President Obama will end his second term with more vacancies on the federal courts than there were when he started. Today there are 99 vacancies on the federal circuit and district courts, 33 of which are for courts that are so busy that they’ve been officially designated “judicial emergencies.” This glut of vacancies is in large part due to Senate Republicans’ persistent obstruction of the president’s nominees – even the ones from their own states who they purportedly support. During President Obama’s first term, judicial nominees have had to wait on average three times as long after committee approval for a vote from the full Senate as did nominees in President George W. Bush’s first term.
But some vacancies are due to a less well-known but all too common delay at the very start of the nominations process.
Before he makes a nomination to the federal judiciary, President Obama asks senators from the state where the vacancy has occurred to present him with recommendations. It’s a way to identify nominees from any given state and to ensure home-state, often bipartisan, support for nominees. The problem is, senators from both parties have too often dragged their feet in recommending acceptable nominees, leading to often years-long vacancies in the federal courts.
These vacancies exist despite the fact that most federal judges give months, sometimes even a full year of notice before retiring or taking senior status (semi-retirement) so that a replacement can be found.
This week, senators from Colorado and New Mexico showed how the process is meant to work – and how it would work, if all senators followed their lead.
In Colorado, district court judge Wiley Daniel announced last winter that he would be leaving his seat in January 2013. Colorado senators Mark Udall and Michael Bennet set up a bipartisan commission to find qualified nominees for the seat in a timely manner. They then recommended a set of finalists to the White House, which in turn nominated Raymond P. Moore on Tuesday, before the seat he would fill becomes vacant. Of the 18 future vacancies currently listed by the Administrative Office of U.S. Courts, Colorado is one of only two states with a nominee.
In New Mexico, Judge Bruce Black announced in June that he would be leaving the court in October, just a few short months. So New Mexico’s senators, Tom Udall and Jeff Bingaman, announced their bipartisan commission that very day, leading to the president’s nomination yesterday of Kenneth John Gonzales to fill the vacancy.
There is no excuse for seats on the federal courts to be left open for years, as caseloads multiply and litigants face delays. The senators from Colorado and New Mexico showed how the front end of the judicial nominations process can be efficient and fair.
As we like to remind anyone who will listen, the current GOP senate has been shameless in its enthusiasm for obstructing judicial nominees just for the sake of obstruction. For instance, a PFAW memo on August 2 reported that of 24 nominees then waiting for confirmation votes, 21 had been voted through the Senate Judiciary Committee with no recorded opposition. Instead of sending through at least the unopposed nominees in a voice vote and moving on with its business, the Senate decided to keep these potential jurists off the bench for as long as possible – despite the pressing problem of unfilled judicial seats leading to slowed down justice. Ultimately, 4 of those nominees were confirmed by the Senate before it left for its August recess, and 20 remain waiting. (The Washington Post this morning lamented that such “gamesmanship is not only frustrating but also destructive”)
This sort of thing is a clear example of obstruction for obstruction’s sake. But what about the nominees who do face some GOP opposition? Last week, The Atlantic’s Andrew Cohen took an in-depth look at some of President Obama’s nominees who were ultimately confirmed by the Senate, but who received more than 25 “no” votes. The reason? Most were opposed because of a record fighting for civil liberties or against big corporations. Here are a few of Cohen’s examples:
7th U.S. Circuit Court of Appeals Judge David Hamilton (Votes 59-39). Even though his local Federalist Society endorsed this nephew of former Congressional leader Lee Hamilton, Senate Republicans mostly didn't because, as a trial judge, Hamilton had issued this 2005 ruling which had infuriated the religious right. Citing Supreme Court precedent, Judge Hamilton had ruled that Indiana's legislative prayer before each session could no longer be "sectarian" and regularly invoke the name of Jesus Christ.
Northern District of Ohio Judge Benita Y. Pearson (Votes 56-39). The first black female federal jurist in Ohio almost didn't get the gig. The precise reasons why are unclear. The People for the American Way suggested that she was a member of an animal rights group and thus earned the wrath of those in the cattle industries -- although 39 "no" votes is quite a lot of beef to have against a pioneering jurist.
District of Colorado Judge William J. Martinez (Votes 58-37). By contrast, it is not hard to understand why this Mexico-born nominee roused so much Republican opposition on the floor of the Senate. Before he was nominated, Martinez advised the Americans with Civil Liberties Union and was a lawyer for the Equal Employment Opportunity Commission (just like Clarence Thomas before him, only Justice Thomas' EEOC experience evidently was a boon for his nomination). Of nominee Martinez, Sen. Jeff Sessions (R-Ala.) said: "It seems that if you've got the ACLU DNA you've got a pretty good leg up to being nominated by this president."
District of Rhode Island Judge John J. McConnell (Votes 50-44). It's also fairly clear why Judge McConnell almost didn't make it onto the bench. Senate Republicans didn't like him because the U.S. Chamber of Commerce didn't like him because, as a lawyer, McConnell had successfully sued Big Tobacco and fought for those harmed by lead paint. Evidently that's five Republican votes more serious in the Senate than ticking off Big Beef.
Northern District of California Judge Edward M. Chen (Votes 56-42). Like Judge Martinez, Edward Chen evidently was touched with the "ACLU gene," which rendered him objectionable to Senate Republicans. Sen. Charles Grassley (R-Iowa), whose state's Asian population is nearly three times lower than the American average, voted against Chen because he thought the well-respected former magistrate judge employed the "empathy standard" of judging.
District of Oregon Judge Michael H. Simon (Votes 64-35). Harvard educated? Check. Prior government experience with the Justice Department? Check. So why 35 "no" votes? Because Simon had worked for the ACLU. The seat he took on the federal bench, reported the Oregonian, had been vacant for 664 days, two months short of two years. How would you like to have been a litigant in Oregon during that time?
All of these nominees were ultimately confirmed – but not after plenty of stalling and debate over the value of “ACLU DNA” or of holding big corporations accountable for their actions. When we talk about the many nominees who are unopposed yet unaccountably stalled, it’s important to remember that the few nominees who do face GOP opposition don’t always face that opposition for the most convincing of reasons.
We know the Republican view on taxes. In Minnesota, the government has shut down over Republican refusal to raise taxes on the fewer than 8,000 people making over $1 million. On the national level, Republicans are refusing to even consider raising revenue, threatening to let the U.S. default on its debt. But what about everyday Americans? Even with the influence of the anti-tax Tea Party, Americans strongly support raising taxes in order to decrease the deficit and reduce income inequality, as 19 polls taken since the beginning of the year show. Bruce Braley has the rundown:
A June 9 Washington Post/ABC News poll found that 61 percent of people believe higher taxes will be necessary to reduce the deficit.
A June 7 Pew poll found strong support for tax increases to reduce the deficit; 67 percent of people favor raising the wage cap for Social Security taxes, 66 percent raising income tax rates on those making more than $250,000, and 62 percent favor limiting tax deductions for large corporations. A plurality of people would also limit the mortgage interest deduction.
A May 26 Lake Research poll of Colorado voters found that they support higher taxes on the rich to shore-up Social Security’s finances by a 44 percent to 25 percent margin.
A May 13 Bloomberg poll found that only one third of people believe it is possible to substantially reduce the budget deficit without higher taxes; two thirds do not.
A May 12 Ipsos/Reuters poll found that three-fifths of people would support higher taxes to reduce the deficit.
A May 4 Quinnipiac poll found that people favor raising taxes on those making more than $250,000 to reduce the deficit by a 69 percent to 28 percent margin.
An April 29 Gallup poll found that only 20 percent of people believe the budget deficit should be reduced only by cutting spending; 76 percent say that higher taxes must play a role.
An April 25 USC/Los Angeles Times poll of Californians found that by about a 2-to-1 margin voters favor raising taxes to deal with the state’s budget problems over cutting spending alone.
An April 22 New York Times/CBS News poll found that 72 percent of people favor raising taxes on the rich to reduce the deficit. It also found that 66 percent of people believe tax increases will be necessary to reduce the deficit versus 19 percent who believe spending cuts alone are sufficient.
An April 20 Washington Post/ABC News poll found that by a 2-to-1 margin people favor a combination of higher taxes and spending cuts over spending cuts alone to reduce the deficit. It also found that 72 percent of people favor raising taxes on the rich to reduce the deficit and it is far and away the most popular deficit reduction measure.
An April 20 Public Religion Research Institute poll found that by a 2-to-1 margin, people believe that the wealthy should pay more taxes than the poor or middle class. Also, 62 percent of people believe that growing inequality of wealth is a serious problem.
An April 18 McClatchy-Marist poll found that voters support higher taxes on the rich to reduce the deficit by a 2-to-1 margin, including 45 percent of self-identified Tea Party members.
An April 18 Gallup poll found that 67 percent of people do not believe that corporations pay their fair share of taxes, and 59 percent believe that the rich do not pay their fair share.
On April 1, Tulchin Research released a poll showing that voters in California overwhelmingly support higher taxes on the rich to deal with the state’s budgetary problems.
A March 15 ABC News/Washington Post poll found that only 31 percent of voters publican policy of only cutting spending to reduce the deficit; 64 percent believe higher taxes will also be necessary.
A March 2 NBC News/Wall Street Journal poll found that 81 percent of people would support a surtax on millionaires to help reduce the budget deficit, and 68 percent would support eliminating the Bush tax cuts for those earning more than $250,000.
A February 15 CBS News poll found that only 49 percent of people believe that reducing the deficit will require cuts in programs that benefit them; 41 percent do not. Also, only 37 percent of people believe that reducing the deficit will require higher taxes on them; 59 percent do not.
A January 20 CBS News/New York Times poll found that close to two-thirds of people would rather raise taxes than cut benefits for Social Security or Medicare in order to stabilize their finances. The poll also found that if taxes must be raised, 33 percent would favor a national sales tax, 32 percent would support restricting the mortgage interest deduction, 12 percent would raise the gasoline taxes, and 10 percent would tax health care benefits.
On January 3, a 60 Minutes/Vanity Fair poll found that 61 percent of people would rather raise taxes on the rich to balance the budget than cut defense, Social Security or Medicare.
h/t Teagan Goddard
Earlier this month, members of PFAW Foundation’s Young Elected Officials network were invited to the White House for a day of briefings with top Administration officials and a private reception with President Obama.
The White House communications team caught up with a few of the YEOs after the reception. Here’s what they had to say:
The Senate Judiciary Committee held an important hearing this morning looking into the disturbing trend of the Roberts Court to shut down people’s access to justice when they go to court to vindicate their rights against large corporations.
The hearing was on Barriers to Justice and Accountability: How the Supreme Court's Recent Rulings Will Affect Corporate Behavior. Chairman Leahy opened the hearing discussing how recent Supreme Court cases are making it harder for working Americans to get their day in court. He expressed particular concern about three cases:
The committee invited four distinguished people to address the issue: Betty Dukes (plaintiff in the sex discrimination case against Wal-Mart) was the one panelist who was also a party to one of the cases being discussed. She spoke poignantly about her experience at Wal-Mart and the fear that so many women have of going against their employer, especially one as powerful as Wal-Mart. She promised to continue her fight, but knows that without a national class action, many women will be intimidated into not litigating.
Andrew J. Pincus (a Washington lawyer who has argued many cases before the Court) and Robert Alt (from the Heritage Foundation) denied that the Court was tilting unfairly to favor corporations, argued that the cases were decided rightly, and stated that the Court was simply upholding existing law. In contrast, Melissa Hart (law professor at the University of Colorado) and James Cox (law professor at Duke) took the position that the Court is wrongly shielding wrongdoers from accountability.
Professor Hart correctly characterized as a policy decision the Roberts Court's tendency to interpret procedural law so restrictively, despite congressional intent otherwise, so that Americans become unable to present their case to an impartial court.
Senator Whitehouse discussed the critical role juries play in American government. He noted that juries are mentioned three times in the Constitution, and that they remain a government institution that Big Business cannot corrupt. For years, the far right has been denigrating "trial lawyers" and "runaway juries" in an effort to keep Americans from being able to hold the powerful accountable. Whitehouse argued that the Roberts Court is acting consistently with that pattern.
People For the American Way Foundation submitted testimony to the committee on how the Roberts Court has removed substantive and procedural protections that are the only way that individuals can avoid becoming victimized by giant corporations that dwarf them in size, wealth, and power. These decisions often provide road maps to corporate interests in how to avoid accountability for harm that they do. The constitutional design empowering individuals to consolidate their power against corporations is slowly being eroded by a fiercely ideological Court. Today's hearing is part of an effort to expose the harm that is being done.
The Washington Post today reports on the work some Japanese American groups are doing to support American Muslims, who are increasingly the objects of widespread fear and suspicion because of their faith. These groups see echoes of the persecution Japanese Americans faced during World War II in the scapegoating and vilification of American Muslims, exemplified by the congressional hearings Rep. Peter King is beginning this week:
Spurred by memories of the World War II-era roundup and internment of 110,000 of their own people, Japanese Americans - especially those on the West Coast - have been among the most vocal and passionate supporters of embattled Muslims. They've rallied public support against hate crimes at mosques, signed on to legal briefs opposing the government's indefinite detention of Muslims, organized cross-cultural trips to the Manzanar internment camp memorial near the Sierra Nevada mountains in California, and held "Bridging Communities" workshops in Islamic schools and on college campuses.
Last week, Rep. Michael M. Honda (D-Calif.), who as a child spent several wartime years living behind barbed wire at Camp Amache in southeastern Colorado, denounced King's hearings as "something similarly sinister."
"Rep. King's intent seems clear: To cast suspicion upon all Muslim Americans and to stoke the fires of anti-Muslim prejudice and Islamophobia," Honda wrote in an op-ed published by the San Francisco Chronicle.
Last November, in the heat of the debate over the Park51 Islamic community center in lower Manhattan (aka the “Ground Zero Mosque”), former Supreme Court Justice John Paul Stevens spoke [pdf] about the parallel between the prejudice Japanese Americans faced during World War II the demonization that American Muslims are facing today. Stevens, a WWII veteran, recalled a visit to Pearl Harbor in 1994, when he spotted a group of Japanese tourists and had to fight his first reaction, which was that “those people really don’t belong here”:
But then, after a period of reflection, some of those New Yorkers may have had second thoughts, just as I did at the Arizona. The Japanese tourists were not responsible for what some of their countrymen did decades ago; the Muslims planning to build the mosque are not responsible for what an entirely different group of Muslims did on 9/11. Indeed, terrorists like those who killed over 3, 000 Americans -including Catholics , Jews , Protestants, atheists and some of the 600 ,000 Muslims who live in New York -have also killed many more Muslims who disagree with their radical views in other parts of the world. Many of the Muslims who pray in New York mosques may well have come to America to escape the intolerance of radicals like those who dominate the Taliban. Descendants of pilgrims who came to America in the 17th century to escape religious persecutions -as well as those who thereafter joined the American political experiment that those people of faith helped launch -should understand why American Muslims should enjoy the freedom to build their places of worship wherever permitted by local zoning laws.
Our Constitution protects everyone of us from being found guilty of wrongdoing based on the conduct of our associates. Guilt by association is unfair. The monument teaches us that it is also profoundly unwise to draw inferences based on a person's membership in any association or group without first learning something about the group. Its message is a powerful reminder of the fact that ignorance -that is to say, fear of the unknown -is the source of most invidious prejudice.
People For the American Way has produced four new videos showing the extreme far-right views of four Republican candidates for US Senate: Ken Buck of Colorado; Rand Ron Johnson of Wisconsin; Paul of Kentucky, and Pat Toomey of Pennsylvania. These candidates promise to bring their dangerous agenda into the US Senate, and our videos show the candidates in their own words revealing their radical views on topics such as civil rights, LGBT and gender equality, climate change, the economy, and Social Security. You can find more information about all of the GOP’s extreme candidates for US Senate in People For the American Way’s The Rogues’ Gallery.
Yesterday, Greg Sargent thoroughly debunked a new ad that is targeting Connecticut Democratic Rep. Chris Murphy from the pro-GOP American Action Network. The ad focuses on the recently passed health care reform law, and employs a number of the same misleading charges that other groups have used as detailed in a new People For the American Way report. But the American Action Network takes it one step further, and says that the reform law will mandate “jail time” for people who do not purchase health care insurance:
The ad claims health reform means "$500 billion in Medicare cuts." But Politifact found that "the law does not take $500 billion out of the current Medicare budget."
The ad claims health reform means "thousands of new IRS agents." But Factcheck.org pronounced that assertion "wildly misleading."
As for the claim of "jail time for anyone without coverage," the original bill passed by the House did provide for possible criminal prosecution of those who evade the tax imposed on those who don't get mandated coverage. But FactCheck.org says the Senate nixed that provision, and the final bill Obama signed said folks will not be subject to criminal prosecution.
Now, at least one Connecticut television station has pulled the ad from the air. This new false allegation even rivals the terribly deceptive claim of another American Action Network ad, which says that taxpayers will subsidize Viagra for sex offenders. Sargent reports:
FoxCT, the local Fox affiliate, informed the Murphy campaign that it would stop running the American Action Network ad after the Murphy camp sent the station a letter detailing the ad's falsehoods, the Murphy campaign confirms. "
We have verified that the ad in question is not accurate and will pull their schedule going forward," a FoxCT executive wrote to the Murphy campaign in an email sent my way. "I hope you have reached out to the other stations and they follow the same course."
I'm told other another Connecticut station may follow suit. If so, I'll update you.
All of which is to confirm -- yet again -- that the untold part of this story is that this national campaign bankrolled by secret cash is flooding airwaves across the country with an untold number of falsehoods and distortions. We'll probably never have a clear picture of this campaign's scope and reach, or the depth and extent of its mendacity.
Update: The American Action Network's notorious "Viagra ad" has been pulled from the air in Colorado, according to CQ.
People For the American Way is on the air in Colorado to inform voters about the corporate special interest money that is being used to elect Ken Buck to the US Senate. Coloradans need to know that corporate-funded groups like the US Chamber of Commerce, American Crossroads, and the First Amendment Alliance want Ken Buck in the Senate to push their agenda and block reforms. Corporations want to buy Colorado’s next Senator, and People For the American Way wants to make sure that voters in Colorado know “who’s controlling Ken Buck” and “what are they buying”:
Karl Rove’s Super PAC American Crossroads has received millions of dollars in funding from TRT Holdings and its owner, Robert Rowling. TRT Holdings under Rowling’s leadership owns the companies Omni Hotels and Gold’s Gym. TRT Holdings donated $2,341,000 to American Crossroads, and Rowling himself gave the pro-GOP group $2.5 million. As reported in After Citizens United: A Look into the Pro-Corporate Players in American Politics, American Crossroads and its sister group Crossroads GPS plan to spend well-over $50 million to elect Republican majorities in the House and Senate. Now, activist Michael Jones, through the online community Change.org, is calling on consumers to hold Gold’s Gym accountable for the company’s substantial donations to the pro-corporate, right-wing political organization.
After criticizing Target and Best Buy for contributing hundreds of thousands of dollars to a Minnesota political organization that supports a staunchly anti-gay candidate for Governor, supporters of LGBT equality are now attacking Gold’s Gym and its parent company, TRT Holdings. Most of the candidates American Crossroads supports also have astoundingly anti-gay and anti-equality opinions and records.
Jones has launched a petition that calls out Gold’s Gym, which “markets and caters to LGBT customers,” for using money from their corporate accounts to effectively support candidates “who want to take away civil rights for LGBT Americans.” Jones writes:
Who would have thought that giving money to Gold's Gym could have such ugly consequences for the LGBT community?
Among the candidates that the owner of Gold's Gym is working to elect include Nevada GOP senate candidate Sharron Angle, who is challenging Sen. Harry Reid. Angle, you might recall, has previously said that women who are raped should turn their lemons into lemonade, and that LGBT people should be barred from adopting children. And that's only the tip of iceberg. In years past, Sharron Angle put her blessing behind an insert that went out to voters that said homosexuality would lead to the destruction of the United States, and called gay people "sodomites" and "perverts." She even endorsed a statement that said there was no evidence to suggest homosexuality was biological, and that scientists who argue otherwise are flawed.
Thanks, Gold's Gym!
But Sharron Angle isn't the only candidate that American Crossroads is supporting. There's also Rep. Roy Blunt in Missouri, who is currently running for an open U.S. Senate seat in the state. Blunt has a whopping 0% rating from the Human Rights Campaign when it comes to legislation focused on the LGBT community, and has voted against the Employment Nondiscrimination Act (ENDA), in favor of a constitutional amendment banning same-sex marriage, and in favor of banning gay adoptions in Washington, D.C. And in his current campaign for U.S. Senate, he's made the preservation of the Defense of Marriage Act (DOMA) a hot issue, suggesting that if he loses his race, DOMA will die and gay people will be allowed to get married all over the country. Ah, the horror!
Once again, thank you, Gold's Gym.
American Crossroads also supports Colorado’s Ken Buck, who said that homosexuality was a “choice…like alcoholism,” and New Hampshire’s Kelly Ayotte, who believes that gay and lesbian couples should not have the right to adopt children, among other anti-equality Republicans.
Now, four Gold’s Gyms in the San Francisco Bay Area just released a statement saying that they will leave the Gold’s Gym brand as a response to TRT Holding’s political donations.
In the end, corporations should not just face petitions from consumers to stop financing political groups, but should be restricted from spending money in elections in general. Nine in ten Americans want “clear limits on how much money corporations can spend to influence the outcome of an election,” and Gold’s Gym and other companies should know that the public does not want them using their money from their general treasuries to influence elections.
A classic claim of pro-corporate shills regarding Citizens United is that campaign finance reform is the equivalent to banning books and government censorship. As Chief Justice Roberts said, “we don’t put our First Amendment rights in the hands of FEC bureaucrats.”
But what Americans are experiencing this election year is the emergence of political organizations with secret sources of funding, an increase in corporate “Astroturfing” through front groups, and an avalanche of money to run misleading advertisements across the country.
In the New York Times, Timothy Egan points out how the astronomical amount of money poured into this election is actually drowning-out the voices of citizens and distorting the democratic process. Egan writes that the Court’s decision in Citizens United “will go down in infamy” for giving corporations the right to easily and secretly fund political groups “to bludgeon the electorate” by flooding the airways with deceptive ads:
Here’s what’s happened: Spending by interest groups in this fall’s senate races has gone up 91 percent from the same period in 2008, according to the Wesleyan Media Project. At the same time, spending by political parties has fallen 61 percent.
So corporations, whose sole purpose is to return money to shareholders, were given the legal right to be “natural persons” in our elections and are now overwhelming them. But political parties, which exist to promote ideas and governing principles, have seen their voices sharply diminished.
If the hell of Colorado’s current election season is what those isolated, black-robed kingmakers on the high court had in mind, you certainly didn’t see it in the nonsense of their decision.
“We should celebrate rather than condemn the addition of this speech to the public debate,” wrote Justice Antonin Scalia in his concurrence of Citizens.
I can’t find any celebrating in Colorado, except by broadcasters cashing the checks of big special interest groups. Republicans and Democrats, conservatives and liberals, by a large majority in the polls, agree on this: outside groups should not be allowed to dominate election spending.
The court missed the reality of what would happen once the floodgates were opened to the deepest pockets of the biggest players. They turned back a century of fine-tuning the democracy, dating to Teddy Roosevelt’s 1907 curbs, through the Tillman Act, against Gilded Age dominance of elections. They focused on a fantasy.
“The First Amendment protects more than just the individual on a soapbox or the lonely pamphleteer,” wrote Justice Roberts.
Come to Colorado, your honor. You will see that those iconic individuals don’t have a prayer in the post-Citizens-United world, let alone some broadcast time for the soapbox.
Here was the court’s prediction: “The appearance of influence or access will not cause the electorate to lose faith in our democracy.” Really? Perhaps the top complaint this year about the barrage of outside attack ads is that nobody knows who is behind them, which promotes the exact opposite of what the Roberts court predicted.
Celebrating yet? Get used to it. Though Republican-leaning special interests are currently outspending the other side by a 9-to-1 ratio, Democrats will soon follow Karl Rove’s lead and learn to bundle and hide wealthy contributors.
As ugly as 2010 has been, the next election cycle, for president in 2012, will bring us a John Roberts’s America that will make this year look like a town hall meeting from a Rockwell painting.
As I was reading Brian's blog post on the "First Amendment Alliance" - the energy industry front group that has already pumped nearly a million dollars to
purchase elect a Republican Congress - I came across a familiar name: Clayton Williams of Clayton Williams Energy has donated $100,000 to the front group.
Anyone who was living in Texas in 1990 remembers Clayton Williams. He was the GOP candidate for governor who lost to Ann Richards that year - and who said that women should enjoy getting raped, a remark for which he was forced to apologize. As the New York Times reported at the time:
Mr. Williams made the remark on Saturday while preparing for a cattle roundup at his West Texas ranch. He compared the cold, foggy weather spoiling the event to a rape, telling ranch hands, campaign workers and reporters around a campfire, "If it's inevitable, just relax and enjoy it."
By any standard, the remark was over the line, and the uproar over it contributed to his losing the election.
In 2008, John McCain insisted that a fundraiser at Williams' house be moved after he got worried about guilt by association ... but still took advantage of the $300,000 that Williams helped bundle.
The entire “First Amendment Alliance,” as if it weren't sleazy enough already, is particularly tainted by the participation of Clayton Williams. So, too, are the campaigns of Republican Senate candidates profiting from this dirty money, including Ken Buck of Colorado, Rand Paul of Kentucky, Christine O'Donnell of Delaware, and Sharron Angle of Nevada.
The First Amendment Alliance is a 527 “Super PAC” that can raise unlimited funds from corporations and individuals for independent expenditures on the election, and the group is currently smearing Democratic candidates for Senate with negative ads in competitive races. So far, the First Amendment Alliance has spent over $800,000 running attack ads against Democrats Michael Bennet of Colorado, Jack Conway of Kentucky, Chris Coons of Delaware, and Harry Reid of Nevada.
On its website, the organization says “we communicate instances of waste, fraud, hypocrisy, and general disregard for standards of civility in society,” and its contact information only lists a mailbox in Alexandria, Virginia. Its President, Anthony Holm, works on the campaign of Texas Governor Rick Perry and was tied to a GOP scheme to place a Green Party candidate on the ballot for governor in order to take away votes from Rick Perry’s Democratic opponent. But Holm is also a representative for GOP mega-fundraiser Bob Perry, who contributed $4.45 million to Swift Boat Veterans for Truth in 2004 and recently donated $2.5 million to the Republican Governors Association.
According to a review of the group's recent FEC filings, it's clear that the First Amendment Alliance is a sham group for the energy industry whose office is a mailbox. Nearly every single donor, including businesses and individuals, has links to the energy industry. Of the 73 contributors, 39 are businesses and 34 are individuals, and 70 of the donors are clearly tied to the oil and gas industry. The group raised close to $1.1 million, and of that amount more than $300,000 came from businesses tied to the energy industry and over $600,000 came from individuals with energy connections.
Here is just a sampling of some of the group’s most generous donors: Oilman Russell Gordy contributed $150,000, Clayton Williams of Clayton Williams Energy and Earl Rodman of Rodman Petroleum both donated $100,000. The Anschutz Corporation donated $50,000, and Melange Associates and Chisos LTD, which are both involved in oil and gas exploration, gave $25,000 each. And of course, Bob Perry gave the group $50,000 this year.
The First Amendment Alliance has to disclose its donors according to FEC rules for “Super PACs,” but many political organizations that are 501(c) groups, like Crossroads GPS and the Chamber of Commerce, never have to disclose the sources of their funding. As a result of such disclosure rules, we now know who is behind the First Amendment Alliance’s attack ads in Senate races across the country.
Using those funds, the group launched an aggressive, and sometimes plainly dishonest, campaign aimed at defeating Democratic candidates for the Senate.
In addition to attacks against Senators Bennet and Reid, the First Amendment Alliance’s ad against Jack Conway was so misleading that one TV station pulled it from the airways. In the ad, the First group used information showing the increased numbers of meth-labs shut down by police officers as evidence that the number of meth-labs increased while Conway was Attorney General. In essence, it used statistics pointing to increased effectiveness by Kentucky law enforcement to deceptively claim that Conway was unsuccessful in fighting drugs. Conway actually presided over the largest drug-bust in state history, and the Kentucky Fraternal Order of Police cited Conway’s achievements in cracking down on drugs as one of the reasons the group endorsed him. The Glasgow Daily Times reports that “Barren County Sheriff Chris Eaton says law enforcement ‘would be lost’ in the war on drugs if it weren't for federal help, funding assistance opposed by Republican Senate candidate Rand Paul.” Paul, Conway’s Republican opponent, also asserted that drug abuse was not “a pressing issue” in the state.
In its Delaware ad, the First Amendment Alliance accuses Democratic Senate candidate Chris Coons of “bankrupting New Castle County,” even though the county under Coons’s leadership received a triple-A bond rating, which Moody’s Investors Services said “reflects the county’s strong financial operations bound by conservative policies.” Despite such proof of sound fiscal leadership, the First Amendment Alliance falsely claims that Coons is responsible for an “economic train wreck.”
With enormous backing from the energy industry, it is no wonder why the First Amendment Alliance wants to defeat progressives running for the US Senate. Find out about the other pro-corporate groups spending tens of millions of dollars in an attempt to influence the election in People For the American Way's report, "After Citizens United: A Look Into the New Pro-Corporate Players in American Politics."
With Election Day fast approaching, tens of millions of dollars from corporations flooding the airwaves each week and seemingly endless news stories about apathy in the Democratic base, right-wing candidates are getting more brazen -- advancing ever more extreme positions and spreading outright lies.
Sharron Angle, the Republican running to unseat Harry Reid in Nevada, told a crowd that Dearborn, Michigan and a town named Frankford, Texas are under Islamic Sharia Law. Utter nonsense. The statement earned her a strong rebuke from the Mayor of Dearborn and it turns out that Frankford, TX doesn't even exist!
Rand Paul, running for Senate in Kentucky, now supports ending the income tax in favor of a more regressive national sales tax that would hit the poor and middle class far more harshly than the income tax. After saying a few months back that he would have opposed the Civil Rights Act of 1964, and making controversial statements about mining and the BP oil spill, Paul's handlers have tried hard to keep his extremism under wraps. But for someone as "out there" as Rand Paul, that's hard to do for very long.
In a debate on Wednesday night, Tea Party favorite and Republican Senate candidate in Delaware, Christine O'Donnell, perpetuating an attack that has been thoroughly discredited, accused her Democratic opponent Chris Coons of being a Marxist, based on Coons' tongue-in-cheek comment in an article he wrote as a student. On a roll, O'Donnell launched into a rant that included attacks on Coons for things he never said and completely fabricated declarations about the "tenets" of Marxism.
These are just some of this week's salvos from the right-wing Rogue's Gallery of Senate candidates -- let's not forget some of the past gems from Tea Party candidates. Sen. Russ Feingold's opponent in Wisconsin, Ron Johnson, is such an extreme pro-corporate ideologue that he tries to push the notion that global warming is caused by sunspots in order to cover for corporate polluters... he also wants to drill for oil in the Great Lakes and even fought against protections for victims of child abuse on the grounds that it would be bad for business.
But the worst of the bunch has to be Colorado's GOP Senate candidate Ken Buck. When he was a county D.A., he refused to prosecute a rape that the accused essentially admitted he had committed. Instead, Buck chose to blame the victim, calling her charges a case of "buyer's remorse." Perhaps most disturbingly, it appears his statement and inaction might have been retribution for what some claimed was an abortion the victim had a year before (despite the victim's claim that she had a miscarriage). Keep in mind this is a man who is against legal abortion even in the cases of rape and incest, and apparently agrees with Sharron Angle that rape victims who become pregnant as a result of their assault should make "lemonade" out of "what was really a lemon situation."
If this weren't enough, this week an interview from March reemerged in which the "get rid of government no matter what the cost" Buck actually came out in favor of privatizing the Centers for Disease Control and Prevention! Imagine the CDC privatized -- the profit motive being the sole determination for whether the Center might act to save millions of lives... or let millions suffer or even die.
This is what extremism looks like. These could be the new people making our laws.
But it's not too late. We can Stamp Out Extremism. Please, this election, dig deep, speak out and get involved.
The latest poll numbers have progressive Democrat Joe Sestak ahead of pro-corporate extremist Pat Toomey in the Pennsylvania Senate race for the first time... Colorado is a very tight race and our endorsed candidate Michael Bennet is in position to defeat Buck with enough of our help... the progressive Senate candidate in Kentucky, Jack Conway, is running very close and could actually beat Republican Rand Paul because of his extremism... and we are fighting tooth-and-nail to keep Russ Feingold in the Senate and stop the radically right-wing Ron Johnson. We are in the process right now of producing ads for all of these states and more, and finalizing our field plan to get out the vote.
Please stay tuned for more on those products and activities, and, in the meantime, help spread around our resources, like our "Rogues Gallery" report, which calls out the GOP's extremist Senate candidates, and our "After Citizens United" report, which exposes the corporate front groups that are trying to buy this election for the Republicans.
UPDATE: Jed Lewison at Kos highlights right-wing candidates attacks on the miminum wage:
As Joan McCarter (here, here, and here) and DemFromCT (here) have documented, in the past few weeks leading Republican candidates have come out against the minimum wage, either calling for it to be lowered or for eliminating it altogether because they think it's unconstitutional. And now West Virginia GOP Senate nominee Joe Raese is once again vowing to repeal the Fair Labor Standards Act which established the minimum wage.
The key thing about the GOP position is that it's not just the minimum wage that they want to get rid of. They want to nuke virtually every law and regulation that protects workers. And that includes another provision of the Fair Labor Standards Act: overtime pay.
UPDATE 2: Tea Party House candidate in California's 11th Congressional District, David Harmer, wants to abolish public schools. Sharron Angle and others want to do away with the Department of Education, but Harmer's position could be an even more extreme attack on public education. Harmer is leading progressive incumbent Rep. Jerry McNerney in the polls...
In the world of sports, corporate sponsorship has increasingly become associated with naming rights. That's why we now have the Allstate Sugar Bowl, the Discover Orange Bowl, and the Kentucky Derby presented by Yum! Brands.
But why limit this to the world of sports? Perhaps it's time for Americans to recognize the corporate sponsorship of Republicans in Congress and on the campaign trail by using corporate sponsorship names.
The only catch, of course, is that the megacorporations that are spending unprecedented amounts of campaign cash are hiding their identities in the shadows. Fortunately, though, we know the organizations who are laundering the money for them.
So if the elections go as the Republicans and their corporate sponsors hope, we may well soon be talking about Sen. Club For Growth Buck of Colorado and Sen. Club For Growth Johnson of Wisconsin.
For those who appreciate a little foreign influence in their elections – and on their elected officials – perhaps
the people of Missouri, Indiana, and Illinois corporations will see their interests represented by a Sen. Chamber of Commerce Blunt, Sen. Chamber of Commerce Coates, and Sen. Chamber of Commerce Kirk.
Of course, we shouldn't forget the hard work that Karl Rove has been doing to hide the unprecedented deluge of corporate campaign cash from the American public. So we may soon be welcoming Sen. American Crossroads Fiorina of California, Sen. American Crossroads Paul of Kentucky, Sen. American Crossroads Portman of Ohio, and Sen. American Crossroads Ayotte of New Hampshire.
As any sports fan knows, the fights over naming rights can be quite expensive. So should Harry Reid lose his race for reelection, there may well be a bidding war over whether Nevada will be represented by Sen. American Crossroads Angle, Sen. Club For Growth Angle, or Sen. Americans For New Leadership & Liberty Angle.
Alternatively, Americans can show up to the polls to fulfill the words spoken by Abraham Lincoln at Gettysburg: that government of the people, by the people, and for the people, shall not perish from the earth.
Our Rogues’ Gallery report chronicles, among other themes, the regressive attitudes of many of this year’s far-right Senate candidates toward women’s rights. Not content to be merely anti-choice, candidates like Sharron Angle and Joe Miller say abortion should be illegal even in cases of rape or incest. Angle most famously expressed the far-right attitude toward the right to choose when she said teenage rape victims should try to make “lemonade” out of “what was really a lemon situation.”
Colorado’s Ken Buck has been among the staunchest opponents of a woman’s right to choose, saying he’d sponsor a constitutional amendment to make abortion illegal and would try to prevent organizations like Planned Parenthood from receiving government funds.
Now, from the Colorado Independent, comes a story of Buck’s refusal to prosecute a rape case when he was a district attorney. One of the reasons? He thought the victim had earlier had an abortion, and was somehow retaliating against her assailant by attempting to prosecute him. In the end, Buck chalked the whole thing up to what he called the victim's “buyer’s remorse”:
He said the facts in the case didn’t warrant prosecution. “A jury could very well conclude that this is a case of buyer’s remorse,” he told the Greeley Tribune in March 2006. He went on to publicly call the facts in the case “pitiful.”
If he had handled it with a little more sensitivity, the victim, who does not want her name used, says it is possible she may have accepted the decision and moved on. But Buck’s words — as much as his refusal to prosecute — still burn in her ears.
“That comment made me feel horrible,” she told the Colorado Independent last week. “The offender admitted he did it, but Ken Buck said I was to blame. Had he (Buck) not attacked me, I might have let it go. But he put the blame on me, and I was furious. I still am furious,” she said.
It wasn’t just his public remarks that infuriated the woman. In the private meeting, which she recorded, he told her, “It appears to me … that you invited him over to have sex with him.”
He also said he thought she might have a motive to file rape charges as a way of retaliating against the man for some ill will left over from when they had been lovers more than a year earlier. Buck also comes off on this tape as being at least as concerned with the woman’s sexual history and alcohol consumption as he is with other facts of the case.
“She is very strong about her feelings,” said Forseth of the victim. “She believes a grave injustice has been done and that she is a victim of the system.
“What’s most troubling to me about this case,” Forseth continued, “is the way he talks to her in that meeting. There is just so much judgment, in his voice, toward the victim. I would think a district attorney would be an advocate for victims and offer some support, but instead he offers indignation and judgment.”
The suspect in this case had claimed that the victim had at one point a year or so before this event become pregnant with his child and had an abortion, which she denies, saying she miscarried. The suspect’s claim, though, is in the police report, and Buck refers to it as a reason she may be motivated to file charges where he thinks none are warranted.
“When he talks about the abortion as the reason she wants charges filed, that has nothing to do with the law or this case,” Forseth says. “That is his personal bias coming into play. He’s bringing his own personal beliefs and judgments to bear on this case, when he should be acting as a victim’s advocate.”
If Buck can’t represent a rape victim without publicly insulting her, it’s hard not to ask: how can he represent an entire state in the Senate?