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Context of 'November 6, 2008: Minnesota Senate Candidate Asks Challenger to Forego Recount and Concede'

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The Pew Research Center’s Project for Excellence in Journalism releases a study that finds that, by and large, the media coverage for Republican presidential candidate John McCain has been more negative than that for his opponent, Democrat Barack Obama. The Center writes: “Press treatment of Obama has been somewhat more positive than negative, but not markedly so. But coverage of McCain has been heavily unfavorable—and has become more so over time.” The study also finds: “Much of the increased attention for McCain derived from actions by the senator himself, actions that, in the end, generated mostly negative assessments. In many ways, the arc of the media narrative during this phase of the 2008 general election might be best described as a drama in which John McCain has acted and Barack Obama has reacted.” The study also notes that coverage for McCain’s running mate, Alaska Governor Sarah Palin, “had an up and down trajectory, moving from quite positive, to very negative, to more mixed. What drove that tone toward a more unfavorable light was probing her public record and her encounters with the press. Little of her trouble came from coverage of her personal traits or family issues. In the end, she also received less than half the coverage of either presidential nominee, though about triple that of her vice presidential counterpart, Joe Biden. The findings suggest that, in the end, Palin’s portrayal in the press was not the major factor hurting McCain. Her coverage, while tilting negative, was far more positive than her running mate’s.” (Pew Research Center Project for Excellence in Journalism 10/22/2008) The progressive media watchdog site Media Matters will call the study “arguabl[y] flaw[ed]” and will note that it does not include conservative talk radio, whose coverage of the presidential campaign has amounted to what the site calls “an all-out effort to foment hate and suspicion of Obama among their listeners, promoting the most baseless and farfetched of smears and advancing falsehoods—including about Obama’s religion and background—that have taken hold among a substantial percentage of the electorate” (see July 9, 2008, August 1, 2008 and After, and November 10, 2008). (Media Matters 11/6/2008)

A Georgia court throws out a petition by the Reverend Tom Terry of Atlanta to force Georgia Secretary of State Karen Handel to either prove presidential candidate Barack Obama (D-IL) is an American citizen or remove him from the election ballot. “I bear no personal ill will against Barack Obama,” Terry says in a statement. “In fact, his election solely on the basis as the first African-American president-elect is a very positive thing for our nation. However, as an American, I have very grave concerns about Mr. Obama’s possible divided loyalties since he has strenuously and vigorously fought every request and every legal effort to force him to release his original birth certificate for public review and scrutiny (see June 13, 2008). I think that is significant.” Superior Court Judge Jerry W. Baxter refuses to hear the suit, ruling: “I don’t think you have standing to bring this suit. I think that the attorney general has argued the law. I think he is correct. I think you are not a lawyer.” Terry will appeal the suit, telling a reporter: “Hopefully, this action will be noticed by other states and they will also take a serious look at the meaning of Georgia’s Supreme Court’s actions. It is apropos that the Latin motto in the Georgia Supreme Court is interpreted: ‘Let justice be done, though the heavens fall.’ I think if the Court rules in my favor, that motto will come alive with meaning and impact.” (Schilling 11/13/2008)

Chicago resident Andy Martin, who has been accusing Senator Barack Obama (D-IL) of being a secret Muslim since 2004, abruptly shifts his story. Now, Martin claims, Obama is not the child of a Muslim father, Barack Obama Sr., as documents have clearly and repeatedly shown (see June 13, 2008, June 27, 2008, July 2008, and August 21, 2008), but the child of Frank Marshall Davis, an African-American activist who was suspected in the 1950s of having ties to Communist organizations. Martin’s accusations, though never supported by fact, have garnered a great deal of coverage in some corners of the Internet. Martin now tells a CNN reporter that Obama’s “father was Frank Marshall Davis.” He gives no proof, and implies he has nothing more than a gut feeling. Davis was a black poet and political activist who moved to Hawaii in 1948. He wrote for a newspaper which the House Un-American Activities Committee (HUAC) accused of being a Communist front. Right-wing Web sites have been claiming since 2007 that Davis was not only a Communist Party member but also the mentor to Obama in his teen years who he refers to in his autobiography as “Frank.” Martin’s most recent burst of prominence was an appearance on Sean Hannity’s Fox News broadcast, where he said that “Obama’s role as a community organizer [in Chicago] was a political staging ground perpetuated by the unrepentant terrorist William Ayers.” Martin also told Hannity that Obama “probably had met William Ayers in New York, and was coming here to lay the foundations for what he thought would be some sort of political movement.” An Obama presidency, Martin predicted, would lead to “a socialist revolution, which attempts to essentially freeze out anybody who’s not part of this radical ideology.” Martin readily admits that his current assertion about Obama’s parentage refutes his four-year-old claims that Obama is a Muslim. He calls himself “an honest writer and an honest researcher.… I’m known as a person who strives for the truth.” The fault is Obama’s, he says, because he “hasn’t told the truth to the American people.” (Edwards and Kane 10/27/2008) In a wide-ranging article about the “birther” controversy, Salon columnist Alex Koppelman will later note that Martin was denied an Illinois law license on the grounds that he was mentally unfit to practice law. (Koppelman 12/5/2008)

As reported by progressive media watchdog site Media Matters, many different conservative radio hosts repeat a falsehood about presidential candidate Barack Obama (D-IL) that originates on the Drudge Report. According to the original report, Obama told a radio audience in 2001 that he regretted the US Supreme Court did not pursue “wealth redistribution,” a concept some associate with socialism. Obama did not make such a statement; instead he said during that interview that it was a tragedy the civil rights movement “became so court-focused” in trying to bring about political and social equality. Minneapolis radio host Chris Baker misquotes Obama by claiming that he said “we gotta have economic justice and the Supreme Court ought to weigh in on redistributing wealth.” Baker adds: “Yeah, it’s too bad you kind of stuck with the Constitution as it was. It’s a tragedy that redistribution of wealth was not pursued by the Supreme Court. Can you believe that?” Baker also claims that Obama “wants to use the Supreme Court to reinterpret the Constitution in order to force the redistribution of wealth.” Baker is not the only radio host to repeat the falsehood. Sean Hannity tells his radio audience, referring to the 2001 interview, “Obama actually believes the Constitution is defective because it doesn’t allow judges to redistribute wealth.” He adds: “if he becomes president, [Obama] wants the Supreme Court and other federal courts to literally have the power to spread the wealth around and redistribute the wealth. Those are his words, his voice.” He goes on to say flatly, “Obama is a socialist.” Mark Levin tells his listeners, “what the [Supreme] Court should have done from Obama’s point of view was impose socialism from the bench.” Levin levels another false accusation against Obama: that he wants to reinterpret the 14th Amendment “to compel as a matter of constitutional law, the socialist agenda. In other words, constitutionalize redistribution of wealth.” Radio hosts Michael Savage, Jim Quinn, Brian Sussman, and others reiterate the claims, with Quinn telling listeners: “He just got done telling you that the Constitution’s only half-done. He needs to write the other half—you know, the other half where we decide how much we take from you and give to that guy down the street.” Like many of his colleagues, Sussman plays an edited clip of Obama’s 2001 statement to bolster his claims. (Media Matters 10/28/2008; Media Matters 11/6/2008)

Cover illustration of the ‘Hype’ DVD.Cover illustration of the ‘Hype’ DVD. [Source: Amazon (.com)]The conservative lobbying group Citizens United (CU) distributes hundreds of thousands of DVDs in newspapers throughout Ohio, Florida, and Nevada, all considered “swing states” in the upcoming presidential election. The DVDs contain a “documentary” entitled Hype: The Obama Effect and are characterized by CU as “truthful attack[s]” on Senator Barack Obama (D-IL). Previous advertisements for the film said the film portrays Obama as an “overhyped media darling,” and quoted conservative pundit Tucker Carlson as saying: “The press loves Obama. I mean not just love, but sort of like an early teenage crush.” The DVD distribution takes place just days before the November 4 election. CU says it is spending over a million dollars to distribute around 1.25 million DVDs, which are included with delivery and store-bought copies of five newspapers: the Columbus (Ohio) Dispatch, the Cincinnati Enquirer, the Cleveland Plain Dealer, the Palm Beach (Florida) Post, and the Las Vegas Review-Journal. The film attacks Obama’s record on abortion rights, foreign policy, and what the Associated Press calls his “past relationships” with, among others, his former pastor, Reverend Jeremiah Wright (see January 6-11, 2008). The DVD also attempts to tie Obama to political corruption in Illinois, and lambasts the news media for what CU calls its preferential treatment of Obama. CU president David Bossie says: “We think it’s a truthful attack. People can take it any way they want.” Bossie was fired from his position on a Republican House member’s staff in 1998 for releasing fraudulently edited transcripts of a former Clinton administration official to falsely imply that then-First Lady Hillary Clinton had committed crimes (see May 1998). Among those interviewed about Obama for the film are conservative columnist Robert Novak, conservative pundit Dick Morris, former Ohio Secretary of State Ken Blackwell, former Arkansas governor Mike Huckabee, former Senator Rick Santorum (R-PA), and author and pundit Jerome Corsi, whom the AP terms a “discredited critic” of Obama. Obama campaign spokesman Isaac Baker calls the DVD “slash and burn politics,” and says the DVD is another tactic of the presidential campaign of John McCain (R-AZ) to “smear” Obama with “dishonest, debunked attacks from the fringes of the far right.” (Falcone 7/22/2008; Elliott 10/28/2008; Schulman 10/29/2008)
Newspaper Official Defends Decision to Include DVD - Palm Beach Post general manager Charles Gerardi says of his paper’s decision to include the DVD in its Friday distribution: “Citizens United has every right to place this message as a paid advertisement, and our readers have every right to see it, even if they don’t agree with it. That we accepted it as a paid advertisement in no way implies that this newspaper agrees or disagrees with its message.” (Palm Beach Post 10/31/2008)
Falsehoods, Misrepresentations, and Lies - Within days, the liberal media watchdog organization Media Matters finds that the DVD is riddled with errors, misrepresentations, and lies.
Claim that Obama 'Threw' Illinois State Senate Election - On the DVD, author David Freddoso claims that in 1998, Obama managed to “thr[o]w all of his opponents off the ballot” to win an election to the Illinois State Senate, a claim that has been disproved.
Claim that Obama Refuses to Work with Republicans - Freddoso also asserts that there are no instances of Obama’s stints in the Illinois State Senate nor the US Senate where he was willing to work with Republicans on legislation, an assertion that Freddoso himself inadvertently disproves by citing several instances of legislation Obama joined with Republicans to pass.
Claim that Obama Wants to Raise Taxes on Middle Class and Small Business - The DVD’s narrator misrepresents Obama’s campaign statements to falsely claim that Obama has promised to “irrevocabl[y]” raise taxes on citizens making over $100,000 to fund Social Security; the reality is that Obama’s proposed tax increase would affect citizens making $250,000 or more. The DVD narrator makes similarly false claims about Obama’s stance on raising the capital gains tax, and on raising taxes on small business owners. Conservative radio host Armstrong Williams tells viewers that Obama will raise taxes on small businesses that employ only a few workers, when in fact Obama has repeatedly proposed cutting taxes on most small businesses. Huckabee makes similar claims later in the DVD.
Claim that Obama Supports Immigration 'Amnesty' - The narrator misrepresents Obama’s stance on immigration reform as “amnesty for the 12 to 20 million people who violated US immigration law,” a position that Obama’s “Plan for Immigration” rejects.
Claim that Obama Wants 'Centralized Government' Health Care - Blackwell, now a contributing editor for the conservative publication TownHall, falsely claims that Obama wants to implement what he calls “a centralized government program that hasn’t worked in Canada, hasn’t worked in England, that has actually taken the freedom from the consumer and limited the choices.” Organizations such as PolitiFact and the New York Times have called claims that Obama supports government-run “single payer” health care false.
Claim that Obama Refused to Protect Lives of Infants - Conservative columnist and anti-abortion activist Jill Stanek claims that Obama opposed legislation that would have protected the lives of babies “born alive” during botched abortion efforts, when in fact no such legislation was ever proposed—the law already protects babies in such circumstances—and the Illinois Department of Public Health has said no such case exists in its records. (Stanek has claimed that she has witnessed such incidents during her time as an Illinois hospital worker.) Stanek has said that she believes domestic violence against women who have had abortions is acceptable, claimed that Chinese people eat aborted fetuses as “much sought after delicacies,” and claimed that Obama “supports infanticide.”
Claim that Obama Supported Attack on Petraeus - The DVD narrator claims that as a US senator, Obama refused to vote for a bill that condemned an attack by liberal grassroots activist organization MoveOn.org on General David Petraeus. In reality, Obama did vote to support an amendment that condemned the MoveOn advertisement.
Claim that Obama Supported Award for Farrakhan - The DVD narrator claims that Obama has aligned himself with the controversial head of the Nation of Islam, Louis Farrakhan, and cites the 2007 decision by Obama’s then-church, Chicago’s Trinity United Church of Christ, to award a lifetime achievement award to Farrakhan. In reality, Obama denounced Farrakhan’s anti-Semitism, and stated that he did not agree with the Trinity decision to give Farrakhan the award.
Claim of Suspiciously Preferential Loan Rate - The DVD narrator claims that Obama received a suspiciously “preferential rate on his super-jumbo loan for the purchase” of a “mansion” in Hyde Park, Illinois, from Northern Trust, an Illinois bank. A Washington Post reporter did make such a claim in a report, but subsequent investigation by Politico and the Columbia Journalism Review showed that the rate Obama received on the loan was consistent with other loans Northern Trust made at the time and not significantly below the average loan rate.
'Citizen of the World' - Corsi claims that Obama does not consider himself an American, but a “citizen of the world.” Media Matters has found numerous instances where Obama proclaims himself a proud American as well as “a fellow citizen of the world.” In 1982, Media Matters notes, then-President Reagan addressed the United Nations General Assembly by saying, “I speak today as both a citizen of the United States and of the world.” Media Matters notes that Corsi’s anti-Obama book Obama Nation was widely and thoroughly debunked (see August 1, 2008 and After), and since its publication, Corsi has made a number of inflammatory and false accusations about Obama and his family (see August 15, 2008, August 16, 2008, September 7, 2008, October 8, 2008, October 9, 2008, July 21, 2009, and September 21, 2010). (Media Matters 10/30/2008)

Hawaii’s Director of Health Dr. Chiyome Fukino says she and the registrar of vital statistics, Alvin Onaka, have personally verified that the Hawaii Department of Health holds Senator Barack Obama (D-IL)‘s original birth certificate (see June 13, 2008, June 27, 2008, July 2008, and August 21, 2008). Fukino says that she has “personally seen and verified that the Department of Health has Senator Obama’s original birth certificate on record in accordance with state policies and procedures.” Fukino and Onaka thereby verify that Obama is, indeed, an American citizen. Fukino releases the statement in an attempt to stem the tide of conspiracy theories that assert Obama is not a US citizen—“birtherism”—and therefore cannot be eligible to be president. Fukino adds that no state official, including Governor Linda Lingle (R-HI), ever issued instructions that Obama’s certificate be handled differently. Hawaii state law prohibits the release of the so-called “long form” birth certificate to anyone who does not have a tangible interest; state law says that the “short form” the state releases to its citizens, and that Obama has long ago made public (see June 13, 2008), is legal and valid in and of itself. State courts in Ohio, Pennsylvania (see August 21-24, 2008), and Washington State have recently dismissed court challenges to Obama’s citizenship. (FactCheck (.org) 8/21/2008; Associated Press 10/31/2008) Fukino tells a Honolulu reporter: “This has gotten ridiculous (see July 20, 2008). There are plenty of other, important things to focus on, like the economy, taxes, energy.” Asked if this “[w]ill be enough to quiet the doubters,” Fukino responds: “I hope so. We need to get some work done.” (FactCheck (.org) 8/21/2008)

Leo C. Donofrio.Leo C. Donofrio. [Source: Obama Conspiracy (.org)]Retired New Jersey attorney, professional gambler, and conservative blogger Leo C. Donofrio files a lawsuit asking the State Supreme Court to prohibit three candidates from appearing on New Jersey’s presidential ballot: Barack Obama (D-IL), John McCain (R-AZ), and Socialist Worker’s Party candidate Roger Calero. Donofrio claims that none of the three have proven to his satisfaction that they are “natural born citizens,” as the Constitution requires to serve as president (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, and October 30, 2008). The lawsuit asks Secretary of State Nina Mitchell Wells to intervene in the elections process. In his filing, Donofrio writes that Obama is not eligible for the presidency “even if it were proved he was born in Hawaii, since… Senator Obama’s father was born in Kenya and therefore, having been born with split and competing loyalties, candidate Obama is not a ‘natural born citizen.’” Obama has long ago posted his authentic birth certificate stating he was born in Hawaii and therefore is a US citizen (see June 13, 2008). McCain’s birth in the Panama Canal Zone (see March 14 - July 24, 2008) and Calero’s birth in Nicaragua, Donofrio continues, invalidate their ability to be president as well, even though the Constitution states otherwise. With three ineligible presidential candidates on ballots, Donofrio warns, New Jersey voters will “witness firsthand the fraud their electoral process has become.” After being rejected by the New Jersey Court, US Supreme Court Justice David Souter rejects the lawsuit’s appearance on the Court docket. Justice Clarence Thomas allows the case to be submitted for consideration, but the Court rejects it. (Leo C. Donofrio v. Nina Mitchell Wells, Secretary of State of the State of New Jersey 10/31/2008; Schilling 11/13/2008; Obama Conspiracy (.org) 12/21/2008; St. Petersburg Times 6/28/2010) After his case is thrown out, Donofrio will write on his blog that “you have no Constitution and you have no ‘Supreme’ court. You have a filthy corrupted snake pit which tried to protect itself from responsibility for this issue by using clerks like brutal praetorian guards.” (Obama Conspiracy (.org) 12/21/2008) An Internet rumor that Justice Antonin Scalia will “quietly” place the case on the Court docket is later proven entirely false (see June 28, 2010).

Norm Coleman (l) and Al Franken (r) are locked in a recount battle for a US Senate seat representing Minnesota.Norm Coleman (l) and Al Franken (r) are locked in a recount battle for a US Senate seat representing Minnesota. [Source: MediaBistro (.com)]The US Senate race in Minnesota, between incumbent Norm Coleman (R-MN) and challenger Al Franken (D-MN), concludes with Coleman enjoying a razor-thin margin of victory and declaring himself the victor. However, Franken (running as the candidate for the “Democratic-Farmer-Labor” party, or DFL, Minnesota’s version of the state Democratic Party) says he will ask for a recount, as is his right under Minnesota law. Minnesota officials say the recount could delay the final result of the race until December. The Minneapolis Star-Tribune characterizes the race between Coleman and Franken as “one of the most bitter… in Minnesota history.” The initial results show Coleman in the lead by 215 votes, though he was adjudged to lead by as much as 725 votes in early estimates. The Associated Press previously called Coleman the winner, but has now withdrawn that call, labeling the race as too close to judge. Franken says his campaign is investigating alleged voting irregularities at a number of polling places, and adds: “[A] recount could change the outcome significantly.… Let me be clear: Our goal is to ensure that every vote is properly counted.” Minnesota Secretary of State Mark Ritchie (D-MN) says a recount would not begin until the middle of the month and would likely stretch into December. “No matter how fast people would like it, the emphasis is on accuracy,” he says. The vote is split three ways, with Coleman and Franken each having 42 percent of the vote and Independence Party candidate Dean Barkley having 15 percent. Exit polls show Franken rode a wave of Democrats voting for Barack Obama (D-IL) as president, including a large number of first-time voters. Minnesota delivered its electoral votes for Obama. However, Barkley drained a significant amount of votes away from Franken. Franken had trouble convincing some voters of his credibility, in light of his career as an overtly liberal comedian and author, while Coleman was hurt by being connected with the poorly performing US economy under President Bush. Franken caught up with Coleman in polling after the stock market almost collapsed in September. Franken says that like the just-elected Obama, “I believe we’re going to celebrate a victory in this race, too.” Coleman tells supporters that he “feels good” about the ultimate results. Both Franken and Coleman engaged in harshly negative campaign advertising, which drove a large number of voters to choose Barkley in the race. National Republicans called Franken “unfit for office” because of his liberalism, while Franken attacked Coleman by pairing him with Bush, telling voters that Coleman helped Bush “drive the economy right into the ditch.” The two campaigns together spent almost $50 million, making it by far the most expensive Senate race in the country. Franken was dogged by allegations that he did not pay the proper income taxes, and embarrassed by examples of “lewd” humor from his past comedy engagements, leading him to apologize for some of his humor to his supporters. Coleman dealt with questions about his payment of artificially low rent on an exclusive Capitol Hill rowhouse, and questionable contributions from wealthy benefactors. Coleman asks Franken to waive the recount in the interest of saving Minnesota taxpayers the cost of the procedure, and so that “healing” from the hotly contested race can begin. (Lopez and Duchschere 11/5/2008; Duchschere, Brown, and Louwagie 11/6/2008; Bakst 1/6/2009)

Libertarian Representative Ron Paul (R-TX—see 1978-1996, July 9-10, 2006, July 22, 2007, and August 4, 2008) gives an interview to radio host Alex Jones in which he accuses President-elect Barack Obama of working to undermine the US government in favor of a “new world order” (see September 11, 1990), a UN-led “one-world government.” Paul says that he believes the incoming Obama administration is orchestrating some sort of “international crisis” that will give Obama the chance to begin implementing his sinister plan: “I think it’s going to be an announcement of a new monetary order, and they’ll probably make it sound very limited, they’re not going to say this is world government, even though it is if you control the world’s money and you control the military, which they do indirectly.… A world central bank, worldwide regulation and world control of the whole system, of all the commodities and all the natural resources, what else can you call it other than world government?… Obama wouldn’t be there if he didn’t toe the line.… [T]his could be the beginning of the end of what’s left of our national sovereignty.” Paul says that many non-US media outlets are already hailing Obama as “the world’s leader.” (Neiwert 11/17/2008)

Two days after the US Senate election in Minnesota failed to produce a clear winner (see November 4-5, 2008), Senator Norm Coleman (R-MN) demands that his challenger, Al Franken (D-MN), concede. Franken has asked that the votes be recounted, as Coleman originally led with a razor-thin 725-vote margin of victory. (A recount is automatic under the law with a margin of victory of less than 0.5 percent, as this one is.) As ballot totals have shifted with the addition of absentee and other ballots, Coleman’s margin has shrunk even further, to 438 votes. Franken says that “a recount could change the outcome significantly,” and adds: “Let me be clear: Our goal is to ensure that every vote is properly counted.” Coleman has requested that the recount not take place, and has declared himself the winner of the election. Coleman also says that a recount would cost some $86,000 to Minnesota taxpayers, a cost he describes as prohibitively high considering that he would almost certainly win the recount. Franken does not concede. (Duchschere, Brown, and Louwagie 11/6/2008)

After the election of Barack Obama as president (see November 4, 2008), the Libertarian Party of Illinois begins formulating a concept it calls the “Boston Tea Party Chicago,” and begins advertising this through its Yahoo and “meetup” groups, through the Ron Paul Meetup and Campaign for Liberty groups, and through various anti-tax groups. Dave Brady of the Libertarian Party of Illinois later claims that “we gave [CNBC commentator] Rick Santelli the idea for the Tax Day Tea Parties” (see February 19, 2009). One of the Libertarian Party of Illinois list members, Eric Odom, with a history of campaigning against proposed regulations on offshore oil drilling, takes a position as the new media director of the Sam Adams Alliance. Odom and his fellow Illinois Libertarians begin expanding the original “Boston Tea Party Chicago” concept, creating an Internet-based network of conservative activists that will become a centerpiece of tea party organizing. (Burghart and Zeskind 8/24/2010)

The campaign of US Senate candidate Norm Coleman (R-MN) says that “improbable shifts” in vote tallies are improperly favoring Coleman’s opponent, Al Franken (D-MN), in Minnesota’s Senate race. The accusation implies that Minnesota Secretary of State Mark Ritchie (D-MN) is exhibiting partisan bias in the Senate race recount. Franken requested a recount after Coleman was declared the winner by a margin narrow enough to legally support such a request (see November 4-5, 2008). Ritchie won the office two years ago after accusing his Republican predecessor of partisan bias. He promises that his oversight of the Senate recount will be fair, transparent, and impartial. “Minnesotans have an expectation of a nonpartisan election recount,” he has said. Coleman’s initial estimate of a 725-vote margin of victory has dwindled to some 200 votes, prompting Coleman to complain of “improbable shifts” in the vote tallies that are unfairly benefiting Franken. One of Coleman’s lawyers tells a reporter, “We’re not going to sit idly by while mysterious, statistically dubious changes in vote totals take place after official government offices close.” Ritchie responds by accusing the Coleman campaign of trying “to create a cloud” over the recount and “denigrating the election process,” and says that such shifts are normal when votes are retallied after any election, when county officials verify election night tabulations reported to his office. Ritchie says the Coleman campaign is mounting “a well-known political strategy,” adding, “If people want to accuse county elections officials of partisan activity, they better be ready to back it up.” Ritchie oversaw a recent Supreme Court election that was praised by both sides as being fairly handled. (Doyle 11/10/2008; Roth 11/11/2008) According to Ritchie’s office, small vote shifts after an election is called are normal. After an election, the office says: “[E]lection officials proof their work and make corrections, as necessary. It is routine for election officials to discover a number of small errors, including improper data entry, transposition of digits (e.g. entering the number 48 instead of 84), and other items that affect the reported outcome.” (Hananoki 11/21/2008)

The National Republican Senatorial Committee (NRSC) launches attacks on Minnesota Secretary of State Mark Ritchie (D-MN) in an attempt to throw the Minnesota Senate race recount into doubt. Senator Norm Coleman (R-MN) and challenger Al Franken (D-MN) ran for Coleman’s seat in the US Senate, and the results, narrowly favoring Coleman, were challenged by Franken (see November 4-5, 2008). The NRSC distributes a three-page “backgrounder” on Ritchie to reporters that implies Ritchie is letting his political background affect his conduct in administering the recount. Among Ritchie’s “suspicious” activities are his speech at the Democratic convention during the summer, and his having “led a voter registration coalition that included ACORN,” the much-vilified Association of Community Organizations for Reform Now (see May 2, 2008, October 7, 2008, October 18, 2008, and October 14, 2008). The NRSC even attempts to imply that Ritchie is a Communist sympathizer in a piece entitled “Communist Party USA Wrote Encouragingly Of His Candidacy.” (On November 19, Fox News’s Andrew Napolitano will call Ritchie a “former Communist” and a “former member of the Communist Party,” but without advancing any proof of the allegations.) According to a report by TPM Muckraker’s Zachary Roth, “there’s no evidence that Ritchie has ever used his role as the state’s top elections administrator to advantage Democrats.” Roth writes that “the point of the GOP gambit… appears to be to cast public doubt on the integrity of the recount process, thereby bolstering Coleman’s claim that’s he’s the rightful winner and that a recount is unnecessary—just the strategy pursued by George Bush’s campaign in Florida in 2000.” (Roth 11/11/2008; Media Matters 11/20/2008)

An unsigned op-ed in the Wall Street Journal accuses the Senate campaign of Al Franken (D-MN) of voter fraud. Franken and incumbent Norm Coleman (R-MN) are locked in a race that was too close to call, and are awaiting the results of a recount (see November 4-5, 2008). Since then, the Coleman campaign (see November 10, 2008) and the National Republican Senatorial Committee (NRSC—see November 11, 2008) have implied a variety of wrongdoings, including underhanded ballot tally manipulation, partisan bias, and even shadowy connections to the Communist Party. Some Democrats, the Journal states, are engaged in “stealing a Senate seat for left-wing joker Al Franken.” The Journal reiterates a claim by Coleman’s lead recount lawyer Fritz Knaak that the director of the Minneapolis Board of Elections forgot to count 32 absentee ballots that she had left in her car. The Coleman campaign attempted to get a judge to stop those ballots from being added to the total, the Journal states, but the judge refused to do so. The Journal also records a number of statistically “unusual” or “improbable” vote tally shifts that have combined to shave Coleman’s initial 725-vote lead to just over 200. The Journal joins Coleman and the NRSC in attacking Secretary of State Mark Ritchie (D-MN), whose office is overseeing the upcoming recount. It cites Ritchie’s own run for office in 2006, which was supported by, among others, liberal activist group MoveOn.org, and says Ritchie is “an ally” of “the Association of Community Organizations for Reform Now, or ACORN, of fraudulent voter-registration fame” (see May 2, 2008, October 7, 2008, October 18, 2008, and October 14, 2008). Ritchie’s “relationship” with ACORN, the Journal states, “might explain why prior to the election Mr. Ritchie waved off evidence of thousands of irregularities on Minnesota voter rolls, claiming that accusations of fraud were nothing more than ‘desperateness’ from Republicans.” The Journal expands its accusations to include the Franken campaign, which it says is “mau-mauing election officials into accepting tossed ballots.” (Wall Street Journal 11/12/2008; Brauer 11/12/2008) The same day as the Journal op-ed is published, Governor Tim Pawlenty (R-MN) repeats the allegation about the absentee ballots being left overnight in an election official’s car, telling a Fox News reporter: “As I understand it, and this is based on news accounts, he claims that even though they were in his car, that they were never outside of his security or area of control, so the courts allowed that. It seems a little loose to me.” Asked by a Fox reporter, “What were they doing in his car?” Pawlenty replies: “There has not been a good explanation for that, Kelly. That’s a very good question, but they’ve been included in the count pile which is concerning.” Pawlenty mischaracterizes the gender of the Minneapolis Elections Director, Cindy Reichert. Reichert also says the entire story is “just not true.” The story comes from Knaak, who initially told reporters, “We were actually told ballots had been riding around in her car for several days, which raised all kinds of integrity questions.” By the day’s end, Knaak backs away from the claim of impropriety. A local outlet reports, “Knaak said he feels assured that what was going on with the 32 ballots was neither wrong nor unfair.” Reichert says that Knaak’s story is entirely false. No ballots were ever left in her car, nor were they left unattended in anyone else’s car. They were secured between Election Night and when they were counted. They were briefly in an election official’s car, along with every other absentee ballot, as they were all driven from individual precincts to polling places as mandated by Minnesota election law. “What I find ludicrous is that this goes on all around the state,” Reichert says. “If we could process them [at City Hall] we’d love to do that.” The absentee ballots were transported, sorted, and counted according to standard elections procedures, Reichert says. The 32 ballots in question were not counted until November 8, and both the Coleman and Franken campaigns were informed that the ballots were not included in the initial Minneapolis tallies. The tally for those 32 ballots: Franken 18, Coleman seven, and seven for other candidates or for no one. (Brauer 11/12/2008)

Warren County, Ohio, magistrate Andrew Hasselbach throws out a challenge by Ohio resident David M. Neal to President Obama’s qualifications to serve as president. Before the election, Neal filed a complaint that demanded Ohio Secretary of State Jennifer Brunner either prove Obama is a US citizen (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, and October 30, 2008) or throw him off the ballot. Hasselbach writes that Neal gave too much credence to Internet rumors surrounding Obama’s citizenship, and writes: “The onus is upon one who challenges such public officer to demonstrate an abuse of discretion by admissible evidence—not hearsay, conclusory allegations, or pure speculation. It is abundantly clear that the allegations in Plaintiff’s complaint concerning ‘questions’ about Senator Obama’s status as a ‘natural born citizen’ are derived from Internet sources, the accuracy of which has not been demonstrated to either Defendant Brunner or this magistrate.” Neal had asked that Brunner obtain documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party, and possibly Obama himself to verify that Obama was born in Hawaii and not elsewhere. Neal asserted that the authentic certificate provided by the Obama campaign (see June 13, 2008) is not an original, and therefore not valid proof of birth. Neal, who maintains a politically oriented Web site, says he is part of what he calls a nationwide grassroots movement questioning Obama’s citizenship. When he filed the complaint, he said, referring to a local school: “When I enrolled my son in Knothole, I had to show his birth certificate.… This guy is running for president of the United States.” In arguing against Neal’s motion, Assistant Attorney General Mike Schuler told the court: “One can conservatively estimate that more than 3 million Ohioans intend to vote for Senator Obama. Mr. Neal asks this court to disenfranchise those 3 million voters based solely on rumor and innuendo.” (Cincinnati Enquirer 10/31/2008)

The campaign of US Senate candidate Norm Coleman (R-MN) says that Minnesota’s Secretary of State, Mark Ritchie (D-MN), has displayed partisan behavior on behalf of challenger Al Franken (D-MN) by announcing that his office would consider counting some absentee ballots that were not counted during the initial vote tallies. Approximately 1,000 absentee ballots were not counted in the initial tallies, and Franken’s legal team contends that most of them were wrongly rejected by election judges. The initial election results triggered a recount (see November 6, 2008); Coleman has already implied that efforts are underway to manipulate the vote in favor of Franken (see November 10, 2008), implications previously made by the National Republican Senatorial Committee (see November 11, 2008 and November 12, 2008). Coleman’s lead campaign lawyer Fritz Knaak says that the Franken campaign is engaging in “Florida-like tactics” in the absentee ballot issue (see 9:54 p.m. December 12, 2000). For its part, the Franken campaign is accusing the Coleman campaign of resorting to “baseless charges and innuendo.” Franken’s campaign is attempting to ascertain the names of the voters whose absentee ballots were rejected, with an eye to having them reconsidered. Studies have shown that rejected ballots tend to favor Democrats, leading elections expert Larry Jacobs to observe, “With the voter who tends to pull the lever for Democrats, there’s a little less dexterity.” One voter whose absentee ballot was rejected, Mark Jeranek, says his vote was set aside because he did not sign the envelope into which he placed his ballot. Jeranek voted for Franken, and has received an affidavit from the Franken campaign, which he is considering signing. “I don’t want to be a cause for revolution, but at the same time I want my vote to count,” he says. “It’s kind of neat—at least for a senatorial race—that it really does come down to every individual vote.” (Horwath 11/17/2008; Weiner 2010, pp. xviii)

The campaign of US Senate candidate Norm Coleman (R-MN) issues a press release claiming that Coleman’s victory is “confirmed.” Coleman’s press release is erroneous. Coleman’s campaign manager, Cullen Sheehan, issues a similarly erroneous statement that says: “Senator Coleman has, for the third time, been named the winner of the 2008 election. We look forward to the beginning of tomorrow’s recount, and to what we believe to be the ultimate conclusion of the final chapter of this year’s election—the re-election of Senator Norm Coleman.” Far from being confirmed, the recount procedure involving Coleman and his opponent Al Franken (D-MN) has not officially begun (see November 4-5, 2008). It is unclear what basis Coleman has for claiming victory, and no official entity has confirmed Coleman’s victory in the race. Franken’s campaign also issues a release announcing that the recount procedure is about to commence, noting accurately that the State Canvassing Board has refused to certify a winner and stating the campaign’s intention to support the recount. (Schmelzer 11/18/2008; Falcone 11/18/2008) MSNBC reports that Coleman “is trying to look the part of the winner [in order to be able to] call into question any lead taken by Franken in the recount.” (Todd et al. 11/19/2008) Three days later, liberal reporter Eric Hananoki will write that Coleman is going beyond taking “premature victory laps” by demanding a halt to the recount, “float[ing] false voter fraud stories,” and “smear[ing] election officials” (see November 10, 2008, November 11, 2008, and November 12, 2008). (Hananoki 11/21/2008)

The recount process to determine the winner of the US Senate race in Minnesota begins. Incumbent Senator Norm Coleman (R-MN) has a narrow lead over challenger Al Franken (D-MN), who requested the recount as permitted in Minnesota law when the results of a race are so close. The state Canvassing Board met on November 18 to certify the unofficial results, thus allowing the recounts to begin at almost 100 county and city election offices throughout the state. The procedure entails an appointed recount auditor examining each ballot by hand to determine the voter’s intent, monitored by representatives from each candidate’s campaign. Auditors will sort each ballot into the appropriate stacks. According to the 2008 Recount Guide issued by Minnesota Secretary of State Mark Ritchie, “a ballot or vote must not be rejected for a technicality if it is possible to decide what the voter intended, even though the voter may have made a mistake or the ballot is damaged.” Ballots that are in dispute will be sent to the five-member Canvassing Board, which includes Ritchie, two state Supreme Court justices, and two Ramsey County district court judges, who will make final decisions as to the validity of disputed ballots. KARE-TV has reported that as many as 6,000 ballots may have been missed by the optical-scan machines because of improper markings. Ramsey County elections head Joe Mansky says that around 2 percent of ballots are mismarked in each election. If the intention of the voter is clear, he says, those votes will be counted. Law professor David Schultz says the process reminds the observer of the election debacle in Florida during the 2000 presidential election (see 9:54 p.m. December 12, 2000), and notes that Minnesota has a long tradition of not penalizing voters for failing to fill out ballots properly if their intent can be determined. (Duchschere, Brown, and Louwagie 11/6/2008) The Canvassing Board says it will not make a decision just yet on whether to count disputed absentee ballots. Minnesota Supreme Court Justice G. Barry Anderson, one of the five members of the board, says of the decision to table the absentee ballot issue: “I reference particularly the blizzard of paperwork that we have seen and whether or not there might be some additional time necessary to consider all of it. Is there anything about an additional period of time that will impact the rights of the parties to make election challenges or take other steps under the law?” Franken wants the absentee ballots in dispute to be counted; Franken’s lawyer David Lillehaug tells the board: “These people are real people who did everything right. They wanted to participate in our democracy. They wanted to vote and have their vote counted. Can’t we all agree that they shouldn’t have to start a lawsuit, or have somebody else start a lawsuit before their votes are counted?” Coleman’s attorney Fritz Knaak calls Lillehaug’s arguments “bothersome,” and says the board should not consider and count rejected absentee ballots. (Scheck 11/18/2008)

US Representative Michele Bachmann (R-MN) denies saying that US Senate candidate Al Franken (D-MN), currently locked in a recount with Senator Norm Coleman (R-MN—see November 4-5, 2008), “stuff[ed] the ballot box” to stay abreast of Coleman in the Senate race. Bachmann made the comments on MSNBC’s Hardball just before the election. Fox News co-host Alan Colmes of Hannity and Colmes offers to show Bachmann a video clip of her making the statement, but Fox terminates the segment with Bachmann before the clip can be aired. In the same appearance, Bachmann accused President-elect Obama and some Democrats in Congress of being “anti-American,” and suggested the media investigate her claim. She denied making that statement also (see October 17-22, 2008). On Hannity and Colmes, Bachmann says that Franken “wants to stuff the ballot box with rejected ballots,” and this “calls into question what the record is and who’s watching the books.” Bachmann now says that Hardball host Chris Matthews baited and trapped her into making her remarks, and an “urban legend” about what she said quickly sprang up. “What I said was, ‘Do your job,’” she tells Colmes. “That’s what I said.” (Diaz 11/20/2008)

As the recount in the US Senate race in Minnesota (see November 19, 2008) wears on, incumbent Senator Norm Coleman (R-MN) gains a number of votes in the preliminary results, widening his lead to 180 votes from a previous total of 120. Coleman’s campaign observers are challenging many of the ballots granted to challenger Al Franken (D-MN) during the recount, forcing those ballots to be set aside and considered by the state Canvassing Board at a later date. Some mistakes were made in Duluth precincts, slowing the results from St. Louis County, including the discovery that several duplicate ballots were missing from one precinct. In Minneapolis, over 100 people are working in a warehouse building to count votes. Franken is leading Coleman by wide margins in almost all Minneapolis precincts. Coleman campaign observer Corlyss Affeldt says she is volunteering as an observer because “I want to make sure it’s right.… That seems to be the prevailing motivation right now.” (Duchschere and Oakes 11/22/2008)

The conservative Washington Times, a staunch opponent of President-elect Barack Obama, publishes an editorial predicting that the incoming Obama administration will, in some form or fashion, move to “exterminate” babies with disabilities and other “useless” Americans through its promised reform of the US health care system, similar to actions taken by the Nazis before World War II. The Times provides a brief synopsis of Adolf Hitler’s “T4 Aktion” program designed, in the words of the Times, “to exterminate ‘useless eaters,’ babies born with disabilities. When any baby was born in Germany, the attending nurse had to note any indication of disability and immediately notify T4 officials—a team of physicians, politicians, and military leaders. In October 1939 Hitler issued a directive allowing physicians to grant a ‘mercy death’ to ‘patients considered incurable according to the best available human judgment of their state of health.’ Thereafter, the program expanded to include older children and adults with disabilities, and anyone anywhere in the Third Reich was subject to execution who was blind, deaf, senile, retarded, or had any significant neurological condition, encephalitis, epilepsy, muscular spasticity, or paralysis. Six killing centers were eventually established, and an estimated quarter-million people with disabilities were executed.” The Times draws a parallel between the Nazis and the Obama administration’s support for legal abortion and for physician-assisted suicide, which it equates with “euthanasia.” The incoming administration will, the Times fears, begin “selecting” babies with disabilities for what apparently will be “selective abortions.” It quotes the Reverend Briane K. Turley as saying: “Were God’s design for us left unhindered, we could naturally expect to welcome 40,000 or more newborn infants with Down syndrome each year in the US. And yet we have reduced that number to just under 5,500. These data strongly indicate that, in North America, we have already discovered a new, ‘final solution’ for these unusual children and need only to adapt our public policies to, as it were, ‘cure’ all Down syndrome cases.” Turley, the Times notes, claims that “there is growing evidence suggesting that, among health care practitioners and systems, the central motivation behind legally enforced or high pressure screenings is economics.” The Times then adds: “[A]nd the results seem to bear him out. America’s T4 program—trivialization of abortion, acceptance of euthanasia, and the normalization of physician assisted suicide—is highly unlikely to be stopped at the judicial, administrative, or legislative levels anytime soon, given the Supreme Court’s current and probable future makeup during the Obama administration, the administrative predilections that are likely from that incoming administration, and the makeup of the new Congress.” The Times predicts a new “final solution” of “extermination” that will start with disabled infants and will progress “from prenatal to postnatal to child to adult.” (Washington Times 11/23/2008) The editorial anticipates the “deather” claims that many conservatives will make in the summer of 2009 (see January 27, 2009, February 9, 2009, February 11, 2009, February 18, 2009, May 13, 2009, June 24, 2009, June 25, 2009, July 10, 2009, July 16, 2009, July 17, 2009, July 21, 2009, July 23, 2009, July 23, 2009, July 23, 2009, July 23-24, 2009, July 24, 2009, July 28, 2009, July 28, 2009, July 28, 2009, July 31, 2009 - August 12, 2009, August 6, 2009, August 7, 2009, August 10, 2009, August 10, 2009, Shortly Before August 10, 2009, August 11, 2009, August 11, 2009, August 12, 2009, August 12, 2009, and August 13, 2009).

President-elect Barack Obama faces another challenge to his presidency—an Internet-based effort to block the US Electoral College from certifying him as president, according to a report from the Christian Science Monitor. The challenge centers on long-debunked accusations that Obama is not a US citizen (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, and October 30, 2008). The Electoral College meets on December 15 to cast its votes, as garnered through the November 4 election results. The Constitution requires that the president be a US citizen; the people behind this effort insist that Obama was born in Kenya, and not in Hawaii as his birth certificate attests. North Carolina Secretary of State Elaine Marshall says: “Most of the world thinks this is settled except for a few conspiracy theorists. In the 2000 election… Republican electors felt under siege, and I expect the Democrat electors may end up feeling the same way [this time].” North Carolina elector Wayne Abraham (D-NC) says he has received three letters and a phone call asking him not to vote for Obama. “I was surprised, but I’m not worried about it,” he says. “As I said to the lady on the phone, I figured that the Bush administration had ample opportunity to investigate Senator Obama, and if they had discovered he was not truly a citizen they… would have let us know.” Immigration law expert Peter Spiro of Temple University says the entire issue is a “nonstarter, because Obama was born in Hawaii.” The biggest effort of the attempt to stop the Electoral College from certifying Obama’s presidency is a lawsuit in California brought by failed presidential candidate Alan Keyes (see November 12, 2008 and After). Lawyer Philip Berg, who has lost a lawsuit challenging Obama’s citizenship (see August 21-24, 2008), says: “People are going after electors now because they can only vote for a qualified candidate, and [Obama] hasn’t shown he’s qualified. I think we have enough trouble—we don’t need a fake president.” Melanie Siewert of Kenansville, North Carolina, says the questions surrounding Obama’s citizenship have moved her to get involved in politics for the first time in her life. “I’m not asking electors to overturn their vote, but really to, before we vote, to make absolutely sure,” she says. She says she has contacted most of North Carolina’s 15 electors. “This is not being a sore loser or racist. This is just about ensuring that our leader is being truthful about who he is.” Presidential historian Perry Leavell says: “Human beings will always go for myth because it’s compelling, dramatic, and, if it were true, it would be able to change history. You can go back into the history of the American presidency and find over and over again people… who are prepared to believe the exact opposite of what all the data would say.” Constitutional law binds state electors to cast their votes for the candidate who won their state. (Christian Science Monitor 11/26/2008) The Electoral College will vote for Obama as president. (WRAL-TV 12/15/2008)

A portion of the advertisement that runs in the Chicago Tribune.A portion of the advertisement that runs in the Chicago Tribune. [Source: We the People (.org)]Robert L. Schulz, a wealthy anti-tax activist from upstate New York and the chairman of the We the People Foundation, takes out the second of two ads in the Chicago Tribune questioning whether President Barack Obama is a “natural born citizen” and thusly eligible to be president. Schulz confirms that his non-profit foundation spent “tens of thousands of dollars” on the ads. The ads echo long-debunked claims that Obama’s Hawaiian birth certificate (see June 13, 2008) is fraudulent (see July 20, 2008, August 15, 2008, October 8-10, 2008, October 16, 2008 and After, and November 10, 2008). Cases challenging Obama’s citizenship have been thrown out of numerous state courts (see March 14 - July 24, 2008, August 21-24, 2008, October 9-28, 2008, October 17-22, 2008, October 21, 2008, October 31 - November 3, 2008, October 24, 2008, October 31, 2008 and After, November 12, 2008 and After, November 13, 2008, and Around November 26, 2008), and the State of Hawaii has vouched for the authenticity of the Obama birth certificate, which by state law is locked in a state government vault with all other such “long form birth certificates” issued by Hawaiian officials (see July 1, 2009). Schulz’s ad raises the following claims:
bullet The birth form released by Obama was “an unsigned, forged, and thoroughly discredited” live birth form, Schulz says. Digital and real copies of Obama’s birth certificate have been examined by experts, including members of the Annenberg Public Policy Center of the University of Pennsylvania, and pronounced real (see August 21, 2008).
bullet According to Schulz, “Hawaiian officials will not confirm” that Obama was born in their state. Hawaiian officials initially did resist releasing a copy of the certificate, citing state privacy laws. However, Hawaii’s health director and head of vital statistics reviewed Obama’s birth certificate in the department’s vault and vouched for its authenticity (see October 30, 2008).
bullet Schulz says that legal affidavits state Obama was born in Kenya. Those affidavits were filed by challengers to Obama’s citizenship, and those challenges have been dismissed by a variety of courts (see August 21-24, 2008, October 9-28, 2008, October 17-22, 2008, October 21, 2008, October 31 - November 3, 2008, October 24, 2008, October 31, 2008 and After, November 12, 2008 and After, November 13, 2008, and Around November 26, 2008).
bullet Obama’s paternal grandmother is recorded on tape saying she attended Obama’s birth in Kenya, Schulz says. Schulz is referring to claims by street preacher Ron McRae who interviewed the second wife of Obama’s grandfather, Sarah Obama, via long-distance telephone (see October 16, 2008 and After). The audiotape clearly shows that the assembled Obama relatives, and the translator who spoke to McRae, repeatedly stated that Obama was born in Hawaii.
bullet Schulz says that “US law in effect in 1961 [the year of Obama’s birth] denied citizenship to any child born in Kenya if the father was Kenyan and the mother was not yet 19 years of age.” Schulz is incorrect. US law states that any child born in the US is a legitimate citizen regardless of his parents’ nationalities and/or citizenships. Obama’s father had dual Kenyan/British citizenship, and his mother was a US citizen. Had Obama been born outside of US territory and his mother Ann Dunham been under 19 years of age, which she was, Obama would indeed not have been a citizen at the time of his birth, though the provisions of this law were subsequently loosened and made retroactive for government employees serving abroad and their families. The point is moot, because Obama was born in a hospital in Honolulu.
bullet Schulz says that in 1965, Obama’s mother relinquished whatever Kenyan or US citizenship she and Obama had by marrying an Indonesian and becoming a naturalized Indonesian citizen. Schulz has produced no evidence to back this claim; Dunham did not file any of the documentation required to renounce one’s US citizenship, and even so, would not have jeopardized Obama’s citizenship in doing so. Obama and his mother moved to Indonesia in 1968, and returned to Hawaii while Obama was still in grade school. Schulz provides a reproduced Indonesian school document that states Obama’s citizenship at the time as “Indonesian,” but the same document lists Obama’s birthplace as “Honolulu, Hawaii.” (Olkon and Janega 12/3/2008)
Schulz claims his challenges to Obama are not motivated by political partisanship. “We never get involved in politics,” he says of We The People. “We avoid it like the plague.” However, Schulz has done battle with local and state authorities for years; in 2007, a federal judge ordered him to shutter his Web site because he and his organization were, in the words of the Justice Department’s tax division, using the site to promote “a nationwide tax-fraud scheme.” Schulz now says he is being targeted by government operatives who are attempting to silence him. He says his group attempted to buy a similar ad in USA Today, but could not afford the cost. (Olkon and Janega 12/3/2008; Koppelman 12/5/2008)

One hundred and thirty-three ballots, stored in a single envelope, are missing from the warehouse containing the hundreds of thousands of ballots cast in Minnesota during the November elections. The ballots are part of a statewide recount (see November 19, 2008) to determine the winner of the US Senate race between incumbent Norm Coleman (R-MN) and Al Franken (D-MN—see November 4-5, 2008). Minneapolis officials are diligently searching for the missing ballots, according to Mayor R.T. Rybak (D-MN). The recounts are supposed to be finished today, but Minneapolis has been granted an extension to find the ballots. Franken’s lead recount attorney, Marc Elias, issues the following statement: “Find the ballots.… The outcome of this election might be at stake.” The Coleman campaign is alleging ballot tampering. “We do not know that there are any ballots missing, and it is premature and simply irresponsible to suggest that they are,” says Coleman’s attorney Fritz Knaak. He goes on to say that because Rybak, Secretary of State Mark Ritchie, and many Minneapolis city officials are Democrats, there could be some kind of orchestrated effort to suppress votes to favor Franken. However, “It is critical that there be no effort to make this matter a partisan issue,” he adds. Minneapolis Elections Director Cindy Reichert says there is no evidence of any sort of “foul play” concerning the missing ballots (see November 12, 2008). Official recount tallies show Coleman with a 205-vote lead, but this number is not current and Franken is expected to gain votes, especially if the missing ballots are found and tallied. The missing ballots are from a precinct largely populated by college students, considered a group that generally favors Franken. (Orrick and Hoppin 12/5/2008) Four days later, Minneapolis declares the ballots to be irretrievably missing, ending the state’s counting of ballots and moving the recount process into the next phase—canvassing the results and considering ballots challenged by the two campaigns. Ritchie says that the canvassed and audited election-night results from the precinct can be counted in lieu of the missing ballots, though it takes four more days for the Canvassing Board to come to the same conclusion. Counting the ballots adds 36 (later reported as 46) to Franken’s total. Coleman’s campaign says that there may be other reasons for the ballot issue, with a spokesman saying, “We would hope further review of these other scenarios will be conducted, rather than just accepting the political spin of the Franken campaign.” The Coleman campaign is also protesting some counties’ decision to review initially rejected absentee ballots. Franken is expected to gain votes if the absentee ballots in question are counted. (Hoppin 12/9/2008; Kleefeld 12/12/2008)

The Minnesota Supreme Court unanimously rejects a lawsuit by Minnesota Senate candidate Norm Coleman (R-MN), who argued that absentee ballots should not be counted in the vote tallies that are giving his opponent, Al Franken (D-MN), an edge in the recount for the Senate seat both are vying for (see November 4-5, 2008). The Coleman campaign, alleging that many of the votes were counted twice, has asked that vote tallies in 25 selected precincts should be reverted to their Election Night totals, which would blot out Franken’s lead in the vote count. The Minnesota high court rules that a question such as this should be reserved for post-recount proceedings, and says that the Coleman campaign’s theory of double-counted ballots is not supported by evidence. Currently, Franken leads by a narrow 47-vote margin. According to press reports, the lawsuit was Coleman’s last, best shot at winning the seat; with the high court’s decision, a Franken victory is “nearly a foregone conclusion when this recount finishes up in early January.” Coleman’s lead recount lawyer Fritz Knaak says that the decision “virtually guarantees that this will be decided in an election contest,” indicating that the Coleman campaign is not yet ready to concede defeat and may well be planning further litigation. “[I]t’s highly unlikely that one senator will be seated on January 6th,” Knaak says. Franken campaign spokesperson Andy Barr says: “We win in Supreme Court. The process can move forward despite attempts to halt its progress and cast doubt on the result.” (Kleefeld 12/24/2008; Scheck 12/24/2008; Doyle 12/24/2008)

The conservative “astroturf” advocacy organization Americans for Prosperity (AFP—see Late 2004, October 2008, and August 6, 2009) launches a multi-pronged attack on every major policy initiative attempted by the Obama administration. Within weeks of Obama’s inauguration, AFP holds “Porkulus” rallies protesting Obama’s stimulus spending measures. The Koch-funded Mercatus Center (see August 30, 2010), working in concert with AFP, releases a report that falsely claims stimulus funds are being disproportionately directed towards Democratic districts; the author is later forced to correct the report, but not before conservative radio host Rush Limbaugh, citing the report, calls the stimulus program “a slush fund,” and Fox News and other conservative outlets repeat the characterization. AFP vice president Phil Kerpen is a Fox News contributor; AFP officer Walter Williams is a frequent guest host for Limbaugh. AFP soon creates an offshoot organization, Patients United Now (PUN—see May 29, 2009), designed to oppose the Obama administration’s health care reform initiatives; PUN holds some 300 rallies against reform efforts (see August 5, 2009), some of which depict Democratic lawmakers hung in effigy (see July 27, 2009) and others depict corpses from Nazi concentration camps. AFP also holds over 80 rallies opposing cap-and-trade legislation, which would force industries to pay for creating air pollution. AFP also targets individual Obama administration members, such as “green jobs” czar Van Jones, and opposes the administration’s attempt to hold international climate talks. AFP leader Tim Phillips (see August 6, 2009) tells one anti-environmental rally: “We’re a grassroots organization.… I think it’s unfortunate when wealthy children of wealthy families… want to send unemployment rates in the United States up to 20 percent.” (Mayer 8/30/2010)

US Senate candidate Al Franken (D-MN) is confirmed as the winner of the Minnesota Senate race over incumbent Norm Coleman (R-MN) after over a month of vote recounting and legal maneuvering by both sides. Coleman was initially declared the winner, but Franken immediately requested a recount, as the vote margin was very close (see November 4-5, 2008). Franken is declared the winner by 225 votes out of 2.9 million cast. The final totals: Franken with 1,212,431 votes and Coleman with 1,212,206 votes. Third-party candidate Dean Barkley also garnered a significant number of votes. Coleman says he intends to file a lawsuit challenging the results, blocking Franken from being seated in the Senate. Coleman’s attorney Tony Trimble says: “This process isn’t at an end. It is now just at the beginning.” Senate Minority Leader Mitch McConnell (R-KY) says, “The race in Minnesota is not over.” Franken says, “After 62 days of careful and painstaking hand-inspection of nearly 3 million ballots, after hours and hours of hard work by election officials and volunteers around the state, I am proud to stand before you as the next senator from Minnesota.” Both sides mounted an aggressive challenge to votes, with campaign officials challenging thousands of ballots during the recounts. Franken made headway when election officials opened and counted some 900 ballots that had erroneously been disqualified on Election Day. Coleman says some ballots were mishandled and others were wrongly excluded from the recount, thus denying him the victory. His loss was made certain when the Minnesota Supreme Court refused to change the totals of the recount (see December 24, 2008). The state Canvassing Board, the entity in charge of the recounts, votes unanimously to accept the totals as final. Franken’s lawyer Mark Elias says of Coleman’s promised court fight: “Former Senator Coleman has to make a decision. And it is a profound decision, one that he has to look into his heart to make: Whether or not he wants to be the roadblock to the state moving forward and play the role of a spoiler or sore loser or whether he wants to accept what was a very close election.” Senate Majority Leader Harry Reid (D-NV) says, “The race in Minnesota is over,” and calls Republican efforts to continue challenging the result “only a little finger pointing.” However, a spokesperson for Reid says Franken will not be seated when Congress convenes later in the week. Senator John Cornyn (R-TX) warns that any attempt to seat Franken would result in “chaos.” Trimble says that the recount was handled poorly, and there “can be no confidence” in the result. The seat will remain unfilled until Coleman’s legal challenge is settled. (Stern 1/5/2009; Bakst 1/6/2009; Diaz 1/6/2009) Republicans in the Minnesota legislature have speculated on the possibility of Governor Tim Pawlenty (R-MN) appointing someone, presumably a Republican, to take the Senate seat on a temporary basis while the recount plays out, but Democrats, who hold the majority in the legislature, say they will block any such efforts. Legal experts say Pawlenty’s legal authority to make such an appointment is dubious at best. (Diaz 1/6/2009) Later press reports will state that Franken’s margin of victory was 312 votes, after a judicial panel reviews the recount totals. (Duchschere 4/22/2009) Coleman files a lawsuit to block Franken’s victory (see January 7, 2009).

Former Senator Norm Coleman (R-MN), who was recently declared the loser in a hotly contested US Senate race in Minnesota (see January 5, 2009), rejects the findings of the Canvassing Board that reported his opponent, Al Franken (D-MN), as the winner, and files a lawsuit challenging the results. “Not every valid vote has been counted and some have been counted twice,” Coleman says. “Let’s take the time right now in this contested race to get it right.” The suit is filed in the District Court of Ramsey County, where Coleman hopes to convince a three-judge panel that votes were improperly excluded and included in the recount. Franken’s attorney Marc Elias calls Coleman’s lawsuit “an uphill battle to overturn the will of the people” and adds, “It is essentially the same thin gruel, warmed-over leftovers… that they have been serving the last few weeks.” Elias says the Franken campaign has its own questions about uncounted ballots. The lawsuit blocks Franken from being seated in the US Senate until it is resolved. Former Minnesota Governor Arne Carlson (R-MN) says Coleman should concede the election and bow out gracefully. “I don’t think it’s winnable,” Carlson says, and warns that Coleman risks damaging his reputation by pursuing such a lawsuit. Senate Majority Leader Harry Reid (D-NV) says Coleman is “entitled to the opportunity to proceed however he sees fit. But for someone who’s been in the trenches on a number of these elections, graciously conceding… would be the right step. This can’t drag on forever.” Coleman says the issue is not about his winning or losing, but about fairness and accuracy in vote counting. Coleman’s suit will contend that the Canvassing Board did not apply consistent standards to challenged ballots, and both local election officials and Minnesota Secretary of State Mark Ritchie (D-MN) counted ballots unfairly to the advantage of Franken. Coleman’s lawyer Fritz Knaak says the campaign’s lawyers are conducting their own “very real investigation” into the election, and promises that the campaign will present testimony about “double voting” in some precincts. (Doyle and Duchschere 1/7/2009)

Liberal author and columnist Joe Conason says that conservatives accusing Minnesota Senate candidate Al Franken (D-MN) of stealing the election from opponent Norm Coleman (R-MN) should show genuine evidence of voter fraud “or shut up.” Franken was recently declared the winner of the US Senate race by a narrow margin of votes (see January 5, 2009). Conason cites a raft of radio and television talk show hosts such as Bill O’Reilly and Rush Limbaugh, and conservative billionaires such as Richard Mellon Scaife, who have been “scream[ing] that Franken is stealing, rigging, pilfering, scamming, thieving, and cheating his way to victory” without advancing any proof, and “in plain contradiction of the available facts.” Conason writes, “Not only is there no evidence that Franken or his campaign ‘cheated’ in any way during the election or the recount, but there is ample reason to believe that the entire process was fair, balanced, and free from partisan taint.” Conason cites claims by Limbaugh on January 5 that Franken “stole the race,” and quotes Limbaugh as saying on that same broadcast: “They are stealing the race up there blind in front of everybody’s nose. They are counting absentee ballots [which election officials are required to do by law].… They’re counting votes twice—votes that were rejected, all kinds of things [which election officials ordered after determining that some votes were rejected wrongly]. That’s just—the Democrats are stealing the election up there.” (The material in brackets is inserted by Conason.) Conason goes on to quote Republican political consultant Dick Morris, who appeared on O’Reilly’s show on January 7 and claimed: “I think there’s funny business—funny business going on in Franken’s thing. Sure, he’s cheating, and sure that Minnesota’s doing it for him. I mean, there’s no question that there’s cheating going on.… This is outright larceny. This is just a total theft.” Conason calls Morris’s accusations “incendiary,” and notes that like Limbaugh, Morris advanced no evidence to support his claims. As for O’Reilly, he has written columns on Newsmax asking readers to donate to the Republican National Lawyers Association to “stop Franken from stealing the election”; that organization is raising money to assist in Coleman’s election lawsuit (see January 7, 2009). Conason writes that the Canvassing Board, the bipartisan entity that decided the race in Franken’s favor, was “impeccably nonpartisan,” and continues, “Nobody in their right mind in Minnesota believes that the board was biased.” He cites conservative blogger Scott Johnson as saying: “There was no noticeable partisan division among the board. Minnesotans are justifiably proud of the transparency and fairness of their work.” Conason concludes: “In essence, [the right-wing pundits] have accused my friend Franken of a felony under Minnesota law. If they know of any evidence that would show he has stolen votes or violated any election statute, let them report it to the state law enforcement authorities. And if they don’t, perhaps they will at last have the decency to shut up.” (Conason 1/9/2009)

Al Franken (D-MN), declared the winner of the disputed US Senate race in Minnesota (see January 5, 2009), asks the Minnesota Supreme Court to order Governor Tim Pawlenty (R-MN) and Secretary of State Mark Ritchie (D-MN) to issue a signed certificate to allow him to take his seat in the Senate. Both Pawlenty and Ritchie have refused requests from Franken to issue the certificate, saying that Minnesota law requires them to wait until a lawsuit by Franken’s opponent Norm Coleman (R-MN) is resolved (see January 7, 2009). Franken’s petition to the Minnesota high court contends that one part of Minnesota law requiring the issuance of a certificate holds sway over the portion of law Pawlenty and Ritchie have cited. Part of Franken’s argument cites a court precedence saying that the US Senate, and not an individual state, must choose whether to seat an elected official. (Lopez and Kaszub 1/12/2009; Steller 1/13/2009) The Coleman campaign issues the following statement regarding Franken’s request: “Al Franken knows he can’t win this election contest based on the major inconsistencies and discrepancies that were part of the recount, and his attempted power play today is evidence of that. He can’t and won’t be seated in a seat he didn’t win, so he is trying this underhanded attempt to blatantly ignore the will of Minnesotans and the laws of the state. The totals certified by the state Canvassing Board include double-counted votes, inconsistencies regarding rejected absentee ballots, and inconsistent handling of newly discovered and missing ballots. These are serious issues that both the canvassing board and the Minnesota Supreme Court directed be handled in an election contest, and that will go forward as required.” Coleman’s lead recount attorney, Fritz Knaak, adds to the heat generated by the Coleman campaign by calling the request an “incredible and rather astonishing” power play, “an unprecedented and futile charade,” an “arrogant move,” and “an insult to the process.” He continues: “Al Franken is not the winner. There is no winner, and there won’t be a winner until the process stipulated in Minnesota election law has been completed.” When the process is complete, Knaak says, “Norm Coleman will be back on top and back to the United States Senate. No one, not Al Franken, not [Senate Majority Leader] Harry Reid, not the national Democrats can declare a winner in Minnesota before there’s an actual legal winner.… Today’s move by Al Franken signals his desperation.… Our voters and our laws matter too much to let politics try to influence the outcome of this election.” The Minnesota high court will refuse to issue the order. (Weiner 1/12/2009; Steller 1/13/2009)

The lawsuit filed by former Senator Norm Coleman to block Senator-elect Al Franken (D-MN) from taking his seat in the US Senate (see January 7, 2009) is scheduled to begin on January 26. A three-judge panel will consider Coleman’s case and whether to reverse the findings of the state Canvassing Board, which declared Franken the winner (see January 5, 2009). (Duchschere 1/16/2009)

Pastor Steven Anderson.Pastor Steven Anderson. [Source: Jill Stanek]Pastor Steven Anderson of the Tempe Independent Baptist Church in Tempe, Arizona, delivers an impassioned sermon in which he calls for God to strike down President Obama—to “melt” Obama “like a snail.” When Anderson gives a similar sermon at another church in August 2009 and posts it on YouTube, it will cause an outcry among Obama supporters and media observers. Anderson’s sermon is based on the Bible’s Psalm 58, which details the divine curse laid upon the foes of King David. During it, he quotes Psalm 58, which reads in part: “Break their teeth, Oh God, in their mouths. Break out the great teeth of the young lions, Oh Lord, let them melt away as waters which run continually. When he bendeth his bow to shoot his arrows, let them be as cut in pieces.” (Hensley 8/29/2009; Talk2Action 9/1/2009)
Calling for Obama's 'Abortion' - Anderson then says: “‘As a snail which melteth,’ Barack Obama, since you want to use your salt solution to kill babies in this country [referring to abortion], Barack Obama, you’re going to reap what you sow because one day, Barack Obama, you’re going to be burning in hell and you’re going to feel a burning sensation all over your skin—which was the same sensation felt by every baby that was aborted in his mother’s womb.… He’s saying, let Barack Obama perish like an abortion. Let Barack Obama perish like a miscarriage.—‘As the untimely birth of a woman, that they may not see the sun.’ Let me tell you something—somebody needs to abort Barack Obama. It’s true.”
Denies Calling for Assassination - Anderson continues: “Now, I’m not to do it. I’m not saying vigilanteism. I’m not saying that somebody should go kill. I’m saying there should be a government in this country that, you know, under God’s authority, that takes Barack Obama and aborts him. On television. For everybody to see in the whole world. Did you hear me? Now, I’m not saying I’m going to do it. I’m not a vigilante. But I’m going to tell you something—if there was any justice in this country, if the judicial branch of this country meant anything they would take Barack Obama and all of his colleagues and take them and they would abort him. They would melt him like a snail. That’s what they—they’d break the teeth out of his head, my friends.… And you say, ‘oh, I can’t believe you’re threatening the president,’ I’m not saying I’m going to do it, I just wish God would do it. And he will do it, my friends. And I wish we had a government that would act on God’s behalf. Like the government is supposed to do. You know, the government is supposed to carry out God’s law—enforce God’s laws against murder, against stealing, against lying, against deceit, against adultery. That’s the purpose of human government. And so I’d like to see Barack Obama melt like a snail. I’d like to see the teeth knocked right out of his head. I’d like to see him perish just like an abortion. That’s what David preached. That’s what he prayed to God.”
Obama Turning America Communist - Anderson continues: “Now look—we could sit there and say you know… and we’re only talking about one thing that we don’t like about Barack Obama. I could name for you a hundred things that he’s wrong on. I could name for you a hundred.… We’re just talking about one aspect of it—the abortion that he’s fighting for, the murder that he’s fighting for. What about the fact that he’s turning it into a communist nation? That he wants to redistribute the wealth, like Levi Mordachai—also known as Karl Marx? And his Communist Manifesto—[Marx] wanted to redistribute the wealth.”
Attacking America's Poor - Anderson continues: “You know, you think I want taken the wealth that I go out and work by the sweat of my face and the sweat of my brow and give it to some lazy jerk in the ghetto, somewhere, who’s never gone to work in their life? I don’t care whether you like that or not, it’s wicked. God said to the man that works, ‘if a man will not work neither shall he eat.’ That’s what the Bible preaches. Why should I go out and work so that some fat slob in the ghetto can get fat off of my food stamps that I’m paying for and EBT—you know, [to audience], what, is it—EBT? You know, ‘I want Domino’s Pizza’—we’ve got a big sign, ‘We Accept EBT.’ You know what I mean? And they probably deliver it on EBT. They don’t even have to leave the house, my friend, they’ll get the pizza delivered to them. And, you pay for it. It’s wicked, it’s stealing. [EBT is a method of delivering federal food stamp monies.] You say, ‘It’s not a moral issue.’—Uh… last time I checked, stealing’s a moral issue. Take money out of my pocket and give it to somebody else—isn’t that in the Ten Commandments? Oh, you know, you just care about these financial issues, gotta care about the moral issues… financial issues are moral issues, my friend. Somebody takes money out of my bank account—it’s immoral. Okay? It’s wrong.”
Obama Is 'Pro-Queer' - Anderson asks the audience for their input. “So many other things that we don’t like about Barack Obama. Does anybody… let’s have a little open forum here. Is there a man—and, only men speak in this church—is there a man here that can tell me something else that’s wicked about Barack Obama tonight? Do you have some other policy that you think is wicked?” A member of the congregation says, “Pro queer.” Anderson says: “Gay rights. Thank you, sir. All right, this is great. Gay rights—interactive preaching with pastor Anderson—gay rights, right? Promoting the Sodomites. Pushing not only that but a sodomite agenda in schools. Schools teaching sodomite curriculum. Teaching alternative lifestyles. See, your five-year-olds, your six-year-olds, you seven-year-olds… [you] say they don’t start that young. Well you know what? You only have to drive two hours, my friend. Get in your car and drive two hours and you’ll be in California. And it’s by law being taught in elementary school in the earliest grades. Only drive two hours to get there!”
Claims No Racism in Attacks, Says Obama Is 'White' - After more attacks on welfare recipients, Anderson turns to the issue of race. “You know… and, this has nothing to do with race,” he says. “I’m so sick and tired of people calling me a racist for being against Barack Obama. You know, I thought we were past that in this country. You know what I mean? Let it go! I love all people equally—red, yellow, black, and white—they’re Christians inside—I’ve won more black people to the Lord, probably, than I’ve won white people to the Lord my friend. … I have very close friends, right now, that are black. One of my best friends is black. But… [l]et’s get over it. They’re perpetuating the hatred between races by bringing it up all the time. Oh wow—you know, the first black president! No he’s not—he’s white. He’s just as white as he is black. He’s half black, half white. But, yet, he’s just black black black. Why not say he’s white? I mean, if he’s half black and half white, I’m going to say he’s white. That’s the half I want to chase! You know? I’m calling him a white man. We have a white president coming in, my friend. He’s white! Don’t tell me he’s black, he’s white. His mom is white. Her mom is white! Her dad is white. His parents are white. He’s a white man! Barack Obama is white… deal with it!” (Talk2Action 9/1/2009)
Secret Service Inquiry - In August, the Secret Service will interview Anderson to ascertain if he constitutes a threat to the president (see August 29, 2009).

The lawsuit filed by former US Senator Norm Coleman (R-MN) to block Senator-elect Al Franken (D-MN) from taking his seat in the US Senate (see January 7, 2009) begins badly for Coleman, with the three-judge panel stopping Coleman’s lawyers from reading off the names, counties, and categories from some 5,500 rejected absentee ballots that they say were improperly rejected. The copies of ballot envelopes the Coleman campaign wanted to admit into evidence weren’t clear enough to be considered proper evidence, the panel rules. Many of the copies were of poor quality and had markings and notes from Coleman campaign officials written on them. Judge Denise Reilly asks one witness, “If I look at these exhibits, how do I know what was put on there by the voter… or the election judge or someone else?” If the Coleman campaign wants to enter the ballots into evidence, it will have to secure the originals from 87 counties, a difficult task. The ruling leaves Coleman’s lawyers at ends for the remainder of the day, with one lawyer saying the team had no plans to go forward without the facsimiles being admitted into evidence. The rejected absentee ballots are a critical element of the Coleman case, which states that thousands of absentee ballots were improperly rejected or were considered with stricter standards than ballots that were counted. One hundred and seventy-six votes out of Franken’s 225-vote margin of victory came from recounted absentee ballots, and the Coleman campaign wants more absentee ballots counted, contending that the rejected ballots would give Coleman the victory. Franken’s attorneys say Coleman is merely fishing for votes, and producing arbitrary reasons to get more ballots into the count. Coleman’s lawyers also contend that some ballots, mostly for Franken, were “double-counted,” and cite results from the town of Eagan as “proof.” Eagan election officials say they have gone through their ballot counts and have found no evidence of any double-counting. Eagan City Clerk Maria Petersen says: “We’re confident, based on the information available to us, that no votes were counted twice. They were counted only once.” (Stassen-Berger 1/26/2009)

FedUpUSA, a group of investors in Troy, Michigan, issues a call for people to send tea bags to Congress as a sign of their disapproval of Democratic economic policies. The group calls the event a “Commemorative Tea Party.” This will become one of the earliest events in the history of the “tea party” movement. (Burghart and Zeskind 8/24/2010) Nineteen days later, CNBC commentator Rick Santelli will launch what he calls an unplanned, “impromptu” rant against the Obama administration’s economic policies, in which he will call for a “tea party” protest (see February 19, 2009).

Nationally prominent conservative blogger Michelle Malkin promotes an anti-economic stimulus rally in Seattle being organized by an area math teacher, Keli Carender (see February 10, 2009 and February 12, 2009), writing: “There should be one of these in every town in America. What are you doing?” Malkin also posts a response from Carender expressing her gratitude at the mention, and adding: “I wanted to give the Coloradans some advice for gathering folks there, and believe me, you have the time. I got the permit for the park here on Tuesday, and now look, by Sunday, it is ALL OVER THE PLACE. I emailed everyone I knew. I emailed friend’s parents who I knew were Conservative, I emailed my parents’ friends, bloggers, etc. I called everyone I could think of, policy think tanks, ‘movers and shakers’ in the Seattle Republican Party, Conservative organizations, college professors, etc. (From this I have forged a relationship with the chairwoman of the National Black Republican Association who is going to write a statement for me to read, as she cannot get to Seattle on Monday.) I called local Conservative talk radio stations and they have been running it all week. I lived and breathed this thing for four days, which did cause me to miss a couple of things here and there, but it is totally worth it. Basically everyone, you just have to do it. Call up your police station or parks department and ask how you can obtain a permit, and then just start advertising. The word will spread. I am only one person, but with a little hard work this protest has become the efforts of A LOT of people. To the people who think this won’t help I say this: this protest will not stop the bill. I have no illusions that it could. I’m hoping for a few things though. One, that the Conservatives and Libertarians and Republicans in Seattle can finally meet each other and see they are not alone. There are actually quite a lot of us here, but we are very quiet, and that MUST STOP. We need to show that we exist. Second, we need to show support for the Republicans and Democrats that voted against the porkulus. If they think, for one second, that they made a bad choice, we have no chance to fight. Third, it sends a message to [President] Obama and [House Speaker Nancy] Pelosi [D-CA] that we are awake and we know what’s happening, and we are not going to take it lying down. It is a message saying, expect more opposition because we’re out here. That’s it! I hope everyone across the country can get something going too!!!” (Michelle Malkin 2/15/2009; Hamsher 4/15/2009) Carender’s rally is later considered one of the seminal events in the nascent “tea party” movement (see February 16-17, 2009). Liberal blogger Jane Hamsher will note, “First [tea party] rally organized on a three week-old blog with help from folks from Fox News Radio, the Young Republicans, the Young America’s Foundation (CPAC—see (February 11, 2009)), and a GOP House candidate who works for an Internet marketing firm.” (Hamsher 4/15/2009)

The Denver Metro Young Republicans post on their blog that the lobbying organization Americans for Prosperity (AFP) “will be holding a[n economic stimulus] protest on the Colorado Capitol steps tomorrow (Tuesday) from 12:15-2:00.” AFP will become one of the largest and most influential financial and organizational backers of the tea party movement (see Late 2004, February 16-17, 2009, February 19, 2009 and After, and April 2009 and After). (Hamsher 4/15/2009)

Protesters in front of the Colorado State Capitol wave anti-Obama, pro-Ayn Rand signs and large ‘checks’ from the federal government representing ‘pork’ spending.Protesters in front of the Colorado State Capitol wave anti-Obama, pro-Ayn Rand signs and large ‘checks’ from the federal government representing ‘pork’ spending. [Source: People's Press Collective / Michelle Malkin]Hundreds of protesters gather on the steps of the Colorado State Capitol to protest President Obama’s signing of the economic stimulus legislative package (see February 16, 2009). The rally is organized by, among others, the Colorado chapter of Americans for Prosperity (see Late 2004, February 16-17, 2009, February 19, 2009 and After, and April 2009 and After), the Independence Institute, and blogger Michelle Malkin. Former House Representative Tom Tancredo (R-CO) is one of the speakers, along with a number of state and local Republican politicians. Malkin writes after the rally: “[H]opefully, [the rally] will spur others to move from the phones and computers to the streets. Community organizing helped propel Barack Obama to the White House. It could work for fiscal conservatism, too.” Liberal blogger Jane Hamsher later notes that the Independence Institute is funded by the Coors Foundation’s Castle Rock Foundation, which operates as something of a “mini Heritage Foundation in Colorado.” Beer billionaire and conservative financier Jeffrey Coors sits on the board of the Institute. Hamsher later writes, “According to Michelle Malkin, second rally organized by Koch/Americans for Prosperity, Coors/Independence Institute, former GOP congressman and Independence Institute fellow Tom Tancredo.” (Michelle Malkin 2/17/2009; Hamsher 4/15/2009)

A rally against the Obama economic stimulus plan takes place in Mesa, Arizona, another in a spate of “porkulus” protests (see February 16-17, 2009 and February 17, 2009). The rally is organized by a talk-radio station, KFYI, owned and operated by Clear Channel, the nation’s largest radio ownership cartel. Former Congressman J.D. Hayworth (R-AZ) is a featured speaker and co-host. KFYI shock jock Bruce Jacobs, Hayworth’s fellow host, adds a flavor of racism to the event, pointing to Hispanic demonstrators and saying, “Look at how illiterate some of these illegals are.” (Hamsher 4/15/2009)

CNBC stock analyst Rick Santelli’s “impromptu” on-air “rant” against President Obama’s economic stimulus program, in which Santelli calls for a “tea party” protest and tells viewers he intends to begin organizing a “Chicago Tea Party,” galvanizes nascent “tea party” groups around the nation. Chicago radio producer Zack Christenson has already registered the Internet domain “chicagoteaparty.com” (see August 2008), and hours after Santelli’s rant Christenson puts up a “homemade” tea party Web site. A Chicago Libertarian activist, Eric Odom (see After November 7, 2008), puts up a similar site at “officialchicagoteaparty.com.” The next day, the short-lived “Nationwide Tea Party Coalition” forms. At the same time, a new Facebook group, “Rick Santelli is right, we need a Taxpayer (Chicago) Tea Party,” is created by Phil Kerpen of Americans for Prosperity, and is administered by Odom. The Facebook page leads back to a site called “taxpayerteaparty.com,” run by Americans for Prosperity. Simultaneously, Brendan Steinhauser, the campaign director of FreedomWorks (see March 2, 2009) and another administrator of the Facebook group, begins organizing “tea party” groups—or actually continues his efforts, since on February 9, 10 days before Santelli’s broadcast, he had contacted a Florida activist who had attended a FreedomWorks training session and asked her to organize a protest in Fort Myers. Steinhauser later writes that the day after Santelli’s broadcast: “I just wrote this little 10 quick easy steps to hold your own tea party, wrote it up, and kinda was proud of it and sent it to Michelle Malkin. She linked to it from her blog.” Malkin’s blog is overwhelmed by the response. FreedomWorks staffers call activists around the country asking them to organize “grassroots” tea party organizations, and on March 9, FreedomWorks announces a nationwide “Tea Party Tour,” saying in a statement, “From [Santelli’s] desperate rallying cry FreedomWorks has tapped into the outrage building from within our own membership as well as allied conservative grassroots forces to organize a 25-city Tea Party Tour where taxpayers angry that their hard-earned money is being usurped by the government for irresponsible bailouts, can show President Obama and Congressional Democrats that their push towards outright socialism will not stand.” By February 27, the first official “tea party” events take place, organized by the Sam Adams Alliance, FreedomWorks, and Americans for Prosperity. Many of the original organizations will eventually be subsumed by, or merge with, national structures, again primarily organized and funded by FreedomWorks, Americans for Prosperity, and other right-wing lobbying organizations. Eventually, six nationwide networks will form (see August 24, 2010). (Hamsher 4/15/2009; Burghart and Zeskind 8/24/2010) During this period, conservative media outlets such as the Weekly Standard will claim that the tea party movement was entirely spontaneous in its origins (see March 2, 2009). However, facts stand in the way of that claim (see February 15, 2009, February 16, 2009, February 17, 2009, February 18, 2009, March 13, 2009 and After, April 2009 and After, April 6-13, 2009, April 8, 2009, April 14, 2009, April 15, 2009, April 16, 2009, July 23, 2009, July 24, 2009, August 4, 2009, August 4, 2009, August 5, 2009, August 6, 2009, August 6-7, 2009, August 10, 2009, August 10, 2009, August 11, 2009, August 28, 2009, July 3-4, 2010, August 30, 2010, and September 20, 2010).

The photo Mayor Grose sent out to, among others, an African-American community member.The photo Mayor Grose sent out to, among others, an African-American community member. [Source: Keyanus Price]The mayor of Los Alamitos, a small city in Orange County, California, causes an uproar when he sends a “joke” e-mail that shows the White House with a watermelon patch taking the place of the usual White House garden. The e-mail is entitled “No Easter Egg hunt this year.” Among the recipients are the members of the City Council, and black businesswoman and community volunteer Keyanus Price. Price explains, “I think he’s saying that since there’s a black president, there will be no need to hunt for eggs since they’re growing watermelons in the front yard this year.” Price replies to the e-mail, sent by Mayor Dean Grose, with the response: “Hey, that’s not nice at all. Not all black people like watermelon… you should know better than that.” Grose’s initial reply fails to respond to the racial content, and reads: “The way things are today, you gotta laugh every now and then. I wanna see the coloring contests.” Price says Grose’s response upset her even more than the original e-mail. “As soon as I saw his response; that put me over the top because it was no big deal to him,” she says. “I was horrified when I read that e-mail. What I’m concerned about is how can this person send an e-mail out like this and think it is OK?” When Orange County residents and city leaders begin protesting the racially insensitive e-mail, Grose issues an apology to Price, her boss, and the City Council; it reads in part: “I am deeply embarrassed in receiving your e-mail, and for any harm or hurt that it may have caused. It was poor judgment on my part and was never intended to be offensive to Ms. Price, your company or anyone in the African-American community.… I in no way was representing the City of Los Alamitos, or my role as a council member in sending this out and it went via my private business e-mail. That doesn’t justify the fact that it was sent, however, we gratefully appreciate the contributions that your company makes to our community and I wish to publically apologize to anyone within the firm or organization that may have been offended. I am truly sorry.” Some residents are not mollified. “It appalls me how much racial insensitivity continues in this day and age,” says Aliso Viejo resident Brian Alpers. “Even forwarding e-mails like that continue to perpetuate stereotypes and yes, even racial hatred.” 74-year old Marjorie McDowall says: “It reminds me of my childhood and all the filthy jokes there were about blacks. It’s really offensive. I thought we were beyond that. I really did.” Robert Graham adds: “To me, it’s not so much the e-mail that was sent but the comment that was sent afterward that supports it. For me, as a resident and he being my mayor, it reflects on the rest of our community. He’s our representative not only to the county, but the state as well.” An unidentified person smashes a watermelon in front of Grose’s office, apparently either in protest or retaliation for the e-mail. Two days after sending the e-mail, Grose announces that he will resign as mayor of Los Alamitos. “The attention brought to this matter has sadly created an image of me which is most unfortunate,” he writes. “I recognize that I’ve made a mistake and have taken steps to make sure this is never repeated.” (Fletcher 2/24/2009; Fletcher 2/24/2009; Fletcher 2/26/2009; Fletcher 2/26/2009)

Mark Ames.Mark Ames. [Source: Guardian]CNBC’s Rick Santelli has become something of a superstar among conservative media pundits and others exasperated by the Obama economic bailouts, after engaging in a purportedly impromptu “rant” during an on-air broadcast (see February 19, 2009). Investigative reporters Mark Ames and Yasha Levine discover that Santelli’s rant may have been a pre-planned incident timed to coincide with the launch of a so-called “tea party movement” predicated on opposing the Obama administration and supporting conservative and Republican ideas and agendas. In the hours and days following Santelli’s appearance on CNBC, the authors write, “[a] nationwide ‘tea party’ grassroots Internet protest movement has sprung up seemingly spontaneously, all inspired by Santelli, with rallies planned today in cities from coast to coast to protest against Obama’s economic policies.”
Connections to the Koch Family - Ames and Levine write that Santelli’s CNBC “rant” was “a carefully-planned trigger for the anti-Obama campaign. In PR terms, his February 19th call for a ‘Chicago Tea Party’ was the launch event of a carefully organized and sophisticated PR campaign, one in which Santelli served as a frontman, using the CNBC airwaves for publicity, for the some of the craziest and sleaziest right-wing oligarch clans this country has ever produced.” Ames and Levine are referring to the Koch family, headed by Fred Koch (see 1940 and After), the billionaire co-founder of the extremist John Birch Society (see March 10, 1961 and December 2011) and whose sons are heavy donors to right-wing think tanks and advocacy groups such as the Cato Institute (see 1977-Present) and FreedomWorks (see 1984 and After).
ChicagoTeaParty.com - On the air, Santelli said, “We’re thinking of having a Chicago tea party in July, all you capitalists who want to come down to Lake Michigan, I’m gonna start organizing.” Within minutes, Matt Drudge of the Drudge Report had posted headlines about the “tea party” rant on his Web site. Within hours, a new Web site, chicagoteaparty.com, had appeared, featuring a YouTube video of Santelli’s rant and calling itself the official home of the Chicago Tea Party. The domain name had been registered months before by right-wing media figure Zack Christenson (see August 2008), but had remained dormant until after Santelli spoke on CNBC. Ames and Levine note that Christenson bought the domain around the same time that Milt Rosenburg, the Chicago talk show host whom Christenson produces, began attempting to link then-presidential candidate Barack Obama with “left-wing terrorist” William Ayers (see August 2008). Ames and Levine write: “That Rosenberg’s producer owns the ‘chicagoteaparty.com’ site is already weird—but what’s even stranger is that he first bought the domain last August, right around the time of Rosenburg’s launch of the ‘Obama is a terrorist’ campaign. It’s as if they held this ‘Chicago tea party’ campaign in reserve, like a sleeper-site. Which is exactly what it was.”
The Sam Adams Alliance - The ChicagoTeaParty.com Web site, Ames and Levine report, is part of a larger network of conservative Web sites set up over the last few months under the auspices of the “Sam Adams Alliance” (SAA), an organization linked to the Koch family and to FreedomWorks, a public relations group funded by Koch and headed by former Republican House Majority Leader Dick Armey (see April 14, 2009). The SAA is a Chicago-area libertarian/conservative group named for Samuel Adams, who led the Boston Tea Party protest in 1773. (Ames and Levine 2/27/2009) In 2008, the New York Times described the SAA as having “started an ambitious project this year to encourage right-leaning activists and bloggers to get online and focus on local and state issues.” (Phillips 7/19/2008)
OfficialChicagoTeaParty.com - Another Web site, officialchicagoteaparty.com, went live on February 19 as well. That site is registered to Eric Odom, a Republican specializing in faux-grassroots PR campaigns sometimes called “astroturf” (see April 15, 2009). Odom has worked with Koch Industries, a large oil and natural gas corporation and the source of the Koch family fortune, in supporting offshore oil-drilling legislation. Odom was, until January 2009, the “new media coordinator” for the Sam Adams Alliance. Upon his departure, the SAA removed Odom’s name from its Web site. The SAA also removed any mention of Koch’s funding, or any other connections between Koch and the organization, from its site. Two of the SAA’s board members, Eric O’Keefe and Joseph Lehman, are tied both to Koch and to FreedomWorks.
FreedomWorks - In the hours after Santelli’s rant, FreedomWorks posted a large photo of Santelli on its Web site’s front page with the caption: “Are you with Rick? We are. Click here to learn more.”
Other Sites - In the hours after Santelli’s rant, other Web sites such as Right.org, promoting a tea party support group that purports to be a citizen-launched organization “created by a few friends who were outraged by the bailouts” and headed by “Evan and Duncan,” and numerous pro-tea party Facebook pages, were launched. Right.org is sponsoring a $27,000 prize for an “anti-bailout video competition.” Ames and Levine ask: “Who are Evan and Duncan? Do they even really exist?”
No Connections on the Surface - Ames and Levine note that the numerous Web sites and Facebook pages have remarkable similarities in language and appearance, “as if they were part of a multi-pronged advertising campaign planned out by a professional PR company. Yet, on the surface, they pretended to have no connection. The various sites set up their own Twitter feeds and Facebook pages dedicated to the Chicago Tea Party movement. And all of them linked to one another, using it as evidence that a decentralized, viral movement was already afoot. It wasn’t about partisanship; it was about real emotions coming straight from real people.”
Santelli and the Tea Party Organizers - Ames and Levine ask why Santelli, and CNBC, would “risk their credibility, such as it is, as journalists dispensing financial information in order to act as PR fronts for a partisan campaign.” Santelli’s contract with CNBC is about to expire, they note. Until the “tea party” rant, Santelli was an obscure financial commentator with few prospects. Now, though, he is a “hero” of the right. As another Chicago tea party organization, the Daily Bail, wrote on its site: “Rick, this message is to you. You are a true American hero and there are no words to describe what you did today except your own. Headquartered nearby, we will be helping the organization in whatever way possible.” Ames and Levine speculate that Santelli may have been brought into the fold by one of his CNBC colleagues, Lawrence Kudlow, who himself has strong connections to FreedomWorks. (Ames and Levine 2/27/2009) Steve Megremis of the Daily Bail will call Ames and Levine’s allegations about his Web site’s involvement “categorically untrue,” writing: “It’s unfortunate because I believe that the article did some great investigative work and then at the end they threw me under the bus for no apparent reason. Apparently, the authors just assumed we were part of this conspiracy because of my own personal excitement about the prospect of a mid-summer tea party.” Megremis will post a response on his site, but the response will soon disappear. (Barry Ritholtz 2/28/2009)
Playboy Removes Article - By March 2, Playboy will remove the Ames and Levine article from its Web site. No explanation is offered. The article will instead become available on a Web site called “The Exiled,” which bills itself as an “alternative” press outlet. (Jeffrey Feldman 3/2/2009)

Megan McArdle.Megan McArdle. [Source: New Economist (.com)]The Atlantic’s business blogger, Megan McArdle, lambasts Playboy for publishing an article that claims the Rick Santelli “tea party” “rant” (see February 19, 2009) may have been a pre-planned incident designed to coincide with the launch of a number of “tea party” Web sites and “grassroots” organizations (see February 27, 2009). McArdle says that the suspicious timing of the chicagoteaparty.com Web site launch, hours after Santelli’s “impromptu” rant on CNBC, was nothing more than an example of someone “leap[ing] in when opportunity arose.” McArdle denies that oil giant Koch Industries, or the Koch family, funds the conservative lobbying firm FreedomWorks (see April 14, 2009), and says, “[A]stroturfing [the practice of forming fake ‘grassroots’ organizations clandestinely organized and funded by lobbying groups or corporate entities] doesn’t really seem like their style.” McArdle may not be aware of a recent Wall Street Journal expose of a FreedomWorks “astroturf” endeavor (see May 16, 2008). She does acknowledge that since FreedomWorks does not publicize its donor list, she cannot be sure Koch is not funding the group. She admits that many “tea party” organizations are funded and operated by large conservative PR and lobbying firms, and writes: “So what? Groups—often funded by God knows who—coordinate protests.” McArdle calls the article’s allegation that Santelli participated in a pre-planned, scripted event “potentially libelous,” and writes, “If I were Santelli, I’d sue.” At the very end of her column, McArdle admits that she lives with a former FreedomWorks official, Peter Suderman. She denies that Suderman influenced her writing in any way except to give her an e-mail address of “the right employee to… make inquiries” of at the firm. “I haven’t asked him about his former employer, and he hasn’t told me anything. I debated whether to write about this, but since I’m not actually defending FreedomWorks, I think it’s kosher.” (McArdle 3/2/2009) Shortly after posting her column online, McArdle posts a follow-up, with details of her conversation with FreedomWorks official Brendan Steinhauser. She identifies Steinhauser as “the chap at FreedomWorks who has helped organize the tea parties.” She calls the firm “completely open about their interest in furthering the tea parties” (see May 16, 2008 and March 13, 2009 and After). She says Steinhauser got the idea for the “tea parties” from Michelle Malkin’s blog, which is at odds with Santelli’s claim of “spontaneously” using the term (see March 2, 2009). (McArdle 3/2/2009)

Mark Ames and Yasha Levine, the reporters-turned-bloggers who recently caused a firestorm of controversy with their article on Playboy.com accusing CNBC commentator Rick Santelli of colluding with FreedomWorks and the Koch family in launching the anti-Obama “tea party” movement (see February 19, 2009 and February 27, 2009), discuss Playboy’s recent unexplained deletion of their article from its Web site. AlterNet editor Jan Frel writes that Playboy’s action was likely taken due to fear of libel suits. In an e-mail to Frel, Ames and Levine write: “There has been a lot of speculation as to why Playboy removed our original article from its site. Let us put it this way: When you look at the fallout from our article—FreedomWorks admits its role in the teaparty, Santelli issues a giant lawyer-penned opus about how he loves Obama (see March 2, 2009), and CNBC (whose parent company is the megaconglomerate General Electric) frightens a bunch of Astroturfing Web sites into dropping Santelli’s name and into revealing their own PAC sponsors (see March 2, 2009)—then it’s clear we hit the bull’s-eye and stirred up the wrath of a very scary monster. Given all of this, it would not be unreasonable for one to consider the possibility (as many have) that the multigazilliondollar megabeast GE threatened the much smaller independent media company Playboy with a terrifying and expensive lawsuit, which, given the current financial crisis, is not something anyone but another GE-sized megabeast could cope with. ‘Nuf said on that.” Frel notes that some of the critics of Ames and Levine have their own ties to the subjects of the controversy. Playboy has a film deal with NBC Universal, the parent company of CNBC. The New York Times, which has been critical of the story, has disclosed its content-sharing agreement with CNBC. And Atlantic Monthly blogger Megan McArdle, who has attacked the credibility of the story, has disclosed that she lives with a man who used to work for FreedomWorks and who has engaged in similar “astroturfing” incidents as the ones Ames and Levine reported on in their article (see March 2, 2009). (Frel 3/3/2009)

Michael Savage, a conservative radio host, calls President Obama a “dictator” as part of a larger diatribe against the president. He calls Obama “a young, articulate rabble-rouser” who “is espousing a message that I call ‘trickle-up poverty’.… Where it ends? I know where it ends, because I’ve studied history. I know where it ends. The signal as to when this begins, when the end begins, will be when he organizes a militia directly under his own control. He will not call it a militia. It will be called, perhaps, the ‘Ecology Corps’ or the ‘Environment Corps,’ or the ‘Global Warming Corps,’ or the ‘Energy Corps.’” Savage may be referring to Obama’s efforts to revive the moribund Americorps, a volunteer organization (see November 11, 2008 and March 31, 2009). “Whatever it will be called, they will all wear uniforms. They will either be blue denim or green denim. They will have the executive power under the ‘urban czar’ to come into your home without any court order to investigate your energy use, but they will be looking for other things as well. Would you have any chance to stand up to this army of Obamaites?” Savage asks, rhetorically, if he has “gone over the edge,” and then says: “I’ve gone over the edge before, and every time I have, I’ve been right eventually. I see the handwriting on the wall. Obama is a dictator.” Savage accuses liberals of failing to understand that any dictatorship, leftist or rightist, “is not going to be good for your children.” He then shouts, “Someone has to oppose this man.” He also claims that the White House “is going after” anyone who criticizes it, and repeatedly mixes his accusations of “government” persecution with “media” persecution of White House or Obama critics. “Fundamentally,” Savage concludes, “we have a dictatorship emerging.… Now I’ll make another prediction. I predict that very soon, Obama will create a crisis along the lines of the Reichstag Fire [the 1933 attack on the Reichstag by Nazi militiamen, who later blamed the fire on Communists, and used the attack to gain control of the German government]. I don’t know what form it will take. But I believe that once the minions are seen for what they are, Rahm Emanuel [the White House chief of staff] and his gang will set off a Reichstag Fire in this country of some kind, and they will” begin arresting US citizens without warrants much as President Lincoln did during the Civil War. “I will tell you as I sit here I fear that every night as I go to sleep.” Savage offers no evidence for any of his claims. (Media Matters 3/4/2009) Two days later, Savage calls Obama a “neo-fascist dictator in the making.” (Media Matters 3/6/2009) Savage has called the landmark civil rights decision Brown v. Board “sickening” (see May 18, 2004), accused Obama of being educated in a radical Islamic madrassa (see January 10, 2008 and April 3, 2008) and being a potential “radical Muslim” (see February 21, 2008), called Obama’s presidential victory “the first affirmative-action election in American history” (see February 1, 2008), accused Obama of being sympathetic towards the Nazis and the Imperial Japanese of World War II (see March 13, 2008), said that homeless Americans should be put in “work camps” (see June 6, 2008), called Obama an “Afro-Leninist” (see June 6, 2008), said that welfare recipients should lose the right to vote (see October 22, 2008), accused Obama of using his grandmother’s death to conceal his “efforts” to falsify his Hawaiian birth certificate (see November 10, 2008), and accused Obama of planning to fire all the “competent white men” in government once he became president (see November 18, 2008). Other conservatives, including Fox News’s Glenn Beck, will accuse Obama of being a Nazi, or of intending to create a “Reichstag Fire” crisis to gain power (see September 29, 2009 and October 3, 2010).

Representative Michele Bachmann (R-MN—see October 17-22, 2008), interviewed by conservative radio host William Bennett, decries what she calls the Obama administration’s push for “socialized medicine” and a “new tax on energy,” and says: “If you want to look at economic history over the last 100 years, I call it punctuated equilibrium. If you look at FDR, LBJ, and Barack Obama, this is really the final leap to socialism.… And as the Democrats are about to institutionalize cartels—that’s what they’re very good at—they’re trying to consolidate power, so we need to do everything we can to thwart them at every turn to make sure that they aren’t able to, for all time, secure a power base that for all time can never be defeated.” (Aden 3/5/2009) Bachmann is joined by House colleague Zach Wamp (R-TN), who says of the Obama health care plan: “It’s probably the next major step towards socialism. I hate to sound so harsh, but… this literally is a fast march towards socialism, where the government is bigger than the private sector in our country and health care’s the next major step, so we oughta all be worried about it.” (Weiner 3/5/2009)

By a 5-4 vote, the US Supreme Court narrows the provisions of the Voting Rights Act (VRA—see August 6, 1965 and July 27, 2006), ruling in Bartlett v. Strickland that the VRA does not require state governments to draw electoral districts favorable to minority candidates in places where minorities make up less than half the population. The Court rules that race must be considered only in drawing boundaries where a “geographically compact group of minority voters” make up at least 50 percent of a single-member district. Law professor Richard Hasen says that because of the Court’s ruling, 50 percent is now a “magic number.” The decision makes it more difficult for minorities to challenge redistricting efforts that they believe may dilute voting rights after the upcoming 2010 census. Writing for the plurality opinion, Justice Anthony Kennedy writes: “There is an underlying principle of fundamental importance: We must be most cautious before interpreting a statute to require courts to make inquiries based on racial classifications and race-based predictions.” Chief Justice John Roberts and Justice Samuel Alito join with Kennedy’s opinion; Justices Antonin Scalia and Clarence Thomas file a concurring opinion that claims no minorities should ever be able to go to court with complaints about minority vote dilution. The four moderate/liberal justices on the Court dissent. Hasen says that Kennedy’s opinion makes it likely that he will join the Court’s right wing to further limit the VRA in upcoming cases: Hasen says Kennedy seems open to interpreting the VRA “in ever stingier ways.” However, Kennedy also writes: “Racial discrimination and racially polarized voting are not ancient history. Much remains to be done to ensure that citizens of all races have equal opportunity to share and participate in our democratic processes and traditions.” The case hinges on a decision by the North Carolina legislature to enhance minority representation by creating a voting district that crosses county lines; the Court strikes down the district and rejects arguments that the district is needed for North Carolina to comply with the VRA. Instead, Kennedy writes, only districts where minorities made up more than 50 percent are protected under the VRA. Justice David Souter, writing the four-justice dissent, says that such “crossover districts” are sometimes needed to fulfill the goals of the VRA, and that the Court’s finding will “force the states to perpetuate racially concentrated districts, the quintessential manifestations of race consciousness in American politics.” It will require states “to pack black voters” into districts in which minorities make up the majority, Souter writes, “contracting the number of districts where racial minorities are having success in transcending racial divisions.” (Liptak 3/9/2009; Barnes 3/10/2009)

9/12 Project logo.9/12 Project logo. [Source: Springfield 9/12]Conservative radio and Fox News television host Glenn Beck tearfully announces the inception of the “9/12” project, which he claims is a nonpartisan effort to reclaim the spirit of cooperation and unity that suffused the nation on September 12, 2001, the day after the 9/11 attacks. “We weren’t told how to behave that day after 9/11, we just knew,” he says. “It was right; it was the opposite of what we feel today.” With tears flowing down his cheeks, Beck asks, “Are you ready to be the person you were that day after 9/11, on 9/12?” He assures his viewers, “You are not alone,” and says that the project has already grown into “something that millions are now participating in.” The project is “not about parties or politics or anything else,” he continues, but “about proving that the real power to change America’s course still resides with you. You are the secret. You are the answer.” He apologizes for his on-air weeping, and, holding his hand over his heart, sniffles: “I just love my country, and I fear for it. And it seems that the voices of our leaders and the special interests and the media that are surrounding us, it sounds intimidating. But you know what? Pull away the curtain. You’ll realize that there isn’t anybody there. It’s just a few people that are pressing the buttons, and their voices are actually really weak. Truth is, they don’t surround us. We surround them. This is our country.” He tells his viewers to visit The912Project.com, the Web site for the new organization. Beck then cuts to his producer, Steve (Stu) Burguiere, broadcasting from a “massive gathering” in Hollywood, “one of the most liberal cities in the country.” Burguiere begins reporting from an empty room, and begins by saying, “There’s still no one here.” He reiterates Beck’s opening line of “You’re not alone, unless you’re me.” Beck says, “Well, it must be traffic or something.” (Media Matters 3/13/2009; Media Matters 9/11/2009) Days before, Beck had announced his “We Surround Them” movement (see March 9, 2009), featuring actor/martial arts expert and secessionist Chuck Norris. The two organizations seem to dovetail with one another, and with the “tea party” groups (see April 8, 2009). Bloggers at SaveTheRich (.com) later learn that the 9/12 movement is actually a creation of FreedomWorks (see April 14, 2009), the conservative, corporate-funded “astroturf” organization behind the 2009 anti-health care protests. The organization begins planning for its September 12, 2009 march on Washington the same day as Beck announces his 9/12 project on Fox. SaveTheRich concludes that the entire project is a collusion between Fox News and FreedomWorks. Beck does not inform his audience of the connections between the organizations and his project. (SaveTheRich (.com) 4/17/2009; Media Matters 9/11/2009)

The US Supreme Court hears the case of Citizens United v. Federal Election Commission, in which the Federal Election Commission (FEC) refused to let the conservative lobbying organization Citizens United (CU) air a film entitled Hillary: The Movie during the 2008 presidential primary season (see January 10-16, 2008). The FEC ruled that H:TM, as some have shortened the name, was not a film, but a 90-minute campaign ad with no other purpose than to smear and attack Senator Hillary Clinton (D-NY) as being unfit to hold office. A panel of appeals judges agreed with the FEC’s ruling, which found the film was “susceptible of no other interpretation than to inform the electorate that Senator Clinton is unfit for office, that the United States would be a dangerous place in a President Hillary Clinton world, and that viewers should vote against her.” As a campaign ad, the film’s airing on national network television came under campaign finance laws, particularly since the film was financed by corporate political donations. CU was allowed to air the film in theaters and sell it in DVD and other formats, but CU wanted to pay $1.2 million to have the movie aired on broadcast cable channels and video-on-demand (pay per view) services, and to advertise its broadcast. CU president David Bossie (see May 1998) hired former Bush Solicitor General Theodore Olson after the Supreme Court agreed to hear the case. Bossie denies that he chose Olson because of their shared loathing of the Clintons—they worked together to foment the “Arkansas Project,” a Clinton smear effort that resulted in Congress unsuccessfully impeaching President Clinton—but because Olson gave “us the best chance to win.” Bossie dedicated the Clinton film to Barbara Olson, Olson’s late wife, who died in the 9/11 attacks (see (Between 9:15 a.m. and 9:25 a.m.) September 11, 2001). (Barnes 3/15/2009; Richey 3/23/2009) “I just don’t see how the Federal Election Commission has the authority to use campaign-finance rules to regulate advertising that is not related to campaigns,” Bossie told reporters last year. (Richey 2/1/2008)
Uphold or Cut Back McCain-Feingold? - Observers, unaware of the behind-the-scenes machinations, believe the case gives the Court the opportunity to either uphold or cut back the body of law stemming from the Bipartisan Campaign Reform Act (BCRA, or McCain-Feingold) campaign finance law (see March 27, 2002), which limits the ability of corporations and labor unions to spend unlimited amounts of money on political advertising before elections. CU is arguing that the BCRA is unconstitutional, having argued before a previous court that the the BCRA law was unconstitutional in the way it was being enforced by the FEC against its film. In its brief to the Court, CU denies the film is any sort of “electioneering,” claiming: “Citizens United’s documentary engages in precisely the political debate the First Amendment was written to protect… The government’s position is so far-reaching that it would logically extend to corporate or union use of a microphone, printing press, or the Internet to express opinions—or articulate facts—pertinent to a presidential candidate’s fitness for office.” The Justice Department, siding with the FEC, calls the film an “unmistakable” political appeal, stating, “Every element of the film, including the narration, the visual images and audio track, and the selection of clips, advances the clear message that Senator Clinton lacked both the integrity and the qualifications to be president of the United States.” The film is closer to a political “infomercial” than a legitimate documentary, the Justice Department argues. The film’s “unmistakable message is that Senator Clinton’s character, beliefs, qualifications, and personal history make her unsuited to the office of the President of the United States,” according to a Justice Department lawyer, Edwin Kneedler, who filed a brief on behalf of the FEC. The Justice Department wants the Court to uphold FEC disclosure requirements triggered by promotional ads, while Olson and CU want the Court to strike down the requirements. Olson says financial backers of films such as H:TM may be reluctant to back a film if their support becomes publicly known. Kneedler, however, writes that such disclosure is in the public interest. The Reporters Committee for Freedom of the Press (RCFP) is joining CU in its court fight, stating in a brief, “By criminalizing the distribution of a long-form documentary film as if it were nothing more than a very long advertisement, the district court has created uncertainty about where the line between traditional news commentary and felonious advocacy lies.” Scott Nelson of the Public Citizen Litigation Group, which supports the BCRA, disagrees with RCFP’s stance, saying, “The idea that [the law] threatens legitimate journalism and people who are out creating documentaries, I think, is a stretch.” (Barnes 3/15/2009; Richey 3/23/2009) The RCFP has said that the movie “does not differ, in any relevant respect, from the critiques of presidential candidates produced throughout the entirety of American history.” And a lawyer with the RCFP, Gregg P. Leslie, asked, “Who is the FEC to decide what is news and what kind of format news is properly presented in?” (Liptak 3/5/2009)
Filled with False Information - The movie was relentlessly panned by critics, who found much of its “information” either misrepresentative of Clinton or outright false. CU made several other films along with the Clinton documentary, which included attacks on filmmaker Michael Moore, the American Civil Liberties Union, illegal immigrants, and Clinton’s fellow presidential contender Barack Obama (D-IL—see October 28-30, 2008). (Barnes 3/15/2009; Richey 3/23/2009)
Arguments Presented - Olson and his opponent, Deputy Solicitor General Malcolm Stewart, present arguments in the case to the assembled Court. Traditionally, lawyers with the Solicitor General (SG)‘s office are far more straightforward with the Court than is usual in advocacy-driven cases. New Yorker reporter Jeffrey Toobin later writes: “The solicitor general’s lawyers press their arguments in a way that hews strictly to existing precedent. They don’t hide unfavorable facts from the justices. They are straight shooters.” Stewart, who clerked for former Justice Harry Blackmun and is a veteran of the SG office since 1993, is well aware of the requirements of Court arguments. Justice Samuel Alito, a conservative justice with a penchant for asking tough questions that often hide their true intentions behind carefully neutral wording, is interested in seeing how far he can push Stewart’s argument. Does the BCRA apply only to television commercials, he asks, or might it regulate other means of communication during a federal campaign? “Do you think the Constitution required Congress to draw the line where it did, limiting this to broadcast and cable and so forth?” Could the law limit a corporation from “providing the same thing in a book? Would the Constitution permit the restriction of all those as well?” Stewart says that the BCRA indeed imposes such restrictions, stating, “Those could have been applied to additional media as well.” Could the government regulate the content of a book? Alito asks. “That’s pretty incredible. You think that if a book was published, a campaign biography that was the functional equivalent of express advocacy, that could be banned?” Stewart, who tardily realizes where Alito was going, attempts to recover. “I’m not saying it could be banned,” he responds. “I’m saying that Congress could prohibit the use of corporate treasury funds and could require a corporation to publish it using its—” Justice Anthony Kennedy, considered a “swing” justice in some areas but a reliable conservative vote in campaign-spending cases, interrupts Stewart. “Well, suppose it were an advocacy organization that had a book,” Kennedy says. “Your position is that, under the Constitution, the advertising for this book or the sale for the book itself could be prohibited within the 60- and 30-day periods?” Stewart gives what Toobin later calls “a reluctant, qualified yes.” At this point, Roberts speaks up. According to Toobin, Roberts intends to paint Stewart into something of a corner. “If it has one name, one use of the candidate’s name, it would be covered, correct?” Roberts asks. Stewart responds, “That’s correct.” Roberts then asks, “If it’s a 500-page book, and at the end it says, ‘And so vote for X,’ the government could ban that?” Stewart responds, “Well, if it says ‘vote for X,’ it would be express advocacy and it would be covered by the preexisting Federal Election Campaign Act (FECA—see February 7, 1972, 1974, May 11, 1976, and January 8, 1980) provisions.” Toobin later writes that with their “artful questioning, Alito, Kennedy, and Roberts ha[ve] turned a fairly obscure case about campaign-finance reform into a battle over government censorship.” Unwittingly, Stewart has argued that the government has the right to censor books because of a single line. Toobin later writes that Stewart is incorrect, that the government could not ban or censor books because of McCain-Feingold. The law applies to television advertisements, and stems from, as Toobin will write, “the pervasive influence of television advertising on electoral politics, the idea that commercials are somehow unavoidable in contemporary American life. The influence of books operates in a completely different way. Individuals have to make an affirmative choice to acquire and read a book. Congress would have no reason, and no justification, to ban a book under the First Amendment.” Legal scholars and pundits will later argue about Stewart’s answers to the three justices’ questions, but, as Toobin will later write, “the damage to the government’s case had been profound.” (Toobin 5/21/2012)
Behind the Scenes - Unbeknownst to the lawyers and the media, the Court initially renders a 5-4 verdict in favor of CU, and strikes down decades of campaign finance law, before withdrawing its verdict and agreeing to hear rearguments in the fall (see June 29, 2009). Toobin will write that the entire case is orchestrated behind the scenes, by Roberts and his fellow majority conservatives. Toobin will write of “a lengthy and bitter behind-the-scenes struggle among the justices that produced both secret unpublished opinions and a rare reargument of a case” that “reflects the aggressive conservative judicial activism of the Roberts Court.” Toobin will write that although the five conservatives are involved in broadening the scope of the case, and Kennedy actually writes the majority decision, “the result represented a triumph for Chief Justice Roberts. Even without writing the opinion, Roberts, more than anyone, shaped what the Court did. As American politics assumes its new form in the post-Citizens United era, the credit or the blame goes mostly to him.” The initial vote on the case is 5-4, with the five conservative justices—Alito, Kennedy, Roberts, Scalia, and Clarence Thomas—taking the majority.
Expansive Concurrence Becomes the Majority Opinion - At the outset, the case is decided on the basis of Olson’s narrow arguments, regarding the issue of a documentary being made available on demand by a nonprofit organization (CU). Roberts takes the majority opinion onto himself. The four liberals in the minority are confident Roberts’s opinion would be as narrow as Olson’s arguments. Roberts’s draft opinion is indeed that narrow. Kennedy writes a concurrence opining that the Court should go further and overturn McCain-Feingold, the 1990 Austin decision (see March 27, 1990), and end the ban on corporate donations to campaigns (see 1907). When the draft opinions circulates, the other three conservatives begin rallying towards Kennedy’s more expansive concurrence. Roberts then withdraws his draft and lets Kennedy write the majority opinion in line with his concurrence. Toobin later writes: “The new majority opinion transformed Citizens United into a vehicle for rewriting decades of constitutional law in a case where the lawyer had not even raised those issues. Roberts’s approach to Citizens United conflicted with the position he had taken earlier in the term.” During arguments in a different case, Roberts had “berated at length” a lawyer “for his temerity in raising an issue that had not been addressed in the petition. Now Roberts was doing nearly the same thing to upset decades of settled expectations.”
Dissent - The senior Justice in the minority, John Paul Stevens, initially assigns the main dissent to Justice David Souter. Souter, who is in the process of retiring from the Court, writes a stinging dissent that documents some of the behind-the-scenes machinations in the case, including an accusation that Roberts violated the Court’s procedures to get the outcome he wanted. Toobin will call Souter’s planned dissent “an extraordinary, bridge-burning farewell to the Court” that Roberts feels “could damage the Court’s credibility.” Roberts offers a compromise: Souter will withdraw his dissent if the Court schedules a reargument of the case in the fall of 2009 (see June 29, 2009). The second argument would feature different “Questions Presented,” and the stakes of the case would be far clearer. The four minority justices find themselves in something of a conundrum. They feel that to offer the Kennedy opinion as it stands would be to “sandbag” them and the entire case, while a reargument would at least present the issues that the opinion was written to reflect. And there is already a 5-4 majority in favor of Kennedy’s expansive opinion. The liberals, with little hope of actually winning the case, agree to the reargument. The June 29, 2009 announcement will inform the parties that the Court is considering overturning two key decisions regarding campaign finance restrictions, including a decision rendered by the Roberts court (see March 27, 1990 and December 10, 2003) and allow essentially unlimited corporate spending in federal elections. Court observers will understand that the Court is not in the habit of publicly asking whether a previous Court decision should be overruled unless a majority is already prepared to do just that. Toobin will call Roberts and his four colleagues “impatient” to make the decision, in part because an early decision would allow the ruling to impact the 2010 midterm elections. (Toobin 5/21/2012)
Created to Give Courts Shot at McCain-Feingold - Critics, as yet unaware of the behind-the-scenes maneuvering, will later say that CU created the movie in order for it to fall afoul of the McCain-Feingold campaign finance law, and give the conservatives on the Court the opportunity to reverse or narrow the law. Nick Nyhart of Public Campaign will say: “The movie was created with the idea of establishing a vehicle to chip away at the decision. It was part of a very clear strategy to undo McCain-Feingold.” Bossie himself will later confirm that contention, saying: “We have been trying to defend our First Amendment rights for many, many years. We brought the case hoping that this would happen… to defeat McCain-Feingold.” (Rucker 1/22/2010) CU’s original lawyer on the case, James Bopp, will later verify that the case was brought specifically to give the Court a chance to cut back or overturn campaign finance law (see January 25, 2010). The Court will indeed overturn McCain-Feingold in the CU decision (see January 21, 2010).

Fox News talk show host Glenn Beck, joined by National Review deputy managing editor Kevin Williamson, asserts that Obama administration members are working behind the scenes to move towards what they call a “one-world government.” Williamson tells Beck and their viewers that Carol Browner, assistant to the president for energy and climate change, belongs to a group that is “arguing for… the same stuff that the left is always arguing for, which is transferring wealth and power out of citizens’ hands and into the government’s hands.” Williamson continues: “You know, the left always needs an emergency because they can’t get this stuff done through normal democratic means. So, in the ‘30s, it was the Depression, and then it was World War II. Then it was the Cold War and the threat of nuclear annihilation. And then after the Soviet Union fell apart, it became the environmental movement.” Beck responds: “Right. Let me—I’m going to have them take you someplace that I like to call ‘one-world government.’” Beck later says that Browner “was involved in a socialist organization” that “wants one-world government.” Williamson agrees: “Yeah, they’re big on what they call, you know, global architecture, transnational architecture, which is just another way of saying sort of UN-style bureaucracies that would be international in nature and would de-emphasize American power and global leadership.” (Media Matters 4/10/2009) Beck and Williamson are echoing claims made in the ‘90s and later by extremist militia groups, which warned that the US government intended to implement a “new world order” (see September 11, 1990) of a one-world government that would result in the confiscation of Americans’ guns, and a general replacement of democracy for tyranny (see 1994, January 1994, February 1995, July 4-11, 1997, October 20, 1999, April 14-15, 2009, January 21, 2010, and October 11, 2010).

The New York Times, in an unsigned editorial, warns of the possible ramifications of an upcoming Supreme Court case, Citizens United v. Federal Election Commission. The case was argued on March 15, eight days before the Web publication date of the editorial (see March 15, 2009) and nine days before the editorial is published in print; it is unclear in retrospect why the editorial is written as if the arguments have not yet taken place, or whether the dates of the published version are accurate. The Times sums up the case—a conservative nonprofit organization, Citizens United (CU), planned to air a 90-minute film that was highly critical of presidential candidate Hillary Clinton (D-NY) in the days before 2008 presidential primary elections, in violation of the 2002 Bipartisan Campaign Reform Act (BCRA, or “McCain-Feingold”—see March 27, 2002) that bans “electioneering communications” within 30 days of a primary election. CU was aware of the law, and filed a suit claiming that the law unconstitutionally violated its First Amendment rights. “The Supreme Court should affirm that ruling,” the Times states. The CU briefs “mak[e] a wide array of claims,” the “most dangerous” of which is a request to overturn the 1990 Austin Court decision (see March 27, 1990) that banned corporations from using monies from their general treasuries. The Times states: “If Citizens United prevails, it would create an enormous loophole in the law and allow corporate money to flood into partisan politics in ways it has not in many decades. It also would seriously erode the disclosure rules for campaign contributions.” (New York Times 3/23/2009)

Eric Cantor (R-VA), the House Minority Whip, while appearing on C-SPAN’s “Washington Journal,” agrees with a caller that the Obama administration is moving the US towards one-party fascist rule. The caller says: “But what really is scaring the rest of us, the other half of us, is the fascism. I mean the true fascism that is happening in this country today.… The belligerent takeover of a one-party system.” Without repeating the terminology, Cantor agrees: “Now as far as a one-party government in here, I think what the public is doing, they’re finally waking up and everybody is realizing that checks and balances are a part of the system and divided government is something that is beneficial to a balanced debate, and something that can produce a better outcome. Which is exactly why Republicans in the House have said, ‘Look, we want to work with our colleagues on the other side of the aisle. We want to try to bring this president back into the mainstream.’” (Armbruster 3/25/2009)

Glenn Beck.Glenn Beck. [Source: New York Times]The New York Times profiles Fox News talk show host Glenn Beck, describing him as a “rising star” and “one of the most powerful media voices for the nation’s conservative anger.” Beck’s show typically draws about 2.3 million viewers, putting him third among all cable news hosts behind fellow Fox conservatives Bill O’Reilly and Sean Hannity. Beck describes himself as identifying with Howard Beale, the mad “television prophet” of the 1976 film Network, and particularly Beale’s most famous line, “I’m mad as hell, and I’m not going to take it anymore.” (Stetler and Carter 3/29/2009) (Media pundit Eric Boehlert calls Beck’s attempt to associate himself with Beale “nonsense,” and observes: “Beale’s unvarnished on-air rants… targeted conformity, corporate conglomerates, and the propaganda power of television.… Beale’s attacks were not political or partisan. Beck, by contrast, unleashes his anger against, and whips up dark scenarios about, the new president of the United States. Big difference.”) (Boehlert 4/7/2009)
Apocalyptic Rhetoric - Though he insists he believes every word he says on his TV show as well as on his daily radio broadcast, Beck also calls himself a “rodeo clown” and an “entertainer” who reminds his listeners, “If you take what I say as gospel, you’re an idiot.” (Beck is a former morning show disc jockey who regularly performs stand-up comedy in shows around the country.) The Times writes that Beck “is capturing the feelings of an alienated class of Americans.” He regularly preaches against liberal politicians, hosts segments entitled “Constitution Under Attack” and “Economic Apocalypse,” and sometimes bursts into tears. (Stetler and Carter 3/29/2009) Progressive media watchdog site Media Matters will note in a later article that Beck regularly terms President Obama a Marxist, a socialist, and/or a fascist. (Boehlert 4/7/2009) In a recent week-long segment titled “War Games,” Beck advocated for armed citizen militias to overthrow the government (see February 20, 2009), though he later denied such advocacy. America is “on the road to socialism,” he tells his viewers, and claims, “God and religion are under attack in the US.” He recently accused the Federal Emergency Management Agency (FEMA) of setting up “concentration camps” for citizen dissenters, presumably conservatives. He has accused the Obama administration of trying to “indoctrinate… your child into community service through the federal government” (Media Matters 3/27/2009) , says America is about to go through “depression and revolution” (Media Matters 2/13/2009) , and, three days after the Times article is published, compares the administration’s actions to those in “the early days of Adolf Hitler.” (Media Matters 4/1/2009) He will accuse the government of being what he calls “a heroin pusher using smiley-faced fascism to grow the nanny state.” (Media Matters 3/31/2009)
Voice of the 'Disenfranchised' - Phil Griffin, the president of Fox News cable rival MSNBC, says of Beck: “That’s good dramatic television. That’s who Glenn Beck is.” Tom Rosenstiel, the director of the Project for Excellence in Journalism, says: “There are absolutely historical precedents for what is happening with Beck. There was a lot of radio evangelism during the Depression. People were frustrated and frightened. There are a lot of scary parallels now.” Conservative writer David Frum calls Beck’s success “a product of the collapse of conservatism as an organized political force, and the rise of conservatism as an alienated cultural sensibility.” Beck’s shows are “for people who feel they belong to an embattled minority that is disenfranchised and cut off,” Frum adds. Fox News senior vice president Joel Cheatwood says Beck’s audience is “somewhat disenfranchised,” and adds, “[I]t’s a huge audience.” Author and media professor Jeffrey Jones says that Beck engages in “inciting rhetoric. People hear their values are under attack and they get worried. It becomes an opportunity for them to stand up and do something.” Beck denies inciting attacks on the government or any other citizens, saying that those “who are spreading the garbage that I’m stirring up a revolution haven’t watched the show.” Fellow talk show host Bill Maher recently accused Beck of producing “the same kind of talking” that led Timothy McVeigh to bomb a federal building in 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995); Beck responded by saying in part: “Let me be clear. If someone tries to harm another person in the name of the Constitution or the ‘truth’ behind 9/11 or anything else, they are just as dangerous and crazy as those we don’t seem to recognize anymore, who kill in the name of Allah.” (Stetler and Carter 3/29/2009) (The Times does not publish Beck’s next line: “There are enemies both foreign and domestic in America tonight. Call it fearmongering or call it the truth.”) (Boehlert 4/7/2009) He describes himself as having to “be… the guy I don’t want to be—the guy saying things that are sometimes pretty scary, but nobody else is willing to say them.” Currently Beck is the voice of the “We Surround Them” movement (see March 3, 2009) and is part of the “Tea Party” or “teabaggers” civil protest project (see April 8, 2009). (Stetler and Carter 3/29/2009)

The New York Post publishes an article headlined “Scary! Obama nominee wants one world order.” The article, by Post reporter Meghan Clyne, attacks President Obama’s nomination of Yale Law School dean Harold Koh as legal adviser to the State Department. Clyne says Koh is a “fan of ‘transnational legal process,’ arguing that the distinctions between US and international law should vanish.” She says that according to Koh’s views, judges should put aside the Constitution in favor of “legal ‘norms’” from other nations’ laws. “Sharia law could apply to disputes in US courts,” she writes. “The United States constitutes an ‘axis of disobedience’ along with North Korea and Saddam-era Iraq.” The newly launched Fox Nation, the blog for Fox News, links to the article, which disappears from the Post’s Web archive shortly thereafter. (Fox Nation 3/31/2009; Media Matters 4/10/2009) An extraordinarily racist conservative blog, Chimpout, hosts a forum discussion of the article under the heading “Osambo picks another douche bag for his cabinet.” The forum’s thread is part of a larger discussion section entitled “N_gger College” and a subsection entitled “F_cked Up Facts about First Monkey,” an apparent reference to Obama. Commenters immediately begin launching “birther”-styled accusations of Obama being an illegal president because of his “Kenyan birth” (see October 8, 2008, October 16, 2008 and After, November 10, 2008, August 1-4, 2009, and August 4, 2009), and say Obama should be relegated to “picking cotton.” (Chimpout 3/31/2009) Days later, Fox News talk show host Glenn Beck, conservative editor Cliff Kincaid, and former Republican Senator Rick Santorum will join in attacking Koh (see April 1, 2009, April 6, 2009, and April 9, 2009).

Americorps/VISTA logo.Americorps/VISTA logo. [Source: Americorps]Congress sends the Edward M. Kennedy Serve America Act to President Obama, who will sign the act into law sometime in April. The bill passed both houses of Congress with large majorities. Senator Orrin Hatch (R-UT), who co-sponsored the Senate legislation, says the bill is “probably the most bipartisan bill we will see on the Senate floor this year.” House Republicans wrote in the House committee report: “[W]e applaud the inclusion of reforms that Committee Republicans have long championed to ensure that recipients of taxpayer funds are held accountable for results. We are pleased to join with the Majority in supporting bipartisan efforts to strengthen the national service laws and improve service delivery throughout the country.” The bill provides for the expansion of the AmeriCorps program from 75,000 to 250,000, creating new groups of volunteers focusing on health care, education, renewable energy, and veterans, and reauthorizing such AmeriCorps organizations as VISTA (Volunteers in Service to America) and the National Civilian Community Corps. The Kennedy Act also calls for awarding college students who complete a full-time national service job an “educational award having a value equal to the maximum amount of a Federal Pell Grant.” AmeriCorps says this would increase the amount its members receive upon completion of service from $4,725 to $5,350, which they can use to pay for school or pay back student loans. First Lady Michelle Obama says the bill is of particular concern to her, as volunteerism is one of her priorities. The legislation was originally known as the “Generations Invigorating Volunteerism and Education (GIVE) Act,” but senators renamed it in honor of ailing Senator Edward Kennedy (D-MA), who helped craft the bill. Kennedy says of its final passage in the House of Representatives: “Today’s House vote again demonstrates the high priority Congress gives to encouraging citizens of all ages in all communities across America to participate in public service. This legislation will enable many more Americans to do something for their country to meet the many challenges facing us. I look forward to the president signing this bill into law so that a welcome new era of national and community service can begin.” The bill also establishes September 11 as a national day of service. (Herszenhorn 3/31/2009; Annenberg Political Fact Check 3/31/2009)
'Re-Education Camps' - Some Republican lawmakers, along with a variety of conservative pundits and radio show hosts, have claimed that the bill is far more sinister than it seems. House Representative Michele Bachmann (R-MN) says the bill will allow the Obama administration to create what she calls “re-education camps for young people…” Bachmann tells a Minnesota radio audience: “It’s under the guise of—quote—volunteerism. But it’s not volunteers at all. It’s paying people to do work on behalf of government.… I believe that there is a very strong chance that we will see that young people will be put into mandatory service. And the real concerns is that there are provisions for what I would call re-education camps for young people, where young people have to go and get trained in a philosophy that the government puts forward and then they have to go to work in some of these politically correct forums. (Steller 4/6/2009) The Annenberg Public Policy Center’s FactCheck.org receives numerous letters asking questions such as: “Is Congress creating a mandatory public service system? Are participants not allowed to go to church?” One writer tells FactCheck: “I have been getting all kinds of e-mails from people claiming that bill calls for mandatory service and in violation of our 13th amendment, and that I should call my congressman and tell them that this bill is modern day slavery. I have also received e-mails saying that service would still be voluntary and that the bill is just expanding current volunteer opportunities.… There is a lot of confusion out there right now regarding this very important legislation and was hoping you guys could shed some light.”
Debunking Claims - FactCheck reports, “The national service bill does not mandate that youth must participate nor does it forbid anyone who does participate from going to church.” It notes that many conservative pundits and bloggers have claimed that the bill “requires the government to draw up plans for a ‘mandatory service requirement for all able young people.’ Others say the bill forbids participants from attending church. These claims are false. Neither the House-passed bill nor the Senate-passed version says these things.”
'Mandatory Service Requirement?' - Bachmann and others have also claimed that the bill provides for a “mandatory service requirement for all able young people,” but that provision is not in any version of the bill. The original House bill did advance that as an idea worthy of study, and called for a “Congressional Commission on Civil Service” to “address and analyze” several topics, including “issues that deter volunteerism” and how they can be overcome, how expanding international public service might affect diplomacy and foreign relations, and “[w]hether a workable, fair, and reasonable mandatory service requirement for all able young people could be developed, and how such a requirement could be implemented in a manner that would strengthen the social fabric of the Nation.” The proposed commission would also investigate “[t]he need for a public service academy, a 4-year institution that offers a federally funded undergraduate education with a focus on training future public sector leaders.” However, that entire section was removed from the final bill. Hatch has confirmed that the bill contains no such provisions, saying on the floor of the Senate: “Consistent with our All-Volunteer Army and volunteer opportunities and individuals’ choice in communities, nothing in this legislation is mandatory. This bill simply provides more Americans more choices and opportunities to give back to their neighborhoods and their country all through the means which they freely choose.” The bill does provide for the inclusion of service-learning programs in public schools.
Church Attendance Prohibited? - Perhaps the most inflammatory claim is the one promulgated on conservative blogs and talk radio shows claiming that the bill would prohibit volunteers from attending church. FactCheck notes that such a provision “would be an incredibly draconian law—and a clear violation of the First Amendment right to freedom of religion, upon which this country was founded…” The claim seems to originate from the Jonas Clark Ministries, which has made Web postings and sent out mass e-mails claiming that the language of section 125 of the bill “prohibited activities and ineligible organizations,” and as such volunteers would be prohibited from attending church. The bill makes no such prohibition. It does, however, says that national service volunteers cannot attempt to “influence legislation,” organize “protests, petitions, boycotts or strikes,” promote “union organizing,” engage in “partisan political activities, or other activities designed to influence the outcome of an election to any public office,” and engage in “religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization.” The language is virtually identical to what AmeriCorps and Senior Corps has told their volunteers for years. FactCheck writes: “In other words, public service activities can’t include anything overtly religious or political. And this is nothing new.” AmeriCorps spokesman Sandy Scott later tells FactCheck: “Both House- and Senate-passed bills codify long-standing regulatory restrictions on engaging in certain activities while ‘on-duty’ as an AmeriCorps member. They do not cover what individuals do on their own time at their own initiative.” (Annenberg Political Fact Check 3/31/2009)

The right-wing advocacy group Americans for Prosperity (AFP), funded largely by Koch Industries (see August 30, 2010), has worked closely with the “tea party” movement since its inception (see February 27, 2009 and April 15, 2009). In the weeks before the first Tax Day protests (see April 8, 2009, April 15, 2009, and April 15, 2009), AFP hosts a Web site offering its visitors “Tea Party Talking Points.” The Arizona branch of AFP urges people to send tea bags to President Obama. The Missouri AFP urges its members to sign up for “Taxpayer Tea Party Registration” and provides driving directions to nine protests. After the protests, the North Carolina AFP will launch a “Tea Party Finder” Web site, advertised as “a hub for all the Tea Parties in North Carolina.” (Mayer 8/30/2010)

Rick Santelli, the CNBC commentator whose on-air “rant” is credited for sparking the right-wing “tea party” movement (see February 19, 2009 and February 27, 2009), refuses to take part in the upcoming April 15 anti-tax rallies being put on across the country by various “tea party” organizations (see April 15, 2009). CNBC spokesman Brian Steel says Santelli is “not going and not in any way involved” in the protests. Fox News anchors Neil Cavuto and Sean Hannity are joining with protesters in Sacramento and Atlanta, respectively, and former House Speaker Newt Gingrich plans to attend a rally in New York. Organizers say over 300 different protests will take place across the nation. Eric Odom, who owns a Chicago-based “tea party” Web site, says, “We have fully confirmed protests in 360 cities” and he is “very confident that all the protests will happen.” Odom predicts that the rallies featuring Cavuto and Hannity will bring at least 5,000 to 10,000 participants. He stresses that the protests will be made up of people from “all walks of life,” not just conservatives opposed to the Obama administration’s policies. Odom does not mention Santelli’s non-involvement. (Delaney 4/2/2009)

Conservative pundits on Fox News and other media outlets falsely claim that President Obama ceded the government’s authority over its economy to an international consortium during the G-20 summit, which concluded on April 2, 2009 in London. On April 3, pundit Dick Morris appears on Fox News’s America’s Newsroom to claim that Obama “effectively ceded massive areas of American sovereignty to Europe and to the global economic mavens.… [T]his literally is a massive surrender of sovereignty to an essentially European body.” On April 3, US Representative Don Manzullo (R-IL) tells CNN’s Kitty Pilgrim that Treasury Secretary Timothy “Geithner’s proposing, with the help of the administration, a worldwide international control over all financial interests—in fact, over any corporation, to the extent of even controlling the compensation of the employees. That’s not only radical, Kitty, that’s frightening.” Pilgrim responds, “Yeah, it certainly is.” On April 5, Fox News host Monica Crowley, appearing on the syndicated McLaughlin Group, says the G-20 agreement is “the first step to abrogating American sovereignty here, because… it is going to allow European bureaucrats to step in, not just on the hedge fund regulation and the other explicit things that they agreed to, but buried deep down in this communiqué was the ability for European bureaucrats sitting in Brussels to decide what kind of executive compensation American executives should—” Financial Times US managing editor Chrystia Freeland interjects, “No, there was no authority like that there, Monica.” Crowley responds, “I read it in the communique this morning.” (Media Matters 4/7/2009) In an April 6 column titled “The Declaration of Independence Has Been Repealed,” Morris writes: “On April 2, 2009, the work of July 4, 1776 was nullified at the meeting of the G-20 in London. The joint communique essentially announces a global economic union with uniform regulations and bylaws for all nations, including the United States. Henceforth, our SEC [Securities and Exchange Commission], Commodities Trading Commission, Federal Reserve Board, and other regulators will have to march to the beat of drums pounded by the Financial Stability Board (FSB), a body of central bankers from each of the G-20 states and the European Union.… Obama, perhaps feeling guilty for the US role in triggering the international [economic] crisis, has, indeed, given away the store. Now we may no longer look to presidential appointees, confirmed by the Senate, to make policy for our economy. These decisions will be made internationally.” Noting that the FSB is numerically dominated by European members, Morris writes: “The Europeans have been trying to get their hands on our financial system for decades. It is essential to them that they rein in American free enterprise so that their socialist heaven will not be polluted by vices such as the profit motive. Now, with President Obama’s approval, they have done it.” (Dick Morris 4/6/2009) On the evening of April 6, Morris makes the same claims on Fox News’s Hannity, telling viewers: “Basically, from an economic standpoint, [Obama’s] repealed [the Declaration of Independence]. We no longer have economic sovereignty.” (Landler and Sanger 4/3/2009) None of these claims are true, as Freeland tried to assert. The FSB has no cross-border authority and therefore no authority over American economic decisions. On April 3, the New York Times reports, “While the [G-20] leaders agreed to create a new Financial Stability Board to monitor the financial system for signs of risks, they stopped well short of giving regulators cross-border authority, something France has long advocated.” (Landler and Sanger 4/3/2009; Media Matters 4/7/2009)

According to an analysis by progressive media watchdog Media Matters, Fox News airs at least 20 segments on the so-called “tea party” protests (see April 6-7, 2009, April 8, 2009, and April 13-15, 2009) scheduled for April 15 (see April 15, 2009, April 15, 2009 and April 15, 2009). The network also airs at least 73 in-show and commercial promotions for its April 15 coverage. Media Matters claims that Fox is “aggressively promot[ing] the events… encouraging viewers to get involved with tea party protests across the country.” Fox describes the events as “FNC [Fox News Channel] Tax Day Tea Parties.” The network has assigned four of its hosts, including Glenn Beck, Sean Hannity, Greta Van Susteren, and Neil Cavuto, to broadcast live from various “tea parties” around the nation. The analysis does not include a number of “teasers” that Fox shows air to preview upcoming segments on “tea parties.” (Media Matters 4/15/2009) On April 15, Fox will devote much of its day’s coverage to the tea parties. (Media Matters 9/11/2009)

Betty Brown.Betty Brown. [Source: Houston Chronicle]Texas State Representative Betty Brown (R-Terrell) says during House testimony on voter identification legislation that since Asian-Americans often have names that are difficult for other Americans to pronounce, they should just change their names to something “easier for Americans to deal with.” The Texas House Elections Committee hears testimony from Ramey Ko, a representative of the Organization of Chinese Americans, who says that Americans of Chinese, Japanese, and Korean descent often have problems with voting and with other forms of identification because they have both a legal transliterated name and then a common English name used on their driver’s license and school registrations. Brown suggests that Asian-Americans find a way to make their names more accessible, asking, “Rather than everyone here having to learn Chinese—I understand it’s a rather difficult language—do you think that it would behoove you and your citizens to adopt a name that we could deal with more readily here?” Later in the session, she tells Ko, “Can’t you see that this is something that would make it a lot easier for you and the people who are poll workers if you could adopt a name just for identification purposes that’s easier for Americans to deal with?” Democratic Chairman Boyd Richie says Republicans are attempting to suppress votes with a partisan identification bill, and that Brown “is adding insult to injury with her disrespectful comments.” Brown refuses to apologize for her statements. A spokesman for Brown, Jordan Berry, says that her comments have nothing to do with race, and are merely focused on overcoming problems with identifying Asian names for voting purposes. Democrats are the ones guilty of using racial rhetoric, says Berry, not Brown: “They want this to just be about race.” (Ratcliffe 4/9/2009)

Screenshot of Fox News promoting the ‘Tea Party’ rally in Houston.Screenshot of Fox News promoting the ‘Tea Party’ rally in Houston. [Source: Fox News / Media Matters]Republican lawmakers announce their intention to join with right-wing protesters on April 15, 2009, in what is envisioned as a nationwide protest against the Obama administration’s tax policies. The primary organizers are the think tanks Americans for Prosperity and Freedom Works, and right-wing bloggers such as Michelle Malkin. They say that under President Obama, taxes are “too high” and freedoms are being “eroded.” They have also called for Obama’s impeachment and refer to him as “Obama bin Lyin” and other derogatory nicknames.
Republicans, Neo-Nazis, Secessionists Joining in 'Tea Party Protests' - Malkin has called the movement the “Tea Party Protests,” in an attempt to connect the protests with the American Revolution’s Boston Tea Party. Senator David Vitter (R-LA) is sponsoring legislation to honor the protests. Representatives David Davis (R-TN), Jason Chaffetz (R-UT), Rob Bishop (R-UT), Todd Tiahrt (R-KS), John Fleming (R-LA), Ander Crenshaw (R-FL), Bob Latta (R-OH), John Shadegg (R-AZ), Sue Myrick (R-NC), Bill Posey (R-FL), and Louie Gohmert (R-TX) will attend local protests, as will Governor Mark Sanford (R-SC) and former Representative J.D. Hayworth (R-AZ). Officials from Senator Bob Corker’s (R-TN) and Representative Sam Graves’s (R-MO) office will attend the rallies as well, and Representatives Denny Rehberg (R-MT), Jack Kingston (R-GA), and Tom Rooney (R-FL) are urging their constituents to attend tea party protests. Former House Speaker Newt Gingrich (R-GA), who heads American Solutions for Winning the Futures (ASWF) and who will speak at the New York City rally, is encouraging his supporters to join the protests, and has provided them with what he calls a “toolkit” of talking points. ASWF is funded by oil and energy interests, and led the recent “Drill Here, Drill Now” campaign. ASWF has been an official “partner” in the Tea Party campaign since March. The Tea Party Protests are being joined by gun rights militias, secessionists, and neo-Nazi groups.
Protests Orchestrated by Lobbyist Organizations and Promoted by Fox News - The protests are being heavily promoted on Fox News, which intends to hold all-day “news reports” on April 15 featuring several of its commentators, including Glenn Beck (see March 3, 2009), Sean Hannity, Neil Cavuto, and Greta Van Susteren, live at different venues. Many of the protest organizers’ Web sites feature one or more of the Fox commentators as part of their promotion efforts (see October 13, 2009). Beck is one of several Fox commentators and hosts who claims that the protests are “grassroots” organizations “spontaneously” led by “ordinary people,” but in reality, the protests are being orchestrated by two lobbyist-run and lobbyist-organized organizations, Americans for Prosperity and Freedom Works. According to progressive news site Think Progress, “[t]he two groups are heavily staffed and well funded, and are providing all the logistical and public relations work necessary for planning coast-to-coast protests.” Freedom Works staffers are coordinating conference calls among protesters and working with conservative organizers to give them what it calls “sign ideas, sample press releases, and a map of events around the country” as well as guides featuring talking points and instructions on delivering a “clear message” to the public and the media. Freedom Works has set up numerous Web sites, some of which Think Progress claims are deliberately constructed to appear as the work of amateurs, to promote the protests. In Florida, Freedom Works took over the planning of events. Americans for Progress is writing press releases and planning events in New Jersey, Arizona, New Hampshire, Missouri, Kansas, and several other states. Think Progress calls these activities “corporate ‘astroturfing,’” which it defines as corporations’ attempts to orchestrate events appearing to be grassroots, citizen-led actions. Freedom Works is headed by former Texas Republican Representative Dick Armey, who is a lobbyist for the firm DLA Piper; Americans for Prosperity is headed by Tim Phillips, who is a former partner of right-wing activist Ralph Reed in the lobbying firm Century Strategies. Americans for Prosperity has organized numerous pro-oil company “grassroots” events. (Fang 4/8/2009; Media Matters 4/8/2009; Fang 4/9/2009)

Spencer Bachus.Spencer Bachus. [Source: Chicago Tribune]US Representative Spencer Bachus (R-AL) tells a group of local leaders in Trussville, Alabama, “Some of the men and women I work with in Congress are socialists.” Asked to clarify his comment, Bachus tells a reporter that 17 members of the House of Representatives are socialists. (Bouma 4/9/2009; Alarkon 4/9/2009)
Only Names One of 17 - When pressed, Bachus only names one of his “socialists”—Representative Bernie Sanders (I-VT), who has repeatedly recommended that the US adopt a program of “democratic socialism” similar to some practiced in Scandinavian countries. He refuses to name the other 16. Sanders asks rhetorically: “Has Spencer released his list yet? Everybody’s waiting with bated breath.” He adds, “I think at the very least he has to tell people what his definition of socialism is—and I think, yeah, he should tell us who he was referring to, who’s on the list.”
Possible Reference to Congressional Progressive Caucus - Many Congressional staffers and advisers believe that Bachus is referring to some members of the Congressional Progressive Caucus, a left-leaning coalition of 77 House members founded by Sanders in the early 1990s. Although the caucus has not espoused socialism in any form, it does advocate reduced military spending, universal health care, and higher taxes on the rich. Right-wing groups have long labeled the caucus’s agenda as “fringe-left socialism”; one hard-right pundit, WorldNetDaily’s Joseph Farah, has called the caucus “Congress’s very own Red Army… marching the nation inevitably toward its self-proclaimed socialist ideal.”
Differing Definitions - Politico’s Glenn Thrush writes that the term “socialism” has different meanings for different people. “To many on the left, it’s a relatively benign—if outdated—term, representing an activist, interventionist government that prioritizes economic security over the unfettered freedom of the marketplace. To many on the right, it’s practically an epithet—suggesting a return to Soviet-style Communism or a leap toward a hyper-regulated European brand of capitalism that stifles innovation and hikes taxes. It’s safe to say that more people in Bachus’s suburban Birmingham district—the most GOP-tilting seat in the country, according to the Cook Political Report—view socialism as a bad, bad thing.”
Mixed Reactions - Doug Thornell, speaking for Representative Chris Van Hollen (D-MD), says of Bachus’s accusation: “House Republicans’ solution to the current economic crisis is to launch head-scratching, ‘50s-style accusations against unidentified members of Congress. Next thing you know they’ll be going after beatniks and calling for the auto industry to bring back the Edsel.… With all the challenges we face, it’s stunning this is what Republicans are talking about. They sound like a broken record of GOP low points from the 2008 campaign.” Erin Kanoy of the Heritage Foundation is glad Bachus “called out” his colleagues, saying: “I think that people expressing where they see someone on the political spectrum has tended to be an off-limits thing and very politically incorrect—but sometimes I think you’ve got to call a spade a spade. If Bachus believes members of Congress are part of this movement, he should be able to say it.… He’s really reflecting a much larger frustration with the landslide of legislation that we’ve had coming at us that seems to be marching towards socialist government.” Conservative activist Grover Norquist agrees with Bachus’s position, but says he should not have gotten into the subject of lists. “We shouldn’t get into a labeling thing with the other side,” Norquist says. “We shouldn’t call them socialists—we should call them stupid because they are spending all this money we don’t have.” Sanders notes that conservatives tried to tar Barack Obama with similar accusations: “They said a lot of this stuff about Obama during the [presidential] campaign, calling him a socialist, and trying to instill fear in people” (see August 1, 2008 and After, October 10, 2008, October 27, 2008, and March 5, 2009). Many progressive and liberal bloggers have accused Bachus of launching an attack on Democrats worthy of the McCarthyite “Red scare” of the 1950s. (Akers 4/10/2009; Thrush 4/14/2009)
Defending Socialism, Decrying 'Scare Tactics' - In an op-ed for the Huffington Post, Sanders writes: “I doubt that there are any other socialists, let alone 17 more, in all of the Congress. I also respectfully doubt that Spencer Bachus understands much about democratic socialism.… At its worst, Washington is a place where name-calling partisan politics too often trumps policy.… [B]randing someone as a socialist has become the slur du jour by leading lights of the American right from Newt Gingrich to Rush Limbaugh. Some, like Mike Huckabee, intentionally blur the differences between socialism and communism, between democracy and totalitarianism. ‘Lenin and Stalin would love this stuff,’ Huckabee told last winter’s gathering of the Conservative Political Action Conference. If we could get beyond such nonsense, I think this country could use a good debate about what goes on here compared to places with a long social-democratic tradition like Sweden, Norway, and Finland, where, by and large, the middle class has a far higher standard of living than we do.… [W]e should be prepared to study and learn from the successes of social democratic countries. Name-calling and scare tactics just won’t do.” (Sanders 4/22/2009)

A three-judge panel rules that Al Franken (D-MN) is the legitimate winner of Minnesota’s hotly contested US senate seat (see November 4-5, 2008), ruling against Franken’s opponent, former Senator Norm Coleman (R-MN—see January 26, 2009). Ironically, when the judges reviewed the ballots under consideration, Franken was awarded almost 100 more votes, setting his margin of victory at 312 votes. Coleman says he will appeal the decision, which will continue to block Franken from taking his seat in the Senate. (Associated Press 4/14/2009)

FreedomWorks logo.FreedomWorks logo. [Source: FreedomWorks]The progressive news and advocacy site Think Progress profiles FreedomWorks, a conservative lobbying firm that uses the practice of “astroturfing” to press its agenda home. FreedomWorks is one of the organizations behind the anti-tax “tea party” movement (see April 8, 2009). The organization denies that it is “astroturfing”—creating fake “citizens groups” that purport to be spontaneously organized grassroots organizations—and compares its work to that of liberal activism group MoveOn.org. However, Think Progress notes that MoveOn is a citizen-organized group, while FreedomWorks is headed by former Republican activists and corporate officials, and is funded by oil, energy, and tobacco companies. Former House Majority Leader Dick Armey and current Washington lobbyist (R-TX) leads FreedomWorks. (Fang 4/14/2009)
'Amateur-Looking' Astroturfing Sites - Last year, the Wall Street Journal exposed FreedomWorks’ use of “amateur-looking” Web sites for its “astroturf” groups to bolster their credibility as purported “citizen groups” pushing for corporate interests (see May 16, 2008). (Fang 4/14/2009)
Represented by PR Firm with GOP Links - FreedomWorks is represented by the Washington public relations firm Shirley & Banister Public Affairs. Shirley & Banister also represents conservative organizations such as the National Rifle Association, Citizens United, news outlet Human Events, and organizer Richard Viguerie’s direct-mail firm. (It also represents the Bradley Foundation, a conservative funding organization that in 2008 gave $25,000 to both FreedomWorks and Americans for Prosperity [AFP], gave FreedomWorks $75,000 in 2009, and is considering a grant request from AFP.) One of Shirley & Banister’s partners is Craig Shirley, a veteran Republican PR operative who helped develop the overtly racist 1988 “Willie Horton” political ad (see September 21 - October 4, 1988). Progressive MSNBC host Rachel Maddow tells her audience: “This is a perfect system for the Republican Party. It’s a constant feedback loop. The Republican Party activists stir up fear and anger on the Internet… Fearful, angry people go to town hall events and then Republican Party officials say they are just responding to that anger and they have no idea where it came from. It’s [a] perfect cycle. Rile them up with made-up stuff and then sympathize with them that are so riled.” (MSNBC 8/14/2009; MSNBC 8/17/2009)
Led by Millionaires - Three of FreedomWorks’ most prominent senior officials are millionaires. Armey makes over $500,000 a year working for the organization, and lives in a Texas home valued at $1.7 million. FreedomWorks president Matthew Kibbe lives on Capitol Hill in Washington, DC, in a home valued at $1.17 million. Board member Steve Forbes, the billionaire publisher of Forbes magazine, lives in a New Jersey home valued at $2.78 million, owns a chateau in France, and recently sold a private island in Fiji and a palace in Morocco. (Phillips 5/16/2008)
FreedomWorks Supports Armey's Lobbying Efforts - Armey’s lobbying firm, DLA Piper, represents pharmaceutical firms such as Bristol-Myers Squibb, medical device supplier SleepMed, health care provider Metropolitan Health Networks, and another pharmaceutical firm, Medicines Company. One member of FreedomWorks’s board of directors is Richard Stephenson, the founder and chairman of Cancer Treatment Centers of America. He is also the president of International Capital and Management Company, which runs a hospital consulting company. The president of FreedomWorks is Matt Kibbe, the former senior economist for the Republican National Committee and the former chief of staff for Representative Dan Miller (R-FL). FreedomWorks is organizing protests against health care reform that would cut into pharmaceutical firms’ profits. DLA Piper represents a number of life insurance firms; FreedomWorks has organized support for the deregulation of the insurance industry. DLA Piper represents not only several American oil firms, but also Sheikh Mohammed Bin Rashid Al Maktoum, prime minister of the United Arab Emirates (UAE), on energy related issues such as maintaining the close ties between the US and the UAE. US oil firms are deeply involved in the UAE’s oil industry. (Center for Responsive Politics 2009; Fang 4/14/2009; MSNBC 8/12/2009) In August 2009, after reporting on FreedomWorks, MSNBC host Rachel Maddow will tell her audience: “Washington lobbyists and health care executives and former Republican Party officials have just as much a right to shout down the policy debate about health care reform as anyone else does. These folks have just as much a right to try to derail this entire process as anyone else does. But we have a right to know who they are and who is paying them for their efforts. These guys are pros. This is an industry. This is beltway politics being organized and played out in town halls across the country.” (MSNBC 8/12/2009) DLA Piper has also received $830,000 this year, so far, from the pharmaceutical firm Medicines Company; the same firm paid DLA Piper $1.5 million in 2008. (MSNBC 8/7/2009)
FreedomWorks Lobbying on Behalf of DLA Piper? - In August 2009, Maddow will ask, “[W]hy are DLA Piper’s clients relevant?” She answers herself, “There appears to be some pretty good evidence that when you pay Dick Armey’s lobbying firm, DLA Piper, you get what Dick Armey’s grassroots organization FreedomWorks does.” In the first half of 2007, the American Council of Life Insurers paid DLA Piper $100,000 to lobby on its behalf. During that time span, FreedomWorks began lobbying Congress on a “grassroots” basis to deregulate the life insurance industry. Maddow will sarcastically ask: “And, of course, perhaps it is just mere coincidence that FreedomWorks happened to have a newfound, ideological, purist grassroots commitment to life insurance deregulation at the same time the American Council of Life Insurers hired Dick Armey’s lobbying firm. It could just be a coincidence. Could be, right?” In 2006, DLA Piper began lobbying for the Senado de Republica, the Mexican Senate, for the purpose of “enhancing US-Mexico relations.” At the same time, FreedomWorks began promoting itself as “one of the few organizations willing to aggressively promote meaningful immigration reform.” In 2004, during the Bush administration’s push to privatize Social Security, a single mom from Iowa was introduced at a White House economic conference as a supporter of privatization. That mom was a FreedomWorks employee. Maddow will say: “This is how FreedomWorks does their work. They try to create the impression that their just regular grassroots Americans without any financial or political interests in the outcome of these policy fights.” (MSNBC 8/12/2009)

The Center for American Progress (CAP), a progressive think tank and lobbying organization, releases a report that says the “tea party” movement protesting the various policies of the Obama administration (see April 8, 2009) is not, as purported, entirely a grassroots movement of ordinary citizens, but an “astroturf” movement created, organized, and funded by powerful conservative and industry firms and organizations. (CAP notes that the anti-tax “tea parties,” with “tea” standing for “Taxed Enough Already,” fail to note that President Obama’s recent legislation actually has cut taxes for 95 percent of Americans.) Two of the most prominent organizations behind the “tea parties” are FreedomWorks and Americans for Progress (AFP). FreedomWorks (see April 14, 2009) is a corporate lobbying firm run by former House Majority Leader Dick Armey (R-TX), and organized the first “tea party,” held in Tampa, Florida, on February 27. It then began planning and organizing “tea parties” on a national scale; officials coordinated logistics, called conservative activists, and provided activists with sign ideas and slogans and talking points to use during protests. AFP has coordinated with FreedomWorks. AFP is a corporate lobbying firm run by Tim Phillips, a former lobbying partner of conservative activist Ralph Reed, and funded in part by Koch Industries, the largest private oil corporation in America (see May 29, 2009). Former House Speaker Newt Gingrich (R-GA) is also involved, through his lobbying form American Solutions for Winning the Future, which is supported by oil companies.
Support, Promotion from Fox News - On cable news channels, Fox News and Fox Business have run promotions for the “tea parties” in conjunction with enthusiastic reports promoting the affairs (see April 13-15, 2009, April 15, 2009, April 15, 2009, and April 6-13, 2009); in return, the organizers use the Fox broadcasts to promote the events. Fox hosts Glenn Beck, Neil Cavuto, and Sean Hannity all plan to broadcast live reports from the events. Fox also warns its viewers that the Obama administration may send “spies” to the events. (Fox justifies its depth of coverage by saying that it provided similar coverage for the 1995 Million Man March. However, Fox did not begin broadcasting until 1996—see October 7, 1996.)
Republican Support - Congressional Republicans have embraced the “tea parties” as ways to oppose the Obama administration. Many leading Republicans, such as Minority Leader John Boehner (R-OH), Paul Ryan (R-WI), and some 35 others, will speak at AFP-funded “tea parties.” Republican National Committee Chairman Michael Steele has moved the RNC to officially support the protests. And Senator David Vitter (R-LA) has introduced legislation formally honoring April 15 as “National Tea Party Day.” “It’s going to be more directed at Obama,” says reporter and commentator Ana Marie Cox. “This is very much, I think, part of the midterm strategy” to win elections in 2010.
Fringe Elements - According to CAP, many “fringe” elements of the conservative movement—including “gun rights militias, secessionists, radical anti-immigrant organizations, and neo-Nazi groups”—are involved in the “tea parties.” (Shakir et al. 4/15/2009; Fang 5/29/2009)

Fox News anchor Megyn Kelly, interviewing Brent Bozell of the conservative media watchdog organization Media Research Center, lets slip an admission that her network provided public relations services to the “tea party” protests that took place yesterday (see April 15, 2009, April 15, 2009 and October 13, 2009). Kelly says: “You know, Brent, it’s been interesting because Fox News covered these tea parties, and we were one of the only organizations to give it any publicity or PR prior to the fact that it happened, and it was so under-covered by virtually every news organization. Why is that? Why was it so ignored up until the very last day by virtually everyone?” Talking Points Memo reporter Brian Beutler calls Kelly’s comment “a media version what some of us like to call a Kinsley gaffe”; such a “gaffe” is defined as an instance where a politician mistakenly tells the truth. (Beutler 4/16/2009) Steve Benen of the Washington Monthly notes: “Fox News is ostensibly a news outlet. Obviously, it’s not a legitimate journalistic enterprise, and equally obvious was the fact that it was doing ‘public relations’ work for the conservative rallies. But Megyn Kelly isn’t supposed to admit this on the air. As for the substance of her concerns about the legitimate news organizations, Kelly is no doubt convinced that there’s a nefarious media bias at play, but it’s at least possible major outlets didn’t have much pre-event coverage because there wasn’t that much, you know, news. Most mainstream outlets didn’t feel the need to do ‘p.r.’ work for enraged partisans in advance of their protests. That’s probably a good thing.” (Benen 4/16/2009)

Marcy Wheeler.Marcy Wheeler. [Source: Project Censored]Progressive blogger Marcy Wheeler, who posts under the moniker “emptywheel” at FireDogLake.com, finds that, upon careful perusal of the March 30, 2005 CIA torture memo just released by the Obama administration (see May 30, 2005 and April 16, 2009), two suspected terrorists, Abu Zubaida and Khalid Shaikh Mohammed, were waterboarded 266 times. Initial, more cursory news reports on the memo did not reveal this fact. The next day, the New York Times will cite Wheeler in its report on the discovery. (Marcy Wheeler 4/18/2009; Shane 4/19/2009) Wheeler writes: “The CIA wants you to believe waterboarding is effective. Yet somehow, it took them 183 applications of the waterboard in a one month period to get what they claimed was cooperation out of KSM. That doesn’t sound very effective to me.” (Marcy Wheeler 4/18/2009) Days later, an unidentified “US official with knowledge of the interrogation program” will tell a Fox News reporter that the claim of 183 waterboardings for Mohammed is inaccurate and misleading. Mohammed was only waterboarded five times, the official will claim. The figure of 183 is the number of “pours” Mohammed was subjected to. “The water was poured 183 times—there were 183 pours,” the official says, adding, “[E]ach pour was a matter of seconds.” The report of five waterboardings for Mohammed comes from a 2007 Red Cross report, the official will say. (Abrams 4/28/2009)

Al Franken (D-MN), who won the recount to become the junior US senator from Minnesota but who has been blocked from taking his seat by a legal challenge filed by his opponent, Norm Coleman (R-MN—see January 5, 2009 and January 7, 2009), asks the Minnesota Supreme Court to expedite Coleman’s legal challenge to the recount. Coleman is appealing the recent decision by a lower court to uphold the recount findings and declare Franken the winner of the race (see April 13, 2009). Franken won the recount by 312 votes. Franken’s lawyer David Lillehaug says in a court filing, “Because of the important public policy concern of ensuring that the interests of the citizens of Minnesota are properly represented in Congress, this appeal should be expedited.” Lillehaug is echoing concerns made by Franken and his campaign that Minnesota is suffering by having only one, and not two, sitting US senators. Coleman’s campaign says through a spokesperson that it will comply with a Supreme Court ruling; Coleman himself has said he wishes the process to move as quickly as possible. Franken wants oral arguments before the Minnesota high court to begin in early May, but Coleman’s lawyer James Langdon says those arguments probably will not begin until late May or early June. Minnesota’s version of the Democratic Party, the Democratic-Farmer-Labor Party (DFL), has begun a “Give It Up, Norm” campaign prodding Coleman to concede the election. DFL official Brian Melendez says of Coleman, “If he fights this through to its bitter conclusion, he’ll be not only a sore loser but a permanent loser.” Minnesota Republican Party spokesperson Gina Countryman says, “The number that matters in this whole scenario is the number of voters that remain disenfranchised,” continuing Coleman’s argument that if the ballots were properly counted, he would have won the recount. (Duchschere 4/22/2009)

Conservative columnist and political activist Jonathan Moseley writes an article for his blog US News and Views that asserts President Obama is, and always has been, a “closet Muslim.” This assertion has been made numerous times by conservative opponents of Obama, and has been thoroughly debunked (see October 1, 2007, December 19, 2007, Before October 27, 2008, January 11, 2008, Around March 19, 2008, and April 18, 2008). Moseley accuses the national news media of “acting as the palace guard for ‘Dear Leader’ Barack Obama” and refusing to report what he calls “the truth” of Obama’s “secret Muslim” beliefs. Apparently, Moseley’s primary evidence is a February 2007 interview with New York Times columnist Nicholas Kristof, where Obama recited the Muslim call to prayer and called it “one of the prettiest sounds on earth at sunset.” Moseley calls the Muslim call to prayer “screeching,” and says no one who listened to it would believe it to be beautiful “without enormous indoctrination into Islam.” Obama says he learned the call to prayer as a child, when he attended school in Indonesia. According to Moseley, the recitation of the call to prayer “makes one a Muslim. The words express a Muslim’s complete acceptance of, and total commitment to, the message of Islam.… Having attended Islamic religion classes, Obama knows this.” Moseley also cites as “evidence” a false claim that in April 2009, Obama demanded that “Georgetown University cover up the name of Jesus in a campus hall before” he would give a speech there. And, he says, at a recent economic summit, Obama “bowed reverently to Saudi Arabia’s King Abdullah,” but did not bow to Queen Elizabeth of England; Mosely writes that “a Muslim would instinctively give reverence to” the king of Saudi Arabia, but would not bow to the Queen of England, who, he writes, “is technically the head of the Church of England. Obama did not bow to the royal queen who is guardian of the world’s first and oldest Protestant Christian Church.” Moseley incorrectly calls Queen Elizabeth a “head of state” equal to the king of Saudi Arabia; in reality, Elizabeth is queen in title only, with the real head of the British government being the prime minister. Moseley states falsely that Obama “was raised as a Muslim,” citing the fact that his biological father was Muslim as well as his stepfather Lolo Soetoro (see October 28, 2008), and falsely states that Obama’s stepfather enrolled him in school under the name “Barry Soetoro” (see June 27, 2008, August 21-24, 2008, and Shortly Before June 28, 2010). Moseley even claims: “Since Obama changed his name back from Barry Sotero [an alternate spelling of ‘Soetoro’], he could have legally removed [his middle name] ‘Hussein’ in the process had he wished to. He did not.” This, Moseley claims, is further proof of Obama’s Muslim status. Moseley says that Obama has been masquerading as a Christian for over 20 years, ever since his “profess[ed]” conversion to Christianity at Trinity United Church of Christ in Chicago (see January 6-11, 2008), but dismisses Trinity United as “little more than a left-wing political club” and not a real church. And, Moseley says, Obama incorrectly claimed he had been to “57 states” on the presidential campaign trail, and cites this as evidence of Obama’s “closet Muslim” status, noting that there are 57 “states” in the Organization of Islamic Conference. “So the number of Islamic OIC states appears to have sprung more readily to Obama’s mind than the 50 states of the USA,” he writes. (Jonathan Moseley 4/29/2009; The British Monarchy 2011) Obama said after that statement that he had misstated both the number of states and the number of victims of a cyclone in Myanmar in that speech, and blamed fatigue for his misstatement; there are also less than 57 members in the OIC. (Snopes (.com) 7/1/2009) Moseley will later become a senior campaign aide to Christine O’Donnell (R-DE) in her unsuccessful bid for the Senate (see September 13, 2010); O’Donnell’s campaign will assert that Obama is a Muslim, and both O’Donnell and Moseley will assert that Obama, like other Democrats, is a secret Communist. (Mother Jones 9/20/2010)

The announcement that Supreme Court Justice David Souter is retiring is already sparking a tremendous fundraising effort among conservative opposition groups, according to the Congressional Quarterly. “This is a nuclear weapon for the conservatives out there,” says conservative fundraiser Dan Morgan. “When you do fundraising, there’s an emotional component in this, and boy the emotion is there magnified times 100.” President Obama is expected to choose a replacement for Souter who is somewhat left of center, a choice that will be portrayed by right-wing groups as a threat to their positions on abortion, gun rights, gay marriage, and property rights, among other “hot-button” social and legal issues (see May 26, 2009). The upshot: lots of money gathered to oppose Obama’s prospective nominee. “Although Souter may be a more difficult case to make as his voting record is center-left, it does open the door for discussion of who, and how left a replacement, President Obama may choose,” says veteran Republican fundraiser Linus Catignani. “It also gives clarity to the power of the presidency and generates lots of chatter regarding the fact that Obama may make up to four replacements in short order. That obviously paints a very scary picture for many conservatives.” Catignani says that when conservative Justices John Roberts and Samuel Alito (see September 29, 2005 and October 31, 2005 - February 1, 2006) were nominated, Republican fundraisers used them as touchstones for their efforts to gather money—that time in the interest of promoting and defending the nominees. Democrats used their nominations to raise funds in opposition, much as Republicans are doing now, and Democrats will use the nomination to raise funds in defense of Obama’s nominee. Souter’s replacement will energize and invigorate a flagging and dispirited conservative base, says former Democratic National Committee Chairman Steve Grossman. “This can be a catalyst properly handled that can get people back into a sense of stakeholdership.” It can also be used to energize Democrats to fund efforts to thwart the Republicans’ own efforts to derail the nomination. Morgan says: “The Supreme Court is great. That’s going to be mail, that’s going to be phone calls. The clients I work with are in meetings already. There are letters being written already.” (Allen 5/1/2009)

Fox News’s Web site, Fox Nation, features a banner advertisement for May 14’s ‘Tea Party 2.0’ events.Fox News’s Web site, Fox Nation, features a banner advertisement for May 14’s ‘Tea Party 2.0’ events. [Source: Media Matters]As it did with the April 15 “tea parties” (see April 15, 2009), Fox News actively promotes the May 14 anti-tax “tea party” protests scheduled to take place at venues around the country. The protests, dubbed “Tea Party 2.0,” are a major portion of Fox’s coverage before and during the May 14 events. On May 13, Fox News host Greta Van Susteren hosts one of the events’ highest-profile organizers, Governor Mark Sanford (R-SC), speaking on behalf of the Republican Governors Association (RGA), one of the hosts of the events. “If you wanted to go to a tea party on April 15 but could not make it or there was none in your hometown, tomorrow’s your big chance,” she says. She also asks Sanford if viewers can log on to a Web site for more information, and asks for a phone number for more information. During the interview, Fox News shows an on-screen text crawl that reads, “To sign up for Tea Party 2.0 go to: www.thegopcomeback.com” (see October 13, 2009). (Media Matters 5/14/2009; Media Matters 5/15/2009)

One of the billboards erected by WorldNetDaily.One of the billboards erected by WorldNetDaily. [Source: WorldNetDaily]The conservative news blog WorldNetDaily (WND), which has been at the forefront of the “birther” movement challenging President Obama’s citizenship (see August 1, 2008 and After, October 21, 2008, October 24, 2008, November 12, 2008 and After, and December 5, 2008), begins erecting billboards asking “Where’s the Birth Certificate?” Joseph Farah, editor and chief executive officer of WND, calls the billboard initiative “the truth and transparency campaign.” The first, a digital electronic billboard, is displayed along Highway 165 in Ball, Louisiana, and two more standard billboards are being prepared for display in Los Angeles and Pennsylvania. Farah says the “national [billboard] campaign is going to be big and long-lasting,” and uses WND to solicit donations for more billboards. Farah says he and the WND staff deliberately chose not to name Obama in the billboards: “There are several reasons we chose the message, ‘Where’s the birth certificate?’ There is only one birth certificate controversy in this country today—despite the near-total absence of this issue from coverage in the non-WND media. This is a grass-roots issue that resonates around the country, as our own online petition with nearly 400,000 signers suggests. In addition, I like the simplicity of the message. I like the fact that the message will cause some people to ask themselves or others about the meaning of the message. It will stir curiosity. It will create a buzz. I’m assuming when these billboards are springing up all over the country, it might even make some in the news media curious. And there’s one more factor that persuaded me this was the way to go. Come 2012, campaign laws will pose restrictions on political advertising mentioning the names of presidential candidates. This one clearly doesn’t. I would like to see the federal government make the case that this is somehow a political ad.” Farah blames “timid elected officials in Washington, corrupt judges around the country, and a news media that show a stunning lack of curiosity about the most basic facts of Obama’s background—especially how it relates to constitutional eligibility for the highest office in the land” for failing to investigate the “birther” controversy. Obama released his birth certificate in 2008 (see June 13, 2008), and since then it has been validated by multiple governmental and independent sources (see June 27, 2008, July 2008, August 21, 2008, and October 30, 2008). Farah, however, is not convinced, and believes the birth certificate “controversy” is part of a larger, sinister scheme by the Obama administration: “As Obama transforms this country from self-governing constitutional republic to one governed by a central ruling elite, the simple fact remains that no controlling legal authority has established that he is indeed a ‘natural born citizen’ as the Constitution requires,” he says. “Obama’s promises of transparency have become a bad joke as he continues to hide simple, innocuous documents like his birth certificate and his student records.” Farah says WND is operating as an “independent watchdog on government” by launching the billboard campaign, and not acting as a partisan organization. “I wish such a campaign were not absolutely necessary,” he says. “I wish there were checks and balances in our political and electoral systems to ensure that constitutional eligibility of presidential candidates was established before politicians could assume the highest office in the land. I wish my colleagues in the news media believed the Constitution really means what it says and pressed this issue as hard as we have pressed it at WND. I wish radio talk show hosts were bold enough to ask this question. But wishing is not enough. It’s time to raise the visibility of this issue vital to the rule of law in America. I ask everyone to pitch in and help WND make a simple yet profound statement: The Constitution still matters.” (WorldNetDaily 5/20/2009) In November 2010, WND will erect a “birth certificate” billboard along Highway 93 near Kingman, Arizona, the small town in which Oklahoma City bomber Timothy McVeigh planned the destruction of the Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Other billboards will be erected in Pennsylvania, Texas, Alabama, and Delaware. (WorldNetDaily 11/8/2010)

Tom Goldstein, a veteran lawyer who maintains the Supreme Court-focused, nonpartisan “SCOTUSblog,” writes that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) will be the focus of caricatures and character attacks from the right, just as Justices Samuel Alito (see October 31, 2005 - February 1, 2006) and John Roberts (see September 29, 2005) were from the left. Goldstein’s assessment is echoed by ABC’s “The Note,” an influential daily political newsletter. Goldstein, who has argued cases before the Court over 20 times, writes that barring some serious revelation of ethical violations, Sotomayor is almost guaranteed to be confirmed by the Senate, but before that, she will be subjected to attacks from what he calls “committed ideologues.” Few “mainstream Republican politicians will vocally join the criticism,” he predicts. In a political sense, it would be disastrous for Republicans to mount serious opposition to a Hispanic woman, or Latina. “To Hispanics, the nomination would be an absolutely historic landmark,” Goldstein writes. “It really is impossible to overstate its significance. The achievement of a lifetime appointment at the absolute highest levels of the government is a profound event for that community, which in turn is a vital electoral group now and in the future.” Such attacks would comprise “a strategy that risks exacting a very significant political cost among Hispanics and independent voters generally, assuming that the attacks aren’t backed up with considerable substance.” The attacks will come from any of four major areas, Goldstein predicts. (Tom Goldstein 5/26/2009)
Attacks Led by Conservatives outside Congress - ABC’s Jonathan Karl agrees. He writes: “At the start, Senate Republicans will likely make innocuous statements about the need to thoroughly review her record, but make no mistake, GOP leaders, with a big assist from outside conservative groups, will wage a vigorous campaign against this nomination.… Senate Republicans don’t expect to defeat the Sotomayor nomination. But they hope to raise enough questions about the nomination to make it a tough vote for Democratic senators in more conservative states. They will also use the confirmation battle as an opportunity to motivate a demoralized Republican base” (see May 1, 2009). (Karl 5/26/2009)
Attacks on Sotomayor's Intellect - The first series of attacks, Goldstein writes, will focus on the claim that she “is not smart enough for the job.” He writes that this is a powerful line of argument with an equally strong potential for backlash, so it will be handled carefully and obliquely. Unfortunately for this position, he writes, “Sotomayor is in fact extremely intelligent.” She graduated at the top of her class at Princeton, and her judicial opinions “are thorough, well-reasoned, and clearly written. Nothing suggests she isn’t the match of the other Justices.” Goldstein’s predictions are reflected in a number of public columns and commentaries (see May 26, 2009, May 26, 2009, May 29, 2009, and May 31, 2009).
'Liberal Ideologue and Judicial Activist' - The second line of attack will be purely ideological, focusing on the claim that she is a “liberal ideologue” and a “judicial activist.” While Sotomayor would be on the left of the Court, Goldstein writes, she is hardly a radical liberal. She is very similar to the man she is slated to replace, Justice David Souter, as a moderate, centrist liberal. Her appellate opinions as reviewed by the Court put her squarely with the left-center wing of the current Court. Karl writes, “They will call her an ‘activist’ judge intent on making law from the bench, not interpreting law.” Their predictions are reflected in a number of public columns and commentaries (see May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 28, 2009, May 28, 2009, May 29, 2009, May 29, 2009, and June 3, 2009).
Intolerant of Positions Contrary to Her Own - The third wave of attack will claim, Goldstein writes, that she is intolerant of positions with which she disagrees. Proponents of this line of attack will focus on a decision she wrote that upheld affirmative action laws to the detriment of white firefighters, on a panel appearance in which she acknowledged that appellate judges sometimes make public policy, and a speech where she talked about the role her gender and ethnicity played in her decision-making. They will also focus, Karl notes, on a 2002 speech where she said the sex and ethnic origin of a judge can affect their decisions. Sotomayor said, “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life” (see October 26, 2001). “These reeds are too thin for that characterization to take hold,” Goldstein writes. The public “is easily able to accept a judge’s recognition of the lawmaking effects of her decisions and the influences of her background. There just isn’t any remotely persuasive evidence that Judge Sotomayor acts lawlessly or anything of the sort.” Goldstein’s predictions are reflected in a number of public columns and commentaries (see May 26, 2009, May 26, 2009, May 29, 2009, and June 3, 2009). (Karl 5/26/2009; Tom Goldstein 5/26/2009)
Personality Characteristics - The fourth wave of attacks will characterize her as, Goldstein writes, “gruff and impersonable,” based on some excerpts from oral arguments and a few anonymous criticisms voiced in the “Almanac of the Federal Judiciary.” Sotomayor can easily quash these attacks with a few well-turned statements in the public eye. From his own experiences arguing cases before the Court, Goldstein believes Sotomayor is similar in demeanor and temperment to Justices Roberts, Souter, and Antonin Scalia. Goldstein’s predictions are reflected in a number of public columns and commentaries (see May 27, 2009. May 29, 2009, and June 3, 2009).
Missed Line of Attack - Neither Goldstein nor Karl write about the direct attacks on Sotomayor’s race and gender that some conservatives will launch (see May 26, 2009, May 26, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009. May 29, 2009, June 2, 2009, June 3, 2009, and June 5, 2009). Goldstein’s own analysis of Sotomayor’s rulings will thoroughly disprove the allegations of racial bias (see May 29, 2009).
Conclusion - Goldstein concludes, “All in all… her easy confirmation seems assured.” (Tom Goldstein 5/26/2009)

Salon columnist Glenn Greenwald notes that in 2006, conservative Supreme Court nominee Samuel Alito (see October 31, 2005 - February 1, 2006) made remarks about his ethnic identity influencing his decisions from the bench that are strikingly similar to those made in 2001 by Supreme Court nominee Sonia Sotomayor (see October 26, 2001 and May 26, 2009). Sotomayor is being called a “racist” by conservatives based on her remarks (see May 26, 2009, May 26, 2009, May 27, 2009, and May 28, 2009). In 2006, as Greenwald notes, Alito told the Senate Judiciary Committee: “[W]hen a case comes before me involving, let’s say, someone who is an immigrant—and we get an awful lot of immigration cases and naturalization cases—I can’t help but think of my own ancestors, because it wasn’t that long ago when they were in that position. And so it’s my job to apply the law. It’s not my job to change the law or to bend the law to achieve any result. But when I look at those cases, I have to say to myself, and I do say to myself, ‘You know, this could be your grandfather, this could be your grandmother. They were not citizens at one time, and they were people who came to this country.‘… When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account.” Greenwald writes, “Anyone who is objecting now to Sotomayor’s alleged ‘empathy’ problem but who supported Sam Alito and never objected to this sort of thing ought to have their motives questioned (and the same is true for someone who claims that a person who overcame great odds to graduate at the top of their class at Princeton, graduate Yale Law School, and then spent time as a prosecutor, corporate lawyer, district court judge, and appellate court judge must have been chosen due to ‘identity politics’).” (Washington Post 1/11/2006; Greenwald 5/27/2009)

Lester Kinsolving, in a photo taken during a 2007 Christmas celebration at the White House.Lester Kinsolving, in a photo taken during a 2007 Christmas celebration at the White House. [Source: Houston Chronicle]Journalist Lester Kinsolving, representing the conservative news blog WorldNetDaily (WND), asks White House press secretary Robert Gibbs about President Obama’s birth certificate. Obama has been hounded for well over a year with questions concerning his heritage and his citizenship. Kinsolving begins by asking: “One question concerning what the president said in his speech on Thursday, and I quote: ‘I ran for president promising transparency, and I meant what I said. This is why, whenever possible, we will make information available to the American people so they can make informed judgments and hold us accountable.’ End of quote. Do you remember that statement?” Gibbs responds, “I can confirm he said that.” Kinsolving says: “Good. In consideration of this very good promise of transparency, why can’t the president respond to the petitioned requests of 400,000 American citizens by releasing a certified copy of his long form birth certificate listing hospital and physician?” Kinsolving is referring to an online petition hosted by WND that, the site claims, has over 400,000 signatures asking for Obama’s “true” birth certificate. Gibbs tells Kinsolving that the certificate “is on the Internet, Lester” (see June 13, 2008). Kinsolving responds, “No, no, no—the long form listing his hospital and physician” (see July 1, 2009). Kinsolving is referring to the “long form” birth certificate that is by Hawaiian law kept in state vaults; only “short form” certificates are given to individuals and/or family members. Gibbs replies: “Lester.… This question in many ways continues to astound me. The state of Hawaii provided a copy, with a seal, of the president’s birth (see June 27, 2008 and August 21, 2008). I know there are apparently at least 400,000 people that continue to doubt the existence of and the certification by the state of Hawaii of the president’s birth there, but it’s on the Internet because we put it on the Internet for each of those 400,000 to download. I certainly hope by the fourth year of our administration that we’ll have dealt with this burgeoning birth controversy.” WND will respond to Gibbs’s statement by taking out an ad in the conservative publication Human Events calling Gibbs “arrogant… factually incorrect,” and a liar, and accuses other journalists in the White House press corp, “members of the liberal elitist media,” of “openly laugh[ing]” at Kinsolving’s line of inquiry. PolitiFact researcher Robert Fairley will confirm that journalists could indeed be heard “chuckling” at Kinsolving’s questions. (St. Petersburg Times 6/17/2009; Fairley 7/1/2009)

Progressive news and advocacy Web site Think Progress profiles Tim Phillips, the president of Americans for Prosperity (AFP), the conservative Washington lobbying organization that is planning to coordinate anti-tax “tea party” protests (see April 8, 2009 and April 15, 2009) with a summer push against the White House’s health care reform proposals. AFP is largely funded by Koch Industries, the largest private oil corporation in the US; AFP has long advocated positions favorable to the energy and health care industries. AFP also uses the technique of “astroturfing,” the creation of ostensibly citizen-driven “grassroots” advocacy groups that are actually funded and driven by corporate and lobbying interests. AFP’s most recent creation is a “front group” called “Patients United Now” (PUN), a group explicitly designed to thwart health care reform. PUN’s Web site declares, “We are people just like you,” and actively solicits participation and donations from ordinary Americans without revealing its corporate roots. AFP employs close to 70 Republican operatives and former oil industry officials.
Other 'Astroturf' Campaigns - Think Progress notes that other AFP “Astroturf” groups have organized events such as the “Hot Air Tour” attacking environmental regulation, the “Free Our Energy” movement to promote domestic oil drilling, the “Save My Ballot Tour” which sent conservative activist “Joe the Plumber” (see October 10, 2008) around the country attacking the Employee Free Choice Act, the “No Climate Tax” group aimed at defeating the Clean Energy Economy legislation, and the “No Stimulus” organization, which opposes the Obama administration’s economic policies.
Headed by Former Abramoff Colleague - AFP’s president is Tim Phillips, a veteran conservative lobbyist and “astroturfer.” In 1997, Phillips, then a Republican campaign strategist, joined Christian conservative activists in a new lobbying firm, Century Strategies. The firm promised to mount “grassroots lobbying drives” and explained its strategy as “it matters less who has the best arguments and more who gets heard—and by whom.” Century Strategies was given a boost by Texas GOP political operative Karl Rove, and began its career representing the Texas oil giant Enron. The firm was paid $380,000 to mobilize “religious leaders and pro-family groups” to push energy deregulation on the federal and state level, an effort which helped lead, says Think Progress, “to the energy crisis and economic meltdown of 2001.” As part of their efforts, Phillips and his partner, former Christian Coalition official Ralph Reed, used their congressional connections and “placed” purported “news” articles in the New York Times and other prominent newspapers. Phillips managed the firm’s direct mail subsidiary, Millennium Marketing, which was hired by then-GOP lobbyist Jack Abramoff to pressure members of Congress to oppose federal wage and worker safety legislation. Phillips and Reed also worked with Abramoff in the lobbyists’ efforts to fraudulently charge Native American tribes millions of dollars in lobbying fees over their efforts to build casinos on tribal lands. And they helped Abramoff launder gambling money. Phillips and Reed are responsible for the ads that helped Republicans win election victories by comparing Democratic candidates to Osama bin Laden, and helped George W. Bush (R-TX) defeat Senator John McCain (R-AZ) in 2000 by accusing McCain of fathering an illegitimate black child. They were unsuccessful in preventing the 2000 election of Republican Eric Cantor (R-VA) to the House by attacking his Jewish heritage. (Fang 5/29/2009)
Headed by Oil Billionaire, Republican Party Funder - MSNBC’s Rachel Maddow will later note that AFP’s director is Art Pope, a multi-millionaire who has given so much money to the North Carolina Republican Party that it named its headquarters after him. The national chairman of AFP is David Koch, who with his brother runs Koch Industries, the largest privately held oil company in the US and a longtime supporter of right-wing causes. Koch is the 19th richest man in the world. (MSNBC 8/6/2009)

A 2002 photo of Dr. George Tiller.A 2002 photo of Dr. George Tiller. [Source: Abortion Essay (.com)]Dr. George Tiller, one of the handful of doctors in the USA willing to perform late-term abortions, is shot to death while attending services at the Reformation Lutheran Church in Wichita, Kansas. The 67-year-old doctor is slain in front of several witnesses by a single assailant in the foyer of his church while serving as an usher at about 10 a.m. Law enforcement officials say they believe the murder is “the act of an isolated individual,” but add that they are also looking into the suspected assailant’s “history, his family, his associates.” (Smith 5/31/2009; Stumpe and Davey 5/31/2009) Tiller’s murderer is eventually identified as anti-abortion activist Scott Roeder (see May 31, 2009).
Murder Caps Off Years of Violence, Harassment - Tiller’s murder comes after repeated harassment and violence against him, his clinic, and his patients. In 1986, the clinic was bombed, causing serious damage. In 1991, 2,000 protesters outside the clinic were arrested over the course of the summer. In 1993, Tiller was shot in both arms outside the clinic (see August 19, 1993). During a trial for performing illegal abortions, in which he was acquitted (see March 27, 2009), Tiller testified that he had spent years under the protection of federal agents after the FBI learned in 1994 that he was a top target on an anti-abortionist assassination list. (Agence France-Presse 5/31/2009) In recent months, Tiller had been targeted by Fox News talk show host Bill O’Reilly, who repeatedly referred to him as “Tiller the Killer.” Tiller’s clinic was defaced with a poster titled “Auschwichita,” that claimed Tiller was like Hitler because he espoused Christianity just as Hitler did. The poster also used the term “Tiller the Killer,” and called Tiller an “equal opportunity executioner.” (Sarah Jones 10/20/2010)
Responses from Family, President, Activists - Responding to Tiller’s murder, President Obama tells the nation, “However profound our differences as Americans over difficult issues such as abortion, they cannot be resolved by heinous acts of violence” (see May 31, 2009). Troy Newman, the president of the anti-abortion organization Operation Rescue (OR—see 1986), says his organization has always sought “nonviolent” measures to challenge Tiller, including efforts in recent years to have him prosecuted for crimes or investigated by state health authorities. “Operation Rescue has worked tirelessly on peaceful, nonviolent measures to bring him to justice through the legal system, the legislative system,” Newman says. “We are pro-life, and this act was antithetical to what we believe.” Newman says that Roeder may have posted on OR-hosted Web sites, but says of the suspect, “He is not a friend, not a contributor, not a volunteer.” The media will quickly unearth deeper ties between OR and Roeder than Newman initially acknowledges (see May 31, 2009). In a statement, the Tiller family says: “George dedicated his life to providing women with high-quality health care despite frequent threats and violence. We ask that he be remembered as a good husband, father, and grandfather, and a dedicated servant on behalf of the rights of women everywhere.” (Stumpe and Davey 5/31/2009)

A doctored photo of Sotomayor issued by the Council of Conservative Citizens. The robe and hood have been added to the photo, as has the ‘raised-fist’ logo.A doctored photo of Sotomayor issued by the Council of Conservative Citizens. The robe and hood have been added to the photo, as has the ‘raised-fist’ logo. [Source: Council of Conservative Citizens / Think Progress]The Council of Conservative Citizens (CofCC), a pro-segregation group that the Southern Poverty Law Center has called “brazenly racist,” posts a doctored photograph of Supreme Court nominee Sonia Sotomayor (see May 26, 2009) on its Web site. The altered photograph depicts Sotomayor wearing what appears to be a robe and hood similar to those worn by members of the Ku Klux Klan. The robe has a raised fist and the words “La Raza.” Sotomayor is a member of the National Council of La Raza (NCLR), a Hispanic civil rights organization which some conservatives have falsely claimed is a racist organization (see May 28, 2009 and May 29, 2009). An NCLR spokesman confirms that the logo in the photograph is not used on any basis by the organization. (Terkel 6/2/2009)

After meeting with Supreme Court nominee Sonia Sotomayor (see May 26, 2009), Senator Lindsey Graham (R-SC) says he has fundamental questions about her judicial philosophy and temperament, and adds he will likely not vote to confirm her to the high court. “I was very direct,” he tells reporters of his conversation with Sotomayor. “I have to decide how to play this game, quite frankly. If I use the same standard that Senator [Barack] Obama used, then I would not vote for you, quite frankly.” Graham is referring to votes cast by then-Senator Obama against Justices John Roberts (see September 29, 2005) and Samuel Alito (see October 31, 2005 - February 1, 2006) in which Graham asserts that Obama voted against them on ideological grounds. “He used a standard, I think, that makes it nearly impossible for a person from the opposite party to vote for the nominee,” Graham says. Many political observers feel that Graham is something of a bellwether of Republican sentiment; a former judge advocate general officer, Graham is considered one of the better legal minds in the party, and his opinion carries great weight with his colleagues. Other Republicans may follow his lead in coming out in public opposition to the nominee. Graham says he asked Sotomayor about her “wise Latina” comment (see October 26, 2001), but refuses to say how she responded. Graham also says he has questions about her temperament, saying that while she was friendly in the meeting, he cannot ignore other lawyers’ negative assessments of her personality (see May 4, 2009). “I think she does have the intellectual capacity to do the job,” Graham says. “But there’s a character problem. There’s a temperament problem that they—during the time they’ve had to be a judge, that they were more of an advocate than an impartial decider of the law. And I’ve got to find out, in my own mind” about her temperament. (Isenstadt 6/3/2009) On Fox News, Graham contradicts his earlier assessment, saying that Sotomayor has “sterling character.” (Think Progress 6/3/2009)

Pam Farnsworth, the marketing director for Tea Party Nation, asks on Twitter, “Where’s the birth certificate?” referring to President Obama’s supposed lack of a valid birth certificate (see June 13, 2008) and accusations that he is ineligible to be president because of his lack of American citizenship. Farnsworth also writes: “New bill would make Obama a US natural-born citizen. Doesn’t the Constitution mandate he already be one to hold office?” (Burghart and Zeskind 10/19/2010)

Republican National Committee chairman Michael Steele implies that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) has racist tendencies, a week after urging fellow Republicans to stop “slammin’ and rammin’” Sotomayor over the issue of race and deal with her nomination on the issues (see May 29, 2009). While guest-hosting William Bennett’s radio show, Steele discusses criticisms that have been made of Sotomayor. “[T]he comments that she made that have been played up about, you know, the Latina woman being a better judge than the white male is something that she has said on numerous occasions,” Steele tells a caller (see October 26, 2001). “So this was not just the one and only time it was said. They’ve now found other evidences and other speeches… that she has made mention of this, this fact that her ethnicity, that her cultural background puts her in a different position as a judge to judge your case.… And God help you if you’re a white male coming before her bench.” A recent analysis of Sotomayor’s decisions as a judge in race-based cases proves that she does not discriminate against white plaintiffs (see May 29, 2009). (Corley 6/5/2009) Four days later, Steele will defend his remarks. “Well, that’s not inflammatory,” he tells a CNN audience. “It’s based off of what—the inference that she left and what she said. You know, if you have a judge, where you have a situation where you have—you’re going before a trier of fact, and the trier of fact is on record as saying that this individual’s background experience is better positioned to make a decision than someone else, that gives one pause. And so my view of it was, in looking at it, you’re now segregating out white men by your comments. So, God help you if you’re a white male. If you’re seeking justice, this may not be the bench you want to go before.” (Corley 6/10/2009)

Former House Speaker Newt Gingrich, who recently seemed to retract his characterization of Supreme Court nominee Sonia Sotomayor as a “racist” (see May 27, 2009 and June 3, 2009), now calls Sotomayor a “racialist.” On CBS News’s Face the Nation, Gingrich says: “When I did a Twitter about her, having read what she said, I said that was racist—but I applied it to her as a person. And the truth is I don’t know her as a person. It’s clear that what she said was racist, and it’s clear—or as somebody wrote recently, ‘racialist’ if you prefer.” (Shakir 6/7/2009)

Conservative author and pundit Pat Buchanan continues the argument that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) is a product of “affirmative action” (see May 28, 2009, May 29, 2009, and May 31, 2009). “By her own admission, Sotomayor is an ‘affirmative action baby,’” Buchanan writes, referring to a panel discussion from the early 1990s where she called herself a “product of affirmative action.” Buchanan writes that her stellar academic record, including graduating at the top of her class at both Princeton and Yale, is “a fraud from beginning to end, a testament to Ivy League corruption.… Sotomayor got into Princeton, got her No. 1 ranking, was whisked into Yale Law School and made editor of the Yale Law Review—all because she was a Hispanic woman. And those two Ivy League institutions cheated more deserving students of what they had worked a lifetime to achieve, for reasons of race, gender, or ethnicity. This is bigotry pure and simple. To salve their consciences for past societal sins, the Ivy League is deep into discrimination again, this time with white males as victims rather than as beneficiaries. One prefers the old bigotry. At least it was honest, and not, as Abraham Lincoln observed, adulterated ‘with the base alloy of hypocrisy.’” (Buchanan 6/12/2009; Media Matters 6/14/2009)

English-only advocates Pat Buchanan and white nationalist Peter Brimelow standing under misspelled banner.English-only advocates Pat Buchanan and white nationalist Peter Brimelow standing under misspelled banner. [Source: Think Progress (.org)]Right-wing pundit Pat Buchanan and his organization The American Cause host a conference to discuss how Republicans can regain a political majority. The conference is co-sponsored by a number of white nationalist and white advocacy groups. The conference features a panel discussion supporting English-only initiatives as a way to attract “working-class white Democrats” to the Republican Party, and in the process ridicules Supreme Court nominee Sonia Sotomayor (see May 26, 2009) for her use of children’s books to study English while she was in college (see May 31, 2009). The panelists also suggest that, without English as the official language of the US, President Obama would force Americans to speak Spanish. The conference’s English-only advocates apparently do not notice that the banner hanging over the festivities prominently misspells the word “conference” as “conferenece.” (Foser 6/11/2009; Fang 6/22/2009)

In an 8-1 decision, the US Supreme Court refuses to rule against one of the main components of the 1965 Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989). Many conservatives had seen the case as an opportunity for the Court conservatives to either drastically narrow or entirely gut the VRA, and were hopeful of that outcome in light of a recent Court decision narrowing the VRA’s effect on districting (see March 9, 2009). Instead, the Court chooses not to rule on the central tenet of the case of Northwest Austin Municipal Utility District No. 1 v. Holder, which is that the VRA is largely unconstitutional. The case was brought by a Texas utility district that claimed in arguments that the VRA was unconstitutional and unnecessary in a time when the nation has elected a black president. The plaintiff argued that districts and other governmental entities should be allowed to “bail out” from being covered by the VRA. (Liptak 6/22/2009; Cave 6/22/2009) Many observers were concerned that the conservative wing of the Court would use the case to overturn large portions of the VRA, especially in earlier questioning, when Justice Anthony Kennedy said: “Congress has made a finding that the sovereignty of Georgia is less than the sovereign dignity of Ohio. The sovereignty of Alabama is less than the sovereign dignity of Michigan. And the governments in one are to be trusted less than the governments in the other.… No one questions the validity, the urgency, the essentiality of the Voting Rights Act. The question is whether or not it should be continued with this differentiation between the states. And that is for Congress to show.” (Liptak 4/29/2009) Chief Justice John Roberts, writing the majority opinion, says that the Court should avoid tackling large constitutional questions when it can. “We are now a very different nation” than the one that first passed the Voting Rights Act, he writes. “Whether conditions continue to justify such legislation is a difficult constitutional question we do not answer today.” Roberts’s opinion says that “a broader reading” of the VRA’s bailout provision should be implemented. Moreover, he writes, the federal oversight of states and areas with a history of discrimination may have served its purpose and may need to be phased out, a position supported by the lone dissenter, Justice Clarence Thomas, who writes that the oversight provision of Section 5 of the VRA should be overturned entirely. It is possible that others will take advantage of the Court’s hesitation to file other “opt out” or “bailout” challenges to the VRA. Some legal experts found the basis of the case to be lacking. Ellen Katz, a law professor at the University of Michigan, calls the Court’s ruling “improbable,” and Richard Hasen of Loyola Law School says “virtually no lawyer” sees the Court’s interpretation as reasonable. NAACP lawyer Debo P. Adegbile says that regardless of questions surrounding the Court’s verdict, the ruling is one to celebrate: “This case was brought to tear the heart out of the Voting Rights Act, and today that effort failed.” (Liptak 6/22/2009)

President Obama, in a televised “town hall” event held in the White House to discuss health care reform, suggests that one way to trim medical costs might be to cease performing expensive and futile treatments—“extraordinary measures”—on terminally ill patients who do not want such interventions and would not benefit from them. Currently, doctors who have no particular instructions will perform “extraordinary measures” to stave off a terminally ill patient’s death, even for a matter of hours, no matter how intrusive or expensive the procedure. Obama tells his listeners that families need better information so they don’t unthinkingly approve “additional tests or additional drugs that the evidence shows is not necessarily going to improve care.” In some instances, he says, “Maybe you’re better off not having the surgery, but taking the painkiller.” He notes the experience of his recently deceased grandmother, Madelyn Dunham, was diagnosed with terminal cancer and given less than nine months to live. When she broke her hip, she and her family had to decide whether to put her through a long, expensive, and painful hip-replacement procedure. “[A]nd the question was, does she get hip replacement surgery, even though she was fragile enough they were not sure how long she would last?” he says. (Nicholas 6/25/2009) Obama is not advocating that life-extending treatments be forcibly denied to terminally ill or elderly patients (see July 23, 2009 and July 23, 2009), but his remarks will be misconstrued as advocating just such a position (see June 25, 2009, July 10, 2009, July 16, 2009, July 17, 2009, July 21, 2009, July 23, 2009, July 23-24, 2009, and July 24, 2009, July 28, 2009, July 28, 2009, July 28, 2009, July 31, 2009 - August 12, 2009, August 7, 2009, August 10, 2009, Shortly Before August 10, 2009, August 11, 2009, and August 12, 2009).

L.E. Ikenga, a Nigerian-American woman who has published numerous essays and articles in conservative publications, writes in the conservative blog American Thinker that President Obama holds the African-centric views of his Kenyan father, and has “adopt[ed]… a cultural and political mindset rooted in postcolonial Africa.” Ikenga writes: “[D]espite what CNN and the rest are telling you, Barack Obama is nothing more than an old school African colonial who is on his way to turning this country into one of the developing nations that you learn about on the National Geographic Channel. Many conservative (East, West, South, North) African-Americans like myself—those of us who know our history—have seen this movie before.” She accuses Obama of conducting a “masquerade” as an American who believes in democracy, when he really identifies with his Kenyan heritage and is “intrinsically undemocratic.” His true intentions are those of any “African colonial politician,” she writes: “a complete power grab whereby the ‘will of the people’ becomes completely irrelevant.” Ikenga writes that Obama is using the United States to play out his African colonial dreams of power. She bases her assertion on material drawn from his 1995 memoir Dreams from My Father, which she calls “an eloquent piece of political propaganda.” In Ikenga’s reading of the book, Obama “clearly sees himself as an African, not as a black American,” which she says he proved by actually going to Kenya to visit the homeland of his father. This visit, she says, “provides the main clue for understanding Barack Obama.” She concludes by warning that “the African colonial who is given too much political power can only become one thing: a despot.” (Fresh Conservative 2009; L.E. Ikenga 6/25/2009) The next day, conservative radio host Rush Limbaugh will read extensively from Ikenga’s article, which he calls “a special piece.” He concludes that Obama is “more African in his roots than he is American,” and declares: “[Obama] wants to turn this into a third world country.… The only way to try to do this is to just attack the private sector and deplete it of its resources, of its money, of its capital, which is exactly what he is doing.… We’ve elected somebody who is more African in his roots than he is American, loves his father who is a Marxist, and is behaving like an African colonial despot.” (Media Matters 6/26/2009)

Fake ‘ObamaCare’ card distributed by FreedomWorks.Fake ‘ObamaCare’ card distributed by FreedomWorks. [Source: FreedomWorks]The corporate lobbying firm FreedomWorks (see April 14, 2009) sends out a detailed memo, written in part by founder Dick Armey (R-TX), laying out strategies for protesting the Obama administration’s health care reform proposals. The memo claims that the White House intends to supplant the current privately owned and operated health care system with a “government-run” system “that would cost taxpayers trillions of dollars in new taxes” and feature “government bureaucrats,” not doctors and patients, deciding who received what health care. “This takeover of the health care system would be costly in terms of our money, our freedom, and even our lives,” the memo states. Members and sympathizers should descend on the “town hall” meetings and other venues hosted by their Congressional representatives and demand that they oppose the proposals. The memo states that its “action kit” should be used at the “tea parties” being sponsored by FreedomWorks and other right-wing organizations (see April 14, 2009, April 15, 2009, and May 29, 2009). The memo contains talking points, slogans, sample questions, a “sample” letter to the editor that members can copy and sign, a petition, and a satirical “Obamacare Card” issued to “Nancy P. Pelosi,” the Democratic Speaker of the House, saying that the bearer is entitled to “rationed health care, long waits, less choice and control, poorer care, fewer doctors and drugs, massive government, higher taxes, growing debt, zero innovation, rising costs, waste, fraud, and abuse, [and] anxiety, pain, [and] fear of death.” (Dick Armey 6/26/2009 pdf file)

The US Supreme Court says it will schedule a hearing on the controversial “Citizens United” case, Citizens United v. Federal Election Commission (see March 15, 2009), for September 2009, in an unusual second presentation before the Court (see September 9, 2009). According to the justices, the lawyers for both Citizens United (CU) and the federal government should argue whether previous Court rulings upholding federal election law should be overturned based on First Amendment grounds. Both sides are asked to argue whether the Court should overrule the 1990 Austin decision (see March 27, 1990), which upheld restrictions on corporate spending on political campaigns, and/or the 2003 McConnell decision (see December 10, 2003), which upheld the bulk of the 2002 Bipartisan Campaign Reform Act (BCRA—see March 27, 2002). Law professor Nathaniel Persily says of the directive: “The Court is poised to reverse longstanding precedents concerning the rights of corporations to participate in politics. The only reason to ask for reargument on this is if they’re going to overturn Austin and McConnell.” The New York Times observes, “The Roberts court [referring to the Supreme Court under Chief Justice John Roberts] has struck down every campaign finance regulation to reach it, and it seems to have a majority prepared to do more.” Previous lower court rulings have found that CU’s attempt to air a film attacking presidential candidate Hillary Clinton (D-NY) was an attempt to engage in “electioneering,” and thus came under the restrictions of the McCain-Feingold campaign law (see March 27, 2002). The film was financed in part by donations from corporations and individuals whom CU has refused to identify. (United Press International 6/29/2009; Liptak 6/29/2009) CU previously attempted to have its case heard by the Court, but the Court sent the case back to a federal appeals court, which ruled in favor of the Federal Election Commission (FEC) and against CU (see March 24, 2008). Law professor Richard Hasen agrees with Persily and the Times that the decision to reargue the case a second time indicates that the Court’s conservative majority is prepared to overturn both Austin and McConnell, and allow essentially unlimited corporate spending in federal elections. Hasen writes that if the Court does indeed rule in favor of unlimited corporate spending, it will be in response to the fundraising advantage currently enjoyed by Democratic presidential candidate Barack Obama (D-IL) over his Republican counterpart, John McCain (R-AZ). (Hasen 6/29/2009) The decision will indeed overturn both Austin and McConnell, and gut most of the BCRA (see January 21, 2010).

Senator-elect Al Franken (D-MN) acknowledges his victory in front of his Minneapolis home. His wife Franni Franken looks on.Senator-elect Al Franken (D-MN) acknowledges his victory in front of his Minneapolis home. His wife Franni Franken looks on. [Source: Jeffrey Thompson / Getty Images / Zimbio]The Minnesota Supreme Court rejects Senate candidate Norm Coleman’s motion to reconsider the vote recount that found his opponent, Al Franken (D-MN), the winner of the November 2008 Senate race (see January 5, 2009). Coleman, a Republican and the incumbent, concedes the election in a brief appearance after the ruling. Hours later, Governor Tim Pawlenty (R-MN) signs the election certificate for Franken, clearing the way for Franken to take his seat in the US Senate. “I can’t wait to get started,” Franken says. “I won by 312 votes, so I really have to earn the trust of the people who didn’t vote for me.” Coleman says he chose not to appeal to federal courts given the likelihood that the results would not have gone his way, and says he respects the high court’s decision. The court rejects Coleman’s contention that hundreds of absentee ballots ruled invalid should be counted, ruling that voters have the expectation of filling out the ballots properly and should understand that improperly completed ballots will be rejected. Franken’s seating gives Democrats a 60-vote majority in the Senate, theoretically giving them a “filibuster-proof majority” that would overcome Republican efforts to block legislation by refusing to allow cloture votes. However, Democrats rarely vote in unified “blocs” as Republicans often do, and two Senate Democrats, Ted Kennedy (D-MA) and Robert Byrd (D-WV), are hospitalized and unable to cast votes. Franken will be seated after Congress’s July 4 recess. (Associated Press 6/30/2009; Commercial Appeal (Memphis) 7/1/2009) Politico describes the ruling as “remarkably decisive, picking apart and rejecting one Coleman legal claim after another.” Law professor Larry Jacobs says, “Norm Coleman has gotten shellacked in the court room—by judges who were appointed by Pawlenty.” The Minnesota Republican Party protests the ruling, claiming that it “wrongly disenfranchised thousands of Minnesotans who deserve to have their votes counted,” but Senate Minority Leader Mitch McConnell (R-KY) says he accepts the decision, stating: “While I am very disappointed in the Minnesota Supreme Court’s decision today, I respect Norm’s decision not to pursue his case any further. After having more votes on Election Day, he made a great personal sacrifice to pursue an accurate account of the vote for Minnesotans. For that, and his dedicated service on behalf of Minnesota, he should be commended.” (Raju and Kraushaar 6/30/2009)

The non-partisan PolitiFact, an organization sponsored by the St. Petersburg Times, again delves into the ever-widening controversy surrounding President Obama’s supposed lack of US citizenship. A year ago, the organization attempted to debunk the wildly varying claims that Obama is not a US citizen (see June 27, 2008). Since then, the number and nature of the various claims against Obama’s heritage and citizenship have continued to swell. PolitiFact examines one aspect of the controversy, the question about “long form” vs. “short form” birth certificates. According to PolitiFact researcher Robert Fairley, so-called “birthers” claim that Obama has never produced a valid “long form” birth certificate, only an easily faked “short form” certificate that is generated via a computer database in Honolulu, the city of Obama’s birth. In August 2008, researchers from FactCheck stated that they had verified the authenticity of a physical and true copy of the birth certificate, though the verification did little to stem the tide of claims and conspiracy theories. The “long form”—kept in state vaults by Hawaiian law—is the actual “birth certificate,” birthers claim; the “short form” is merely a “certification of live birth,” and, they say, useless for proving anyone’s actual status as a citizen. Many “birthers” believe that the “hidden” long form would prove Obama’s foreign birth, and claim that Hawaii’s refusal to release it (a violation of state law) is proof of Obama’s hidden heritage. Some claim that Hawaii does not accept a “certification of live birth” as proof that an individual was physically born in Hawaii, and point to a statement on the Web site of the Hawaii Department of Home Lands, which reads in part: “In order to process your application, DHHL utilizes information that is found only on the original certificate of live birth, which is either black or green. This is a more complete record of your birth than the certification of live birth (a computer-generated printout). Submitting the original certificate of live birth will save you time and money since the computer-generated certification requires additional verification by DHHL.” DHHL spokesman Lloyd Yonenaka says the statement is somewhat misleading. In order to be eligible for Hawaii’s Home Lands program, an applicant must be able to prove that his ancestry is 50 percent native Hawaiian or indigeneous. Obama has never asserted that his ancestry is native Hawaiian. The DHHL Web site now states: “The Department of Hawaiian Home Lands accepts both certificates of live birth (original birth certificate) and certifications of live birth because they are official government records documenting an individual’s birth. The certificate of live birth generally has more information which is useful for genealogical purposes as compared to the certification of live birth which is a computer-generated printout that provides specific details of a person’s birth. Although original birth certificates (certificates of live birth) are preferred for their greater detail, the State Department of Health (DOH) no longer issues certificates of live birth. When a request is made for a copy of a birth certificate, the DOH issues a certification of live birth.” Janice Okubo of the Hawaii Department of Health says there is no real difference between the “long form” and “short form” for any useful purposes. The terms are “just words,” she says. Obama’s birth certificate as posted on the Internet (see June 13, 2008) “is considered a birth certificate from the state of Hawaii. There’s only one form of birth certificate.” Hawaii has followed the same practice of keeping the “long form” on file and issuing copies of the “short form” since the 1960s, she says. The forms have changed somewhat in appearance over the ensuring decades, she notes, and says there are no doubt differences between certificates issued in, say 1961 and those issued now. “When you request a birth certificate, the one you get looks exactly like the one posted on his site,” she says. “That’s the birth certificate.” The so-called “short form” “certification of live birth” would show if Obama had been born in a foreign land, she says. The certificate states that he was born in Honolulu. (Fairley 7/1/2009)

A Syracuse “town hall” meeting hosted by Democratic House member Dan Maffei (D-NY) turns ugly after police are forced to intervene to restore order. During the meeting, held at Lincoln Middle School and focusing on health care reform, conservative anti-reform protesters cause disruption with shouts, curses, and screams that repeatedly drown out both Maffei’s remarks and the questions and comments from the audience, which numbers around 400. Many of the protesters are members of one or another “tea party” groups (see April 8, 2009), which have long opposed the policies of the Obama administration. The worst of the attempts to shout down discussion comes when Maffei or audience members bring up the idea of the “public option,” the idea of a government-run alternative health care plan similar to Medicare or Medicaid. Some pro-reform audience members bicker with the anti-reformists, adding to the cacophany. Maffei will later say he believes many of the loudest and most discourteous anti-reform protesters were not from the district, but had been brought in by special interest groups (see July 23, 2009 and August 4, 2009). “Many of them are not even from the Congressional district,” Maffei says. “But we’re not going to check driver’s licenses and ask people if they live in the district. It’s very, very unfortunate.” After the meeting, Maffei says he is considering other formats for such meetings; he says any such format should allow everyone to speak and discuss ideas in a respectful fashion. “This has been a problem going on a little bit with our public meetings,” he says. “It just makes me think we can do a better job with the format.” (Weiner 7/12/2009; Slajda 8/3/2009)

Lawyer Orly Taitz (left) and Army Reserve Major Stefan Cook, during an interview for a television news crew.Lawyer Orly Taitz (left) and Army Reserve Major Stefan Cook, during an interview for a television news crew. [Source: Anna Raccoon (.com)]US Army Reserve Major Stefan Frederick Cook says he should not be deployed to Afghanistan because President Obama is not a US citizen and therefore lacks the constitutional authority to order troops to do anything. Cook’s counsel, “birther” lawyer Orly Taitz (see November 12, 2008 and After and March 13, 2009), files a request in the US District Court for the Middle District of Georgia asking that the court bar Cook from deploying, and seeking conscientious objector status for her client. Taitz says in the filing that Cook believes Obama is not a natural-born citizen of the United States (see June 13, 2008, August 21, 2008, October 30, 2008, and July 28, 2009) and therefore has no obligation to obey orders from his superior officers that generate from Obama. Moreover, the filing says, Cook “would be acting in violation of international law by engaging in military actions outside the United States under this president’s command.… simultaneously subjecting himself to possible prosecution as a war criminal by the faithful execution of these duties.” Cook is ordered to mobilize for active duty tomorrow. He is to report to MacDill Air Force Base in Tampa, Florida, and then report to Fort Benning, Georgia, for overseas deployment. A week later, the Army revokes Cook’s deployment orders, instead ordering Cook to await an upcoming hearing on his court filing. Army Public Affairs Officer Lieutenant Colonel Maria Quan says that reservists such as Cook have the right to ask for revocation of their orders up to the day they are scheduled to report for active duty, but adds that Cook has not asked for such revocation. The Army has learned that Cook volunteered for deployment in May 2009, while simultaneously conferring with Taitz to file the complaint. (Gordon 7/14/2009; Gordon 7/14/2009) Cook has posted on the Free Republic, a far-right Web site and forum, for six years under the moniker “roaddog727.” As early as March 2010, Cook had exchanged emails with Taitz, suggested that he was one of a number of plaintiffs in a class-action lawsuit challenging Obama’s citizenship, and had posted a long discourse on Obama’s lack of citizenship on the Free Republic. Taitz has repeatedly solicited soldiers to take part in her anti-Obama lawsuits. (Weigel 7/14/2009; Mudville Gazette 7/15/2009) On July 16, the day of the hearing, Cook is joined in the complaint by retired Army Major General Carol Dean Childers and active reserve Air Force Lieutenant Colonel David Earl Graeff. The government says that because Cook’s orders have been revoked, the complaint filed by Taitz is “moot”: “The commanding general of SOCCENT (US Special Operations Central Command) has determined that he does not want the services of Major Cook, and has revoked his deployment orders.” Taitz revises the complaint to add Childers and Graeff to the suit, “because it is a matter of unparalleled public interest and importance and because it is clearly a matter arising from issues of a recurring nature that will escape review unless the Court exercises its discretionary jurisdiction.” The lawsuit now says the injunction is necessary to encompass the possibility of Cook receiving future orders for deployment as well as to address and prevent “negative collateral consequences such as retaliation against” Cook. The filing notes that Cook lost his job at defense contractor corporation Simtech because of the lawsuit, and complains that Cook is the target of “gossip” from people who believe he was “manipulating his deployment orders to create a platform for political purposes.” (Gordon 7/16/2009) Federal judge Clay Land dismisses the suit, siding with the defense which calls the lawsuit “moot.” Land rules: “Federal court only has authority of actual cases and controversies. The entire action is dismissed for lack of subject matter jurisdiction.” Cook says after the ruling: “I love the Army and I want to continue to serve in the Army. If we can establish that [Obama] is in fact president of the United States legally, I’m on the airplane the next day over to Afghanistan… if they cut my deployment orders, so I can do the job that I want to do.… If one cannot establish the validity and legality of the order… we would be following illegal orders and subject to prosecution. I could be prosecuted by the Uniform Code of Military Justice and if captured I would not be privy to protections under the Geneva Convention.” (Gordon 7/16/2009) Taitz claims victory. The military has shown its cards “and they have nothing to play with,” she says. “By revoking the orders, it’s clear to anybody. Think reasonably: Why would the military undermine itself by revoking its orders?” She says the Army revoked Cook’s orders because the government could not prove in court that Obama was born in the United States and is therefore the legitimate commander in chief. CENTCOM spokesman Lieutenant Commander Bill Speaks calls Taitz’s claim “ridiculous” and Cook’s position “a bizarre conspiracy theory. Suffice to say [that revoking the orders] is certainly not an acknowledgement or validation in any way of his claims.” (McCloskey 7/30/2009)

Wendell Potter (r) being interviewed by Bill Moyers (l).Wendell Potter (r) being interviewed by Bill Moyers (l). [Source: PR Watch (.org)]Former health care executive Wendell Potter, who left the insurance giant Cigna after fifteen years, appears on “Bill Moyers’ Journal.” He was formerly the head of corporate communications before he resigned his position, a post he calls “the ultimate PR job.” He says he was not forced to leave the company, and was extremely well compensated for his duties. He left after realizing that the health care industry is using underhanded and hurtful tactics to undermine the drive towards health care reform. He never went to his bosses with his observations because, he says, “for most of the time I was there, I felt that what we were doing was the right thing. And that I was playing on a team that was honorable. I just didn’t really get it all that much until toward the end of my tenure at Cigna.”
Health Care Expo Changed His Perceptions - In June 2007, Potter recalls, his perceptions were drastically changed by his visit to a health care exposition in Wise, Virginia (see June 2007).
Changing Plans - The industry shifted from selling primarily managed care plans, he says, to what they call “consumer-driven plans.” Despite the name, they are health care plans with high deductibles and limited coverage.
'Highlight Horror Stories' - Moyers shows Potter a copy of an “action plan” devised by America’s Health Insurance Plans (AHIP), the industry’s trade association. In large gold letters, the plan tells lobbyists and industry representatives to “Highlight horror stories of government-run systems.” Potter says that AHIP and other industry representatives try to paint government-run health care as socialism, and as inevitable failures. “The industry has always tried to make Americans think that government-run systems are the worst thing that could possibly happen to them,” he says, “that if you even consider that, you’re heading down on the slippery slope towards socialism. So they have used scare tactics for years and years and years, to keep that from happening. If there were a broader program like our Medicare program, it could potentially reduce the profits of these big companies. So that is their biggest concern.” Moyers also notes that the AHIP plan targets the film Sicko, a 2007 documentary by leftist filmmaker Michael Moore that portrayed America’s health care industry in a dismal light. AHIP’s action plan is to “Position Sicko as a threat to Democrats’ larger agenda.” Potter says that was an effort to discredit the film by using lobbyists and AHIP staffers “to go onto Capitol Hill and say, ‘Look, you don’t want to believe this movie. You don’t want to talk about it. You don’t want to endorse it. And if you do, we can make things tough for you.’” If they did, AHIP would retaliate by running negative ads against the lawmakers in their home districts or other electoral punishments. AHIP focused strongly on the conservative Democratic Leadership Council. Another tactic, as delineated in the memo: “Message to Democratic insiders. Embracing Moore is one-way ticket back to minority party status.” Moyers says that AHIP attempted to “radicalize” Moore and portray him as an extremist who could not be believed. Many politicians used AHIP talking points in discussing Moore and his film. “So your plan worked,” Moyers observes. Potter agrees: “It worked beautifully.” The lesson that was lost from Moore’s film, Potter says, was that Americans “shouldn’t fear government involvement in our health care system. That there is an appropriate role for government, and it’s been proven in the countries that were in that movie.”
Conservative Counter-Strategy - Moyers then displays a memo from Republican strategist Frank Luntz, who in the spring of 2009 wrote a strategy memo for health care reform opponents. The memo reads in part: “First, you have to pretend to support it. Then use phrases like, ‘government takeover,’ ‘delayed care is denied care,’ ‘consequences of rationing,’ ‘bureaucrats, not doctors prescribing medicine.’” He then shows film clips of House Minority Leader John Boehner (R-OH), Senate Minority Leader Mitch McConnell (R-KY), Senator Jon Kyl (R-AZ), and others using Luntz’s talking points in discussions on the floors of Congress. Potter says that many conservatives—Democrats as well as Republicans—“are ideologically aligned with the industry. They want to believe that the free market system can and should work in this country, like it does in other industries. So they don’t understand from an insider’s perspective like I have, what that actually means, and the consequences of that to Americans. They parrot those comments, without really realizing what the real situation is.” He notes that Representative Zach Wamp (R-TN), who grew up very near Potter’s childhood home in Chattanooga, told reporters that half of America’s uninsured don’t want health care, they would rather “go naked and just take the chance of getting sick. They end up in the emergency room costing you and me a whole lot more money.” Potter notes that the word “naked” is an industry term for people who choose not to buy health insurance. He calls Wamp’s comment “ridiculous” and “an example of a member of Congress buying what the insurance industry is peddling.” Moyers cites conservative Democrat Max Baucus, the chairman of the Senate Finance Committee, as another politician central to the health care reform process who is heavily influenced by corporate lobbyists—two of whom used to work on his own Senate staff. Potter says: “[I]t does offend me, that the vested special interests, who are so profitable and so powerful, are able to influence public policy in the way that they have, and the way that they’ve done over the years. And the insurance industry has been one of the most successful, in beating back any kinds of legislation that would hinder or affect the profitability of the companies.”
Fierce Opposition to Public Option - The “public option,” the idea that the government would extend a non-profit, government-run health care alternative for citizens, is fiercely opposed by the health care industry. Potter says the reason why is “[t]he industry doesn’t want to have any competitor. In fact, over the course of the last few years, has been shrinking the number of competitors through a lot of acquisitions and mergers. So first of all, they don’t want any more competition period. They certainly don’t want it from a government plan that might be operating more efficiently than they are, that they operate.” Government programs such as Medicare and the Veterans Administration’s medical providers are far more efficient than private, for-profit health care providers, and the industry fears that having to compete with such a program will slash their profits. Medical companies will do whatever it takes to keep their profit margins—and shareholder returns—above a certain threshold. They will deny more claims, kick more people off their rolls, purge employer accounts, whatever it takes. Potter, evidently bemused, says, “You know, I’ve been around a long time. And I have to say, I just don’t get this. I just don’t understand how the corporations can oppose a plan that gives the unhealthy people a chance to be covered. And they don’t want to do it themselves.… I’m a capitalist as well. I think it’s a wonderful thing that companies can make a profit. But when you do it in such a way that you are creating a situation in which these companies are adding to the number of people who are uninsured and creating a problem of the underinsured then that’s when we have a problem with it, or at least I do.” A public option would help “keep [health care corporations] honest,” he says, and they would inevitably lose profits.
Predictions - Right now the industry is primarily involved in what Potter calls a “charm offensive,” where it is attempting to give the perception that it, too, is for health care reform. But once Congress begins putting out specific legislative language, the industry and its flacks will begin attacking specific provisions. Moyers says the upshot is for the industry to either “kill reform” or prevent lawmakers from agreeing on a bill, just like what happened in 1993-94 under the Clinton administration. No matter what they say—favoring the elimination of pre-existing condition restrictions, for example—the industry will adamantly oppose reform of any kind. “They don’t want a public plan,” Potter says. “They want all the uninsured to have to be enrolled in a private insurance plan. They want—they see those 50 million people as potentially 50 million new customers. So they’re in favor of that. They see this as a way to essentially lock them into the system, and ensure their profitability in the future. The strategy is as it was in 1993 and ‘94, to conduct this charm offensive on the surface. But behind the scenes, to use front groups and third-party advocates and ideological allies. And those on Capitol Hill who are aligned with them, philosophically, to do the dirty work. To demean and scare people about a government-run plan, try to make people not even remember that Medicare, their Medicare program, is a government-run plan that has operated a lot more efficiently.… [T]hey want to scare you into thinking that through the anecdotes they tell you, that any government-run system, particularly those in Canada, and UK, and France that the people are very unhappy. And that these people will have to wait in long lines to get care, or wait a long time to get care. I’d like to take them down to Wise County. I’d like the president to come down to Wise County, and see some real lines of Americans, standing in line to get their care. (PBS 7/10/2009)

Rachel Maddow and Pat Buchanan, during their discussion of Sonia Sotomayor’s nomination to the Supreme Court.Rachel Maddow and Pat Buchanan, during their discussion of Sonia Sotomayor’s nomination to the Supreme Court. [Source: MSNBC / Crooks and Liars]As the Senate readies to vote for or against Judge Sonia Sotomayor for the Supreme Court (see August 6, 2009), conservative commentator and author Pat Buchanan attempts to explain why he feels Sotomayor should not be confirmed.
Affirmative Action Accusation - Buchanan, interviewed by MSNBC’s progressive host Rachel Maddow, has accused Sotomayor of being an “affirmative action” selection for the bench (see May 28, 2009, May 31, 2009, June 12, 2009, and June 20, 2009) who uses her position to “discriminate against white males.” As evidence of his claim, he says: “I do believe she’s an affirmative action appointment by the president of the United States. He eliminated everyone but four women and then he picked the Hispanic.” Maddow asks him to define affirmative action, and Buchanan replies, “Affirmative action is to increase diversity by discriminating against white males.” After citing four court cases, he adds: “[A]ffirmative action is basically reverse discrimination against white males and it’s as wrong as discrimination against black females and Hispanics and others. And that’s why I oppose it.”
White People Built America, Buchanan Says - In her turn, Maddow asks, “Why do you think is that of the 110 Supreme Court justices we’ve had in this country, 108 of them have been white?” to which Buchanan responds: “Well, I think white men were 100 percent of the people that wrote the Constitution, 100 percent of the people that signed the Declaration of Independence, 100 percent of people who died at Gettysburg and Vicksburg. Probably close to 100 percent of the people who died at Normandy. This has been a country built basically by white folks in this country who are 90 percent of the entire nation—in 1960, when I was growing up, Rachel—and the other 10 percent were African-American who had been discriminated against. That’s why.” Maddow asks if he believes “there are 108 of 110 white Supreme Court justices because white people essentially deserve to have 99.5 percent of those positions? That there’s nothing—that doesn’t reflect any sort of barrier to those positions by people who aren’t white. You think that’s what they’ve—you think that’s just purely on the basis of what white people have deserved to get?”
Back to Affirmative Action - Buchanan shifts his argument and asserts that the Supreme Court should have the nine finest legal minds and scholars, regardless of race or gender. “But this one doesn’t have that. She was appointed because she’s a Latina, a Hispanic, and a woman.” Maddow counters with Sotomayor’s extensive experience, saying: “She is also the judicial nominee who has more judging experience than any judge has gone up in, say, in the past, I don’t know, what is it, 70 years? She has been an appellate court judge of some distinction for a lot longer than [Chief Justice John] Roberts was, [Justice Samuel] Alito was. I mean, it’s not like she was—she was picked out… she was like picked out of the minor leagues and brought up here, Pat.” Buchanan returns to his affirmative action argument, noting that Sotomayor agreed that she was granted admission to Princeton University because of the program. Buchanan goes farther, accusing her of receiving preferential treatment for all of her accomplishments, including her stint on the Yale Law Review and her appointment to the federal bench. Maddow, battling through Buchanan’s attempts to interrupt her, defends the affirmative action program, saying: “[W]hat our country needs is to be able to choose from the largest possible pool of talent in order to be able to pick the people who are going to have to function at the highest levels so that our country can compete and our country to do all the hard things we need do, I would hope that you would see that picking 108 out of 110 white justices… to the Supreme Court means that other people aren’t actually being appropriately considered. And the reason that you have affirmative action is that you recognize that the fact that people were discriminated against for hundreds of years in this country means that you sort of gained the system, unless you give other people a leg up.” She continues, “But, Pat, for you to argue that there’s no basis on which the United States benefits… from having Hispanics be among the people who we choose the best and brightest from defies belief.… The idea that you think we’ll best serve by only choosing among 99.9 percent white people.… [W]hen I look at the United States Supreme Court and I see 108 out of 110 white people, I see 108 out of 110 men. I’m—I don’t look at that and think, ‘God, white guys are naturally better at this type of work than other people who aren’t getting these jobs.’ I don’t think that way.… I want to hear you—I would love to hear your answer as to whether or not you think that is what explains it, too. Because, I think, what the more obvious explanation is, is that you have to be a white guy in order to get considered for these jobs and has been true since the dawn of time in this country.… That’s starting to break up now so that we can tap a bigger pool of talent. You should be happy about that for your country, Pat.” Buchanan counters that whites “are victims of this evil affirmative action policy which says in effect that everybody’s covered by the 14th Amendment and the civil rights laws unless you’re a white male and your parents and ancestors came from Europe. Then we can discriminate against you. That’s what I am against.”
Stirring 'Up Racial Animus' - Countering Buchanan’s accusations of reverse racism, Maddow says: “Pat, I couldn’t disagree with you more. I tribute—I credit you sticking to your gun. I think you’re absolutely wrong about this and I think that by advocating that the Republican Party try to stir up racial animus among white voters.… You’re dating yourself.” Buchanan says that the government should “defend the legitimate rights of white working-class folks who are the victims of discrimination, because that’s the right thing to do and because it’s the politically right thing to do.” Maddow concludes: “A lot of things divide us, Pat. Race is one of those. But there’s a lot of other ways in which we just gratify as a country, and for you to privilege race and say that what we really need to make sure we tap, politically, is white people’s racial grievances, you’re playing with fire and you’re dating yourself. You’re living in the 1950s, Pat.” (MSNBC 7/17/2009)

Republicans intend to use the fight over health care reform to “break” President Obama, says at least one Republican senator. Jim DeMint (R-SC) joins other Republican lawmakers in a conference call with so-called “tea party” organizers (see April 14, 2009, April 15, 2009, May 29, 2009, August 4, 2009, August 5, 2009, and Before August 6, 2009) to plan how to use town hall confrontations with Democratic lawmakers to help stall any health care reform bill from being voted on in Congress until at least after the August recess. The call was organized by the lobbying organization Conservatives for Patients Rights (CPR). “I can almost guarantee you this thing won’t pass before August, and if we can hold it back until we go home for a month’s break in August,” members of Congress will hear from “outraged” constituents, DeMint says. “Senators and Congressmen will come back in September afraid to vote against the American people.… [T]his health care issue is D-Day for freedom in America. If we’re able to stop Obama on this it will be his Waterloo. It will break him.” One of the talking points from CPR is to characterize the reform package as a “government takeover” of health care. (Smith 7/17/2009) When Obama says on PBS that “[w]hat they [DeMint and other Republicans] don’t recognize is, this isn’t about me; it’s about the American people… [a]nd things have gotten worse since 1993,” DeMint takes to Fox News to say the argument is about “socialism versus freedom,” and challenge Obama to a debate. “So, I’m glad to have the debate with him,” DeMint says, “but frankly, I’ve been working on health care for over 10 years. I think I know a lot more about how it works than he does. So I’m ready.” (Corley 7/22/2009)

Author Jerome Corsi, who has made a number of disproven and debunked claims concerning President Obama’s citizenship (see August 1, 2008 and After, August 15, 2008, October 8, 2008, and October 9, 2008), now claims that he has “proof” Obama’s attendance and exemplary performance at Harvard Law School were engineered by a Saudi prince through the auspices of an African-American Muslim radical. He points to Obama’s decision not to release his college transcripts as circumstantial evidence (see September 11, 2008), saying that decision “prevents resolution of a continuing controversy over whether radical Islamic influences promoted his admission and financed his legal education there.” The “continuing controversy” centers on a lawyer named Percy Sutton, who claims that Islamic radical Khalid Abdullah Tariq al-Mansour, “one of the world’s wealthiest men,” asked him to write a letter of recommendation to Harvard Law School for then relatively unknown Barack Obama. Sutton says al-Mansour, a Saudi citizen, introduced him to Obama, and says al-Mansour was raising money for Obama to attend Harvard. Sutton says al-Mansour was a “principal adviser” to Saudi Prince Alwaleed bin Talal, who, Sutton says, actually engineered Obama’s acceptance to Harvard. According to Sutton, he was told in a letter from al-Mansour: “There’s a young man that has applied to Harvard. I know that you have a few friends left there because you used to go up there to speak. Would you please write a letter in support of him?” Sutton says he did write the letter, and told friends at Harvard, “I thought there was going to be a genius that was going to be available and I certainly hoped they would treat him kindly.” The Obama campaign denied the story during the 2008 presidential campaign. Sutton, who is in his 80s and apparently suffers from some sort of senile dementia or memory loss that precludes him being contacted by Corsi or other members of the press, has made his allegations in a YouTube video that Corsi cites as his “proof.” In 2008, Politico reporter Ben Smith contacted al-Mansour, who confirmed Sutton was “a dear friend, his health is not good” and said he’s sure Sutton wrote a letter for someone else, “and he got it confused.” Corsi has requested that the White House release all of Obama’s law school records to “resolve the issue.” Al-Mansour, Corsi claims, was originally Don Warden, a member of the 1960s Black Panthers. (Corsi 7/21/2009)

Reporter and columnist Philip Klein, writing for the conservative American Spectator, lambasts conservative talk show host Rush Limbaugh for giving the “birther” conspiracy theory his support. Klein says he has refrained from writing about it up until now, “because I don’t want to give those who claim [President Obama] is not a US citizen the attention they so desperately seek. I don’t even want to describe the matter as a ‘controversy,’ because to do so suggests that there is a serious dispute over Obama’s place of birth. To any sane human being, there is no controversy. Obama has produced an authentic certificate of live birth from the state of Hawaii that clearly shows he was born on August 4, 1961, in Honolulu, Hawaii, at 7:24 p.m. (see June 13, 2008). State officials have confirmed the document as legitimate (see October 30, 2008) and have stated that such facts would have to be verified by the state before they appear on the document. And if that isn’t enough, the fact is corroborated by a contemporaneous newspaper birth announcement” (see July 2008). Klein writes that instead of questioning Obama’s citizenship and demanding that he produce a “real” birth certificate, “Limbaugh should be using his perch to explain why this story is complete nonsense. Doing so would help to keep these citizenship conspiracy theorists in the fringe, where they belong. Instead, he’s just encouraging them. I’ve lost a ton of respect for Limbaugh this week.” Klein goes on to denounce Representative Bill Posey (R-FL), who with nine other Republican House members has sponsored a bill requiring presidential candidates to produce “official” birth certificates. All 10 “should be embarrassed,” he writes. It would be pointless for Obama to try to settle the issue by releasing a different version of the certificate, Klein writes, because “it would obviously not put the issue to rest… the conspiracy theorists have demonstrated that they do not care about facts.” Secondly, “there’s absolutely no reason for Obama to cave into these people. Doing so would set a standard in the future so that people can start whatever insane rumors they want about an elected official, and then the burden is on the official to dispute them. It’s no different than those calling for an investigation of whether 9/11 was an inside job.” (Klein 7/22/2009)

Conservative radio host Glenn Beck accuses the Obama administration of colluding with ACORN (the Association of Community Organizations for Reform Now) and SEIU (the Service Employees International Union) to construct a “modern-day slave state” in the US. Beck tells his listeners: “So, now, inside the health care bill is an organization where your tax dollars are going to go to go find information out about minority health. It creates a group of slaves to the government—a group of people working for the government—most likely minorities, working for the government, under the auspices of community organizers, going door to door to find out information about people’s health. This is a modern-day slave state that is being created.” (Media Matters 7/23/2009)

Conservatives for Patients’ Rights (CPR), an anti-health care reform lobbying organization owned by former health care industry executive Rick Scott (see August 4, 2009), sends an e-mail to a listserv called the Tea Party Patriots Health Care Reform Committee detailing over 100 “town hall” meetings to take place during the August recess. All are to be hosted by Democratic members of Congress, and most will feature discussions of the White House/Congressional Democrats’ health care reform proposals. (Beutler 8/3/2009) The Tea Party Patriots Health Care Reform Committee has hundreds of members on its mailing list, and cross-connects to other, larger mailing lists for anti-reform groups such as Conservatives for Patients Rights (CPR), Patients First, Patients United Now (an affiliate of Americans for Prosperity), and FreedomWorks (see April 14, 2009). CPR features the same list of town hall meetings on its own Web site. The liberal news site TPMDC notes that the same listservs have featured blatantly racist messages such as pictures of President Obama with a bone through his nose (see July 28, 2009). (Conservatives for Patients' Rights 7/2009; Beutler 8/3/2009)

Anti-health care reform protesters displays sign with swastika prominently featured.Anti-health care reform protesters displays sign with swastika prominently featured. [Source: Paul Rhea]The Democratic National Committee and several national and local unions stage a rally in Austin, Texas, to support the White House’s health care reform proposals. Anti-health care protesters also appear, one of whom carries a sign with a Nazi symbol prominently displayed. The sign warns that anti-reform advocates want “no repeats” of Nazi Germany, apparently in reference to the reform proposals. (TX 912 Candidates 8/5/2009; Philip Martin 8/6/2009)

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