“Sunlight Is The Best Disinfectant”: In 2014, You Can Still Buy A Senate Seat
Leaving aside for the moment the debate over whether or not individuals, corporations or nonprofits should be able to give an unlimited amount of money to a political candidates, shouldn’t we at least know who they are and when they do it?
Our federal representatives are so controlled by the money they receive that they have not been able to pass legislation requiring simple disclosure of contributions from outside groups.
So, as is the case with many other issues these days, the states are stepping in when the federal government demonstrates no capability to lead. Which is pretty much all the time, on every issue.
Last week, Massachusetts Governor Deval Patrick signed a reasonable disclosure law requiring all groups making independent expenditures—that is, money for campaign ads and the like—to disclose their donors within seven days, or within 24 hours if it is 10 days or less before an election. Additionally, the top five donors of more than $5,000 must be listed in advertisements.
Let’s take a look at the kind of problem the lack of any federal action encourages.
Recently, a candidate for the U.S. Senate in Georgia, David Perdue, came from behind and won a tightly contested runoff against a former congressman, Jack Kingston. And it turns out he did so with the help of more than $2 million in advertising attacking his opponent that came from a couple of political organizations based in Ohio, one of which was formed in 2011 with the express purpose of “promoting a stronger economic climate in Ohio.”
Would it surprise you to learn there is a loophole in federal disclosure requirements? Technically, a political action committee is supposed to disclose its donors. But tax-exempt “social welfare” nonprofits do not. And, guess what? Nearly all the money that was dumped into the PACs that funded the George Senate race came from two nonprofits.
So we now have a candidate for the U.S. Senate in Georgia whose margin of victory was absolutely supplied by, um, we have no idea.
For all we know, Perdue may be a terrific guy and a potentially great U.S. senator. But it sure doesn’t instill faith in our system, or encourage voters to participate, when unknown special interests from outside a state can swoop in and affect the outcome of an election.
And believe me, this is not just happening in Georgia. It’s happening in most high-profile political races, with the rare exception of those where the candidates have engaged in agreements to ban outside funding, or are considering pledges to disclose all “dark money” funding.
So, as the Georgia race just proved, you really can buy a U.S. Senate seat. And, while buying a Senate seat may be constitutionally protected thanks to the Citizens United decision, there are no similar protections for doing so anonymously.
So thank you, Massachusetts, for invoking in action the words of the former Supreme Court Justice Luis D. Brandeis: “Sunlight is the best disinfectant.”
By: Mort McKinnon, The Daily Beast, August 11, 2014
“Bought And Paid For With A Texas Hunting Trip”: How ‘I Can’t Be Bought’ Rick Scott Overcame His ‘Disgust’
Back when he first ran for governor of Florida as a self-styled outsider, Rick Scott lambasted his opponent in the Republican primary for taking campaign money from U.S. Sugar, one of the worst corporate polluters of the Everglades.
Scott indignantly squeaked that Bill McCollum had been “bought and paid for” by U.S. Sugar. He said the company’s support of McCollum was “disgusting.”
“I can’t be bought,” Scott declared.
Seriously, that’s what the man said. Stop gagging and read on.
Four years later, the governor’s re-election campaign is hungrily raking in money from U.S. Sugar, more than $534,000 so far.
Exactly when Scott overcame his disgust isn’t clear, but in February 2013 he and undisclosed others jetted to the King Ranch in Texas for a hog- and deer-hunting junket on U.S. Sugar’s 30,000-acre lease.
Apparently this has become a secret tribal rite for some top Florida Republicans. Exposed last week by reporters Craig Pittman and Michael Van Sickler of the Tampa Bay Times, the politicians ran like jackrabbits for the hills.
All questions were redirected to the state Republican Party, which couldn’t get its story straight. “Fundraising” wound up as the official explanation for the free pig-shooting sorties.
Scott refused to field questions about the King Ranch shindig. A spokesman said the governor covered his own air flight and hunting license.
Days later, a bit more information: Scott shot a buck deer on the trip, his flack said, and paid the taxidermist out of his own pocket. What a guy!
A month after his secret safari, the governor appointed an executive of King Ranch’s Florida agricultural holdings to the board of the South Florida Water Management District, the agency supposedly supervising the Everglades cleanup.
The inner circle, you see, goes unbroken.
Florida Agriculture Secretary Adam Putnam was so mortified to be asked about his King Ranch excursions that he slithered behind a door that was then shut in a reporter’s face. Slick move. Putnam is the same social butterfly who once criticized the state law forbidding elected officeholders from accepting gifts like free trips, booze and meals. Putnam lamented that the ban was “a disincentive for fellowship.”
Thwarting the statutory gift ban has been accomplished by letting the political parties operate as money launderers for special interests. U.S. Sugar, for example, gives tons of cash to the Republican Party of Florida, which then spreads it around to Scott, Putnam and other candidates for purported political expenses.
The King Ranch, which has its own sugar and cattle holdings in Florida, has also hosted GOP House Appropriations Chair Seth McKeel and Dean Cannon when he was House Speaker.
The current House Speaker, Will Weatherford, and the incoming speaker, Steve Crisafulli, have both received Texas hunting licenses, although they won’t say if they’ve been to the King spread.
Florida has an abundance of deer and wild hogs, but an out-of-state safari offers the appeal of seclusion and anonymity. Interestingly, no Republican senators or Democratic leaders appear to have participated in the King Ranch flyouts. Former Gov. Charlie Crist, Scott’s likely opponent in November, has taken contributions from Big Sugar, but said he’s never been to the ranch.
Buying off politicians with hunting and fishing trips is an old tradition in Tallahassee, interrupted by the occasional embarrassing headline followed by flaccid stabs at reform.
Nobody believes the absurd GOP party line saying that the King Ranch hunting jaunts are “fundraisers.” They’re just free (or heavily discounted) vacations.
You really can’t blame Big Sugar or its lobbyists. They know who and what they’re dealing with; the only issue is the price.
The company has given more than $2.2 million to Republican candidates in the 2014 election cycle, and there’s no reason to believe it won’t get its money’s worth.
Taxpayers, not the sugar tycoons, remain stuck with most of the cost of cleaning up the Everglades. Every time someone tries to make the polluters pay a larger share, the idea gets snuffed in Tallahassee.
Meanwhile the politicians who could make it happen are partying in Texas with the polluters — shootin’ at critters, smokin’ cigars, sippin’ bourbon around the fire. Hell, maybe there’s even a steam bath.
These are the people controlling the fate of the Everglades. They’ve been bought and paid for, just like Rick Scott said four years ago. Now he’s one of them. His staff won’t say why he changed his mind about taking Big Sugar’s money. It also won’t say where he put the stuffed head of that buck he killed at the King Ranch.
The bathroom wall would be a fitting place, hanging right over the toilet where he flushed his integrity.
By: Carl Hiaasen, Columnist, The Miami Herald; Published in The National Memo, August 5, 2014
“Our Political System Is Morphing”: The Problem With The Koch Brothers Isn’t Their Politics. It’s Their Copycats
Did you see the “Creepy Carnival” from the Koch brothers on the Washington Mall the other day? Sponsored by the youth-outreach tentacle of the brothers’ operation, it featured Pennywise the Clown doppelgangers dunking millennials into “High-Risk Pools” – though, surely, they missed an opportunity to nail some old people to death panels. (There was no word about the presence of funhouse mirrors to artificially shrink the outsize influence of the Kochs on our national agenda.)
These two men have commanded center stage in the dark-money circus since the US supreme court started the political money free-for-all four and a half years ago. The Kochs have become the focus of electoral campaigns themselves.
But however effective they may be as conservative bogeymen, the real problem with the Kochs is not that they are ultra-conservative. The problem is that they are a leading indicator that our political system is morphing from elections based on ideology to elections based on the preferences of individual donors.
Big “fundraisers” like the Kochs don’t care so much about candidates or parties. They care about policies, and that tendency to narrowly target their dollars naturally pushes candidates to tailor their platforms to issues more than coherent ideologies. Jjust look at Sheldon Adelson and Israel, or Tom Steyer and green energy, or Paul Singer and gay rights – or the Koch brothers themselves, whose political manipulations have always been based in a fervent economic libertarianism more than purely Republican politics.
The negative focus on mega-donors on both sides of the aisle is having one effect: it’s turning Americans firmly against the current electoral financing system. According to Gallup, fully 50% of the country would support a federally funded campaign finance system with no private contributions whatsoever; 79% would vote for a law limiting contributions in some way.
As a result, the movement for a small-donor revolution in campaign finance is slowly clawing its way into the mainstream. The leading general in that revolution, Lawrence Lessig – who launched Mayday Pac to blow up big money in politics by raising big money – just surpassed his initial fundraising goal of $5m by raking in $7.6m in small donations. (Ironically, a few mega-donors will be kicking in another $5m in matching funds.)
But Lessig’s Kickstarter-esque project is itself the kind of single-issue project that has, to date, been the purview of fundraising behemoths: he plans to give the money only to candidates who hew to his vision of campaign finance reform. Like them, it lays the groundwork for the decentralization of parties, whether or not Lessig’s own goals are achieved.
As it stands, the number of Americans who identify with a particular political party do so now with unprecedented intensity, and the number of Americans who don’t identify with either party has grown as well. Sheer frustration could move some – or perhaps many – independents who currently favor a particular party to a more radicalized center.
Disillusioned with actual politicians, apolitical activists could make the candidates the least important part of a ballot by donating to and campaigning for policies, rather than politicians. And that is what issue-oriented Super Pacs, like Lessig’s and others, are counting on: small donors, and voters interested in issues over ideology – or, at least issues-as-ideology.
The idea of non-partisan issue activism is an old one, but what’s changed is the degree of overall partisanship and our expectations of infinite, individualized choice today. When we’ve got Uber in our hands and Spotify playlists inside our headphones, it seems reasonable to expect technology could do the same for democracy.
Anil Dash, a tech activist and entrepreneur, envisions a kind of Amazon for activism – a literal marketplace of ideas, wherein a donor with a little money and a few major passions could shop for candidates that fit an issue checklist. They could even target those who appear particularly “flexible”, based on a database matching their voting history to donors, or particularly in need of cash to keep the campaign going. These, of course, are tactics that big money donors have long used to sway the opinions of politicians. The question is whether the aggregation of enough small donors could be equally effective.
But do today’s policy crises even lend themselves to the micro-targeted solutions that app-enabled voters could select? Do we wind up with solutions to climate change, or just pockets of pollution? And what issues disappear entirely when pressures from both special interest big donors and special interest small donors push parties to the breaking point?
As it is, just the system is broken – or bent, leaning heavily in the direction of that easy mega-donor money. The undoing of campaign finance reform has made more and more obvious to more and more people; Larry Lessig’s project to leverage that disgust will spotlight the ugliness just in time for 2016. Perhaps it will drive at least some conversations, if not solutions.
By: Ana Marie Cox, The Guardian, July 28, 2014
“Ignoring Well-Established Law”: Gov. Scott Walker, Allies Knew Prevailing Interpretation Of State Law
Supporters of Gov. Scott Walker have been working hard in recent weeks to conjure up excuses to dismiss the John Doe campaign finance probe.
First, they attacked it as a partisan witch hunt, ignoring the fact that the investigation is led by a Republican who voted for Walker and that it has the participation of both Republican and Democratic district attorneys from across the state.
Then, they tried to dismiss it as a “legally baseless” investigation, and argued that Wisconsin law does not prohibit the Walker campaign and Wisconsin Club for Growth from coordinating on electoral “issue ads” that omit the phrase “vote for” Scott Walker.
Now, Walker’s allies are acknowledging that the probe is grounded in Wisconsin law, but are claiming that prosecutors are enforcing a “zombie law” — allegedly rendered unenforceable by the U.S. Supreme Court — that the Walker campaign was purportedly free to ignore.
This is not the case.
The governor is endowed with many powers, but he cannot single-handedly rewrite the law or reverse legal precedent.
For decades, Wisconsin law has capped campaign donations to limit the influence of money in elections, and required candidates to disclose major contributions so the public can see who is bankrolling our politicians. Courts have interpreted the law to mean that “issue ads” coordinated with a candidate for state office can be regarded as in-kind contributions to the campaign, because they are of great value to the campaign. Any coordinated issue ad “contributions” that exceed donation limits and are omitted from campaign filings can be illegal. The same is true in federal elections, under federal law.
Even if the Walker camp believed that coordinated issue ads shouldn’t be regulated, or that at some point in the future a court might overrule existing Wisconsin precedent, this belief shouldn’t have given them license to ignore well-established law during the 2012 elections, as the prosecutors’ theory in the case alleges.
The U.S. Supreme Court has never held that counting electoral issue ads as contributions is unconstitutional. In fact, in 2003 the court explicitly upheld a provision of the McCain-Feingold Bipartisan Campaign Reform Act that treats issue ads that air near federal elections (called “electioneering communications”) as in-kind contributions if coordinated with a candidate. That holding has never been overturned.
And, even as a slim majority of the U.S. Supreme Court has chipped away at campaign finance limits for PACs and non-profits, it has done so with the express proviso that these groups are “independent” and their activities not coordinated with candidates.
Conservative Supreme Court Justice Anthony Kennedy explained in Citizens United vs. FEC that “the absence of prearrangement and coordination…undermines the value of the expenditure to the candidate.” In other words, if a candidate is coordinating with a third-party group, that group’s expenditures are of value to the campaign — and the contribution limits and disclosure requirements that apply to candidates would be rendered meaningless if politicians can work closely with a group that takes secret, million-dollar donations.
Wisconsin courts have had a similar take, and the John Doe prosecutors are relying on an interpretation of state law established by the Wisconsin Court of Appeals in 1999, in a precedent-setting case called Wisconsin Coalition for Voter Participation.
In that case, the court rejected arguments identical to those now being made by Walker and the Club for Growth, and held that, under Wisconsin law, electoral issue ads coordinated with a campaign count as contributions to the campaign.
Despite the claims of op-ed writers published by the Journal Sentinel, it is not the case that the courts had overturned the Wisconsin Coalition for Voter Participation precedent or rendered its holding unenforceable in advance of the recall elections. Just ask Wisconsin’s Republican Attorney General, J.B. Van Hollen. As thousands of people were occupying the Wisconsin capitol in 2011 — sparking a movement that would lead to the recall elections — Van Hollen was citing Wisconsin Coalition for Voter Participation in court briefs as controlling precedent.
Just months later, with recall elections heating up, prosecutors believe the Walker campaign and Club for Growth began working together, an alleged violation of the Wisconsin Court of Appeals’ interpretation of state law that Van Hollen had recently endorsed.
The Wisconsin Coalition for Voter Participation precedent was no secret. It is explicitly cited in the end notes to the Wisconsin statutes, which provide guidance on the prevailing interpretations of Wisconsin law for candidates such as Walker and the raft of lawyers who advise him.
Plus, the Wisconsin Elections Board — the precursor to the Government Accountability Board — issued a 2002 opinion citing both state and federal cases to advise that coordinated electoral issue ads are contributions under Wisconsin law. That opinion was affirmed by the GAB in 2008 and is clearly posted on the GAB website.
If the Walker campaign or Wisconsin Club for Growth believed courts were “moving” toward a different interpretation of Wisconsin statutes, they could have sought an advisory opinion from the GAB, or requested advice from Van Hollen. If they believed that U.S. Supreme Court rulings had made the Wisconsin Coalition for Voter Participation decision unenforceable, they could have sought a declaratory judgment from a state court.
The Walker campaign and Wisconsin Club for Growth cannot claim they were unaware of the prevailing interpretation of Wisconsin law, and Wisconsinites should know better than to buy their after-the-fact rationales.
By: Brendan Fischer, General Counsel, The Center for Media and Democracy in Madison: Milwaukee Journal Sentinel, July 17, 2014
“Why Scott Walker Will Never Be President”: A Political Style That Doesn’t Say Statesman
Scott Walker, an ardent Ronald Reagan fan from his youth, was never likely to follow Reagan’s footsteps to the White House. The Wisconsin governor lacks his hero’s way with words, skill for crossing lines of partisan and ideogical division (especially within the Republican Party) and confidence on the national campaign trail.
Yet Walker has wanted to believe in the possibility so badly that he has spent the two years since his 2012 recall election win positioning himself as a contender for the 2016 Republican presidential nomination. He penned a campaign book, Unintimidated: A Governor’s Story and a Nation’s Challenge, which was so transparent in its ambitions that Glenn Beck’s The Blaze refers to it as “the prototypical book about someone running for president who doesn’t want to come out and actually say that he is running for president.” He jetted off to Las Vegas to to try and impress Republican mega-donor Sheldon Adelson, but Adelson missed the Wisconsinite´s speech. He even persisted in making the rounds nationally after polls showed that his enthusiasm for presidential politics did not sit well with the Wisconsin voters he must face in a November re-election bid.
But with the release of documents in which Wisconsin prosecutors allege Walker helped to engineer an expansive “criminal scheme” to coordinate efforts by conservative groups to help his recall campaign—by circumventing campaign finance laws—Walker’s presidential prospects look less realistic even than those of his mentor, scandal-plagued New Jersey Governor Chris Christie.
The headlines in Wisconsin Thursday were damning:
“John Doe prosecutors allege Scott Walker at center of ‘criminal scheme’”
“Prosecutors accuse Walker of running ‘criminal scheme’”
And the national headlines were just as rough. “Prosecutors: Scott Walker part of ‘criminal scheme,” read the headline of a Politico story that opened with a breathless report that
Wisconsin Gov. Scott Walker participated in a “criminal scheme” to coordinate fundraising for the Republican in response to efforts to recall him and state senators from office, local prosecutors argue in court documents released Thursday.
Walker, his chief of staff and others were involved in the coordination effort with “a number of national groups and prominent figures,” including Karl Rove, says special prosecutor Francis Schmitz.
“[T]he evidence shows an extensive coordination scheme that pervaded nearly every aspect of the campaign activities during the historic 2011 and 2012 Wisconsin Senate and Gubernatorial recall elections,” Schmitz wrote in a December motion, on behalf of five attorneys from some of the state’s most liberal counties, just now unsealed by an appellate court judge.
Even worse for a governor who has already had to try an explain away highly controversial emails from former aides, as well as the investigations, prosecutions and convictions of aides, appointees, allies and campaign donors, are the actual details of the documents that were ordered unsealed by Federal Appeals Judge Frank Easterbrook.
“The documents include an excerpt from an email in which Walker tells Karl Rove, former top adviser to President George W. Bush, that (veteran Wisconsin Republican operative R.J.) Johnson would lead the coordination campaign. Johnson is also Walker’s longtime campaign strategist and the chief adviser to Wisconsin Club for Growth, a conservative group active in the recall elections,” reported the Milwaukee Journal Sentinel, the state’s largest paper.
The May 4, 2011, e-mail to Rove read: “Bottom-line: R.J. helps keep in place a team that is wildly successful in Wisconsin. We are running 9 recall elections and it will be like 9 congressional markets in every market in the state (and Twin Cities).”
Walker, who is certainly no stranger to controversy, claimed Thursday that he had been vindicated by judges who have restricted—and even attempted to shut down—the “John Doe” investigation into political wrongdoing. But other judges have sustained the inquiry.
Walker allies argue that he is the victim of a “witch hunt” organized by Milwaukee County District Attorney John Chisholm and other top prosecutors, who they allege are out to silence conservatives and harm Republicans. Chisholm is a Democrat, but he is also a respected prosecutor who has gone after Democrats and worked with Republicans.
Lawyers for targets of the probe are fighting to shut it down and, in this unsettled and uncertain post–Citizens United period with regard to state and national campaign finance laws, they believe they will succeed.
Attempts to halt the probe, which have been cheered on by advocates for a no-holds-barred “big money” politics, are part of a broader strategy to gut remaining campaign-finance laws. One way to super-charge the influence of major donors and corporate interests is to undermine bans on coordination between candidates and their campaigns with “independent” groups that operate under different and more flexible rules for raising and spending money during a campaign.
“If you don’t have restrictions on coordination, then the contribution limits become meaningless,” Paul S. Ryan, the senior counsel for the watchdog group Campaign Legal Center, explained. Ryan told Politico that without the restrictions, a donor “could max out under the limits [for donating to a candidate], but then you could also just say to the candidates, ‘Hey give me an ad script and we’ll walk down to the TV station and do this ad for you.’”
But even if the probe is prevented from going forward, the documents that have now been released—in combination with the February release of 27,000 pages of e-mails from the seized from the “secret e-mail system” computers of a former Walker aide who has been convicted of political wrongdoing—paint a picture of a governor whose political style does not say “statesman.”
There is no question that Walker is a hero to some Republicans, and to some conservatives.
But Republicans and conservatives who want to win back the White House have to be realistic enough to recognize that Walker has a paper trail that is unlikely to read well on the 2016 campaign trail.
In fact, if the Wisconsin polls that have Walker tied with Democratic challenger Mary Burke are to be believed, Walker might have trouble getting past the 2014 election.
By: John Nichols, The Nation, June 20, 2014
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