“Donors Before Constituents”: The First Amendment, According To Mitch McConnell
Have you heard that Senate Democrats are working this week to repeal free speech?
I did, yesterday morning, from Mitch McConnell.
Have you heard that Democrats are going to go out and “muzzle” pastors who criticize them in the pulpit?
We did, from Ted Cruz.
Did you hear that Democrats are going to shut down conservative activists and then “brainwash the next generation into believing that this is how it should be”?
We did, last month, from the Family Research Council’s Tony Perkins.
A good rule of thumb in politics is that the scarier someone sounds, the more you should doubt what they’re saying. Another good rule in politics is not to trust what Mitch McConnell says about money in politics.
Because, yes, that’s what we’re talking about here. Not a secret new Orwellian regime. Not a new anti-pastor task force. What we’re talking about is simply limiting the amount of money that corporations and wealthy individuals can spend to influence our elections.
This week, the Senate is debating a constitutional amendment that would overturn recent Supreme Court decisions that have paved the way for an explosion of big money in politics. In those decisions, including Citizens United and this year’s McCutcheon, the Supreme Court radically redefined the First Amendment to allow corporations and the wealthy to drown out the speech of everyday Americans with nearly unlimited political spending. The Democracy for All amendment would restore to Congress and the states the power to impose reasonable restrictions on money in politics, just as they had before the Supreme Court started to dismantle campaign finance laws.
So, what are Mitch McConnell and Ted Cruz so scared of?
In fact, it wasn’t that long ago that Mitch McConnell supported the very laws that he is now dead-set on blocking. Back in 1987, McConnell said he would support a constitutional amendment to allow Congress to regulate independent expenditures in elections — just as the Democracy for All amendment would. And then he introduced that very constitutional amendment. Either McConnell has dramatically changed his mind regarding what constitutes a threat to the First Amendment, or he’s motivated by something more cynical.
So, if Mitch McConnell doesn’t actually think that limiting the amount of money that wealthy interests can spend on elections is a violation of the First Amendment, what is he up to? Could it be that he now finds it more useful to court the dollars of major donors than the votes of his constituents?
Washington is the only place where campaign finance reform is a partisan issue. A poll this summer found that 73 percent of voters support a constitutional amendment to get big money out of politics. Americans know that our First Amendment is about protecting the speech of citizens, not the interests of wealthy campaign donors.
Faced with a large, bipartisan grassroots movement that threatens their big-spending friends, the only arguments that Mitch McConnell and Ted Cruz have left are wild accusations, flat-out falsehoods, and outlandish interpretations of the Bill of Rights.
By: Michael B. Keegan, The Huffington Post Blog, September 9, 2014
“Mitch McConnell’s 47 Percent Moment”: There For Millionaires And Billionaires, They Know They Can Count On Mitch
A year ago, President Obama convulsed the White House Correspondents Dinner when he responded to complaints that he wasn’t meeting enough with the Republican leaders in the Congress: “Why don’t you get a drink with Mitch McConnell?’ they ask. Really?” Obama asked the audience incredulously. “Why don’t you get a drink with Mitch McConnell?”
The Kentucky senator, continuously partisan and mean spirited in public, earned the jab by leading a record number of filibusters as Senate minority leader during Obama’s tenure, forcing more than a quarter of all cloture votes in the history of the Senate since the beginning of the Republic.
Now, many political bookies, however prematurely, have made Republicans favorites to win the Senate majority. What will McConnell do if he must go from opposition to governing? Last week, the Nation Magazine, which I edit, along with Lauren Windsor of the Undercurrent, released an audiotape of McConnell’s revealing remarks to a private June strategy session of deep-pocket Republican billionaire donors, convened by the Koch brothers.
Introduced by the general counsel of Koch Industries, McConnell begins by paying tribute to his patrons, thanking the Koch brothers personally “for the important work you’re doing. I don’t know where we’d be without you . . . rallying, uh, to the cause.”
So what is the cause? Putting Americans to work? Rebuilding the middle class? Unleashing free market answers to catastrophic climate change?
No, McConnell can’t seem to get himself to address a positive agenda. He envisions only more obstruction. If he is majority leader, he promises, “we’re not going to be debating all these gosh darn proposals. That’s all we do in the Senate is vote on things like raising the minimum wage . . . extending unemployment . . . the student loan package the other day, that’s just going to make things worse.”
With Republican majorities, McConnell tells the fat cats, “We own the budget. So what does that mean? That means that we can pass the spending bill. And . . . we will be pushing back against this bureaucracy by doing what’s called placing riders in the bill. No money can be spent to do this or do that”
So what parts of government would McConnell starve of funds? Although many Republicans are campaigning as faux populists against crony capitalism, McConnell doesn’t suggest that he’ll cut subsidies to Big Oil or the lard-filled budgets of the Pentagon. No, McConnell pledges to his millionaire funders “We’re going to go after them on health care, on financial services, on the Environmental Protection Agency, across the board [inaudible].”
For all his posturing about Obama’s dictatorial usurpations, McConnell reassures the millionaires that “we now have, I think, the most free and open system we’ve had in modern times.” Why? Because in the Citizens United decision, the conservatives on the Supreme Court overturned established precedents to give corporations the right to spend unlimited funds in elections. This is a victory for “open discourse,” McConnell argues, making clear just how he expects the corporations to make their opinions known:
“The Supreme Court allowed all of you to participate in the process in a variety of different ways. You can give to the candidate of your choice. You can give to Americans for Prosperity, or something else, a variety of different ways to push back against the party of government.” (Americans for Prosperity is the right-wing Koch funded political vehicle that has been called the “third-largest political party in the United States.”)
For McConnell, the court’s decision to unleash corporate contributions helped heal the pain from what he described as the “worst day of my political life.” Not the 9/11 terrorist bombings or the disastrous vote to invade Iraq. No, according to McConnell, the worst day of his political life was when a Republican congress passed and George W. Bush signed the McCain-Feingold campaign finance reforms, that put some limits of big money in our politics.
Mitch McConnell is surely a man for these times. Big money dominates our politics and corrupts our politicians (including, most recently, McConnell’s campaign manager, who resigned because of his possible involvement in bribing an Iowa state legislator to change his support from Michele Bachmann to Ron Paul in the 2012 Iowa Republican presidential primary). Legislators like McConnell openly serve “the private sector,” currying their donations while serving their interests.
As Sen. Elizabeth Warren (D-Mass.) said while campaigning for Alison Lundergan Grimes, McConnell’s underdog challenger: “Mitch McConnell is there for millionaires and billionaires. He is not there for people who are working hard playing by the rules and trying to build a future for themselves.”
Voters aren’t stupid. Given his views and his record, it is not surprising that McConnell is one of the most vulnerable of Republican incumbents, with Grimes running only a few points behind him. Nor is it surprising that more than $100 million may end up being spent on the race, making it one the most expensive contests in Senate history. Millionaires know they can count on McConnell.
McConnell ended his talk by repeating the Republican mantra against taxes and regulation, arguing, “If we want to get the country going again, we need to quit doing what we’ve been doing. Was it Einstein that [sic] said the definition of insanity is doing the same thing over and over again expecting a different result?” Let’s hope the voters of Kentucky come to the same conclusion about reelecting a senator who represents donors far better than voters.
By: Katrina vanden Heuvel, Opinion Writer, The Washington Post, September 3, 2014
“Money Is Not Speech”: McConnell’s Appeal To Millionaire Donors Makes Case For Constitutional Amendment On Political Money
He surely did not intend it, but Senate Minority Leader Mitch McConnell has made a stunningly compelling case for a constitutional amendment allowing Congress and the states to restore sensible limits on the influence of money in politics. We appreciate his help and his clarity.
The good news is that the Senate will vote on just such a proposal next month, the Democracy for All Amendment (S.J. Res 19). Senators still undecided about the amendment should study Sen. McConnell’s remarks carefully.
Speaking to a roomful of ultra-rich political investors in June (audio here), McConnell voiced his delight at their collective success in unharnessing political money. “The worst day of my political life” was when then-President George W. Bush signed the McCain-Feingold law with its limits on independent political spending, he declared. He paid particular tribute to industrialists Charles and David Koch, the country’s most prolific political spenders: “I don’t know where we’d be without you,” he told them.
McConnell calls the Democracy for All Amendment radical; it is anything but. The amendment simply restores an understanding of the Constitution that was in place for at least a century until the Supreme Court began unraveling it in the 1970s. It affirms that money is not speech and that no one, however wealthy or powerful, has a constitutional right to spend unlimited sums to influence our elections.
A poll conducted for CBS News in May found that 71 percent of Americans support reasonable limits on political spending. A survey taken this month in battleground states for this November’s elections—including McConnell’s home state of Kentucky—found 73 percent support a constitutional amendment.
The senator argues that proposals to limit political spending are aimed at silencing critics of government. Singling out Common Cause, he charges that those who favor a system that pays for campaigns with a mix of public funds and small-dollar donations from individuals are really trying to elevate Democrats and defeat Republicans.
Neither claim stands up to scrutiny. The Democracy for All Amendment and the spending limits it would permit would protect the First Amendment; every citizen’s right to express his or her views, however unpopular or unconventional, would remain fully intact. Corporations also would continue to speak; the amendment simply would permit sensible controls on how much they and individuals can spend to influence elections.
As for public financing, Republicans routinely run and win using public funds in states where voluntary public financing systems are in place. In my home state of Connecticut, GOP gubernatorial candidate Tom Foley has opted to run on public financing this year; Arizona Governor Jan Brewer used her state’s public financing system in her victorious 2010 campaign. The “clean elections” or “fair elections” systems in these states encourage candidates of all parties to focus on issues important to the general public rather than the parochial concerns of a handful of funders.
The real radicals are those who argue that their free speech rights include the right to use their wealth—corporate or individual—to drown out the voices of other Americans. They view the Citizens United decision, which invited corporations to spend freely on our elections, as—in Sen. McConnell’s words— having “leveled the playing field for corporations.”
The American people know better.
By: Mles Rapoport, The American Prospect, August 28, 2014
“Will The Voters Listen?”: The Tape Doesn’t Lie; Mitch McConnell Is Serious About Another Shutdown
One week ago, when Senate Minority Leader Mitch McConnell (R-KY) gave an interview vowing that a Republican Senate majority would attach partisan riders to spending bills in an effort to blackmail President Obama into rolling back his agenda — a tactic that would almost certainly lead to another government shutdown — his campaign tried to walk back his remarks.
“Evidently Alison Lundergan Grimes’ interpretation of how the U.S. Senate works is that senators must rubber-stamp President Obama’s agenda or the government shuts down,” McConnell spokeswoman Allison Moore said in response to the Democratic candidate’s critique of McConnell’s strategy. “Unlike Grimes’ commitment to the Obama agenda, Senator McConnell will fight for Kentucky priorities whether the president is interested in them or not.”
But new audio obtained by The Nation confirms that McConnell meant exactly what he said. In a June 15 speech to a Republican donor conference led by Charles and David Koch, McConnell was secretly recorded laying out largely the same case that he pitched to Politico last week:
So in the House and Senate, we own the budget. So what does that mean? That means that we can pass the spending bill. And I assure you that in the spending bill, we will be pushing back against this bureaucracy by doing what’s called placing riders in the bill. No money can be spent to do this or to do that. We’re going to go after them on health care, on financial services, on the Environmental Protection Agency, across the board (inaudible). All across the federal government, we’re going to go after it.
To be clear: If Republicans load must-pass appropriations bills with riders to undo the Affordable Care Act, the Dodd-Frank financial reform law, or any other key Democratic achievements, President Obama will veto them. Unless Republicans relent, the government will shut down. McConnell’s campaign (and some impartial observers like Bloomberg View columnist Jonathan Bernstein) may claim that that isn’t the minority leader’s intent, but without the shutdown threat, Republicans would have no leverage to “go after” the Democratic agenda.
McConnell had plenty else to say at the Koch gathering (for example, he remarked that “the worst day of my political life was when President George W. Bush signed McCain-Feingold into law,” suggesting that campaign finance reform outranks 9/11 on his list of disasters). But the promise of more congressional brinksmanship will likely prove to be the key takeaway, given the obvious political implications.
Nobody should be surprised that McConnell is eager to escalate a confrontation with the White House. After all, he’s far from the only Republican to promise it. Earlier this week, Marco Rubio made similar remarks with regard to immigration. Over in the House, startlingly influential Rep. Steve King (R-IA) did the same.
Republicans are being quite honest about what the GOP would do with control of Congress. At this point, the only question is whether voters will listen.
By: Henry Decker, The National Memo, August 27, 2014
“Secret Audio Nails Mitch!”: Endangered McConnell Busted Humiliating Himself On Tape
This year Senate Minority Leader Mitch McConnell chose to spend Father’s Day with two GOP political sugar daddies, Charles and David Koch, at their annual retreat, this time at the lovely St. Regis Monarch Bay resort in Orange County, California. As befit the day, McConnell brought the love: “I want to start by thanking you, Charles and David, for the important work you’re doing. I don’t know where we’d be without you.”
It’s a good thing McConnell sucked up to the wealthy right-wing industrialists. He could be looking for a job soon, once Kentuckians (and opponent Alison Lundergan Grimes) hear the audiotape of the session obtained by the Nation. (A transcript can be found here.)
The same weekend ISIL began approaching Baghdad, and Eric Cantor had just lost his primary for, among other reasons, being too cozy with big donors, McConnell took time to schmooze the Kochs and their network of funders and organizers. He wasn’t the only Senate candidate there: the next day, GOP Senate nominees Joni Ernst of Iowa, Tom Cotton of Arkansas and Cory Gardner of Colorado joined the retreat, the Nation’s Lauren Windsor has reported, and all pledged allegiance to the Kochs.
“The exposure to this group and to this network, and the opportunity to meet so many of you, really started my trajectory,” kvelled Ernst, who attended the summit last year. (You can hear audio of her remarks at the Huffington Post).
But only McConnell was devoted enough to spend Father’s Day addressing the Kochs – and only McConnell said anything substantive enough to ensure him home-state trouble.
Kentuckians may find themselves chagrined to learn that McConnell promised the Kochs and their friends that he would intensify gridlock if Republicans win control of the Senate. While legislation requires 60 votes, he noted, budget bills only require a simple majority, and he promised to attach “riders” defunding Obamacare, financial regulation laws and the entire Environmental Protection Agency to any spending bill — riders that President Obama would likely veto, which could trigger another government shutdown.
He also attacked Democrats for wasting time on their “gosh darn proposals” – like raising the minimum wage, which Kentuckians support by almost 2-1, and extending unemployment insurance, likewise backed by his state’s voters.
Here’s what McConnell said on those points, verbatim.
We can pass the spending bill, and I assure you that in the spending bill, we will be pushing back against this bureaucracy by doing what’s called placing riders in the bill: No money can be spent to do this or to do that. We’re going to go after them on healthcare, on financial services, on the Environmental Protection Agency, across the board.
And we’re not going to be debating all these gosh darn proposals. That’s all we do in the Senate is vote on things like raising the minimum wage — cost the country 500,000 new jobs; extending unemployment — that’s a great message for retirees; the student loan package the other day; that’s going to make things worse. These people believe in all the wrong things.
Kentuckians can decide who believes in all the wrong things come November.
In June the Nation first reported on the annual Koch retreat, loftily titled “American Courage: Our Commitment to a Free Society,” and heavily focused on helping the GOP take back the Senate. 2016 contender Sen. Marco Rubio attended along with McConnell, but it was the man the Kochs hope will be the Senate majority leader come January who headlined the crucial session “Free Speech: Defending First Amendment Rights.”
If dollars themselves could vote in Kentucky politics, McConnell would defeat Grimes in a landslide. At the Koch retreat, the Senate veteran depicted himself as a tireless soldier for the freedom of money in politics. He described the right to make unlimited political contributions as “the one freedom, that without which we can’t do anything.” His fealty to the cause of money in politics got embarrassing at times.
According to the Nation, McConnell talked about his many filibusters of campaign finance reform the way other men his age describe war battles. “The worst day of my political life was when President George W. Bush signed McCain-Feingold into law,” McConnell told the Kochs and their friends. Others might say 9/11, or the day President Reagan was shot (or further back, the assassinations of President Kennedy, Bobby Kennedy or Martin Luther King Jr.) But not Mitch.
The only people he praises more than the Koch brothers are the five-member Supreme Court majority that voted to abolish McCain-Feingold in the Citizens United decision, calling the John Roberts-led bench:
The best Supreme Court in anybody’s memory on the issue of First Amendment political speech…[Now] you can give to the candidate of your choice, You can give to Americans for Prosperity, or something else, a variety of different ways to push back against the party of government…I’m really proud of this Supreme Court…It’s only five to four, and I pray for the health of the five.
But not the other four, obviously. Tough luck, RBG.
When David Koch himself, during the question and answer session, complained about a New York Times editorial lamenting the influence of big Koch money, and asked about Democrats’ attempts to start the process of amending the Constitution to state that Congress may in fact regulate campaign contributions, McConnell was at his feistiest.
“This is an act of true radicalism,” McConnell declared. “It shows how far they’re willing to go to quiet the voices of their critics … The IRS, the SEC and the FEC. They’re on a full-tilt assault to use the power of the government to go after their critics.”
By comparison with the seasoned McConnell, Senate candidates Joni Ernst, Tom Cotton and Cory Gardner were restrained, as Lauren Windsor reports in the Huffington Post. A grateful Gardner, happy about all the Koch-related third-party money flowing into his race, told the crowd that among the people most excited about his run was “the station manager at Channel 9 in Denver because he knew the activity that would be taking place on the airwaves.”
Tom Cotton likewise thanked the group for its role in his success. “[The Koch-funded] Americans for Prosperity in Arkansas has played a critical role in turning our state from a one-party Democratic state … building the kind of constant engagement to get people in the state invested in their communities,” Cotton explained.
But only McConnell went on record endorsing the Koch brothers’ entire big money agenda, while mocking popular “gosh darn” Democratic policies like a minimum wage hike, restoring extended unemployment insurance and easing the student loan burden. McConnell’s role in blocking her student-loan compromise earned him a visit to Kentucky by Sen. Elizabeth Warren, on behalf of Grimes. ”Mitch McConnell says it’s more important to protect the billionaires,” she told the crowd. “And that’s what this race is all about.”
It would be ironic if the Koch brothers won their GOP Senate majority, but McConnell wasn’t around to lead it.
By: Joan Walsh, Editor at Large, Salon, August 27, 2014
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