The Wall Street Journal is advocating for the elimination of decades-old law crafted in the wake of the Watergate scandals that prevents coordination between independent groups and political candidates -- a radical position the Journal pretends is a rejection of a "liberal campaign" but actually is a rejection of the conservative majority opinion in Citizens United.
In an October 20 editorial, the Journal praised a highly controversial federal district court judge's newest attempt to legalize prohibited coordination between Gov. Scott Walker (R-WI) and outside right-wing groups. Under investigation for suspected violation of campaign finance laws, these organizations are suing in an attempt to have rules against this type of coordination declared unconstitutional. Although the Citizens United decision allowed corporations to make previously disallowed expenditures in support of political candidates, the opinion from the conservative justices still recognized that a crucial guard against corruption was the federal prohibition on coordination between unlimited "independent" money and the politicians' actual campaigns. Yet the campaign finance nihilists on the Journal editorial board object to this long-established principle as well, misleadingly referring to coordination as a "new liberal target":
That came into stark view last week with a new and welcome judicial ruling in Wisconsin, only days after the Brennan Center issued a trumpet call for government to find more ways to criminalize campaign spending. The new liberal target is "coordination" between politicians and independent groups. This is dangerous stuff.
[The plaintiff in the Wisconsin campaign finance case] is Citizens for Responsible Government Advocates, an advocacy group that wants to collaborate with politicians on a project called "Take Charge Wisconsin" to educate the public about fiscal responsibility and property rights. But the group was unsure it could proceed under Wisconsin law as interpreted by prosecutors, so it sought relief in federal court.
The problem is that Wisconsin and other states have set up elaborate bureaucracies like the Government Accountability Board (GAB) to police free speech and harass individuals and groups that want to run political advertising. Wisconsin's GAB and Milwaukee District Attorney John Chisholm "have taken the position that coordinated issue advocacy is illegal under Wisconsin's campaign finance law," wrote Judge [Rudolph] Randa.
That legal interpretation has already been rejected by state judge Gregory Peterson, but the state and Mr. Chisholm are appealing. Thanks to Judge Randa's ruling, at least the conservatives will be able to engage in issue advocacy without fear of prosecution in the few remaining days before the election.
It's important to understand that this political attack on "coordination" is part of a larger liberal campaign. The Brennan Center -- the George Soros-funded brains of the movement to restrict political speech -- issued a report this month that urges regulators to police coordination between individuals and candidates as if it were a crime.
The report raises alarms that independent expenditures have exploded since the Supreme Court's 2010 Citizens United decision, as if trying to influence elections isn't normal in a democracy.
Although the Journal insists that attempts to eliminate coordination between independent groups and candidates are a liberal plot, it is actually a bipartisan goal that has been repeatedly endorsed by the Supreme Court, including its conservatives. In the 1976 case Buckley v. Valeo, the Court found that "[u]nlike contributions, such independent expenditures may well provide little assistance to the candidate's campaign, and indeed may prove counterproductive. The absence of prearrangement and coordination of an expenditure with the candidate or his agent not only undermines the value of the expenditure to the candidate, but also alleviates the danger that expenditures will be given as a quid pro quo for improper commitments from the candidate." In other words, the Court determined that a lack of coordination between candidates and outside groups is necessary to reduce the potential for or the appearance of corruption in the political process, the core reason campaign finance is regulated.
With two weeks to go before midterm elections, the North Carolina Senate race is on track to be the most expensive Senate race ever. But on Fox News, the focus is on spending by teachers unions, not the conservative-backed groups pouring money three times that amount into the state.
Fox News' America's Newsroom highlighted on October 21 how two prominent teachers unions, the American Federation of Teachers (AFT) and National Education Association (NEA), are "on track to spend a record amount this [campaign] cycle." Focusing specifically on the North Carolina Senate race, host Martha MacCallum asked, "What are the teachers unions doing there?" Correspondent Mike Emanuel noted that Democratic incumbent Sen. Kay Hagan is polling narrowly ahead of her Republican challenger Thom Tillis, as "the National Education Association super PAC has spent about $3 million on ads blaming Republican Tillis for making class sizes bigger and for reduced art and sports programs. Expect more of this down the final stretch," because Tillis is "a target."
With its focus on teachers unions, Fox conveniently left out the spending from outside groups that totals nearly three times more. For example, the North Carolina chapter of Americans for Prosperity, a conservative group backed by the Koch brothers has poured in at least $8.3 million in ad money. At least $6 million has come from groups linked to conservative Karl Rove, a Fox News contributor.
Such selective reporting on election spending is becoming standard for the network, which has worked to minimize the influx of money supporting Republican candidates into states with hotly-contested congressional races this election cycle.
Conservative financiers Charles and David Koch have spent far more to influence the 2014 midterm elections than progressive activist Tom Steyer, yet for months media outlets have equated the two.
Fox News is claiming that Democratic campaigns and supporters are vastly outspending their Republican counterparts during this election cycle, a suggestion that appears to focus on super PACs and ignores the influence of "dark money" spending that favors the GOP.
On the October 10 edition of America's Newsroom, host Bill Hemmer stated that Democrats have "got a lot of money ... and they're spending it, in some states, 4-to-1 over Republican candidates." National Review Online editor-at-large and Fox News contributor Jonah Goldberg repeated a similar claim on the October 13 edition of Happening Now, downplaying secretive right-wing donors like the Koch brothers and arguing that "the reality is, is that most of the money is actually on the Democratic side" in contentious Senate races like the one in Kentucky:
HEATHER CHILDERS (guest host): So, a lot of this also is coming down to money. And we are talking about big amounts of money that are being spent from both sides in these particular states, so how is that going to influence things?
GOLDBERG: Sure, well, it depends on state by state. You know, in some of these places, you just don't have enough physical airtime in the space-time continuum to buy more ads. I mean, people are throwing in -- you know, the Democrats are just announcing [unintelligible] a million dollars into South Dakota. A million dollars probably would buy, you know, who knows how much airtime in South Dakota at this point. And so you're seeing things saturated all over the place. One of the things that has helped Democrats enormously is, they have actually raised vastly more money than Republicans have at a lot of these different levels. They're spending a lot more money. In North Carolina, they're outspending Republicans, I think, 2-to-1, and yet they claim that it's all the evil Koch brothers and their sort of other James Bond-like villains who are throwing all the money into Republicans. When the reality is, is that most of the money is actually on the Democratic side, but a lot of the mainstream media covers it as if, "Oh, it must be the Republicans who are taking advantage of all of this outside money." [emphasis added]
On October 15, Fox News correspondent Jim Angle continued the network's inapt comparison of the Koch brothers to high-dollar Democratic donors. Angle didn't mention that unlike the progressive billionaires and unions he highlighted, conservative activists like the Kochs are unwilling to publicly stand behind the right-wing policies their billions of dollars fund.
Fox News' narrative is misrepresenting the full and current story on campaign spending, which actually shows that a deluge of undisclosed outside money is supporting Republicans and outpacing similar expenditures for Democrats -- especially in the Kentucky contest.
The 4-to-1 statistic that Hemmer used may be a reference to a widely cited report from The Wall Street Journal that found super PACs aligned with Democrats had raised four times more than their Republican counterparts. By focusing on super PAC figures, Fox News is ignoring massive spending from outside right-wing groups like the U.S. Chamber of Commerce, Fox News contributor Karl Rove's Crossroads GPS, and the Koch brothers' network of secretive and increasingly political groups. These organizations don't reveal their donors, and sometimes -- depending on the type of ad they are running -- they don't even reveal their expenditures. Groups of that sort have spent more "dark money" -- funds from undisclosed donors -- than Democratic-leaning groups have.
The Wall Street Journal is dismissing efforts to convince corporations to be more transparent about their political contributions as "partisan agitprop," despite the fact that the conservative justices of the Supreme Court reaffirmed the need for such transparency in 2010's Citizens United decision.
Although a majority of Americans from across the political spectrum disagree with the court's decision in Citizens United and support a bipartisan effort to reduce the unprecedented influx of campaign spending and "dark money" in politics, the Journal isn't convinced that transparency and disclosure for corporations playing politics is worthwhile. In an October 14 editorial, the Journal complained that groups like the Center for Political Accountability targeted corporations in an attempt to "discourage businesses from participating in politics" by publishing an index that ranks companies based on how transparent they are about their political expenditures. The goal of the index is to encourage corporations to disclose their campaign contributions to their shareholders, since it is the shareholders' money that is financing the political spending in the first place.
But the editorial was unsupportive of the group's activities, despite the fact that the conservatives on the Supreme Court upheld campaign finance disclosures in their majority opinion in Citizens United as indispensable to their decision that corporations can influence elections as freely as actual voters:
Hey shareholders, want some stock tips from a nonprofit outfit that wants to discourage businesses from participating in politics? That's the dubious message from a new index designed to block the political speech of corporations while leaving unions free to donate as they please.
Every year, the George Soros-funded Center for Political Accountability publishes the Wharton-Zicklin index, which ranks companies based on their political disclosure. When the group isn't publishing the index, it spends its time pushing for shareholder proxy proposals that would force companies to disclose their political activity.
The activist group's tactics have also included pressuring companies to cave pre-emptively and disclose political activity for fear of becoming targets. The index ranks companies according to their political transparency and disclosure profile. The Center for Political Accountability then uses those rankings as a truncheon to lobby CEOs to advertise how and how much they spend on campaigns and lobbying.
Most shareholders aren't buying it, but the disclosure gambit deserves to be exposed as the partisan agitprop it is.
Fox News Sunday hosted Karl Rove to analyze Senate midterm elections without disclosing his role with political organizations that have spent millions of dollars supporting Republican candidates in those races.
On the October 12 edition of Fox News Sunday, host Chris Wallace was joined by Rove and Democratic strategist Joe Trippi to discuss "the hottest races" in 2014. While Rove was introduced as "the architect of George W. Bush's two presidential victories" and described in on-screen text as a "former Bush White House advisor," no mention was made of his current political activities or affiliations. Rove commented on three Senate races in which his political groups have made a significant financial investment. Rove said he believed Republican Joni Ernst would win in Iowa because she had "united the party," claimed that voters in North Carolina would reject Democratic Sen. Kay Hagan because it's the only way to "send a message to Obama," and praised Alaska Republican candidate Dan Sullivan's energy policy.
Rove co-founded and advises two political organizations, American Crossroads and Crossroads GPS, that have spent nearly $8 million dollars against Democratic candidates in the Alaska, Iowa, and North Carolina races, according to the Center for Responsive Politics. Rove's political network poured more than $4.5 million in additional spending into those races in support of the Republican candidates.
American Crossroads has also received $300,000 from Dan Sullivan's parents. Sullivan's father reportedly "doesn't know with certainty that the funds will be spent on his son's race," telling Bloomberg News, "That will be up to the discretion of Karl Rove."
This is the second time in four weeks that the program has allowed Rove to provide election analysis without noting his role in attempting to influence those same races.
Later in the broadcast, Fox contributor Carly Fiorina predicted that Ernst and Cory Gardner, the Republican candidate for Senate in Colorado, would win, praising the candidates for "very clear platforms about what they think the priorities of this nation should be." Neither Fiorina nor Wallace noted that Fiorina heads the Unlocking Potential PAC, which has spent nearly $150,000 in support of the Ernst and Gardner campaigns.
Here is the full segment featuring Rove:
The 2014 midterm election cycle is already one of the most expensive ever -- due in part to the Supreme Court's recent campaign finance decisions, which have opened the floodgates for billions of dollars in political expenditures to influence our election system. But the crisis is all but nonexistent on Fox News Sunday, which has rarely discussed money in politics outside of the overblown IRS targeting scandal.
Earlier this year, the Supreme Court dismantled aggregate campaign contribution limits in McCutcheon v. FEC, making it easier for individuals to influence the political process by donating money to an unlimited number of candidates, political parties, and super PACs. McCutcheon was an extension of the court's ruling in Citizens United v. FEC in 2010, which allowed corporations to make unlimited political expenditures to support their favored candidates.
Since the Court decided to hear McCutcheon in 2013, Fox Broadcasting Co.'s Fox News Sunday has discussed campaign finance roughly as often as the Sunday morning news shows on other broadcast networks did -- but its coverage was almost always in relation to the allegation (and right-wing talking point) that the IRS unfairly scrutinized the tax-exempt status of Tea Party nonprofit groups and other conservative organizations.
In fact, out of nine segments on Fox News Sunday that discussed campaign finance reform, seven mentioned the IRS allegations or former IRS director Lois Lerner. The program's other two segments were passing mentions of the existence of campaign finance reform, not comprehensive discussions of the issue. While every other Sunday show aired at least one substantive segment on campaign finance reform, Citizens United, or McCutcheon, Fox News Sunday did not.
Below are five stories that Fox News Sunday could have covered to give its viewers a more complete picture of the crisis of big money in politics.
Fox News Sunday invited American Crossroads founder Karl Rove to discuss key 2014 midterm Senate races without disclosing Rove's relationship with the super PAC that has poured millions into influencing the outcomes of the Senate races being discussed.
Rove appeared on the September 21 edition of Fox News Sunday to discuss whether Republicans will take the Senate in the 2014 midterm elections. Rove lauded individual Republicans and trumpeted their chances of winning a Senate majority, but complained that "One advantage the Democrats have had is a big cash advantage" -- an argument he has previously used to fundraise for his political groups.
While host Chris Wallace identified Rove as a "former Bush White House advisor" and a Fox News contributor, he failed to disclose Rove's relationship to political groups fundraising to attack Democrats in the Senate.
American Crossroads and Crossroads GPS, political groups that Rove co-founded and continues to advise, have spent millions dollars attacking Democrats in the Senate races discussed on Fox News Sunday. Here's a breakdown of the groups' spending during the 2013-2014 election cycle from Open Secrets:
Here's a breakdown of the groups' spending on individual congressional campaigns from Open Secrets:
U.S. Sen. Bernie Sanders (I-VT) is criticizing the major news networks' lack of coverage of big money in politics, saying he is "disappointed, but not surprised ... that the networks barely covered the issue."
Sanders' press release comes after a recent Media Matters study found that the subject of campaign finance reform was hardly reported on by either the major networks' evening news programs (ABC's World News Tonight, the CBS Evening News, and NBC's Nightly News) or their Sunday talk shows (ABC's This Week, CBS' Face the Nation, and NBC's Meet the Press). These news programs also largely overlooked the Senate's proposed (and ultimately filibustered) constitutional amendment that would have restored Congress' ability to regulate political spending after the conservative justices of the Supreme Court gutted bipartisan campaign finance law in 2010's Citizens United v. FEC and this year's McCutcheon v. FEC.
Although most of the networks seldom covered the issue, PBS NewsHour, on the other hand, set the standard and broadcast numerous in-depth segments on campaign finance reform, big money in politics, and the Supreme Court decisions that have invited billions of dollars to flow into the federal election system. In fact, PBS NewsHour offered more campaign finance coverage than the other networks combined.
In response to these findings, Sanders called on the media to dedicate more coverage to what he called "the single most important issue facing our country today" and suggested that the networks' insufficient coverage has contributed to the decline of Americans' confidence in the media:
"I am disappointed, but not surprised, by the study's finding that the major networks barely covered the issue of money in politics," said Sen. Bernie Sanders. "There is a reason why confidence in the American media is declining," he added. "More and more people say the media is not paying attention to the issues of real importance to the American people. This study confirms that."
The study found that each network devoted less than single minute per month to talking about campaign finance reform. "To my mind," Sanders said, "the single most important issue facing our country today is that, as a result of the Citizens United Supreme Court decision, we are allowing billionaires to spend hundreds of millions of dollars to elect candidates who will represent the wealthy and powerful rather than the needs of ordinary Americans. This is an issue of enormous consequence."
Sanders cited a recent Gallup poll that found Americans' faith in television news and newspapers is at or tied with record lows. The findings continued a decades-long decline in the share of Americans saying they have "a great deal" or "quite a lot" of confidence in newspapers or TV news.
A Media Matters analysis found that PBS NewsHour has far outpaced other broadcast network news programs in covering the consequences of the Supreme Court's dismantling of campaign finance reform. In the past year and a half, PBS thoroughly analyzed the effects of Citizens United and its sequel -- McCutcheon v. FEC -- dedicating more time to the issue than all the other networks combined.
National Review Online misinformed about an amendment that would reinstate the ability of Congress to regulate campaign finance and counter Citizens United -- the infamous Supreme Court decision that opened the door for the super-rich and corporations to drown out average Americans in the political debate with unlimited sums of money.
On September 8, the Senate voted to debate the proposed constitutional amendment, which would re-establish campaign finance laws that the conservative justices of the Supreme Court struck down in Citizens United in 2010. That decision overturned part of the McCain-Feingold Act -- much-needed bipartisan campaign finance reforms instituted to prevent corruption of the political process and level the playing field between small donors and the wealthy -- and effectively eliminated limits for independent corporate spending in federal elections. Specifically, Citizens United radically rewrote First Amendment precedent and expanded the legal concept of "corporate personhood," with the court ultimately deciding that the political spending by corporations was constitutionally equivalent to the free speech of actual human voters. The conservative justices chipped away at campaign finance limits even further this year in McCutcheon v. FEC, which abolished direct contribution limits that worked to control the corrupting influence of multimillion-dollar donations.
Although the proposed amendment is intended to restore the First Amendment to its pre-Citizens United interpretation, right-wing media are already denouncing the Senate's attempts to stem the explosion of unregulated high-dollar donations with wild exaggerations. In a September 9 editorial, NRO complained that Democrats were planning to "repeal the First Amendment" by proposing the Citizens United amendment -- which the editorial board called "an attack on basic human rights, the Constitution, and democracy itself" -- and suggested the move would "censor newspapers and television reports." From the editors:
Senate Democrats are on the precipice of voting to repeal the First Amendment.
That extraordinary fact is a result of the increasingly authoritarian efforts of Democrats, notably Senate majority leader Harry Reid of Nevada, to suppress criticism of themselves and the government, and to suffocate any political discourse that they cannot control.
The Supreme Court in recent years has twice struck down Democratic efforts to legally suppress inconvenient speech, citing the free-speech protections of the First Amendment in both cases. Senator Reid's solution is to nullify the first item on the Bill of Rights.
The Democrats are not calling this a repeal of the First Amendment, though that is precisely what it is. Instead, they are describing the proposed constitutional amendment as a campaign-finance measure. But it would invest Congress with blanket authority to censor newspapers and television reports, ban books and films, and imprison people for expressing their opinions. So long as two criteria are met -- the spending of money and intending to influence an election -- the First Amendment would no longer apply.
The amendment that Democrats are putting forward is an attack on basic human rights, the Constitution, and democracy itself. If those who would criticize the government must first secure the government's permission to do so, they are not free people.
From the September 3 edition of TawkrTV's The Bill Press Show:
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Washington Post columnist George Will deepened his ethically challenged connections to big-money conservative groups by participating in an Americans for Prosperity summit where prominent Republican presidential hopefuls made their pitch to major donors.
Will's attendance at the Koch-backed group's annual convention comes after he spent months promoting Koch-backed candidates for public offices and advancing Koch-backed policy issues in his syndicated column.
On August 31, Politico reported that Will was part of an "exclusive group of major donors and VIPs" who "dined privately" at AFP's eighth annual Defending the American Dream summit. According to Politico, the summit "has become an increasingly important stop for aspiring GOP presidential candidates." In previous years, Will has also spoken at the summit and been given AFP's highest honor, the George Washington Award.
Will's cozy relationship with AFP has not been disclosed in any of his recent columns promoting key Republican candidates for Congress or governorships, who have benefited from AFP's ad spending. Using his platform at The Washington Post, Will has promoted Michigan Senate candidate Terri Lynn Land, suggesting that she is "the GOP's best answer to the so-called war on women" and contrasting her with Sandra Fluke, whom he smeared as "a professional victim and virtuoso whiner." Will argued that by electing Land, Michigan voters would be able "to show what they think of 'war on women' hysterics as a substitute for thought." Like Will, AFP supports Land and, as Will noted, has already spent $5 million on her behalf. Will did not note his connections to the group.
Will has similarly promoted North Carolina Republican Thom Tillis' candidacy for the Senate, parroting his anti-Obamacare campaign advertisements in a May 30 column. Will defended Tillis against charges that he is an "establishment" moderate by praising his conservative credentials: "Tillis has been an enthusiastic enactor and implementer of the conservatism that North Carolinians voted for." Will noted that AFP has spent $8 million on advertising attacking Tillis' opponent, Democrat Kay Hagan. Charles Koch and his family have also maxed out their contributions to Tillis, and he received a $5,000 donation from the Koch Industries PAC.
Will has profiled Republican Bruce Rauner, who is running to be governor of Illinois, framing the election as a choice between Rauner's push for term limits and his "vows to change the state's fundamental affliction --its political culture" and "the acceleration of stagnation" under the Democratic incumbent, Pat Quinn. AFP has spent at least $120,000 attacking Quinn.
Will also supported the candidacy of Monica Wehby in Oregon. In a July 25 column, he argued that since she has spent 17 years as a pediatric neurosurgeon, "She probably can cope with the strains of legislative life." He cited her "two X chromosomes," opposition to abortion rights, and support of marriage equality to claim she "complicates the Democratic Party's continuing accusation that Republicans wage 'war on women.' " Will also suggested that Wehby isn't too extreme for Oregon because she "won 50 percent of the vote in a five-candidate primary in which her rivals accused her of moderation." The Koch-affiliated group Freedom Partners, which Politico called the "Koch brothers' secret bank," plans to spend $3.6 million on Wehby's race.
Organizations that receive large amounts of Koch funding have also been prominently mentioned in Will's recent columns. Will twice hyped the work of the Institute for Justice, which relied on Charles Koch for seed money, and has since received more than $1 million in money from Koch-backed groups. Will dedicated another column to pushing the Goldwater Institute's effort to create a balanced budget amendment. The group has received more than $1.6 million in donations from Koch-affiliated groups.
Will also offered praise for U.S. District Judge Rudolph T. Randa, who halted a criminal investigation into possible illegal coordination between the campaign of Gov. Scott Walker (R-WI) and outside groups during a recall election. Walker has benefited from more than $10 million in spending by AFP.
Will has previously had problems with nondisclosure. Will has been criticized by media ethicists and veteran journalists for citing groups that are funded by the Bradley Foundation without disclosing that he is a paid board member of that organization. Tom Fiedler, dean of Boston University's College of Communications and former Miami Herald editor, stated that Will's acceptance of an award from the Bradley Foundation "signaled his alignment with its philosophy." Washington and Lee University journalism professor Ed Wasserman said that Will's failure to disclose the relationship was "[o]f course" a problem, explaining that even though Will is known to be a conservative, readers should know if Will's commentary is "independently arrived at rather than a reflection of a nexus of relationships and entanglements that he is embedded in."
Charles and David Koch, brothers and the oil barons who are already shaping the 2014 midterm elections according to recently leaked audio recordings, are often portrayed as environmentally responsible advocates of the free-market that are unfairly targeted by Democrats. However, their political influence, which benefits the fossil fuel industry and their own bottom line, is unparalleled.
CNN's profile of progressive philanthropist Tom Steyer falsely equated Steyer's political donations with those of the Koch brothers without noting the Kochs will spend far more, and it failed to disclose that the group it quoted criticizing Steyer's environmental activism is funded by the Kochs.
During the June 19 edition of CNN's The Lead with Jake Tapper, a profile of environmental activist and philanthropist Tom Steyer attempted to equate Steyer's planned contributions on behalf of candidates who support legislative action on climate change to planned 2014 spending by conservative billionaires Charles and David Koch. During the profile, Tapper portrayed Steyer as a hypocrite, noting that "another point of dispute involves Steyer's assets. ... Steyer made his money as the manger of a $20 billion hedge fund, amassing a fortune through a variety of investments, including many in the very fossil fuels he now decries." Tapper went on to criticize Steyer for having "continued to make money off these unclean energies while simultaneously decrying them," though he also noted that Steyer is divesting his fossil-fuel investments.
The segment also included a clip of Tim Phillips, president of Americans for Prosperity (AFP), accusing Steyer of "hypocrisy" in his previous investments:
Tapper did not note that AFP is what Politico called the "main political arm" of the Koch brothers, or that the group reportedly plans to spend $125 million in this year's elections for the purpose of "benefiting conservatives."
Further, the premise that Steyer's political contributions are equivalent to those of the Koch brothers is flawed. Contrary to Tapper's contention that Steyer is a direct ideological counterpart to the Kochs, the political spending from Steyer is not equal to that of the Koch brothers. According to the Daily Beast, the Kochs have "set an initial 2014 fundraising target of $290 million" to fund a "new energy initiative" intended in part as a response to "the commitment by liberal billionaire Tom Steyer to steer $100 million into ads in several states to make climate change a priority issue in the elections."
Tapper did not mention that Steyer's planned political contributions are one-third of those planned by the Koch brothers' interests.