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Context of 'December 5-12, 2008: Missing Ballots Affect US Senate Recount in Minnesota'

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

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

Timeline Tags: Domestic Propaganda

Shawn Parry-Giles.Shawn Parry-Giles. [Source: University of Maryland]Communications professor Shawn Parry-Giles says that she hears echoes of the rhetoric of former Vice President Spiro Agnew in Defense Secretary Donald Rumsfeld’s speeches about Iraq (see 1969-1971). Parry-Giles says: “Spiro T. Agnew’s resignation is often lost in the turmoil surrounding the painful events of Watergate (see October 10, 1973). Yet his campaign against the US news media during the Vietnam War still resonates, especially among those who covered the war. In a recent press conference… Rumsfeld emphasized all the good that has come from the US efforts in that war torn country. In listening to his press conference, I heard echoes of… Agnew’s famous line: ‘In the United States today, we have more than our share of the nattering nabobs of negativism.’ If the war in Iraq continues on its current trajectory, we might expect the spirit of Agnew to rise once again, as the Bush administration reminds the US news media and the [D]emocratic presidential candidates that in times of international conflict, we are to remain unified.” [University of Maryland Newsdesk, 10/6/2003]

Entity Tags: Spiro T. Agnew, Donald Rumsfeld, Shawn Parry-Giles, Bush administration (43)

Timeline Tags: Iraq under US Occupation, Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

Six lawyers and two analysts at the US Department of Justice (DOJ) conclude, in a classified memo, that the controversial Texas Congressional redistricting plan headed by Representative Tom DeLay (R-TX—see 2002-2004) is illegal. The memo states that the plan violates the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989) by illegally diluting African-American and Hispanic voting power in two Congressional districts. The plan also eliminated several other districts that contained substantial minority voting blocs. Texas Republicans knew the plan would likely be found to be discriminatory, the lawyers write in the memo. The memo says that the Texas legislature went ahead with the plan anyway because it would maximize the number of Republicans the state would send to Congress. The memo concludes, “The State of Texas has not met its burden in showing that the proposed Congressional redistricting plan does not have a discriminatory effect.” A concurring opinion written by one of the DOJ lawyers finds: “This result quite plainly indicates a reduction in minority voting strength. The state’s argument that it has increased minority voting strength… simply does not stand up under careful analysis.”
DeLay, Aide Ignored Concerns about Voting Rights Discrimination - One of the senior aides to DeLay, James W. Ellis, is cited in the memo as pushing for the plan despite fears that the DOJ would reject it. According to the memo, Ellis and other DeLay aides forced the adoption of the plan over two other versions adopted by the Texas Legislature that would not have raised as many concerns about voting rights discrimination. The memo quotes Ellis in an October 2003 memo writing: “We need our map, which has been researched and vetted for months. The pre-clearance and political risks are the delegation’s and we are willing to assume those risks, but only with our map.” Later testimony will show that DeLay and Ellis forced last-minute changes in the map; DeLay attended many of the meetings that produced the map, and Ellis worked through the state’s lieutenant governor and a state senator to shepherd the changes that he and DeLay desired. The final changes were not necessary, the memo finds, except to advance partisan political goals.
Findings Overruled - Regardless of the findings, the lawyers and analysts’ judgment is overruled by senior officials at the DOJ, all appointed by the Bush administration. The DOJ’s civil rights division will affirm the plan as legal and valid. The memo is kept secret for almost two years, and the lawyers and analysts involved in the case, including the authors of the memo, are bound to silence under an unusual gag rule. The DOJ is under no legal burden to accept the findings of the memo, but historically, such findings are given great weight in DOJ rulings. Former Justice Department lawyer Mark Posner later says that it is “highly unusual” for the DOJ to overrule a unanimous finding such as this one: “In this kind of situation, where everybody agrees at least on the staff level… that is a very, very strong case. The fact that everybody agreed that there were reductions in minority voting strength, and that they were significant, raises a lot of questions as to why it was” approved. [US Department of Justice, 12/12/2003 pdf file; Washington Post, 12/2/2005] In December 2005, the Washington Post will reveal the existence of the memo (see December 2, 2005). Days after the Post article, Posner will write an article for the prestigious legal Web site FindLaw that will opine that the DOJ memo was ignored for partisan political reasons, and not because of honest differences of opinion between legal experts (see December 5, 2005).

Entity Tags: Texas State Legislature, Civil Rights Division (DOJ), Mark Posner, Voting Rights Act of 1965, James W. Ellis, US Department of Justice, Washington Post, Tom DeLay

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties, 2004 Elections

Police photo of Tom DeLay, after his 2005 indictment on election fraud charges.Police photo of Tom DeLay, after his 2005 indictment on election fraud charges. [Source: Mug Shot Alley]The co-founder and editor of the American Prospect, Robert Kuttner, subjects the 2002 House of Representatives to scrutiny, and concludes that under the rule of House Majority Leader Tom DeLay (R-TX), it is well on its way to becoming what he calls a “dictatorship.” Kuttner writes that such authoritarian rule in “the people’s chamber” of Congress puts the US “at risk of becoming an autocracy.” He explains: “First, Republican parliamentary gimmickry has emasculated legislative opposition in the House of Representatives (the Senate has other problems). [DeLay] has both intimidated moderate Republicans and reduced the minority party to window dressing.… Second, electoral rules have been rigged to make it increasingly difficult for the incumbent party to be ejected by the voters, absent a Depression-scale disaster, Watergate-class scandal, or Teddy Roosevelt-style ruling party split.… Third, the federal courts, which have slowed some executive branch efforts to destroy liberties, will be a complete rubber stamp if the right wins one more presidential election. Taken together, these several forces could well enable the Republicans to become the permanent party of autocratic government for at least a generation.” Kuttner elaborates on his rather sweeping warnings.
Legislative Dictatorship - The House, and to a lesser extent the Senate, used to have what was called a “de facto four-party system”: liberal Democrats; Southern “Dixiecrats” who, while maintaining their membership as Democrats largely due to lingering resentment of Republicans dating back to the Civil War, often vote with Republicans; conservative Republicans; and moderate-to-liberal “gypsy moth” Republicans, who might vote with either party. Rarely did one of the four elements gain long-term control of the House. Because of what Kuttner calls “shifting coalitions and weak party discipline,” the majority party was relatively respectful of the minority, with the minority free to call witnesses in hearings and offer amendments to legislation. In the House, that is no longer true. While the House leadership began centralizing under House Speaker Jim Wright (D-TX) between 1987 and 1989, the real coalescence of power began under Speaker Newt Gingrich (R-GA) between 1995 and 1999. The process, Kuttner asserts, has radically accelerated under DeLay and Speaker Dennis Hastert (R-IL).
Centralized Legislation - Under current practices, even most Republicans do not, as a rule, write legislation—that comes from DeLay and Hastert. Drastic revisions to bills are often rammed through late in the evening, with little or no debate. The Republican leadership has classified legislation as “emergency” measures 57 percent of the time, allowing them to be voted on with as little as 30 minutes of debate. Kuttner writes, “On several measures, members literally did not know what they were voting for.” Legislation written and proposed by Democrats rarely gets to the floor for debate. Amendments to legislation is also constrained, almost always coming from Hastert and DeLay. “[V]irtually all major bills now come to the floor with rules prohibiting amendments.” DeLay enforces rigid party loyalty, threatening Republican members who resist voting for the leadership’s bills with loss of committee assignments and critical campaign funds, and in some circumstances with DeLay’s sponsoring primary opponents to unseat the uncooperative member in the next election.
Democrats Shut out of Conferences - In the House, so-called “conference committees,” where members work to reconcile House and Senate versions of legislation, have become in essence one-party affairs. Only Democrats who might support the Republican version of the bill are allowed to attend. The conference committee then sends a non-amendable bill to the floor for a final vote.
No Hearings - The general assumption is that House members debate bills, sometimes to exhaustion, on the chamber floor. No more. Before DeLay, bills were almost never written in conference committees. Now, major legislation is often written in conference committee; House members often never see the legislation until it has been written in final, non-amendable form by DeLay and his chosen colleagues.
Abuse of Appropriations - Appropriations, or funding of events authorized by legislation, are ripe for use and misuse by the one-party leadership. Many appropriations bills must pass in order for Congress or other entities of the government to continue functioning. While “earmarks”—“pork-barrel” appropriations for individual members’ pet projects and such—are nothing new, under Gingrich and later Hastert/DeLay, the use of earmarks has skyrocketed. Huge earmarks are now routinely attached to mandatory appropriations bills. DeLay has perfected a technique known as “catch and release.” On close pending votes, the House Republican Whip Organization, made up of dozens of regional whips, will target the small but critical number of Republicans who might oppose the legislation. Head counts are taken; as members register (and change) their votes, some are forced to vote against their consciences (or their constituents) and others are allowed to vote no. Kuttner writes, “Basically, Republican moderates are allowed to take turns voting against bills they either oppose on principle or know to be unpopular in their districts.” This allows the member to save at least some face with their constituents. Under Wright, Republican members such as then-Representative Dick Cheney (R-WY) were outraged when Wright held a vote open for 15 minutes after voting was to end; Cheney called it “the most arrogant, heavy-handed abuse of power I’ve ever seen in the 10 years that I’ve been here.” It is not unusual for DeLay to hold votes open for up to three hours to get recalcitrant members in line. [American Prospect, 2/1/2004] In 2006, author John Dean will note that when the Republicans took control of the House in 1999, there were 1,439 earmarks in that year’s legislation. By the end of 2005, “there were a staggering 13,998 earmarked expenses, costing $27.3 billion.” Dean will write, “Needless to say, there is nothing conservative in those fiscal actions but there is much that is authoritarian about the wanton spending by those Republicans.” [Dean, 2006]
Lack of Opposition - Kuttner notes that Congressional Democrats have not mounted a systematic, organized denunciation of the DeLay operation. Kuttner believes that many Democrats believe voters are uninterested in what they call “process issues,” and that voters will dismiss complaints as “inside baseball,” of little relevance to their lives. Worse, such complaints “make… us look weak,” as one senior House staffer says. Kuttner writes that many Democrats believe such complaints sound “like losers whining.”
Permanent Republican Majority - If DeLay and his confreres in the White House have their way, there will be, in essence, a permanent Republican majority in the House and hopefully in the Senate as well. Bill Clinton routinely practiced what he called bipartisan “triangulation,” building ad hoc coalitions of Democrats and Republicans to pass his legislative initiatives, and in the process weakening the Democratic leadership. Kuttner writes, “Bush’s presidency, by contrast, has produced a near parliamentary government, based on intense party discipline both within Congress and between Congress and the White House.” Republicans have been busy reworking the district maps of various key states to ensure that Republicans keep their majorities, concentrating perceived Democratic voters to have overwhelming majorities in a few districts, and leaving the Republicans holding smaller majorities in the rest. Both parties have been guilty of such “gerrymandering” in the past, but with DeLay’s recent “super-gerrymandering” of his home state of Texas, the Republican makeup of the Texas House delegation is all but assured. DeLay and other House Republicans are working to redistrict other states in similar fashions. As of the 2004 midterm elections, of the 435 House seats, only around 25 are considered effectively contestable—over 90 percent of the House seats are “safe.” Democrats would have to win a disproportionate, and unlikely, number of those “swing” seats to take back control of the House. Kuttner writes: “The country may be narrowly divided, but precious few citizens can make their votes for Congress count. A slender majority, defying gravity (and democracy), is producing not moderation but a shift to the extremes.”
Control of Voting - Kuttner cites the advent of electronic voting machines and the Help America Vote Act (HAVA) as two reasons why Republicans will continue to have advantages at the voting booth. The three biggest manufacturers of electronic voting machines have deep financial ties to the Republican Party, and have joined with Republicans in opposing a so-called “verifiable paper trail” that could prove miscounts and possible fraudulent results. HAVA, written in response to the 2000 Florida debacle, requires that voters show government-issued IDs to be allowed to vote, a provision that Kuttner says is ripe for use in Republican voter-intimidation schemes. Republicans “have a long and sordid history of ‘ballot security’ programs intended to intimidate minority voters by threatening them with criminal prosecution if their papers are not technically in order,” he writes. “Many civil rights groups see the new federal ID provision of HAVA as an invitation to more such harassment.” The only recourse that voters have to such harassment is to file complaints with the Department of Justice, which, under the aegis of Attorney General John Ashcroft, has discouraged investigation of such claims.
Compliant Court System - Increasingly, federal courts with Republican-appointed judges on the bench have worked closely with Republicans in Congress and the White House to issue rulings favorable to the ruling party. Kuttner notes that if President Bush is re-elected: “a Republican president will have controlled judicial appointments for 20 of the 28 years from 1981 to 2008. And Bush, in contrast to both his father and Clinton, is appointing increasingly extremist judges. By the end of a second term, he would likely have appointed at least three more Supreme Court justices in the mold of Antonin Scalia and Clarence Thomas, and locked in militantly conservative majorities in every federal appellate circuit.” The Supreme Court is already close to becoming “a partisan rubber stamp for contested elections,” Kuttner writes; several more justices in the mold of Justices Antonin Scalia (see September 26, 1986) and Clarence Thomas (see October 13, 1991) would, Kuttner writes, “narrow rights and liberties, including the rights of criminal suspects, the right to vote, disability rights, and sexual privacy and reproductive choice. It would countenance an unprecedented expansion of police powers, and a reversal of the protection of the rights of women, gays, and racial, religious, and ethnic minorities. [It would] overturn countless protections of the environment, workers and consumers, as well as weaken guarantees of the separation of church and state, privacy, and the right of states or Congress to regulate in the public interest.” [American Prospect, 2/1/2004]

Entity Tags: George W. Bush, Democratic Party, Dennis Hastert, Clarence Thomas, Antonin Scalia, Tom DeLay, Robert Kuttner, William Jefferson (“Bill”) Clinton, Republican Party, John Ashcroft, Richard (“Dick”) Cheney, House Republican Whip Organization, James C. (‘Jim’) Wright, Jr., John Dean, Newt Gingrich, Help America Vote Act

Timeline Tags: Civil Liberties

Sam Francis, a white supremacist and syndicated columnist (see September 1995), excoriates President Bush’s “pretense” of support for a constitutional amendment outlawing gay marriage. Bush, Francis writes, “fooled most conservatives once in 2000. What he is doing now is trying to fool them again.” Republicans will never force any such amendment through, Francis writes, nor do they truly wish to. “Why do conservatives propose them or endorse them?” he asks. “Republicans peddle this constant stream of amendments because they know very well they will never go anywhere, that they will never be called on to vote on them or work for them, and that in the meantime the grassroots constituents who demand them will be placated by the simple rhetoric that ‘endorses’ or supports them. Amending the Constitution to correct flaws conservative politicians are unwilling to confront in serious ways is a cheap and easy way to make everybody happy and make sure nothing is done.” Francis is staunchly in favor of such an amendment, writing: “In the case of homosexual ‘marriages,’ I have no problem in refusing to recognize them as real or legal. Persons of the same sex can no more marry each other than dogs and cats can become congressmen, but since the whole purpose of the movement for ‘gay marriage’ is to subvert cultural institutions and normalize the abnormal, there’s not much point in arguing about it. Either you get it and oppose ‘gay marriage’ or you don’t and support it.” Instead of trying and failing to amend the Constitution, Francis writes that Congress should use the Constitution to limit the powers of the federal courts and thereby “forbid the [Supreme] Court even to hear, much less rule on, let us say, cases involving the marriage of persons of the same sex. Or cases involving capital punishment. Or cases involving flag burning. Or cases involving whatever the Congress decides to forbid the Nameless Nine from spending their vast intellectual resources and spiritual energies upon. With a stroke of the Congressional pen, ‘judicial activism’ could be ended, and it could have been ended decades ago, had conservatives been at all serious about what they claim to be serious about. If Congress ever did use its powers to curtail judicial misrule, the judges would get the message, and those who didn’t would find themselves in trouble.” Francis’s columns are provided to a national audience by Creators Syndicate. [VDare (.com), 3/1/2004]

Entity Tags: Sam Francis, George W. Bush

Timeline Tags: Domestic Propaganda

The lobbying organization Citizens United (CU) runs a television advertisement featuring the father of a firefighter killed in the aftermath of the 9/11 attacks. The father, Jimmy Boyle, says in the ad: “On September 11, terrorists murdered nearly 3,000 Americans, including 346 firefighters, one of which was my son, Michael. I lost my son. I spoke to him that day. He went to work that morning, and he had died for a reason: because somebody hates America. And that day, George Bush became a leader, a war president.” CU is spending $100,000 to run the ad for a week in Ohio, Pennsylvania, West Virginia, Wisconsin, and Washington, DC. CU is led by Republican political operative David Bossie (see May 1998). [Washington Post, 5/11/2004; Media Matters, 5/11/2004]

Entity Tags: Michael Boyle, Citizens United, George W. Bush, Jimmy Boyle, David Bossie

Timeline Tags: Complete 911 Timeline, Civil Liberties, 2004 Elections

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

Entity Tags: US Supreme Court, Sam Francis

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Domestic Propaganda

CNN announces that conservative pundit Dinesh D’Souza is a new political analyst for the network. D’Souza became active in conservative politics and punditry as an editor of the Dartmouth Review in the early 1980s, where he authored and published numerous inflammatory articles reviling, among others, blacks, Jews, and gays (see 1981, March 15, 1982, October 1982, and 1983). From Dartmouth, D’Souza went to the White House, where he served as a senior domestic policy analyst in the Reagan administration. He has served as a fellow at the American Enterprise Institute and the Hoover Institution, and published a number of books, including 1995’s inflammatory The End of Racism, which progressive media watchdog organization Media Matters described as advancing the idea that “low-income black people are basically ‘pathological’ and that white racism really isn’t racism at all, just a logical response to this ‘pathology.’” D’Souza’s Web site “argues that the American obsession with race is fueled by a civil rights establishment that has a vested interest in perpetuating black dependency”; in a 1995 Wall Street Journal op-ed, he argued that “[t]he best way for African-Americans to save private sector affirmative action may be to repeal the Civil Rights Act of 1964.” Two African-American conservatives, Glenn Loury and Robert Woodson, resigned from AEI after the publication of The End of Racism and another racially objectionable book, The Bell Curve, by AEI fellow Charles Murray. [Media Matters, 6/8/2004]

Entity Tags: Dinesh D’Souza, CNN, American Enterprise Institute, Charles Murray, Glenn Loury, Dartmouth Review, Reagan administration, Media Matters, Hoover Institute, Robert Woodson

Timeline Tags: Domestic Propaganda

The conservative lobbying and advocacy group Citizens United (CU) attempts to rebut a 60 Minutes appearance by former President Bill Clinton by buying television time to accuse Clinton of leaving the US unprepared for the 9/11 attacks. Clinton appears on the CBS newsmagazine to discuss his upcoming autobiography, My Life. In the book, Clinton says that CU president David Bossie (see May 1998) helped to create the Whitewater scandal that plagued his second presidential term and led to his impeachment by the Republican-led House of Representatives. Bossie has published a book, Intelligence Failure, blaming the Clinton administration for leaving the country vulnerable to the 9/11 attacks. Bossie recently told an interviewer that he has been working on “uncovering the truth” about the Clinton administration for a decade. “I am going to make sure people remember the facts, not just what he wants people to remember,” he said. Bossie’s organization runs a commercial in several markets listing a number of terrorist attacks during Clinton’s two terms, and accusing Clinton of leaving the nation unprepared for the 9/11 assault. The CU refutation is just one of a number of conservative attacks on Clinton over his book, possibly because Clinton shows signs of being willing to join Democratic presidential candidate John Kerry (D-MA) on the campaign trail. A number of conservatives are advising the Kerry campaign to keep its distance from Clinton. [New York Times, 6/21/2004]

Entity Tags: Citizens United, CBS News, William Jefferson (“Bill”) Clinton, David Bossie, John Kerry

Timeline Tags: 2004 Elections

Fahrenheit 9/11 movie poster.
Fahrenheit 9/11 movie poster. [Source: Lions Gate Films]Fahrenheit 9/11, a film by well-known documentarian and author Michael Moore, is released in the US. Amongst other things, this film reveals connections between the Bush family and prominent Saudis including the bin Laden family. [New York Times, 5/6/2004; New York Times, 5/17/2004; Toronto Star, 6/13/2004] It reviews evidence the White House helped members of Osama bin Laden’s family and other Saudis fly out of the US in the days soon after 9/11. [New York Times, 5/17/2004; Toronto Star, 6/13/2004; New York Times, 6/18/2004; Los Angeles Times, 6/23/2004; Newsweek, 6/30/2004] It introduces to the mainstream damning footage of President Bush continuing with a photo-op for seven minutes (see (9:07 a.m.) September 11, 2001) after being told of the second plane hitting the WTC on 9/11. [New York Times, 6/18/2004; Washington Post, 6/19/2004; Los Angeles Times, 6/23/2004; Newsweek, 6/27/2004] Disney refused to let its Miramax division distribute the movie in the United States, supposedly because the film was thought too partisan. [New York Times, 5/6/2004; Guardian, 6/2/2004; Los Angeles Times, 6/11/2004; Agence France-Presse, 6/23/2004] The film won the top award at the prestigious Cannes Film Festival—the first documentary to do so in nearly 50 years. [BBC, 5/24/2004; Guardian, 5/24/2004; Agence France-Presse, 6/23/2004] It is generally very well received, with most US newspapers rating it favorably. [Agence France-Presse, 6/23/2004; Editor & Publisher, 6/27/2004] The film is an instant hit and is seen by tens of millions. [Associated Press, 6/27/2004; BBC, 6/28/2004; Associated Press, 6/28/2004; CBS News, 6/28/2004] There are some criticisms that it distorts certain facts, such as exaggerating the possible significance of Bush and bin Laden family connections, and gripes about a $1.4 billion number representing the money flowing from Saudi companies to the Bush family. However, the New York Times claims that the public record corroborates the film’s main assertions. [New York Times, 5/17/2004; New York Times, 6/18/2004; Newsweek, 6/30/2004] Shortly before the film’s release, the conservative organization Citizens United tried to block the film’s distribution (see June 27, 2004). The effort failed (see August 6, 2004).

Entity Tags: George W. Bush, Bin Laden Family, Michael Moore, Osama bin Laden, Citizens United, Walt Disney Company, Miramax

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Domestic Propaganda, 2004 Elections

David Bossie (see May 1998), the head of the conservative lobbying group Citizens United (CU), accuses liberal filmmaker Michael Moore of improper involvement in the presidential campaign of Senator John Kerry (D-MA). Moore and the production company Lions Gate have released a new documentary, Fahrenheit 9/11, that is highly critical of the Bush administration (see June 25, 2004). Bossie says the film’s commercials, airing on network and cable television, are little more than campaign commercials devised to attack President Bush and assist Kerry. One commercial shows Bush on the golf course, talking about terrorism. In the clip, Bush tells a group of reporters, “We must stop these terrorist killers,” then turns his back, hefts his golf club, and says, “Now watch this drive.” The New York Times writes that “[t]he scene is one of many featured in the film that paint the president as cavalier, cynical, and insincere in the war against terrorism.” Republicans have for the most part ignored the film until recently, when ads for the film began drawing what they consider unwarranted attention. Bossie says: “There’s only a very small percentage of Americans that are going to go and see this movie. A much larger number are going to be bombarded by these political ads run by Michael Moore, potentially all the way through the election.” CU has run ads supportive of Bush (see (May 11, 2004)). Bossie has filed a complaint with the Federal Election Commission (FEC) asking that agency to classify the film’s ads as political, and restrict their broadcast according to campaign finance law (see March 27, 2002 and December 10, 2003). The law says that if found to be political, the ads must not be aired within 30 days of the start of the Republican National Convention on August 30. Legal experts say the FEC is unlikely to rule on the complaint for months, and even if the agency finds the ads to be political, the film could qualify for an exemption from the restrictions for news and commentary. Tom Ortenberg of Lions Gate says, “If we are still running television ads [by July 30], we will make certain that they are in full compliance with any and all regulations.” If they must remove Bush from the ads to remain in compliance, Ortenberg says “we can market this film without him.” Ortenberg denies that the ads have any political agenda. [New York Times, 6/27/2004] After Lions Gate agrees not to show ads for the film after July 30, the FEC will dismiss the complaint (see August 6, 2004).

Entity Tags: Lions Gate, David Bossie, Citizens United, Federal Election Commission, John Kerry, New York Times, George W. Bush, Tom Ortenberg, Michael Moore

Timeline Tags: Civil Liberties, 2004 Elections

Wisconsin Right to Life logo.Wisconsin Right to Life logo. [Source: Dane101 (.com)]After the passage of the Bipartisan Campaign Reform Act of 2002 (BCRA—see March 27, 2002), also known as the McCain-Feingold law after its original sponsors, and the 2003 McConnell Supreme Court decision that upheld the law (see December 10, 2003), corporations and labor unions are prohibited from airing ads that attack candidates but avoid specific language that turns the ads from general commercials into “campaign” ads within 30 days of a primary election or 60 days of a federal election. Wisconsin Right to Life (WRTL) comes to anti-abortion and anti-campaign finance lawyer James Bopp Jr. (see November 1980 and After) with a dilemma. The WRTL wants to run ads attacking Senator Russ Feingold (D-WI), a powerful advocate of abortion rights, for his record of opposing President Bush’s judicial nominees. It intends to use the ads as campaign attack ads against Feingold, but skirt the BCRA’s restrictions by not specifically discouraging votes for him, thereby giving the appearance of “issue” ads and thusly not running afoul of the BCRA. Bopp is worried that the McConnell decision, just rendered, would make the Court reluctant to reverse itself so quickly. Bopp knows that the McConnell decision was in response to a broad challenge to the BCRA that argued the law was unconstitutional in all circumstances. Bopp decides to challenge the BCRA on behalf of the WRTL on narrower grounds—to argue that the specific application of the BCRA in this instance would violate the group’s First Amendment rights. He decides not to file a complaint with the Federal Election Commission (FEC) because of that agency’s notoriously slow response time, but instead files a preemptive challenge in court objecting to the BCRA’s ban on “issue advertisements” in the weeks before elections. Bopp is encouraged by the prospects of a court challenge that may wend its way to the Supreme Court, as the “swing” vote in McConnell was Justice Sandra Day O’Connor, who has been succeeded by the more conservative Samuel Alito (see October 31, 2005 - February 1, 2006). [New Yorker, 5/21/2012] Bopp will prove to be correct, as the Supreme Court will find in WRTL’s favor (see June 25, 2007).

Entity Tags: Russell D. Feingold, Federal Election Commission, Bipartisan Campaign Reform Act of 2002, George W. Bush, Samuel Alito, James Bopp, Jr, Wisconsin Right to Life, US Supreme Court, Sandra Day O’Connor

Timeline Tags: Civil Liberties, 2004 Elections

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

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

Timeline Tags: Civil Liberties, 2004 Elections

The DVD cover for ‘Celsius 41.11.’The DVD cover for ‘Celsius 41.11.’ [Source: Citizens United]The Federal Election Commission (FEC) refuses to allow the conservative lobbying and advocacy group Citizens United (CU) to advertise on television its upcoming film Celsius 41.11—The Temperature at Which the Brain Begins to Die, a documentary that the group intends as a refutation of the documentary Fahrenheit 9/11 (see June 25, 2004), a film by liberal documentarian Michael Moore that savaged the Bush administration’s handling of the 9/11 attacks. The FEC also refuses to allow CU to pay to run the film on television. The FEC bases its decision on the Bipartisan Campaign Reform Act of 2002 (McCain-Feingold—see March 27, 2002), and its restrictions on nonprofit groups such as CU using unregulated contributions to pay for “electioneering communications” to be shown within 60 days of a federal general election. CU would broadcast the film in late September, less than 60 days before the November 2 elections. CU argued, unsuccessfully, that it is a member of the news media and therefore can use a legal exemption provided for news, commentary, and editorial content. In a 4-0 vote, the FEC rejects the argument, saying that CU intends to buy air time instead of being paid to provide content, and that its primary function is as an advocacy group and not a film production organization. FEC vice chair Ellen L. Weintraub, one of the commission’s three Democrats, says: “You don’t want a situation where people are airing campaign commercials and they are exempt from commission rules because they are considered a media event. The danger is that the exemption swallows the rules.” CU president David Bossie (see May 1998) says he is “clearly disappointed” with the ruling, and adds, “They [the FEC] want to limit free speech, and that’s what this issue is about for us.” The company marketing Fahrenheit 9/11 was not allowed to run advertisements promoting the film within 60 days of the elections, and a CU complaint against that film was dismissed after its distributors promised not to air such advertisements (see August 6, 2004). CU has helped fund the publication of a book by Bossie attacking Democratic presidential candidate John Kerry (D-MA), and has released numerous documentaries attacking the Clinton administration and the United Nations. The current film contains some material attacking Kerry, though that material is not the primary focus of the film. Bossie says the group will attempt to show the film in theaters to paying audiences within a few weeks (see September 27-30, 2004). [New York Times, 9/9/2004; New York Times, 9/30/2004]

Entity Tags: Federal Election Commission, Bush administration (43), Bipartisan Campaign Reform Act of 2002, Citizens United, Clinton administration, John Kerry, Michael Moore, David Bossie, United Nations, Ellen L. Weintraub

Timeline Tags: Civil Liberties, Domestic Propaganda, 2004 Elections

The conservative lobbying and advocacy group Citizens United (CU) releases a documentary intended as a refutation of the popular documentary, Fahrenheit 9/11 (see June 25, 2004), a film by liberal documentarian Michael Moore that savaged the Bush administration’s handling of the 9/11 attacks. The CU film is entitled Celsius 41.11—The Temperature at Which the Brain Begins to Die. CU spent six weeks making the film, and is releasing it in small venues around the nation after the Federal Election Commission (FEC) denied the organization permission to broadcast it on television (see September 8, 2004). (In August, the FEC dismissed a complaint against Moore over Fahrenheit 9/11 filed by CU—see August 6, 2004.) The slogan for the movie is “The Truth Behind the Lies of Fahrenheit 9/11!” The movie was written and produced by Lionel Chetwynd, who has written and produced a number of Hollywood feature films and documentaries. Chetwynd, a vocal conservative, produced the September 2003 “docudrama” 9/11: Time of Crisis, which portrayed President Bush as a near-action hero during and after the 9/11 attacks, and took significant liberties with the actual events (see September 7, 2003). Of this film, Chetwynd says: “We could have gone wall to wall with red meat on this, but we purposely didn’t. The cheap shots may be entertaining in Moore’s film, but we wanted to make the intellectual case and go beyond lecturing to the converted.” New York Times reporter John Tierney describes the movie as overtly intellectual, sometimes appearing more as a PowerPoint presentation than a film made to appeal to a wider audience. It features a point-by-point defense of Bush’s actions during the 9/11 attacks, and features “politicians, journalists, and scholars discoursing on the legality of the Florida recount in 2000, the Clinton administration’s record on fighting terrorism, and the theory of American exceptionalism.” There are a few “red meat” moments, Tierney notes, including the juxtaposition of the Twin Towers burning as Moore says in a voiceover, “There is no terrorist threat.” It also includes a few slaps against Democratic presidential candidate John Kerry (D-MA), mostly in the form of a country song where the singer Larry Gatlin sings, “John boy, please tell us which way the wind’s blowing,” a reference to the Bush campaign’s attempt to portray Kerry as a “flip-flopper” who goes back and forth in his views on various issues. The Georgetown premiere of the movie attracts some 300 viewers, almost all Republicans, according to Tierney. The audience, according to Tierney, views the film as more “thoughtful and accurate” than Moore’s film, and unlikely to make anywhere near the profits the earlier film garnered. Chetwynd says he resisted the temptation to launch an all-out assault on Kerry “the way that Moore did with Bush.” Filmgoer Jerome Corsi, who has written a bestselling book attacking Kerry’s Vietnam record, praises the film, as does Debra Burlingame, whose brother was the pilot of the airplane that was flown into the Pentagon on the morning of September 11, 2001 (see 8:51 a.m.-8:54 a.m. September 11, 2001). Burlingame, a founder of a group of 9/11 victim relatives that supports Bush, says: “Michael Moore actually used footage of the Pentagon in flames as a sight gag. It was really hard to sit there in the theater listening to people laugh at that scene knowing my brother was on that plane. I wish more people would see this film instead.” [New York Times, 9/30/2004] In October, the Washington Post’s Philip Kennicott will dismiss the film as “generat[ing] heat but no new light,” calling it “sad in a sad sort of way… dull, lazy, and inconsistent,” and suffused with an “unabashed idolatry of the Great Leader (in this case, George W. Bush)” in the same way that Nazi propagandist Leni Riefenstahl made her documentaries (he wonders, “Has the conservative worldview really been reduced to a slavish worship of authority?”). Kennicott will ask if the film is an attempt to refute Moore’s documentary or an “overlong attack ad on John Kerry,” and concludes that the film is little more than a combination of “dreadful political advertisements and dreadful political talk shows.” [Washington Post, 10/22/2004] TV Guide’s Maitland McDonagh will call the film a “shrill, repetitive screed” obviously released just in time to influence the 2004 presidential election, and bearing “all the hallmarks of having been thrown together in a heated rush.” [TV Guide, 10/2004]

Entity Tags: Jerome Corsi, Debra Burlingame, Clinton administration, Citizens United, Bush administration (43), George W. Bush, Philip Kennicott, Lionel Chetwynd, Federal Election Commission, Larry Gatlin, Leni Riefenstahl, John Tierney (New York Times), Maitland McDonagh, John Kerry, Michael Moore

Timeline Tags: Civil Liberties, Domestic Propaganda, 2004 Elections

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

Entity Tags: Ben Johnson, Wangari Maathai, David Horowitz

Timeline Tags: Domestic Propaganda

The Republican Party provides Ohio election officials with lists of the people they have recruited to work as “challengers” on election day. According to a 1953 Ohio state law—which critics says is rooted in a blatantly racist 1886 statute that emerged after the Civil War—“challengers” are permitted to challenge the qualifications of voters who they suspect are not eligible to vote. [New York Times, 10/23/2004; Cincinnati Enquirer, 11/1/2004] Before a challenger can ask a poll worker to question a voter, it must first be shown that there is “reasonable” justification for doubting a voter’s qualifications. All eligible voters must be citizens, at least 18, a resident of the county and must have lived in Ohio for the previous 30 days. The Republicans’ list includes 3,600 challengers, many of whom will be working in the heavily Democratic urban neighborhoods of Cleveland, Dayton and other cities. For example 1,436 of the Republican challengers will be stationed in Cuyahoga County, which includes Cleveland, a Democratic stronghold. The Republicans claim that using challengers is necessary because the Democrats may have fraudulently registered thousands of ineligible voters. The Democrats enlist more than 2,000 recruits as challengers who they hope will protect legitimate voters from being denied their rights by their Republican counterparts. But in some of the most critical counties the Democrats will be grossly outnumbered. For Cuyahoga County, the Democrats will only have 300 challengers. [New York Times, 10/23/2004] Election officials are concerned about the huge number of challenges that are expected at the polls. “I’m not sure how we’re going to accomplish this,” says John Williams, deputy elections director in Hamilton County. “We’ve never had anything like this before.” Some fear that the challengers intend to reduce voter turnout. “Some observers worry the parties will indiscriminately challenge voters in heavily Democratic or Republican precincts as a strategy to discourage people from voting,” The Columbus Dispatch reports. [Columbus Dispatch, 10/23/2004]

Timeline Tags: Civil Liberties, 2004 Elections

In Cincinnati, Donald and Marian Spencer, elderly African American civil rights activists, go to federal district court to challenge the 1953 Ohio law that permits poll watchers to challenge voters (see 4:00 p.m., October 22, 2004). Critics of the law say it is rooted in a blatantly racist 1886 statute that emerged after the Civil War. The couple is supported in their case by the Democrats. The couple complains that most of the Republican challengers will be deployed in the heavily black precincts in the Cincinnati area in order to suppress minority voters. [Cincinnati Enquirer, 11/1/2004; Los Angeles Times, 11/2/2004] David Maume, a sociologist from the University of Cincinnati, testifies that demographic data show a disproportionate number of Republican challengers would be sent to precincts that are predominantly Africa-American. Maume further explains that perhaps as many as 77 percent of black voters would encounter a challenger on Election Day, compared with 25 percent of white voters. There is “a clear correlation between a voting population that is black and the placement of Republican challengers,” Maume concludes. [Plain Dealer (Cleveland), 10/31/2004] The court resumes hearing on the case Sunday evening (see Evening, October 31, 2004). [Los Angeles Times, 11/2/2004]

Entity Tags: Marian Spencer, David Maume, Donald Spencer

Timeline Tags: Civil Liberties, 2004 Elections

In a fax to US District Judge Susan Dlott, Assistant Attorney General R. Alexander Acosta, offers the Justice Department’s unsolicited opinion on a pre-election lawsuit that has been filed by Donald and Marian Spencer (see October 29, 2004), elderly African American civil rights activists, who claim that Republican plans to deploy thousands of partisan challengers to Ohio polls on election day violates the US Constitution and the 1965 Voting Rights because it targets black neighborhoods in Hamilton County. Copies of the fax are sent to Al Gerhardstein, who is representing the Spencers, and Ohio Attorney General Jim Petro. [Beacon Journal (Akron, OH), 10/31/2004; Plain Dealer (Cleveland), 10/31/2004] Acosta writes in his letter that civil rights lawyers for the Bush administration’s Justice Department see no reason why the plan would be illegal. “[N]othing in the Voting Rights Act facially condemns challenge statutes,” the letter claims. Bush’s Justice Department also argues that “[r]estricting the ability of citizens to make challenges when they have such information would undermine the ability of election officials to enforce their own state laws that govern the eligibility for voting.” [Plain Dealer (Cleveland), 10/31/2004; Beacon Journal (Akron, OH), 10/31/2004; Los Angeles Times, 11/1/2004] Gerhardstein says he believes the Justice Department may have breached legal rules by contacting the judge directly. “It is totally unusual, it is unprecedented for the Justice Department to offer its opinions on the merits of a case like that,” he tells the Cleveland Plain Dealer. “This is the civil rights division saying it is OK for voters to be ambushed when they reach for a ballot.” [Plain Dealer (Cleveland), 10/31/2004] Similarly, he tells the Los Angeles Times: “The Justice Department is not a party to the case. They have not filed a motion to intervene in the case or filed an amicus brief. They volunteered information that goes beyond any federal interest.” [Los Angeles Times, 11/1/2004]

Entity Tags: US Department of Justice, R. Alexander Acosta, Marian Spencer, Al Gerhardstein, Donald Spencer, Susan J. Dlott

Timeline Tags: Civil Liberties, 2004 Elections

Ohio Attorney General Jim Petro, a Republican, files a suit in the 6th US Circuit Court of Appeals asking for a stay of the court decisions in Akron (See Late October 2004) and Cincinnati (See Evening, October 31, 2004). Petro claims that the two federal judges, one of whom was appointed by George Bush in 2002, are “injecting themselves” into the presidential elections and rewriting Ohio’s election laws. [Plain Dealer (Cleveland), 11/2/2004] The court will grant the stay early the following morning (See 1:24 a.m., November 1, 2004).

Entity Tags: Jim Petro

Timeline Tags: Civil Liberties, 2004 Elections

In Cincinnati, Donald and Marian Spencer, go to federal district court to resume their challenge (see October 29, 2004) of a 1953 Ohio law that permits poll watchers to challenge voters (see 4:00 p.m., October 22, 2004). The couple contends that most of the Republican challengers will be working in the heavily black precincts in the Cincinnati area in order to suppress minority voters. The court decides early Monday morning (see 1:24 a.m., November 1, 2004). [Los Angeles Times, 11/2/2004]

Entity Tags: Marian Spencer, Donald Spencer

Timeline Tags: Civil Liberties, 2004 Elections

In Cincinnati, US District Judge Susan J. Dlott rules on a case brought by Donald and Marian Spencer (see Evening, October 31, 2004), in which the couple challenged the GOP’s plan to deploy challengers to polling sites in Hamilton County (see 4:00 p.m., October 22, 2004). Dlott, appointed by Clinton in 1994, rules against the Republican plan, noting that there is no need to have challengers since Ohio already requires the presence of election judges at precincts in order to avoid voter fraud. “Under Ohio law, each polling place is staffed by four election judges, no more than two of whom can be from a single party,” the Los Angeles Times explains. “One of the four is appointed by each county election board to be the presiding judge, who can rule on challenges to a voter’s qualifications.” Dlott warns in her 18-page decision that the Republican plan, if permitted, could cause “chaos, delay, intimidation and pandemonium inside the polls and in the lines outside the door.” She notes “that 14 percent of new voters in a majority white location will face a challenger… but 97 percent of new voters in a majority African American voting location will see such a challenger.” Dlott says also that the law permitting challengers does not sufficiently protect citizens’ fundamental right to vote. [Cincinnati Enquirer, 11/1/2004; Columbus Dispatch, 11/1/2004; Los Angeles Times, 11/2/2004; Cincinnati Enquirer, 11/2/2004] Dlott ruling is very similar to another one that is delivered a few hours later in a similar case in Akron (see Early Morning, November 1, 2004). Commenting on the two rulings, two election law experts, professor Edward Foley of Ohio State University Law School in Columbus and Richard L. Hasen of Loyola Law School in Los Angeles, both tell the Los Angeles Times that they consider it significant that the two judges have provided similar rationales for their rulings. “It is quite striking that the reasoning of both judges is the same and they echo one another,” Foley says. [Los Angeles Times, 11/2/2004]

Entity Tags: Susan J. Dlott, Marian Spencer, Richard L. Hasen, Edward Foley, Donald Spencer

Timeline Tags: Civil Liberties, 2004 Elections

The US 6th Circuit Court of Appeals overturns a ruling made by a federal district court the previous day (See Evening, October 31, 2004) which had barred Republicans from challenging voters at the polls (See 4:00 p.m., October 22, 2004). The appeals court is presided by three judges, two of which were appointed by Republican presidents—Judge John M. Rogers, who was appointed by President Bush in 2002, and Senior Judge James L. Ryan, who was appointed by President Reagan in 1985. Judge Rogers writes in the court’s decision: “Longer lines may, of course, result from delays and confusion when one side in a political controversy employs” challenges “more vigorously than in previous elections,” but “such a possibility does not amount to the severe burden upon the right to vote” that would justify a court order. Appeals Court Judge R. Guy Cole Jr., a 1995 appointee of President Clinton, disagrees. In his dissenting opinion, he says that under the Republican plan, “partisan challengers for the first time since the civil rights era seek to target precincts that have a majority African American population and without any legal standards or restrictions, challenge the voter qualifications of people as they stand waiting to exercise their fundamental right to vote.” He adds: “In this case, we anticipate the arrival of hundreds of Republican lawyers to challenge voter registration at the polls. Behind them will be hundreds of Democrat lawyers to challenge these challengers’ challenges. This is a recipe for confusion and chaos.” [Los Angeles Times, 11/2/2004]

Entity Tags: James L. Ryan, John M. Rogers, R. Guy Cole Jr.

Timeline Tags: Civil Liberties, 2004 Elections

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

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Domestic Propaganda

Jesse Lee Peterson, appearing on a Fox News broadcast.Jesse Lee Peterson, appearing on a Fox News broadcast. [Source: Think Progress]The Reverend Jesse Lee Peterson attacks the Reverend Jesse Jackson for participating in what he calls a liberal conspiracy to “keep black[s] on the plantation of the Democratic Party.” Jackson has caused a media stir by raising questions about the fairness of the voting process in the November presidential elections in Ohio (see October 29, 2004 and Evening, October 31, 2004). Jackson, Peterson says, is part of an organized liberal effort to “keep black Americans angry in order to keep them on the plantation of the Democratic Party.” Peterson also accuses liberals of being the real racists in America, calls allegations that blacks were disenfranchised in the 2000 elections “a lie” (see November 7, 2000, November 7, 2000, November 7, 2000, 11:30 a.m. November 7, 2000, and Early Afternoon, November 7, 2000), and falsely claims that Democratic presidential candidate John Kerry (D-MA) supported reparations for slavery during his campaign. Peterson makes his remarks during an appearance on Fox News’s Hannity & Colmes. Co-host Sean Hannity is a member of BOND’s advisory board, and is quoted on the BOND Web site as calling Peterson “a great American” and “a man of conscience.” The liberal media watchdog organization Media Matters notes that Peterson has often attacked Jackson. Peterson’s organization, the Brotherhood Organization of a New Destiny (BOND), has held a “National Day of Repudiation of Jesse Jackson” for the last five years. In an August 2000 article in the John Birch Society’s New American magazine, Peterson called Jackson a “problem profiteer… who makes millions by exploiting and exacerbating racial tensions.” He wrote a 2003 book entitled Scam: How the Black Leadership Exploits Black America, in which he attacked Jackson, the Reverend Al Sharpton, and other black civil rights leaders. Peterson and BOND have led a boycott of the National Association for the Advancement of Colored People (NAACP), claiming the organization is “a tool of the liberal elite socialist wing of the Democratic Party.” And he is currently suing Jackson for assault and civil rights violations [Media Matters, 11/30/2004] (the case will be settled out of court in 2006 after a jury dismisses all but one charge against Jackson and deadlocks on the remaining charge). [Judicial Watch, 1/27/2006]

Entity Tags: John Birch Society, Al Sharpton, Brotherhood Organization of a New Destiny, Jesse Lee Peterson, John Kerry, Sean Hannity, Jesse Jackson, Media Matters, National Association for the Advancement of Colored People

Timeline Tags: Domestic Propaganda, 2004 Elections

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

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Domestic Propaganda

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

Entity Tags: Alex Ben Lock, Fox News

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Domestic Propaganda

The US Senate Republican Policy Committee issues a report titled “Putting an End to Voter Fraud.” The report claims that voter fraud—individuals ineligible to vote casting illicit ballots—“continues to plague our nation’s federal elections, diluting and canceling out the lawful votes of the vast majority of Americans.” The report advises Congress to pass laws requiring “voters at the polls show photo identification.” [In These Times, 4/18/2007] A 2007 study by the Brennan Center for Justice will conclude that voters are more likely to be struck by lightning than to commit voter fraud (see 2007).

Entity Tags: US Senate Republican Policy Committee

Timeline Tags: Civil Liberties

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

Entity Tags: Lynne Cheney, Rush Limbaugh

Timeline Tags: Domestic Propaganda

John Tanner, the head of the civil rights division’s Voting Rights Section (VRS) in the Justice Department, writes a four-page letter to Nick A. Soulas, a civil prosecutor in Franklin County, Ohio. The letter is a notification that Tanner is ordering the closure of a VRS investigation into the unbalanced distribution of voting machines in Franklin County, which contains the large urban area of Columbus. Complaints had been filed alleging that districts with a predominance of white voters received a disparately larger number of voting machines than districts with a predominance of African-American voters. Although that disparity has been proven, Tanner writes that the disparity does not violate the Voting Rights Act (see August 6, 1965). The letter essentially defends the disparity, arguing that the use of such disparate numbers of machines is acceptable. It also praises the Franklin County Board of Elections for buying approximately 2,100 new voting machines. Sources, including a VRS staffer who left the section in late 2004, will later tell the citizen journalism project ePluribus Media (ePM) that many inside and outside the VRS found the letter “repugnant.” Moreover, they will tell the ePM researchers that the DOJ almost never writes such a letter: when it finishes an investigation it deems unworthy of pursuing, it merely sends a letter informing the involved parties that it is closing the investigation. For Tanner to write and send such a letter is highly unusual. And, Tanner’s is the only signature on the letter. No staff attorneys sign off on the letter. Sources will tell ePM that the lone signature apparently indicates that Tanner was the only person working the investigation. Section chiefs such as Tanner almost never handle investigations. ePM will say that the letter presents what it calls “convoluted excuses for why black voters didn’t have enough machines and white voters did.” [US Department of Justice, Civil Rights Division, 6/29/2005 pdf file; ePluribus Media, 5/7/2007]

Entity Tags: Nick A. Soulas, Civil Rights Division (DOJ), County of Franklin (Ohio), Franklin County Board of Elections (Ohio), John Tanner, Voting Rights Section (DOJ), ePluribus Media, Voting Rights Act of 1965

Timeline Tags: Civil Liberties

Right-wing commentators react to the sudden media presence of antiwar activist and bereaved mother Cindy Sheehan (see August 6, 2005 and After) with vitriolic criticism. (Author and media critic Frank Rich will later write of his belief that the anti-Sheehan campaign is orchestrated from the White House: “The attack was especially vicious because there was little the White House feared more than a critic who had more battle scars than a president or a vice president who had avoided Vietnam.”) Weekly Standard writer Fred Barnes tells Fox News viewers that Sheehan is a “crackpot.” Right-wing bloggers begin spreading lurid, and sometimes false, stories of her recent divorce and the opposition Sheehan receives from some of her family members. Because some of the Camp Casey protesters showed the recent Iraq documentary Fahrenheit 9/11 (see June 25, 2004), many right-wing commentators and pundits accuse Sheehan of being a tool of documentary filmmaker Michael Moore. Conservative pundit Michelle Malkin accuses Sheehan and other bereaved family members opposing the war of using their losses to promote their ideological agenda, and calls them “grief pimps.” The American Spectator says Sheehan’s own peace organization, Gold Star Families for Peace, “seeks to impeach George W. Bush and apparently to convince the US government to surrender to Muslim terrorists.” Talk-show host Rush Limbaugh makes the extraordinary claim that Sheehan is making up the entire story of her son’s death (see April 4, 2004), claiming that her loss “is nothing more than forged documents—there’s nothing about it that’s real.” Rich later notes that what he calls “the Swift Boating of Cindy Sheehan” has “failed, utterly.” He will continue: “The hope this time was that we’d change the subject to Cindy Sheehan’s ‘wacko’ rhetoric and the opportunistic left-wing groups that have attached themselves to her like barnacles. That way we would forget about her dead son. But if much of the 24/7 media has taken the bait, much of the public has not.… The public knows that what matters this time is Casey Sheehan’s story, not the mother who symbolizes it.” [Los Angeles Times, 8/11/2005; Washington Post, 8/13/2005; New York Times, 8/21/2005; Rich, 2006, pp. 194-195]

Entity Tags: Rush Limbaugh, Michelle Malkin, Gold Star Families for Peace, Frank Rich, Casey Sheehan, Bush administration (43), Michael Moore, “Camp Casey”, Fred Barnes, Cindy Sheehan

Timeline Tags: Iraq under US Occupation

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

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

Timeline Tags: Domestic Propaganda

Conservative radio host and former Secretary of Education William Bennett is castigated by both liberals and conservatives for his statement that aborting all black children would lower the US crime rate (see September 28-October 1, 2005). President Bush’s press secretary, Scott McClellan, tells reporters that Bush “believes the comments were not appropriate,” though he does not actually condemn Bennett’s words, as requested by House Minority Leader Nancy Pelosi (D-CA). Pelosi says: “What could possibly have possessed Secretary Bennett to say those words, especially at this time? What could he possibly have been thinking? This is what is so alarming about his words.” Senate Minority Leader Harry Reid (D-NV) says he is “appalled” by Bennett’s remarks. “The Republican Party has recently taken great pains to reach out to the African-American community, and I hope that they will be swift in condemning Mr. Bennett’s comments as nothing short of callous and ignorant,” he adds. Representative Bobby Rush (D-IL), an African-American, says, “This is precisely the kind of insensitive, hurtful, and ignorant rhetoric that Americans have grown tired of.” Rush asks “my friends, the responsible Republicans” to pass a House resolution condemning Bennett’s remarks as “outrageous racism of the most bigoted and ignorant kind.” He asks: “Where is the indignation from the GOP, as one of their prominent members talk about aborting an entire race of Americans as a way of ridding this country of crime? How ridiculous! How asinine! How insane can one be?” Instead, Rush calls for the “aborting” of Republican policies, “which have hurt the disadvantaged, the poor average Americans for the benefit of large corporations.” Bruce Gordon, president of the National Association for the Advancement of Colored People (NAACP), says Bennett and his employer, the Salem Radio Network, owe the nation an apology. “In 2005, there is no place for the kind of racist statement made by Bennett,” he says in a statement. “While the entire nation is trying to help survivors, black and white, to recover from the damage caused by Hurricanes Katrina and Rita, it is unconscionable for Bennett to make such ignorant and insensitive comments.” [CNN, 9/30/2005]
Ignorance, Stereotyping Blacks as Born Criminals - In a press release, Howard Dean, the chairman of the Democratic National Committee (DNC), says: “Are these the values of the Republican Party and its conservative allies? If not, President Bush, Ken Mehlman [Dean’s Republican counterpart], and the Republican Leadership should denounce them immediately as hateful, divisive, and worthy only of scorn. This kind of statement is hardly compassionate conservatism; rather, Bennett’s comments demonstrate a reprehensible racial insensitivity and ignorance. Bill Bennett’s hateful, inflammatory remarks regarding African Americans are simply inexcusable. They are particularly unacceptable from a leader in the conservative movement and former secretary of education, once charged with the well-being of every American school child. He should apologize immediately. As Americans, we should focus on the virtues that bring us together, not hatred that tears us apart and unjustly scapegoats fellow Americans.” [Democratic National Committee, 9/29/2005] Senator Patrick Leahy (D-VT), says: “I’m not even going to comment on something that disgusting. Really, I’m thinking of my black grandchild and I’m going to hold [off].” [ABC News, 9/29/2005] The Reverend Jesse Jackson, a former Democratic presidential candidate and former associate of civil rights leader Dr. Martin Luther King, says: “Republicans, Democrats, and all Americans of goodwill should denounce this statement, should distance themselves from Mr. Bennett. And the private sector should not support Mr. Bennett’s radio show or his comments on the air.” [Guardian, 10/1/2005]
Civil Rights Leader: Bennett's Show Should be Canceled - Wade Henderson, the executive director of the Leadership Conference on Civil Rights, says an apology is insufficient; Bennett’s radio program should be canceled. Referring to inaccurate news reports that blacks were responsible for a “crime wave” in New Orleans in the aftermath of Hurricane Katrina, Henderson says, “I think African-Americans are certainly tired of being stereotyped as being responsible for the majority of crime in American society when the facts simply don’t bear that assumption out.” [CBS News, 9/30/2005]

Entity Tags: Leadership Conference on Civil Rights, Harry Reid, George W. Bush, Bruce Gordon, Bobby Lee Rush, Howard Dean, Ken Mehlman, William J. Bennett, Jesse Jackson, Salem Radio Network, Patrick J. Leahy, Wade Henderson, National Association for the Advancement of Colored People, Nancy Pelosi, Scott McClellan

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Domestic Propaganda

Harriet Miers.Harriet Miers. [Source: Harpers.org]After President Bush successfully places conservative judge John Roberts as chief justice of the Supreme Court (see September 29, 2005), he names White House counsel and personal friend Harriet Miers to replace the retiring Sandra Day O’Connor on the Court.
Firestorm of Criticism - The media reacts adversely to this; Miers is said to be insufficiently qualified for the position and to have been chosen because of her loyalty to Bush. Her nomination is further derailed by opposition from hard-line conservatives, who do not believe she is conservative enough in her beliefs, particularly on abortion. Miers is certainly a weak choice from most viewpoints—she has no constitutional law experience and lacks a reputation as a strong legal thinker. She has never been a judge, nor even published an academic law journal article. Even conservative stalwart Robert Bork, who is still a center of controversy from his failed Court nomination (see July 1-October 23, 1987), calls Miers’s nomination “a disaster on every level.” When a letter Miers had written Bush for his birthday in 1997 is published in the media—in which Miers gushed over Bush in breathless, almost schoolgirlish prose, calling him “cool!” and “the best governor ever!”—the derision hits a fever pitch. When she submits a questionnaire to the Senate Judiciary Committee listing her background and qualifications for the job, a questionnaire almost devoid of pertinent and specific information, the ranking members of the committee threaten to have her do it over, a humiliation she avoids by withdrawing her name from consideration.
Trumped-Up Dispute over Executive Privilege - The Senate asks to see Miers’s White House memos to judge the quality of her legal work, and the White House refuses, citing executive privilege. Many view the dispute as a trumped-up conflict designed to allow the Bush administration to save what little face it can in the debacle; neoconservative columnist Charles Krauthammer had suggested engineering just such a “conflict” to stage “irreconcilable differences over documents” that would allow the Bush White House to withdraw Miers’s nomination over the issue.
Withdrawal - Miers indeed asks Bush to withdraw her nomination, and Bush cites the documents dispute in announcing the decision to pull Miers from consideration: “It is clear that senators would not be satisfied until they gained access to internal documents concerning advice provided during her tenure at the White House—disclosures that would undermine a president’s ability to receive candid counsel,” Bush says. “Harriet Miers’s decision demonstrates her deep respect for this essential aspect of the Constitutional separation of powers—and confirms my deep respect and admiration for her.” Bush settles on another nominee, Samuel Alito, to replace O’Connor (see October 31, 2005 - February 1, 2006). [Savage, 2007, pp. 262-266; Dean, 2007, pp. 155]
Staunch Advocate for Expanded Executive Power - In 2007, reporter and author Charlie Savage will write that, in his view, the Bush administration chose Miers for a simple reason: she is a staunch advocate for the continued expansion of presidential power. “Miers… could be counted on to embrace Bush’s expansive view of presidential powers,” he will write. Miers is quite loyal to Bush “and, through him, the institution he represented.” Miers’s adoration of Bush on a personal level would further guarantee her “solid support for any presidential claim of power that might come before the Court,” he will write. “Like Roberts before her, she was an executive branch lawyer who identified with the task of defending the prerogatives of the president.” On the questionnaire she submits to the Senate Judiciary Committee, Miers writes that as White House counsel, she has gained significant constitutional experience in “presidential prerogatives, the separation of powers, executive authority, and the constitutionality of proposed regulations and statutes.… My time serving in the White House, particularly as counsel to the president, has given me a fuller appreciation of the role of the separation of powers in maintaining our constitutional system. In that role, I have frequently dealt with matters concerning the nature and role of the executive power.” [Savage, 2007, pp. 265-267]

Entity Tags: US Supreme Court, John G. Roberts, Jr, Sandra Day O’Connor, Samuel Alito, Senate Judiciary Committee, Harriet E. Miers, Charlie Savage, George W. Bush, Bush administration (43), Charles Krauthammer, Robert Bork

Timeline Tags: Civil Liberties

Congressional Republicans jump-start the process to renew the 1965 Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989) in what media and political observers believe is an effort to outflank Democrats, who are traditionally the most staunch supporters of the bill. Key portions of the bill are set to expire in 2007, including Section 5, which requires that states, districts, and other locales with a history of racial discrimination in their electoral processes get Justice Department approval before making any changes to voting procedures. Section 5 is intended to ensure that minorities are not disenfranchised due to their race. Observers believe Republicans want to avoid a showdown over the bill in light of the upcoming midterm elections in 2006. In 1982, the Reagan administration fought Congressional Democrats over an expansion of the law, and Republicans want to make sure that scenario does not play itself out again as the midterm elections approach. Republicans also want to reach out to African-American voters, traditionally a strong Democratic voting bloc. Representative John Lewis (D-GA), a veteran of the civil rights struggle, says, “I’m not surprised at all” that Republicans want to renew the VRA and reach out to black voters. “The Republicans are reaching out to the African-American voters.… They want to make a dent with the black electorate, take some of those voters away from the Democratic side.” Lewis intends to insert language into the renewal bill that would invalidate a recent Georgia law requiring photo identification for prospective voters, a requirement he and many others say would discriminate against the poor and the elderly. Representative James Sensenbrenner (R-WI) broke with recent Republican tradition by calling on Congress to renew Section 5 and other portions of the VRA at the NAACP’s annual convention in July. “I am here to tell you publicly what I have told others privately, including the head of the Congressional Black Caucus, Rep. Mel Watt,” Sensenbrenner told the assemblage. “During this Congress we are going to extend the Voting Rights Act. We cannot let discriminatory practices of the past resurface to threaten future gains. The Voting Rights Act must continue to exist—and exist in its current form.” Sensenbrenner said at the convention that House Speaker Dennis Hastert (R-IL) considers renewal of the VRA “high on his list of issues the House will address this Congress.” A representative for Senate Majority Leader Bill Frist (R-TN) says Frist is “fired up” over renewal of Section 5. Only a few months ago, Bush appeals court nominee William Pryor, a Republican from Alabama, called Section 5 “an affront to federalism and an expensive burden that has far outlived its usefulness,” a controversial characterization that Senator Saxby Chambliss (R-GA) and other Republicans defended. In May, Attorney General Alberto Gonzales suggested that the Bush administration is not fully behind reauthorization of Section 5. Political observers say that Democrats intend to use any further Republican opposition to the VRA to claim that Republicans are insensitive to black voters, even as senior Republican strategists like Republican National Committee Chairman Ken Mehlman say they want the party to appeal to that demographic. Mehlman told the NAACP convention in July that Republican leaders had tried over the past 40 years “to benefit politically from racial polarization.” He then said, “We were wrong” to do so. [MSNBC, 10/4/2005]

Entity Tags: James Sensenbrenner, William Pryor, Bill Frist, Alberto R. Gonzales, Dennis Hastert, US Department of Justice, Voting Rights Act of 1965, Saxby Chambliss, John Lewis, Ken Mehlman, US Congress, Mel Watt, Bush administration (43), Reagan administration

Timeline Tags: Civil Liberties

President Bush, stung by the opposition from both left and right that derailed his nomination of Harriet Miers for the Supreme Court (see October 3-27, 2005), nominates appeals court judge Samuel Alito to the Court to replace the retiring Sandra Day O’Connor. [Dean, 2007, pp. 155-157]
Staunch Advocate of Expanding Presidential Power - Alito has impeccable credentials, especially in contrast to the widely derided Miers. He is a graduate of Yale Law School, a long-time member of the conservative Federalist Society, and has years of decisions behind him as an appellate court judge. He is a product of the Reagan-era Justice Department. Bush calls him “one of the most accomplished and respected judges in America.” He is a powerful anti-abortion advocate, and a staunch supporter of granting ever more power to the executive branch, especially at the expense of the legislative and judicial branches. During his time in the Reagan Justice Department, he worked on a project to “increase the power of the executive to shape the law.” In 2000 he called the “unitary executive theory” (see April 30, 1986) the “gospel according to the OLC,” the Justice Department’s Office of Legal Counsel, where he worked for four years, and said he was firmly committed to advancing that theory. [Savage, 2007, pp. 267-271]
Bland Facade at Hearings - Alito receives a unanimous “well qualified” assessment from the American Bar Association, and the Bush administration expects that his nomination will sail through the Senate confirmation hearings as quickly and painlessly as did Bush’s previous choice for the Court, John Roberts (see September 29, 2005). The hearings are more contentious than Bush would like, and former Nixon White House counsel John Dean will say in 2007 that Alito’s performance before the Judiciary Committee “only served to confirm that the entire process has become little more than a great charade.” Senator Edward Kennedy (D-MA), one of the longest-serving members of the committee, observes that the Bush administration believes—correctly—that it can nominate radical right-wing extremists to the Court virtually at will, “as long as their views were not well known,” and adds, “[T]he current White House [has] turned the effort to hide nominees’ views into an art form.” Like Roberts, Alito presents a bland, non-confrontational facade to the committee (see January 9-13, 2006), refusing to take a personal stance on any issue and giving the impression that, as Kennedy will say after Alito and Roberts begin their service on the Court, he would be “as neutral as a baseball umpire.… The men who promised to be neutral umpires look more and more like loyal members of the president’s team.” [Dean, 2007, pp. 155-157]
Party-Line Confirmation - After an attempt by Senators Kennedy and John Kerry (D-MA) to filibuster Alito’s confirmation fails, the Senate confirms Alito’s ascension to the Court by a near-party line 58-42 vote, the closest such vote since Clarence Thomas’s (see October 13, 1991). Senator Orrin Hatch (R-UT) condemns what he calls the “very bitter partisanship” over Alito’s nomination, and accuses Democrats of playing politics: “When you have a man who has the decency, the legal ability and the capacities that Judge Alito has treated this way, I think it’s despicable.” Alito, whose hardline conservative beliefs are sufficiently masked during the hearings, replaces the far more moderate O’Connor, who before her retirement made up the “moderate center” of the Court with Justices Anthony Kennedy and David Souter. Now Alito joins Thomas, Roberts, and Antonin Scalia to form a hard-right conservative bloc on the Court which, when joined by center-right conservative Kennedy, forms a nearly unshakable conservative majority. [CNN, 2/1/2006]
Overturning Roe? - Many believe that Alito gives the Court the fifth vote it needs to finally overturn the landmark abortion case Roe v. Wade (see January 22, 1973), a longtime goal of social conservatives that would go far to make abortions illegal in the US. [Slate, 10/31/2005]

Entity Tags: Orrin Hatch, Sandra Day O’Connor, Samuel Alito, John Dean, US Supreme Court, John G. Roberts, Jr, John Kerry, George W. Bush, Clarence Thomas, Anthony Kennedy, David Souter, Edward M. (“Ted”) Kennedy, Harriet E. Miers, Antonin Scalia

Timeline Tags: Civil Liberties

In the days after Michael Steele (R-MD), an African-American, announced his candidacy for governor of Maryland, allegations have resurfaced that in 2002 he was “pelted” with Oreo cookies by Democrats at a political debate (see September 26, 2002 and After); if true, such actions would constitute a significant racial slur. However, reporting of the incident has fallen into question, and Steele himself recently denied being hit by cookies during the debate, though he did say he saw Oreos on the stage near him: “I’ve never claimed that I was hit, no. The one or two that I saw at my feet were there. I just happened to look down and see them.” Eyewitness accounts compiled by the Baltimore Sun show that the allegations are questionable at best; moreover, the Sun reports, accounts of the incident by Republican gubernatorial candidate Robert Ehrlich, Ehrlich’s communications director Paul Schurick, and Steele himself, dramatically contradict each other. Progressive media watchdog organization Media Matters compares the different accounts of the incident, and concludes that the story has grown from an almost-baseless “partisan talking point” into “a ‘fact’ reported by the media” over the last three years. Media Matters notes that several newspapers, including the Chicago Sun-Times, the Washington Post, and the Washington Times, have recently reported the incident as factual, with the Times writing that Steele was “pelt[ed] with Oreo cookies” among the “racially tinged attacks” directed at him by his Democratic opponent in 2002. Chicago Sun-Times columnist Mary Mitchell writes: “Steele has been subjected to the worst racial slurs imaginable. At one debate, a group of black people pelted the stage with Oreos.” Between October 31 and November 16, the Washington Times asserts the incident as fact three times in its editorial pages, and twice in its news reporting. The Weekly Standard reports it three times. Fox News talk show host Sean Hannity twice asserts it as fact on his broadcast, as does one of his guests, National Review editor Rich Lowry. Deroy Murdock, another National Review contributor, asserts it as fact in one of his columns. Washington Post metro editor Marc Fisher cites it in an online chat. Mitchell cites it in the Chicago Sun-Times. The conservative American Spectator cites it as fact once. Syndicated columnist Gregory Kane cites it as fact once. The National Newspaper Publishers Association News Service editor in chief George Curry states it as fact on National Public Radio, as does the host of the NPR program, Ed Gordon. The Investors Business Daily cites it as fact in an editorial. MSNBC’s Tucker Carlson cites it as fact on the air. The Associated Press cites it as fact in an article. Media Matters also notes that the story resurfaced briefly during the August 2004 Republican National Convention, with the Baltimore Sun reporting that Steele and Ehrlich “still talk” about the incident, and the Washington Post reporting it as fact. [WTOP Radio 103.5 (Washington), 11/15/2005; Media Matters, 11/21/2005]

Entity Tags: National Review, Richard Lowry, Paul Schurick, Robert L. Ehrlich Jr., Washington Times, Tucker Carlson, Sean Hannity, Weekly Standard, Washington Post, National Public Radio, Media Matters, Fox News, Michael Steele, Ed Gordon, American Spectator, Deroy Murdock, Associated Press, Chicago Sun-Times, Baltimore Sun, Gregory Kane, Mary Mitchell, George Curry, Marc Fisher, Investors Business Daily, MSNBC

Timeline Tags: Domestic Propaganda

The Washington Post reports that the controversial Texas congressional redistricting plan headed by Representative Tom DeLay (R-TX—see 2002-2004) was found to be illegal by Justice Department lawyers, but their judgment was overruled by senior political appointees at the Department of Justice (DOJ) who approved the plan. The information comes from a previously undisclosed memo written in December 2003 (see December 12, 2003) and provided to the Post by, the Post writes, “a person connected to the case who is critical of the adopted redistricting map.” Six lawyers and two analysts at the DOJ found that the DeLay plan violated the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989) by illegally diluting African-American and Hispanic voting power in two Congressional districts. Texas Republicans knew the plan would likely be found to be discriminatory, the lawyers wrote in the memo, but went ahead with the plan anyway because it would maximize the number of Republicans the state would send to Congress. In the 2004 federal elections, Texas sent five additional Republicans to the US House, helping to solidify GOP control of that body. A lawyer for the Texas Democrats and minority groups who are challenging the redistricting in court, J. Gerald Hebert, says of the DOJ memo: “We always felt that the process… wouldn’t be corrupt, but it was.… The staff didn’t see this as a close call or a mixed bag or anything like that. This should have been a very clear-cut case.” DOJ spokesman Eric W. Holland, defending the decision by senior DOJ officials to approve the plan, points to a lower-court decision in the case that affirmed the plan’s legality. “The court ruled that, in fact, the new congressional plan created a sufficient number of safe minority districts given the demographics of the state and the requirements of the law,” he says, and notes that Texas now has three African-Americans in Congress whereas in the years before redistricting, it had only two. Hebert says the DOJ’s approval of the redistricting plan was a critical factor in the court’s decision to affirm the plan. DeLay spokesman Kevin Madden accuses Hebert of engaging in what he calls “nonsensical political babble,” and says the DOJ is correct to have found that the plan has no discriminatory effects. Under both the older plan (see 2000-2002) and the DeLay plan, minority-led districts number 11, but under the DeLay plan, Texas gained two more Congressional districts, both represented by Republicans. Recently, a similar case was reported in which DOJ lawyers found a Georgia redistricting plan to be illegal, but senior political appointees overruled the legal judgment and approved the plan. A court later found the plan to be illegal. [Washington Post, 12/2/2005]

Entity Tags: Kevin Madden, Eric W. Holland, J. Gerald Hebert, US Department of Justice, Voting Rights Act of 1965, Washington Post, Tom DeLay

Timeline Tags: Civil Liberties

Mark Posner, a law professor at American University who served in the civil rights division of the US Department of Justice (DOJ) for 23 years and supervised the DOJ’s “Section 5” reviews under the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989) for 10 years, writes an article for the prestigious legal information Web site FindLaw that says the DOJ found the controversial Texas redistricting plan (see 2002-2004) legal for purely partisan political reasons. Posner’s article is spurred by the recent revelation of a 2003 DOJ memo (see December 12, 2003 and December 2, 2005) that found the redistricting plan to be illegal, and the Washington Post’s finding that the memo was rejected by political appointees at the DOJ, who saw to it that the plan was approved by the civil rights division. Posner is more specific than the Post article, writing: “A Republican appointee overrode the staff recommendation and granted approval, allowing the plan to go into effect for the 2004 Congressional elections. In so doing, the official sided with his political party and with one of the most powerful Republicans in Washington.” Posner notes that the Bush administration has defended the decision, claiming that it was merely the result of what he calls “an honest disagreement between the career and political staff about how to apply the law to a complex set of facts.” In spite of the defense, including a statement by the attorney general, Posner writes that “this is not a case of an honest disagreement between lawyers. Rather, there is strong objective evidence that politics prevailed over the requirements of the Voting Rights Act.” The civil rights division of the DOJ is required under the VRA to “pre-clear,” or approve, any redistricting plan that might result in the unwarranted dilution of minority voting strength in particular districts. Texas, as a state with a history of discriminating against its minority citizens, is one of a number of states required to obtain DOJ approval for new redistricting plans. The DOJ has examined some 435,000 election changes since 1965, Posner writes, and thusly must “follow procedures which… ensure that preclearance decisions are based on the law and the facts, and not on extraneous factors. Among other things, these procedures must guard against the temptation that some political appointees can have to decide matters based on what would benefit their political party.” The DOJ career staff play a key role in such procedures, though the assistant attorney general (AAG) for civil rights makes the final decision. Until the Texas redistricting plan, Posner writes, AAGs have generally relied on the opinions and findings of their staff to help them craft a final decision. “When the career staff unanimously recommends that preclearance be denied, the AAG almost never overrides that recommendation and approves the change. On the flip side, the staff’s unanimous preclearance recommendation always results in the change being approved.” But the Texas redistricting approval upended the usual procedure. Despite the unanimous recommendation from the staff that the DOJ block Texas from implementing the plan due to its discriminatory effect, the AAG granted approval to the plan. “The influence of politics is evident,” Posner concludes. The DOJ “significantly and substantially deviated from the decisional practice which, for nearly four decades, has served the department well in enforcing Section 5 in a fair and nonpartisan manner.… [T]he evidence points to a single conclusion: the Justice Department did not serve the interests of minority citizens in this case, but, instead, served the political interests of the Republican Party.” [FindLaw, 12/6/2005]

Entity Tags: Civil Rights Division (DOJ), Texas State Legislature, Voting Rights Act of 1965, Mark Posner

Timeline Tags: Civil Liberties

The Washington Post learns that the Justice Department has barred staff attorneys from offering recommendations in major Voting Rights Act (VRA—see August 6, 1965) cases, a drastic change from the earlier policy, which was designed to insulate such decision from political considerations. The decision comes amid what the Post calls “growing public criticism of Justice Department decisions to approve Republican-engineered plans in Texas (see December 12, 2003, December 2, 2005, and December 5, 2005) and Georgia (see 2005, November 25, 2005, and September 19, 2006) that were found to hurt minority voters by career staff attorneys who analyzed the plans. Political appointees overruled staff findings in both cases.” In the Georgia redistricting case, a staff memo advised rejecting the Georgia plan because it required voters to show photo ID at the polls, a policy that the memo said would disenfranchise some African-American voters. Under the new policy, that recommendation was removed from the memo and was not forwarded to higher officials in the civil rights division (CRD). The DOJ has claimed the August 25 memo was “an early draft,” even though the DOJ gave “preclearance” for the Georgia plan to be adopted on August 26. A federal judge blocked the law’s implementation, calling it a return to Jim Crow-era policies. The policy was adopted by John Tanner, the head of the CRD’s voting rights section (VRS). DOJ spokesperson Eric Holland says, “The opinions and expertise of the career lawyers are valued and respected and continue to be an integral part of the internal deliberation process upon which the department heavily relies when making litigation decisions.” Tanner has recently lambasted the quality of work by the VRS staff, some of whom have been in the section for decades. Some of the staff members boycotted the staff Christmas party because they were too angry to attend, sources within the section say. Experts like Jon Greenbaum, a VRS veteran who now directs the Voting Rights Project at the Lawyers’ Committee for Civil Rights Under Law, says that stopping staff members from making such recommendations is a significant departure and runs the risk of making the process appear more political. “It’s an attempt by the political hierarchy to insulate themselves from any accountability by essentially leaving it up to a chief, who’s there at their whim,” he says. “To me, it shows a fear of dealing with the legal issues in these cases.” Congressional Democrats are critical of the new policy and are joined by Senate Judiciary Committee Chairman Arlen Specter (R-PA), who is considering holding hearings on the Texas redistricting case. Senator Edward Kennedy (D-MA) says, “America deserves better than a civil rights division that puts the political agenda of those in power over the interests of the people its serves.” Attorney General Alberto Gonzales and other DOJ officials have disagreed with the criticism, and asserted that politics play no role in civil rights decisions. Assistant Attorney General William Moschella has recently written to Specter, criticizing the Post’s coverage and claiming that the department is aggressively enforcing a range of civil rights laws. “From fair housing opportunities, equal access to the ballot box, and criminal civil rights prosecutions to desegregation in America’s schools and protection of the rights of the disabled, the division continues its noble mission with vigor,” he wrote. [Washington Post, 12/10/2005]

Entity Tags: Edward M. (“Ted”) Kennedy, Alberto R. Gonzales, Civil Rights Division (DOJ), Washington Post, William E. Moschella, Jon Greenbaum, Eric W. Holland, US Department of Justice, Arlen Specter, John Tanner

Timeline Tags: Civil Liberties

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

Entity Tags: Rush Limbaugh, James Earl Ray

Timeline Tags: Domestic Propaganda

During the Senate hearings to confirm conservative jurist Samuel Alito to the Supreme Court, the questioning turns to Alito’s views on the “unitary executive” theory (January 1, 1992). The theory seems to have originated in the Reagan administration’s Justice Department (see April 30, 1986), where Alito worked in the Office of Legal Counsel.
Lawyer Testifies to Unitary Executive - Former Clinton White House counsel Beth Nolan testifies about the theory and its potential for dramatically revamping the power of the presidency: “‘Unitary executive’ is a small phrase with almost limitless import. At the very least, it embodies the concept of presidential control over all executive functions, including those that have traditionally been executed by ‘independent’ agencies and other actors not subject to the president’s direct control.… The phrase is also used to embrace expansive interpretations of the president’s substantive powers, and strong limits on the legislative and judicial branches.” Nolan cites a November 2000 speech by Alito to the Federalist Society, where Alito said in part, “the president is largely impervious to statutory law in the areas of foreign affairs, national security, and Congress is effectively powerless to act as a constraint against presidential aggrandizement in these areas.” [Dean, 2007, pp. 100-106] During the questioning session, Alito denies ever discussing the idea of inherent presidential powers during that speech.
Evasive Answers in Hearings - Senator Richard Durbin (D-IL) says in his opening statement that he intends to press Alito on his support for what Durbin calls “a marginal theory at best… yet one you’ve said you believe.” Durbin notes that the Bush administration has repeatedly cited the theory to justify its most controversial policies and decisions, particularly in conducting its war on terror. Senator Charles Schumer (D-NY) adds: “The president is not a king, free to take any action he chooses without limitation, by law.… In the area of executive power, Judge Alito, you have embraced and endorsed the theory of the unitary executive. Your deferential and absolutist view of separation of powers raises questions. Under this view, in times of war the president would, for instance, seem to have inherent authority to wiretap American citizens without a warrant, to ignore Congressional acts at will, or to take any other action he saw fit under his inherent powers. We need to know, when a president goes too far, will you be a check on his power or will you issue him a blank check to exercise whatever power alone he thinks appropriate?” [Savage, 2007, pp. 271-272] However, Alito refuses to address the issue in the hearings, giving what one journalist calls “either confused or less than candid” answers to questions concerning the subject.
Failure to Recall - During questioning, Alito turns aside inquiries about his avowed support for the unitary executive theory, saying he was merely talking about the idea that a president should have control over lesser executive branch officials, and was not referring to the usurpation of Congressional power by the executive. Further questions elicit nothing but a dry definition of the term. Asked about Supreme Court Justice Clarence Thomas’s stinging dissent in the 2004 Hamdi v. Rumsfeld case (see June 28, 2004), where Thomas wrote that the authors of the Constitution believed a unitary executive was essential to the implementation of US foreign policies, Alito says he does not recall Thomas’s mention of the phrase. Asked about Bush’s signing statement that attempted to invalidate the Detainee Treatment Act (see December 30, 2005), Alito merely recites the definition of a signing statement, and refuses to actually state his position on the issue (see February 6, 1986 and After). Senator Ted Kennedy (D-MA), disturbed by Alito’s refusal to address the subject, says he will vote against him in part because of Alito’s embrace of “the gospel of the unitary executive.” Kennedy cites one of the authors of the theory, law professor Steven Calabresi, one of the founders of the Federalist Society, who, Kennedy says, “acknowledged that, if the concept is implemented, it would produce a radical change in how the government operates.” [Dean, 2007, pp. 100-106; Savage, 2007, pp. 271-274]
ACLU Opposes Alito - The ACLU, for only the third time in its history, formally opposes Alito’s nomination, in part because of Alito’s embrace of the unitary executive theory of the presidency, citing Alito’s “expansive view of executive authority and a limited view of the judicial role in curbing abuses of that authority.” In its 86-year history, the ACLU has only opposed two other Court nominees: William Rehnquist and former Solicitor General Robert Bork. [American Civil Liberties Union, 1/9/2006]
Opposition Fails - However, none of this is effective. Alito is sworn in less than a month later, after Democrats in the Senate fail to successfully mount a filibuster against his confirmation. [CNN, 2/1/2006]

Entity Tags: Office of Legal Counsel (DOJ), Samuel Alito, Edward M. (“Ted”) Kennedy, Clarence Thomas, Beth Nolan, US Department of Justice, Bush administration (43), US Supreme Court, American Civil Liberties Union

Timeline Tags: Civil Liberties

US District Court Judge William C. O’Kelley finds that Georgia Secretary of State Cathy Cox, a Democrat currently running for governor, violated voter rights by unlawfully working to block voter registration drives. Cox is also facing criticism of her handling of the state’s electronic voting contract with voting machine manufacturer Diebold. O’Kelley finds that Cox’s “rejection of voter registration applications on the ground that they were submitted in a bundle, or by someone who was not a registrar or deputy registrar, violated the NVRA [National Voter Registration Act, often called the Motor Voter law—see May 20, 1993].” Senate Minority Leader Gloria Butler, a fellow Democrat who has been critical of Cox’s actions, has introduced legislation that would codify the rights of private groups to conduct voter registration in Georgia, even though private groups already have that right. Butler recently told reporters, “These volunteers drive our voter registration in this state and we should make it easier, not harder, on them to help Georgia citizens complete the voter registration process.” She tells another reporter, “Strong voter registration rolls are the very foundation of our democracy and I will continue to fight for the rights of registered Georgians throughout the state.” Many critics say that Cox’s efforts to impede voter registration may have had what the Atlanta Progressive News calls “a disproportionate impact on outreach efforts to low-income individuals, working families, and the homeless, who often need advice about, and assistance with, registering to vote.” Cox was sued by the Wesley Foundation, the nonprofit charitable affiliate of a local chapter of the Alpha Phi Alpha Fraternity, an African-American fraternal organization that ran a voter registration drive on June 12, 2004. Cox rejected all 63 voter registration applications submitted to her office from the fraternity, claiming that the fraternity representatives failed to follow proper procedures, including obtaining pre-clearance from her office to conduct the drive. Under the NVRA, the fraternity and other private organizations have the right to conduct voter registration drives without the presence or permission of state or local election officials. O’Kelley’s ruling requires Cox to notify all 159 of Georgia’s county boards of registrars that they are not authorized to reject applications submitted by private voter registration organizers in the future for reasons previously delineated by Cox, and for her to acknowledge to the plaintiffs that they did not engage in improper conduct. [Atlanta Progressive News, 3/10/2006]

Entity Tags: Diebold Systems, Alpha Phi Alpha Fraternity, Atlanta Progressive News, Gloria Butler, Cathy Cox, Wesley Foundation, National Voter Registration Act, William C. O’Kelley

Timeline Tags: Civil Liberties

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

Entity Tags: Antonio Villaraigosa, Cruz Bustamante, Michelle Malkin

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

Lynn Westmoreland (R-GA).Lynn Westmoreland (R-GA). [Source: That's My Congress (.com)]The House Republican leadership cancels a vote to renew the 1965 Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989) after a number of House Republicans declare their opposition to renewing key portions of the legislation concerning the requirement of bilingual ballots and continued federal oversight of voting practices in some Southern states. Eight months ago, Congressional Republicans announced they intended to take the lead in renewing the VRA (see October 4, 2005). The press reports that House Speaker Dennis Hastert (R-IL) was taken off-guard by the vehemence of the opposition within his party; he and other senior House Republicans believed that renewal of the VRA was on track. President Bush has said he supports renewing the VRA. In early May, House Republicans and Democrats joined on the steps of the Capitol to announce bipartisan support for the renewal of the law. However, some Southern Republicans argue that the law has served its purpose and is no longer necessary. They are now joined by Republicans from other states who resist providing ballots in languages other than English. Hastert says the Republican leadership “is committed to passing the Voting Rights Act legislation as soon as possible,” while some House Republicans say it is unclear whether the issue will be resolved before the Independence Day recess. Hastert and other House Republican leaders apparently did not anticipate the surge of anti-immigrant sentiment among their colleagues, which fuels the opposition to bilingual ballots. A previous attempt by Senate Republicans to include a provision in the VRA proclaiming English the “national language” failed. Seventy-nine House Republicans, led by Steve King (R-IA), an outspoken opponent of immigration, signed a letter written by King objecting to the VRA’s provision for bilingual ballots in precincts with large Hispanic and Asian populations. The requirement is costly and unnecessary, King wrote, adding, “The multilingual ballot mandate encourages the linguistic division of our nation and contradicts the ‘Melting Pot’ ideal that has made us the most successful multi-ethnic nation on earth.” Lynn Westmoreland (R-GA) says: “A lot of it looks as if these are some old boys from the South who are trying to do away with it. But these old boys are trying to make it constitutional enough that it will withstand the scrutiny of the Supreme Court.” King said in committee, “There is no need to print ballots in any language other than English.” When King’s provision to end multilingual requirements was removed in committee, King and his fellow anti-immigration Republicans publicly withdrew their support for the VRA. Charles Whitlow Norwood (R-GA) says flatly: “What people are really upset about is bilingual ballots. The American people want this to be an English-speaking nation.” House Minority Whip Steny Hoyer (D-MD) says: “Clearly, there are some on the Republican side who object to this legislation, and they forced the leadership’s hand today. House Democrats stand in virtual unanimous support for this important bill.” Mel Watt (D-NC), the chairman of the Congressional Black Caucus, says, “We fear that pulling the bill could send the wrong message about whether the bill enjoys broad bipartisan support and that delaying consideration until after the July 4 recess could give those with partisan intentions space and time to politicize the issue.” Wade Henderson of the Leadership Conference on Civil Rights says in a statement, “We are extremely disappointed that the House did not vote today to renew and restore the Voting Rights Act because a small band of miscreants, at the last moment, hijacked this bipartisan, bicameral bill.” Henderson’s colleague Nancy Zirkin agrees, saying: “The fact of the matter is that you have a small group of members who have hijacked this bill, and many of these individuals represent states that have been in violation for a long time. We believe these individuals do not want the Voting Rights Act reauthorized.” [King, 1/28/2006; New York Times, 6/22/2006; Washington Post, 6/22/2006]
Opposition Letter Written by Far-Right Anti-Immigration Advocate? - Citizen investigators later demonstrate that many portions of the King letter may not have been written by King or his staffers, but by a representative of two far-right anti-immigration groups, NumbersUSA and ProEnglish. Both organizations belong to a network of groups operated by anti-immigration leader John Tanton (see February 2009). The provisions in the King letter were apparently written by K.C. McAlpin, a member of NumbersUSA and the executive director of ProEnglish. The latter group proclaims itself “the nation’s leading advocate of official English,” working “through the courts and in the court of public opinion to defend English’s historic role as the common, unifying language of the United States of America, and to persuade lawmakers to adopt English as the official language at all levels of government.” The investigators will be unable to prove McAlpin’s authorship beyond dispute, but through comparison of the King letter with McAlpin’s written testimony to Congress in November 2005, they find significant conceptual and linguistic similarities. The investigators will posit: “Given that the King letter posted at [the US House Web site, before being removed] was authored by McAlpin on software registered to NumbersUSA, coupled with its striking similarities to McAlpin’s testimony, only one of two possible causes seem plausible. Either King copied his letter from ProEnglish literature almost word for word, and then asked McAlpin, or someone using his computer, to type up a copy to post at the House of Representatives Web site, or McAlpin authored the letter himself. Either way, the letter that 79 Representatives signed to force the cancellation of the renewal of the VRA came from ProEnglish.” [King, 1/28/2006; Duke Falconer, 7/12/2006]

Entity Tags: Nancy Zirkin, John Tanton, George W. Bush, Dennis Hastert, Charles Whitlow Norwood, K.C. McAlpin, Mel Watt, US Supreme Court, Lynn Westmoreland, Wade Henderson, Steny Hoyer, US House of Representatives, ProEnglish (.com), Voting Rights Act of 1965, NumbersUSA, Steve King

Timeline Tags: Civil Liberties

The Supreme Court upholds most of Texas’s far-reaching redistricting plan as engineered by former House Majority Leader Tom DeLay (R-TX—see 2002-2004). The case is League of United Latin American Citizens et al v. Perry et al. The Court rejects one element of the plan, saying that some of the new boundaries fail to protect minority voting rights. Some district boundaries will need to be redrawn, particularly one “oddly shaped” district, District 23, in the Associated Press’s description, that saw the shift of 100,000 Hispanics out of a district represented by a Republican incumbent and into the unusually crafted district. Critics called District 23 the result of illegal gerrymandering, and said it violates the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989). Justice Anthony Kennedy, author of the majority opinion, says that under the plan, Hispanics have no chance to elect a candidate of their choosing. Democrats and minority groups have accused Republicans of unconstitutionally redrawing Texas’s electoral districts to ensure that the state’s legislature is controlled by Republicans. In the 2004 elections, the first with the new districts, Republicans took control of Texas’s legislature and four Democratic incumbents lost their seats. The Court upholds the contention that states can redraw district maps when they choose, not just once a decade as claimed by Texas Democrats. In essence, this means that any time a political party takes power in a state legislature, it can redraw maps to suit its purposes. The Constitution mandates the redrawing of state congressional district boundaries once a decade to account for population shifts; the Court says such redrawings can be more frequent if desired. The 2003-2004 redrawing of the Texas district map cost DeLay his position; he has resigned from Congress in the face of money laundering charges in relation to his fundraising activities for legislative candidates. While two other states, Colorado and Georgia, have undertaken similar redistricting efforts, law professor Richard Hasen says he does not believe many more states will move in the same direction. “Some people are predicting a rash of mid-decade redistricting. I am skeptical,” he says. “It would be seen as a power grab in a lot of places.” The 5-4 Court majority is not along ideological lines. While Kennedy, who usually joins the other conservatives, writes the majority opinion, the four liberals of the Court—Justices Stephen Breyer, Ruth Bader Ginsberg, John Paul Stevens, and David Souter—write their own concurrences in conjunction with his opinion. Chief Justice John Roberts dissents, and Justices Samuel Alito and Clarence Thomas join his dissent. Justice Antonin Scalia writes his own dissent. [Associated Press, 6/28/2006; FindLaw, 6/28/2006; Oyez (.org), 2012]

Entity Tags: John G. Roberts, Jr, Associated Press, Antonin Scalia, Anthony Kennedy, David Souter, Voting Rights Act of 1965, Samuel Alito, Tom DeLay, Ruth Bader Ginsberg, Richard L. Hasen, John Paul Stevens, US Supreme Court, Clarence Thomas, Stephen Breyer

Timeline Tags: Civil Liberties

The cover of ‘Conservatives Without Conscience.’The cover of ‘Conservatives Without Conscience.’ [Source: Barnes and Noble (.com)]Author and former Nixon White House counsel John Dean writes in his book Conservatives Without Conscience that it was never public opinion that drove Richard Nixon to resign his office (see August 8, 1974).
Loss of Support among White House Officials Forced Resignation - In 1981, social scientist Bob Altermeyer wrote in his book Right Wing Authoritarianism that Nixon resigned, not because of his plummeting poll ratings, but “because [Nixon]‘s attorney had forced the disclosure of evidence so damaging that it seemed certain he would be convicted of high crimes by the Senate.” Dean approvingly cites Altermeyer’s conclusion and adds, “This is true, but there is more to the story.” Nixon had a number of legal recourses to answer any charges brought against him, Dean writes, “many of which [President] Bush and [Vice President] Cheney are promoting today under the rubric of national security and the inherent power of the presidency.” Nixon finally resigned, Dean argues, not because of public opinion, or of fear of the law, or even because of the erosion of support he suffered among members of Congress. It was the abandonment of Nixon by his own defenders in the White House that finally drove Nixon to resign. “Other than White House counsel Fred Buzhardt, and possibly chief of staff Al Haig (with whom Buzhardt had roomed at West Point), no one was aware that Nixon was lying about what he knew and when he knew it once the cover-up had initially fallen apart. Nixon provided the lawyer he had hired to defend him in the House’s impeachment inquiry (see May 9, 1974), James St. Clair, with false information, and St. Clair—as it happened—was a man of integrity and not a right-wing authoritarian follower. When he found out that his client had lied to him he had two choices: to resign or to join the new cover-up. He was, as it happened, interested in participating in the latter.”
Bush, Cheney Would Defy Law, Dean Argues - Dean continues: “Nixon at one point considered defying the Supreme Court ruling that he turn over his incriminating tapes (evidence that revealed that his defense was a sham) (see July 24, 1974) on the very grounds that Bush and Cheney argue. They have authority under the Constitution to read it and comply with it as they see fit. Once it was apparent that Richard Nixon had broken the law, he made the most significant decision of his presidency: the decision to honor the rule of law and resign.… [T]here is little doubt in my mind that Bush and Cheney, in the same situation, would not budge; rather, they would spin the facts as they always have, and move forward with their agenda. The president and vice president, it appears, believe the lesson of Watergate was not to stay within the law, but rather not to get caught. And if you do get caught, claim that the president can do whatever he thinks necessary in the name of national security.” [Dean, 2006, pp. 181-182]

Entity Tags: George W. Bush, Alexander M. Haig, Jr., Fred Buzhardt, Richard (“Dick”) Cheney, James St. Clair, Richard M. Nixon, John Dean, Bob Altermeyer

Timeline Tags: Nixon and Watergate

A Washington State district court dismisses the case of Farrakhan v. Gregoire, a 2003 lawsuit which contended that Washington’s felon disenfranchisement laws and restoration policies were discriminatory against racial minorities and thusly violated the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989). The court writes that it is “compelled to find that there is discrimination in Washington’s criminal justice system on account of race,” and that such discrimination “clearly hinders the ability of racial minorities to participate effectively in the political process.” Even in the face of its own finding, the court dismisses the case, citing a “remarkable absence of any history of official discrimination” in the state’s electoral procedures and felon disenfranchisement policies. “Washington’s history, or lack thereof, of racial bias in its electoral process and in its decision to enact the felon disenfranchisement provisions, counterbalance the contemporary discriminatory effects that result from the day-to-day functioning of Washington’s criminal justice system,” the court finds. The case will continue in the court system, and the district court’s findings will ultimately be upheld by the Ninth Circuit Court of Appeals, which will cite the state’s lack of “intentional discrimination” (see October 7, 2010). [Brennan Center for Justice, 1/5/2010; Equal Justice Society, 10/14/2010; ProCon, 10/19/2010]

Entity Tags: Voting Rights Act of 1965

Timeline Tags: Civil Liberties

The US House of Representatives overcomes challenges by conservative Republicans and votes overwhelmingly in favor of renewing the 1965 Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989). Congressional Republicans originally voiced strong support for renewing the landmark voting rights legislation (see October 4, 2005) but some 80 House Republicans have worked for weeks to block renewal of the bill over objections to providing bilingual ballots in some areas, and over continued oversight by the Justice Department in areas with a history of racial disenfranchisement and discrimination at the voting booth (see June 22, 2006). The renewal bill, officially entitled the “Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act” after a number of prominent civil rights figures, passes the House on a 390-33 vote. Representative John Lewis (D-GA), an African-American veteran who was beaten by white police officers during the civil rights struggle, gives an impassioned speech on the House floor before the vote is cast. Lewis reminds the House that “I gave blood” to ensure that blacks and other minorities had the right to vote without discrimination. “Some of my colleagues gave their very lives. Yes, we’ve made some progress; we have come a distance. The sad truth is, discrimination still exists. That’s why we still need the Voting Rights Act, and we must not go back to the dark past.” Lewis and other supporters took part in over a dozen House hearings where, according to Lewis, proof of voter discrimination was highlighted. Some conservative lawmakers have argued that such discrimination is a thing of the past, and therefore the VRA is obsolete and need not be renewed. Phil Gingrey (R-GA) is one of those making that argument, telling the House: “A lot has changed in 40-plus years. We should have a law that fits the world in 2006.” Lynn Westmoreland (R-GA) agrees: “Congress is declaring from on high that states with voting problems 40 years ago can simply never be forgiven. That Georgians must eternally wear the scarlet letter because of the actions of their grandparents and great-grandparents.… We have repented and we have reformed.” Westmoreland says many people are “prejudiced” against Southern states. David Scott (D-GA) accuses House Republicans such as Gingrey and Westmoreland of working “to kill the Voting Rights Act” both through opposition and through the attempted addition of a number of unpalatable amendments that would strongly water down the law, such as an amendment by Steve King (R-IA) that would have removed the provision for bilingual ballots and forced naturalized citizens to prove their fluency in English before being allowed to vote. The bill moves to the Senate, where Democrats are urging quick passage and accusing House Republicans of unjustly delaying the bill’s passage. “For two months, we have wasted precious time as the Republican leadership played to its conservative base,” says Senate Minority Leader Harry Reid (D-NV). “There are only 21 legislative days left in this Congress, and the time to act is now.” [New York Times, 7/13/2006; Associated Press, 7/14/2006]

Entity Tags: Steve King, David Scott, Harry Reid, John Lewis, Lynn Westmoreland, Phil Gingrey, US House of Representatives, Voting Rights Act of 1965

Timeline Tags: Civil Liberties

The US Senate votes 98-0 to reauthorize the 1965 Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989). Many Republicans in the House have attempted to thwart the law’s renewal, citing their opposition to providing bilingual ballots in some areas, and over continued oversight by the Justice Department in areas with a history of racial disenfranchisement and discrimination at the voting booth (see June 22, 2006). However, that opposition was overcome by a bipartisan effort when the House voted to reauthorize the law (see July 13, 2006). Democrats and Republicans alike acknowledge that racial discrimination and efforts to disenfranchise minority voters still exist: “Despite the progress [some] states have made in upholding the right to vote, it is clear the problems still exist,” says Senator Barack Obama (D-IL). On the same day that the Senate votes to approve the bill, President Bush, on a visit to the annual NAACP convention, promises to sign the bill into law. One senator voicing his objection to the bill is Saxby Chambliss (R-GA), who says: “Other states with much less impressive minority progress and less impressive minority participation are not covered, while Georgia still is. This seems both unfair as well as unwise.” Chambliss is not joined in his opposition by fellow Republican Senator Lindsey Graham (R-SC), whose home state of South Carolina is, like Georgia, subject to Justice Department oversight for any changes to its voting procedures. “South Carolinians, you have come a long way,” he says. But we, just like every other part of this country, still have a long way to go.” [New York Times, 7/21/2006]

Entity Tags: George W. Bush, Barack Obama, Voting Rights Act of 1965, US Senate, Saxby Chambliss, Lindsey Graham

Timeline Tags: Civil Liberties

President Bush signs the Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989) reauthorization into law. The extension, called the “Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act,” makes the VRA the law until 2031. It also overturns the decision rendered in Reno v. Bossier Parish School Board (see May 12, 1997) by outlawing electoral redistricting for discriminatory purposes, and invalidates the decision rendered in Georgia v. Ashcroft by declaring that Section 5 protects the ability of minorities “to elect their preferred candidates of choice.” [MSNBC, 10/4/2005; White House, 6/27/2006; American Civil Liberties Union, 2012] In October 2005, Congressional Republicans declared that they intended to lead the way towards renewing the VRA, particularly Section 5 (see October 4, 2005). But in June 2006, House Republicans balked at renewing Section 5 and another provision mandating bilingual ballots in many areas (see June 22, 2006). The bill survived a number of attempts to derail or weaken it by those House Republicans (see July 13, 2006), and was upheld 98-0 in the Senate (see July 20, 2006).

Entity Tags: Voting Rights Act of 1965, George W. Bush, US House of Representatives, US Senate

Timeline Tags: Civil Liberties

A League of the South member at a 2008 political rally. This member is wearing a button supporting the candidacy of Ron Paul (R-TX). The sign behind the supporter calls the NAACP a “racist” organization.A League of the South member at a 2008 political rally. This member is wearing a button supporting the candidacy of Ron Paul (R-TX). The sign behind the supporter calls the NAACP a “racist” organization. [Source: Indyweek]Former Representative Tom Tancredo (R-CO), an outspoken opponent of immigration, is the keynote speaker at a fundraiser for a conservative organization, Americans Have Had Enough!, that lists him as its honorary chairman. Tancredo’s appearance is part of his longshot campaign for the 2008 Republican presidential nomination. The event is promoted by a neo-Confederate group, the League of the South (LOS), as being its primary sponsor. On its Web site, the LOS announces: “Congressman Tom Tancredo will be our guest. Join us at the State Museum for two hours of vital information, fellowship, and good food.” The site identifies LOS liaison Lourie Salley as the event’s information contact. The room at the museum was rented by neo-Confederate activist Richard T. Hines, a member of LOS and the openly racist Council of Conservative Citizens. Tancredo speaks from a podium draped with a Confederate battle flag, and men dressed in period Confederate battle uniforms are among the audience. Even the catering was done by Piggie Park restaurant chain owner Maurice Bessinger, a prominent LOS member who sells books defending slavery. During his speech, Tancredo speaks sharply about illegal immigrants and what he calls “the cult of multiculturalism.” He also decries those whom he says deny the “Christian principles enshrined in the US Constitution.” At the end of the speech, men in Confederate uniforms sing the Confederate anthem “Dixie,” and Tancredo joins in with the singing, though one reporter later writes that Tancredo seems “confused” by the singing of the song, and leaves the podium either during the song or shortly thereafter. After the event, Tancredo meets and confers with a number of LOS members on the steps of the museum, some of whom are dressed as Confederates. He displays some of the materials being distributed at the fundraiser, including a copy of the The Citizen’s Informer, the Council of Conservative Citizens’ newspaper. Tancredo later denies knowing anything about the history of the newspaper. After Tancredo’s appearance at the event is publicized, Tancredo spokesman Carlos Espinoza denies that the LOS had any connection with the event, calling the organization “a very racist and horrible group that is desperately trying to seem relevant by attaching themselves to an event that they had nothing to do with.” Espinoza goes on to defend neo-Confederates, claiming: “These aren’t racist people who spew out hate. These are just people remembering and cherishing their past.” Five days after the event, a group of 40 black churches joins with the Latino clergy group Confianza to condemn Tancredo’s appearance. Reverend Steven Dewberry says: “To join in singing ‘Dixie,’ to walk into a room that has a huge Confederate flag in it, that should have been his notice to walk out. Their [Confederate] past is our anguish, our slavery, our lynchings.” [Southern Poverty Law Center, 9/12/2006; Southern Poverty Law Center, 12/2006]

Entity Tags: League of the South, Carlos Espinoza, Americans Have Had Enough!, Confianza, Council of Conservative Citizens, Maurice Bessinger, Steven Dewberry, Richard T. Hines, Tom Tancredo, Lourie Salley

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Domestic Propaganda

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

Entity Tags: Justin Levitt, Brennan Center for Justice

Timeline Tags: Civil Liberties

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

Entity Tags: Rush Limbaugh, Jim Irsay, Roger Goodell

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Domestic Propaganda, 2008 Elections

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Domestic Propaganda

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

Entity Tags: Glenn Beck

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Domestic Propaganda

An anonymous chain email circulating through the Internet falsely claims that presidential candidate Barack Obama (D-IL) “was enrolled in a Wahabi school in Jakarta. Wahabism is the RADICAL teaching that is followed by the Muslim terrorists who are now waging Jihad against the western world.” PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, calls the accusation intended to promote a “Manchurian Candidate-style conspiracy theory” about Obama’s birth, his religion, and his citizenship. The email accurately notes that Obama’s father was African and born a Muslim (see January 11, 2008). Obama’s stepfather was Indonesian and raised as a Muslim. However, PolitiFact notes, both men were not religiously observant (Obama has described his father as a practicing atheist). Obama’s American mother was agnostic at best. Obama has said that he grew up with virtually no religious traditions. He has been a practicing Christian for decades (see January 6-11, 2008). “Madrassa” is an Arabic word for “school,” but Americans generally understand the word to mean a school where anti-Western Islamic ideology is taught. The email falsely claims that Obama attended a “madrassa” that engaged in a “RADICAL teaching that is followed by the Muslim terrorists who are now waging Jihad against the western world.” PolitiFact notes: “Westerners typically understand Wahabism to be an austere form of Islam based on a literal reading of the Koran. So is that the type of school Obama attended?” Obama attended a secular public school in Indonesia; a press investigation found the school to be “so progressive that teachers wore miniskirts and all students were encouraged to celebrate Christmas.” The school has never taught Wahabism or any other form of “fringe” Islam. News reports accurately indicate that Obama’s school registration form lists Obama’s religion as “Muslim,” but the form has several other errors, and, PolitiFact notes, “it seems reasonable to assume that he was registered as Muslim simply because his stepfather was Muslim.” Obama also attended a Catholic school in Indonesia for several years. PolitiFact concludes that the email is “a wholesale invention designed to frighten voters.” [St. Petersburg Times, 10/1/2007]

Entity Tags: Barack Obama, PolitiFact (.org )

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Domestic Propaganda, 2008 Elections

An anonymous chain email circulates throughout the Internet claiming that newly elected President Barack Obama took the oath of office for his former position as a US senator on a Koran, the holy book of Islam, and not a Christian Bible. Obama is a Christian (see January 6-11, 2008), though many of his opponents have insisted that he is a “covert Muslim” or Islamist radical (see April 18, 2008). The email misspells the name as “Kuran,” though it is either spelled Koran or Qu’ran. Two press reports from January 2005 confirm that when Obama was sworn into office as the junior senator from Illinois, he took the oath on his family Bible. The Obama presidential campaign has confirmed that Obama used his family Bible. Vice President Dick Cheney, in his role as president of the Senate, administered the oath. PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, concludes: “We suspect this false claim was inspired by the 2007 swearing-in of Representative Keith Ellison (D-MN), an American convert to Islam and the first Muslim elected to Congress. Ellison used a Koran that once belonged to Thomas Jefferson, borrowing the rare book from the Library of Congress. It goes without saying that Ellison is not Obama. And with its intent to inflame, we find the email’s allegation not only false, but pants-on-fire wrong.” [St. Petersburg Times, 12/19/2007]

Entity Tags: Keith Ellison, Barack Obama, PolitiFact (.org )

Timeline Tags: Domestic Propaganda

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

Entity Tags: US Department of Defense, WikiLeaks

Timeline Tags: Misc Entries, Domestic Propaganda

The sanctuary of Trinity United Churco of Christ.The sanctuary of Trinity United Churco of Christ. [Source: Chocolate City (.cc)]PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, investigates claims that Democratic senator Barack Obama (D-IL), a presidential candidate, belongs to “a racist, anti-American church.” The investigation concludes that Obama’s church, Trinity United Church of Christ in Chicago, “teaches black empowerment, not racism, and that it claims Africa as its ethnic heritage.” Anonymous emails “ricocheting around the Internet” claim that Obama should not be president because his church is “anti-American” and “scary,” and, somewhat contradictorily, that Obama is not a Christian, but a “covert Muslim” (see December 19, 2007 and January 11, 2008). The emails began within hours of Obama’s Democratic primary win in the Iowa caucuses. One email declares: “If you look at the first page of their Web site, you will learn that this congregation has a nonnegotiable commitment to Africa. No where [sic] is AMERICA even mention [sic]. Notice too, what color you need to be if you should want to join Obama’s church… B-L-A-C-K!!!” PolitiFact writes: “It’s the latest salvo in the email wars—anonymous missives launched into cyberspace seeking to frighten voters away from presidential candidates in the guise of friendly warnings. Typically they use kernels of truth, then launch into falsehood.” Chicago historian Martin Marty, a white religious expert who has attended Trinity United services in the past, says: “There’s no question this is a distortion.… Whites are highly accepted. They don’t make a fuss over you, but you’re very much welcomed.” PolitiFact finds that Trinity United is one of the larger black “megachurches” in the US, preaches a message of black self-reliance, and has as its motto, “Unashamedly Black and Unapologetically Christian.” The church does have a “nonnegotiable commitment to Africa.” However, it has no racial standards for its members, and does have white and other non-black members. Obama is a member who has attended regularly for years, though with the travails of recent presidential campaigning, his attendance has fallen off in recent weeks. The main focus of the email vitriol, aside from Obama, is Trinity’s senior pastor Jeremiah A. Wright Jr., who preaches passionately and focuses on what he calls “black liberation theology.” Obama has written in his memoir, The Audacity of Hope, that it was Wright’s preaching that inspired him to convert from a secular agnosticism to Christianity during the 1980s. He titled his memoir after one of Wright’s sermons. PolitiFact finds, “Trinity’s commitment to Africa appears to be more a statement of philosophical orientation than of political support for any particular African country,” and notes that the church’s Web site states, “Just as those of Jewish heritage advocate on behalf of the state of Israel, and those of Irish heritage advocate on behalf of Ireland, and those of Polish descent for Poland, so must we of African descent care about the land of our heritage—the continent of Africa.” Divinity professor Dwight Hopkins, an African-American member of Trinity, describes the church as “highly evangelical and Bible-based.” The preaching, he says, tends to be “common-sense folk wisdom laced with theological sophistication.… There’s singing and shouting and people get happy. It’s an old-fashioned, mainstream down-home church that somehow is captured in this 8,000-person congregation.” John C. Green, a political science professor, says scholars do not view black liberation theology as racist, but some outsiders may hold that opinion. “A black empowerment theology could be seen as having a racist element because it isn’t neutral in regards to race,” he says. “The person who wrote this email obviously has very strong feelings about this.” In February 2007, Obama said of his church and his faith: “Commitment to God, black community, commitment to the black family, the black work ethic, self-discipline, and self-respect. Those are values that the conservative movement in particular has suggested are necessary for black advancement. So I would be puzzled that they would object or quibble with the bulk of a document that basically espouses profoundly conservative values of self-reliance and self-help.” In recent weeks, Obama has distanced himself somewhat from Wright and Trinity, because, his campaign says, he wishes to avoid bringing an overwhelming influx of media attention onto the church. The campaign said in a statement, “[B]ecause of the type of attention it was receiving on blogs and conservative talk shows, he decided to avoid having statements and beliefs being used out of context and forcing the entire church to defend itself.” Fox News talk show host Sean Hannity has called Trinity’s teachings “divisive,” and engaged in what PolitiFact calls “a spirited debate” with Wright on one of his broadcasts. Conservative ethicist Michael Cromartie agrees with Hannity, saying: “It’s too strong to call it racist but at the same time, it is a form of identity politics or identity theology, which insists you white people can come to this church, but you won’t get it.” Trinity has stated: “There is no anti-American sentiment in the theology or the practice of Trinity United Church of Christ. To be sure, there is prophetic preaching against oppression, racism, and other evils that would deny the American ideal.” Green is reminded of the 1960 presidential election, when many opponents of candidate John F. Kennedy attacked Kennedy for being Catholic. “But we didn’t have the Internet back then,” he says. “This kind of communication has always gone on, but it moves much faster now.” [St. Petersburg Times, 1/6/2008; St. Petersburg Times, 1/6/2008; St. Petersburg Times, 1/11/2008]

Entity Tags: Trinity United Church of Christ, Michael Cromartie, PolitiFact (.org ), Barack Obama, Sean Hannity, Dwight Hopkins, John C. Green, Jeremiah A. Wright Jr, Martin Marty

Timeline Tags: Domestic Propaganda

The New Republic writes a January 8, 2008 article detailing years of racist, anti-Semitic, homophobic, and far-right conspiratorial content in the newsletters of libertarian Representative Ron Paul (R-TX—see 1978-1996). [New Republic, 1/8/2008] Hours after the article is published, Paul issues a statement, which reads in part: “The quotations in the New Republic article are not mine and do not represent what I believe or have ever believed. I have never uttered such words and denounce such small-minded thoughts. In fact, I have always agreed with Martin Luther King Jr. that we should only be concerned with the content of a person’s character, not the color of their skin.” After citing his admiration for another civil-rights era icon, Rosa Parks, Paul continues: “This story is old news and has been rehashed for over a decade. It’s once again being resurrected for obvious political reasons on the day of the New Hampshire primary [where Paul is a candidate for the Republican presidential nomination]. When I was out of Congress and practicing medicine full-time, a newsletter was published under my name that I did not edit. Several writers contributed to the product. For over a decade, I have publically taken moral responsibility for not paying closer attention to what went out under my name.” [Reason, 1/8/2008] Most reactions are strongly negative. Nick Gillespie of the libertarian magazine Reason calls the newsletters’ content “stunning,” “odious,” and “jaw-dropping.” Gillespie adds: “I don’t think that Ron Paul wrote this stuff but that really doesn’t matter—the newsletters carried his name after all.… It is hugely disappointing that he produced a cache of such garbage.” He calls Paul’s response “unsatisfying on about a thousand different levels.” [Reason, 1/8/2008] Radley Balko, also of Reason, writes that he “find[s] the prospect that Paul never read the newsletter implausible.” Reason senior editor Brian Doherty, who wrote a recent cover story enthusing over Paul’s candidacy, now writes that Paul’s “campaign’s reaction to this has been politically disastrous and given the third-rail nature of accusations of racism, Ron Paul’s campaign was likely fatally wounded.” [New Republic, 1/15/2008] David Boaz, a senior official of the libertarian Cato Institute, notes that Paul’s response indicates he is essentially unfit to be president, seeing as Paul’s defense has been, “I didn’t know what my closest associates were doing over my signature, so give me responsibility for the federal government.” Boaz writes that few at the Cato Institute were supportive of Paul even before the newsletters’ content became widely known: “We had never seen the newsletters that have recently come to light, and I for one was surprised at just how vile they turned out to be. But we knew the company Ron Paul had been keeping, and we feared that they would have tied him to some reprehensible ideas far from the principles we hold.” Paul may well have not written the newsletters, Boaz notes, “[b]ut he selected the people who did write those things, and he put his name on the otherwise unsigned newsletters, and he raised campaign funds from the mailing list that those newsletters created. And he would have us believe that things that ‘do not represent what I believe or have ever believed’ appeared in his newsletter for years and years without his knowledge. Assuming Ron Paul in fact did not write those letters, people close to him did. His associates conceived, wrote, edited, and mailed those words. His closest associates over many years know who created those publications. If they truly admire Ron Paul, if they think he is being unfairly tarnished with words he did not write, they should come forward, take responsibility for their words, and explain how they kept Ron Paul in the dark for years about the words that appeared every month in newsletters with ‘Ron Paul’ in the title.” Boaz notes that while many Paul supporters are angrily speculating about “conspiracies” leading to the expose of the newsletters (see January 12-15, 2008), they are not denying that Paul’s newsletters actually contained that content. Because of the content of these newsletters, Boaz writes, Paul “and his associates have slimed the noble cause of liberty and limited government.” [Cato at Liberty, 1/11/2008]

Entity Tags: The New Republic, Nick Gillespie, David Boaz, Cato Institute, Brian Doherty, Radley Balko, Ron Paul

Timeline Tags: Domestic Propaganda

A poster promoting ‘Hillary: The Movie.’A poster promoting ‘Hillary: The Movie.’ [Source: New York Times]The conservative lobbying group Citizens United (CU—see May 1998 and (May 11, 2004)) releases a film entitled Hillary: The Movie. The film is a lengthy diatribe attacking the character and career of Senator Hillary Clinton (D-NY), a leading candidate for the Democratic presidential nomination. Large portions of the film are comprised of conservative critics launching attacks against the personalities and character of Clinton and her husband, former President Clinton. CU president David Bossie (see May 1998) says he based his film on a documentary, Fahrenheit 9/11, released in 2004 by liberal filmmaker Michael Moore (see August 6, 2004), and calls it “a rigorously researched critical biography” comparable to the material presented on political talk shows such as Meet the Press. [Washington Post, 3/15/2009; Moneyocracy, 2/2012] Bossie intended for the film to be released in late 2007 and impact the 2008 race in the same way that he believes Fahrenheit 9/11 impacted the 2004 race. A cable company made the film, at a cost of $1.2 million, available for free to viewers on “video on demand.” Bossie also scheduled a small theater run for the film, but his primary focus was always cable television and the accompanying television advertisements. Knowing the film will probably run afoul of campaign law, he hired lawyers, first James Bopp Jr. (a former member of the far-right Young Americans for Freedom—YAF—and the former general counsel for the National Right to Life Committee—see November 1980 and After) [New Yorker, 5/21/2012] and later Theodore B. Olson, the former solicitor general under the Bush administration. Olson will later say the film is “a critical biographical assessment” that provides “historical information about the candidate and, perhaps, some measure of entertainment as well.” The New York Times calls it “a scathingly hostile look at Mrs. Clinton” replete with “ripe voice-overs, shadowy re-enactments, and spooky mood music.” The film also contains interviews and material from mainstream media reporters, and interviews with figures such as former CIA agent Gary Aldrich, who wrote a “tell-all” book about the Clinton administration, and with Kathleen Willey, who has claimed that Bill Clinton once made an unwelcome sexual advance towards her. Reviewer Megan Carpentier of Radar Online will trounce the movie, saying that it “scrolls through more than a decade of press clippings and a treasure trove of unflattering pictures in its one-sided romp” and will advise potential viewers to watch it “while inebriated in the manner of your choosing, and only if you don’t pay $10 for the privilege.” [New York Times, 3/5/2009] Bossie claims the movie has nothing to do with the impending primary elections. CU intends to show the movie in a small number of theaters but primarily on “video on demand” cable broadcasts, with accompanying television advertisements. In return for a $1.2 million fee, a cable television consortium has agreed to make the movie freely available to its customers as part of what CU calls its “Election ‘08” series. (CU has another negative documentary on Clinton’s Democratic challenger Barack Obama in the works—see October 28-30, 2008—but apparently has no plans to air any documentaries on Republican candidate John McCain or any other Republican presidential candidates.) However, the Federal Election Commission (FEC) refuses to allow the film to be aired on cable channels, or advertised for theater release, because the FEC considers the film “electioneering” and thus subject to campaign finance law (see March 27, 2002) restrictions. Moreover, the film and its planned distribution are funded by corporate donations. [United States District Court for the District Of Columbia, 1/15/2008; Richard Hasen, 1/15/2008; New Yorker, 5/21/2012] Bossie claims the film takes no position on Clinton’s candidacy, and says that if he had to vote between Hillary Clinton and Barack Obama, he would vote for Clinton. [New York Times, 3/5/2009]
Court Fight - Bopp, CU’s original lawyer, decides to pursue the same general aggressive course that he took in a recent successful Supreme Court campaign finance case, the Wisconsin Right to Life (WRTL) decision (see Mid-2004 and After). The Hillary film was envisioned from the outset to serve multiple purposes: to advance conservative ideology, damage Clinton’s presidential chances (despite Bossie’s claims), and generate profits. Bopp knows that the FEC would likely classify the film as a political advertisement and not a work of journalism or entertainment (see August 6, 2004), and therefore would fall under campaign law restrictions. Before the film is officially released, Bopp takes the film to the FEC for a ruling, and when the FEC, as expected, rules the film to be “electioneering communication” that comes under campaign law restrictions, Bopp files a lawsuit with the Washington, DC, federal district court. The court rules in favor of the FEC judgment, denying CU its request for a preliminary injunction against the FEC’s ruling. The court specifically finds that the WRTL decision does not apply in this case. “[I]f the speech cannot be interpreted as anything other than an appeal to vote for or against a candidate, it will not be considered genuine issue speech even if it does not expressly advocate the candidate’s election or defeat,” the court states. The court also questions CU’s statement that the film “does not focus on legislative issues.… The movie references the election and Senator Clinton’s candidacy, and it takes a position on her character, qualifications, and fitness for office.” Film commentator Dick Morris has said of the film that it will “give people the flavor and an understanding of why she should not be president.” The court rules, “The movie is 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.” (During arguments, Bopp says that the film is much like what a viewer would see on CBS’s evening news show 60 Minutes, and Judge Royce Lamberth laughs aloud, saying: “You can’t compare this to 60 Minutes. Did you read this transcript?” Other judges find it problematic that one of the film’s central “issues” is its assertion that Clinton is, in Bopp’s words, “a European socialist,” but still claims not to be overtly partisan.) [Mother Jones, 1/13/2008; United States District Court for the District Of Columbia, 1/15/2008; Richard Hasen, 1/15/2008; New Yorker, 5/21/2012]
Supreme Court Appeal - CU appeals the court’s decision directly to the Supreme Court. Bossie soon decides to replace Bopp with Olson, a far more prominent figure in conservative legal circles. Toobin will write: “Ted Olson had argued and won Bush v. Gore (see 9:54 p.m. December 12, 2000), and was rewarded by President Bush with an appointment as solicitor general. Olson had argued before the Supreme Court dozens of times, and he had a great deal of credibility with the justices. He knew how to win.” [Richard Hasen, 1/15/2008; New Yorker, 5/21/2012]
Previous Attempt - In September 2004, Bossie and CU attempted, without success, to release a similar “documentary” supporting President Bush and attacking Democratic presidential candidate John Kerry (D-MA) on television, just weeks before the presidential election. The FEC turned down the group’s request. The FEC did allow the film to be shown in theaters (see September 8, 2004 and September 27-30, 2004).
'Ten-Year Plan' - Bopp will later reveal that the lawsuit is part of what he will call a “10-year plan” to push the boundaries of campaign finance law, and that he urged Bossie and other CU officials to use the documentary as a “test case” for overturning the body of law (see January 25, 2010).

Entity Tags: William Jefferson (“Bill”) Clinton, Kathleen Willey, Megan Carpentier, Theodore (“Ted”) Olson, New York Times, Michael Moore, John McCain, Royce Lamberth, James Bopp, Jr, Dick Morris, Gary Aldrich, Barack Obama, Bush administration (43), Hillary Clinton, Citizens United, David Bossie, Federal Election Commission, Clinton administration

Timeline Tags: Civil Liberties, 2008 Elections

PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, debunks Internet claims that Senator Barack Obama (D-IL), a presidential candidate, is a covert Muslim whose middle name is Mohammed. The claims appear to be sourced from anonymous emails circulating throughout right-wing blogs and organizations. PolitiFact writes: “First off, Barack Obama’s middle name is not Mohammed; it’s Hussein. He was named after his father, a Kenyan who came to the United States from Africa as a student.” PolitiFact also verifies that Obama is not a Muslim, “covert” or otherwise. Obama is a member of the Trinity United Church of Christ in Chicago (see January 6-11, 2008). PolitiFact notes that the emails contradict themselves, on the one hand making the claim that Obama is a Muslim and on the other attacking his membership in Trinity United. Obama campaign spokesman Robert Gibbs has said, “To be clear, Senator Obama has never been a Muslim, was not raised a Muslim, and is a committed Christian who attends the United Church of Christ in Chicago.” [St. Petersburg Times, 1/11/2008; St. Petersburg Times, 1/11/2008] PolitiFact does further investigation and again debunks the claims months later (see April 18, 2008). PolitiFact has already debunked earlier claims that in 2005, Obama took his Senate oath of office on a Koran, when in reality he used his family Bible (see December 19, 2007).

Entity Tags: Robert Gibbs, PolitiFact (.org ), Barack Obama, Trinity United Church of Christ

Timeline Tags: Domestic Propaganda

At least one supporter of far-right libertarian Representative Ron Paul (R-TX) argues that a recently published article in the New Republic that exposed the overtly racist and conspiratorial content in Paul’s newsletters (see 1978-1996) was the result of a conspiracy by “beltway libertarians” from the Cato Institute to discredit Paul. According to Thomas DiLorenzo, the Koch family (see 1979-1980), who provide much of the funding for the Cato Institute (see 1977-Present and 1981-2010), is behind the conspiracy. “Proof” of this conspiracy, according to DiLorenzo, is that James Kirchick, the author of the article, has said he found many of the newsletters in the University of Kansas library; Charles Koch “is a major patron” of that university. DiLorenzo asks, “How on earth would a kid just out of college know to go to a library in Kansas, of all places, to dig up such stuff?” DiLorenzo goes on to say that he “recognized a paragraph [in Kirchick’s article] that was identical to one written on several occassions by one of the especially hate-filled Beltway losers who works at a DC ‘think tank’ on his spleen-venting personal blog. Either he wrote it or coached the author.” Author David Bernstein, who notes that the Cato Institute is preparing to publish a book of his, speculates that Kirchick may have used an Internet database called Wordcat to find the Paul newsletters, and writes, “Even ‘kids just out of college’ often know how to use the Internet, I believe.” And Kirchick calls DiLorenzo’s conspiracy theorizing “comically credulous.” [New Republic, 1/8/2008; Thomas DiLorenzo, 1/12/2008; David Bernstein, 1/12/2008; New Republic, 1/15/2008] DiLorenzo publishes his theory on the blog of former Paul chief of staff Lew Rockwell, who runs the Ludwig von Mises Institute, a libertarian think tank in Alabama closely allied with Paul. [Thomas DiLorenzo, 1/12/2008] A week after the publication of the first New Republic article, Paul will deny having virtually any involvement with his newsletters (see January 16, 2008).

Entity Tags: Ron Paul, James Kirchick, David Bernstein, Charles Koch, Cato Institute, Lew Rockwell, Ludwig von Mises Institute, Thomas DiLorenzo, The New Republic

Timeline Tags: Domestic Propaganda, 2008 Elections

Republican political strategist Dick Morris falsely claims that “Clinton appointees” on the Federal Election Commission (FEC) are preventing the advocacy group Citizens United (CU) from airing its new documentary, Hillary: The Movie (see January 10-16, 2008). However, the head of CU, David Bossie (see May 1998), says that the organization can indeed show the documentary. Morris, appearing as a guest on Fox News’s Hannity and Colmes, tells co-host Alan Colmes that the FEC “won’t let us run” the film “in movie theaters.” He explains, “The Clinton appointees [on the FEC] are blocking it.” However, Bossie tells a Washington Times reporter, “I can put it in theaters, I just can’t let anybody know it’s there.” The FEC requires CU to comply with disclosure requirements under campaign finance law if it wishes to advertise the movie, a requirement the organization is unwilling to meet. (The day after Morris’s appearance, a court rules that CU must disclose its donors in order to advertise the film—see January 15, 2008.) Morris was originally a producer of the film before stepping away from the project, but has said that he appears in the film as a commentator. [Media Matters, 1/16/2008] CU will release the film in theaters the next day (see January 10-16, 2008).

Entity Tags: Federal Election Commission, Alan Colmes, Citizens United, Washington Times, David Bossie, Dick Morris

Timeline Tags: Civil Liberties, 2008 Elections

A three-judge panel rules that the conservative advocacy group Citizens United (CU) must agree to reveal the identities of the donors that made its documentary on presidential candidate Hillary Clinton possible, if it intends to advertise the film. The film, entitled Hillary: The Movie, is considered by the Federal Election Commission (FEC) to be “electioneering,” or the communication of partisan political views, as opposed to a more objective documentary as CU claims. CU challenged the FEC in court in a December 2007 filing, claiming that “issue-oriented television ads are protected by the First Amendment and should not be subject to disclosure requirements under McCain-Feingold campaign finance law,” referring to the Bipartisan Campaign Reform Act of 2002 (BCRA—see March 27, 2002). Under the BCRA, partisan political communications such as the CU film are subject to blackout periods in a specific period before elections. The Supreme Court ruled that so-called “issue ads” can be run by partisan political groups such as CU (see Mid-2004 and After), but the FEC has ruled that such “issue ads” must include disclaimers, and the producers of the ads must file reports that name the ads’ contributors. CU is challenging such disclosure requirements, saying that advertisements for the Clinton film are commercial in nature and not political, and therefore protected under the First Amendment from being forced to disclose donor information. The court rules otherwise. [United States District Court for the District Of Columbia, 1/15/2008 pdf file; Washington Times, 1/16/2008; Media Matters, 1/16/2008]

Entity Tags: Hillary Clinton, Bipartisan Campaign Reform Act of 2002, Citizens United, Federal Election Commission, US Supreme Court

Timeline Tags: Civil Liberties, 2008 Elections

A September 2007 photo of Ron Paul and Don Black, the former Klansman who runs the racist Stormfront.org Web site.A September 2007 photo of Ron Paul and Don Black, the former Klansman who runs the racist Stormfront.org Web site. [Source: BTX3 (.com)]An article in the libertarian newsletter Reason discusses the controversy surrounding the racist, homophobic, and anti-Semitic material printed in newsletters issued by US Representative Ron Paul (R-TX) from 1978 through at least 1996 (see 1978-1996). The controversy has erupted in recent weeks after an article by the New Republic publicized the newsletters and prompted Paul’s disassociation from those publications (see January 8-15, 2008). Paul, a self-described libertarian, has waffled on claiming authorship of the newsletters; he has gone from saying in 1996 that he wrote all the material in them (see May 22 - October 11, 1996) to more recently claiming that he wrote virtually none of their content and knew little of what was being published under his name for nearly 20 years. (In 2001 he told a reporter that in 1996 he did not admit that a ghostwriter wrote most of the material because to do so would have been “confusing” for voters (see October 1, 2001); this year, Paul is claiming to have virtually no knowledge of anything printed in the newsletters.) In mid-January, he told a CNN reporter that he had “no idea” who wrote some of the racially inflammatory rhetoric in his newsletters, and said he repudiated the flagrantly bigoted material printed therein.
Conservative Libertarian Said to Be Paul's 'Ghostwriter' - According to Reason reporters Julian Sanchez and David Weigel, some libertarian activists, including some close to Paul, name Paul’s “ghostwriter” to be Llewellyn “Lew” Rockwell Jr. Rockwell is the founder of the Ludwig von Mises Institute, a libertarian think tank in Alabama with which Paul has maintained close ties. Rockwell was Paul’s Congressional chief of staff from 1978 through 1982, and was vice president of Ron Paul & Associates, which published two of Paul’s newsletters before its dissolution in 2001. Sanchez and Weigel note, “During the period when the most incendiary items appeared—roughly 1989 to 1994—Rockwell and the prominent libertarian theorist Murray Rothbard championed an open strategy of exploiting racial and class resentment to build a coalition with populist ‘paleoconservatives,’ producing a flurry of articles and manifestos whose racially charged talking points and vocabulary mirrored the controversial Paul newsletters unearthed by the New Republic.” Rockwell is to this day a close friend and adviser to Paul, accompanying him to major media appearances, promoting his presidential candidacy, publishing his books, and selling Paul’s writings and audio recordings. Rockwell has denied writing any of the newsletters’ content, and refused to be interviewed by Sanchez and Weigel. He has called discussion of the newsletters “hysterical smears aimed at political enemies” of the New Republic. Paul himself calls the controversy “old news” and “ancient history.” A source close to the Paul presidential campaign says Rockwell indeed wrote much of the newsletters’ content, and says: “If Rockwell had any honor he’d come out and I say, ‘I wrote this stuff.’ He should have done it 10 years ago.” Former American Libertarian (AL) editor Mike Holmes says that Rockwell was Paul’s chief ghostwriter as far back as 1988, when Rockwell wrote material for AL under Paul’s name. “This was based on my understanding at the time that Lew would write things that appeared in Ron’s various newsletters,” Holmes says. “Neither Ron nor Lew ever told me that, but other people close to them such as Murray Rothbard suggested that Lew was involved, and it was a common belief in libertarian circles.” A Rockwell associate, Wendy McElroy, says Rockwell’s identity as Paul’s ghostwriter is “an open secret within the circles in which I run.” Timothy Wirkman Virkkala says he and members of the libertarian magazine Liberty, which he used to edit, knew that Rockwell wrote material under Paul’s name, as did Rothbard on occation.
Change in Strategy: 'Outreach to the Rednecks' - Sanchez and Weigel note: “The tenor of Paul’s newsletters changed over the years. The ones published between Paul’s return to private life after three full terms in Congress (1985) and his Libertarian presidential bid (1988) notably lack inflammatory racial or anti-gay comments. The letters published between Paul’s first run for president and his return to Congress in 1996 are another story—replete with claims that Martin Luther King ‘seduced underage girls and boys,’ that black protesters should gather ‘at a food stamp bureau or a crack house’ rather than the Statue of Liberty, and that AIDS sufferers ‘enjoy the attention and pity that comes with being sick.’” They also note that the newsletters were a significant source of funding for Paul’s campaigns. Former Paul campaign aide Eric Dondero, who after leaving the organization in 2004 has become one of Paul’s most notable critics, says that Paul’s staff learned between his stints in Congress that “the wilder they got, the more bombastic they got with it, the more the checks came in. You think the newsletters were bad? The fundraising letters were just insane from that period.” Ed Craig, the president of the libertarian Cato Institute, says he remembers a time in the late 1980s when Paul boasted that his best source of Congressional campaign donations was the mailing list for The Spotlight, the conspiracy-mongering, anti-Semitic tabloid run by Holocaust denier and white supremacist Willis Carto until it folded in 2001. Rockwell and Rothbard broke with the Libertarian Party after the 1988 presidential election, and formed what the authors call “a schismatic ‘paleolibertarian’ movement, which rejected what they saw as the social libertinism and leftist tendencies of mainstream libertarians. In 1990, they launched the Rothbard-Rockwell Report, where they crafted a plan they hoped would midwife a broad new ‘paleo’ coalition.” Rockwell wrote in 1990 that his new libertarian movement must embrace overtly conservative values, including values he called “right-wing populism.” The strategy was codified in what he called “Outreach to the Rednecks,” and embraced overtly racist, homophobic, and anti-Semitic views. Rockwell looked to Senator Joseph McCarthy (R-WI), the leader of the 1950s “Red Scare,” and former Ku Klux Klan leader David Duke as models for the new strategy. The newly, flagrantly racist material in Paul’s newsletters were apparently part of Rockwell’s “paleolibertarian” strategy. The strategy encompassed values espoused by Paul, including what the authors cite as “tax reduction, abolition of welfare, elimination of ‘the entire ‘civil rights’ structure, which tramples on the property rights of every American,’ and a police crackdown on ‘street criminals.’” Rockwell envisioned Paul as the leader of the new movement until 1992, when Republican presidential candidate Pat Buchanan convinced Paul to withdraw from the 1992 campaign and back his candidacy instead. At that point, Rockwell called himself and his fellow “paleolibertarians” “Buchananites” who could choose “either Pat Buchanan or David Duke” to represent them.
Change in Tone - In recent years, Paul has suspended his newsletters, disavowed the racism, homophobia, and anti-Semitism of their content, and presented himself as a conservative libertarian who idolizes Dr. Martin Luther King Jr. and embraces people of all races and religions. Sanchez and Weigel conclude that Paul is trying to bring a new generation of minorities into the libertarian fold, and write: “Ron Paul may not be a racist, but he became complicit in a strategy of pandering to racists—and taking ‘moral responsibility’ for that now means more than just uttering the phrase. It means openly grappling with his own past—acknowledging who said what, and why. Otherwise he risks damaging not only his own reputation, but that of the philosophy to which he has committed his life.” [Reason, 1/16/2008]

Entity Tags: Mike Holmes, Julian Sanchez, Joseph McCarthy, Eric Dondero, Ed Craig, David Weigel, David Duke, Ludwig von Mises Institute, Willis Carto, Patrick Buchanan, The New Republic, Wendy McElroy, The Spotlight, Ron Paul and Associates, Reason, Murray Rothbard, Timothy Wirkman Virkkala, Lew Rockwell, Ron Paul

Timeline Tags: Domestic Propaganda

Reporters show that Senator Barack Obama (D-IL), a leading Democratic presidential candidate, was never educated in a “madrassa,” or Islamic school, as some of his political enemies claim. Insight Magazine, a subsidiary of the conservative Washington Times, recently reported that the presidential campaign of Senator Hillary Clinton (D-NY) had unearthed information showing that Obama was educated in an Indonesian madrassa during his childhood. The Clinton campaign disputes that it is the source of the story, and calls it “an obvious right-wing hit job.” Obama indeed lived in Indonesia from 1967 through 1971, with his mother and stepfather, but was not educated in a madrassa. Instead, Obama, who was six when his family moved to Indonesia, attended the Basuki School from 1969 through 1971. According to a school official: “This is a public school. We don’t focus on religion.” CNN correspondent John Vause, who visited the school, reports: “I came here to Barack Obama’s elementary school in Jakarta looking for what some are calling an Islamic madrassa… like the ones that teach hate and violence in Pakistan and Afghanistan.… I’ve been to those madrassas in Pakistan… this school is nothing like that.” A former classmate of Obama’s says the school was not radical in 1969: “It’s not [an] Islamic school. It’s general.… There is a lot of Christians, Buddhists, also Confucian.… So that’s a mixed school.” Associated Press reporters also visit two other schools attended by Obama, the SDN Menteng 1 and Fransiskus Assisi. SDN Menteng 1 is a secular public school, according to its vice principal, while Fransiskus Assisi is, according to the Indonesian Ministry of Religious Affairs, “clearly a Catholic school.” After the Insight story is repeated on Fox News, the Obama campaign calls those broadcasts “appallingly irresponsible.” [CNN, 1/22/2008; Associated Press, 1/24/2008] Despite the debunking, some conservative radio hosts continue to assert that Obama is a Muslim (see January 10, 2008, February 21, 2008, April 3, 2008, July 10, 2008, August 1, 2008 and After, August 21, 2008, and September 10, 2008).

Entity Tags: Indonesian Ministry of Religious Affairs, Barack Obama, Basuki School, Hillary Clinton, John Vause, Fransiskus Assisi, Insight Magazine, SDN Menteng 1

Timeline Tags: Domestic Propaganda, 2008 Elections

CNN Headline News talk show host Glenn Beck tells his viewers that if presidential candidate Hillary Clinton (D-NY) wants to be consistent with her belief in affirmative action, she should give her opponent, African-American candidate Barack Obama (D-IL), “an additional five percentage points just for the years of oppression.” Beck makes his statement after asserting that anyone mentioning Obama’s race in a denigrating or derogatory fashion is “insulting,” and something only “professional separators” would attempt: “All they do is pull us apart so they can angle and try to grab as many people and ignite their base—and it’s outrageous. And it’s happening on all sides, on all issues, and it has got to stop or we’re going to disintegrate.” [CNN, 1/25/2008; Media Matters, 1/28/2008]

Entity Tags: Barack Obama, Hillary Clinton, Glenn Beck

Timeline Tags: Domestic Propaganda

President Bush makes racially charged statements while addressing an audience at a Republican fundraiser in Hillsborough, California, outside San Francisco. The fundraiser, hosted by the chairman of an investment firm, raises $1.5 million for the Republican National Committee. [San Francisco Chronicle, 1/31/2008] The media will not learn about Bush’s remarks until late 2009, when former Bush administration speechwriter Matt Latimer publishes his book, Speechless: Tales of a White House Survivor. Latimer will write: “He talked about his own failings with alcoholism as the reason he supported his faith-based initiative. ‘My philosophy is, find somebody who hurts and do something about it,’ he said. ‘Don’t wait for government to tell you what to do.’ He bluntly talked about his own situation. ‘I was beginning to love alcohol over my wife and kids. It got to a point when Billy Graham came into my life. But I was hardheaded and didn’t want to listen for a while. And then I stopped drinking overnight. I am a one-man faith-based initiative. Alcohol was competing for my affections. And it would have ruined me.’ He said things that could ruffle feathers, such as how he’d recently gone to a faith-based program run by ‘former drunks.’ He said he went to see a prison ministry program, noting that ‘everyone was black, of course.’ All eyes turned in search of the sole African American in the audience of donors. They wanted to see if he was offended.” Latimer will write that the sole African-American donor did not “appear to be” offended, and will defend Bush, writing that he “didn’t mean it in a derogatory way. He just liked making blunt observations to shock his audience.” [Think Progress, 9/23/2009]

Entity Tags: Republican National Committee, Bush administration (43), George W. Bush, Matt Latimer

Timeline Tags: Domestic Propaganda

Michael Savage.Michael Savage. [Source: Portland Indymedia]As reported by progressive media watchdog site Media Matters, conservative radio host Michael Savage calls the Democratic presidential primary race, now between African-American Barack Obama and female Hillary Clinton, “the first affirmative-action election in American history.” Savage says: “We have a woman and a multi-ethnic man running for office on the Democrat side. Is this not akin to an affirmative action election? Isn’t that why the libs are hysterical, tripping over themselves to say amen and yes to this affirmative election vote?” Because Americans do not support affirmative action, Savage asserts, voters will reject either Democratic candidate in the November presidential elections. “When they are heard from, the affirmative action ticket goes down in flames… I don’t really care who’s gonna be on the other side, they win. America’s not ready for an affirmative action presidency. I stand by those words.” Savage goes on to characterize Democratic supporters as “radical red-diaper doper babies from Brooklyn who made a fortune in the film business by urinating on the American flag and decimating the American value, the values that you grew up loving. They [are t]he ones who made a fortune hating America.” [Media Matters, 2/4/2008]

Entity Tags: Michael Savage, Barack Obama, Media Matters, Hillary Clinton

Timeline Tags: Domestic Propaganda, 2008 Elections

Senator Barack Obama, during a 2006 visit to Somalia.Senator Barack Obama, during a 2006 visit to Somalia. [Source: Associated Press]Conservative radio hosts such as Dan Caplis and “Gunny” Bob Newman use a photo of Democratic presidential candidate Barack Obama wearing traditional Kenyan robes to imply that Obama has terrorist sympathies. As reported by progressive media watchdog site Media Matters, Caplis says the photo shows Obama wearing “the same type of turban and clothing that Osama bin Laden wears,” while Newman asks, “[W]hy do you think Obama really had the photo taken, dressed up as a Somali warlord?” The photo was taken during an August 2006 visit by Obama to Kenya, where his father was born. [Media Matters, 2/25/2008] It was published a few days ago by the conservative Drudge Report. According to Yusuf Garaad Omar, head of the BBC’s Somali Service, the robes are “the normal clothes that nomadic people wear. The head turban is especially used by elderly people as a suggestion of respect. It is something that has no meaning whatsoever in Somalia culture. If you see someone dressed like that in Somalia, you think it is a nomadic person—that is all. There is no religious significance to it whatsoever. It is mainly the nomadic people who use it. Some of them are religious, some are not. It is simply a tradition of the place where they are from. In this particular place, Wajir in north-east Kenya, the community is majority ethnic Somali.… This debate reminds me of people back home in Somalia, who say that women should not wear trousers, or other cultures who say men should not wear a tie. I just don’t think it makes sense.” [BBC, 2/26/2008] Caplis asks his listeners why Obama would “put on similar clothing to the outfit worn by the man who personally ordered thousands of Americans, including women and kids, to be burned to death,” and says that “it would be as if [former President] John Kennedy had gone out and thrown on the fatigues and the funny baseball hat that Castro wore.” Newman, like Caplis a nationally syndicated Clear Channel talk show host, tells his audience, according to Media Matters: “We were five years into the war on terror when Obama knowingly and willingly dressed up in Somali warlord garb to have his photo taken.” He asks if Obama wore the robes “to garner support from Muslim-Americans who ideologically support Muslim terrorists?” and then asks, “Would it have been right for [former President] Harry Truman to dress up like a Nazi in 1948?” Caplis also tells his audience, “[Obama’s] middle name is Hussein, which should not be held against him for a second; his last name rhymes with Osama, which should not be held against him for a second.” [Media Matters, 2/25/2008] Months later, Newman will tell his listeners that an Obama presidency will welcome “an invasion of Muslim terrorists” (see July 10, 2008).

Entity Tags: Bob Newman, Clear Channel Communications, John F. Kennedy, Media Matters, Barack Obama, Harry S. Truman, Dan Caplis, Osama bin Laden, Yusuf Garaad Omar, Fidel Castro

Timeline Tags: Domestic Propaganda, 2008 Elections

Larry Niven.Larry Niven. [Source: Larry Niven]A group of science fiction writers calling themselves SIGMA is engaged in advising the Department of Homeland Security (DHS) on how to protect the nation. Undersecretary of Science and Technology Jay Cohen says he likes their unconventional thinking. Two of the approximately 24 members are right-wing libertarian authors Jerry Pournelle and Larry Niven, who have collaborated on a number of books as well as writing numerous novels and short stories on their own. One of Niven’s more controversial ideas is to help hospitals stem financial losses by spreading rumors in Spanish within the Latino community that emergency rooms are killing patients in order to harvest their organs for transplants. Niven believes the rumors would discourage Latinos from using the nation’s emergency rooms and thus ease the burden on hospitals. “The problem [of hospitals going broke] is hugely exaggerated by illegal aliens who aren’t going to pay for anything anyway,” Niven says. Pournelle asks, somewhat jokingly, “Do you know how politically incorrect you are?” Niven replies, “I know it may not be possible to use this solution, but it does work.” [National Defense Magazine, 2/28/2008] One blogger, apparently angered by Niven’s proposal, later writes that Niven’s idea comes from his “magical, mystical fictional universe where hospitals don’t have to treat rednecks who OD on meth, insurance companies aren’t inflating the cost of hospital care, under-regulated drug companies aren’t making massive profits, and uninsured children of hardworking parents don’t fall off skateboards.” [Mark Frauenfelder, 3/28/2008]

Entity Tags: US Department of Homeland Security, Jay Cohen, Jerry Pournelle, Larry Niven, SIGMA

Timeline Tags: US Health Care, Domestic Propaganda

A recent spate of chain email attacks on presidential contender Barack Obama (D-IL) include claims that Obama may be the Antichrist of Biblical prediction. PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, notes that the email entirely distorts the words of the Book of Revelation to make its claim. The email reads: “According to The Book of Revelations the anti-christ is: The anti-christ will be a man, in his 40s, of MUSLIM descent, who will deceive the nations with persuasive language, and have a MASSIVE Christ-like appeal.… the prophecy says that people will flock to him and he will promise false hope and world peace, and when he is in power, will destroy everything is it OBAMA??… I STRONGLY URGE each one of you to repost this as many times as you can! Each opportunity that you have to send it to a friend or media outlet… do it! If you think I am crazy… Im sorry but I refuse to take a chance on the ‘unknown’ candidate.” PolitiFact notes that there are at least 635,000 hits on Google for the search term “Obama + Antichrist,” indicating that the subject has a certain interest to many. There are also literally thousands of blog posts about “Barack Obama the Antichrist” and such. PolitiFact states flatly, “Nothing about this detailed allegation is true.” According to PolitiFact’s research, which includes interviews with two religious scholars, the email makes a number of egregious errors.
bullet The email misstates the name of the “Book of Revelation” as “Revelations.”
bullet The email falsely says that the Book of Revelation uses the term “anti-christ” or any such term. Religious studies professor Dr. James D. Tabor tells PolitiFact: “The word Antichrist is not used in the Book of Revelation so this is important to point out. Everybody thinks the word is used.” Dr. L. Michael White, a professor of classics and religious studies, adds, “First and foremost, the word Antichrist and a figure called the Antichrist never occurs in the Book of Revelation in the New Testament.” There are characters in Revelation that some interpret as being the Antichrist, particularly one beastly figure in Chapter 13 “having seven heads and ten horns, and upon his horns ten crowns, and upon his heads the name of blasphemy” that some consider to be an allusion to the Antichrist. “It’s only in Chapter 13 and you could almost miss it,” Tabor says. White notes that most Biblical scholars do not consider that figure to represent the Antichrist. “It wasn’t there in the Bible,” he says. “It emerges in the Middle Ages. It’s something historians deal with.” The term does appear a few times in other books of the Bible, specifically First John and Second John.
bullet The Bible does not identify the Antichrist as a man of any particular age. Nowhere does it describe “a man, in his 40s,” as the e-mail alleges. “As you notice, there’s nothing about being age 40,” Tabor says. “This is completely wrong. The Book of Revelation doesn’t say that. It says it’s a male, so I guess they got that right. It says ‘he,’ ‘he,’ ‘he.’”
bullet The Bible does not identify the Antichrist as being Muslim; Islam was not founded as a religion until 400 years after the completion of the various books of the Bible. “A Muslim would be a monotheist and the last thing a Muslim would do is have anyone worship anyone other than God,” says Tabor. And Obama is a Christian, not a Muslim (see October 1, 2007, December 19, 2007, and January 11, 2008).
According to White, the email lifts much of its information from the Left Behind series, a group of post-apocalyptic novels written by Christian-right preacher Tim LaHaye and his co-author, Jerry Jenkins. The email is, White says, “a jigsaw puzzle of bits and pieces all filtered through the kind of end-of-world scenarios we get in the theology that is the underpinning of the Left Behind novels.” He says this kind of “patchwork interpretation of the Bible” is used by groups who wish to justify certain beliefs. “Of course, they never bothered to read the Scriptures carefully,” he says, “so it’s kind of a system of interpretation. That if you start with that presupposition… it’s all there you can just find it.… That description [in the chain email] never occurs anywhere in one place nor are the component parts really about the same situation. It’s a cherry-picking through Scripture to get it all to fit together.” PolitiFact calls the email’s claim “egregiously inaccurate.” [St. Petersburg Times, 3/19/2008]

Entity Tags: James D. Tabor, Barack Obama, L. Michael White, Tim LaHaye, Jerry Jenkins, PolitiFact (.org )

Timeline Tags: Domestic Propaganda

The Supreme Court dismisses an appeal by the political advocacy group Citizens United (CU) that argued the group’s First Amendment rights had been violated by the Federal Election Commission (FEC). The Court had agreed to hear CU’s case that it should be allowed to broadcast a partisan political documentary about Democratic presidential candidate Hillary Clinton, Hillary: The Movie, on cable television networks in the days before critical primary elections (see January 10-16, 2008). The Court did not rule on the merits of the case, but instead ruled that CU should have filed its case first with the federal appeals court in Washington. The ruling does not dismiss the case entirely, but makes it unlikely that the Court will rule on the campaign law issues surrounding the case (see March 27, 2002) before the November 2008 elections. Lawyer James Bopp, representing CU, says, “It is our intention to get the case expeditiously resolved on the merits in the district court, and then if we are unsuccessful there, to appeal” again to the Court. Bopp accuses Justice Department lawyers of trying to slow down the case to prevent it being resolved before the election. CU also wants to release a similar documentary about the other leading Democratic presidential contender, Barack Obama (D-IL—see October 28-30, 2008), in a similar fashion to its planned widespread release of the Clinton film. Justice Stephen Breyer, one of the Court’s more liberal members, says in the order dismissing the appeal that had the case been taken up, he would have affirmed the previous decision in favor of the FEC. None of the other justices made any public statement about the case. The case will be heard by the Washington, DC, federal appeals court. [Christian Science Monitor, 3/24/2008] The appeals court will find against CU, and the organization will reapply to the Court for a hearing, an application which will be granted (see March 15, 2009).

Entity Tags: James Bopp, Jr, Barack Obama, Citizens United, Federal Election Commission, Hillary Clinton, US Department of Justice, US Supreme Court, Stephen Breyer

Timeline Tags: Civil Liberties

John Kasich, stumping for governor in 2010.John Kasich, stumping for governor in 2010. [Source: CleveScene (.com)]Fox News contributor John Kasich (R-OH), a former US representative and a current managing partner of the financial firm Lehman Brothers, announces that he intends to challenge Governor Ted Strickland (D-OH) in the 2010 midterm elections. Basic journalist ethics require Fox News to terminate its contract with Kasich and treat him as a candidate for office in future broadcasts. Instead, Kasich remains a Fox News employee until June 1, 2009, when he formally launches his bid for governor of Ohio. He regularly promotes his candidacy on Fox broadcasts, most often on the highly rated O’Reilly Factor, where he is a frequent guest and sometime guest host. Fox News commentators frequently laud Kasich; on June 17, 2008, Republican political analyst and paid Fox contributor Frank Luntz says he is “hoping that Kasich runs for governor of Ohio. I think John would be an outstanding candidate.” On July 15, 2008, talk show host Sean Hannity tells Kasich: “I’m advocating that you run for governor one day. And you’re not.… You’re not going along at all.” Kasich will continue to appear as a regular guest on Fox News programming after he formally launches his bid and Fox terminates its contract with him. He will make frequent appearances on Hannity’s show, where Hannity calls him “governor” and “soon-to-be governor,” and holds a fundraiser for Kasich in October 2009. On The O’Reilly Factor, Fox will show the URL for Kasich’s campaign Web site. On July 8, 2009, Hannity will tell Kasich on air: “You do me a favor. Go get elected governor, although why you would ever want that job, you’re out of your mind, but good luck. And I’m supporting you in the effort.” Kasich will also receive two $10,000 contributions from News Corporation, the parent company of Fox News. [Columbus Dispatch, 3/27/2008; Media Matters, 9/24/2010] Kasich will narrowly defeat Strickland in the 2010 gubernatorial elections. [Associated Press, 11/3/2010] After two months in office, his draconian budget cuts, insults to law enforcement officials and minorities, and heavy-handed attacks on unions will send his popularity plummeting and in April 2011 will spark a recall effort. [Think Progress, 4/11/2011]

Entity Tags: John Kasich, Fox News, Bill O’Reilly, Frank Luntz, News Corporation, Sean Hannity, Theodore (“Ted”) Strickland

Timeline Tags: Domestic Propaganda

Representative Geoff Davis (R-KY) calls presidential contender Senator Barack Obama (D-IL) “that boy” in a speech. “Boy” is a well-known racial slur, especially among Southern Americans. At a dinner commemorating “Lincoln Day” in northern Kentucky sponsored by the state GOP, Davis tells his listeners that he once participated in a “highly classified national security simulation” with Obama. “I’m going to tell you something,” he says. “That boy’s finger does not need to be on the button. He could not make a decision in that simulation that related to a nuclear threat to this country.” Once the slur is reported by Politico, Davis sends a letter of apology to Obama over his “poor choice of words.” He adds, “I offer my sincere apology to you and ask for your forgiveness.” Davis does not refer to his characterization of Obama as unable to protect the nation based on his assessment of Obama’s actions during a national security simulation. [Politico, 4/14/2008; Politico, 4/14/2008]

Entity Tags: Geoffrey C. (“Geoff”) Davis, Barack Obama

Timeline Tags: Domestic Propaganda

A portion of Barack Obama’s marriage certificate. The full-size original can be viewed online.A portion of Barack Obama’s marriage certificate. The full-size original can be viewed online. [Source: St. Petersburg Times]PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, debunks a recent spate of claims that Senator Barack Obama (D-IL), a presidential candidate, has ties to Islamist radicals in Kenya. The claims appear to be sourced from a letter sent by American missionaries in Kenya, saying that Obama has ties to a Kenyan opposition party and warning its readers “not to be taken in by those that are promoting him.” The email also claims: “By the way. His true name is Barak Hussein Muhammed Obama. Won’t that sound sweet to our enemies as they swear him in on the Koran! God bless you.” PolitiFact writes: “The e-mail reads like a bad game of ‘telephone,’ its claims drawn from assorted people and sources that have been stitched together. And yet, because it is signed by real people, who have a life in Africa, it somehow carries more credence than your average blog posting—and it’s spreading rapidly.” PolitiFact has debunked this claim before (see January 11, 2008), but notes that the claim continues to spread. PolitiFact posts a copy of Obama’s 1992 marriage certificate, which states “Barack H. Obama” married “Michelle L. Robinson” on October 3, 1992, in a ceremony officiated by Trinity United Church of Christ pastor Jeremiah A. Wright (see January 6-11, 2008). Obama’s driver’s license record in Illinois identifies him as “Barack H. Obama.” His property listings name him as either “Barack Hussein Obama” or “Barack H. Obama.” His registration and disciplinary record with the Attorney Registration & Disciplinary Commission of the Supreme Court of Illinois notes that Obama was admitted to the Illinois bar on December 17, 1991, and has no public record of discipline. PolitiFact was unable to secure a copy of Obama’s Hawaiian birth certificate (see June 13, 2008). PolitiFact has located the originator of the email, Celeste Davis. Her husband Loren Davis confirms that he cannot substantiate the claims in the email. “That was what we heard there [in Kenya],” Davis tells a PolitiFact interviewer. Davis says he and his wife have lived and worked in Kenya for the past 12 years, and says his wife’s message was from a personal letter “never intended to be forwarded or sent out to the Web.” [St. Petersburg Times, 4/18/2008]

Entity Tags: Jeremiah A. Wright Jr, Barack Obama, Celeste Davis, Michelle Obama, PolitiFact (.org ), Loren Davis

Timeline Tags: Domestic Propaganda

In response to a Supreme Court decision allowing states to require photo ID for voting, Fox News states as fact the theory that photo ID requirements would have prevented a case of voter registration fraud in Washington State, in which seven ACORN workers were convicted. Fox News writes, “But if photo ID requirements had been the law in Washington State, the voter fraud scandal involving ACORN in 2006 would never have happened.” [Fox News, 5/2/2008] The report continues: “According to Washington Secretary of State Sam Reed, the incident ‘was the worst case of election fraud in our state’s history. It was an outrage’.” Reed is both misquoted and quoted out of context. He was not referring to photo ID. The Seattle Times version of the same quote reads: “‘Ladies and gentlemen, this is the worst case of voter-registration fraud in the history of the state of Washington. There has been nothing comparable to this,’ state Secretary of State Sam Reed said at a news conference.” [Seattle Times, 7/6/2007; Fox News, 5/2/2008]

Entity Tags: Association of Community Organizations for Reform Now, US Supreme Court, Fox News, Sam Reed

Timeline Tags: Civil Liberties, 2008 Elections

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