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.
George Will dismissed Colorado Senate candidate Cory Gardner's support for federal fetal personhood legislation that would outlaw abortions and some birth control measures nationwide, suggesting that Gardner's position is irrelevant because the legislation has "zero chance of passing."
In his October 17 syndicated column, Will sought to neutralize some of the most controversial parts of Gardner's record: his past support for a statewide personhood bill in Colorado and current co-sponsorship of the Life At Conception Act in Congress:
Gardner favors over-the-counter sales of oral contraceptives. In addition to being common sense, Gardner's proposal is his way of making amends for formerly advocating a state constitutional "personhood" amendment (it is again on the ballot this year and will be decisively rejected for a third time) and for endorsing similar federal legislation that has zero chance of passage. By defining personhood as beginning at conception, these measures might preclude birth control technologies that prevent implantation in the uterus of a fertilized egg.
While Gardner has denied that the federal bill is personhood legislation that would broadly roll back women's reproductive rights, independent fact-checkers and leading health organizations say he is wrong. The language of the Life At Conception Act would give rights to a "preborn human person," which is defined as "each and every member of the species homo sapiens at all stages of life, including the moment of fertilization, cloning, or other moment at which an individual member of the human species comes into being."
Will's defense of Gardner's record on personhood is in line with The Denver Post editorial board's October 10 endorsement Gardner, which pardoned his history of opposing marriage equality and abortion rights. National women's group NARAL: Pro-Choice America blasted the Post for endorsing a candidate with positions "that deeply conflict with the paper's previous editorial stances."
From the October 20 edition of Fox News' The O'Reilly Factor:
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National women's organization NARAL: Pro-Choice America and MoveOn are calling out The Denver Post's recent endorsement of Republican Senate candidate Rep. Cory Gardner (CO), running a full-page ad in the paper's Sunday edition that highlights the Post's omission of Gardner's anti-choice policy positions that "deeply conflict with the paper's previous editorial stances."
An October 17 announcement from NARAL: Pro-Choice America and MoveOn.org Political Action declared that the two organizations are teaming up in an effort to "rebuke" The Denver Post's recent "misguided endorsement" of Cory Gardner. Criticizing the news outlet for glossing over Gardner's extreme stance on personhood legislation as well as his positions on climate change and immigration, the organizations will run a full-page ad in the Post's Sunday edition as well as an online ad on DenverPost.com:
A hard-hitting, full-page ad from MoveOn.org Political Action and NARAL Pro-Choice America running inthis Sunday's Denver Post blasts the state's largest newspaper for endorsing Cory Gardner, a far-right candidate who holds views that deeply conflict with the paper's previous editorial stances. MoveOn.org Political Action and NARAL Pro-Choice America are running the print ad as well as online ads on DenverPost.com.
The print ad highlights contrasts between previous positions from The Denver Post editorial board and Gardner's stance on issues including a woman's right to choose, global warming, and immigration reform.
Contrary to The Denver Post's refusal to hold Gardner accountable for his position on fetal personhood legislation, which would greatly infringe on women's access to health care and legal abortion, NARAL and MoveOn's recent ad follows the lead of other media figures unwilling to give Gardner's incomprehensible stance on personhood a pass.
From the October 16 edition of Fox News' The Kelly File:
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A Colorado reporter called out Republican Senate candidate Cory Gardner's efforts to conceal the fact that the federal personhood bill he co-sponsored would end abortion, a refreshing contrast to other media figures' refusal to hold Gardner accountable for his stance.
In the October 15 debate between Gardner and Democratic incumbent Sen. Mark Udall, Kyle Clark, a reporter for NBC-affiliate KUSA, pressed Gardner on his continued denial that the Life At Conception Act is a federal personhood bill that would effectively end abortion procedures, by granting human eggs at fertilization the rights of a living person. Clark emphasized the fact that Gardner is a co-sponsor of the bill, which independent fact checkers widely agree would end abortion, and asked what the candidate's denial says about his judgment and willingness to hide the truth:
CLARK: You continue to deny that the federal Life At Conception Act, which you sponsor, is a personhood bill to end abortion -- and we are not going to debate that here tonight because that's a fact. Your co-sponsors say so; your opponents say so; and independent fact-checkers say so. So let's instead talk about what this entire episode may say about your judgment more broadly. It would seem that a charitable interpretation would be that you have a difficult time admitting when you're wrong, and a less charitable interpretation is that you're not telling us the truth. Which is it?
Gardner's support for personhood legislation has previously been glossed over by many in the media. The Denver Post's editorial board endorsed the candidate by claiming he posed "no threat to abortion rights," a declaration that completely ignores Gardner's support of the federal personhood legislation that would severely handicap women's access to health care and legal abortion.
Syndicated Washington Post columnist George Will echoed the Denver Post's endorsement, claiming that the issue of reproductive rights had already been settled and would not be affected by Gardner's election.
Thankfully, as Clark made clear in his questioning of Gardner, not all media figures are willing to give Gardner a pass on his incomprehensible personhood stance.
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.
National Review editor Rich Lowry equated Kentucky senate candidate Alison Lundergan Grimes' refusal to disclose which presidential candidate she voted for in 2012 with former Republican Rep. Todd Akin's (MO) stunning claim that it is "really rare" for a woman to become pregnant as a result of "a legitimate rape." Lowry suggested the two positions were politically equivalent "gaffes," whitewashing the fact that Akin's statement was not only absurdly disconnected from scientific reality -- it also happened to reflect actual policy priorities of the Republican Party.
During an October 10 interview with the editorial board of The Louisville Courier-Journal, Grimes said she "respect[ed] the sanctity of the ballot box" when asked if she voted for President Obama in past elections. During an October 13 candidate debate, Grimes reiterated her stance on voter privacy:
GRIMES: This is a matter of principle. Our constitution grants, here in Kentucky, the constitutional right to privacy at the ballot box, for a secret ballot. You have that right, Senator McConnell has that right, every Kentuckian has that right.
GRIMES: I am not going to compromise a constitutional right provided here in Kentucky in order to curry favor on one or other side or for members of the media.
In an October 15 column published by Politico Magazine, Lowry exclaimed that "Alison Lundergan Grimes is the Todd Akin of 2014," and argued that Grimes' stated position defending the secret ballot was "a defining political gaffe" for this election. He likened her comments to then-Rep. Todd Akin's infamous statements about rape and pregnancy, in which Akin stated that pregnancies resulting from rape are rare because, "if it's a legitimate rape, the female body has ways to try to shut that whole thing down." Lowry argued that the two candidates represented similar levels of political ineptitude, writing that each was "telegenic, mockable and universally condemned."
Grimes' decision to stand on principle with regard to voter privacy has been labeled a "gaffe" by some, but, as MSNBC's Steve Benen pointed out, it is "an issue the media has deemed extremely important, but which actually affects no one."
By comparison, Akin's alarming comments on rape and pregnancy were reflected to varying degrees in actual policy decisions favored by Republican elected officials and candidates. Akin would later attempt to clarify his remarks amid a "firestorm" of controversy, but maintained his opposition to legal abortion access for women -- a constitutional right codified by the Supreme Court in its 1973 Roe v. Wade decision. In 2012, many prominent Republican candidates and conservative media figures supported banning safe and legal abortion, making the issue a central part of campaign rhetoric.
In October 2012, Indiana Republican senate candidate Richard Mourdock voiced his opposition to abortion "even when life begins in that terrible situation of rape," stating that "it is something that God intended to happen." Around the same time, Republican Rep. Joe Walsh of Illinois supported a ban on all abortion, including cases that would threaten the life of the mother. Walsh falsley claimed that "modern technology and science" had solved the problem of potentially life-threatening pregnancies. During a 2007 Republican presidential debate, Mitt Romney said "we don't want to have abortion in this country at all, period." He went on to state that it would be "terrific" if Congress passed a bill outlawing abortion, which he would be "delighted" to sign. Romney dodged abortion questions throughout his 2012 campaign, but promised to eliminate federal funding for women's health organizations like Planned Parenthood and vowed to be "a pro-life president."
Outlawing access to abortion remains a lightning rod for conservative media, with some right-wing outlets going so far as to tie debates about legal abortion to the crimes of convicted murderer Kermit Gosnell. Right-wing media figures like Karl Rove have pushed the myth that some forms of contraception are actually forms of abortion, while others such as Bill O'Reilly advanced extremist views on fetal "personhood" that would criminalize most abortions.
There is no appropriate comparison between Akin's extreme rhetoric and false scientific claims, and Grimes' personal defense of privacy at the ballot box.
Washington Post columnist George Will ignored Colorado GOP Senate candidate Cory Gardner's controversial policy positions on women's rights to smear Sen. Mark Udall (D-CO) as a one issue candidate. But Gardner has supported measures that would severely limit women's reproductive choice.
On October 10, the Denver Post editorial board endorsed Republican Cory Gardner citing Udall's prioritization of what the Post called "his obnoxious one-issue campaign" on women's issues like abortion.
George Will parroted the Post's criticism of Udall on the October 14 edition Special Report with Bret Baier. Will claimed that "the whole war on women thing has been really worn out by this point," adding that the issue has been settled because contraception and abortion rights have been firmly ingrained in America for more than 40 years:
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.
From the October 13 edition of Fox News' The O'Reilly Factor:
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The Denver Post's endorsement of Republican Senate candidate Rep. Cory Gardner (CO) claimed that he posed "no threat to abortion rights," a declaration that ignores Gardner's support of federal personhood legislation that would greatly infringe on women's access to health care and legal abortion.
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:
From the October 12 edition of NBC's Meet the Press:
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