In an interview conducted on his private plane, “Trump Force One,” Trump implies that Obama is lying about being born in Hawaii (see October 1, 2007, April 18, 2008, Before October 27, 2008, August 4, 2010, and February 28, 2011), says he is a “little” skeptical of Obama’s citizenship, and says the “birthers” who express their doubts about Obama should not be dismissed as “idiots” (see February 17, 2010). “Growing up no one knew him,” Trump claims. “The whole thing is very strange.” As he has in recent interviews, Trump says he is considering a run for the Republican presidential nomination in 2012. He implies that he can buy his way into victory, saying he is willing to spend $600 million on a primary run. “I have much more than that,” he says. “That’s one of the nice things. Part of the beauty of me is that I’m very rich. So if I need $600 million, I can put up $600 million myself. That’s a huge advantage over the other candidates.” Asked if his talk of a candidacy is anything more than a publicity stunt, he replies, “I have never been so serious as I am now.” [Politico, 3/17/2011]

Entity Tags: Donald Trump, Barack Obama

Timeline Tags: Domestic Propaganda, 2012 Elections

On his Fox News show, host Sean Hannity says that while he believes President Obama was indeed born in the US (see July 2008, October 30, 2008, July 28, 2009, and July 29, 2009), he asks why Obama has never released his birth certificate. The Obama campaign released the “short form” certificate in 2008, the version routinely issued by Hawaii’s Department of Health (see June 13, 2008), and since then the certificate has been repeatedly shown to be valid (see June 27, 2008, August 21, 2008, and July 28, 2009). Hannity is apparently referring to the “long form” certificate, which is kept on file and never released (see July 1, 2009). Hannity shows a clip from billionaire Donald Trump’s same-day visit to the ABC morning talk show The View, where Trump alleged that “there’s something on that birth certificate that he doesn’t” want made public. Several of Hannity’s guests agree that Obama “should just show it” assuming he has “nothing to hide.… It would shut everybody up and no one would care.” Hannity asks: “[I]t kinda does get a little odd here. Can’t they just produce it and we move on?” Representative Michael Burgess (R-TX) says: “Obviously there’s some value to the White House not producing it. I don’t know what that could be. This easily could have been ended. It could have been ended a couple of years ago.” [Media Matters, 3/23/2011; Media Matters, 3/28/2011]

Entity Tags: Donald Trump, Barack Obama, Sean Hannity, Michael Burgess, Fox News

Timeline Tags: Domestic Propaganda

Conservative radio host Sean Hannity interviews Joseph Farah, the editor and primary writer for conservative news blog WorldNetDaily (WND). WND has been at the forefront of the “birther” movement against President Obama (see December 5, 2008, May 28, 2009, August 1-4, 2009, and January 18, 2011). Hannity says that it is unfair for “birthers” such as Farah to have “been beaten up so badly in the press” for pursuing the issue, and goes on to add that birthers have been “crucified and beaten up and smeared and besmirched.” Farah blames Obama and his administration for the controversy, and praises billionaire Donald Trump (see (see February 10, 2011, March 23, 2011, and March 23, 2011) for bringing the controversy to the forefront once again. He tells Hannity, “I think it’s very appropriate for Americans to begin to question if there’s a reason that Obama will not produce this simple document that, you know, we all have to produce at various points in our lives, and when the governor of Hawaii, who claims to be a lifelong friend of Obama, cannot find this document, cannot produce it, it’s natural that this becomes an increasingly big issue, an issue that I think touches on both national security.” Obama has indeed produced an authenticated copy of his birth certificate (see June 13, 2008). Farah’s reference to Governor Neil Abercrombie’s inability to “find” the original birth certificate, first proposed on WND, has since been debunked as groundless (see January 18, 2011). Farah promises that WND researcher Jerome Corsi (see August 1, 2008 and After, August 15, 2008, October 8, 2008, October 9, 2008, and January 18, 2011) will have “startling” research on the matter coming soon. [Media Matters, 3/24/2011; Media Matters, 3/28/2011] Hannity revisits the subject later this evening on his Fox News broadcast. After telling viewers that the controversy exists in part because of Obama’s fond memories of spending some of his childhood in Indonesia, Hannity tells the White House to just “show the birth certificate.… Why won’t they release the birth certificate?… Why don’t they just release it and get it over with?” [Media Matters, 3/24/2011; Media Matters, 3/28/2011] Hannity has brought the subject up in previous broadcasts (see March 23, 2011).

Entity Tags: Joseph Farah, Barack Obama, Donald Trump, Jerome Corsi, Sean Hannity, Neil Abercrombie, WorldNetDaily, Fox News

Timeline Tags: Domestic Propaganda

Law professor Richard Hasen writes that an Arizona case before the Supreme Court may add to the abilities of wealthy individual and corporate donors to influence elections. In the case of McComish v. Bennett, Arizona’s public campaign financing laws are being challenged. Public financing of campaigns (i.e. using tax dollars for campaigns) is entirely voluntary, but candidates who do opt into the system may not accept outside donations. Privately funded candidates face no such restrictions, but receive no public campaign funding. If a privately funded candidate spends significantly more on the campaign than his/her publicly funded opponent, Arizona’s law has a so-called “trigger” provision that provides matching funds, to a point, to make the spending somewhat more equitable. The case before the Court was brought on behalf of wealthy private donors, and is based on the complaint that the matching funds provision is a violation of their clients’ freedom of speech. Hasen predicts that the Court, with its conservative majority and its ruling in the Citizens United case (see January 21, 2010), will rule in favor of the wealthy plaintiffs and strike down some or all of the Arizona law. Arizona imposes no limits on the spending of outside groups, Hasen argues, and if the matching funds provision is triggered, he asks, “What’s the worst thing that can happen if a wealthy candidate spends gobs of cash running against a candidate who has opted into the public financing system?” He answers, “The publicly financed candidate gets more government dollars to campaign, and the voters hear more speech.” Hasen notes that several conservative legal experts have found that the “free speech” argument is specious. Conservative Ninth Circuit Judge Andrew Kleinfeld wrote against the argument in a previous ruling in the case, observing that in his view “there is no First Amendment right to make one’s opponent speak less, nor is there a First Amendment right to prohibit the government from subsidizing one’s opponent, especially when the same subsidy is available to the challenger if the challenger accepts the same terms as his opponent.” And Charles Fried, the solicitor general during the Reagan administration, filed an amicus brief in the case arguing that it is the wealthy candidates and interest groups who “in reality are seeking to restrict speech.” Hasen believes that the conservative majority will rule in favor of restricting the “speech” of publicly funded candidates in Arizona (and by extension in other states) because, as it ruled in a 2008 case, such financing laws were “an impermissible attempt to level the playing field between wealthy and non-wealthy candidates.” Hasen is blunt in his conclusion, stating, “Five conservative […] justices on the Supreme Court appear to have no problem with the wealthy using their resources to win elections—even if doing so raises the danger of increased corruption of the political system.” [Slate, 3/25/2011] Hasen is correct: the Court will rule 5-4 in the case, which will be renamed Arizona Free Enterprise Club’s Freedom PAC v. Bennett, that the matching funds provision is unconstitutional (see June 27, 2011).

Entity Tags: Charles Fried, Richard L. Hasen, US Supreme Court, Andrew Kleinfeld

Timeline Tags: Civil Liberties

Laurie Roth, a tea party activist who co-hosts a radio talk show in Spokane, Washington (see February 2010), says she agrees with a suggestion to orchestrate and carry out a military coup d’etat against President Obama. Roth, who says she believes Obama is not an American citizen, says that Obama’s election “was not a shift to the left like Jimmy Carter or Bill Clinton. This is a worldview clash. We are seeing a worldview clash in our White House. A man who is a closet, he’s more of a secular-type Muslim, but he’s a Muslim. He’s no Christian. We’re seeing a man who’s a socialist communist in the White House, pretending to be an American. I don’t believe, looking at all the evidence that I’ve looked at and interviewing Philip Berg (see August 21-24, 2008 and October 21, 2008) and [Leo C.] Donofrio (see October 31, 2008 and After) and Alan Keyes (see November 12, 2008 and After) and all the people that have sued him, he wasn’t even born here.” After further tarring Obama as a “socialist communist,” a “globalist,” and a “Manchurian Candidate” who wants to establish an Islamist Caliphate as a stepping stone to becoming an “international president,” Roth engages in a discussion with an audience member; the two discuss whether arresting Obama, impeaching him, or removing him via a military coup would be the best solution. Roth initially advocates impeachment, but when the audience member says Obama cannot be impeached because he is not a citizen, Roth asks for the member’s recommendation. The member responds: “By having the authority of five governors, five senators, march on the Supreme Court, who have abdicated their power and authority to simply render that he is not a legal president. And send the US Marshals to arrest him.” Roth says: “I couldn’t agree more. What we need is a move like Zelaya in Honduras. We need the military, we need somebody to do that, or impeachment, or something like you said. We need something more than we’ve had.” [Institute for Research & Education on Human Rights, 10/19/2010; CDAPress (.com), 4/19/2011] Roth is referring to a military coup carried out in June 2009 against President Manuel Zelaya of Honduras, who was kidnapped from the presidential palace and forcibly exiled to Costa Rica. The Honduran Congress used a forged letter of resignation to accept Zelaya’s removal, and named one of Zelaya’s most prominent opponents as his “successor.” [BBC, 6/28/2009]

Entity Tags: Philip J. Berg, Alan Keyes, Barack Obama, José Manuel Zelaya Rosales, Leo C. Donofrio, Laurie Roth

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

WorldNetDaily (WND), the conservative news blog that relentlessly promotes the “birther” claims that President Obama is not a legitimate US citizen (see July 20, 2008, August 15, 2008, October 8-10, 2008, October 16, 2008 and After, November 10, 2008, December 3, 2008, August 1-4, 2009, May 7, 2010, Shortly Before June 28, 2010, Around June 28, 2010, March 23, 2011, and March 24, 2011), begins promoting a book by one of its senior authors, Jerome Corsi, titled Where’s the Birth Certificate? The Case that Barack Obama is Not Eligible to Be President. The book is slated to be published in May 2011. Corsi has long accused Obama of a number of crimes and frauds, almost all of which have been disproven and debunked (see August 1, 2008 and After, August 15, 2008, October 8, 2008, October 9, 2008, and January 18, 2011). WND promotes the book as “[t]he result of more than two years of solid investigative research by Corsi and a team of WND reporters and editors,” and predicts it will become “a huge bestseller [that will] change the dynamics of the debate over eligibility—IF, of course, the book is not spiked by the hostile establishment media.” WND uses the promotional campaign to raise funds both for book promotion and for WND in general (the book is published by “WND Books”). Publisher Joseph Farah writes that WND readers need to help the organization “raise hundreds of thousands of dollars to air [promotional television] commercials on television networks and stations throughout the country.” The first commercial is hosted on WND’s Web site. “We need to make this the biggest publishing event of the year,” Farah says. [WorldNetDaily, 3/27/2011] The day after WND issues its press release/report, Fox Nation, the online blog of Fox News, publishes a front-page story on the book’s promotional campaign, repeating some of the WND copy and linking to the story at WND. [Fox Nation, 3/28/2011]

Entity Tags: Fox News, Barack Obama, Fox Nation, Jerome Corsi, Joseph Farah, WorldNetDaily

Timeline Tags: Domestic Propaganda

Appearing as a guest on the Fox News morning talk show Fox and Friends, billionaire Donald Trump continues to raise questions about President Obama’s citizenship. The show hosts reference a recent interview by Trump on the ABC morning talk show The View, in which Trump alleged that “there’s something on that birth certificate that he doesn’t” want made public. After showing a clip from the interview, the hosts interview Trump about his appearance on The View. He denies View co-host Whoopi Goldberg’s statement that the continuing questions about Obama’s citizenship hinge on questions about his race, states that “anyone can get” their official birth certificate merely for the asking (see June 13, 2008 and July 1, 2009), and concludes: “I didn’t think this was such a big deal, but it’s turning out to be a very big deal.… If you weren’t born in this country, you cannot be president” (see March 2-4, 2011). Trump refuses to answer a direct question as to whether Obama was born in the United States, makes a number of unproven claims about doctors and nurses at the Honolulu hospital not remembering Obama’s birth, claims that Obama family members do not know what hospital he was born at, and casts aspersions on the birth announcements published in the Honolulu newspapers in the days after his birth (see July 2008). He repeats the claim that Obama has spent “millions of dollars” defending himself from “birther” claims, a claim that will soon be debunked (see April 7-10, 2011). He even says that Hawaiian Governor Neil Abercrombie (D-HI) “should be investigated” for claiming that he remembers Obama’s birth (see December 24, 2010). Obama “could have been born outside of this country,” Trump states. [Media Matters, 3/28/2011; Media Matters, 3/28/2011]

Entity Tags: Donald Trump, Barack Obama, Whoopi Goldberg, Neil Abercrombie, Fox News

Timeline Tags: Domestic Propaganda

An illustration accompanying a front-page story on the online Fox Nation blog.An illustration accompanying a front-page story on the online Fox Nation blog. [Source: Media Matters]Fox Nation, the online blog of Fox News, promotes Donald Trump’s recent claims that President Obama is not a US citizen and may not be a Christian (see February 10, 2011, March 17, 2011, March 23, 2011, March 23, 2011, March 28, 2011, and March 28-29, 2011). Fox Nation publishes a story with the headline “Trump on Obama: ‘Maybe He’s a Muslim.’” The story excerpts a recent interview of Trump by Fox News talk show host Bill O’Reilly, who said Trump “hammer[ed] the birth certificate” during a recent appearance on the ABC morning talk show The View. O’Reilly says his own investigative staffers determined that two birth announcements placed in Honolulu newspapers the week of Obama’s birth proved to his satisfaction that Obama was indeed born in the US and therefore is a US citizen (see July 2008). “There couldn’t have been a sophisticated—what is he, Baby Jesus?—there was a sophisticated conspiracy to smuggle this baby back into the country? So I just dismissed it. But you made a big deal of it.” Trump explains that those announcements could have been planted by Obama supporters bent on fraud, and even claims, “I have never seen” a birth announcement in a newspaper. “Really?” O’Reilly responds. “They are common.… But why is this important to you?” Trump says that because he doubts Obama is a citizen, Obama’s status as president is doubtful. He goes on to defend “birthers” as “just really quality people that just want the truth,” and lambasts media figures who make “birthers” “afraid to talk about this subject. They are afraid to confront you or anybody about this subject.” He concludes: “People have birth certificates. He doesn’t have a birth certificate (see June 13, 2008). He may have one but there’s something on that, maybe religion, maybe it says he is a Muslim. I don’t know. Maybe he doesn’t want that. Or he may not have one. But I will tell you this. If he wasn’t born in this country, it’s one of the great scams of all time.” [Media Matters, 3/30/2011; Fox Nation, 3/30/2011] O’Reilly has been critical of the so-called “birthers” before (see July 29, 2009).

Entity Tags: Donald Trump, Barack Obama, Bill O’Reilly, Fox News, Fox Nation

Timeline Tags: Domestic Propaganda

New York Times columnist Gail Collins lambasts billionaire television host Donald Trump, both for his media-savvy flirtation with the 2012 Republican presidential candidacy and for his support of the “birther” controversy (see February 10, 2011, March 17, 2011, March 23, 2011, March 23, 2011, March 28, 2011, March 28-29, 2011, March 30, 2011, April 1, 2011, and April 1, 2011). Collins calls Trump’s advocacy of “birtherism” “loony,” and implies he chose it to steal a march over a lackluster field of more “traditional” potential candidates for the Republican presidential nomination. She derides his business “success,” noting his most recent success is as the host of a television reality show, his bankruptcy of a once-profitable line of casinos, and his loss of millions on opulent high-rise apartment buildings. She notes that after she wrote an earlier column mocking Trump’s financial failures, he retorted by sending her a copy of the column with her picture circled and the words “The Face of a Dog!” written over it. Trump is not a serious candidate, she writes; he is doing what he does best: self-promotion, “product-placement, and personal aggrandizement.” [New York Times, 4/1/2011] A week later, Trump responds with a letter to the editor. He accuses Collins of having written “nasty and derogatory articles about me” in the past, and says he respects her for being able to survive so long “with so little talent.” He lambasts her for deriding his advocacy of “birtherism,” citing the “very large segment of our society” who believe that President Obama is not a legitimate American citizen, and cites as “proof” the long-debunked claim that Obama’s “grandmother from Kenya” told a caller that she saw Obama being born in a Kenyan hospital (see October 16, 2008 and After). Trump says the birth certificate Obama has produced (see June 13, 2008) is legally invalid (see August 21, 2008 and October 30, 2008), and claims no records exist in Hawaii’s state government of Obama’s birth record. He calls the term “birther” a “derogatory” label, and says had similar claims been raised about President Bush or any other president, “they would never have been allowed to attain office, or would have been thrown out of office very quickly.” Trump alleges that “the press protects President Obama beyond anything or anyone I have ever seen,” and says: “What they don’t realize is that if he was not born in the United States, they would have uncovered the greatest ‘scam’ in the history of our country. In other words, they would become the hottest writer since Watergate, or beyond. Open your eyes, Gail, there’s at least a good chance that Barack Hussein Obama has made mincemeat out of our great and cherished Constitution!” [New York Times, 4/8/2011]

Entity Tags: Barack Obama, Gail Collins, Donald Trump, New York Times

Timeline Tags: Domestic Propaganda

Fox News host Sean Hannity, discussing the recent spate of doubts voiced by billionaire Donald Trump regarding President Obama’s US citizenship (see February 10, 2011, March 17, 2011, March 23, 2011, March 23, 2011, March 28, 2011, March 28-29, 2011, March 30, 2011, April 1, 2011, April 1, 2011, and April 1-8, 2011), says that while he believes Obama was indeed born in the US, and the evidence proving this is “compelling” (see June 27, 2008, July 2008, August 21, 2008, October 30, 2008, July 1, 2009, and July 28, 2009), it is, however, “odd to me, you know, show the stupid birth certificate and move on.” Obama released an official copy of his Hawaiian birth certificate in 2008 (see June 13, 2008), but Hannity, like some others, considers that certificate inadequate. Fox News contributor Jonathan Morris says he believes Trump is playing to the relatively large percentage of “birthers” among New Hampshire Republicans. If Trump indeed wishes to run for president in 2012, as is rumored, then he would need to do well in New Hampshire’s Republican primary. [Media Matters, 4/5/2011] Hannity has brought the same subject up in previous broadcasts (see March 23, 2011 and March 24, 2011).

Entity Tags: Fox News, Barack Obama, Sean Hannity, Jonathan Morris

Timeline Tags: Domestic Propaganda

Donald Trump and Meredith Vieira on NBC’s ‘Today Show.’Donald Trump and Meredith Vieira on NBC’s ‘Today Show.’ [Source: Slapblog (.com)]Billionaire Donald Trump, the host of NBC’s Celebrity Apprentice, reportedly considers running for president in 2012 as a Republican. Trump has made similar claims in 1988 and 2000, but those were, according to Media Bistro, “just publicity stunts.” Trump is focusing on the “birther” controversy, claims from some on the right that President Obama is not a naturally-born American citizen. Though Obama has produced his birth certificate (see June 13, 2008) and satisfied constitutional requirements for proving his eligibility to serve as president, Trump and many “birthers” insist that he is actually a Kenyan citizen (see February 10, 2011, March 17, 2011, March 23, 2011, March 23, 2011, March 28, 2011, March 28-29, 2011, March 30, 2011, April 1, 2011, April 1, 2011, and April 1-8, 2011). Today, Trump takes part in contentious interviews on NBC’s Today Show, with Today co-host Meredith Vieira interviewing him; on MSNBC’s Morning Joe with Joe Scarborough; and an appearance later in the day on CNN. (On Morning Joe, former Governor Ed Rendell (D-PA) tells Trump, “Get off the birther stuff.”) Time magazine media critic James Poniewozik calls the Today interview “a trifecta of self-promotion for NBC Universal. It gave a platform to the star of Celebrity Apprentice, one of NBC’s few minor hits. It gave Today a buzzed-about interview… [a]nd it helped publicize an new NBC / Wall Street Journal poll that shows Trump tied for second as a hypothetical GOP presidential candidate.” Trump tells Vieira: “Three weeks ago when I started, I thought he was probably born in this country. Right now, I have some real doubts.… I have people that actually have been studying it and they cannot believe what they’re finding.” Trump is combative with the somewhat acquiescent Vieira, saying he is increasingly suspicious that Obama has “conned the world” about his citizenship. Trump refuses to let Vieira refute his allegations; for example, when Vieira attempts to tell Trump about Hawaii’s policy on what birth documents it makes available (see July 1, 2009), Trump merely talks loudly over her. She lets him go unchallenged with a number of long-debunked assertions. For example, Trump asserts that Obama’s grandmother claimed to have seen Obama born in Kenya (see October 16, 2008 and After), saying: “His grandmother in Kenya said, ‘Oh no, he was born in Kenya and I was there and I witnessed the birth.’ Now, she’s on tape and I think that tape’s going to be produced fairly soon.… The grandmother in Kenya is on record saying he was born in Kenya.” Poniewozik says that claim is on a par with a recent fraudulent “birth certificate” from Kenya made available on the Internet (see August 1-4, 2009); so, Poniewozik writes, “now millions of Today viewers are invited to take it as fact.” Trump also claims to have sent his own investigators to Hawaii, who have supposedly unearthed startling evidence of Obama’s Kenyan citizenship (see April 7, 2011), but does not give any specifics. Poniewozik concludes that NBC News anchor Brian Williams is likely “mortified” by Trump’s NBC appearance, considering how Williams and NBC News have “thoroughly worked over the birther conspiracies” and found them groundless. [NBC News, 4/7/2011; Media Bistro, 4/7/2011; Time, 4/7/2011; St. Petersburg Times, 4/7/2011] Trump’s claim that Obama has spent “over $2 million” defending himself from challenges to his citizenship is quickly shown to be false (see April 7-10, 2011).

Entity Tags: Joseph Scarborough, CNN, Brian Williams, Barack Obama, Donald Trump, James Poniewozik, Meredith Vieira, NBC News, MSNBC, Edward Gene (“Ed”) Rendell

Timeline Tags: Domestic Propaganda

Donald Trump, the billionaire entrepeneur and television show host who, it is rumored, may run for the Republican nomination for president in 2012, tells CNN’s Candy Crowley that he does not “like to talk about” the “birther” issue “too much.” Trump has relentlessly attacked President Obama’s citizenship—the central tenet of the “birther” issue—in recent weeks (see February 10, 2011, March 17, 2011, March 23, 2011, March 23, 2011, March 28, 2011, March 28-29, 2011, March 30, 2011, April 1, 2011, April 1, 2011, April 1-8, 2011, April 7, 2011, April 7, 2011, April 7-10, 2011, and April 7, 2011). The media watchdog blog Mediaite credits Crowley with a game attempt to “challenge Trump’s tenuous grasp of the facts surrounding President Obama’s birth, but like most conspiracy theorists, there’s no evidence too strong to ignore or too weak to believe, as long as it supports your delusion.” Trump “simply ignore[s]” the facts Crowley presents, Mediaite reports. [Mediaite (.com ), 4/10/2011]

Entity Tags: CNN, Barack Obama, Donald Trump, Candy Crowley, Mediaite (.com )

Timeline Tags: Domestic Propaganda, 2012 Elections

Dr. Chiyome Fukino, the former director of Hawaii’s Department of Health who has personally reviewed President Obama’s original birth certificate and pronounced it valid (see October 30, 2008 and July 28, 2009), calls the “birther” controversy “ludicrous.” She again pronounces the certificate valid, and denounces “conspiracy theorists” in the so-called “birther” movement for continuing to spread bogus claims about the issue (see July 20, 2008, August 15, 2008, October 8-10, 2008, October 16, 2008 and After, November 10, 2008, December 3, 2008, August 1-4, 2009, May 7, 2010, Shortly Before June 28, 2010, Around June 28, 2010, March 23, 2011, March 24, 2011, March 27-28, 2011, March 28, 2011, and April 5, 2011). “It’s kind of ludicrous at this point,” she tells an NBC interviewer. Fukino speaks in response to recent attempts by billionaire television host Donald Trump to revive the controversy surrounding Obama’s birth certificate and citizenship (see February 10, 2011, March 17, 2011, March 23, 2011, March 23, 2011, March 28, 2011, March 28-29, 2011, March 30, 2011, April 1, 2011, April 1, 2011, April 1-8, 2011, April 7, 2011, April 7, 2011, April 7-10, 2011, April 7, 2011, April 7, 2011, April 10, 2011, and April 21, 2011). Trump has made statements on NBC and CNN saying that “nobody has any information” about Obama’s birth and “if he wasn’t born in this country, he shouldn’t be president of the United States.” Fukino says no matter who releases what, the “birthers” will continue to question Obama’s citizenship. “They’re going to question the ink on which it was written or say it was fabricated. The whole thing is silly.” Fukino again explains the difference between the “long form” birth certificate, the Hawaiian “record of live birth” kept in state government vaults according to state law, and the “short form” certificate which is issued per an individual’s or family request (see July 1, 2009). She has twice inspected the “long form” certificate and found it true and valid, once at the request of former Governor Linda Lingle (R-HI), who in October 2008 asked Fukino if she could make a public statement in response to claims then circulating on the Internet that Obama was actually born in Kenya (see October 30, 2008). Fukino insisted on inspecting the form herself, in the company of the Hawaiian official in charge of state records, found the form valid, and stated such. “It is real, and no amount of saying it is not, is going to change that,” Fukino says. She notes that her then-boss, Lingle, was a supporter of Obama’s challenger, John McCain (R-AZ), and would presumably have to be in on any cover up since Fukino made her public comment at the governor’s office’s request. “Why would a Republican governor—who was stumping for the other guy—hold out on a big secret?” she asks. She notes again that the “short form” “certification of live birth” that was obtained by the Obama campaign in 2007 and has since been publicly released (see June 13, 2008) is the standard document that anybody requesting their birth certificate from the state of Hawaii would receive from the Health Department. The “short form” was given to the Obama campaign at Obama’s request. “What he got, everybody got,” Fukino says. “He put out exactly what everybody gets when they ask for a birth certificate.” Other records, such as vital records in the Health Department’s Office of Health Status Monitoring, show that “Obama II, Barack Hussein” was born on August 4, 1961 in Honolulu, further verifying Obama’s citizenship status. And two Honolulu newspapers announced the birth of a baby boy to Obama’s parents on that date (see July 2008). But Trump and others continue to insist that only the original “long form” record will prove Obama’s birth status. Joshua Wisch, a spokesman for the Hawaii attorney general’s office, says that Hawaiian state law precludes the release of “vital records” such as the “long form” birth certificate to anyone, even to the individual whose birth it records. “It’s a Department of Health record and it can’t be released to anybody,” he says, nor can it be photocopied. Obama could visit the Health Department and inspect it, but could not take it or make copies. Obama requested and received the same “short form” birth certificate anyone would get upon making such a request, Wisch says. [MSNBC, 4/11/2011]

Entity Tags: Chiyome Fukino, Barack Obama, Joshua Wisch, Donald Trump, Hawaii Department of Health

Timeline Tags: Domestic Propaganda

Arizona House Bill 2177, a bill requiring presidential candidates to prove they are natural-born citizens before being listed on Arizona state ballots, passes the Arizona State Senate, on a 20-8 party-line vote. The bill then passes the House on another party-line vote, 40-16. House Republican Carl Seel (R-AZ), who co-sponsored the bill, says the intent of the legislation is to “maintain the integrity of the Constitution.” A candidate wishing to run for president in Arizona would, under the legislation, have to submit a “long form birth certificate” that includes at least their date and place of birth, the names of the hospital and doctor, and, if applicable, signatures of any witnesses in attendance. Candidates who do not have such a document could submit other documents in its stead. The original bill required the long-form certificate to be presented, but after some tension between Republican state lawmakers, the long-form certificate was made optional, and other documents were inserted as certifying natural birth—including for Jewish citizens a circumcision certificate, a document given to Jewish parents after their male child is ceremonially circumsized. Such certificates are religious and not legal documents, but the bill would allow such a document to be used to prove citizenship. Other “acceptable” documents include hospital birth records, a postpartum medical record, or an early census record. Critics of the bill say it is driven by the “birther” controversy over whether President Obama is actually a US citizen (see June 27, 2008, July 20, 2008, and August 21, 2008). Billionaire Donald Trump, who says he may run for president as a Republican in 2012, has made frequent calls for Obama to reveal his birth certificate. Obama’s birth certificate has long been made publically available (see June 13, 2008), but “birthers” have consistently refused to accept its validity. State Senator Kyrsten Sinema (D-AZ) voted against the bill and says it would have no standing in federal or state law even if signed into law by Governor Jan Brewer (R-AZ). “This is designed specifically to challenge [Obama’s] ability to run for re-election,” she says. “Frankly, I think they’d be better served by just surfacing a good candidate to run against him.” Critics note that such requirements as stated in the bill already exist under federal law, and Obama, as every presidential candidate has before him, submitted such documents during his filing to run for the White House. [Salon, 4/15/2008; State of Arizona House of Representatives, 2011; KTVK-TV, 4/13/2011; Phoenix New Times, 4/13/2011; Phoenix Business Journal, 4/13/2011] Many credit Trump with energizing the Republican legislators’ push to pass the bill. Trump recently met with Seel concerning the bill and his considered run for the presidency (see April 7, 2011). [Phoenix Business Journal, 4/13/2011] The Senate version of the bill included wording that some lawmakers said defined natural-born citizens as children whose parents were citizens at the time of the candidate’s birth, which would possibly conflict with constitutional statute. That wording was eliminated from the House version. [Arizona Republic, 3/23/2011] When the bill reaches Brewer’s desk four days later, she vetoes it (see April 19, 2011).

Entity Tags: Barack Obama, Carl Seel, Donald Trump, Jan Brewer, Kyrsten Sinema

Timeline Tags: Domestic Propaganda, 2012 Elections

Glenn Beck, a Fox News talk show host who also hosts a syndicated radio show, tells radio listeners that he wishes the “birthers” would stop with the conspiracy theories. “Birthers” believe President Obama is not really a US citizen, despite all the evidence to the contrary (see June 13, 2008, August 21, 2008, and October 30, 2008). Referring to his co-hosts, Beck says, “This is why Stu [Burguiere] hates, and I hate, and Pat [Gray] hates the birther thing.” Republicans who continue to flog the “birther” conspiracy theory, Beck says, are missing out on a real opportunity to “show real differences between the right and the left” in the upcoming presidential election. Beck tells his listeners: “If you’re going to lose your country—we’re going to lose it on a birth certificate? You have a real opportunity to talk about American exceptionalism and what made us exceptional. You have a real opportunity to talk about taxes and spending. Instead, you’re gonna waste time on the birth certificate? I understand. I personally think he’s a citizen. I think he was born here. I don’t think he was a Manchurian Candidate from birth. But, if you want to, great. You’re out of your mind if you think that is a winning argument for the next election.… Stop with the damn birth certificate! Stop!” [Mediaite (.com), 4/14/2011; The Blaze, 4/14/2011]

Entity Tags: Glenn Beck, Barack Obama, Steve (“Stu”) Burguiere, Pat Gray

Timeline Tags: Domestic Propaganda

The altered photograph sent out by California ‘tea party’ activist Marilyn Davenport. She claims the depiction is not racist.The altered photograph sent out by California ‘tea party’ activist Marilyn Davenport. She claims the depiction is not racist. [Source: Orange County Weekly]Marilyn Davenport, a member of the Orange County (California) Republican Party (OCGOP) and a prominent tea party activist, sends an email to “a few friends” depicting President Obama as a half-ape “child” sitting on the laps of chimpanzee parents. The photograph is headed by the words, “Now you know why no birth certificate” (see June 13, 2008). Davenport attempts to laugh off the email as a joke, telling a reporter: “Oh, come on! Everybody who knows me knows that I am not a racist. It was a joke. I have friends who are black. Besides, I only sent it to a few people—mostly people I didn’t think would be upset by it.” Other local Republicans are less amused. One of her fellow OCGOP members, who refuses to be identified, says: “It’s unbelievable. It’s much more racist than the watermelon email. I can’t believe it was sent out. I’m not an Obama fan but how stupid do you have to be to do this?” The member is referring to a February 2009 email sent out by another Orange County Republican, then-Los Alamitos Mayor Dean Grose, who emailed a picture of a watermelon patch in front of the White House and then denied the picture was racist (see February 24-26, 2009). Another Republican official who also refuses to be identified says that Davenport is “a really, really sweet old lady so I am surprised to hear about this.” In a telephone conversation, OCGOP chairman Scott Baugh tells Davenport the email is tasteless. When contacted by a reporter from the Orange County Weekly, Davenport asks: “You’re not going to make a big deal about this are you? It’s just an Internet joke.” Baugh tells a reporter that it is indeed a big deal. “When I saw that email today I thought it was despicable,” he says. “It is dripping with racism and it does not promote the type of message Orange County Republicans want to deliver to the public. I think she should consider stepping down as an elected official.” Michael J. Schroeder, an Orange County resident and former California Republican Party chairman, calls the email disgusting. “This is a three strikes situation for Marilyn Davenport,” Schroeder says. Schroeder cites Davenport’s impassioned defense of a former Newport Beach city councilman who made explicitly racist slurs against “Mexicans,” and her defense of Grose and the watermelon picture. “Now, she has managed to top both of those incidents by comparing African-Americans to monkeys. She has disgraced herself and needs to resign. If she doesn’t, the Republican Party must remove her.” Davenport responds by sending an angry email to fellow California conservative activists demanding to know the identity of “the coward” who supplied a copy of her email to the press. She refuses to speak to at least two reporters, blaming the “liberal media” for the controversy. She later sends another email to fellow Orange County Republican elected officials, apologizing if anyone was offended and again blaming the “liberal media” for reporting the story. She writes: “I’m sorry if my email offended anyone. I simply found it amusing regarding the character of Obama and all the questions surrounding his origin of birth. In no way did I even consider the fact he’s half black when I sent out the email. In fact, the thought never entered my mind until one or two other people tried to make this about race. We all know a double standard applies regarding this president. I received plenty of emails about George Bush that I didn’t particularly like yet there was no ‘cry’ in the media about them. One only has to go to Youtube or Google Images to see a plethora of lampooning videos and pictures of Obama, Bush, and other politicians. That being said, I will NOT resign my central committee position over this matter that the average person knows and agrees is much to do about nothing. Again, for those select few who might be truly offended by viewing a copy of an email I sent to a select list of friends and acquaintances, unlike the liberal left when they do the same, I offer my sincere apologies to you—the email was not meant for you. For any of my friends or acquaintances who were the recipients of my email and were truly offended, please call me so I may offer a sincere verbal apology to you.” Orange County Republican activist Tim Whitacre defends Davenport, telling a reporter: “Marilyn Davenport is a staunch, ethical Republican lady. There is nothing unethical about this from a party standpoint because it wasn’t sent out to the party at large with any racist statements and it wasn’t signed as a central committee member. As a private individual, she is just real big on birther stuff. One of her passions that drives her is the president’s lack of forthrightness about where he was born. Marilyn believes that nobody knows where he was born and so this picture says a thousand words. She is not a perfect lady, but she is no racist. She is a gentle person who would feed you, help you, be there for you if you were in trouble. She is known as a pleasant, loving person and it kills me that she is being attacked by this non-story knowing her mindset.” [Orange County Weekly, 4/15/2011; KCAL-TV, 4/15/2011; CBS Los Angeles, 4/15/2011] Baugh says that he wants an ethics investigation into Davenport’s actions. [Associated Press, 4/15/2011] Conservative blogger Charles Johnson calls Davenport’s message “a vicious racist email about the first African-American president,” and writes, “This latest sickening example makes the connection between birtherism and old-school racism utterly explicit.” [Charles Johnson, 4/15/2011]

Entity Tags: Orange County Weekly, Dean Grose, Charles Johnson, Barack Obama, Marilyn Davenport, Orange County (California) Republican Party, Tim Whitacre, Scott Baugh, Michael J. Schroeder

Timeline Tags: Domestic Propaganda

Marilyn Davenport.Marilyn Davenport. [Source: Angry Black Lady (.com)]Marilyn Davenport, the Orange County, California, Republican Party official and tea party activist who sent out an email of President Obama and his parents as chimpanzees (see April 15, 2011), apologizes for her error, calling herself an “imperfect Christian,” and says she sees no reason to resign her post as a member of the county GOP’s central committee. She reads a statement to reporters that includes a Bible passage from the Book of James. The statement reads in part: “To my fellow Americans who have seen the email that I forwarded and were offended by my actions, I humbly apologize. I ask for your forgiveness for my unwise behavior. I didn’t stop to think about the historic implications and other examples of how this could be offensive. I’m an imperfect Christian gal who does her best to live a Godly life. I would never do anything to intentionally harm or berate others regardless of ethnicity. Everyone who knows me, knows that to be true. I will not repeat this error. So I ask for your forgiveness, for I am truly sorry.” Asked by reporters who she believes she offended, she says: “I assume I have offended the black people. Having friends who are black, I never intended for that.” The Orange County Republican Central Committee is slated to meet to discuss the issue. Committee member Tim Whitacre says Davenport will not attend, because she has received death threats. Whitacre says, “She’s horrified this has happened and she’s horrified anyone would be offended by this.” Whitacre says that since Davenport has apologized, it is time for people to move on without further comment. “It was a private email from her private house to some private friends,” Whitacre says. “I am not defending the email. No one is defending the content of the email. What I am defending, I know this lady’s mindset and her heart. I know there’s nothing in her history that would say racist.” Republican Party of Orange County chairman Scott Baugh says that the committee can pass a resolution critical of Davenport, and that is about all it can do. “The bottom line is state law precludes the committee from terminating her membership,” Baugh says. “She’s an elected member, elected by the public, and there are very narrow reasons you can remove her, and her racist email is not one of them.” Civil rights leader Earl Ofari Hutchinson says Davenport should resign. “The request by Orange County GOP chair Scott Baugh for Davenport’s resignation and pending investigation is not enough,” he says in an email to a Los Angeles NBC station. “The Reverend Al Sharpton has also demanded Davenport’s resignation.… We must send the message that racism will not be tolerated. Racism will be condemned anytime by anybody.” Hutchinson says the Republican National Committee should formally censure Davenport for her email “of a racist, inflammatory, and despicable photo depicting President Obama and his family as monkeys,” and should urge the Orange County GOP to issue an apology to Obama. “Anything less than censure and an apology reinforces the notion that the national GOP tacitly condones racist words and acts by its officials,” Hutchinson says. [KABC-TV, 4/18/2011; NBC Los Angeles, 4/20/2011] Alice Huffman, president of the NAACP’s California State Conference, says: “There are no ifs and buts about this cartoon; it is absolutely and positively racist in nature. There is no way that depicting the president of the United States as less than human can be considered anything but a racist act.” Former GOP state chairman Michael J. Schroeder says, “The damage to the Republican Party has been by her, and I still think she should resign.” [The Root, 4/20/2011] In an interview, Davenport says she worries she has lost her reputation. “I understand why everyone is contacting me,” she says. “I wasn’t wise in sending the email out. I shouldn’t have done it. I really wasn’t thinking when I did it. I had poor judgment.… Everybody who knows me says they can’t believe people are calling me a racist.” Davenport says that she received the doctored photo of a chimpanzee Obama from a tea party activist, and that the photo is based on the media frenzy prompted by Donald Trump’s claims that Obama might have been born in Africa and therefore is not a US citizen (see February 10, 2011, March 17, 2011, March 23, 2011, March 23, 2011, March 28, 2011, March 28-29, 2011, March 30, 2011, April 1, 2011, April 1, 2011, April 1-8, 2011, April 7, 2011, April 7, 2011, April 7-10, 2011, April 7, 2011, April 10, 2011, and April 14-15, 2011). [Orange County Weekly, 4/18/2011]

Entity Tags: Michael J. Schroeder, Barack Obama, Alice Huffman, Al Sharpton, Donald Trump, Marilyn Davenport, Republican National Committee, Tim Whitacre, Earl Ofari Hutchinson, Orange County Republican Central Committee, Orange County (California) Republican Party, Scott Baugh

Timeline Tags: Domestic Propaganda

Governor Jan Brewer (R-AZ) vetoes a controversial “birther bill” that would require presidential candidates to submit proof of citizenship to the Arizona secretary of state. The bill passed both houses of the Arizona legislature on party-line votes (see April 13-15, 2011). Brewer also vetoes another Republican-backed bill that would have allowed citizens to bring guns onto college campuses. The “birther” bill would have required such documents as the so-called “long form” birth certificate (see July 1, 2009) and/or other acceptable forms of proof of US citizenship, including for Jewish candidates a proof of circumcision. “I never imagined being presented with a bill that could require candidates for president of the greatest and most powerful nation on earth to submit their ‘early baptism or circumcision certificates,’” Brewer says. “This is a bridge too far. This measure creates significant new problems while failing to do anything constructive for Arizona.” Brewer, a former Arizona secretary of state, says she does not support designating one person as “gatekeeper to the ballot for a candidate,” as it “could lead to arbitrary or politically motivated decisions.” Many believe the “birther” bill is an attempt to join in the “birther” controversy that has called into question President Obama’s citizenship. Billionaire television host and entrepeneur Donald Trump (see February 10, 2011, March 17, 2011, March 23, 2011, March 23, 2011, March 28, 2011, March 28-29, 2011, March 30, 2011, April 1, 2011, April 1, 2011, April 1-8, 2011, April 7, 2011, April 7, 2011, April 7-10, 2011, April 7, 2011, April 7, 2011, April 10, 2011, and April 21, 2011) recently met with the bill’s House sponsor, Representative Carl Seel (R-AZ), and area tea party organizers to discuss the bill and other political items of interest (see April 7, 2011). Many believe that Trump’s interest in the “birther” controversy helped usher the bill through the Arizona legislature. Arizona Senator Steve Gallardo (D-AZ) says Brewer vetoed the bills because they damaged Arizona’s image. “All they do is put us in the national spotlight and make us look silly,” Gallardo says. “She’s saying she doesn’t want that to happen any longer.… At the end of the day, it was the right thing for Arizona.” However, State Senator Steve Smith (R-AZ) says the bill would have settled questions about Obama’s citizenship. [KSAZ-TV, 4/18/2011; Arizona Republic, 4/18/2011; Reuters, 4/19/2011] Bills similar to the “birther” legislation have been defeated in Arkansas, Connecticut, Maine, and Montana. [KSAZ-TV, 4/18/2011] It is possible that the Arizona House can override Brewer’s veto, but observers, including House Speaker Kirk Adams (R-AZ) believe that will not happen. Seel says such an attempt would appear to be an attempt to override Brewer’s judgment. “Overrides are a real difficult monster,” he says. [Arizona Republic, 4/18/2011]

Entity Tags: Steve Smith, Steve Gallardo, Jan Brewer, Carl Seel, Barack Obama, Kirk Adams, Donald Trump

Timeline Tags: Civil Liberties, Domestic Propaganda, 2012 Elections

George Stephanopoulos interviews Michele Bachmann on ABC.George Stephanopoulos interviews Michele Bachmann on ABC. [Source: Washington Times]US Representative Michele Bachmann (R-MN) tells ABC morning talk show host George Stephanopoulos that she is “mov[ing] on” from the so-called “birther” controversy surrounding President Obama’s supposed lack of US citizenship. In an interview, Stephanopoulos asks Bachmann about comments she made the night before on Fox News advising Obama to publicly display his birth certificate to settle the matter. Stephanopolous notes that Kent Sorenson (R-IA), an Iowa state senator who is expected to serve as Bachmann’s political director for her 2012 presidential bid, has introduced legislation in the Iowa Senate that could force candidates to file “a copy of the candidate’s birth certificate certified by the appropriate official in the candidate’s state of birth” (see March 6, 2011). Bachmann tells Stephanopoulos that only county clerks can assert a valid proof of birth, and acknowledges that Arizona Governor Jan Brewer (R-AZ) vetoed a similar bill in her state (see April 19, 2011). Stephanopoulos then shows Bachmann a copy of Obama’s birth certificate (see June 13, 2008), which the Obama presidential campaign released in 2008, and informs her that Hawaiian state officials have validated the certificate as legal and binding (see October 30, 2008 and July 28, 2009). “I have the president’s certificate right here,” he tells Bachmann. “It’s certified, it’s got a certification number. It’s got the registrar of the state signed. It’s got a seal on it. And it says ‘this copy serves as prima facie evidence of the fact of birth in any court proceeding.’” Bachmann responds, “Well, then that should settle it.” Stephanopoulos asks, “So it’s over?” Bachmann replies: “That’s what should settle it. I take the president at his word and I think—again I would have no problem and apparently the president wouldn’t either. Introduce that, we’re done. Move on.” Stephanopoulos presses the issue, saying: “Well, this has been introduced. So this story is over?” Bachmann replies: “Well, as long as someone introduces it I guess it’s over.… That is not the main issue facing the United States right now.” [Politico, 4/20/2011; ABC News, 4/20/2011] Bachmann has launched a number of attacks on Obama in the past, challenging his patriotism (see October 17-22, 2008), asserting that he and his administration are “socialists” (see March 5, 2009, August 18, 2009, and November 5, 2009), warning that he plans to build “re-education camps” to indoctrinate America’s children (see March 31, 2009), saying that he and his fellow Democrats plan to force public schools to host “sex clinics” (see September 30, 2009), and attempting to block a resolution commemorating Hawaii’s statehood because of her apparent concern that the resolution would validate Obama’s birth in that state (see July 27, 2009).

Entity Tags: George Stephanopoulos, Barack Obama, Fox News, Michele Bachmann, Kent Sorenson, Jan Brewer

Timeline Tags: Domestic Propaganda, 2012 Elections

Chris Van Hollen, in an undated appearance on Fox News.Chris Van Hollen, in an undated appearance on Fox News. [Source: Associated Press / Politico]Representative Chris Van Hollen (D-MD) and other prominent Democrats file a lawsuit against the Federal Election Commission (FEC) asking that entity to force the disclosure of political campaign donor information. In 2007, after a Supreme Court ruling (see June 25, 2007), the FEC drastically rewrote its disclosure requirements, creating what Van Hollen calls a “major loophole” that many 501(c)4 entities funded by corporate or labor union donations are using to operate “under a veil of anonymity.” Van Hollen and his colleagues say they want to force wealthy corporations and individuals to disclose who they are and how much they donate to political organizations. Currently, the Citizens United decision (see January 21, 2010) allows such donors to remain anonymous, and the organizations that receive their donations to conceal the amounts they are receiving. Van Hollen cites the 2002 Bipartisan Candidate Reform Act (BCRA—see March 27, 2002) as applying in this instance. In the brief he submits for the lawsuit, Van Hollen writes: “The US Chamber of Commerce, a Section 501(c) corporation, spent $32.9 million in electioneering communications in the 2010 Congressional elections, and disclosed none of its contributors; American Action Network (AAN—see Mid-October 2010), a Section 501(c) corporation, spent $20.4 million in electioneering communications in the 2010 Congressional elections, and disclosed none of its contributors; Americans for Job Security, a Section 501(c) corporation, spent $4.6 million in electioneering communication in the 2010 Congressional elections, and disclosed none of its contributors.” The lawsuit comes almost simultaneously with news that the White House is considering issuing an executive order that would require federal contractors to reveal their donations (see April 20, 2011). Democrats admit that even as they push the lawsuit forward, and President Obama publicly criticizes the practice of secret donations, they, too, are raising undisclosed donations for the various 2012 campaigns. Experts note that in most cases, Democrats’ efforts to raise undisclosed donations are far smaller than efforts by Republicans, and the amounts they are receiving are, so far, much smaller. Fred Wertheimer of Democracy 21, who is leading Van Hollen’s legal team, acknowledges that the lawsuit will not alter campaign finance policy before the 2012 elections, though he says it is possible that the lawsuit could receive a favorable decision and force disclosure while appeals are pending.
Similarities to DISCLOSE Act - Both the lawsuit and the executive order are similar to sections of the DISCLOSE Act, a legislative package drafted by Van Hollen and other Congressional Democrats that was blocked by Senate Republicans from coming to a vote (see July 26-27, 2010). USCOC spokesperson Blair Latoff says the lawsuit and the order comprise a “desperate attempt by the White House and House Democrats to resurrect the corpse of the DISCLOSE Act.” (Law professor Steven D. Schwinn will refute Latoff’s accusation, writing that Van Hollen’s lawsuit in no way seeks to force the DISCLOSE Act into law via the courts.) Like the failed legislation, the lawsuit and the proposed executive order would work to curtail the effects of the Supreme Court’s controversial Citizens United decision, which allows virtually unlimited and anonymous political spending by corporations and other entities. The lawsuit argues that the concealment of donor identities contradicts both the law and the Court’s ruling, citing the following language in the majority ruling: “With the advent of the Internet, prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable.”
Seeks Change in FEC Regulations - The lawsuit specifically challenges an FEC regulation adopted in 2007 that contravened language in the 2002 Bipartisan Campaign Reform Act (see March 27, 2002) that required disclosure of donations of $1,000 or more if the donations were made for the purpose of furthering “electioneering communications.” Another petition filed by Van Hollen’s group asks the FEC to revise a regulation that “improperly allowed nonprofit groups to keep secret the donors” whose funds were being used to pay for so-called independent expenditures in federal elections. [van Hollen, 4/21/2011 pdf file; Los Angeles Times, 4/21/2011; New York Times, 4/21/2011; Steven D. Schwinn, 4/25/2011; Think Progress, 4/27/2011]
'Sign of Weakness' - Bradley A. Smith, a former FEC commissioner and the head of the Center for Competitive Politics, a conservative advocacy group, says of the lawsuit: “This is a sign of weakness by a group that’s afraid they’re going to lose, and lose big. Again and again, you see evidence that their real purpose is to try to shut down their political opposition.” Smith and other conservatives say Democrats want to “chill” free speech. [New York Times, 4/21/2011]
FEC Will Refuse to Consider Accompanying Petition - In December 2011, the FEC will refuse to consider an accompanying petition on a 3-3 vote. [Commission, 12/16/2011; Commission, 12/16/2011] The vote is along partisan lines, with the three Democrats on the commission voting to consider the petition and the three Republicans voting against. The law prohibits the FEC from having a majority of commissioners from either party. [Think Progress, 1/21/2012]
Judge Will Rule in Favor of Plaintiff - In March 2012, a district judge will rule in favor of Van Hollen in the lawsuit (see March 30, 2012).

Entity Tags: Bipartisan Campaign Reform Act of 2002, Americans for Job Security, Barack Obama, American Action Network, Blair Latoff, Bradley A. (“Brad”) Smith, Steven D. Schwinn, US Chamber of Commerce, DISCLOSE Act of 2010, Chris Van Hollen, Fred Wertheimer, Federal Election Commission

Timeline Tags: Civil Liberties

The New York Times publishes the results of a recent poll it conducted in conjunction with CBS News. The poll finds a general “lack of passion” among Republican voters for any particular 2012 presidential contender. However, one of the poll’s findings is buried deep in the story: Forty-seven percent of Republican voters believe that President Obama was born in another country (therefore making him not a US citizen and ineligible for the presidency). Twenty-two percent say they do not know where he was born, and 32 percent say he was born in the United States (see June 13, 2008, August 21, 2008, and October 30, 2008). Within hours, the section about Republicans doubting Obama’s birthplace is removed from the online version of the Times article with no explanation. [New York Times, 4/22/2011; Media Matters, 4/22/2011; Crooks and Liars, 4/23/2011]

Entity Tags: CBS News, Barack Obama, New York Times

Timeline Tags: Domestic Propaganda

Appearing on ABC’s Sunday morning talk show This Week, in an interview taped ahead of time but broadcast on Easter morning, Christian evangelist Franklin Graham gives his blessing to billionaire presidential candidate Donald Trump’s rumored presidential aspirations, saying: “When I first saw that he was getting in, I thought, ‘Well, this has got to be a joke.’ But the more you listen to him, the more you say to yourself: ‘You know? Maybe the guy’s right.’” Graham says he agrees with Trump’s allegations that President Obama may not be an American citizen. The Charlotte Observer notes, “There was no discussion of how Graham, a conservative Christian, could support a thrice-married owner of gambling casinos.” Graham has said in recent years that Obama was “born a Muslim” and Islam is a “wicked” religion. On This Week, he questions Obama’s Christianity (see January 6-11, 2008) and refuses to say that Obama’s birth certificate is valid (see June 13, 2008, June 27, 2008, August 21, 2008, and October 30, 2008). “The president… has some issues to deal with here,” he says. “He can solve this whole birth certificate issue pretty quickly (see July 1, 2009). I was born in a hospital in Asheville, North Carolina, and I know that my records are there. You can probably even go and find out what room my mother was in when I was born. I don’t know why he can’t produce that.… It’s an issue that looks like he could answer pretty quickly.” In a subsequent interview for Christianity Today, Graham backs away from his previous claims that Obama is a Muslim, saying: “I do not believe for an instant that Obama is a Muslim. He has said he’s not a Muslim. I take him at his word. People say he’s not born in the United States. I take it on the word that they properly vetted him before they swore him into office. I’m sure somebody had to look at his credentials. I’m not saying the president is a Muslim, never said he’s a Muslim. He says he’s a Christian.… I’ve never said that Obama was born a Muslim.” However, he notes, “All throughout the Muslim world, every person whose father is a Muslim is recognized under Islamic law as a Muslim.” Obama’s father was a nonpracticing Muslim. [Charlotte Observer, 4/25/2011; Christianity Today, 4/26/2011] The Charlotte Observer publishes an op-ed in response to Graham’s claims that accuses him of “spouting… nonsense” about Obama’s birth certificate and “join[ing] Trump in fostering the bizarre and false birther allegations.” [Charlotte Observer, 4/26/2011] In 2010, Graham told a CNN reporter that Obama’s “problem” was that he was “born a Muslim” (see August 19, 2010).

Entity Tags: Donald Trump, Barack Obama, Charlotte Observer, Franklin Graham

Timeline Tags: Domestic Propaganda, 2012 Elections

Responding to recent comments by evangelist Franklin Graham that questioned President Obama’s US citizenship (see April 24-25, 2011), Fox News anchor Shepard Smith tells his viewers: “Fox News can confirm that the president of the United States is a citizen of the United States. Period.” Smith refers viewers to the validated copy of Obama’s birth certificate that has been available for years (see June 13, 2008) before making the assertion that Fox confirms Obama’s US citizenship. [Media Matters, 4/25/2011; Business Insider, 4/26/2011]

Entity Tags: Donald Trump, Barack Obama, Shepard Smith, Franklin Graham, Fox News

Timeline Tags: Domestic Propaganda

On Sean Hannity’s Fox News talk show, guest Tamara Holder, a Fox legal analyst, speculates why President Obama has not “released” his “real” birth certificate (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, October 30, 2008, July 1, 2009, July 28, 2009, July 28, 2009, July 29, 2009, April 11, 2011, and April 25, 2011). “I would say that maybe there’s something on there that he doesn’t want people to know,” she says. When Hannity asks her what that might be, she responds: “Like who his father is. Maybe that the father isn’t listed on the birth certificate. That is my only idea.” The progressive media watchdog Media Matters equates Holder’s speculation with radical-right eccentric Andy Martin’s announcement that Obama was “fathered” by a black Muslim activist with Communist ties (see Before October 27, 2008), or blogger Pamela Geller’s speculation that Obama’s father might be civil rights activist Malcolm X (see October 24, 2008). The Media Matters analysis concludes with the observation, “Meanwhile, in the real world, the certification of live birth issued by the state of Hawaii does list a father: Barack Obama Sr.” [Media Matters, 4/27/2011]

Entity Tags: Sean Hannity, Anthony Robert Martin-Trigona, Barack Obama, Media Matters, Tamara Holder, Pamela Geller, Fox News

Timeline Tags: Domestic Propaganda

California lawyer Orly Taitz, who has long questioned President Obama’s citizenship (see November 12, 2008 and After, March 13, 2009, August 1-4, 2009, September 16-21, 2009, September 17, 2009, October 29, 2009, March 15, 2010, April 16, 2010, July 7 - August 16, 2010, August 9, 2010 - January 11, 2011, and April 27, 2011) to the point where a Georgia judge has called her “delusional” (see October 13-16, 2009), says that she has doubts about the authenticity of Obama’s long-form birth certificate. Specifically, she says that a real birth certificate from 1961 would have listed Obama’s race as “Negro” and not “African.” She says: “Look, I applaud this release. I think it’s a step in the right direction. I credit Donald Trump in pushing this issue.” However, she adds: “In those years… when they wrote race, they were writing ‘Negro’ not ‘African.’ In those days nobody wrote African as a race, it just wasn’t one of the options. It sounds like it would be written today, in the age of political correctness, and not in 1961 when they wrote white or Asian or ‘Negro.‘… It looks like terminology that would be used today, not 1961.” She continues to insist that because Obama’s father is Kenyan, Obama is ineligible for the presidency because he is not a “natural born citizen,” in spite of being contradicted by the Fourteenth Amendment. [TPM Muckraker, 4/27/2011; Wall Street Journal, 4/27/2011] She also wants to know why the certificate lists the address of Obama’s grandparents, 6085 Kalanianaole Highway in Honolulu, and not his parents’ address. Still, she says the birth certificate is an improvement over the previous “short form” certificate released by Obama in 2008 (see June 13, 2008). “I have to say that this is a step in the right direction,” she says, “just as the release of the Watergate tapes was a step in right direction [sic] by Richard Nixon (see July 13-16, 1973). And like Richard Nixon, there’s a good chance this will cost him his presidency (see August 8, 1974). It is a much better document than we had before.” [Wall Street Journal, 4/27/2011]

Entity Tags: Orly Taitz, Donald Trump, Barack Obama

Timeline Tags: Domestic Propaganda

Jonathan Martin and John F. Harris, writing for the online news outlet Politico, say that President Obama’s decision to present his “long form” birth certificate as proof of his US citizenship (see April 27, 2011) is a “decisive new turn in the centuries-long American history of political accusation and innuendo. By directly and coolly engaging a debate with his most fevered critics, Obama offered the most unmistakable validation ever to the idea that we are living in an era of public life with no referee—and no common understandings between fair and unfair, between relevant and trivial, or even between facts and fantasy.” The authors note that presidents have been pursued by “[l]urid conspiracy theories” for centuries. However, until now, those presidents have “benefited from a widespread consensus that some types of personal allegations had no place in public debate unless or until they received some imprimatur of legitimacy—from an official investigation, for instance, or from a detailed report by a major news organization.” That is no longer the case, they say (see April 27, 2011). Former White House press secretary Robert Gibbs says: “There are no more arbiters of truth. So whatever you can prove factually, somebody else can find something else and point to it with enough ferocity to get people to believe it. We’ve crossed some Rubicon into the unknown.” The writers note their difficulty in envisioning former President Clinton “coming out to the White House briefing room to present evidence showing why people who thought he helped plot the murder of aide Vincent Foster—never mind official rulings of suicide—were wrong” (see April 27, 2011), or former President George W. Bush giving a press conference denying allegations that “he knew about the Sept. 11 attacks ahead of time and chose to let them happen.” Obama’s choice to release the documentation and even to make a personal appearance to announce it are a powerful indication that the political dynamic has changed. Obama advisers explain that he made the decision to do so “because of the radical reordering of the political-media universe over the past 15 years, or so. The decline of traditional media and the rise of viral emails and partisan Web and cable TV platforms has meant the near-collapse of common facts, believed across the political spectrum.” Debunking the myth of Obama’s “foreign birth” means nothing to a large percentage of Americans who still remain unconvinced, or firmly believe the myth, the authors write. After trying to ignore it and mock it into irrelevance, they write, Obama “finally gave in and affirmed a new truth of politics in the Internet era: Nothing can be dismissed and anything that poses a political threat must be confronted directly.” White House communications director Dan Pfeiffer says: “We’re dealing with a lot of the same things Clinton and frankly Bush dealt with, but we’re dealing with them at 1,000 times the speed and with fewer referees. That is the downside of the disaggregation of the media. If you don’t want to believe what someone is telling you, you can go somewhere else. If you believe beyond a shadow of a doubt that the president is not American, you can go somewhere to find somebody to validate that.” Another Obama adviser, who remains anonymous, adds: “Clinton never had to deal with a fully formed Internet. [Conservative Web gossip Matt] Drudge’s power was born out of the revelations of 1998. A fully automated cable TV universe with the Internet is something that [Clinton] never had to deal with.” Clinton’s press secretary Joe Lockhart says: “You’ve lost the ability to starve a story to death. So what you have to do is raise the price of those who are making the charges. If Donald Trump is out there saying this, you’ve got to make him pay a price for throwing a bomb before too much collateral damage is done.… You literally can’t laugh anything off. There’s nothing neutral in politics. It’s either helping you or hurting you. You’ve got to make sure it’s helping you or you’re going to lose.” The authors note that politicians are learning to use this phenomenon to their own advantage. While Washington Republicans often bemoan the ascendancy of “fringe” pundits like Fox News’s Glenn Beck, the authors write, “they relish the way Beck and ideological confederates excite the GOP base, a contributing factor in the party’s strong performance in 2010.” The authors also point to Democrats’ willingness to allow “liberal commentators” to push for the truth behind George W. Bush’s Vietnam-era service in the National Guard. The authors claim that the Obama team “enjoys giving the stage to the GOP’s most divisive voices,” noting that Gibbs and former White House chief of staff Rahm Emanuel often called conservative talk show host Rush Limbaugh “the de facto leader of the Republican Party.” Obama, and his successors, will have to do things previous presidents have never considered, from appearing on less “serious” talk shows such as those hosted by Oprah Winfrey and David Letterman, or making appearances on networks such as the sports broadcaster ESPN. “It’s hard to see a president doing those things 10 or 20 years ago, but it’s become almost a requirement now,” Gibbs says. It is hard to know where to draw the line, Gibbs continues. “Does it become incumbent to prove everything wrong? You have to be very careful to not fall into that trap because you’ll spend all of your time and energy chasing your own tail.” Pfeiffer says most open-minded Americans will take the “long form” certificate as the evidence required to settle the issue: “There will be some segment of the population who will believe what they’re going to believe, regardless of anything else. But for the majority of the country, we have the capacity to correct the record and convince people of the truth. It’s not as easy as it used to be, but it’s possible.” Pfeiffer notes the “huge amount of time and energy” spent on dealing with the “birther” issue, time better spent, he says, on issues confronting the country. Former Bush administration political adviser Karl Rove says the Obama administration has attempted to use the “birther” controversy against Republicans: “The president himself has hoped Republicans would continue to talk about it, thereby damaging their own credibility. It was a useful diversion (see April 27, 2011). But take a look at recent polls. The problem was the view was taking hold among independents. He got worried it was about to spin out of control” (see April 27, 2011). Rove says Obama was attempting to “play rope-a-dope with Republicans,” a charge Pfeiffer denies (see April 28, 2011). “Up until a month ago, nobody really asked for the long form. It was fringe. It was a settled issue for 99 percent of the country.” Former Bush press secretary Ari Fleischer says: “It’s a terrible problem for the body politic. People like me who have been or are in the arena have an obligation to speak out against people in both parties who push untruths” (see January 25, 2001, January 25-27, 2001, and April 18, 2001). “The political discourse is much worse now, but that’s not always to the detriment of the so-called victim. In this case, President Obama came out looking better.” Lockhart agrees, saying: “Look at the rogue’s gallery of Clinton accusers. Most of them blew themselves up.” Lockhart acknowledges that for some, the issue will never be settled (see April 27, 2011, April 27, 2011, April 27, 2011, April 27, 2011, April 28, 2011, and April 29, 2011). “They’ll probably ask for the first diaper. They’ll want to see the DNA.” [Politico, 4/28/2011]

Entity Tags: Joe Lockhart, Donald Trump, Dan Pfeiffer, Barack Obama, Ari Fleischer, Glenn Beck, Vince Foster, William Jefferson (“Bill”) Clinton, Robert Gibbs, John F. Harris, George W. Bush, Karl C. Rove, Matt Drudge, Rahm Emanuel, Rush Limbaugh, Jonathan Martin

Timeline Tags: Domestic Propaganda

The progressive news and opinion magazine Mother Jones examines what columnist Adam Weinstein calls an attempt by Fox News and conservative bloggers to besmirch President Obama by attacking his father, Barack Obama Sr. Since the “birther” controversy has been conclusively proven to be groundless, he writes (see April 27, 2011), “the anger stage has kicked in: Birtherism has given way to fear-of-a-virile-black-man-ism.” Weinstein cites a lead story on Fox Nation, the blog of Fox News, titled “‘A Slippery Character’: New Details Emerge About Obama’s Father” (see April 28, 2011). The story is a “hatchet job” based on a British tabloid report that uses a newly released Immigration and Naturalization Service (INS) file to slander and besmirch Obama Sr. The article “confirm[s] what President Obama had already stated in his memoir: His dad wasn’t the greatest of guys,” Weinstein writes. “But it’s all in how the article conveys that message: ‘With a father like this, it is little wonder President Obama did not want to release his full birth certificate.’” Weinstein says the way the Fox Nation article paints Obama Sr. “has it all: polygamy, the suggestion of illicit interracial sex, and the predatory sexual appetites of a dark-skinned African man. In fact, this theme’s got a name, or a couple of names, in popular Western culture: ‘Black beast,’ ‘black buck,’ ‘Mandingo.’ It’s the theory that black males are more animal than human, with an insatiable predilection for defiling white (read: virtuous) women.” Weinstein quotes Harvard psychiatrist Alvin Poussaint as writing in 1972: “There is little doubt that our white countrymen have been in a chronic state of paranoid fear over black male sexual power. ‘N***er’ jokes and pornographic literature abound with stories testifying to the black male’s sexual appetites and attributes. The preoccupation is evident in much white folklore.” Fox and conservative bloggers piggybacking on the story (see April 29, 2011) are attempting to say that “we, the people, elected the offspring of an unholy union between a bestial sexual predator and an innocent Kansas girl… a union that’s proven by the existence of the birth certificate!” [Mother Jones, 4/29/2011]

Entity Tags: Mother Jones, Adam Weinstein, Alvin Poussaint, Fox News, Barack Obama, US Immigration and Naturalization Service, Barack Obama, Sr, Fox Nation

Timeline Tags: Domestic Propaganda

A joke image displayed during President Obama’s address at the White House Correspondents Dinner, envisioning what the White House might look like if Donald Trump were to become president. The subheading on the photo reads ‘Hotel - Casino - Golf Course - Presidential Suite.’ A joke image displayed during President Obama’s address at the White House Correspondents Dinner, envisioning what the White House might look like if Donald Trump were to become president. The subheading on the photo reads ‘Hotel - Casino - Golf Course - Presidential Suite.’ [Source: C-SPAN]The annual White House Correspondents Dinner is the scene of a “roast” of birther advocate Donald Trump, who has for months called President Obama’s US citizenship into question, by Obama. The dinner is traditionally a venue where politicians, journalists, and pundits have fun at one another’s expense. [Daily Beast, 5/1/2011] After the dinner, the New York Times reports that Obama “zings” Trump during his presentation. [New York Times, 4/30/2011]
Obama Zings Trump, 'Birther' Controversy - Obama begins his presentation by noting that he has recently released the “long form” version of his birth certificate (see April 27, 2011), which has quieted some (but not all) critics. Obama presents what he calls his “official birth video” to “put all doubts to rest,” and shows a clip from the Disney animated film The Lion King depicting the triumphant birth of the lion Simba. He then says, to repeated bursts of laughter: “I want to make clear to the Fox News table: That was a joke. That was not my real birth video. That was a children’s cartoon. Call Disney if you don’t believe me. They have the original long-form version.” He mentions US Representative Michele Bachmann (R-MN), another “birther” (see April 20, 2011) who is “thinking about running for president, which is weird because I hear she was born in Canada.” After the laughter subsides, he says: “Yes, Michele, this is how it starts. Just letting you know.” [White House, 5/1/2011; Daily Beast, 5/1/2011] (Bachmann, as Obama and others in the room are well aware, was born in Iowa.) [Des Moines Register, 10/20/2009] Obama then turns his attention to Trump, who like Bachmann is in attendance. “Now, I know that he’s taken some flak lately,” Obama says, “but no one is happier, no one is prouder to put this birth certificate matter to rest than the Donald. And that’s because he can finally get back to focusing on the issues that matter—like, did we fake the moon landing? What really happened in Roswell? And where are Biggie and Tupac?” Obama is referring to a triad of popular conspiracy theories that assert the various Apollo moon landings were faked in California sound studios; Roswell, New Mexico, was the site of an alien landing in the 1950s; and rap stars “Biggie” Smalls and Tupac Shakur were not murdered, but are alive and in hiding. Obama continues to address Trump, citing the NBC show Celebrity Apprentice, which Trump hosts: “But all kidding aside, obviously, we all know about your credentials and breadth of experience. For example—no, seriously, just recently, in an episode of ‘Celebrity Apprentice’—at the steakhouse, the men’s cooking team cooking did not impress the judges from Omaha Steaks. And there was a lot of blame to go around. But you, Mr. Trump, recognized that the real problem was a lack of leadership. And so ultimately, you didn’t blame Lil’ Jon or Meatloaf [two celebrity contestants on the show]. You fired [contestant] Gary Busey. And these are the kind of decisions that would keep me up at night. Well handled, sir. Well handled.” The audience roars with laughter, while Trump attempts to smile, but glowers and looks uncomfortable. Obama finishes his joshing at Trump’s expense with displaying an image of what the White House might look like if Trump were to become president, drawing a huge round of laughter. He concludes the lighter portion of his presentation by showing a video of him being forced to give speeches without a teleprompter, which includes a number of presidential “bloopers” from earlier speeches.
Praises Soldiers, Storm Survivors, Journalists - Obama closes his presentation on a serious note, lauding the American servicemen and servicewomen “who are serving in uniform overseas in the most extraordinary of circumstances,” noting the terrible devastation suffered by people in Alabama and other Southern states who were hit by multiple tornadoes and powerful storms, and praising the journalists who cover such difficult stories: “You know, in the last months, we’ve seen journalists threatened, arrested, beaten, attacked, and in some cases even killed simply for doing their best to bring us the story, to give people a voice, and to hold leaders accountable. And through it all, we’ve seen daring men and women risk their lives for the simple idea that no one should be silenced, and everyone deserves to know the truth. That’s what you do. At your best that’s what journalism is. That’s the principle that you uphold. It is always important, but it’s especially important in times of challenge, like the moment that America and the world is facing now. So I thank you for your service and the contributions that you make. And I want to close by recognizing not only your service, but also to remember those that have been lost as a consequence of the extraordinary reporting that they’ve done over recent weeks. They help, too, to defend our freedoms and allow democracy to flourish. God bless you, and may God bless the United States of America.” [New York Times, 4/30/2011; White House, 5/1/2011; Daily Beast, 5/1/2011] The other featured presenter is Saturday Night Live head writer Seth Meyers, who spends some time mocking Obama, other White House members, and some of the journalists in attendance, but spends most of his time making fun of Trump. “Donald Trump has been saying that he’ll run for president as a Republican—which is surprising, since I just assumed he was running as a joke,” he opens, drawing a wave of laughter. One of his most popular laugh lines is: “Donald Trump said recently he has ‘a great relationship with the blacks’ (see April 14-15, 2011. But unless the Blacks are a family of white people, I bet he’s mistaken.” Even Obama dissolves in laughter at this line. [Daily Beast, 5/1/2011; Daily Beast, 5/1/2011] By the time the presentation is over, Trump is, in the words of the New York Times, sitting “grimly unsmiling” and “grimacing” through the mockery. Trump is so visibly upset that the others at his table stop smiling and laughing; a reporter from New York magazine, citing guests sitting near Trump’s table, writes that his “mood shifted from playing along to unvarnished anger.” [New York Times, 4/30/2011; TPM Muckraker, 5/1/2011]
Former Democratic Governor: Trump's 'Bubble Has Burst' - Veteran correspondent Lloyd Grove, writing for the online news outlet The Daily Beast, writes that Obama, “in a manner of speaking, deftly slit [Trump’s] throat, cut out his entrails, set him ablaze, and scraped what was left off the presidential shoe.” Before Obama’s presentation, Trump seemed to be enjoying himself at the dinner, “[b]ut after Obama finished with him—and the evening’s paid entertainer, [Meyers], stomped on the remains—a scowling Trump and his frowning model-wife bolted out of their chairs in the basement ballroom, pushed their way toward the exit with their security team, and disappeared into the cruel Washington night.” CNN host and former Governor Eliot Spitzer (D-NY) says, apparently referring to Trump’s presidential aspirations: “That was very serious. I think that bubble has burst.” [Daily Beast, 5/1/2011] Trump says of Obama’s presentation, “It was very good,” but calls Meyers “a stutterer.” [TPM Muckraker, 5/1/2011]

Entity Tags: Eliot Spitzer, Donald Trump, Michele Bachmann, Lloyd Grove, Seth Meyers, New York Times, Barack Obama

Timeline Tags: Domestic Propaganda

The Missouri House of Representatives passes a bill requiring anyone who wishes to run for president in Missouri to provide evidence of his or her citizenship. The bill reads in part, “When certifying presidential and vice presidential nominees and requesting that such nominees be placed on the ballot, the state committees of each political party shall provide verifiable evidence of identity and proof of natural born citizenship.” The bill does not require “long form” certificates; apparently, the birth certificate provided by President Obama in 2008 (see June 13, 2008) would satisfy the requirements of the bill. The sponsor of the bill, House Republican Lyle Rowland, has denied being a “birther,” telling a reporter: “You know when I first started, reporters and other people were getting after me because I did this because of President Obama. And as I told all the other reporters, it’s not about President Obama. I believe the man is president of the United States and has met the qualifications for the presidency.” Rowland told another reporter: “We have problems with illegal immigrants. And if something were to happen where one of them became popular with the people, we need documents proving if they are a citizen.” The bill, part of a larger package that includes a restrictive voter identification requirement, still must pass the Missouri Senate and be signed into law by Governor Jay Nixon (R-MO); observers believe its chance of passage is slim. [Mother Jones, 5/5/2010; Politico, 4/26/2011]

Entity Tags: Jay Nixon, Lyle Rowland, Missouri House of Representatives, Barack Obama

Timeline Tags: Civil Liberties, 2012 Elections

The Center for Responsive Politics (CRP), a nonpartisan campaign finance watchdog organization, finds that independent organizations supporting Republicans and Democrats are spending unprecedented amounts of money on supporting, or more often attacking, candidates for office. The huge rise in spending comes as a direct result of the Citizens United decision that allowed corporations and labor unions to spend unlimited amounts of money on campaign donations (see January 21, 2010). While organizations are spending huge amounts of money on both sides of the political divide, spending for conservative candidates outweighs spending on liberal candidates by an 8-1 margin. CRP’s analysis finds that the increased spending helped Republicans retake the US House of Representatives in 2010, and is having a long-term effect on the nation’s campaign and election systems. [Center for Responsive Politics, 5/5/2011; Think Progress, 5/6/2011]
Most Democratic Spending Comes from Unions - Labor unions gave over $17.3 million in independent expenditures opposing Republican candidates. The union contributing the most: the American Federation of State County and Municipal Employees (AFSCME), with over $7 million. The National Education Association (NEA) formed a “super PAC” (see March 26, 2010) that spent $3.3 million on election activities. Super PACs must disclose their donors and the amounts donated (see 2000 - 2005), but an array of groups under the 501(c) tax laws do not have to disclose that information (see September 28, 2010).
Corporations Spend Lavishly for Republicans - While corporations donated some money to Democratic causes, most of their money went to Republicans. Corporations gave over $15 million to super PACs such as American Crossroads, which supports an array of conservative candidates. CRP notes that conservative groups that do not have to disclose their donors spent $121 million, and corporations and wealthy individuals were the likely sources of almost all of that money.
Secret Donations on the Rise - In the 2006 elections, the percentage of spending from groups that do not disclose their donors was 1 percent. In 2010, it was 47 percent. “Nonprofit” organizations that can legally hide their donors and donations increased their spending from zero percent in 2006 to 42 percent in 2010. For the first time in over 20 years, outside interest groups outspent party committees, by $105 million. The amount of independent expenditure and electioneering communication spending by outside groups has gone up 400 percent since 2006. And 72 percent of political advertising spending by outside groups in 2010 came from sources that were prohibited from spending money in 2006. [Center for Responsive Politics, 5/5/2011]

Entity Tags: American Crossroads, American Federation of State County and Municipal Employees, US House of Representatives, National Education Association, Center for Responsive Politics

Timeline Tags: Civil Liberties

Former Army Lieutenant Colonel Terry Lakin is discharged from military prison after serving five months of a six-month term for refusing to obey deployment orders. Lakin refused to be deployed in April 2010 because, he said at the time, President Obama was not a true American citizen and therefore could not give him or any other member of the military any orders to deploy (see Before April 13, 2010). Lakin was court-martialed, dishonorably discharged, and sentenced to prison at Fort Leavenworth, Kansas (see December 16, 2010). He pled guilty after a military court refused to allow what he and the “birther” organization that supported him, the American Patriot Foundation, called “evidence” of Obama’s lack of US citizenship (see September 2, 2010). [Associated Press, 5/13/2011] Some “birthers” continue to use Lakin’s case to advance their cause. One “birther” blog devoted to advocating the anti-gay “Defense of Marriage Act” writes: “Lieutenant Terry Lakin was sentenced as a result of a judicial meltdown in our courts transpiring and sweeping across America, as Mr. Lakin was not allowed the right to justly defend himself. He was denied the opportunity to call forth witnesses or to submit crucial evidence to the court involving our Head-in-Chief.” [DOMA News, 5/15/2011] A commenter on the Free Republic blog writes: “When did overlooking and ignoring fraud, deceit, identity theft, forgery, and corruption in the chain of command become part of the military code of honor? Is this how our very highest military officers fulfill their responsibilities to the brave men and women serving under them and to their oath to defend the Constitution. [sic] Do they feel shame when accepting the salutes of our dedicated and honorable troops? Are our highest military [sic] the least bit suspicious that Obama sits in the White House because of forgery, deceit, fraud, and identity theft? Where is the evidence that they peacefully and lawfully sought certifiable clarification of Obama’s status from Congress, the courts, and/or Obama himself?” [Free Republic (.com), 5/12/2011]

Entity Tags: Free Republic, US Department of the Army, Barack Obama, American Patriot Foundation, Terrence Lee (“Terry”) Lakin, DOMA News (.com)

Timeline Tags: US Military, Domestic Propaganda

Lawyer James Bopp Jr. forms a super PAC, Republican Super PAC Inc., in order to make unlimited financial contributions towards “independent” expenditures in support of Republican candidates in the November 2012 elections. Bopp is joined by Roger Villere, the chairman of the Louisiana Republican Party. Bopp is known for arguing high-profile cases against abortion rights (see November 1980 and After and Mid-2004 and After) and campaign finance regulations (see December 10, 2003 and Mid-2004 and After). He was the lawyer who first worked with the lobbying and advocacy group Citizens United, whose lawsuit gave the Supreme Court the opportunity to greatly deregulate campaign finance law (see January 10-16, 2008, March 24, 2008, and January 21, 2010). According to an email from Bopp and Villere, the Republican Super PAC will coordinate with other independent groups “to bridge gaps in the independent campaigns supporting Republican candidates.… The best way to neutralize President Obama’s unprecedented $1 billion political war chest and the political spending by labor unions and wealthy Democrats is to build a super fund-raising infrastructure for independent expenditure spending.” [New York Times, 5/16/2011] The majority of the money raised and spent on behalf of candidates by super PACs has gone to support Republicans, and not President Obama or Democratic candidates (see January 21-22, 2010, March 26, 2010, August 2, 2010, September 13-16, 2010, September 21 - November 1, 2010, September 28, 2010, October 2010, Around October 27, 2010, November 1, 2010, (May 4, 2011), and May 5, 2011).

Entity Tags: Roger Villere, James Bopp, Jr, US Supreme Court, Republican Super PAC Inc, Barack Obama

Timeline Tags: Civil Liberties

Four of Fox News’s presumptive presidential candidates. Clockwise from upper left: Sarah Palin, Newt Gingrich, Rick Santorum, and Mike Huckabee.Four of Fox News’s presumptive presidential candidates. Clockwise from upper left: Sarah Palin, Newt Gingrich, Rick Santorum, and Mike Huckabee. [Source: Huffington Post]New York Magazine reporter Gabriel Sherman profiles Fox News chairman Roger Ailes (see October 7, 1996), who also serves as a Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988). According to close friends and advisers to Ailes interviewed by Sherman, Ailes wants far more than the continued ratings and advertiser success of Fox News—he wants the network to steer one of its own into the White House in 2012 (see October 2008). He is tremendously influential; a Republican strategist tells Sherman: “You can’t run for the Republican nomination without talking to Roger. Every single candidate has consulted with Roger.”
Letdown? - Ailes has been keenly disappointed in the results of his network’s official and unofficial candidates so far. Former Alaska governor and Fox commentator Sarah Palin (see September 15-16, 2010), who has not yet announced her candidacy for the Republican presidential nomination, is polling at around 12 percent among Republican voters. Official presidential candidates Newt Gingrich, the former speaker of the House, and Rick Santorum, a former senator, who both are commentators for Fox, have even lower numbers, at 10 percent and 2 percent respectively. Ailes has asked Governor Chris Christie (R-NJ), who is not a Fox employee, to run; until recently, Fox News was enthusiastically promoting the putative presidential run of billionaire “birther” Donald Trump (see March 17, 2011). Ailes has envisioned General David Petraeus as a potential candidate, but Petraeus has instead accepted the post of CIA director. “He thinks things are going in a bad direction,” says a Republican close to Ailes. “Roger is worried about the future of the country. He thinks the election of [President] Obama is a disaster.” None of the current crop of candidates meets Ailes’s expectations. Ailes is particularly disappointed in Palin; according to the same Republican, Ailes considers her “an idiot”: “He thinks she’s stupid. He helped boost her up. People like Sarah Palin haven’t elevated the conservative movement.” After Democratic Representative Gabrielle Giffords was shot in January 2011, and other media outlets focused on Palin’s use of gunsight graphics to “target” Giffords and other vulnerable Democrats in the 2010 election (see March 24, 2010), according to Sherman, “Ailes recognized that a Fox brand defined by Palin could be politically vulnerable.” After the Giffords shooting, Ailes told an interviewer, “I told all of our guys, ‘Shut up, tone it down, make your argument intellectually.’” Ailes was infuriated when Palin refused his advice to remain quiet until after the memorial service, and accused her critics of committing “blood libel,” a phrase often seen as anti-Semitic. The problem with Palin was further exacerbated when she argued about the amount of work Fox expects her to do: she does not want to host special broadcasts or other tasks the network expects of her. In March 2011, Fox suspended the contracts of Gingrich and Santorum so they could run their campaigns without legal or ethical entanglements. Shortly thereafter, Huckabee chose to remain at Fox and abandon his plans for a primary challenge. The network is still waiting for Palin’s decision whether to run for president.
Creation of the Tea Party - While Ailes and Fox News did not directly create the “tea party” “grassroots” movement, Ailes was involved in its creation and promotion from its outset (see February 19, 2009, February 27, 2009, and April 15, 2009). Ailes has always been somewhat leery of having Fox News too closely associated with the burgeoning movement (see March 13, 2009 and After, March 23-24, 2009, April 2, 2009, April 6-7, 2009, April 6-13, 2009, April 8, 2009, April 13-15, 2009, April 15, 2009, April 15, 2009, April 16, 2009, May 13-14, 2009, July 28, 2009, August 3, 2009, August 28, 2009, September 12, 2009, and September 12, 2010), and at one point banned Fox News host Sean Hannity from hosting a tea party rally. However, according to Sal Russo, a former Reagan aide and the founder of the national Tea Party Express tour, “There would not have been a tea party without Fox.” Fox News has promoted a number of successful “tea party” candidates (see May 14, 2008 - February 2010), including former host John Kasich (see March 27, 2008 - June 1, 2009 and After), who won the Ohio gubernatorial election in 2010. Before that election, Gingrich, still a Fox News commentator at the time, said that he was confident the “tea party” would evolve into “the militant wing of the Republican Party” (see April 21, 2010). Ailes used some of the same “astroturf” tactics (see February 27, 2009 and April 14, 2009) in developing the “tea party” as he did when he represented tobacco companies such as R.J. Reynolds, creating phony, seemingly independent “front” groups to push the “tea party” messages in the media. [New York Magazine, 5/22/2011]

Entity Tags: John Kasich, Donald Trump, David Petraeus, Christopher J. (“Chris”) Christie, Fox News, Gabrielle Giffords, Rick Santorum, Sal Russo, Gabriel Sherman, Newt Gingrich, Sean Hannity, Sarah Palin, Roger Ailes

Timeline Tags: Domestic Propaganda, 2012 Elections

Fox Business Channel host Eric Bolling uses a racial smear to characterize President Obama’s visit to Ireland and other European countries. Obama left for Europe shortly after a number of tornadoes caused heavy damage in parts of Missouri. On his Twitter account, Bolling says “Obama chugging 40s in IRE while tornadoes ravage MO.” He repeats the smear on his television show Follow the Money a few hours later. [Media Matters, 5/23/2011; Media Matters, 5/24/2011; Media Matters, 2/16/2012] The progressive media watchdog Web site Media Matters notes that Missouri authorities have praised the White House and the Federal Emergency Management Agency (FEMA) for their quick and effective response to the tornadoes. [Media Matters, 5/24/2011] The progressive news site Think Progress notes that Bolling’s reference to Obama “chugging 40s” is inaccurate and racially motivated. Obama was photographed drinking Guiness from a glass in an Irish pub. More importantly, Bolling’s reference is to malt liquor, usually sold in the US in 40-ounce bottles or cans. Think Progress reporter Alex Seitz-Wald writes: “Throughout the late 80s and 90s, 40 oz malt liquor was rolled out with ‘aggressive marketing campaigns aimed at minority drinkers,’ which often portrayed black actors and rappers in stereotypical or exploitative fashions. There is a fairly large body of academic literature exploring the relationship between malt liquor and African Americans.… Hip hop culture has appropriated malt liquor, with numerous songs with ‘40 oz’ in the title. ‘Rap artists have been popular images in malt liquor advertising and ‘gangsta’ rap performers portray malt liquor as a sign of masculinity,’” according to a 2005 study. Bolling is apparently trying to associate Obama with African-American street gang and rap culture. He is also apparently trying to portray Obama as having a drinking problem, a characterization with no evidence to back it. [Think Progress, 5/24/2011] After facing a barrage of criticism over his racially inflammatory remarks, Bolling attempts to clarify his remarks, saying he intended no racial connotations and merely attempted to imply that Obama is a drunkard. “I took some heat for saying Obama should have delayed his bar crawl, or whatever he’s doing over there,” he tells a Fox Business Channel audience. Media Matters observes: “That, of course, is not what he said. And Bolling did not explain why he thinks it’s OK to call Obama a binge drinker.” [Media Matters, 5/24/2011; Media Matters, 5/25/2011]

Entity Tags: Eric Bolling, Media Matters, Alex Seitz-Wald, Think Progress (.org), Fox Business Channel, Barack Obama

Timeline Tags: Domestic Propaganda

US District Judge James Cacheris throws out one count of the indictment against two men accused of illegally reimbursing donors to Democratic Senator Hillary Clinton’s Senate and presidential campaigns. In the ruling, Cacheris holds that the campaign finance law banning corporations from making contributions to federal candidates is unconstitutional. Cacheris rules that under the 2010 Citizens United Supreme Court ruling (see January 21, 2010), corporations have the same right as people to contribute to campaigns. No one has attempted to extend the Citizens United ruling to apply directly to campaign contributions by corporations. Previously, the law has been interpreted to apply only to independent corporate expenditures. In his ruling, Cacheris notes that only one other court has addressed the issue, with a Minnesota federal judge ruling that a state ban on corporate contributions is legal. Cacheris writes: “[F]or better or worse, Citizens United held that there is no distinction between an individual and a corporation with respect to political speech. Thus, if an individual can make direct contributions within [the law’s] limits, a corporation cannot be banned from doing the same thing.… That logic is inescapable here.” In court filings, prosecutors defending campaign finance law in the Virginia case said that overturning the ban on corporate contributions would ignore a century of legal precedent. Prosecutor Mark Lytle wrote: “Defendants would have the court throw out a century of jurisprudence upholding the ban on corporate political contributions, by equating expenditures—which the Court struck down in Citizens United—with contributions. This is, however, equating apples and oranges.” The case, United States v. Danielczyk, concerns accusations that William P. Danielczyk Jr. and Eugene R. Biagi helped funnel a corporate contribution to Clinton’s presidential campaign. The two men allegedly reimbursed $30,200 to eight contributors who gave to Clinton’s 2006 Senate campaign, and reimbursed $156,400 to 35 contributors to her 2008 presidential campaign. Clinton is not named as a defendant in the case. [Associated Press, 5/27/2011; New York Times, 5/27/2011]
Strongly Mixed Reactions - Biaigi’s lawyer Todd Richman says after the ruling: “Corporate political speech can now be regulated, only to the same extent as the speech of individuals or other speakers. That is because Citizens United establishes that there can be no distinction between corporate and other speakers in the regulation of political speech.” Sean Parnell of the Center for Competitive Politics, a group opposing campaign-finance regulations, says, “This was definitely something that is almost incidental in terms of the case it was decided in.” Fred Wertheimer of Democracy 21, a group supporting stricter campaign finance laws, says Cacheris went beyond his purview as a federal judge and ignored laws and Supreme Court rulings before the Citizens United decision that were not impacted (see February 7, 1972, April 26, 1978, and March 27, 2002). Had the Supreme Court wanted to overturn the ban on direct corporate campaign contributions, Wertheimer says, it could have done so in the Citizens United decision. Wertheimer says Cacheris’s ruling should be appealed and overturned. Law professor Daniel Ortiz says the ruling “pushes the outer limits of the Citizens United logic,” and will probably be overturned in a higher court. The Citizens United case differentiates between independent expenditures by corporations that are not coordinating with a candidate’s campaign, and direct campaign contributions. [Associated Press, 5/27/2011; New York Times, 5/27/2011] Ian Millhiser of the liberal news Web site Think Progress writes: “If today’s decision is upheld on appeal, it could be the end of any meaningful restrictions on campaign finance—including limits on the amount of money wealthy individuals and corporations can give to a candidate. In most states, all that is necessary to form a new corporation is to file the right paperwork in the appropriate government office. Moreover, nothing prevents one corporation from owning another corporation. Thus, under Cacheris’s decision, a cap on overall contributions becomes meaningless, because corporate donors can simply create a series of shell corporations for the purpose of evading such caps.” [Think Progress, 5/27/2011] Conservative legal scholar Eugene Volokh writes on his blog that he believes the Cacheris decision is in error. He believes the ban on corporate contributions to be legal and appropriate, though unlike Millhiser, he also supports the Citizens United decision. He cites the Supreme Court’s Buckley v. Valeo decision (see January 30, 1976) as limiting the means by which corporations can donate to political campaigns. He echoes Millhiser’s concerns about “shell corporations,” writing: “[T]he problem with corporate contributions is that they provide an avenue for evading individual contribution limits; if I want to donate $25,000 to a candidate instead of the $2,500 limit, I could set up nine corporations, and then donate myself and also have those corporations make similar donations. Few people would do that, but some people who want to be big political players might. Nor can this easily be dismissed as a supposed ‘sham’ and be thus distinguished from ‘legitimate’ corporate contributions.” The ban on direct corporate contributions does not stop individuals from donating directly to campaigns, Volokh writes, and thusly does not encroach on freedom of speech. [Eugene Volokh, 5/27/2011] Law professor Richard Hasen also believes the decision will be overturned or reconsidered, citing the Supreme Court’s ban on direct corporate spending in Federal Election Commission v. Beaumont (see June 16, 2003), a ruling that other courts have held was not overturned by the Citizens United decision. Neither the prosecution nor the defense referred to the Beaumont decision in their arguments. [Rick Hasen, 5/31/2011] “If this case stood, it would mean the end of campaign contribution limits for everyone, because it would be so easy to get around the law through a straw or sham corporation,” Hasen says. [New York Times, 5/27/2011]
Reconsideration - Four days later, Cacheris will ask for briefs from both sides in the case about the issues raised in his decision, indicating that he may well find that the Beaumont decision means that the ban on direct corporate contributions will remain in effect. [Rick Hasen, 5/31/2011] Cacheris will not reconsider his decision. [New York Times, 6/7/2011; Think Progress, 6/8/2011]
Appeals Court Overturns Decision - A day after Cacheris refuses to reconsider his decision, an appeals court will overrule his decision. [Think Progress, 6/9/2011; United States Court Of Appeals for the Ninth Circuit, 6/9/2011 pdf file] In June 2012, a federal appeals court will find that the Citizens United ban does not apply to direct corporate contributions. Appellate Judge Royce Gregory will write, “Leaping to this conclusion ignores the well-established principle that independent expenditures and direct contributions are subject to different government interests.” [Thomson Reuters, 6/28/2012]

Entity Tags: Eugene R. Biagi, Eugene Volokh, Fred Wertheimer, Daniel Ortiz, William P. Danielczyk, Jr, Ian Millhiser, Sean Parnell, James Cacheris, Todd Richman, Richard L. Hasen, Mark Lytle, Royce Gregory, Hillary Clinton

Timeline Tags: Civil Liberties

Former Republican Senator Rick Santorum (R-PA), joining the race to contend for the Republican presidential nomination, tells an audience at the Faith and Freedom Conference in Washington that America was a much better place before 1965, when the Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989) was enacted and the “welfare state” began. “Social conservatives understand that America was a great country because it was founded great,” Santorum says. “Our founders, calling upon in the Declaration of Independence, the supreme judge, calling upon divine providence, said what was at the heart of American exceptionalism.… ‘We hold these truths to be self-evident, that all men are created equal and endowed by our creator with certain inalienable rights.‘… Ladies and gentlemen, America was a great country before 1965.” Reporter David Love notes that in 1965, institutionalized racism was still the law in many areas of the country. Police brutalized voting rights protesters and civil rights workers were murdered without legal repercussions. The civil rights legislation enacted during this time began the variety of federal “safety net” programs such as food stamps, aid for mothers and their children, disabled citizens, and others, and also began stamping out institutionalized, legal racism. Medicare and Medicaid were enacted under the Social Security Act of 1965. The 1965 Omnibus Housing Act provided funds for building housing for indigent Americans, including many African-Americans. The federal government began funding public schools in 1965. And two years later, the courts used 1965 legislation to overturn laws against miscegenation—interracial marriage. Love concludes: “So the question remains, was America better before 1965? Well, it depends on your point of view. If you are a conservative who views the Great Society legacy as a big government intrusion into the lives of people, then the answer is yes. If you think government has no business protecting civil rights, funding schools and feeding hungry children, increasing economic opportunity, and promoting the arts, your answer will undoubtedly be yes. However, if you are an African-American who enjoys exercising the right to vote, or a senior who doesn’t want anyone touching your Medicare, or someone who believes the federal government has a role to play in fighting poverty, chances are you have a different view of things.” [The Grio, 6/7/2011]

Entity Tags: Rick Santorum, David A. Love, Omnibus Housing Act of 1965, Social Security Act of 1965, Voting Rights Act of 1965

Timeline Tags: Domestic Propaganda, 2012 Elections

Gabon President Ali Bongo (L) and US President Barack Obama labeled as ‘hoods’ by Fox Business Channel.Gabon President Ali Bongo (L) and US President Barack Obama labeled as ‘hoods’ by Fox Business Channel. [Source: Media Matters]Fox Business Channel host Eric Bolling uses a number of racially charged characterizations in his report on a visit by an African head of state to the White House. Bolling, hosting a segment on President Ali Bongo of Gabon’s visit with President Obama, titles the segment “Hoods in the House,” and puts the title on screen under footage of Obama sitting with Bongo in a White House meeting room. Bolling introduces the segment by saying: “Guess who’s coming to dinner? A dictator. Mr. Obama shares a laugh with one of Africa’s kleptocrats. It’s not the first time he’s had a hoodlum in the hizzouse.” Apparently Bolling is calling both Obama and Bongo “hoods,” slang often used for African-American street criminals. “Hizzouse,” a term Bolling uses for the White House, is slang for a crack house or a house used by African-American street gangs. Bolling begins the segment by saying: “So what’s with all the hoods in the hizzy? A month after the White House hosted the rapper Common, who glorifies violence on cops, the president opened his doors to one of Africa’s most evil dictators. Here’s Ali Bongo, the Gabonese president, who’s been accused of human rights violations and plundering billions of his country’s dollars.” When Bolling says that Obama has previously hosted “a hoodlum in the hizzouse,” he shows footage of Common. Progressive media watchdog Web site Media Matters will explain that Fox News viewers may recognize Common as the target of a recent smear by Fox News and other conservative media outlets, which marked the instance of his visit to the White House by falsely accusing him of being a “cop killer rapper.” Later in the segment, Bolling says of Bongo: “Smile for the birdie. Our president’s sitting with one of Africa’s most wanted. It’s not the first time he’s had a hood in the big crib.” “Big crib” is more slang for houses used by street gangs. When Bolling says “Smile for the birdie,” he shows an image of Bongo with a lighting effect—a flashing tooth, an apparent reference to some African-American rappers’ preference for gold inserts in their teeth. Media Matters notes, “For the record, it is true that Gabon and Bongo have a troubling human rights record, and Obama pressured Bongo on the issue during their meeting.” During the segment, Bolling’s guest, Human Events editor Jason Mattera, says that “Barack Obama likes to defecate on American allies.” And another of Bolling’s guests, Fox Business reporter Sandra Smith, accuses Obama of preferring to “entertain” America’s enemies in the White House over the nation’s allies. “Do we really have to have them in the White Hizzy?” she asks. [Media Matters, 6/11/2011; Media Matters, 2/16/2012]

Entity Tags: Jason Mattera, Ali Bongo, Barack Obama, Eric Bolling, Fox Business Channel, Media Matters, Sandra Smith, Lonnie Rashid Lynn, Jr

Timeline Tags: Domestic Propaganda

A new “super PAC” aligned with presidential candidate Mitt Romney (R-MA) is being formed by a group of Romney backers and former Romney campaign aides, according to a report by the Washington Post. Super PACs are political organizations that exist to influence elections, which take unlimited amounts of outside money from donors, including individuals, unions, and corporations, and pool that money to advocate for or against a candidate (see March 26, 2010). By law, super PACs are supposed to operate independently of a candidate’s official campaign organization.
Restore Our Future - The Romney super PAC, “Restore Our Future” (ROF), is one of a number of such organizations created in the aftermath of the US Supreme Court’s Citizens United ruling (see January 21, 2010). Restore Our Future is apparently the first super PAC to form specifically in support of one of the 2012 presidential contenders, with the sole exception of Priorities USA Action, a super PAC in support of President Obama. ROF treasurer Charles R. Spies, who served as Romney’s general counsel in his 2008 presidential effort, refuses to disclose how much the organization has raised, or who is donating. Spies merely says: “This is an independent effort focused on getting Romney elected president. We will do that by focusing on jobs and his ability to fix the economy.” A Romney campaign aide says that a Federal Election Commission (FEC) filing coming up in July will show the organization having raised some $20 million. A major Romney donor who refuses to allow his identity to be revealed says, “We just want to show that we’ve got more dough than anyone.” The Romney campaign’s communication director, Gail Gitcho, says the campaign welcomes any outside support, and points to the Obama campaign as the largest fundraiser in the race, saying, “We are pleased that independent groups will be active in fighting this entrenched power [the Obama campaign] so the country can get back to work.”
Leaders of ROF - Members of the ROF board of directors include Spies; Carl Forti, political director for Romney’s 2008 campaign; and Larry McCarthy, a member of the Romney media team in 2008. Forti is the co-founder of the Black Rock Group consulting firm and the political director of American Crossroads, a conservative super PAC expected to raise over $120 million for candidates in 2012. Neither Forti nor American Crossroads will discuss the role played by Forti in both organizations. ROF actually registered itself with the FEC in October 2010, but has remained unaffiliated and essentially dormant until recent weeks. Now ROF officials are briefing top donors about the organization’s plans and fundraising goals. Former Obama spokesman Bill Burton, the head of Priorities USA Action, says: “I’m not surprised that there’s even more money coming into this race to help Mitt Romney. He’s a pretty deeply flawed candidate; he’s going to need all the help he can get.” Dave Levinthal of the Center for Responsive Politics says of the super PACs: “The outside groups are akin to the biggest booster club you can imagine for a college football team. The club can’t give cars or gifts to the players, but they can do everything else possible to support them.… It’s a brand-new way to play politics.” [Washington Post, 6/23/2011] The Post fails to note many of the details about ROF’s senior officials. According to the Public Campaign Action Fund, Spies is not only a lawyer and a consultant, but a registered lobbyist for Clark Hill PLC, representing a chain of luxury casinos. ROF’s address as listed on its FEC filings is the same as Clark Hill’s Washington, DC, office. The Action Fund observes, referring to the Republican primary and the number of wealthy donors lined up behind each major candidate, “While [ROF] officially can’t coordinate with the Romney campaign, having lobbyists on your side is definitely a good way to boost one’s standing in the so-called ‘wealth primary.’” [Public Campaign Action Fund, 6/23/2011] The liberal news Web site Think Progress will soon note that McCarthy is a veteran advertising creator for Republican candidates, and was one of the strongest creative forces behind the infamous 1988 “Willie Horton” ad, which many considered to be extraordinarily racist (see September 21 - October 4, 1988). In 2010, McCarthy served as a media strategist for the American Future Fund, which launched attack ads attempting to link Democrats to the Park 51 community center in Manhattan, deemed by conservatives as the “Ground Zero Victory Mosque” and mischaracterized as a monument celebrating the 9/11 attacks. Those ads were decried by many as being bigoted against Muslims. McCarthy has brushed off criticism of his ads, and said the fact-checking organizations that found his ads to be flawed suffered from a pro-Democratic bias. Think Progress reporter Lee Fang will write that when he tried to find the American Future Fund office in Iowa, the address listed for the group turned out to be a UPS mailbox in a strip mall near an airport. Fang will write, “With a record of such secrecy and racist, anything-goes campaign tactics, one can expect Romney’s new outside group to be just as ugly in the presidential race.” [Politico, 10/29/2010; Think Progress, 6/27/2011]

Entity Tags: Charles R. Spies, Washington Post, Willard Mitt Romney, Carl Forti, American Future Fund, American Crossroads, 2012 Obama presidential election campaign, US Supreme Court, Bill Burton, Think Progress (.org), Public Campaign Action Fund, Larry McCarthy, Gail Gitcho, Federal Election Commission, Dave Levinthal, Lee Fang, Restore Our Future, Priorities USA Action, Mitt Romney presidential campaign (2012)

Timeline Tags: Civil Liberties, 2012 Elections

The US Supreme Court strikes down part of an Arizona law providing public funding for political campaigns. In the case of Arizona Free Enterprise Club’s Freedom PAC v. Bennett, the Court rules 5-4 that a provision in Arizona law providing additional funds to publicly funded candidates whose opponents use private donations to outspend them is illegal. Some opponents of unfettered outside spending feared that the Court would use the case to put an end to most, if not all, programs that provide public money to candidates; Think Progress’s Ian Millhiser explains: “Candidates will only agree to accept public financing if it won’t prevent them from running a competitive race. If a state offers only a few thousand dollars in public funds to a candidate whose opponent is backed by tens of millions of corporate dollars, then the non-corporate candidate will have no choice but to raise money on their own. To defend against this problem, Arizona developed a two-tiered public financing system. Candidates receive additional funds if their opponent or corporate interest groups overwhelm them with attack ads, and thus candidates who are determined not to be tainted by the corrupting influence of major donors are not left defenseless.” The ruling will not have an impact on the presidential race, since the federal public financing system lacks such a provision, and since it seems unlikely that either President Obama or his Republican challenger Mitt Romney (R-MA) will use public financing in 2012. The case was brought by two organizations, the Institute for Justice and the Goldwater Institute, on behalf of Arizona state candidates who rejected public funds. The groups argued that the provision infringed on those candidates’ freedom of speech by compelling them to spend less money to avoid triggering the additional funds.
Majority, Minority Opinions - Writing for the majority, Chief Justice John Roberts agreed: “We hold that Arizona’s matching funds scheme substantially burdens protected political speech without serving a compelling state interest and, therefore, violates the First Amendment.” The matching funds provision “imposes an unprecedented penalty on any candidate who robustly exercises [his] First Amendment right[s],” Roberts adds. If the provision is allowed to stand, “the vigorous exercise of the right to use personal funds to finance campaign speech” leads to “advantages for opponents in the competitive context of electoral politics.” The privately funded candidate, Roberts writes, must “shoulder a special and potentially significant burden” when choosing to exercise his First Amendment right to spend funds on behalf of his candidacy. Justice Elena Kagan dissents, writing that the plaintiffs “are making a novel argument: that Arizona violated their First Amendment rights by disbursing funds to other speakers even though they could have received—but chose to spurn—the same financial assistance. Some people might call that chutzpah.”
Reactions - Attorney Bill Maurer, who represented the Institute for Justice, says the ruling “makes clear that the First Amendment is not an exception to campaign finance laws; it is the rule” (see January 30, 1976 and January 21, 2010). He adds that he hopes the ruling will serve as “a clear reminder to government officials that they may not coerce speakers to limit their own speech.” Millhiser writes: “So public financing laws can technically remain, but Arizona’s attempt to protect publicly financed candidates from a wave of corporate attack ads is absolutely forbidden. Moreover, because few candidates can know in advance whether the will face an onslaught of hostile corporate ads, most candidates will hedge their bets and avoid the risk of public financing.… Without unlimited corporate money in elections, most candidates could afford to take public funds unless their opponent had unusual access to wealth or wealthy donors.” Referring to the 5-4 Citizens United decision (see January 21, 2010), Millhiser continues, “In the post-Citizens United America, however, no one is safe from corporate America’s nearly bottomless pool of potential campaign expenditures.” Nick Nyhart of Public Campaign, an organization opposed to the unrestricted influence of outside donors, says, “The five-vote Big Money majority on the court has spoken again in favor of wealthy special interests.” Fred Wertheimer of the campaign finance group Democracy 21 calls the ruling “another seriously misguided campaign finance decision,” but adds “it does not cast any doubt on the continued viability or constitutionality of a number of other existing public financing systems that do not include ‘trigger funds’ or similar provisions.” Common Cause President Bob Edgar says, “This is not the death knell of public financing.” [Politico, 6/27/2011; Think Progress, 6/27/2011]
Plaintiffs Financed by Wealthy Conservative Interests - The next day, Think Progress’s Lee Fang will reveal that the two groups who filed the lawsuit, the Institute for Justice and the Goldwater Institute, are financed by wealthy conservative interests. The Institute for Justice, a group dedicated to bringing cases to court in order to deregulate private corporations and to increase the participation of wealthy corporate interests in elections, was created with “seed money” from oil billionaire Charles Koch (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, May 6, 2006, April 15, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, and September 24, 2010). The Walton Family Foundation, a foundation run by the billionaire family of Arkansas retailer Sam Walton (the founder of Wal-Mart), has donated $1.64 million to the group. The Foundation has written that the Citizens United decision and the Arizona case are two top priorities for the Institute. The Goldwater Institute, one of Arizona’s most prominent conservative think tanks, is focused on rolling back health care reform. The Institute is funded by several foundations, including the Walton and the Charles Koch Foundations. Fang notes that much of the funding for both groups remains undisclosed. [Think Progress, 6/28/2011]

Entity Tags: Fred Wertheimer, Elena Kagan, Bob Edgar, Bill Maurer, Barack Obama, Willard Mitt Romney, Walton Family Foundation, US Supreme Court, Nick Nyhart, Institute for Justice, John G. Roberts, Jr, Ian Millhiser, Goldwater Institute, Lee Fang, Charles Koch

Timeline Tags: Civil Liberties

A mysterious company that donated $1 million to a political action committee (PAC) favoring presidential candidate Mitt Romney (R-MA) dissolves just months after its formation, leading some to speculate that its only purpose was to make political donations. The company, W Spann LLC, was formed on March 15, 2011 by Boston lawyer Cameron Casey, who specializes in estate tax planning—“wealth transfer strategies”—for “high net worth individuals,” according to corporate records and the lawyer’s biography on her firm’s Web site. Casey filed a “certificate of formation” with the Delaware Secretary of State’s office, but provided no information about the firm. The only address listed was that of a Wilmington, Delaware, registered agent service, Corporation Service Company, which provides such services for many companies. That firm refuses to discuss its clients. Spann’s address was listed as 590 Madison Avenue, New York City, a midtown Manhattan office building, but the building’s management firm, Minskoff Equities, shows no records of any such tenant. On April 28, W Spann LLC donated $1 million to Restore Our Future, a “super PAC” (see 2000 - 2005 and June 30, 2000) aligned with the Romney campaign (see June 23, 2011). Casey dissolves the company today, two weeks before Restore Our Future makes its first campaign filing of the year reporting the donation, by filing a “certificate of cancellation.” Lawrence Noble, the former general counsel of the Federal Election Commission (FEC), says, “I don’t see how you can do this,” when asked about the donation. If the only purpose of Spann’s formation was to contribute to the pro-Romney group, “There is a real issue of it being just a subterfuge” and that could raise a “serious” legal issue, Noble says. At least, “[w]hat you have here is a roadmap for how people can hide their identities” when making political contributions. Casey will refuse to discuss the matter with the press, and her employer, the law firm Ropes & Gray, will say through a spokesman that it cannot comment. (Ropes & Gray has as a longtime client Bain Capital, the firm formerly headed by Romney. The law firm has its offices at 590 Madison.) Restore Our Future campaign treasurer Charles Spies, a former Romney campaign official, will also refuse to answer questions about Spann. He will say, “Restore Our Future has fully complied with, and will continue to comply with, all FEC disclosure requirements.” A Romney campaign official will later add, “Mitt Romney follows both the letter of the law and the spirit of the law in all circumstances.” Bain Capital spokesperson Alex Stanton says of W Spann: “Bain Capital has many employees who actively participate in civic affairs, and they individually support candidates from both parties. The firm takes no position on any candidate, and the entity in question is not affiliated with Bain Capital or any of our employees.” Critics say the Spann story shows how easily disclosure requirements are being avoided in the aftermath of the Citizens United decision (see January 21, 2010). “This is sham disclosure. It’s a barrier to disclosure,” says Michael Malbin of the Campaign Finance Institute. It is another example of how American political campaigns have gone “back to the future” and to the “pre-Watergate days” (of 1972) when Richard Nixon was raising unlimited amounts of money without disclosure, Malbin says. [MSNBC, 8/4/2011]

Entity Tags: Lawrence M. Noble, Bain Capital, Alex Stanton, Cameron Casey, Corporation Service Company, Restore Our Future, W Spann LLC, Michael Malbin, Minskoff Equities, Charles R. Spies, Ropes & Gray, Willard Mitt Romney

Timeline Tags: Civil Liberties, 2012 Elections

On a 259-169 vote, the US House of Representatives passes an amendment that would “prohibit the use of funds to implement any rule, regulation, or executive order regarding the disclosure of political contributions.” The amendment to an unrelated bill was introduced by Representative Rodney Frelinghuysen (R-NJ) on June 24, 2011. The amendment is aimed at preventing the Obama administration from implementing any policy or executive order that would force disclosure on the anonymous corporate donors that have spent tens of millions of dollars influencing elections since the Citizens United ruling (see January 21, 2010). Eighteen Democrats join almost every Republican in voting for the amendment. Ian Millhiser of the liberal news Web site Think Progress speculates that many of those voting for the amendment were influenced by a huge corporate public relations and lobbying effort against campaign finance. After the media revealed that the Obama administration was considering issuing an executive order that would force government contractors to disclose their campaign donations (see April 20, 2011 and May 26, 2011), as Millhiser writes, “industry groups responded by ginning up paranoid fantasies claiming that the administration would use these disclosures to create a ‘pay to play’ scenario where only contractors who donate to Democratic causes could receive contracts.” Recent history, however, indicates that mandated disclosure would bring about the opposite effect, Millhiser writes. He recalls the 2008 resignation of Housing and Urban Development Secretary Alphonso Jackson, who was implicated in a huge scandal involving his office’s illegal contracting practices, wherein President Bush’s political opponents were denied government contracts while “personal cronies” were awarded contracts. “Had a disclosure rule been in effect,” Millhiser writes, “it would have been possible to compare the donation patterns of all government contractors against who was awarding them contracts, and systematically uncover examples of political corruption. Transparency is the enemy of corruption—not the means to implement it.” [Washington Post, 5/15/2011; US House of Representatives, 7/15/2011; Think Progress, 7/18/2011]

Entity Tags: US House of Representatives, Ian Millhiser, Obama administration, Rodney Frelinghuysen

Timeline Tags: Civil Liberties

Law professor John Yoo, who during his tenure at the Justice Department wrote memos defending torture and the right of the executive branch to conduct its business in secret (see March 1996, September 25, 2001, September 25, 2001, October 4, 2001, October 23, 2001, October 23, 2001, November 2, 2001, November 5, 2001, and November 6-10, 2001), co-authors an article for the far-right American Enterprise Institute that attacks the Obama administration for considering the idea of an executive order to require government contractors to disclose their political contributions (see April 20, 2011 and May 26, 2011). The article, by Yoo and lawyer David W. Marston, is entitled “Overruling Citizens United with Chicago-Style Politics,” a reference to some of the unsavory and often-illegal political machinations undertaken by Chicago Democrats. The article repeatedly compares the Obama administration to the Nixon administration’s attempts to “use the available federal machinery to screw [their] political enemies,” as Yoo and Marston quote from a 1971 Nixon White House memo. Yoo and Marston say that the Obama administration, in an effort to recoup its losses from the Citizens United decision (see January 21, 2010]), “is making an unprecedented assault on free speech” by considering the executive order and by pushing the DISCLOSE Act (see July 26-27, 2010). (Yoo and Marston claim that the DISCLOSE Act, if passed into law, “would have forced all those doing business with the government to give up their ability to participate in the political process, as is their right under the First Amendment, aside from just voting on Election Day.”) They write: “Under the guise of ‘transparency’ and ‘accountability,’ the order curtails constitutionally protected speech rights and opens the door for retaliation against those not supporting the administration politically,” and go on to observe that in their opinion, this “assault on free speech” (see January 21, 2010 and January 22, 2010) is being joined by “the media [and] defenders of free speech.” Yoo and Marston claim that the Founding Fathers intended for corporations and other entities to be able to involve themselves in politics entirely anonymously, citing the example of Alexander Hamilton, John Jay, and James Madison publishing the Federalist Papers under the nom de plume “Publius.” Indeed, Yoo and Marston write, “disclosure of political contributions may be a prelude to the thuggish suppression of political speech by harassment and intimidation,” and they cite the instances of boycotts, vandalism, and death threats against people in California who donated money in support of Proposition 8, which declared gay marriage illegal. “Mandated disclosure of financial support for a political viewpoint can become the springboard for lawless retaliation against citizens for holding unpopular views,” the authors write. “Disclosure” and “transparency,” the “wonder drugs du jour,” are already “being used to silence core First Amendment speech rights and to threaten America’s long protection of anonymous political speech,” they contend, and claim that “thugs” are attempting to use violence and intimidation to nullify the Citizens United decision, force the issuance of the Obama executive order, and push the Federal Election Commission (FEC) to expand disclosure requirements. Only allowing financial donors to remain secret, the authors say, protects their rights to free speech and political involvement. “[D]isclosure invites retaliation,” they argue; only secrecy can protect free speech. The authors even cite a case brought on behalf of the NAACP, in which the organization was allowed to keep its membership lists secret for fear of attacks on its members or their families by white supremacists. [American Enterprise Institute, 7/20/2011] Ian Millhiser, a legal expert for the liberal news Web site Think Progress, angrily rebuts Yoo and Marston’s claims. Millhiser, referencing Yoo’s opinions issued during his stint in the Bush administration, writes, “If there is anyone in the universe who should think twice before criticizing a government lawyer for enabling a president to break the law, it is John Yoo.” He goes on to criticize Yoo’s legal thinking in the article, noting that the Citizens United ruling held that “disclosure could be justified based on a governmental interest in ‘provid[ing] the electorate with information’ about the sources of election-related spending.” Millhiser writes: “President Obama’s proposed executive order provides the electorate with information about the sources of election-related spending. So Yoo’s entire argument can be rebutted in exactly two sentences.” After rebutting other portions of Yoo and Marston’s arguments, Millhiser concludes, “Yoo’s defense of corporate America’s power to secretly buy elections is weak even by his own tragically incompetent standards.” [Think Progress, 7/22/2011]

Entity Tags: Ian Millhiser, American Enterprise Institute, DISCLOSE Act of 2010, Federal Election Commission, Nixon administration, US Department of Justice, John C. Yoo, David W. Marston, Obama administration

Timeline Tags: Civil Liberties

A dozen wealthy donors have contributed over half of the money collected by so-called “super PACs” in the first half of 2011, according to an analysis by USA Today. Super PACs are political organizations that exist to influence elections, which take unlimited amounts of outside money from donors, including individuals, unions, and corporations, and pool that money to advocate for or against a candidate (see March 26, 2010). By law, super PACs are supposed to operate independently of a candidate’s official campaign organization.
Majority of Donors Republican Contributors - The majority of those donors are contributing to Republican/conservative organizations, and overall, Republican organizations are outraising Democratic organizations by a 2-1 margin. American Crossroads, the organization formed by former Bush political advisor Karl Rove, has collected $2 million from billionaire Jerry Perenchio, another million from billionaire Robert B. Rowling, and $500,000 from Texas real estate billionaire Bob Perry. The super PAC supporting the Obama reelection campaign, Priorities USA Action, founded by former Obama spokesperson Bill Burton, has collected $2 million from Hollywood mogul Jeffrey Katzenberg, and $500,000 each from media owner Fred Eychaner and from the Service Employees International Union (SEIU). The super PAC supporting the presidential campaign of Mitt Romney (R-MA), Restore Our Future (see June 23, 2011), has received million-dollar donations from hedge fund manager John Paulson, Utah firms Eli Publishing and F8 LLC, and the shadowy W Spann LLC (see July 12, 2011). It has also received half a million each from Perry, financiers Louis Moore Bacon and Paul Edgerly, Edgerly’s wife Sandra Edgerly, New Balance Athletic Shoes executive James S. Davis, J.W. Marriott of the hotel chain Marriott International, and Richard Marriott of Host Hotels and Resorts. Meredith McGehee of the Campaign Legal Center says: “The super PACs are for the wealthy, by the wealthy, and of the wealthy. You’re setting up a dynamic where the candidates could become bit players in their own campaigns,” particularly in less-expensive races for the House of Representatives. Katzenberg says his donation to the Obama-supporting super PAC was because of the increasing dominance of “Republican extremists” in national elections: “The stakes are too high for us to simply allow the extremism of a small but well-funded right wing minority to go unchallenged.” Charles Spies, the treasurer of Restore Our Future and Romney’s former general counsel, refuses to discuss donors, but says, “Donors recognize Mitt Romney is the most experienced and qualified candidate to challenge President Obama’s record of out-of-control, big government spending.” One donation drawing scrutiny is a $193,000 donation to the presidential campaign of Governor Rick Perry (R-TX) from a group called Americans for Rick Perry. The primary funder of that group is Texas billionaire Harold Simmons, who gave $100,000 to the group 10 days after Perry signed legislation allowing Simmons’s company to accept low-level radioactive waste from other states at its West Texas facility. A Perry spokesman denies any coordination between Simmons and his campaign, and says Perry has not even decided whether to run for president. Simmons helped fund the 2004 group Swift Boat Veterans for Truth, which launched a powerful campaign that smeared then-presidential candidate John Kerry (D-MA) and his Vietnam War record. American Crossroads has reported raising $3.9 million during the first six months of 2011. Its affiliate, Crossroads GPS, has spent $19 million on anti-Democrat advertising so far. That group does not have to report its donors or the amounts it receives. [USA Today, 8/4/2011]
'Recipe for Corruption - Legal expert Ian Millhiser of the liberal news Web site Think Progress comments: “It’s tough to imagine a surer recipe for corruption. Although super PAC’s are prohibited from giving money directly to candidates—one of the few remaining campaign finance laws that wasn’t eviscerated by Citizens United and similar cases (see January 21, 2010)—it’s not like a presidential candidate isn’t perfectly capable of finding out which billionaires funded the shadowy groups that supported their campaign. Moreover, if just a handful of people are responsible for the bulk of these donations, a newly elected president will have no problem figuring out who to lavish favors on once they enter the White House.” [Think Progress, 8/4/2011]

Entity Tags: Charles R. Spies, Robert B. Rowling, Richard Marriott, Bobby Jack Perry, Sandra Edgerly, Service Employees International Union, USA Today, W Spann LLC, A. Jerrold Perenchio, American Crossroads, American Crossroads GPS, Priorities USA Action, Paul Edgerly, Restore Our Future, Bill Burton, Harold Simmons, Meredith McGehee, Fred Eychaner, Eli Publishing, F8 LLC, Ian Millhiser, Louis Moore Bacon, James S. Davis, John Paulson, Karl C. Rove, James Richard (“Rick”) Perry, Jeffrey Katzenberg, J. W. (“Bill”) Marriott

Timeline Tags: Civil Liberties

The outside of the Standard & Poor’s office complex on Wall Street.The outside of the Standard & Poor’s office complex on Wall Street. [Source: Satellite Radio Playground (.com)]The US loses its top-rank AAA credit rating from the financial services company Standard & Poor’s; the firm drops the US credit rating one notch to AA-plus. The US has never had anything but top-tier credit ratings in its financial history, and has top credit ratings from S&P since 1941. S&P makes its decision based on the huge Congressional battle over raising the US’s debt ceiling, normally a routine procedural matter that was used by Congressional Republicans, who threatened to block the ceiling raise unless they were given dramatic spending cuts by the entire Congress and the White House. (House Speaker John Boehner (R-OH) boasted that he and his Republican colleagues got “98 percent” of what they wanted in the debt ceiling deal—see August 1, 2011.) Because of the dispute, the US was hours away from an unprecedented credit default until legislation was finally signed and the default avoided. S&P also cites the government’s budget deficit and rising debt burden as reasons for the rating reduction, saying in a statement, “The downgrade reflects our opinion that the fiscal consolidation plan that Congress and the administration recently agreed to falls short of what, in our view, would be necessary to stabilize the government’s medium-term debt dynamics.” The drop in the US credit rating will result in a rise in US borrowing costs for American consumers, companies, and the government. US treasury bonds, once seen as the safest securities in the world, are now rated lower than bonds issued by countries such as Britain, France, Germany, and Canada. S&P says the outlook on the US’s credit rating is “negative,” implying another downgrade is possible in the next 12 to 18 months. A senior investment officer with a West Coast management company says such a downgrade was “once unthinkable,” and says the entire global economic system will be affected. After the fierce Congressional battle, President Obama signed legislation mandating $2.1 trillion in spending cuts over the next decade, but S&P officials had asked for $4 trillion in savings as a “down payment” for restoring the US’s financial stability. Part of S&P’s rationale for the downgrade is its assumption that Congressional Republicans will not allow tax cuts implemented by the Bush administration in 2001 and 2003 to expire as scheduled by the end of 2012. The Obama administration immediately notes that S&P’s made a $2 trillion error in calculating the US debt, an error that the firm acknowledges but says does not affect its decision to downgrade the US credit rating. A Treasury Department spokeswoman says, “A judgment flawed by a $2 trillion error speaks for itself.” [New York Times, 8/5/2011; Reuters, 8/6/2011] Credit rating agencies such as S&P have suffered tremendous damage to their credibility in recent years; a Congressional panel called the firms “essential cogs in the wheel of financial destruction” after what the New York Times calls “their wildly optimistic models [that] led them to give top-flight reviews to complex mortgage securities that later collapsed.” [New York Times, 8/5/2011]
S&P Explains Decision: 'Political Brinksmanship' - S&P explains its decision in a press release. The firm is “pessimistic about the capacity of Congress and the [Obama a]dministration to be able to leverage their agreement this week into a broader fiscal consolidation plan that stabilizes the government’s debt dynamics any time soon.” Fiscal policy decisions between Congress and the White House, the firm says, “will remain a contentious and fitful process.” The firm accuses Congressional Republicans in particular of “political brinksmanship” in threatening to allow a debt default if their conditions were not met, and says such tactics destabilize both the US and the global economy. “The statutory debt ceiling and the threat of default have become political bargaining chips in the debate over fiscal policy,” the firm says. “[T]he majority of Republicans in Congress continue to resist any measure that would raise revenues, a position we believe Congress reinforced by passing the” legislation. “The outlook on the long-term rating is negative.” [Standard and Poor's, 8/5/2011] In an email before the debt ceiling was raised, S&P’s global head of sovereign ratings wrote: “What’s changed is the political gridlock. Even now, it’s an open question as to whether or when Congress and the administration can agree on fiscal measures that will stabilize the upward trajectory of the US government debt burden.” [New York Times, 8/5/2011]
GOP Presidential Candidates, Congressional Members Blame Obama - The day after the downgrade, Republicans in Congress and on the campaign trail blame the Obama administration for the downgrade (see August 6-9, 2011).
Economist Lambasts S&P, Blames Congressional Republicans - Nobel Prize-winning economist Paul Krugman lambasts S&P and blames Congressional Republicans for the downgrade (see August 5-6, 2011).

Entity Tags: US Congress, US House of Representatives, Timothy Geithner, Paul Krugman, Obama administration, Barack Obama, John Boehner, New York Times, Standard & Poor’s, US Department of the Treasury

Timeline Tags: Global Economic Crises

The US Court of Appeals for the First Circuit issues a pair of rulings in two related cases that affirm campaign finance disclosure provisions in Maine and Rhode Island. Both cases were brought by the National Organization for Marriage (NOM), a conservative group that opposes, among other things, state and federal laws granting gays and lesbians the right to marry. The Citizens United ruling (see January 21, 2010) allows for unlimited donations from corporations and labor unions, but also upholds disclosure laws that can be “justified based on a governmental interest in ‘provid[ing] the electorate with information’ about the sources of election-related spending.” NOM’s pair of lawsuits challenged those areas of campaign finance laws in the two states, asking that NOM’s donors be allowed to remain secret. The court denies the lawsuits, writing in part: “In an age characterized by the rapid multiplication of media outlets and the rise of internet reporting, the ‘marketplace of ideas’ has become flooded with a profusion of information and political messages. Citizens rely ever more on a message’s source as a proxy for reliability and a barometer of political spin. Disclosing the identity and constituency of a speaker engaged in political speech thus ‘enables the electorate to make informed decisions and give proper weight to different speakers and messages.‘… Additionally, in the case of corporate or organizational speakers, disclosure allows shareholders and members to ‘hold them accountable for their positions.‘… In short, ‘the First Amendment protects political speech; and disclosure permits citizens and shareholders to react to that speech in a proper way.’” Unless the appellate court’s decisions are overturned, the two states’ campaign disclosure statutes will remain in effect. NOM attorney James Bopp used a number of arguments in court that legal analyst Ian Millhiser will characterize as “paranoid fantasies regarding the impact of disclosure laws,” such as the need for anti-gay groups to keep their donors secret to protect those donors from harassment and threats. Industry groups have argued that government officials intend to use disclosure laws to reward their political allies. Millhiser will observe sardonically, “Because there is nothing dirtier than requiring wealthy individuals and corporations to come out from the shadows and reveal which elections they want to buy.” Similar lawsuits against campaign disclosure laws in Florida and New York, which Millhiser will say are the product of a “coordinated campaign” against disclosure, are pending. A lower court dismissed the New York case, and that decision is in the process of being appealed. [NATIONAL ORGANIZATION FOR MARRIAGE et al v. WALTER F. MCKEE et al, 8/11/2011; NATIONAL ORGANIZATION FOR MARRIAGE v. JOHN DALUZ, 8/11/2011; Policy Shop, 8/16/2011; Think Progress, 8/17/2011] Shortly after the Citizens United ruling, Bopp confirmed that this case, like the Citizens United case and others (see Mid-2004 and After), is part of a long-term strategy to completely dismantle campaign finance law (see January 25, 2010).

Entity Tags: National Organization for Marriage, James Bopp, Jr, Ian Millhiser

Timeline Tags: Civil Liberties

Researchers David E. Campbell and Robert D. Putnam, the authors of American Grace: How Religion Divides and Unites Us, conducted extensive polling and research on the ideology and beliefs of those who consider themselves affiliated with the “tea party” movement for their book. Campbell and Putnam write that their findings indicate what many have long believed: that by and large, the American “tea party” movement is made up of people who populate the right wing of the Republican Party. Moreover, they note, their and other polling indicates that the “tea party” is fighting an increasing tide of American disapproval. Within the last year, the number of people who label themselves as “opponents” of the “tea party” movement has doubled to around 40 percent, while those considering themselves “supporters” have dwindled to around 20 percent. In the authors’ polling, the “tea party” movement ranks lower than Republicans or Democrats in favorability, and even lower than groups such as atheists and Muslims. Their approval numbers are similar to those of the Christian Right. “Tea party” members tend to be overwhelmingly white, and their tolerance and approval of immigrants and minorities are significantly lower than even mainstream Republicans. They embrace many positions taken by so-called “social conservatives”—strong opposition to abortion, for example, and strong support for increasing the role of religion in politics. The authors write, “The tea party’s generals may say their overriding concern is a smaller government, but not their rank and file, who are more concerned about putting God in government.” “Tea party” members tend to support Republican presidential candidates like Michele Bachmann (R-MN) and Rick Perry (R-TX), who proclaim their affinity for religion in politics. However, mainstream Americans tend to frown on increasing the role of religion in politics. According to the authors’ research, while the media narrative has portrayed the “tea party” movement as what they term “nonpartisan political neophytes,” in fact the early members of the movement were what the authors call “highly partisan Republicans.” Today, they observe, “past Republican affiliation is the single strongest predictor of tea party support today.” The authors conclude: “On everything but the size of government, tea party supporters are increasingly out of step with most Americans, even many Republicans. Indeed, at the opposite end of the ideological spectrum, today’s tea party parallels the anti-Vietnam War movement which rallied behind George S. McGovern (D-SD) in 1972. The McGovernite activists brought energy, but also stridency, to the Democratic Party—repelling moderate voters and damaging the Democratic brand for a generation. By embracing the tea party, Republicans risk repeating history.” [New York Times, 8/16/2011]

Entity Tags: James Richard (“Rick”) Perry, David E. Campbell, Michele Bachmann, George S. McGovern, Robert D. Putnam, Republican Party

Timeline Tags: Domestic Propaganda

Liberal columnist Joan Walsh uses a recent op-ed by authors and researchers David Campbell and Robert Putnam (see August 16, 2011) to ask why the media portrays the “tea party” movement as a powerful new force of non-partisan advocates of small government, when research shows that the movement is, as Walsh and others have long argued, largely formed of right-wing social conservatives. Walsh writes: “It’s great to have data, but this is something a lot of us believed all along—the tea party was the Republican base dressed up in silly costumes. Why was the media so quick to declare them a vital new force in politics?” Walsh points to the early involvement of the billionaire Koch brothers (see July 3-4, 2010 and August 30, 2010), lobbying groups such as FreedomWorks (see April 8, 2009 and April 14, 2009) and Americans for Prosperity (see Late 2004), and Fox News, whom she says did early and “energetic publicity for… tea party rallies” (see March 23-24, 2009, April 6-13, 2009, April 6-7, 2009, April 8, 2009, April 13-15, 2009, April 15, 2009, April 16, 2009, May 13-14, 2009, July 28, 2009, August 3, 2009, August 3, 2009, August 8, 2009, August 10, 2009, August 11, 2009, August 28, 2009, September 1, 2009, September 12, 2009, September 18, 2009, Early November 2009, and May 22, 2011). Former Fox News talk show host Glenn Beck helped start one of the earliest nationwide “tea party” organizations, the “9-12 movement” (see March 13, 2009 and After). The first “tea party” rally Walsh attended, in San Francisco in April 2009, was sponsored by right-wing talk radio station KSFO and featured speakers such as Melanie Morgan, who, Walsh recalls, “whipped the crowd into an anti-government frenzy that day.” Many “birthers”—people who insist that President Obama is not the legitimate president because he is not an American citizen—were on hand. Race is a big issue for many “tea party” members, Walsh writes: while Obama’s race is a bone of contention for many “tea partiers,” “it’s worth noting that these are the same people who’ve been fighting the Democratic Party since the days of the Civil Rights Act, the Voting Rights Act, and the beginning of the War on Poverty, almost 50 years ago. They associate those long overdue social reforms with giving folks, mainly black people, something they don’t deserve. I sometimes think just calling them racist against our black president obscures the depths of their hatred for Democrats, period.” [Salon, 8/17/2011] Walsh is echoing similar claims made by Mother Jones columnist Kevin Drum almost a year ago (see September 2010).

Entity Tags: David Koch, Barack Obama, Americans for Prosperity, Charles Koch, Fox News, FreedomWorks, Joan Walsh, Melanie Morgan, Kevin Drum, Glenn Beck

Timeline Tags: Domestic Propaganda

Rolling Stone reporter Ari Berman writes that Republican lawmakers across the nation have launched “an unprecedented, centrally coordinated campaign to suppress the elements of the Democratic vote that helped elect Barack Obama in 2008. Just as Dixiecrats once used poll taxes and literacy tests to bar black Southerners from voting, a new crop of GOP governors and state legislators has passed a series of seemingly disconnected measures that could prevent millions of students, minorities, immigrants, ex-convicts and the elderly from casting ballots.” The initiative is ostensibly to counter the “epidemic” of “voter fraud” that Republicans insist is not only plaguing the nation, but affecting the outcome of elections. (In 2007, the Brennan Center released a report that found the instance of voter fraud vanishingly small, and concluded that more people die by lightning strikes than commit voter fraud—see 2007). Judith Browne-Dianis of the Advancement Project tells Berman, “What has happened this year is the most significant setback to voting rights in this country in a century.” As far back as 1980, powerful Republican operative Paul Weyrich told evangelical leaders: “I don’t want everybody to vote. As a matter of fact, our leverage in the elections quite candidly goes up as the voting populace goes down.” In 2010, the American Legislative Exchange Council (ALEC), a group founded by Weyrich and funded in part by the billionaire Koch brothers (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011), began working to disenfranchise hundreds of thousands, perhaps millions, of legitimate voters, almost of all identified as being part of ethnic or gender groups that are more likely to vote Democratic. Thirty-eight states have submitted legislation designed to impede voting “at almost every step of the electoral process.”
Requiring Proof of Citizenship - Kansas and Alabama now require would-be voters to show proof of US citizenship before being allowed to vote.
Impeding Voter Registration - Florida and Texas have passed legislation making it more difficult for groups like the League of Women Voters, an organization widely considered to lean Democratic, to register new voters. Maine repealed same-day registration, which had been in effect since 1973 and had worked to significantly increase voter participation. The Florida legislature passed a law requiring groups to hand in voter registration forms within 48 hours of collection, and imposed what Berman calls “a barrage of onerous, bureaucratic requirements” and serious criminal penalties for those who fail to comply. As a result, many people who once volunteered to help register voters are afraid to do so again. The League of Women Voters says it will no longer operate in Florida, and called Florida’s efforts “good old-fashioned voter suppression.” The Florida statute took effect one day after its passage, under an emergency statute designed for “an immediate danger to the public health, safety or welfare.” Since 2009, Florida has arrested a total of three people for suspected voter fraud. Republican state senator Mike Fasano, one of the few in his party to oppose the restrictions on registrations, says, “No one could give me an example of all this fraud they speak about.”
Curbing Early Voting - Florida, Georgia, Ohio, Tennessee, and West Virginia have cut short early-voting periods. Six states have moved to impose new restrictions on voter registration drives. In 2004, then-Florida governor Jeb Bush (R-FL) said he thought early voting was “great.… It’s another reform we added that has helped provide access to the polls and provide a convenience. And we’re going to have a high voter turnout here, and I think that’s wonderful.” However, his successor Rick Scott (R-FL) does not agree, and neither do most Republicans. After analysis showed what a benefit early voting was for Obama’s numbers, early voting became a key target. Florida has cut early voting days from 14 to 8 days. Ohio, where early voting numbers gave Obama a narrow victory in 2008, has cut its early voting days from 35 to 11, with only limited hours on weekends. Both states have banned voting on the Sunday before elections, when many black churches historically mobilize their constituents. The Early Voting Information Center at Reed College states, “There is no evidence that any form of convenience voting has led to higher levels of fraud.”
Denying Convicted Felons the Right to Vote - Florida and Iowa have passed laws denying convicted felons the right to vote, disenfranchising thousands of previously eligible voters even if they have already served their sentences and have returned to society. Former Florida Governor Charlie Crist (R-FL) restored the voting rights of 154,000 felons convicted of non-violent crimes. In March 2011, after 30 minutes of public debate, Governor Scott overturned that decision, instantly disenfranchising almost 98,000 citizens and prohibiting another 1.1 million convicts from being allowed to vote after they are released from prison. Former President Bill Clinton asked in July: “Why should we disenfranchise people forever once they’ve paid their price? Because most of them in Florida were African-Americans and Hispanics and would tend to vote for Democrats—that’s why.” Iowa Governor Terry Branstad (R-IA) recently took a similar action, overturning his predecessor’s decision to restore voting rights to some 100,000 ex-felons. Until recent years, Iowa saw up to five percent of its residents ineligible to vote, including 33 percent of its African-American residents. Florida, Iowa, Kentucky, and Virginia require former felons to apply for the right to vote to be restored.
Voter Identification - Six states—Alabama, Kansas, South Carolina, Tennessee, Texas, and Wisconsin, all controlled by Republican governors and legislatures—have passed laws requiring an official government ID to cast a ballot. Berman notes that some 10 percent of US citizens lack such identification, and the number of young and black voters, groups that traditionally lean Democratic, are much higher. The turn towards voter ID requirements began in 2008, when the US Supreme Court upheld an Indiana photo-ID requirement even though state lawyers could not produce a single instance of the kind of voter fraud that photo ID laws are designed to prevent. After the ruling, ALEC orchestrated a nationwide move towards photo ID requirements. ALEC wrote draft legislation for Republican legislators based on Indiana’s ID requirement. Five of the states that passed those laws had their legislation submitted by legislators who belong to ALEC. Heather Smith, president of the voter-registration group Rock the Vote, says: “We’re seeing the same legislation being proposed state by state by state. And they’re not being shy in any of these places about clearly and blatantly targeting specific demographic groups, including students.” In Texas, the Republican-dominated legislature passed “emergency” legislation that was signed into law by Governor Rick Perry saying that a concealed-weapons permit is acceptable ID, but a college ID is not. Republicans in Wisconsin effectively disenfranchised every college student by requiring that acceptable IDs contain information that no colleges put on their IDs. Dane County board supervisor Analiese Eicher says, “It’s like creating a second class of citizens in terms of who gets to vote.” In Wisconsin, for example, about half of African- and Hispanic-American citizens do not have a driver’s license, and the state has an extremely small number of Department of Motor Vehicles (DMV) offices—some of which are only open one day a month. Governor Scott Walker (R-WI) attempted to close 16 DMV offices, all in heavily Democratic-voting areas. Berman notes, “Walker planned to close a DMV in Fort Atkinson, a liberal stronghold, while opening a new office 30 minutes away in the conservative district of Watertown.” Democratic governors in five states—Minnesota, Missouri, Montana, New Hampshire, and North Carolina—have all vetoed ID laws. Voters in Mississippi and Montana are considering ballot initiatives requiring voter IDs. Legislation is currently pending in Pennsylvania. Perhaps the most restrictive law was signed into effect by South Carolina Governor Nikki Haley (R-SC). Voters must have a free state ID to vote—but they must pay for a passport or birth certificate. Brown-Dianis says, “It’s the stepsister of the poll tax.” Many elderly black residents who were born at home in the segregated South and were never issued birth certificates can no longer vote unless they go to family court to prove their identity.
Significant Impact on 2012 Voting - Berman writes that when these measures are taken in the aggregate, the turnout of Democrats to the 2012 votes will be significantly smaller, perhaps enough to throw races to Republican candidates. In July, Clinton told a group of student activists: “One of the most pervasive political movements going on outside Washington today is the disciplined, passionate, determined effort of Republican governors and legislators to keep most of you from voting next time. Why is all of this going on? This is not rocket science. They are trying to make the 2012 electorate look more like the 2010 electorate than the 2008 electorate.” Clinton was referring to the 2010 elections, widely considered a Republican “wave” election in part because of far smaller turnouts among young and minority voters than in 2008, and because of a large number of “tea party” voters. Clinton added, “There has never been in my lifetime, since we got rid of the poll tax and all the Jim Crow burdens on voting, the determined effort to limit the franchise that we see today.”
Cracking Down on Voter Fraud? - Republicans insist that voter fraud is rampant in America. Since George W. Bush took office in 2001 after losing the popular vote (see 9:54 p.m. December 12, 2000), his administration made “voter fraud” a top priority for Justice Department prosecutors. In 2006, the DOJ fired two US Attorneys who refused to prosecute patently fraudulent voter fraud allegations. Bush advisor Karl Rove called voter fraud “an enormous and growing problem.” He told the Republican National Lawyers Association that America is “beginning to look like we have elections like those run in countries where the guys in charge are colonels in mirrored sunglasses.” The Republicans successfully destroyed the community activism group ACORN (Association of Community Organizations for Reform Now) after false allegations were made that it was, as Berman writes, “actively recruiting armies of fake voters to misrepresent themselves at the polls and cast illegal ballots for the Democrats.” A massive DOJ probe in 2006 and 2007 failed to prosecute a single person for intentionally impersonating another person at the polls, an action that the DOJ claimed was at the heart of the voter fraud investigation. Eighty-six cases of voter fraud did win convictions, but most of those were immigrants and former felons who did not intentionally cast illegal votes. An enormous investigation in Wisconsin resulted in 0.0007 percent of the electorate being prosecuted for voter fraud. And the Brennan Center report found the instance of voter fraud in America extraordinarily small (see 2007).
Voter Fraud Allegations Dog Obama Victory - Republican lawmakers and activists made a raft of allegations after the November 2008 elections that placed the White House in the hands of Barack Obama (D-IL). The 29 states that register voter affiliation showed a roughly 2-1 increase in new Democratic voters over Republicans for 2008, and Obama won almost 70 percent of those votes. Election reform expert Tova Wang says flatly, “This latest flood of attacks on voting rights is a direct shot at the communities that came out in historic numbers for the first time in 2008 and put Obama over the top.” Berman cites Kansas Secretary of State Kris Kobach as emblematic of the Republican pushback against the Obama victory. Kobach is a former Bush-era Justice Department advisor who helped push through his state’s requirement that every voter prove his or her citizenship, ignoring the fact that Kansas has prosecuted exactly one case of voter fraud since 2006. Kobach used fear of illegal immigrants to help push his requirement through, stating without evidence, “In Kansas, the illegal registration of alien voters has become pervasive.” He also stated that many people were casting ballots in the name of dead voters, and cited the example of Alfred K. Brewer as a dead voter who mysteriously voted in 2008. However, as the Wichita Eagle showed, Brewer is very much alive. “I don’t think this is heaven,” Brewer told the Eagle, “[n]ot when I’m raking leaves.” Representative John Lewis (D-AL), a civil rights crusader who was brutally beaten during the 1960s effort to win voting rights for African-Americans, says bluntly, “Voting rights are under attack in America.” On the House floor in July, Lewis told the assemblage, “There’s a deliberate and systematic attempt to prevent millions of elderly voters, young voters, students, minority and low-income voters from exercising their constitutional right to engage in the democratic process.”
Fighting Voter Disenfranchisement - Voting-rights organizations are fighting back as best they can. The American Civil Liberties Union (ACLU) is challenging several of the new voter-restriction laws in court. Congressional Democrats are pushing the Department of Justice to block or weaken laws that impede minority voters from exercising their rights. Lewis says, “The Justice Department should be much more aggressive in areas covered by the Voting Rights Act.” Meanwhile, many voting-rights experts predict chaos at the polls in November 2012, as voters react with confusion, frustration, and anger at being barred from voting. “Our democracy is supposed to be a government by, of, and for the people,” says Browne-Dianis. “It doesn’t matter how much money you have, what race you are, or where you live in the country—we all get to have the same amount of power by going into the voting booth on Election Day. But those who passed these laws believe that only some people should participate. The restrictions undermine democracy by cutting off the voices of the people.” [Rolling Stone, 8/30/2011]

Representatives John Conyers (D-MI) and Donna Edwards (D-MD) introduce legislation that, if adopted, would move to amend the Constitution to empower Congress and the states to limit corporate spending on political activities. The legislation is a direct move against the Citizens United ruling (see January 21, 2010). Conyers tells reporters: “Last year, the Supreme Court overturned decades of law and declared open season on our democracy. It is individual voters who should determine the future of this nation, not corporate money.” Edwards adds, “Since that flawed ruling was issued, campaign spending by outside groups including corporations surged more than four-fold to reach nearly $300 million in the 2010 election cycle.” Reversing the Citizens United ruling, she says, “is the only way to once and for all put the American people, and not corporations, in charge of our treasured democracy.” [The Hill, 9/20/2011]

Entity Tags: US Supreme Court, Donna Edwards, John Conyers

Timeline Tags: Civil Liberties

Army soldier Stephen Hill.Army soldier Stephen Hill. [Source: The Week]The conservative gay rights group GOProud blasts former Senator Rick Santorum (R-PA), a presidential contender, for making what it calls disrespectful comments towards a gay soldier in the evening’s GOP presidential debate. During the debate in Orlando, Florida, Stephen Hill asks the debaters if they would work to “circumvent” the repeal of the “Don’t Ask Don’t Tell” (DADT) statute barring gay service personnel from discussing their sexual orientation. Some members of the debate audience boo and catcall the soldier during the question, an incident which none on the stage choose to address. Santorum answers the question, and says of DADT: “I would say any type of sexual activity has absolutely no place in the military. And the fact that they’re making a point to include it as a provision within the military that we are going to recognize a group of people and give them a special privilege to—and removing ‘Don’t Ask, Don’t Tell,’ I think tries to inject social policy into the military. And the military’s job is to do one thing, and that is to defend our country.… What we’re doing is playing social experimentation with our military right now. And that’s tragic.” GOProud issues a statement condemning Santorum’s remarks. Two organization leaders, Christopher Barron and Jimmy LaSalvia, write: “Tonight, Rick Santorum disrespected our brave men and women in uniform, and he owes Stephen Hill, the gay soldier who asked him the question about Don’t Ask, Don’t Tell repeal, an immediate apology. That brave gay soldier is doing something Rick Santorum has never done—put his life on the line to defend our freedoms and our way of life [referring to Santorum’s lack of military service]. It is telling that Rick Santorum is so blinded by his anti-gay bigotry that he couldn’t even bring himself to thank that gay soldier for his service. Stephen Hill is serving our country in Iraq, fighting a war Senator Santorum says he supports. How can Senator Santorum claim to support this war if he doesn’t support the brave men and women who are fighting it?” [GOProud, 9/22/2011; CBS News, 9/23/2011] Santorum achieved notoriety in 2003 for his comments that legalizing homosexual acts would lead to incest, child rape, and bestiality (see April 7, 2003).

Entity Tags: GOProud, Stephen Hill, Rick Santorum, Jimmy LaSalvia, Christopher Barron

Timeline Tags: Domestic Propaganda, 2012 Elections

Fox News chief Roger Ailes acknowledges that Fox News has undergone what he calls a “course correction” over the last year, dialing back some of the most inflammatory and partisan rhetoric that is its brand. The release of talk show host Glenn Beck (see March 28 - April 6, 2011) is one of the actions Ailes has taken to “moderate” Fox News’s stance, as is the lower profile given former Alaska Governor Sarah Palin as a prominent Fox personality—once aggressively promoted by the network as the savior of the Republican Party, Palin is much less visible on the network now. Fox executives admit that after Barack Obama’s election in 2008 (see January 2009), “the entire network took a hard right turn (see February 2, 2009, February 9-10, 2009, February 10, 2009, February 20, 2009, March 16-17, 2009, March 17, 2009, March 17-24, 2009, March 18, 2009, March 23-24, 2009, March 24, 2009, March 24, 2009, March 31, 2009, April 1, 2009, April 1, 2009, April 1-2, 2009, April 3, 2009, April 3-7, 2009, April 6, 2009, April 6-13, 2009, April 6-7, 2009, April 13-15, 2009, April 15, 2009, April 16, 2009, April 22, 2009, April 23, 2009, April 28, 2009, April 29, 2009, May 5-6, 2009, May 6, 2009, May 8-15, 2009, May 13-14, 2009, May 26, 2009, May 27, 2009, June 2, 2009, July 8, 2009, July 23, 2009, July 27, 2009, July 28, 2009, July 28-29, 2009, July 30, 2009, August 3, 2009, August 3, 2009, August 7, 2009, August 8, 2009, August 10, 2009, August 10, 2009, August 11, 2009, August 11, 2009, August 14, 2009, August 28, 2009, September 1, 2009, September 12, 2009, September 18, 2009, September 29, 2009, October 11, 2009, October 16, 2009, November 3, 2009, November 5-8, 2009, November 18-19, 2009, November 24, 2009, January 27, 2010, May 20-22, 2010, June 11, 2010, June 24, 2010 and After, July 2, 2010, July 24, 2010, September 1, 2010, September 4, 2010, September 4, 2010, September 15-16, 2010, September 18, 2010, September 18, 2010, September 27, 2010, September 28, 2010, September 29, 2010, September 29, 2010, September 30, 2010, October 1, 2010, October 3, 2010, October 26, 2010, November 9-11, 2010 and After, and November 9-11, 2010 and After)… but, as the tea party’s popularity fades (see August 25, 2011), is edging back toward the mainstream” (see November 16, 2010, November 17-18, 2010, February 23, 2011, February 28, 2011, March 19-24, 2011, March 23, 2011, March 23, 2011, March 24, 2011, March 27-28, 2011, March 30, 2011, April 26, 2011, April 26, 2011, April 27, 2011, April 27, 2011, April 27, 2011, April 28, 2011, May 22, 2011, May 23-24, 2011, June 10, 2011, July 13-14, 2011, January 14, 2012, January 17-18, 2012, February 11-16, 2012, and February 12-13, 2012). Ailes has ordered the opinion show hosts such as Sean Hannity and Bill O’Reilly to tone down the rhetoric, in part in response to the shooting of Representative Gabrielle Giffords (D-AZ) and the resultant debate about the aggressive, violent rhetoric being promulgated on the right (see March 24, 2010). Moreover, as media pundit Howard Kurtz writes, “[i]t was, in his view, a chance to boost profits by grabbing a more moderate audience.” Ailes’s contract is up in 2013, and some expect the 71-year-old media magnate not to renew his contract thereafter. Ailes continues to insist that his news network is the only “fair and balanced” (see 1995) news outlet on television, with the other broadcast and cable news providers being relentlessly liberal in their presentations, but on the other hand implicitly admits that he routinely pushes right-wing memes and talking points on his network. Today, for example, he is touting Fox News’s new “Regulation Nation” series, pushing the idea that government regulations have a stranglehold on American business. “[N]o other network will cover that subject,” he says. “I think regulations are totally out of control.” Government bureaucrats hire Ph.D.s to “sit in the basement and draw up regulations to try to ruin your life,” he says. Under Ailes’s direction, Fox News will feature stories on “over-regulation” in many of its straight-news and opinion shows. Some non-Fox News conservative pundits, such as radio host Rush Limbaugh, wonder if Ailes hasn’t given up on his commitment to conservative principles in return for ratings, saying, “Fox wants these people [Republican primary candidates] to tear each other up, ‘cause they want approval from the mainstream media.” Kurtz says that Ailes has turned the Republican primary into his own “reality show” for ratings and profits, essentially agreeing with Limbaugh. Overall, others are registering that Ailes is attempting to dial back the hyperpartisan posturing, even former Obama administration aide Anita Dunn, who says, “You have the sense that they’re trying to at least appear less of the hyperpartisan political network they had been.” [Newsweek, 9/25/2011]

Entity Tags: Gabrielle Giffords, Anita Dunn, Barack Obama, Fox News, Sean Hannity, Rush Limbaugh, Glenn Beck, Bill O’Reilly, Roger Ailes, Howard Kurtz, Sarah Palin

Timeline Tags: Domestic Propaganda

The campaign of presidential candidate Mitt Romney (R-MA), the former governor of Massachusetts, acknowleges the influence of the Koch brothers (see July 3-4, 2010 and August 30, 2010) on Republican politics and the “tea party” movement. According to an internal campaign memo, the Koch brothers, particularly David Koch, are the “financial engine of the tea party” even though Koch “denies being directly involved.” The memo explicates the attempts that Romney and the campaign have taken to secure the support of the Koch brothers, including a January 2011 meeting between Romney and David Koch at an elite club in Manhattan, and an August 28 meeting that was canceled because of Hurricane Irene. David Koch publicly endorsed Romney for president in 2008, and one of Romney’s first major campaign fundraisers for the 2012 race was held at Koch’s mansion in the Hamptons. Political strategists acknowledge the success the Koch brothers have had in getting dozens of far-right candidates elected to Congress in 2010 and creating a network of tea party members who can help Romney secure the 2012 presidential nomination. Strategists have also noted Romney’s lack of support among many tea party members and organizations, and the likelihood that Romney will fail to capture the 2012 Republican presidential nomination without tea party support. “In many national surveys, Romney has had difficulty breaking 25 percent in support and that’s because [tea party] conservatives are suspicious of him and doubt his commitment to their issues,” says the Brookings Institution’s Darrell West. “He’s courting the tea party because he needs them to win.” But that support is far from certain. Judson Phillips, the co-founder of Tea Party Nation, says: “Our vote is split up among so many candidates—none of whom are Romney. Romney’s problem with a lot of tea party voters, myself included, is at this point I don’t know what he believes and I don’t care—because even if he tells me, ‘When I get to the White House I’m going to be fiscally conservative,’ he will probably change his mind, depending on which way the political winds are blowing.” Romney has a reputation as a “flip-flopper” who has changed his mind on a number of key issues, and a closet moderate who once supported abortion rights, the 2008 government bank bailouts, gay rights, and gun control. [Washington Examiner, 11/2/2011; Think Progress, 11/3/2011]

Entity Tags: David Koch, Charles Koch, Mitt Romney presidential campaign 2000, Willard Mitt Romney, Judson Phillips

Timeline Tags: Domestic Propaganda

Senator Mike Lee (R-UT).Senator Mike Lee (R-UT). [Source: Gabe Skidmore / Telestial State (.com)]Senator Mike Lee (R-UT)‘s “leadership PAC,” the Constitutional Conservatives Fund PAC (CCFPAC), writes to the Federal Election Commission (FEC) to ask for permission to collect unlimited contributions from corporations, labor unions, and individual donors for independent spending on behalf of other candidates. So-called “leadership PACs” are political committees set up and run by members of Congress, and other elected officials, to allow them to make contributions to other candidates and spend money on their behalf. It is a well-established method for Congressional members to build influence within their parties. The CCFPAC’s lawyers argue that there is no danger of other candidates being corrupted, because CCFPAC’s spending to help candidates get elected (or to attack their opponents) will be independent of those candidates. The request cites the controversial Citizens United Supreme Court decision (see January 21, 2010) that allowed corporations and labor unions to spend unlimited amounts in independent expenditures on behalf of candidates. Law professor Richard Hasen will argue that such a contention—that a candidate will not be corrupted because the spending on his or her behalf—is specious, and moreover, another danger exists, that of the corruption of the head(s) of the leadership PAC. He will write, “Corporations or labor unions (acting through other organizations to shield their identity from public view) could give unlimited sums to an elected official’s leadership PAC, which could then be used for the official to yield influence with others.” Any member of Congress could use his or her leadership PAC to effectively become the fundraising arm of their party, Hasen will write, merely by funneling all the money through that leadership PAC. Hasen argues that the McCain-Feingold ban on such “soft money” collections (see March 27, 2002) was not set aside by Citizens United, though he will cite a single sentence of the majority opinion in that decision as being a possible means of giving the CCFPAC request a veneer of legal justification: “We now conclude that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.” That sentence, Hasen will argue, “which denies the reality that large independent spending favoring a candidate can sometimes corrupt or create the appearance of corruption, looks like it may doom those soft-money rules too. The result of all this is that federal campaign finance law is unraveling even faster than pessimists expected after Citizens United.” [PAC, 10/17/2011 pdf file; Slate, 10/25/2011] Think Progress legal analyst Ian Millhiser will agree with Hasen, writing that “[i]n essence, Lee just sought permission to set up his own slush fund, powered by unlimited corporate donors, and use this slush fund to buy influence with his fellow lawmakers by running ads in their districts.… So Lee’s idea is that corporate CEOs, Wall Street tycoons, and other well-moneyed interests can show up at his office and turn over completely unlimited amounts of funds. Lee can then buy new friends in Washington and in state governments by channeling these corporate funds to an army of grateful politicians. And the more money corporate America gives him, the more powerful Lee becomes—and the more he owes this new found power to his brand new corporate sugar daddies.” [Think Progress, 10/26/2011]

Entity Tags: Richard L. Hasen, Federal Election Commission, Ian Millhiser, Michael Shumway (“Mike”) Lee, Constitutional Conservatives Fund PAC

Timeline Tags: Civil Liberties

Presidential candidate Rick Santorum (R-PA) gives an interview to the owner of the evangelical blog Caffeinated Thoughts. The video of the interview is placed on YouTube, where it goes largely unnoticed until mid-February 2012. In the interview, Santorum says that he does not believe in contraception and, if elected president, he would confront the “dangers of contraception” and challenge religious groups who accept its use. “One of the things I will talk about that no president has talked about before is I think the dangers of contraception in this country, the whole sexual libertine idea,” he says. “Many in the Christian faith have said: ‘Well, that’s okay. Contraception’s okay.’ It’s not okay because it’s a license to do things in the sexual realm that is counter to how things are supposed to be. They’re supposed to be within marriage, they are supposed to be for purposes that are, yes, conjugal, but also… procreative. That’s the perfect way that a sexual union should happen. We take any part of that out, we diminish the act. And if you can take one part out that’s not for purposes of procreation, that’s not one of the reasons, then you diminish this very special bond between men and women, so why can’t you take other parts of that out? And all of a sudden, it becomes deconstructed to the point where it’s simply pleasure. And that’s certainly a part of it—and it’s an important part of it, don’t get me wrong—but there’s a lot of things we do for pleasure, and this is special, and it needs to be seen as special. Again, I know most presidents don’t talk about those things, and maybe people don’t want us to talk about those things, but I think it’s important that you are who you are. I’m not running for preacher. I’m not running for pastor, but these are important public policy issues. These how profound impact on the health of our society.” Time magazine’s Michael Scherer notes poll data that show some 99 percent of American women having used a form of contraception. “In politics, it is generally not a good thing to characterize something nearly every adult in the country has happily used as ‘a license to do things in the sexual realm that is counter to how things are supposed to be,’” Scherer writes. [Time, 2/14/2012; Newser, 2/15/2012] The Atlantic’s Conor Friedersdorf writes: “What separates issues that are in the proper purview of politics from matters best left to individuals? I’d hate to draw that line for everyone, but watching Rick Santorum… I’m confident in declaring that he’s put himself on the wrong side of it.” Friedersdorf writes that Santorum obviously believes it is in the president’s purview “to opine on and shape public policy according to his notion of what is ‘special.’ As he surely knows, what is ‘special,’ what ought to be kept ‘special,’ and what is required to keep sex ‘special’ are all deeply contested matters. They inevitably turn on judgments shaped by faith, moral reasoning, and intuition. The American people, having wrestled with these questions, have concluded in overwhelming numbers either that contraception doesn’t make sex less special—or that if it does make sex less special, the tradeoff (less special sex in return for fewer unwanted pregnancies or abortions or STDs or more pleasure or human connection) is worthwhile.” Friedersdorf goes on to note that Santorum cannot credibly claim to be a supporter of smaller, limited government if he believes the president should have a say in whether contraception is available to American citizens or not. [The Atlantic, 2/15/2012] Matt K. Lewis of the conservative news blog The Daily Caller writes that Santorum’s position is likely to hurt his chances of winning the presidency, and continues: “When it comes to discussing such issues, Santorum should have practiced abstinence. He did not.” [Daily Caller, 2/15/2012] Nick Gillespie of the libertarian news publication Reason agrees with Friedersdorf about Santorum’s questionable allegiance to the concept of limited government: “Calling all conservatives: Is this the sort of anti-Obama limited-government candidate you really want to get behind? And indeed, Santorum is out of touch in at least two distinct ways: First, the president shouldn’t be concerning herself with rubbers, IUDs, and birth control pills (whether she’s a Republican or a Democrat). Second, all the social indicators he seems to be worried about—including sexual activity among teens and teen pregnancy rates—have been declining.” [Reason, 2/15/2012]

Entity Tags: Rick Santorum, Matt K. Lewis, Conor Friedersdorf, Michael Scherer, Nick Gillespie

Timeline Tags: 2012 Elections

A new report by the Brennan Center for Justice shows that just three “independent” corporate political organizations outspent the US labor movement in judicial elections for 2009-10. The report, entitled “The New Politics of Judicial Elections 2009-10,” shows that three corporate interest groups—the Ohio Chamber of Commerce (Partnership for America’s Future), the Business Council of Alabama, and the Illinois Civil Justice League (JustPAC) outspent the US labor movement 13-1 in trying to influence state Supreme Court elections. Together, the three groups spent $3,554,445 on activities involving judicial elections. In total, organized labor groups spent $261,4230. Labor unions have always contended that they could not spend nearly as much on election activities as corporations. [Skaggs et al., 10/2011 pdf file; Think Progress, 10/27/2011]

Entity Tags: Ohio Chamber of Commerce, Illinois Civil Justice League, Brennan Center for Justice, Business Council of Alabama

Timeline Tags: Civil Liberties

An unofficial logo for the Cain presidential campaign.An unofficial logo for the Cain presidential campaign. [Source: Draft Cain (.org)]Republican presidential candidate Herman Cain (R-GA), who is battling allegations that he sexually harassed two former employees, is further shaken by reports that his campaign may have accepted illegal corporate donations. The apparently-defunct corporation, Prosperity USA, was run by Wisconsin political operatives Mark Block and Linda Hansen, who now serve as Cain’s chief of staff and deputy chief of staff, respectively. The corporation, which incorporated itself as a nonprofit, tax-exempt organization under federal tax law, helped get Cain’s campaign up and running by paying for tens of thousands of dollars in expenses, including computers, chartered flights, and travel to several states. Such payouts are possible violations of federal tax and campaign law. According to documents obtained by the Milwaukee Journal-Sentinel, Prosperity USA claims it was owed about $40,000 by the Cain campaign for a variety of items in February and March. It is unclear whether the Cain campaign has reimbursed Prosperity USA. Cain began taking donations for his presidential bid on January 1, 2011, but records indicate Prosperity USA may have been spending money on behalf of him well before that date. The records have been verified as authentic by sources close to Prosperity USA. Cain’s federal election filings make no mention of monies owed to Prosperity USA, and the figures in the documents do not match payments made by the Cain Campaign. Other payouts include a $100,000 fee to the Congress of Racial Equality (CORE), a conservative black organization; Cain spoke at the organization’s annual Martin Luther King Jr. dinner in mid-January, an event hosted by controversial conservative blogger Andrew Breitbart. CORE is heavily involved in tea party events. Apparently Cain was not paid for the appearance, inasmuch as his personal financial disclosure forms do not show any honorariums for speeches. [Milwaukee Journal-Sentinel, 10/30/2011; USA, 10/31/2011 pdf file]
Apparent Violations of Tax, Campaign Law - Election law experts say the transactions raise many questions about Priorities USA and its connection to the Cain campaign. A Washington, DC, lawyer who advises many Republican candidates and conservative groups on campaign issues, and refuses to be publicly identified, says, “If the records accurately reflect what occurred, this is way out of bounds.” She says it is a violation of tax law for Prosperity USA to advance money to the Cain campaign for the items invoiced, and the expenditures also seem to violate federal campaign regulations. “I just don’t see how they can justify this,” she says. “It’s a total mess.” Wisconsin campaign attorney Michael Maistelman, a Democrat who has worked for candidates from both parties, agrees, saying, “The number of questionable and possibly illegal transactions conducted on behalf of Herman Cain is staggering.” Think Progress legal expert Ian Millhiser writes that “if Prosperity USA effectively donated money to the Cain campaign by fronting money to them and agreeing not to be paid back, that is a violation of federal election law,” even if the Cain campaign eventually pays the money back. Block and Hansen have refused to comment on the issue. In 1997, Block, then advising the campaign of former Wisconsin Supreme Court Justice Jon Wilcox, settled allegations of election-law violations by agreeing to pay a $15,000 fine and to stay out of Wisconsin politics for three years. [Milwaukee Journal-Sentinel, 10/30/2011; Think Progress, 10/31/2011] Election lawyer Lawrence H. Norton, who formerly served as a general counsel for the Federal Election Commission (FEC), later says, “If they are supporting his campaign, whether directly or indirectly, they are violating the law.” [New York Times, 11/3/2011]
Connections to Koch-Funded Political Organization - In recent years, Block has run the Wisconsin chapter of Americans for Prosperity (AFP—see Late 2004), a nonprofit conservative lobbying and political action group co-founded by the conservative Koch brothers (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, May 6, 2006, April 15, 2009, May 29, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011). AFP played a key role in organizing the tea party movement. Block met Cain through AFP, and encouraged him to run for president. Block has incorporated a number of offshoot organizations and corporations from AFP, most of which bore the word “prosperity” in their names. AFP officials insist that Block’s organizations are legally separate from theirs. Documents show that when Block left AFP at the beginning of 2011, he left behind tens of thousands of dollars in unpaid invoices.
History of Involvement with Cain Campaign - Block’s largest group was the now-defunct Wisconsin Prosperity Network (WPN), envisioned as an umbrella organization that would spend over $6 million a year underwriting other conservative political organizations. Hansen was the group’s executive director. WPN was also set up as a tax-exempt nonprofit organization. Under the law, neither WPN nor Prosperity USA can have direct political involvement with any candidate or candidate organization. Sources familiar with the situation say the two organizations were closely linked, and raised hundreds of thousands of dollars from Wisconsin conservatives. One supporter, who still advocates for Cain and thusly refuses to have his name publicly disclosed, says he and many others are very upset with the groups for failing to use the money they raised for their intended purposes. The supporter names Hansen as being particularly responsible for the groups’ money usage. By February 2011, both groups were deeply in debt, with WPN showing a net loss of $62,000 and Prosperity USA showing net losses of $110,000. Prosperity USA’s biggest debt was an almost-$40,000 debit to “FOH,” which records show means “Friends of Herman Cain,” the name of Cain’s presidential operation. The debt includes almost $15,000 for what is called an “Atlanta invoice”; $17,000 for chartered flight service; $5,000 for travel and meetings in Iowa, Las Vegas, Dallas, Houston, and Louisiana; and $3,700 for iPads purchased for the Cain campaign. Other small-ticket items for travel and expenses by Block are listed as “not billed to FOH but due from them.” Other expenses include a September 2010 bill for $5,000 for costs incurred by Cain’s speech to the conservative Right Nation rally in Chicago, which records show Cain attended at the request of AFP; the Cain campaign later used a segment from that speech in a campaign ad. Prosperity USA also paid for a trip by Block to Washington, DC, to meet with billionaire oil magnate and conservative financier David Koch. Singer Krista Branch, who recorded “I Am America,” the unofficial anthem of the tea party movement, was supposed to be paid $3,000 by Prosperity USA; Cain has since adopted the song as his campaign theme. Branch’s husband, Michael, is a Cain campaign and fundraising consultant. The records also show $150,000 in loans from individuals who are not identified. Sources say Hansen paid much of that loan money to CORE earlier in the year. Michael Dean, the attorney for both Prosperity USA and WPN, resigned his position with WPN in the summer of 2011, and contacted the IRS about the organization’s tax-exempt status. And WPN is a listed litigant in a case pending before the Wisconsin Supreme Court.
'Outside Counsel' Will Review Allegations - The Cain campaign will respond by saying that an “outside” lawyer will review the allegations. “As with any suggestions of this type, we have asked outside counsel to investigate the Milwaukee Journal Sentinel’s suggestions and may comment, if appropriate, when that review is completed,” says campaign spokesman J.D. Gordon. Gordon refuses to identify the “outside counsel,” or give a time frame as to when the review will be complete. [Milwaukee Journal-Sentinel, 10/30/2011; New York Times, 11/3/2011]

Entity Tags: Herman Cain, Americans for Prosperity, Ian Millhiser, Andrew Breitbart, Congress of Racial Equality, Herman Cain presidential campaign (2012), Wisconsin Prosperity Network, J.D. Gordon, Milwaukee Journal-Sentinel, Prosperity USA, Linda Hansen, Lawrence H. Norton, Mark Block, Michael Dean, Michael Maistelman, Jon Wilcox

Timeline Tags: Civil Liberties, 2012 Elections

Six US Senators led by Tom Udall (D-NM) introduce a constitutional amendment that would give Congress the right to regulate the federal campaign finance system. The amendment is directed towards overturning the Citizens United decision that allows almost unregulated spending by corporations, unions, and special interests in political campaigns (see January 21, 2010). Udall is joined in sponsoring the amendment by Michael Bennett (D-CO), Tom Harkin (D-IA), Richard Durbin (D-IL), Charles Schumer (D-NY), Sheldon Whitehouse (D-RI), and Jeff Merkley (D-OR). In a press release from his office, Udall is quoted as saying: “As we head into another election year, we are about to see unprecedented amounts of money spent on efforts to influence the outcome of our elections. With the Supreme Court striking down the sensible regulations Congress has passed, the only way to address the root cause of this problem is to give Congress clear authority to regulate the campaign finance system.” In the same release, Bennett adds: “The Supreme Court’s reversal of its own direction in the Citizens United decision and other recent cases has had a major effect on our election system. State legislatures and Congress now may not be allowed to approve even small regulations to our campaign finance system. This proposal would bring some badly needed stability to an area of law that has been thrown off course by the new direction the Court has taken.” Harkin is quoted as saying: “By limiting the influence of big money in politics, elections can be more about the voters and their voices, not big money donors and their deep pockets. We need to have a campaign finance structure that limits the influence of the special interests and restores confidence in our democracy. This amendment goes to the heart of that effort.” And Merkley is quoted as saying: “It was President Lincoln who described the genius of American democracy as ‘government of the people, by the people, and for the people.’ We office holders work for the people. They elect us. They are in charge. Citizens United puts in motion the opposite: it moves us towards government by and for the powerful. As such, it is a dagger poised at the heart of American democracy. If we are going to preserve a government responsive to its citizens, we need commonsense reforms that give the American people a full voice. This constitutional amendment is essential for the people to be heard.” The amendment would:
bullet authorize Congress to regulate and limit the raising and spending of money for federal political campaigns and allow states to regulate such spending at their level;
bullet include the authority to regulate and limit independent expenditures, such as those from Super PACs, made in support of or opposition to candidates;
bullet not dictate any specific policies or regulations, but instead allow Congress to pass campaign finance reform legislation that withstands constitutional challenges. [US Senate, 11/1/2011]
Passing a constitutional amendment is not an easy task. Two-thirds of Congress must agree to the amendment, or two-thirds of state legislatures must call for the amendment. Once proposed, three-quarters of state legislatures must vote to ratify the amendment. [Think Progress, 11/2/2011] This is not the first proposal to amend the Constitution to limit corporate spending (see September 20, 2011).

Entity Tags: Tom Harkin, Jeff Merkley, Michael Bennet, Charles Schumer, Richard (“Dick”) Durbin, US Supreme Court, Tom Udall, Sheldon Whitehouse

Timeline Tags: Civil Liberties

’We Are Ohio’ logo.’We Are Ohio’ logo. [Source: ProgressOhio (.org)]Ohio Senate Bill 5, known as the Ohio Collective Bargaining Limit Repeal, is defeated by a voter referendum. The bill would enable severe limitations on collective bargaining for public employees in the state, and make it difficult for those employees to strike and collectively bargain for wages, health insurance, and pensions, and would have increased employee contributions for pensions and health insurance. The hard-fought campaign pitted Governor John Kasich (R-OH) and Ohio Republicans against the state’s teachers, firefighters, police officers, and unions. The bargaining limit repeal was supported by farmers and a number of independent corporate organizations, including Citizens United, the Ohio Chamber of Commerce, and the National Federation of Independent Business; it was opposed by labor unions, Democrats, and some independent organizations, including the bipartisan political action committee We Are Ohio, which helped launch the referendum. Over $50 million was spent on the campaign by outside parties and both political parties. Ohio Democrats and labor leaders call the repeal a win for progressives and worker rights, and the first step in recapturing the state government, which has been dominated by Republicans since the 2010 elections. Doug Stern, a firefighter who joined We Are Ohio, says: “Hey, I’m a Republican, but I’m telling you, Republican firefighters and police officers aren’t going to be voting Republican around here for a while. We’ll see what happens in 2012, but our guys have a long memory. We’re angry and disgusted.” Supporters, relying on large infusions of cash from corporate and other interests, relied largely on media advertising to support the repeal, while opponents staged mass protests and organized grassroots volunteers who they say will continue to work to defeat Republican interests. One $100,000 television ad paid for by Citizens United depicted schoolchildren while a voiceover told viewers that the bill allows schools to “replace” bad teachers, and added, “We parents and educators deserve the right to run our own schools.” Citizens United president David Bossie (see May 1998) told a reporter that his organization “decided to get in and play a role right at the end to educate the voting public and try to persuade them that this is the right way to go.” We Are Ohio called such ads “desperate attempt[s] by another shadowy out-of-state group that refuses to disclose the source of its money” (see January 21, 2010). Kasich repeatedly argued that the harsh measures against public employees and labor unions were necessary to balance the state’s budget. One senior state Republican says that Kasich “snatch[ed] defeat from the jaws of victory” by alienating labor-friendly independents in the state. [Politico, 11/2/2011; Think Progress, 11/3/2011; Politico, 11/8/2011]

Entity Tags: Ohio Chamber of Commerce, David Bossie, Citizens United, Doug Stern, National Federation of Independent Business, Ohio Collective Bargaining Limit Repeal, We Are Ohio, John Kasich

Timeline Tags: Civil Liberties

The US government’s Nixon Presidential Library begins making the grand jury testimony of former President Richard Nixon available to the public. In June 1975, Nixon testified about his involvement in the Watergate scandal after his resignation (see August 8, 1974) to a California grand jury. Although he was protected by the pardon granted him by his successor, Gerald Ford (see September 8, 1974), he could have been charged with perjury if he lied under oath. No such charges were filed against Nixon. Judge Royce Lambeth ordered the testimony made public in July 2011 over the opposition of the Obama administration, which argued that too many people from the Nixon administration were still alive for secret testimony involving them to be made public. Lambeth wrote, “The court is confident that disclosure will greatly benefit the public and its understanding of Watergate without compromising the tradition and objectives of grand jury secrecy.” The records are available at the California home of the library and online. Historian Stanley Kutler, who was one of the principal figures involved in the lawsuit to bring the testimony to light, says, “This is Nixon unplugged.” However, he adds: “I have no illusions. Richard Nixon knew how to dodge questions with the best of them. I am sure that he danced, skipped, around a number of things.” Nixon’s testimony, conducted for 11 hours over two days, was the first time an ex-president ever testified before a grand jury. The library is also releasing thousands of pages of other Watergate-era documents, several oral histories from that time, and 45 minutes of recordings made by Nixon with a dictating machine. Some portions of the Nixon grand jury testimony have not yet been made public, due to the fact that they deal with people still alive. Some or all of that information may be made public at a future date. Kutler says it is doubtful the public will learn much more about Watergate from the new records: “The grand jury after that testimony had a chance to sit and indict but they did not, so I don’t expect it to be that important.” He adds that the opening of grand jury records is a milestone by itself, “another precedent for opening up secretiveness in public life.” [Associated Press, 11/10/2011] After initially reviewing the transcripts, Kutner says: “It’s Nixon being Nixon. It’s a virtuoso performance. How about $10 for every time he says, ‘I don’t recall’?” [Daily Mail, 11/11/2011] According to reporters who review the transcripts, Nixon spent much of his time before the grand jury defending his legacy as president and denying first-hand knowledge of any of the activities that made up the Watergate scandal, but acknowledging his administration committed some questionable acts. “I want the jury and the special prosecutors to kick the hell out of us for wiretapping and for the plumbers and the rest,” he said, “because obviously, you may have concluded it is wrong.” [Associated Press, 11/11/2011] Nixon reiterated the story that his secretary Rose Mary Woods accidentally erased 18 1/2 minutes of an audiotape that might have shown his complicity in the Watergate conspiracy (see November 21, 1973), saying: “Rose had thought it was four minutes, or something like that. Now the counsel have found that it is 18-and-a-half minutes, and I practically blew my stack.… If you are interested in my view as to what happened, it is very simple. It is that it was an accident.” Nixon was harsh with the Watergate prosecutors, accusing them of persecuting him and employing what he called double standards against him as opposed to his Democratic adversaries. “If I could give one last bit of advice,” he told the prosecutors, “taking the double standard is going to make you much more popular with the Washington press corps, with the Georgetown social set, if you ever go to Georgetown, with the power elite in this country. But on the other hand, think of your children—they are going to judge you in the pages of history.… I mean, I am not unaware of the fact that the great majority of the people working in special prosecutor’s office did not support me for president.” [Daily Mail, 11/11/2011]

Entity Tags: Royce Lambeth, Stanley Kutler, Richard M. Nixon, Nixon administration, Nixon Presidential Library, Obama administration, Gerald Rudolph Ford, Jr, Rose Mary Woods

Timeline Tags: Nixon and Watergate

Representative Ted Deutch (D-FL) introduces a resolution proposing a constitutional amendment that would ban corporate money in politics and end “corporate personhood.” Deutch calls his proposal the Outlawing Corporate Cash Undermining the Public Interest in our Elections and Democracy (OCCUPIED) Amendment. The proposal reads, “Proposing an amendment to the Constitution of the United States to expressly exclude for-profit corporations from the rights given to natural persons by the Constitution of the United States, prohibit corporate spending in all elections, and affirm the authority of Congress and the states to regulate corporations and to regulate and set limits on all election contributions and expenditures.” The amendment, if adopted, would overturn the Citizens United decision (see January 21, 2010), re-establish the right of Congress and the states to regulate campaign finance laws, and effectively outlaw the ability of for-profit corporations to contribute to campaign spending. Deutch says in a statement that refers to the Occupy protesters demonstrating throughout the nation: “No matter how long protesters camp out across America, big banks will continue to pour money into shadow groups promoting candidates more likely to slash Medicaid for poor children than help families facing foreclosure. No matter how strongly Ohio families fight for basic fairness for workers, the Koch brothers will continue to pour millions into campaigns aimed at protecting the wealthiest 1 percent (see November 8, 2011). No matter how fed up seniors in South Florida are with an agenda that puts oil subsidies ahead of Social Security and Medicare, corporations will continue to fund massive publicity campaigns and malicious attack ads against the public interest. Americans of all stripes agree that for far too long, corporations have occupied Washington and drowned out the voices of the people. I introduced the OCCUPIED Amendment because the days of corporate control of our democracy. It is time to return the nation’s capital and our democracy to the people.” [US House of Representatives, 11/18/2011 pdf file; Think Progress, 11/18/2011] Three weeks ago, a group of Democratic senators introduced a similar amendment (see November 1, 2011). On December 8, Senator Bernie Sanders (I-VT) will introduce a version of the OCCUPIED Amendment in the Senate that he calls the Saving American Democracy Amendment. Deutch will say of Sanders’s action: “There comes a time when an issue is so important that the only way to address it is by a constitutional amendment. I am thrilled that Senator Bernie Sanders has introduced the Saving American Democracy Amendment, a companion bill to H.J. Res 90, my legislation in the House. The dominance of corporations in Washington has imperiled the economic security of the American people and left our citizens profoundly disenchanted with our democracy. I look forward to working with Senator Sanders to save American democracy by banning all corporate spending in our elections and cracking down on secret front groups using anonymous corporate cash to undermine the public interest.” [Think Progress, 12/8/2011] Two House Democrats introduced similar legislation in September 2011 (see September 20, 2011).

Entity Tags: 2011 Outlawing Corporate Cash Undermining the Public Interest in our Elections and Democracy (OCCUPIED) Amendment, Bernie Sanders, Theodore E. (“Ted”) Deutch, 2011 Saving American Democracy Amendment

Timeline Tags: Civil Liberties

The Federal Election Commission (FEC) unanimously rejects a petition by Senator Mike Lee (R-UT) for him to be allowed to head his own “super PAC” (see March 26, 2010). Lee’s “leadership PAC,” the Constitutional Conservatives Fund PAC (CCFPAC), had requested permission from the FEC to turn itself into a PAC capable of accepting donations directly from corporations and unions (see October 17, 2011). Previously, the FEC had released a draft opinion opposing the request, but Lee’s lawyer Dan Backer had said he felt the FEC would approve the request. Lee spokesperson Brian Phillips calls the decision “a head-scratcher.” Backer and Lee had counted on the controversial Citizens United Supreme Court decision (see January 21, 2010) that allowed corporations and labor unions to spend unlimited amounts in independent expenditures on behalf of candidates, and essentially say that if corporations and unions can run super PACs, politicians should be able to do so as well. They argued that because the law bars Lee from spending the money on his own reelection efforts, and because he is willing to pledge that he would not personally solicit large donations, the FEC should grant the request. The draft opinion said that Lee’s request violates campaign finance law that expressly prohibits elected officials from being associated with a political entity that collects money beyond the legal limits (see March 27, 2002), and the unanimous decision echoes that finding. A PAC such as the CCFPAC is limited to collecting $5,000 per person per year and is banned entirely from accepting corporate donations. Lee, a “tea party” favorite, would have been the first politician in the country to have his own super PAC. Commissioner Donald McGahn, the most conservative commissioner and an opponent of most campaign finance laws, told Lee and his legal team: “Your argument essentially does away with contribution limits. It’s well beyond what we do here and well beyond what I do here, which is saying something.” McGahn says he agrees that the government should not discriminate when applying regulations on independent expenditures, but that the statute and regulations clearly limit contributions to members of Congress to protect against corruption or the appearance of corruption. Lee’s office says that letting Lee run a super PAC of his own would actually increase transparency and accountability. Lee may yet appeal the decision to the Supreme Court. [Salt Lake Tribune, 11/24/2011; Think Progress, 11/28/2011; Deseret News, 12/1/2011]

Entity Tags: Federal Election Commission, Brian Phillips, Constitutional Conservatives Fund PAC, Donald McGahn, Michael Shumway (“Mike”) Lee

Timeline Tags: Civil Liberties

According to a Washington Post analysis, 10 percent of US billionaires have given to the presidential campaign of Mitt Romney (R-MA), who seems to be securing enough primary wins to be named the Republican Party’s presidential nominee. Romney himself is a former venture capitalist worth at least $250 million. Forty-two of the US’s 412 billionaires have donated to Romney’s campaign and third-party “super PACs” (see March 26, 2010, June 23, 2011, and November 23, 2011). President Obama has 30 billionaires on his donor list, or something over 7 percent. Romney opponents Rick Perry (R-TX) and Jon Huntsman (R-UT) have 20 and 12, respectively. The Washington Post reports: “Very wealthy donors are likely to play a greater role in this election cycle in the wake of recent court decisions that have loosened rules for campaign contributions (see January 21, 2010). That will only heighten one of the dominant narratives of the 2012 campaign: the nation’s rising income inequality and the outsize political influence of the super-wealthy.” Donors can only give $5,000 directly to candidates’ campaigns, but under the Citizens United ruling, they can give unlimited amounts to super PACs that run independent ads on behalf of, or in opposition to, candidates. “The only limit on the resources is the willingness of the donors to give,” says government professor Anthony Corrado, a former Democratic official. “It doesn’t take long to transfer $500,000 from one account to another.” Obama had a head start in raising campaign funds going into October 2010, largely because the Republican candidates were spending money against one another in primary battles. But now that Romney seems more and more assured as the Republican nominee, Republican donors are expected to focus on donating to his campaign and super PACs, and are expected to catch up to and surpass Obama and the Democrats in short order (see August 2, 2010, September 20, 2010, September 13-16, 2010, October 2010, Around October 27, 2010, May 5, 2011, and August 4, 2011). In 2008, Obama distanced his campaign from third-party donors, and donations from those individuals and interests were relatively down. But, perhaps recognizing the advantage Republicans have in raising money from the wealthy, Obama no longer objects to those donations. Romney’s largest donor so far is hedge-fund billionaire John Paulson, who has given $1 million to Romney’s super PAC Restore Our Future (see June 23, 2011). Think Progress’s Travis Waldron notes that Paulson made millions by shorting the housing market before the mortgage collapse that sparked the global financial crisis and drove the US economy into a recession. Other billionaires supporting Romney include Washington Redskins owner Dan Snyder, California real estate developer Donald Bren, and developer and publisher Sam Zell. Several billionaires who used to support Romney’s primary opponent Newt Gingrich (R-GA), including casino mogul Sheldon Adelson and Amway founder Richard DeVos, are expected to begin giving generously to the Romney campaign or to his super PAC. Obama’s richest donor is Len Blavatnik, a Russian-American industrialist who has also donated to Romney. Other billionaires supporting Obama include insurance magnate Peter Lewis, former Google executive Eric Schmidt, and venture capitalist John Doerr. Obama campaign spokesman Ben LaBolt downplays the billionaire contributions, saying, “Our campaign is fueled by donations from more than 1 million Americans, 98 percent of which were in amounts of $250 or less.” Corrado says that as the November elections approach, spending will only increase. “One of the things about large investors in campaigns is that they’re very interested in getting results,” he says. “And it is much easier to get a large effect in a race if you can give to directly advocate for and against a candidate.” [Washington Post, 12/1/2011; Think Progress, 12/6/2011]

Entity Tags: Dan Snyder, Sam Zell, Sheldon Adelson, Washington Post, Willard Mitt Romney, Anthony J. Corrado Jr., 2012 Obama presidential election campaign, Ben LaBolt, Restore Our Future, Richard DeVos, Newt Gingrich, James Richard (“Rick”) Perry, Eric Schmidt, Donald Bren, Peter Lewis, Mitt Romney presidential campaign (2012), John Paulson, Barack Obama, Len Blavatnik, Jon Huntsman, John Doerr

Timeline Tags: Civil Liberties, 2012 Elections

The Los Angeles City Council unanimously votes into effect a resolution declaring that corporations are not people and are not entitled to the same constitutional protections. The vote is spurred in part by the controversial Citizens United Supreme Court decision (see January 21, 2010) that allowed corporations and labor unions to spend unlimited amounts in independent expenditures on behalf of candidates, and the recent claim by Republican presidential candidate Mitt Romney that “corporations are people” (see August 11, 2011). Mayor Antonio Villaraigosa must sign the resolution into effect. It is non-binding, which means that its value is largely symbolic. Nevertheless, the vote, taken in a chamber packed with Occupy LA members and other activists, draws a standing ovation when it is concluded. If Villaraigosa signs the resolution into effect, Los Angeles will be on record as supporting federal legislation that would ensure corporations are not entitled to the same rights as people, particularly in the area of money spent on elections and campaigning. The resolution also proposed language for a constitutional amendment especially when it comes to spending money to influence elections. It also proposed language for a constitutional amendment declaring that money is not a form of speech and affirming the right of the federal government to regulate corporations (see November 1, 2011). Council President Eric Garcetti, who co-sponsored the resolution with Councilman Bill Rosendahl, says: “Every American should have an equal voice in their government. But unless there are big changes, your voice is only as loud as your bank account. And its the big corporations that have the largest bank accounts of all.… The flood of corporate money since Citizens United is literally drowning our democracy. It’s drowning the people’s voice in the government.” During open debate, activist Sylvia Moore tells the assemblage: “Corporations have taken over our society. They are deciding what we eat, how people educate their children, and whether or not we have health care. Corporations are polluting our environment. Some refuse to pay their fair share in taxes. And they are even deciding who gets to vote. They are making our laws when it’s government officials that should be making our laws.” The resolution cites Supreme Court Justice Hugo Black’s 1938 opinion on the subject, in which Black wrote, “I do not believe the word ‘person’ in the Fourteenth Amendment includes corporations.” [City News Service, 12/6/2011; Think Progress, 12/7/2011]

Entity Tags: Hugo Black, Antonio Villaraigosa, Eric Garcetti, Sylvia Moore, Willard Mitt Romney, Los Angeles City Council, Bill Rosendahl

Timeline Tags: Civil Liberties

Presidential candidate Mitt Romney (R-MA) criticizes the influence of super PACs and third-party organizations in political campaigns, calling the “new entities” a “disaster” and claiming that campaign finance laws have “made a mockery of our political campaign season.” Romney was the first to form a presidential super PAC, Restore Our Future (ROF—see June 23, 2011), and that organization has been extraordinarily successful in raising money to use for Romney’s benefit (see January 31, 2012, February 6, 2012, March 11, 2012, May 21, 2012, and Late May 2012). In an appearance on MSNBC, Romney says: “This is a strange thing in these campaign finance laws. They set up these new entities, which I think is a disaster, by the way. Campaign finance law has made a mockery of our political campaign season.… We really ought to let campaigns raise the money they need and just get rid of these super PACs.” Republicans have advocated for unlimited direct contributions (see April 27, 2011, May 26, 2011 and After, January 10, 2012, January 21, 2012, and January 31, 2012) to candidates’ campaigns. Such direct contributions are currently illegal. Asked if he would ask ROF to stop running an ad that drew criticism from its target, Romney’s primary challenger Newt Gingrich (R-GA), he answers: “It’s illegal, as you probably know. Super PACs have to be entirely separate from a campaign and a candidate. I’m not allowed to communicate with a super PAC in any way, shape, or form. If we coordinate in any way whatsoever, we go to the big house.” Gingrich has recently said that the idea of super PACs running entirely independently of the campaigns they work to assist is “baloney,” stating: “They ought to take this junk [negative ads] off the air. And don’t hide behind some baloney about, this ‘super PAC that I actually have no control over that happens to be run by five of my former staff.’ That’s just baloney.” ROF was created by, and is staffed by, many former aides and colleagues of Romney’s. Gingrich has named a former aide, Rick Tyler, to work with his super PAC, Winning Our Future. [CBS News, 12/11/2011]

Entity Tags: Winning Our Future, Restore Our Future, Willard Mitt Romney, Newt Gingrich

Timeline Tags: Civil Liberties, 2012 Elections

A federal appeals court strikes down a Wisconsin law limiting how much a single person can donate to independent political action committees, or PACs. The ruling is made in favor of a lawsuit filed by Wisconsin Right to Life (WRTL), which sued in August 2011 just before a round of recall elections targeting nine state senators. The courts issued a temporary injunction on the law, and the appeals court makes the repeal permanent. Before the ruling, Wisconsin law mandated that individuals could give no more than $10,000 to a PAC. The court rules that such limitations restrict free speech. WRTL’s Barbara Lyons calls the ruling a “sweeping victory” that will allow the group to “significantly contribute to the state and national dialogue on speech and elections.” But Mike McCabe of the Wisconsin Democracy Campaign disagrees, saying that the ruling renders candidates almost irrelevant as special interest groups and their money become dominant in campaigns: “I’m not sure that very many people will notice a difference because money is flowing so freely in Wisconsin politics,” he says. “There’s no shortage of channels through which special interest funds can flow.” The court cites the Supreme Court’s Citizens United decision, which allows unlimited contributions to campaign organizations by corporate and union donors (see January 21, 2010), as the basis for its ruling. Judge Diane Sykes writes in the majority opinion: ”Citizens United held that independent expenditures do not pose a threat of actual or apparent quid pro quo corruption, which is the only governmental interest strong enough to justify restrictions on political speech. Accordingly, applying the $10,000 aggregate annual cap to contributions made to organizations engaged only in independent spending for political speech violates the First Amendment.” The ruling is expected to have a tremendous impact on recall elections scheduled for 2012, including the recall of Governor Scott Walker (R-WI), as groups both in support of and opposition to the recalls can spend large amounts of money on campaign advertising. [Associated Press, 12/11/2011; Think Progress, 12/13/2011] WRTL won a landmark Supreme Court case in 2007 that struck down restrictions on so-called “issue advertising” (see June 25, 2007), a ruling that directly impacted today’s court finding. Days later, the local Chippewa Herald will write an editorial criticizing the ruling. The editorial specifies the “dialogue” that WRTL’s Lyons means “a heavy rotation of television and radio ads, phone calls, and direct-mail pieces.” WRTL’s purpose in its electioneering is fairly transparent, the Herald states, but many of the special interest groups involved in such electioneering are not transparent at all. “Do we want our campaigns to be about what the candidates stand for—heard directly from them—or about issue ads where candidates are either supported or attacked through a thinly veiled message urging people to contact a particular candidate?” The Herald notes that much of the $44 million spent on the state senate recalls “came from groups not subject to the state campaign contribution limit,” and few Wisconsin citizens know who those groups are. “The courts have ruled that political contributions and campaign spending is a First Amendment right,” the Herald states. “But those contributions and spending should not be done in secret or through a maze of groups and organizations that operate like legal money launderers.” The Herald advocates “complete disclosure” to “ensure openness and a clean and healthy democracy.” [Chippewa Herald, 12/14/2011]

Entity Tags: Chippewa Herald, Wisconsin Right to Life, Barbara Lyons, Mike McCabe, Scott Kevin Walker, Diane Sykes

Timeline Tags: Civil Liberties

The logo of InfoCision, the telemarketing firm that received much of the ASWF monies.The logo of InfoCision, the telemarketing firm that received much of the ASWF monies. [Source: InfoCision]Presidential candidate Newt Gingrich (R-GA) has apparently exploited a loophole in campaign finance law that has allowed him to build what McClatchy News calls “a political money machine that raised $54 million over five years,” according to McClatchy reports. Gingrich has used “a supposedly independent political committee that collected unlimited donations” to “finance… a coast-to-coast shadow campaign that raised his profile and provided a launch pad for his presidential run.” Critics call the ASWF issue another aftereffect of the Citizens United decision (see January 21, 2010).
$54 Million over 5 Years - The Gingrich-supporting PAC, “American Solutions for Winning the Future” (ASWF) was closed down in July 2011. Organized as a so-called “527 group” (see 2000 - 2005 and June 30, 2000), the tax-exempt, “nonprofit” organization raised $28.2 million in the two-year period ending December 31, 2010, the last period for which McClatchy has data. The Center for Responsive Politics reports that ASWF raised almost double the amount garnered by the next closest 527. The organization raised some $54 million throughout its existence, from 2006 to July 2011. McClatchy has learned some of the details behind ASWF and is now revealing them to the public. The organization provided at least $8 million to pay for the chartered luxury jets that Gingrich used to fly back and forth around the nation for public appearances and campaigning for president. The jet charters occurred during the 2008 and 2012 presidential primaries.
Largely Financed by Billionaire, Corporate Donations - ASWF has accepted enormous cash donations from billionaires such as Sheldon Adelson, a Las Vegas casino owner, who has emerged as Gingrich’s primary benefactor. Adelson has given $7.65 million to ASWF, including a million-dollar startup contribution in 2006. According to an Adelson spokesperson, “he and Speaker Gingrich go back a number of years.” Adelson is a prominent supporter and financier of Israeli Prime Minister Benjamin Netanyahu, and like Gingrich holds far-right, aggressively territorial views about Israel. Gingrich has made provocative statements about Israel and the Palestinian people over the years, denying that the Palestinians are a separate people and declaring his support for Israel’s forced-settlement plans that have displaced many Palestinians. A Gingrich spokesman says Adelson and others merely gave to the organization because they agree with Gingrich’s views. Charlotte, North Carolina, real estate developer Fred Godley gave ASWF $1.1 million in 2007 and another $100,000 in 2009. Energy firms donated heavily to ASWF: Peabody Energy, the world’s largest private coal producer, and its chief lobbyist Fred Palmer gave ASWF $825,000. Arch Coal, the US’s second-largest coal company, gave $100,000. Oil and gas firm Devon Energy gave $400,000, as did American Electric Power Company and its CEO Michael Morris. Plains Exploration Company gave $200,000. The late Cincinnati billionaire Carl Lindner gave $690,000. Dallas real estate firm Crow Holdings gave $600,000. Minnesota broadcasting mogul Stanley Hubbard gave $385,000. Wisconsin businessman Terry Kohler gave $328,082. California businessman Fred Sacher gave $275,000. NASCAR president James France gave $264,000. Home Depot co-founder Bernie Marcus gave $250,000. Another Las Vegas casino owner, the late Frank Fertitta Jr., gave $250,000, along with his sons; together the three of them co-owned a casino and the Ultimate Fighting Championship sports league. Former CarMax and Circuit City chief Richard Sharp gave $150,000. Stock brokerage titan Charles Schwab gave $150,000. Cincinnati Reds owner Robert Castellini gave $146,000. Political science professor Larry Sabato says that in light of such enormous contributions, “there’s no way that any politician is going to deny you much of anything that you want.”
New Super PACs Supplanting ASWF - In place of ASWF, two new pro-Gingrich super PACs have formed to support Gingrich’s attempt to close the gap between himself and frontrunner Mitt Romney (R-MA) in the Republican primary.
'Diabolical Scheme' to 'Circumvent' Campaign Finance Law - Campaign expert Lawrence Jacobs calls Gingrich’s use of ASWF “clever,” and adds, “Looking back, and now seeing Gingrich as the frontrunner… it’s an ingenious, diabolical scheme to circumvent what’s left of the campaign finance regime.” Jacobs says of the organization: “The money wasn’t used literally to finance a campaign for a particular office. It was used for a general, over-time campaign to keep Gingrich alive politically—an enormously luxurious campaign operation to sustain his political viability for the right time to jump into the presidential race. It’s no accident that he’s popped in in 2012.” Jacobs says ASWF operated “right on the line” of legality. Sabato says ASWF played a key role in resuscitating Gingrich’s flagging political career. His term as speaker of the House ended in scandal and resignation, and his high-profile divorces and profligate personal and campaign spending had led many to assume that Gingrich’s political career was over. But Sabato says Gingrich used ASWF to create what he calls a new kind of informal candidacy, one that shows the inherent weakness of campaign finance laws that are supposed to ensure “nobody could give so much money that they would become too influential, too powerful.” ASWF was always nominally independent, as required by law, but in 2009 Gingrich ousted its board of directors and took the title of general chairman. Gingrich never formed a formal exploratory committee before declaring his candidacy for president. McClatchy observes, “None of his Republican presidential rivals, nor any other federal candidate for that matter, is known to have operated such a committee before formally declaring his or her candidacy.” Gingrich spokesperson R.C. Hammon says Gingrich did not begin considering a presidential campaign until April 2011, and all of his committee activities were “legitimate.” Hammond says: “The purpose of American Solutions was to advance an agenda of free enterprise and tri-partisan solutions. Those were the activities he was undertaking.” ASWF is just one of a network of political entities that Gingrich has created over the last 10 years. He has managed to enrich himself by charging lucrative fees for speeches, consulting for undisclosed health care industry firms, and selling historical documentaries and books. After the group was formed in the fall of 2006, Gingrich sent a letter to potential backers calling it a unique organization “designed to rise above traditional gridlocked partisanship” and to develop “breakthrough solutions to the most important issues facing this country.” Vin Weber, a former Minnesota congressman who served on ASWF’s board for two years, says the group “certainly helped build his path back into political prominence.” He adds, “They basically sent Newt around the country promoting American Solutions.” Weber is now supporting Romney for the presidency. He says that ASWF had “not gotten really up to speed in terms of programming” when he received a call, apparently in 2008, advising him that the board was being abolished. Gingrich then took over as the group’s general chairman.
Relatively Little Spent on Campaign Initiatives, Most Spent on Raising More Money - ASWF proposed a number of campaign and advertising initiatives that would appeal to conservative donors, including:
bullet a “Drill Now!” movement aimed at increasing US oil exploration;
bullet attempts to rally opposition to President Obama’s health care reform efforts;
bullet a campaign to fight climate change legislation that would call for reduced carbon emissions by industrial concerns.
But of $37.9 million raised from 2006 through 2009, the committee spent just $7.2 million on programs, according to its filings with the Internal Revenue Service. Most of the ASWF money was spent on telemarketers and direct-mail appeals to develop a loyal pool of wealthy contributors. InfoCision, an Ohio telemarketing firm that specializes in building lists of “small” donors, was paid some $30 million over the course of the organization’s existence, exhausting much of the money contributed. $17 million of that money was used to finance Gingrich’s travel. [McClatchy News, 12/19/2011; Think Progress, 12/19/2011]

Entity Tags: Bernie Marcus, Benjamin Netanyahu, Richard Sharp, R.C. Hammon, Plains Exploration Company, Sheldon Adelson, Stanley Hubbard, Terry Kohler, Vin Weber, American Electric Power Company, Barack Obama, American Solutions for Winning the Future, Willard Mitt Romney, Arch Coal, Newt Gingrich, Robert Castellini, McClatchy News, Michael Morris, Crow Holdings, Charles Schwab, Center for Responsive Politics, Carl Lindner, Devon Energy, Frank Fertitta Jr., Peabody Energy, Fred Palmer, Internal Revenue Service, InfoCision, James France, Fred Sacher, Larry J. Sabato, Fred Godley, Lawrence Jacobs

Timeline Tags: Civil Liberties, 2012 Elections

Representatives John Yarmuth (D-NY) and Walter Jones (R-NC) file a bill, the Yarmuth-Jones Disclose Act, that would amend the US Constitution to overturn the Citizens United ruling (see January 21, 2010) and take special-interest money out of American politics. The proposed amendment establishes that financial expenditures and in-kind contributions do not qualify as protected free speech under the First Amendment (see January 30, 1976, April 26, 1978, June 25, 2007, June 26, 2008, January 21, 2010, January 21, 2010, January 22, 2010, March 26, 2010, and December 12, 2011). It also makes Election Day—the first Tuesday in November—a legal holiday, and enables Congress to establish a public financing system that would serve as the sole source of funding for federal elections (see 1974, January 26, 2011 and After, June 27, 2011, and December 1, 2011). Yarmuth explains his proposal in the context of the Citizens United case, saying: “Corporate money equals influence, not free speech. The last thing Congress needs is more corporate candidates who don’t answer to the American people. Until we get big money out of politics, we will never be able to responsibly address the major issues facing American families—and that starts by ensuring our elections and elected officials cannot be bought by the well-off and well-connected.” Jones says in a statement: “If we want to change Washington and return power to the citizens of this nation, we have to change the way campaigns are financed. The status quo is dominated by deep-pocketed special interests, and that’s simply unacceptable to the American people.” Jones is one of the very few Republicans in Congress who is willing to advocate for campaign finance reform. It is unlikely the bill will pass the Republican-controlled House, and Senate Republicans would likely block it if it made it to that chamber. Amendments to the Constitution require a two-thirds vote in both chambers of Congress before being approved by three-fourths of state legislatures. [US House of Representatives, 12/20/2011; WFPL, 12/20/2011; Think Progress, 12/20/2011] This is not the first attempt to amend the Constitution to overturn Citizens United and regulate campaign financing (see September 20, 2011, November 23, 2010, November 1, 2011, and November 18, 2011).

Entity Tags: Walter Jones, 2012 Yarmuth-Jones Disclose Act, John Yarmuth

Timeline Tags: Civil Liberties

Republican presidential frontrunner Mitt Romney (R-MA) tells MSNBC reporter Chuck Todd that wealthy donors should be able to give unlimited amounts directly to candidates in lieu of donating to “independent” organizations such as super PACs (see March 26, 2010, June 23, 2011, and November 23, 2011). The US history of campaign finance law (see 1883, 1896, December 5, 1905, 1907, June 25, 1910, 1925, 1935, 1940, February 7, 1972, 1974, May 11, 1976, January 30, 1976, January 8, 1980, March 27, 1990, March 27, 2002, and December 10, 2003), including the 2010 Citizens United decision (see January 21, 2010), has always put stringent limitations on what donors can contribute directly to candidates. Asked if he thinks the Citizens United decision was a poor one, Romney responds: “Well, I think the Supreme Court decision was following their interpretation of the campaign finance laws that were written by Congress. My own view is now we tried a lot of efforts to try and restrict what can be given to campaigns, we’d be a lot wiser to say you can give what you’d like to a campaign. They must report it immediately and the creation of these independent expenditure committees that have to be separate from the candidate, that’s just a bad idea.” Ian Millhiser, a senior legal analyst for the liberal news Web site Think Progress, responds: “It’s not entirely clear from this interview that Romney understands what happened in Citizens United. That decision emphatically did not follow any ‘interpretation of campaign finance laws that were written by Congress.’ Rather, Citizens United threw out a 63-year-old federal ban on corporate money in politics.… [I]t was not a case of judges following the law. More importantly, however, Romney’s proposal to allow wealthy donors to give candidates whatever they’d ‘like to a campaign’ is simply an invitation to corruption (see October 17, 2011). Under Romney’s proposed rule, there is nothing preventing a single billionaire from bankrolling a candidate’s entire campaign—and then expecting that candidate to do whatever the wealthy donor wants once the candidate is elected to office. Romney’s unlimited donations proposal would be a bonanza for Romney himself and the army of Wall Street bankers and billionaire donors who support him, but it is very difficult to distinguish it from legalized bribery.” Millhiser notes that Romney had a different view on the subject in 1994, saying then that when you allow special interest groups to buy and sell candidates, “that kind of relationship has an influence on the way that [those candidates are] going to vote.” [Think Progress, 12/21/2011]

Entity Tags: Willard Mitt Romney, Charles David (“Chuck”) Todd, Ian Millhiser

Timeline Tags: Civil Liberties, 2012 Elections

The Montana Supreme Court rules 5-2 in the case of Western Tradition Partnership v. Bullock that a century-old law prohibits corporate spending in state and federal elections conducted within the state. The ruling seems to challenge the US Supreme Court’s Citizens United ruling (see January 21, 2010). The case stems from a challenge by a “social welfare organization,” Western Tradition Partnership (WTP, which changed its name to American Tradition Partnership after the original lawsuit was filed), joined by two other corporate entities, to Montana’s 1912 Corrupt Practices Act (CPA). The law banned corporate spending in elections, after two out-of-state copper industry magnates attempted to “buy” the Montana legislature by pouring money into the 1894 state elections. The law declares that “corporations may not make… an expenditure in connection with a candidate or a political committee that supports or opposes a candidate or a political party.” The Montana Supreme Court finds that the CPA is needed to ensure the integrity of Montana’s elections, and to make sure that citizens and not corporations are running the state. However, the Court acknowledges that its ruling conflicts with the Citizens United decision, though it says that the Citizens United decision allows for restrictions on corporate political speech if the government can demonstrate that the restrictions are as minimal as possible to achieve a compelling governmental interest. The Montana Court rules that because of Montana’s history of corporate vote-buying and the narrow restrictions of the CPA, the law should stand. It also notes that Western Tradition Partnership argued in its original suit that disclosure laws, as opposed to outright bans, would serve the public interest and guard against corruption; however, the organization is currently involved in another lawsuit in which it argues that those same disclosure laws are unconstitutional restrictions of the freedom of speech. [Western Tradition Partnership v. Bullock et al, 12/30/2011 pdf file; Los Angeles Times, 1/4/2012; Reuters, 6/25/2012; OMB Watch, 6/25/2012; Washington Post, 6/25/2012; OMB Watch, 7/10/2012] Even one of the dissenters, Justice James C. Nelson, disagrees with the Citizens United characterizations that corporations are legally people, writing: “Corporations are not persons. Human beings are persons, and it is an affront to the inviolable dignity of our species that courts have created a legal fiction which forces people—human beings—to share fundamental, natural rights with soulless creatures of government. Worse still, while corporations and human beings share many of the same rights under the law, they clearly are not bound equally to the same codes of good conduct, decency, and morality, and they are not held equally accountable for their sins. Indeed, it is truly ironic that the death penalty and hell are reserved only to natural persons.” WTP’s director Donald Ferguson says after the decision that the case hinges on freedom of speech (see January 21, 2010): “The current state law says that if you own a business and you would like to use the resources of the business to speak out about how you see the law, you essentially have to ask prior permission from the state. Under the current regime, the state regulatory agencies and the newspapers basically have a monopoly on information. We’re simply trying to put more free speech in motion.” [Los Angeles Times, 1/4/2012; Huffington Post, 1/4/2012]
Legal Scholars Anticipate Montana Ruling to be Overturned - Paul Ryan of the Campaign Legal Center calls the Montana high court’s ruling “an antidote to the crabbed view of corruption” displayed in Citizens United. Ryan, like many others, anticipates the US Supreme Court will overturn today’s ruling. [Huffington Post, 1/4/2012] One of those others is law professor Richard Hasen, who writes: “[I]f the Court were being honest in Citizens United, it would have said something like: ‘We don’t care whether or not independent spending can or cannot corrupt; the First Amendment trumps this risk of corruption.’ But the Court didn’t say that, because it would have faced even greater criticism than it already has. So it dressed up its value judgment (no corruption ‘implied in law’) as a factual statement. The Montana Supreme Court called SCOTUS [the US Supreme Court] on this. And when SCOTUS reverses, the disingenuousness of this aspect of CU will be on full display for all.” Hasen is referring to the Court’s finding in Citizens United that independent spending in elections does not legally imply corruption. [Rick Hasen, 1/1/2012]
Appeal to Supreme Court - Attorneys for WTP and the other corporate plaintiffs will appeal to the US Supreme Court on the grounds that Montana is bound by the Citizens United decision and that the decision applies to state as well as federal elections. Attorney James Bopp, in filing the appeal, will say: “If Montana can ban core political speech because of Montana’s unique characteristics, free speech will be seriously harmed. Speakers will be silenced because of corruption by others over a century ago.” The US Supreme Court will quickly issue a stay of that decision. [Reuters, 6/25/2012; OMB Watch, 6/25/2012] When the case reaches the US Supreme Court, the name of the plaintiff will change into “American Tradition Partnership,” and the Court’s documentation will reflect that change. The Court will overrule the Montana decision (see June 25, 2012). After the decision, American Tradition Partnership’s Web site will disappear, but the liberal accountability organization SourceWatch will describe the organization’s parent, the American Tradition Institute, as described in the group’s mission statement: “a public policy research and educational foundation… founded in 2009 to help lead the national discussion about environmental issues, including air and water quality and regulation, responsible land use, natural resource management, energy development, property rights, and free-market principles of stewardship.” ATI and its affiliates are pro-development and against expanded environmental regulation, according to SourceWatch’s documentation, made up of “a broader network of groups with close ties to energy interests that have long fought greenhouse gas regulation.” [SourceWatch, 2012]

Entity Tags: American Tradition Institute, American Tradition Partnership, Donald Ferguson, James C. Nelson, 1912 Corrupt Practices Act (Montana), SourceWatch, US Supreme Court, Paul S. Ryan, Montana Supreme Court, James Bopp, Jr, Richard L. Hasen

Timeline Tags: Civil Liberties

Rick Santorum, campaigning in January 2012.Rick Santorum, campaigning in January 2012. [Source: New Orleans Times-Picayune]Republican presidential candidate Rick Santorum (R-PA), enjoying a surge of popularity among Iowa caucus voters, makes what many perceive as a racially biased attack on poor black Americans. At a campaign stop in Sioux City, Iowa, Santorum points to African-Americans as being the major recipients of federal economic assistance, and tells a largely white audience that he does not want to “make black people’s lives better by giving them somebody else’s money.” The federal social welfare system is being used to exploit its beneficiaries, Santorum says, according to a CBS News transcript, and adds: “It just keeps expanding—I was in Indianola a few months ago and I was talking to someone who works in the Department of Public Welfare here, and she told me that the state of Iowa is going to get fined if they don’t sign up more people under the Medicaid program. They’re just pushing harder and harder to get more and more of you dependent upon them so they can get your vote. That’s what the bottom line is.… I don’t want to make black people’s lives better by giving them somebody else’s money; I want to give them the opportunity to go out and earn the money.” Santorum’s original question was about reducing foreign influence on American culture. Asked about his statement by CBS reporter Scott Pelley, Santorum says he is not aware of the context of his remark, but says he recently watched the documentary Waiting for Superman, which examines American public schools. Apparently referring to his own statement, he says: “I’ve seen that quote, I haven’t seen the context in which that was made. Yesterday I talked for example about a movie called, um, what was it? ‘Waiting for Superman,’ which was about black children and so I don’t know whether it was in response and I was talking about that.” (The film depicts students from a variety of races, and does not focus on a particular racial group.) He adds: “Let me just say that no matter what, I want to make every lives [sic] better—I don’t want anybody—and if you look at what I’ve been saying, I’ve been pretty clear about my concern for dependency in this country and concern for people not being more dependent on our government, whatever their race or ethnicity is.” (Think Progress reporter Marie Diamond calls Santorum’s response “bizarre.”) CBS finds that 84 percent of Iowa’s welfare recipients are white; only 9 percent of Iowans on welfare are black. Nationally, 39 percent of welfare recipients are white, 37 percent black, and 17 percent Hispanic. The poverty statistics between the three races are heavily skewed, with 27.4 percent of blacks living in poverty, 26.6 percent of Hispanics, and 9.9 percent of whites. Diamond writes, “Santorum’s decision to single out black welfare recipients plays right into insulting—and inaccurate—stereotypes of the kind of people some voters might expect to want a ‘handout.’” [CBS News, 1/2/2012; Raw Story, 1/2/2012; Think Progress, 1/3/2012]
Appeal to Conservative Iowa Voters? - Raw Story’s Stephen C. Webster writes that Santorum may be trying to appeal to conservative Iowan voters with his thinly veiled racial attack. Ninety-one percent of Iowans are white. [Raw Story, 1/2/2012]
Santorum Claims He Said 'Blah,' Not 'Black' - Two days after making the remark, and one day after acknowledging to Pelley that he had intended to single out blacks in his statement, Santorum denies using the word “black” in his statement, and denies making any racial allusion. He tells CNN’s John King: “I’ve looked at that quote, in fact I looked at the video. In fact, I’m pretty confident I didn’t say black. I started to say is a word and then sort of changed and it sort of—blah—mumbled it and sort of changed my thought.” On Fox News, Santorum says: “I don’t single out on any group of people, that’s one thing I don’t do. I don’t divide people by group and race and class. I believe that in no people in this country. And I condemn all forms of racism. There’s no one that’s been out here working, as you know, in the inner city, and with people of all different races.” He says that the criticism over the remark is from “someone trying to cause trouble.” [Raw Story, 1/3/2012; Think Progress, 1/5/2012] Conservative blogger Ed Morrissey pins the blame on CBS for using the word “black” in its transcript of Santorum’s remarks. According to Morrissey’s interpretation of the video, Santorum said, stumbling over the key word, “I don’t want to make [pause] lives, people’s lives better by giving them somebody else’s money.” CBS “put words in [Santorum’s] mouth,” Morrissey accuses. [Ed Morrissey, 1/3/2012] Mediaite’s Tommy Christopher says there is room for doubt that Santorum used the word, and writes that Santorum said, “I don’t want to make… mmbligh… people’s lives better.” Christopher believes that Santorum may have intended to say the word “black,” but choked it off in mid-word. Christopher embeds a video clip from CBS in his article, and concludes, “The viewer can judge, but even as an LGBT-friendly liberal, I’m inclined to give Santorum the benefit of the doubt here.” [Mediaite, 1/3/2012] NPR also reported Santorum as using the word “black” in his comment. [National Public Radio, 1/3/2012] The National Urban League takes the stance that Santorum indeed singled out blacks for his criticism. NUL president Marc Morial accuses Santorum of pandering to racists in the GOP, and says: “Senator Santorum is perpetuating a thoroughly false and destructive racial stereotype in a desperate attempt to score political points. He is appealing to the lowest common denominator within the electorate and quite frankly should be ashamed of himself.… Social safety net programs serve families in dire circumstances from all walks of life. Many of those who now find themselves in need, whatever their ethnic background, are the very people who have contributed into these programs throughout their entire working lives. By falsely suggesting that people of color are a disproportionate drain on resources provided mainly by whites, Santorum deliberately fans the flames of racial divisiveness.” Morial notes that in 2005, Santorum admitted that he earned over $162,000 a year as a US senator and lived in a $643,361 home, but depended on his parents, retired federal employees, for financial assistance. Morial notes, “Most people receiving assistance are not earning six-figure salaries and living in a lavish suburban mansion.” [National Urban League, 1/3/2012] The NAACP’s Benjamin Jealous, appearing on a show hosted by MSNBC’s Ed Schultz, later says that it is obvious Santorum did say “black people” and Santorum’s denials “defy logic.” Jealous says Santorum’s comments were “divisive, wrong, and based on stereotypes.” The vast majority of SNAP recipients are non-blacks, Jealous says, “and yet, when [Santorum] thinks public assistance, he thinks black, and that’s just unfortunate.” [MSNBC, 1/5/2012] Think Progress’s Alex Seitz-Wald will later write, “There’s ample video evidence suggesting that Santorum did, in fact, say ‘black,’ but Santorum’s denial is especially surprising considering that he seemed to acknowledge making the comments earlier yesterday.” [Think Progress, 1/5/2012] NewsOne’s Terrell Jermaine Starr later writes that it is obvious Santorum said “black,” and observes: “Rick Santorum must think we’re stuck on stupid.… [E]ven if he was referring to ‘blah people,’ from which demographic do they come? Is this racial category (if ‘blah people’ are a race at all) on the US Census?” [NewsOne, 1/5/2012] Santorum will later claim that he actually said the word “plives,” and not “black.” He will explain that he was briefly tongue-tied while trying to say “people’s lives,” and had no intention of saying “black people’s lives.” He will also claim that he has done more in black communities “than any Republican in recent memory.” [Think Progress, 1/10/2012]

Entity Tags: Marc H. Morial, CBS News, Ed Morrissey, Edward Andrew (“Ed”) Schultz, John King, Alex Seitz-Wald, Marie Diamond, Benjamin Jealous, Terrell Jermaine Starr, Tommy Christopher, National Public Radio, National Urban League, Stephen C. Webster, Scott Pelley, Rick Santorum

Timeline Tags: Domestic Propaganda, 2012 Elections

Presidential candidate Rick Santorum (R-PA) reiterates his long-held belief that individual states should have the right to outlaw the use and availability of contraception if they so choose. “The state has a right to do that, I have never questioned that the state has a right to do that,” he tells an ABC News reporter. “It is not a constitutional right, the state has the right to pass whatever statues they have.” Think Progress’s Igor Volsky notes that Santorum has long stated his opposition to the 1965 Supreme Court ruling that invalidated a Connecticut law banning contraception, and has promised that he would entirely take away federal funding for contraception if elected president. Volsky cites data noting that 99 percent of American women between the ages of 15 and 44 have used contraception, and contraceptive devices are mainstays in the effort to prevent unwanted pregnancies and reduce the spread of sexually transmitted diseases. According to the Guttmacher Institute, without federal funding through Medicaid and Title X, “abortions occurring in the United States would be nearly two-thirds higher among women overall and among teens; the number of unintended pregnancies among poor women would nearly double.” [ABC News, 1/2/2012; Think Progress, 1/3/2012]

Entity Tags: Igor Volsky, Rick Santorum, Guttmacher Institute

Timeline Tags: US Health Care

Washington Post columnist Ruth Marcus sharply criticizes the actions of so-called “super PACs.” Super PACs are political organizations that exist to influence elections, which take unlimited amounts of outside money from donors, including individuals, unions, and corporations, and pool that money to advocate for or against a candidate (see March 26, 2010). By law, super PACs are supposed to operate independently of a candidate’s official campaign organization. A mere 12 donors, including several corporations, one union, and a number of billionaires, made up over half of the donations given to super PACs in the first half of 2011, and Republican super PACs have outraised Democratic super PACs by more than a 2-1 margin (see August 4, 2011). Marcus writes that the presidential election is already devolving into an affair “without meaningful contribution limits or timely disclosure, outsourced to political action committees whose spending often dwarfs that of the candidates they support.” The PACs and super PACs rarely obey the law and operate independently of the candidates they support. The Republican primary season demonstrates just how powerful they are: the super PAC supporting presidential candidate Mitt Romney (R-MA), “Restore Our Future,” has spent $4 million attacking Republican candidate Newt Gingrich (R-GA). The veneer of independence for Restore Our Future is thin: it is run by former Romney political director Carl Forti, its treasurer Charles Spies was Romney’s general counsel, its head fundraiser Steve Roche used to head the Romney 2012 finance team, and Romney has spoken at Restore Our Future events (see June 23, 2011). However, Marcus notes, “up-to-date information about who is bankrolling this effort will not be available until the end of January, by which point four states will have voted and Romney may have the nomination wrapped up.” Restore Our Future was last required to report its donors to the Federal Election Commission (FEC) in July 2011, when it reported raising $12 million. Gingrich’s own super PAC, “Winning Our Future,” is primarily funded by billionaire casino owner Sheldon Adelson, and their fellow Republican candidate Governor Rick Perry (R-TX) has the super PAC “Make Us Great Again.” Long-shot Republican candidate Jon Huntsman’s super PAC, “Our Destiny,” is reportedly funded primarily by Huntsman’s wealthy father. And President Obama’s super PAC, “Priorities USA Action,” has launched anti-Romney ads. Marcus writes, “The rise of these groups erodes the twin pillars of a functional campaign finance system: limits on the size of contributions and timely information about who is writing the checks.” Her concerns are echoed by veteran campaign finance reformer Fred Wertheimer, who recently said: “The establishment of the candidate-specific super PAC is a vehicle to completely destroy candidate contribution limits. It is a vehicle that will spread to Congress and it will lead us back to a system of pure legalized bribery, because you will be back, pre-Watergate, to unlimited contributions that are going for all practical purposes directly to candidates.” For now, super PACs, with their supposed independence, are free to air advertisements attacking opposing candidates while the candidate they support, Marcus writes, “gets to remain above the fray, not required to appear on camera to say that he or she approved this message.” FEC official Ellen Weintraub tells Marcus, “I view the super PAC as the evil twin of the candidate’s campaign committee.” Referring to the legal limit of $2,500 for donations to candidates from individual or corporate donors, Weintraub says, “How can it possibly be true that to give more than $2,500 to a candidate is potentially corrupting but to give millions to an outside group that is acting on the candidate’s behalf is not?” Marcus concludes by saying that “dangerous” super PACs will only increase their influence as the presidential campaign season continues. [Washington Post, 1/3/2012]

Entity Tags: Fred Wertheimer, Willard Mitt Romney, Winning Our Future, Charles R. Spies, Carl Forti, Barack Obama, Washington Post, Federal Election Commission, Steve Roche, Ruth Marcus, Make Us Great Again, Jon Huntsman, James Richard (“Rick”) Perry, Newt Gingrich, Priorities USA Action, Ellen L. Weintraub, Our Destiny, Sheldon Adelson, Restore Our Future

Timeline Tags: Civil Liberties, 2012 Elections

Author and columnist Steven Rosenfeld writes that the big winner of the 2012 Iowa caucuses is likely not any of the Republican presidential candidates, but the “independent” super PACs (see March 26, 2010, June 23, 2011, and November 23, 2011) that dominated spending in that state during the primary campaign (see January 3, 2012). Rosenfeld calls super PACs “satellite political campaigns that supposedly act independently of the candidates,” but patently do not. The process has become predictable, Rosenfeld writes: the candidate’s campaign, stating the candidate’s name as “approv[ing] this message,” airs positive, uplifting ads, while the super PAC working with that candidate airs a barrage of negative ads that slam other candidates while never stating the candidate being supported. “And then the candidates hypocritically decry their mudslinging allies,” Rosenfeld writes. Some of the Republican campaign ads were critical of the super PAC attacks on their candidates. Iowa citizen Jill Jepsen told a reporter: “Oh goodness. I just don’t listen to it. I can’t listen to it. It makes me sick.” Super PACs are required by law to report their donors, but their lawyers have been successful in filing papers to push back filing deadlines until after early primaries. Rosenfeld writes, “Such intentional secrecy means the handful of big money donors behind these groups—there were 264 registered PACs as of last week, with assets of $32 million—will not be accountable to anyone other than their candidate of choice.” The super PACs have plenty of money for later primaries, according to information from the Center for Responsive Politics. Rosenfeld cites recent remarks by law school professor Kendall Thomas, who told an audience that in his opinion, super PACs are a perfect representation of “the face of American capitalism.” The Citizens United decision (see January 21, 2010) would, in Rosenfeld’s description of Thomas’s words, “unleash outsized and unaccountable players into the American political arena… just as globalization has ushered large corporate players into the international economic order.” Thomas said, “We need to contest the vision of politics, and the vision of politics embraced in Citizens United, which views citizenship and constitutional democracy as part of the world of commodities.” Rosenfeld concludes: “[T]he losers in the Iowa caucuses are not just the Republicans with the fewest supporters. They are that state’s voters—and voters in the primary and caucus states to follow—who will experience a political process increasingly distant from their lives.” [AlterNet, 1/4/2012]

Entity Tags: Kendall Thomas, Steven Rosenfeld, Jill Jepsen

Timeline Tags: Civil Liberties, 2012 Elections

Sheldon Adelson at a celebration of the opening of his Sands Cotai Central casino in Macau, April 2012.Sheldon Adelson at a celebration of the opening of his Sands Cotai Central casino in Macau, April 2012. [Source: Aaron Tam / AFP / Getty Images / ProPublica]Casino owner Sheldon Adelson, one of America’s wealthiest individuals, gives $5 million to a super PAC acting on behalf of Republican presidential candidate Newt Gingrich. Adelson’s fortune comes from casinos he owns in Las Vegas and Asia. Adelson has let it be known that he intends to donate much more during the campaign season, both in the primaries and in the general election, when a Republican will challenge President Obama for the presidency. The Washington Post calls Adelson’s donation “the latest in an avalanche of campaign cash flooding the presidential season to independent groups known as super PACs.” Adelson donates the money to Winning Our Future, a super PAC whose predecessor, American Solutions for Winning the Future (ASWF), is plagued with allegations of misconduct and illicit involvement by Gingrich (see December 19, 2011). ASWF was also a benefactor of Adelson’s donations, both monetary and in Adelson’s permission for Gingrich to use his personal aircraft. According to a person close to Adelson, the billionaire is willing to spend at least $5 million more, either on Gingrich or the Republican nominee for president. The source adds that Adelson wants to keep Gingrich competitive in the primary race at least through the January 21 South Carolina primary. If Gingrich does well in South Carolina, as he is predicted to, the source says Gingrich’s super PAC may well receive another hefty donation. In December 2011, Adelson denied saying he planned on donating $20 million to the organization. Adelson and his wife Miriam have known Gingrich since the mid-1990s, when Adelson was locked in disputes with labor unions and government regulators over his construction of the massive Venetian casino in Las Vegas. Like Gingrich, Adelson is extremely conservative on the subject of Israel. Gingrich, buoyed with super PAC donations in recent weeks, did well in the Iowa caucuses (see January 3, 2012) against frontrunner Mitt Romney, whose own super PAC, Restore Our Future, has a stable of wealthy donors keeping pro-Romney and anti-Gingrich ads on the airwaves (see June 23, 2011 and January 3, 2012). Reportedly, Romney’s supporters begged Adelson not to make his contribution to Gingrich, and instead to let Gingrich’s campaign wither without Adelson’s support. Gingrich’s campaign intends to use much of the donation for airtime in South Carolina, and to air portions of a film documenting Romney’s time as CEO of Bain Capital, a private equity firm that oversaw the bankruptcy and dissolution of numerous small businesses and corporations. Gingrich claims Adelson is acting entirely on his own, saying, “If he wants to counterbalance Romney’s millionaires, I have no objection to him counterbalancing Romney’s millionaires.” [Washington Post, 1/7/2012; New York Times, 1/9/2012] Slate columnist Will Oremus observes: “There’s no question that Gingrich has been paid for by Sheldon Adelson. It’s up to voters to decide whether he’s been bought.” [Slate, 1/27/2012]

Entity Tags: Newt Gingrich, Bain Capital, American Solutions for Winning the Future, Miriam Adelson, Winning Our Future, Will Oremus, Restore Our Future, Willard Mitt Romney, Washington Post, Sheldon Adelson, Barack Obama

Timeline Tags: Civil Liberties, 2012 Elections

The Republican National Committee (RNC) files a court brief calling the federal ban on direct corporate donations to candidates unconstitutional, and demanding it be overturned. Such direct donations are one of the few restrictions remaining on wealthy candidates wishing to influence elections after the 2010 Citizens United decision (see January 21, 2010). The brief is in essence an appeal of a 2011 decision refusing to allow such direct donations (see May 26, 2011 and After). The RNC case echoes a request from Senator Mike Lee (R-UT) that he be allowed to form and direct his own super PAC (see November 23, 2011), and recent remarks by Republican presidential frontrunner Mitt Romney (R-MA) calling for donors to be allowed to contribute unlimited amounts to candidates (see December 21, 2011). The RNC brief claims: “Most corporations are not large entities waiting to flood the political system with contributions to curry influence. Most corporations are small businesses. As the Court noted in Citizens United, ‘more than 75 percent of corporations whose income is taxed under federal law have less than $1 million in receipts per year,’ while ‘96 percent of the 3 million businesses that belong to the US Chamber of Commerce have fewer than 100 employees.’ While the concept of corporate contributions evokes images of organizations like Exxon or Halliburton, with large numbers of shareholders and large corporate treasuries, the reality is that most corporations in the United States are small businesses more akin to a neighborhood store. Yet § 441b does not distinguish between these different types of entities; under § 441b, a corporation is a corporation. As such, it is over-inclusive.” Think Progress legal analyst Ian Millhiser says the RNC is attempting to refocus the discussion about corporate contributions onto “mom and pop stores” and away from large, wealthy corporations willing to donate millions to candidates’ campaigns. If the court finds in favor of the RNC, Millhiser writes: “it will effectively destroy any limits on the amount of money wealthy individuals or corporation[s] can give to candidates. In most states, all that is necessary to form a new corporation is to file the right paperwork in the appropriate government office. Moreover, nothing prevents one corporation from owning another corporation. For this reason, a Wall Street tycoon who wanted to give as much as a billion dollars to fund a campaign could do so simply by creating a series of shell corporations that exist for the sole purpose of evading the ban on massive dollar donations to candidates” (see October 30, 2011). [United States of America v. Danielcytk and Biagi, 1/10/2012 pdf file; Think Progress, 1/11/2012] The RNC made a similar attempt in 2010, in the aftermath of Citizens United; the Supreme Court refused to hear an appeal of its rejection. [New York Times, 5/3/2010; Tom Goldstein, 5/14/2012] Over 100 years of US jurisprudence and legislation has consistently barred corporations from making such unlimited donations (see 1883, 1896, December 5, 1905, 1907, June 25, 1910, 1925, 1935, 1940, March 11, 1957, February 7, 1972, 1974, May 11, 1976, January 30, 1976, January 8, 1980, March 27, 1990, March 27, 2002, and December 10, 2003). Shortly after the Citizens United ruling, RNC lawyer James Bopp Jr. confirmed that this case, like the Citizens United case and others (see Mid-2004 and After), was part of a long-term strategy to completely dismantle campaign finance law (see January 25, 2010).

Entity Tags: Republican National Committee, Halliburton, Inc., ExxonMobil, Ian Millhiser, Michael Shumway (“Mike”) Lee, Willard Mitt Romney, US Supreme Court, US Chamber of Commerce, James Bopp, Jr

Timeline Tags: Civil Liberties, 2012 Elections

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

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

Timeline Tags: Civil Liberties, 2012 Elections

Main Street Alliance logo.Main Street Alliance logo. [Source: Alliance for a Just Society]According to a survey conducted by three business groups, two-thirds of small-business owners believe that the Citizens United decision (see January 21, 2010) is bad for small businesses. The survey of 500 small business leaders is released by the American Sustainable Business Council, the Main Street Alliance, and the Small Business Majority. Sixty-six percent of respondents say that the Citizens United decision has hurt business, while only 9 percent view it favorably. Eighty-eight percent of small business owners hold a negative view of the role money plays in politics, and 68 percent view it very negatively. David Levine of the American Sustainable Business Council says: “As we approach the two-year anniversary of the Citizens United case, the verdict is loud and clear: the ruling hurts the small businesses that we need to be strong for economic recovery. Business owners are frustrated because they have to compete with big business bank accounts to be heard, and they are fighting back. More than 1,000 business owners have joined ASBC’s Business for Democracy campaign to fight for a constitutional amendment that overturns this decision” (see November 23, 2010, November 1, 2011, November 18, 2011, and December 20, 2011). Small Business Majority founder and CEO John Arensmeyer says: “America’s entrepreneurs feel corporations have an outsized role and say in politics—to the detriment of the small business community. They’re looking for a level playing field, and as the country’s primary job creators, they should have it.” Melanie Collins, who leads the Maine Small Business Coalition and the Main Street Alliance, says: “Small business owners aren’t stupid. We know who wins when corporate heavy hitters can spend all the money they want, as secretively as they want, to influence our country’s elections—and it’s not us. The Citizens United decision stacked the deck against small businesses. We’ve got to unstack that deck.” [The Main Street Alliance, 1/18/2012 pdf file] Marie Diamond of the liberal news Web site Think Progress agrees, writing: “Small business has been hailed by legislators of both parties as the undisputed engine of economic growth. Fifty-one percent of Americans are employed by small business, and small businesses generate 70 percent of new private sector jobs. But they increasingly find their needs ignored by lawmakers who favor corporate contributors with deeper pockets.” [Think Progress, 1/18/2012]

Entity Tags: Marie Diamond, American Sustainable Business Council, David Levine, Main Street Alliance, Small Business Majority, John Arensmeyer, Melanie Collins

Timeline Tags: Civil Liberties

Senator John McCain (R-AZ) and former Senator Russ Feingold (D-WI) issue a joint statement on the two-year anniversary of the Citizens United ruling (see January 21, 2010), condemning it. The ruling effectively gutted their signature campaign finance law (see March 27, 2002). The statement, issued through Feingold’s group Progressives United, reads: “Two years ago, the Supreme Court handed down one of the worst, and most radically activist decisions in the Court’s history, Citizens United. Overturning more than a century of settled law, and with an unprecedented naiveté of the political process, the Court charted a course for legalized bribery. Sadly, both Democrats and Republicans are now following the dangerous road of unlimited money in politics. There is no question whether scandal will arise from this decision; the only question is when (see October 30, 2011 and December 19, 2011). On this anniversary, we call on both parties to work together to remedy the obvious damage to our political system caused by the Citizens United decision.” [TPM LiveWire, 1/20/2012]

Entity Tags: Russell D. Feingold, John McCain, Progressives United

Timeline Tags: Civil Liberties

Former Republican presidential candidate Tim Pawlenty (R-MN), now a supporter of Republican frontrunner Mitt Romney (R-MA), tells a reporter from the liberal news Web site Think Progress that the 2010 Citizens United decision allowing donors to contribute unlimited amounts of money to independent groups supporting individual candidates (see January 21, 2010) is “leveling the playing field” in politics. Reporters Scott Keyes and Travis Waldron call Pawlenty’s comment “a turn of phrase that would give George Orwell satisfaction.” Since the decision, a relatively small number of wealthy corporations and individuals have transformed US politics with their multi-million dollar donations (see January 21-22, 2010, March 26, 2010, August 2, 2010, September 13-16, 2010, September 21 - November 1, 2010, September 28, 2010, October 2010, Around October 27, 2010, November 1, 2010, (May 4, 2011), May 5, 2011, July 12, 2011, August 4, 2011, October 27, 2011, October 30, 2011, December 1, 2011, December 19, 2011, January 3, 2012, and January 6, 2012). But Pawlenty seemingly believes that campaign finance laws are still too restrictive, and says he believes that donors should be able to make unlimited donations directly to candidates (see December 21, 2011 and January 10, 2012) instead of making those donations to third-party groups. Pawlenty refuses to say the Citizens United decision will help Romney defeat President Obama in the November general election, and instead says that the decision helps “free speech” (see January 21, 2010 and January 22, 2010). Pawlenty continues: “Every time they try to contain speech, it pops up somewhere else. This is just me talking personally, I’m not speaking for Mitt’s position on this. The better position is to allow full and free speech in whatever form, but have instant disclosure.” Keyes asks, “You’re talking completely unlimited donations?” and Pawlenty responds: “We have that now, it’s just a question of where the money gets pushed to the third party groups. This leveling the playing field to some extent because in the past, unions in particular (see June 25, 1943 and June 23, 1947) and other interest groups had an advantage in the old system. Now the playing field’s being leveled a little bit.” He clarifies: “Right now, with super PACs and third party groups, there’s essentially unlimited giving to various aligned super PACs and groups. The point is, the United States Supreme Court has spoken. They have said we’re going to have free speech as it relates to political contributions. The First Amendment should be respected and protected, but I think we should also have full disclosure.” Keyes and Waldron write that billionaire corporate owners such as the Koch brothers (see 1977-Present, 1979-1980, 1997, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, November 2009, December 6, 2009, April 2010 and After, July 3-4, 2010, June 26-28, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011) have pledged staggering amounts of money to defeat Obama in the November elections, and conclude, “This massive influx of unregulated campaign spending will almost certainly be the new normal as wealthy individuals and corporations find new ways to influence elections, helped in large part by the now-two year old Citizens United decision.” [Think Progress, 1/21/2012]

Entity Tags: Travis Waldron, Barack Obama, US Supreme Court, Scott Keyes, Willard Mitt Romney, Tim Pawlenty

Timeline Tags: Civil Liberties, 2012 Elections

Nevada casino owner and billionaire Sheldon Adelson, who has already given an unprecedented $5 million to a super PAC supporting Republican presidential candidate Newt Gingrich (R-GA—see January 6, 2012), has his wife Miriam donate another $5 million to Gingrich’s super PAC, Winning Our Future. That organization spent over $6 million on “independent expenditures” in the recent South Carolina primary, mostly on attack ads against primary opponent Mitt Romney (R-MA). Winning Our Future outspent all other Republican super PACs involved in that primary, whose expenditures totaled some $5.3 million. The new $5 million contribution will likely go to Gingrich’s campaign efforts in Florida, which is seen as a “must-win” state for Gingrich. Other groups have already spent some $6.4 million in Florida. Think Progress reporter Josh Israel writes: “[T]his contribution will allow the pro-Gingrich super PAC to instantly achieve almost immediate parity.… At this pace, the Adelson family could outspend Gingrich’s competition by themselves.” The Adelson funds come from a joint account; Sheldon Adelson signed the first check and Miriam Adelson signs the second. [Los Angeles Times, 1/23/2012; Think Progress, 1/23/2012]

Entity Tags: Newt Gingrich, Josh Israel, Sheldon Adelson, Miriam Adelson, Winning Our Future

Timeline Tags: Civil Liberties, 2012 Elections

The conservative news outlet Sunshine State News notes that the conservative lobbying organization Americans for Prosperity (AFP—see Late 2004, October 2008, January 2009 and After, February 16, 2009, February 16-17, 2009, February 17, 2009, February 19, 2009 and After, April 2009 and After, April 8, 2009, May 29, 2009, July 23, 2009, July 27, 2009, August 5, 2009, August 6, 2009, August 6, 2009, August 10, 2009, August 14, 2009, October 2, 2009, November 2009, February 15, 2010, April 15, 2010, July 3-4, 2010, August 24, 2010, August 30, 2010, September 20, 2010 and August 17, 2011) is paying tea party leaders to serve as “field coordinators” in Florida in preparation for the upcoming Republican presidential primary. Reportedly, AFP is paying the tea party leaders $30,000 each to help increase AFP’s membership, and $2 for every new AFP member the tea party volunteers sign up at Florida polling stations on Election Day. According to an email from the West Orlando Tea Party organizers: “Americans for Prosperity has offered many local tea party groups an opportunity to collect a few dollar$ for our cause and it revolves around the January 31st primary. Anyone who volunteers from our group will net our WOTP group $2 for every person they ‘sign up’ for AFP which involves getting the name, address, and email of local voters at local polling stations that day. They will provide us with T-shirts, coffee mugs, and other handouts to recruit like-minded conservatives.” AFP’s Florida director Slade O’Brien says, “It’s an opportunity for tea parties to raise dollars for their organizations by helping AFP with an awareness and membership drive on Tuesday.” But critics say AFP is using the same tactics conservatives have accused the now-defunct Association of Community Organizations for Reform Now (ACORN) of using—“buying foot soldiers for election work.” Former AFP state director Apryl Marie Fogel says: “It’s reprehensible. Slade is doing things we would never have considered doing.… Incentivizing people with money is no different than what ACORN or other groups are doing.… This is the opposite of what AFP stands for.” AFP has already hired 10 coordinators, with plans to hire 10 more in the coming days. One coordinator in the Tampa area, Karen Jaroch, is a founding member of the Tampa 9/12 Project chapter (see March 13, 2009 and After), and she says that AFP’s involvement “might open some doors” to building a stronger movement. O’Brien denies that AFP is working on behalf of any particular Republican candidate, and both O’Brien and Jaroch deny that AFP is working on behalf of the Newt Gingrich (R-GA) campaign. “I don’t know any field coordinators for Newt,” Jaroch says. “One favors Mitt Romney and one supports Rick Santorum. I’m undecided.” The liberal news outlet Mother Jones notes that O’Brien is a veteran political consultant whose former firm, Florida Strategies Group, “specialized in Astroturf campaigns and ‘grass-tops lobbying.’” O’Brien worked for AFP’s predecessor, Citizens for a Sound Economy, in the 1990s. Mother Jones also speculates that the AFP drive is part of a Koch Brothers effort to construct a huge, nationwide database of conservative voters called “Themis” (see April 2010 and After). [Sunshine State News, 1/30/2012; Mother Jones, 1/30/2012]

Entity Tags: Mother Jones, Association of Community Organizations for Reform Now, Apryl Marie Fogel, Americans for Prosperity, Karen Jaroch, Willard Mitt Romney, Sunshine State News, Themis, Newt Gingrich, Rick Santorum, West Orlando Tea Party, Slade O’Brien, Citizens for a Sound Economy

Timeline Tags: Domestic Propaganda, 2012 Elections

The “independent” super PAC supporting the campaign of presidential aspirant Mitt Romney (R-MA), Restore Our Future (ROF—see June 23, 2011), releases its year-end campaign finance disclosure forms. Eighty-five percent of the 147 individual donors to ROF have also contributed the legal maximum to Romney’s official campaign committee. A large number of those donors are private equity managers, as Romney once was, or other wealthy members of the financial sector. Hedge fund investors Julian Robertson and Paul Singer contributed the maximum $2,500 to the Romney campaign, and $1 million apiece to ROF. Home builder Bob Perry and venture capitalist Steven Webster contributed the maximum $2,500 to the Romney campaign, and $50,000 apiece to ROF. Another five contributed the maximum $2,500 to the Romney campaign and $25,000 apiece to ROF. About $9 million of ROF contributions came from donors who had contributed the maximum amount to the Romney campaign. About $6 million came from venture capitalists, real estate developers, bankers, and investors. ROF has already spent some $17 million attacking Romney’s Republican primary opponents and another $800,000 on activities to support the Romney campaign, making it the most active super PAC to date. All of these contributions are legal under the Citizens United (see January 21, 2010) and SpeechNow (see March 26, 2010) court decisions. [Federal Election Commission, 1/31/2012; Think Progress, 2/1/2012]

Entity Tags: Steven Webster, Bobby Jack Perry, Julian Robertson, Willard Mitt Romney, Paul Singer, Restore Our Future

Timeline Tags: Civil Liberties, 2012 Elections

Oxbow Carbon logo.Oxbow Carbon logo. [Source: Mississippi Valley Transit and Transport]The presidential campaign of Mitt Romney (R-MA) has benefited from at least $1.22 million in donations from coal, oil, and gas corporations, which have given their donations to Romney’s “independent” super PAC, Restore Our Future (ROF—see June 23, 2011). ROF has already raised $30 million for Romney’s presidential campaign. It has spent $800,000 on pro-Romney ads and $17 million in ads attacking Romney’s Republican primary challengers. The entirety of ROF’s funds comes from fewer than 800 donors, and 85 percent of those donors have already given the maximum allowed under law—$2,500—to Romney’s campaign itself. Romney’s campaign has raised $500,000 from legitimate, aboveboard donations from oil and gas companies. Those same corporations have given far more to ROF, and are poised to give more. Some of the ROF energy industry donors are:
bullet Coal mining corporations: Oxbow Carbon at $750,000, Oxbow president William Koch at $250,000, and Consol Energy at $150,000.
bullet Oil and gas corporations: Ballard Exploration at $25,000, Bassoe Offshore president Jonathan Fairbanks at $25,000, Murphy Wade of Murphy Oil Corporation at $15,000, and Joseph Grigg of American Energy Operations at $5,000.
Oxbow Carbon’s Bill Koch contributed $250,000 to the Romney campaign; he is the brother of oil billionaires Charles and David Koch of Koch Industries (see 1977-Present, 1979-1980, 1997, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, November 2009, December 6, 2009, April 2010 and After, July 3-4, 2010, June 26-28, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011). Romney has benefited from the departure of primary challenger Rick Perry (R-TX); with Perry out of the race, Romney has received more money from mining and oil than any other presidential candidate. Think Progress’s Rebecca Leber says that with Romney’s increase in energy industry donations, his positions on energy issues have moved closer to the positions of his corporate supporters. Romney once supported regulations on coal pollution, but now questions whether carbon emissions are even dangerous. He has abandoned his belief in man-made climate change, and has criticized government regulations designed to force industries to produce cleaner energy. [Think Progress, 2/6/2012; Forbes, 9/2012]

Entity Tags: Joseph Grigg, Consol Energy, Ballard Exploration, Jonathan Fairbanks, William I. (“Bill”) Koch, Restore Our Future, James Richard (“Rick”) Perry, Murphy Wade, Rebecca Leber, Mitt Romney presidential campaign (2012), Oxbow Carbon, Willard Mitt Romney

Timeline Tags: Civil Liberties, 2012 Elections

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

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

Timeline Tags: Domestic Propaganda

The decision of the Montana Supreme Court to uphold Montana’s ban on corporate donations to political campaigns (see December 30, 2011 and After), which directly contradicts the US Supreme Court’s Citizens United decision (see January 21, 2010), is being appealed to the US Supreme Court. The plaintiffs, American Tradition Partnership (ATP) and the other two corporate entities that joined ATP in the original lawsuit, ask Justice Anthony Kennedy to issue a stay on the Montana high court verdict while the Supreme Court considers the appeal. In their application for a stay, the plaintiffs write: “The Montana Supreme Court held the ban constitutional despite the holding in [the Citizens United decision] that ‘[n]o sufficient governmental interest justifies limits on the political speech of nonprofit or for-profit corporations.’ Immediate relief is needed to prevent irreparable harm to the corporations’ First Amendment free-speech right. Montana’s primary elections are on June 5, making it vital that planning begin now for independent expenditures before the election.” The application also asks Kennedy to refer the matter to the Court, have it treated as a petition for review, and then summarily reverse the Montana Supreme Court. James Bopp, lead counsel for the plaintiffs, writes, “The lower court’s refusal to follow Citizens United is such an obvious, blatant disregard of its duty to follow this Court’s decisions that summary reversal is proper.” In a statement, Bopp adds: “Unequivocally, Citizens United means that corporate independent expenditure bans are invalid under the United States Constitution. The Montana Supreme Court has shirked its responsibility to follow that decisions and the United States Supreme Court should reverse their ruling.” The other two parties involved as plaintiffs are the Montana Shooting Sports Association and Champion Painting Inc. At least five justices vote to issue the stay, though an official decision to accept the case on appeal is still pending, and the Court has not spoken on the subject of summary reversal. Two justices who dissented from the Citizens United case, Ruth Bader Ginsberg and Stephen Breyer, agree that the Montana Supreme Court’s decision should be reviewed, but in a statement attached to the stay order, add: “Montana’s experience, and experience elsewhere since this Court’s decision in Citizens United v. Federal Election Comm’n, make it exceedingly difficult to maintain that independent expenditures by corporations ‘do not give rise to corruption or the appearance of corruption.’ A petition for certiorari will give the Court an opportunity to consider whether, in light of the huge sums currently deployed to buy candidates’ allegiance, Citizens United should continue to hold sway. Because lower courts are bound to follow this Court’s decisions until they are withdrawn or modified, however, I vote to grant the stay.” The stay allows Montana corporations to donate without restriction to super PACs operated on behalf of electoral candidates. [Legal Times, 2/10/2012; SCOTUSBlog, 2/17/2012; US Supreme Court, 2/17/2012 pdf file] The US Supreme Court will strike down the Montana ruling (see June 25, 2012).

Entity Tags: Montana Shooting Sports Association, American Tradition Partnership, Anthony Kennedy, James Bopp, Jr, Stephen Breyer, Champion Painting Inc., Montana Supreme Court, Ruth Bader Ginsberg, US Supreme Court

Timeline Tags: Civil Liberties

Billionaire oil magnate David Koch, who with his brother Charles Koch has become one of the driving financial forces behind the US conservative political movement (see 1977-Present, 1979-1980, 1997, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, November 2009, December 6, 2009, April 2010 and After, July 3-4, 2010, June 26-28, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011), gives an interview to the Palm Beach Post’s Stacey Singer. Koch, who rarely gives interviews, chose to meet with Singer because of her background as a health and science writer, according to Koch spokesperson Cristyne Nicholas. The interview focuses in part on the cancer research underway at the University of Texas’s MD Anderson Cancer Center, where Koch is being treated for prostate cancer. However, the interview also touches on the Koch brothers’ political participation. Singer begins her report of the interview by informing her readers of the media portrayal of the “secretive” brothers and their construction of what she calls “a clandestinely built political machine that disdains government regulation and taxes, obfuscates the science on global warming, and now pulls the strings of decision-makers at every level, from Florida Tea Party members to Wisconsin state senators—even US Supreme Court justices.” She writes that Koch seems “baffled” by that perception, saying: “They make me sound like a bully. Do I look like a bully?” According to Singer, Koch wants to improve his media image. The Koch brothers have given, Singer reports, “many millions to far-right organizations dedicated to spreading an Ayn Rand-infused ideology, one in which a benevolent business class flourishes, unfettered by taxes and regulations. Some have called it free-market fundamentalism.” Nicholas says Koch wants to be remembered more for his philanthropy than his political involvement. “That’s what his legacy will hopefully be: finding a cure for cancer,” she writes. “That is his goal in life right now and it far exceeds any political views he has. Which are strong.” Koch is proud of his political activism, admitting without restraint his organizations’ involvement in protecting Governor Scott Walker (R-WI) from being recalled. “We’re helping him, as we should. We’ve gotten pretty good at this over the years,” he says. “We’ve spent a lot of money in Wisconsin. We’re going to spend more.” The “we” in his statement is primarily Americans for Prosperity (AFP—see Late 2004), the “astroturf” lobbying and advocacy organization that is spending some $700,000 on a single advertisement buy in Wisconsin on Walker’s behalf, an ad that makes statements many union members and public workers say is filled with false and misleading praise for Walker’s policies. In a now-famous prank phone call, a blogger posing as Koch got Walker to say that his goal was to “crush” Wisconsin’s unions, a goal Koch may share, though he is more circumspect in his language. “What Scott Walker is doing with the public unions in Wisconsin is critically important,” Koch says after an expansive dinner featuring salmon and white wine. “He’s an impressive guy and he’s very courageous. If the unions win the recall, there will be no stopping union power.” Nicholas later “clarifies” Koch’s remarks, saying: “Koch companies support voluntary associations, and where they so choose, we recognize employees’ rights to be represented and bargain collectively. We think the best workplace relationships are fostered when the employer works directly with its employees. It is a mischaracterization of our principles to say this means we oppose unions or want to dismantle all unions.” Singer writes that Koch’s usage of the term “union power” seems as biting as one might have said “Bolshevik” in an earlier time—“a new red scare for a new century,” she writes. Besides funding such organizations as AFP, the Cato Institute, the Heritage Foundation, the Republican Governors Association, the American Legislative Exchange Council (where, Singer writes, “copycat conservative legislation is passed among conservative state politicos”), and others, the Koch brothers are one of the most powerful and influential financial forces behind the “tea party” movement, largely through AFP. Singer conducts the interview on February 11; the Palm Beach Post publishes the report based on the interview on February 20. [Palm Beach Post, 2/20/2012; Nation, 2/20/2012] Koch’s public admission of support for Walker could constitute a violation of the laws administering such “nonprofit” organizations as AFP, according to one journalist (see February 20, 2012).

Entity Tags: Cristyne Nicholas, Americans for Prosperity, American Legislative Exchange Council, Charles Koch, Stacey Singer, Palm Beach Post, Republican Governors Association, Heritage Foundation, David Koch, Cato Institute, Scott Kevin Walker, MD Anderson Cancer Center

Timeline Tags: Civil Liberties, 2012 Elections

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

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

Timeline Tags: US Health Care, 2012 Elections

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

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

Timeline Tags: Civil Liberties

Senator John McCain (R-AZ), the co-author of the 2002 McCain-Feingold campaign finance law (see March 27, 2002) that was dramatically curtailed by the 2010 Citizens United decision (see January 21, 2010), criticizes the decision on the Sunday morning talk show This Week. Asked by ABC reporter Jake Tapper about the state of the presidential campaign, McCain lambasts the Supreme Court for handing down the decision, saying: “I’ve been in very tough campaigns. I don’t think I’ve seen one that was as personal and as characterized by so many attacks as these are. And, quite frankly, one of the reasons is the super PACs. And why do we have the super PACs? Because of the ignorance and naivete of the United States Supreme Court in the Citizens United campaign.” [Mediaite, 2/19/2012] McCain, along with former Senator Russ Feingold (D-WI), issued a formal statement on the two-year anniversary of the decision that was highly critical of it (see January 20, 2012).

Entity Tags: John McCain, Russell D. Feingold, US Supreme Court, Jake Tapper

Timeline Tags: Civil Liberties

In response to a lengthy interview of oil billionaire David Koch conducted by the Palm Beach Post, John Nichols of the liberal magazine The Nation writes that Koch’s “bragging” about spending hundreds of thousands of dollars on behalf of Wisconsin Governor Scott Walker could well be considered inappropriate and perhaps illegal coordination with a political candidate (see February 11-20, 2012). Nonprofit, tax-exempt 501(c)3 organizations such as Americans for Prosperity (AFP) are not allowed to coordinate their activities with candidates or campaigns, but are required by law to operate independently (see March 26, 2010). Nichols writes of AFP’s “Stand with Walker” campaign: “These ads are supposedly independent expenditures by a not-for-profit organization that operates under tax rules established to benefit the work of ‘Religious, Educational, Charitable, Scientific, Literary, Testing for Public Safety, to Foster National or International Amateur Sports Competition, or Prevention of Cruelty to Children or Animals Organizations.’” The law is quite clear. Nichols quotes IRS tax law, which states: “Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. Contributions to political campaign funds or public statements of position (verbal or written) made on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity. Violating this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes.” AFP’s ads seem to violate these rules, Nichols writes. “So, while David Koch’s stated enthusiasm for Scott Walker was not surprising, his explanation of how that enthusiasm is being expressed politically was.” [Nation, 2/20/2012]

Entity Tags: John Nichols, David Koch, The Nation, Palm Beach Post, Scott Kevin Walker

Timeline Tags: Civil Liberties, 2012 Elections

The Republican presidential primaries are being largely controlled, at least from a financial standpoint, by a very few extraordinarily wealthy individuals, according to research provided by former Treasury Secretary Robert Reich and the news organization ProPublica. In January 2012, the campaign of frontrunner Rick Santorum (R-PA) was almost entirely funded by billionaires William Dore and multi-millionaire Foster Friess (see February 16-17, 2012), who between them supplied over three-quarters of the $2.1 million donated to Santorum’s “super PAC” “Red White and Blue Fund.” Dore is the president of a Louisiana energy corporation and Friess is a fund manager in Wyoming. Of the $11 million raised by the super PAC supporting Newt Gingrich (R-GA), $10 million came from Sheldon Adelson and his wife, Miriam. Adelson runs a casino ownership group in Las Vegas. Most of the rest of Gingrich’s funding came from Texas billionaire Harold Simmons. PayPal co-founder Peter Thiel provided $1.7 million of the $2.4 million raised in January by the super PAC for Ron Paul (R-TX). As for Mitt Romney (R-MA), himself a multi-millionaire, his super PAC “Restore Our Future” raised $6.6 million in January. Almost all of it came from 40 donors, including hedge fund billionaires Bruce Kovner, Julian Robertson (the largest donor at $1.25 million), and David Tepper, hotel owners J.W. Marriott and Richard Marriott, and Hewlett-Packard CEO Meg Whitman. The lobbying firm FreedomWorks (see 1984 and After, May 16, 2008, February 16-17, 2009, February 19, 2009 and After, February 27, 2009, March 13, 2009 and After, April 2009 and After, April 14, 2009, April 15, 2009, June 26, 2009, Late July, 2009, August 5, 2009, August 6, 2009, August 6-7, 2009, August 10, 2009, August 14, 2009, August 19, 2009, August 24, 2010, September 2010, September 12, 2010 and August 17, 2011) has contributed over $1.4 million to various Republican candidates. Reich writes, “Whoever emerges as the GOP standard-bearer will be deeply indebted to a handful of people, each of whom will expect a good return on their investment.” Reich goes on to cite American Crossroads’s “super PAC” Crossroads GPS, founded by Republican political consultant Karl Rove, and its lineup of corporate moguls contributing hundreds of millions of dollars. The lineup of Crossroads supporters includes Charles and David Koch (see 1940 and After, 1977-Present, 1979-1980, 1981-2010, 1984 and After, 1997, Late 2004, Late 2004, October 2008, August 5, 2009, November 2009, July 3-4, 2010, August 30, 2010, September 2010, August 17, 2011, April 2010 and After and October 4, 2011), and Harold Simmons, owner of Contran Corporation, who has contributed $10 million to the organization. Reich says there is no legal way to know exactly how much the Kochs and their fellows have contributed: “The public will never know who or what corporation gave what because, under IRS regulations, such nonprofit ‘social welfare organizations’ aren’t required to disclose the names of those who contributed to them.” The previous limit of $5,000 per year per individual was erased by the 2010 Supreme Court Citizens United v. Federal Election Commission decision, a decision Reich calls “grotesque.” Reich writes: “In a sense, Santorum, Gingrich, Paul, and Romney are the fronts. Dore et al. are the real investors.… Now, the limits are gone. And this comes precisely at a time when an almost unprecedented share of the nation’s income and wealth is accumulating at the top. Never before in the history of our Republic have so few spent so much to influence the votes of so many.” [The Atlantic, 2/2/2012; Salon, 2/21/2012; ProPublica, 2/21/2012] President Obama’s super PAC, “Priorities USA Action,” has received $2 million from Hollywood mogul Jeffrey Katzenberg and another $1 million from the Service Employees International Union’s Committee on Political Education (SEIU COPE). However, Priorities USA has raised relatively paltry sums in comparison to the monies raised by the Republican super PACs, according to a Reuters report. Obama and his re-election campaign had originally distanced themselves from the super PAC operating in their name, in part because they disapprove of the Citizens United decision and the influence of super PACs in electoral politics. Since the Obama campaign officially endorsed the organization, donations have risen. Obama campaign advisor David Axelrod says that Obama “believes that this is an unhealthy development in our political process, but it is a reality of the rules as they stand. This was not a quick decision, but he also feels a responsibility to win this election. There’s a lot hanging on this beyond him.” By the end of January, Priorities USA had raised $4.2 million. In contrast, Romney’s “Restore Our Future” had raised $36.8 million by the end of last month. [Reuters, 2/2012; ProPublica, 2/21/2012] Partly in response to reports of billionaires’ influence on the 2012 elections, comedian Bill Maher will announce his donation of $1 million to the Obama super PAC. Maher will tell an audience that an Obama victory over any of the Republican contenders is “worth a million dollars” and will describe the donation as “the wisest investment I think I could make.” [Los Angeles Times, 2/24/2012] Friess is often described in the press as a “billionaire,” but both Friess and Forbes magazine say that appellation is inaccurate. [Forbes, 2/8/2012]

The billionaire oil magnates and conservative political financiers Charles and David Koch (see 1979-1980, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011) launch a court battle to take control of the libertarian Cato Institute, a Washington-based think tank. The Cato Institute began in 1974 as the Charles Koch foundation and changed its name to the Cato Institute in 1976, with the support and funding of the Koch brothers (see 1977-Present). Until last year, the institute had four primary shareholders with a controlling interest: the Koch brothers, Cato president Edward H. Crane III, and William A. Niskanen, a former Reagan administration economic advisor who died in 2011. The Kochs believe that there should be only three shareholders now, which would give them complete control of the organization, but Crane says Niskanen’s 25 percent share should go to Niskanen’s widow, Kathryn Washburn. Koch lawyer Wes Edward says the dispute is about nothing but shareholder rights. Cato has 120 full-time staffers and around 100 visiting or adjunct scholars. Its annual operating budget is $23 million. [Politico, 3/1/2012]

Entity Tags: David Koch, Charles Koch, William A. Niskanen, Kathryn Washburn, Cato Institute, Edward H. Crane III, Wes Edward

Timeline Tags: Domestic Propaganda

Conservative talk show host Rush Limbaugh spends much of his three-hour show lambasting Georgetown University law student Sandra Fluke, who testified in opposition to a House amendment that would have allowed health care providers to deny contraceptive coverage and other health care necessities if they had religious or moral objections (see March 1, 2012). The day before, Limbaugh called Fluke a “slut” and a “prostitute” who is having “so much sex she can’t afford the contraception” and wants the government to pay for it (see February 29, 2012). Limbaugh begins by saying that Fluke and others who criticized his comments (see February 29, 2012 and March 1, 2012) were having “a conniption fit” that he finds “hilarious.” He offers a compromise, offering to buy “all the women at Georgetown University as much aspirin to put between their knees as possible” (see February 16-17, 2012), and says he believes he is being “quite compassionate.” Limbaugh later returns to the topic, saying that having the government pay for contraception is “flat-out thievery” that would force taxpayers to pay to “satisfy the sexual habits of female law students at Georgetown.” He characterizes Fluke’s objections to the House amendment as her saying: “I’m going broke having sex. I need government to provide me condoms and contraception. It’s not fair.… Ms. Fluke, have you ever heard of not having sex? Have you ever heard of not having sex so often?… Who bought your condoms in junior high? Who bought your condoms in the sixth grade? Or your contraception. Who bought your contraceptive pills in high school?” He says Fluke is apparently “having so much sex, it’s amazing she can still walk.… She and her co-ed classmates are having sex nearly three times a day for three years straight, apparently these deadbeat boyfriends or random hookups that these babes are encountering here, having sex with nearly three times a day.” He advises Fluke that she can get “free condoms and lube” from the Washington, DC, Department of Health. He then says: “So, Ms. Fluke and the rest of you feminazis (see May 21, 2007 and July 2008), here’s the deal. If we are going to pay for your contraceptives, and thus pay for you to have sex, we want something for it, and I’ll tell you what it is. We want you to post the videos online so we can all watch.” He finishes his tirade by accusing Fluke of being “a plant… an anti-Catholic plant from the get-go” who is working behind the scenes as part of a “Democratic plot” to “create a new welfare program and, at the same time, try to cast Republicans in an election year as anti-female.” Fluke, he says, is “a woman who is happily presenting herself as an immoral, baseless, no-purpose-to-her life woman. She wants all the sex in the world whenever she wants it, all the time, no consequences. No responsibility for her behavior.” He concludes that he, not Fluke, is the victim, and says he is being persecuted by those who wish to see him removed from the airwaves. [Think Progress, 3/1/2012; Media Matters, 3/1/2012; MSNBC, 3/2/2012]

Entity Tags: Rush Limbaugh, Sandra Fluke, Georgetown University

Timeline Tags: Domestic Propaganda

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