Archive for March, 2005

Fusion Goes Cold

Jonah Goldberg’s syndicated column takes on criticisms of the current Republican Party coming from me, Andrew Sullivan and Glenn Reynolds. His response in a word: Chill.

In a few more words:

Take a deep breath, everybody.

True, the conservative coalition has its share of contradictions, but that’s to be expected of any growing ideological movement or political party. Franklin Roosevelt’s coalition included racist southerners, progressive blacks and Jews, liberal reformers, grafters, and machine bosses. These people fought a lot. They fought over policy, and they debated who really had Roosevelt’s support. From the 1920s to the 1950s, a debate raged around the question, “Whither liberalism?” Was it over? When did it die? What does it mean now?

Something similar has been going on with conservatism ever since William F. Buckley launched National Review. From the 1950s onward, various conservatives — mostly, but not entirely, of a libertarian bent — have predicted the movement must come a cropper from its internal contradictions. Buckley was constantly fending off assaults from ideological brigands trying to commandeer the ship of conservatism and steer it toward purer waters of religious, libertarian or anti-Communist hues. Buckley stood firm and said, no! There be monsters there. Buckley was aided by the conservative theorist Frank Meyer, who fashioned the doctrine of “fusionism,” which held that freedom and virtue were inextricably entwined; virtue not freely chosen is not virtuous.

That’s all hunky dory, except that the old fusionism was held together by the fact that all of the fused parties believed in small government.

That’s simply not the case anymore in the Rove-Bush party.

I go into more detail in my next Tech Central Station column, which I’ll link when it becomes available.

Treglia on Fox

Fox News picks up the Treglia tape story here.

They don’t credit me anywhere, but you can watch the video online.

Of Mice and Cookies

What’s the deal with the current push to regulate blogs? Remember: Show us the money!

My latest column in The Post looks at who’s behind the crackdown:

If you give a mouse a cookie, he’ll ask for a glass of milk. Then, he’ll ask for a straw. Eventually, he’ll ask for your whole house.

That’s not just the plot of a popular children’s book: It’s the strategy of the campaign-finance-reform lobby — and it’s on display right now as the enemies of free speech begin a long-planned crackdown on the Internet.

Under a court order, the Federal Election Commission has drafted rules to apply the Bipartisan Campaign Reform Act of 2002 (a.k.a. McCain-Feingold) to the Web. These would be the first restrictions of online politics — especially on Web logs, the journals known as “blogs.”

The folks behind this push claim that they just want to make sure paid political ads on the Web don’t slip through a “loophole.” Yet the “reformers” have already put us on notice that it won’t end there.

Any regulation of blogs opens up a large class of small-time political commentators — without access to The New York Times’ legal team — to frivolous complaints and endless harassment by way of the FEC. And you can be sure it will be the most successful bloggers, those doing the most to sway public opinion for or against candidates, who will be targeted.

You can also get a good idea of what the reformers think of free speech on the Internet by taking a look at the court papers they filed in forcing the FEC crackdown.

More Relevant

And now, more to the point regarding that Campaign Legal Center item — meant, I suppose, to put the money spent by the campaign-finance-reform lobby in some kind of context — here are some more relevant figures.

The CLC may think that all of the money spent on the 2004 election is somehow a relevant figure, but I’d say let’s look at the CFR lobby versus other special-interest groups.

And, to do so, we have figures from another member of the CFR lobby (remember, I’ve never questioned the accuracy of any of these groups, just connected the dots between them and their liberal foundation backers) the Center for Responsive Politics.

So, here’s what some major industries gave in campaign contributions from 1990-2004:

Lawyers and Law Firms: $652 million
Securities and Investments: $390 million
Insurance: $234 million
Oil & Gas: $180 million
Public Sector Unions: $143 million
Pharmaceuticals/Health Products: $119 million
Education: $96 million

Now, it’s not exactly apples to apples. The CFR money was spent on think tanks and lawyers, and the industry contributions were, well, contributions.

But these industry contribution totals encompass two full election cycles (1990 and 1992) more than the Political Money Line total (which counts from 1994 to 2004).

The $132 million spent by the CFR lobby in 10 years is right up there with any of these other industries’ spending over 14 years.

Defensive Much?

The Campaign Legal Center puts up this fun little item to try to knock down the Political Money Line report I’ve mentioned in some of my articles:

Financing Reform: A Reality Check: Thoughts from Mark Glaze, Director of Public Affairs

A few editorialists have recently noted a study showing that private foundations spent $123 million over 10 years to support efforts to reform the nation’s campaign finance laws. (1)

By any standard - except perhaps Washington’s - $12.3 million a year is indeed lot of money. But, as it turns out, it’s a relative drop in the bucket compared to the money others were spending to lobby Congress, to get elected or to oppose reform.

With apologies to the Harper’s Index, here is a Washington reality check:

Amount spent by corporations to lobby the U.S. Congress from 1998-2004: over $8 billion (2)

Amount spent by candidates, parties and outside groups on Election 2004 alone: nearly $4 billion (3)

Amount of soft money raised by the national parties from 1992 - 2002: nearly $1.7 billion (4)

Amount spent by 527 groups, in apparent violation of campaign finance law, in Election 2004: $482 million (5)

Amount the Federal Election Commission spent enforcing (or not) the campaign finance laws from 1996-2005: $342.5 million (6)

Amount received by the National Rifle Association, which filed suit to have the McCain/Feingold law thrown out, from 2000-2002: (two years only) $544.1 million (7)

Amount received by the Heritage Foundation, a campaign finance reform opponent, from 1998 - 2003 (five years only): $234.6 million (8)

Amount received by the CATO Institute, another campaign finance reform opponent, from 1997 -2003 (six years only): $100.4 million (9)

Number of $100,000+ soft money checks written by corporations, unions, foundations, wealthy donors and special interest groups to the political parties to win legislative favors: after passage of McCain/Feingold, 0.

So, does that last item mean all these “good government” groups will pack it up and never be heard from again?

Bearing False Witness

Speaking of the Schiavo case, Cathy Young has a post up at Reason’s Hit & Run blog on the absolutely astounding number of falsehoods coming out of the keep-her-alive crowd:

I’m very angry right now, at the hysteria and the lies, at the collective insanity unfolding on the news. There are people claiming, and barely being challenged by interviewers, that Terri Schiavo is still trying to talk, smiling, and lifting her arms to “dance” in response to music. (If she were conscious and being slowly killed by hunger and thirst, would that be a likely response?) There’s the preposterous story by the lawyer who claimed that she elicited the beginning of an “I want to live” from Terri — which, of course, conveniently happened with no witnesses and no tape recorder, and which this lawyer waited to report for a week after the removal of Terri’s feeding tube. For most of the people who are championing this cause, this is not about protecting Terri Schiavo’s rights. I heard one of the protesters say on the news, “It’s not what Terri would have wanted, it’s what God wants.” I don’t think the religious right is our own homegrown Taliban, but maybe it’s about as close to a Taliban as you can have in modern American society. These are people who really do want the state to enforce their vision of “what God wants.” In the name of this cause, apparently, it’s more than okay to forget that little Ten Commandments thing about bearing false witness.

Neither side has a monopoly (or even a healthy market share) of virtue in this case, but some pretty inane things are coming from those sympathetic to the parents. It’s fine to think the tube should stay in and to believe that it’s never OK to let life end when it can be prolonged, but simply disregarding all scientific evidence and making odd, even magical, claims does nothing to bolster that case.

Tubism

I’ve never been called a “center-right anti-tubist” before. But I guess there’s no such thing as bad press.

Mickey Kaus had this to say:

Center-right anti-tubists–Reynolds, Sager, and Sullivan — are getting some righteous, echo-chamber traction denouncing Congress’ action in the Schiavo case for its violation of “states’ rights” principles. Here’s Sager, quoted by Reynolds:

The forums for matters such as the Schiavo case are state courts, upholding state laws. Conservatives, especially religious conservatives — who want Roe v. Wade overturned and the issue of abortion moved back to state legislatures and courts — should understand this better than any other group of Americans.

That’s a fine argument if you’re a states rights conservative. But what about those of us who aren’t? Do we now have to agree with William Rehnquist’s jurisprudence? I’ve always thought the country would be better off divided into 10 numbered sectors. State governments mainly multiply the federal bureaucracy X 50. And if state laws have created a crazy system for making life-ending decisions–a fictititious judicial hunt for the near-decedent’s “wishes” guided by potentially-conflicted spouses–it’s perfectly reasonable to seek a better, national solution, just as it was reasonable to blow off “states’ rights” when local jurisdictions sought to discriminate against blacks. … P.S.: Roe v. Wade is inapposite here. Roe didn’t transfer authority over abortion from the state legislature to the federal legislature. It removed the issue from both state and federal legislatures–from any sort of democratic decision making–and gave it to the Supreme Court. If Roe is ever overturned, will the abortion issue go back to the states? I doubt it. Federal legislation would be inevitable, and proper.

I think Kaus could have a point, if we were dealing with a broad-based question about fundamental rights — as we were with segregation. But we’re not.

What we’re dealing with is a very unfortunate and complex family dispute that some national politicians grabbed a hold of to pander to the religious right.

There’s certainly a debate to be had about the right to die, and some states — maybe including Florida — might have inadequate systems in place when it comes to determining the wishes of the incapacitated. But I see absolutely no evidence that the state courts and legislatures have somehow dropped the ball here, necessitating intervention by the feds.

What I see is an ugly family fight that turned into a national soap opera.

Reading Rainbow

Lastly for tonight, here’s a book review of mine, under the headline “The Conservative Rainbow.”

Amazingly, it’s not about the Log Cabin Republicans.

Hillary in 2008!

So, a wide-ranging discussion left all of us with some important questions.

Chief among them: If 2008 is Hillary vs. McCain, who will we vote for?

I’m hopping on the Hillary 2008 bandwagon while there’s still room.

Proof of Crisis

Now, the response to any talk about problems in the conservative-libertarian alliance is typically — at least on the conservative side — that we’ve been here before and the libertarians ain’t going anywhere.

This was, at the risk of simplifying it too much, Mitchell’s point. And it’s a fair one. I think the burden is on those who see a crisis coming to articulate it — and to articulate why it’s different from past “crises.”

What I’d say is that while libertarians stuck with conservatives through the Cold War and through the Clinton War — and then to take back the White House in 2000 — the forces that have existed in the past to push the two sides together have disappeared.

The War on Terror, more than the Cold War, pushes conservatives and libertarians apart. Partly this is because conservatives have decided that civil rights are meaningless in time of “war” — however ill-defined a concept that may be when it comes to terrorism. And partly its because libertarians suffer from Vietnam syndrome in the extreme and haven’t had a serious response to the question of how you fight a war against a non-state entity without some form of preemption.

What’s more, the old argument that libertarians would never vote for Democrats over Republicans because Democrats are automatically worse on size-of-government issues than Republicans is…well, it’s wearing pretty thin.

To say the least.

Wednesday’s Hill Talk

So, I wanted to give a brief account of the talk I gave on Wednesday to a group of libertarian-minded Hill staffers.

I was kindly invited down to D.C. after this column on CPAC ran on Tech Central Station. Ike Brannon, the chief economist of the Joint Economic Committee, runs a fairly informal group that used to be called the Libertarian Lunch, but now is called…well, they really need to get themselves a name. It would make it a lot easier to explain to my boss where I was that day.

Anyway, over lunch with about 20-30 people, I gave some remarks, and was joined by John Mitchell of Reader’s Digest. Mitchell represented the “conservative” half of the conservative-libertarian divide.

I laid out an argument as follows:

There’s always been tension in the conservative-libertarian coalition, but these days people are sensing something different. President Bush’s full-on embrace of big government conservatism, married to radical social conservatism, has left the libertarian wing of the party with precious little reason to stay in what’s been described as our “marriage” with social conservatives.

Reason’s editor, Nick Gillespie, has dubbed it an abusive relationship, where libertarians keep getting slapped around but also keep coming back. (This got a big laugh.)

So, the question is what libertarians should expect from the Republican Party going forward.

As of now, there’s little reason to expect any retreat from the BGC direction it’s been moving in for the last four years. Witness, in the last couple weeks alone, the steroid hearings and the Terri Schiavo circus.

The Republican leadership, in the White House and Congress, seems relatively in love with the idea of a “permanent majority,” to be achieved by wooing union members with expanded middle-class entitlements and a tone on “values” issues more in line with them than that taken by the Democrats.

But, for all this approach’s appeal as far as vote-getting potential, I don’t see it working terribly well in the long term.

First of all, the Republican Party hasn’t made that much progress so far with union members, or blacks and Latinos, with its government-and-God strategy. Even with its advantage on the War on Terror, it won a pretty thin victory in 2004.

What’s more, I see no reason to believe that the Democrats will remain at their current disadvantage on national security for long. Republican successes in the War on Terror could make a lot of people forget about terrorism in 2008. Also, a Hillary Clinton candidacy could close the gap on this issue pretty quickly — she’s spent years building up a hawkish record.

And so, where do I think the Republican Party should go? I think it should work on selling small government conservatism and expanding the base for the same. Part of this, going forward, would be to link the Republican Party to a more inclusive set of social policies. Even young conservatives are not on board with the current gay-panic conservatism — and it’s making it harder and harder for more moderate folks to call themselves Republicans at all.

The question of what more the Republicans can do to sell small government is of course a very serious one — and one that, honestly, I don’t think libertarians have a very good answer to yet.

But we’re working on it. Or at least we should be.

More Money for ‘Money in Politics’

Political Money Line has on its main page news on a new grant for “Money in Politics”:

The Ford Foundation website states that it has given a $300,000 grant in 2005 to the Center for Responsive Politics for “General support for nonpartisan research and public education on the role of money in politics.”

As always, there’s nothing devious or wrong about these grants. The point is that the media and lawmakers should be paying close attention to just who funds the campaign-finance-reform lobby. And the media should at least be asking what it is that these liberal foundations want.

Is it clean politics for its own sake, or is it in service of a larger agenda?

I also want to make something very clear: The Political Money Line report on the “Campaign Finance Lobby” is likely to come under intense attack. The scrutiny should be welcomed by people on both sides.

But let’s not have any misrepresentations of how this report is put together. What the PML folks did was look at a very opaque sector: foundations. The foundations are not required by law to make public very much about the money they give away, nor are the non-profits who take the money required to make public very much about what they receive — especially as regards the purpose of a grant.

The PML report is, in effect, limited by how transparent the groups in question have chosen to be. Its technical notes show how it was put together:

Background Notes and Explanations:

Year of Grant –In most cases the dates of grants are as stated by the grant making foundation. These may not always match with the Fiscal Year date of the recipients.

Not all grants made in 2004 have been made public. Some foundations have issued press announcements of grants and they have been included. No I.R.S. Form 990 financial reports for 2004 are available yet.

Attempts were made to have organizations receiving grants make public their complete Form 990s for the years 1994-2004. Many organizations did make available for review complete copies of their Form 990s for the last several years, but most did not have earlier years’ reports readily available. In several instances, reform organizations refused to make available the donor portion of their filings.

Financial Revenue - The Financial Revenue amounts were taken from “Line 12 Total Revenue” of the Form 990 filed with I.R.S. If Form 990EZ was filed, “Line 9 Total Revenue” was used. If a 990 form for a year was not available, revenue figures were taken from the next year’s 990 filing, “Part IV A Line 23,” for earlier years.

Lobbying Expenditures – The Lobbying Expenditure figures were taken from the 990 Form filed by 501c3 organizations, or from the Lobby Expenditure reports filed by 501c4 organizations with the U.S. Senate/U.S. House of Representatives. If the Form 990 or the Lobbying Expenditure report was not available for a year, expenditure figures were taken from the next year’s filing, reporting earlier year expenditures.

Purpose – The Purpose of a grant was taken from material of the grant making foundation. Those grants that appear to be related to federal or national level activities have been included.

In some cases, especially for grants in the 1994-1999 period, the purpose of the grant was taken from the Foundations Grant Index for that year published by the Foundation Center.

Grants in General
In 1997 and afterwards there was a large increase in grants for work at the state level on campaign finance. Many of the foundations that gave grants for work at the federal level also gave to state level activities. It is recognized that organizations often run programs that impact both federal and state goals, and in some cases it is often hard to determine the real purpose of a grant. For this study, we have tried to include only the clearly federal level activity grants.

In some cases, major grants have been made to organizations for “general support.” If the grant maker was a major supporter of campaign finance reform efforts, we included the “general support” grant as a campaign finance reform grant.

In some cases, major supporters of campaign finance reform provided grants to start up organizations that might provide help the national effort and these grants have been included. However, if the group later directed activities primarily to state level activities, its’ later grants were not included.

It is recognized that some grants to membership organizations for campaign finance reform efforts may have also benefited the organization’s own membership or institutional building. Since the primary goal of the grant was campaign finance reform the grant was included if an allocation could not be made between functions.

It is recognized that there are many other donors to the organizations we have listed. We had made a serious attempt to identify as many donors as possible, given the reluctance of some reform organizations to provide information. Of the donors we found, we have listed only those grants and donors that we feel we part of the larger federal effort for campaign finance reform.

News Media Exemption
No effort was made to calculate the value of editorials by media corporations supporting campaign finance reform although they were a major factor in trying to influence Congress.

Disclosure Note
An editor of PoliticalMoneyLine was a database and research trainer for some of the reporter training sessions funded by grants mentioned in this study. In 1997, while he was executive director of the Center for Responsive Politics, he also solicited research grants from some of the major foundations mentioned in this study.

Ongoing Research
The staff of PoliticalMoneyLine will continue its research in this area and from time to time update the database with new grants, any corrections, deletions, or additions. New information should be emailed to kcooper@trkcinc.com.

It should also be noted that in cases where the purpose of a grant to a non-profit was unknown (and thus might have been for a purpose unrelated to money in politics), the PML report makes that fact exceedingly clear.

The fact that the database PML has put together may be updated as new data become available is not an indication of a lack of precision. It is an indication that PML is being precise in the extreme — showing readers exactly where there are gaps in the data. Gaps that PML is looking to fill in.

Pewgate Cont’d

Here’s a list of the journalists who were scheduled to be at the “Covering Philanthropy and Nonprofits Beyond 9/11” conference at the USC Annenberg School for Communication last March — where Sean Treglia gave his now-infamous speech about how Pew created a fake “mass movement” for campaign-finance reform.

(Some have now dubbed the scandal “Pewgate.” Works for me.)

You’ll note that publications represented include:

The Washington Post
The Los Angeles Times
The Tampa Tribune
The Orange County Register
Business Week
The Seattle Times
The Philadelphia Tribune
The San Francisco Chronicle

Among others…

Now, not all of these journalists necessarily saw Treglia’s talk. But some significant number of them likely did.

And none of them individually had a responsibility to write on Treglia’s remarkable revelations, for a variety of reasons (it might not have fit into the reporter’s beat, for instance). But how could it be that not one of these reporters decided to write about it?

It boggles the mind.

Have I…

Have I ever mentioned that people at The Weekly Standard are particularly good looking?

And intrepid.

Grrr…

I hate my neighbors more than can possibly be put into words. Luckily, they probably don’t read blogs. They’re too busy hooting and hollering and blasting music at 2 a.m. while people with consciences try to sleep (or write).

Read Bob Bauer’s Blog — I Beg of You!!!

OK, maybe that’s a little over the top.

But don’t miss Bob Bauer, a (Democratic) campaign-finance lawyer, following the money behind speech-regulation pushers down in North Carolina:

How is campaign finance reform made? The Treglia remarks, reported by Ryan Sager in the New York Post, suggest that reform proponents understand that they cannot ride the waves of a “mass movement.” Treglia described a strategy of pursuing “expansive” reform incrementally, edging closer, law by law and ruling by ruling, to the more broadly regulated political process for which there is not, yet, popular support or demand. Leading this advance are the tax-exempt organizations of various kinds committed to reform, which ceaselessly lobby each incremental step while drawing on the intellectual capital of experts and the financial capital of supportive foundations.

A case study of this strategy is the reform community’s support for the State of North Carolina’s position in North Carolina Right to Life, Inc. v. Leake. North Carolina is defending a statute that limits contributions to “independent” political committees—committees that raise and spend their funds to influence elections but without coordinating their activities with a candidate or party.

The reform groups argue … that independent committees “play a significant and effective role in influencing elections.”

What is of larger interest is the operation here of the reform machinery as it works the already assembled pieces of regulation into a more “expansive” program. This project requires a continuous presence on the Hill and in the Courts, a stable of experts, fresh data and studies, and, of course, funding. In the North Carolina case, we have Democracy 21 and the Campaign Legal Center calling on Tom Mann who cites to a study sponsored by the Campaign Finance Institute.

And if the Court checks the web for information about the Institute, it will find that it is a “non-partisan, non-profit institute” that has “received generous support” from, among others, the Carnegie Corporation of New York, the Joyce Foundation, the Open Society Institute and, yes, Pew Charitable Trusts.

(Emphasis mine.)

As always from Bauer, a tour de force (read the whole thing for the specifics of the case). For people who care about the noose tightening around the First Amendment, Bauer’s Web site is must reading.

So, remember: This is a lobby, not a movement.

It is a network. Everything’s connected.

Show us the money!

All About Allison

Well, I took Bill Allison up on his offer yesterday for me to come down to the Center for Public Integrity and have a look at some of its records in person.

(It just so happened I was in D.C. anyway today to give a talk — more on the talk later.)

All I really have to say is this: Bill Allison is certainly interested in where I heard about the Political Money Line report — and he thinks the greater the number of times he calls me “unethical” and “not a real journalist” the greater the chances I’ll tell him.

He’s wrong.

The results of a thoroughly unproductive meeting, which lasted from about 2:00 to 3:30, are that he is not going to disclose any more to me about the grants CPI has accepted unless I “disclose” more to him.

I won’t.

So, this is the end of the story for me. Interested readers can see what he has to say, and they can decide for themselves.

Allison Responds

Bill Allison responds in the comments to the post below:

Ryan,

We responded largely because you and others were inaccurately claiming that the Center for Public Integrity is not independent, that we lobby, or that we try to hoodwink public officials. We don’t do any of that, and we felt the need to set the record straight.

In our view, Kent Cooper’s study is flawed because he claims that we have gotten money to push campaign finance reform, whereas the purpose of our grants is to do things like code hundreds of thousands of public records, put them in a database and post them on our Web site so anyone can use them. The amount of money we’ve gotten to push campaign finance reform is $0. And what’s worse is that Kent knows this.

I also note that you haven’t told your readers that I invited you down to the Center’s offices in Washington, D.C., to review our records. I also sent you documentation showing that some of the grants Kent listed are inaccurate — I never said that I was sending you every inaccuracy, but rather said I was tired of looking and that if you wanted more examples of how wildly wrong PoliticalMoneyLine was, you’d have to come down to D.C. and look through the records yourself.

Incidentally, and just an aside — are public schools much worse today than they were when I was a kid? While you may think that reporting on conflict diamonds and international arms smugglers is lobbying for campaign finance reform (as our International Consortium does) I trust that some people who visit your blog have better reading comprehension skills.

In any case, if you recall, I sent you some documentation to prove our statement that Kent’s study was inaccurate; I pointed out several hundred thousand dollars worth of inaccuracies from a single funder. Now, maybe PoliticalMoneyLine is only slightly wrong, or maybe they’re off by much more — the point is you don’t know and it’s smarmy of you to imply the contrary, or to say that even if your source was off by 50 percent or more, it’s okay to use him. I know that you don’t have a great deal of experience, but maybe one of your editors at the Post can explain this to you: When someone points out an inaccuracy in material you relied on, the proper thing to do is to withhold further comment until you have all the facts, and not to insist that the faulty information you have is still accurate. And, FYI, you’re not the first journo to be hoodwinked by a source, so don’t feel too terrible about it.

And while we’re on the subject of accuracy, perhaps in your next post you could supply some evidence (you know, documents, and the like) to your readers to back up your contention that the Center is a “supposedly independent pro-reform group.” You can’t, because it’s simply not true.

Finally, since you’re such a fan of transparency, why haven’t you answered any of the questions I posed to you in the last email I sent you? Just answer these: Was your initial column on this subject your idea, or was it something assigned to you? Are you a subscriber to PoliticalMoneyLine (cost: about $1200 a year)? If not, how did you get the study you relied on? Did someone send you the information and ask you to write about it?

If you made the pitch, do you have any documentation to back it up? Emails between you and your editor? Do you have credit card receipts showing your subscription to PoliticalMoneyLine? Does the Post subscribe and, if so, is there a research librarian or editor there who can tell us that you have access to the service?

Let’s not forget — when you write for TechCentralStation, you’re writing for a news outlet published by a lobbying firm. (It’s nice to see that you have enough of an ethical sense to consider that a dig–I wasn’t sure you’d regard it as such when I wrote it.) Given that, I think a little disclosure from you would be in order here, don’t you? Or is it your position that disclosure is fine for a nonpartisan group with a 15-year track record, dozens of national journalism awards, and the respect of your peers at the New York Post, but the august and well-respected Ryan Sager writing for a lobbying firm is entirely above suspicion?

I do agree with one thing you said — it’s a mystery to me too why I thought responding to you was worth the effort. Live and learn, I guess.

Best regards,

Bill

Needless to say, a journalist has no responsibility to reveal sources — but I’m glad he’s so interested in how The Post found out about this.

Furthermore, no one has been “hoodwinked” by Political Money Line. They made very clear that they were assuming ALL grants from the eight major foundations they identified were assumed to be related to campaign-finance reform — an assumption the grantees could clear up if they wished to provide full information on the grants’ purposes. A lot of the grantees seem to have provided PML with full information, and for them every grant is accounted for in the PML report. Center for Public Integrity did not do this, so there are still blanks to be filled in.

Kent Cooper has said he’s willing to update his online database as new information becomes available — so there’s no inaccuracy here, there’s incomplete disclosure from groups such as CPI, which is still being cleared up.

I’m traveling today, so that’s it for now.

Sun Comes Out… Today

And my “erstwhile colleagues” at The New York Sun editorialize here:

Campaign Finance Follies

It looks like Ryan Sager of the New York Post has opened quite a nifty vein in the debate over campaign finance reform with his column last week about the goings on at the Pew Charitable Trusts. It seems that a former program officer of Pew, Sean Treglia, gave a speech acknowledging that Pew and other foundations spent millions of dollars “to create an impression that a mass movement was afoot” in favor of a law limiting contributions to political parties and restricting campaign advertising.The campaign, which Mr.Treglia credited with helping to get the law passed, was funded with $123 million from eight liberal foundations.

Part of the news here is the dishonesty of the Pew approach to getting its way in Congress, at least if you take the words the Post quoted from Mr.Tregalia at face value (and no one is questioning the accuracy of the quotations that were reported in the Post). The erstwhile program officer for Pew actually boasted of trying to keep Pew in the background. “If Congress thought this was a Pew effort,”he said of the “grassroots” movement it was funding, “it’d be worthless. It’d be 20 million bucks thrown down the drain.” Pew has since been quoted by the Post as denying it tried to deceive, but it sounds to us like Mr. Sager, an erstwhile colleague here at the Sun, got the spirit of the thing just right.

Another part of the news is the hypocrisy of the advocates of campaign finance “reform.” They are going around bemoaning the evil influence of money on politics, while spending millions to get the 2002 McCain-Feingold law passed. If it’s bad for money to buy action in Washington, why isn’t it just as bad when the campaign finance crowd are the ones doing the purchasing? After all,$123 million is a lot of money, even in Washington. What’s the difference between Pew and big oil, big pharma, big tobacco, the trial lawyers, the Indian tribes, or big labor?

We happen to think it’s okay to spend money in politics. Money is speech.These foundations may have avoided spending money via the techniques they banned. That is, they didn’t give any “soft money” unlimited contributions to the Democratic or Republican Party, and they didn’t pay for any television commercials attacking incumbents just before an election. But it would have been fine by us if they had. What is the point, though, of banning one form of spending if special interests like Pew are going to go shove money into the political process by a different method?

The fact is that the “reforms” the foundations paid for won’t really get money out of politics.The oil, drug, and tobacco companies, the Indian tribes, trial lawyers and labor unions are already learning from the liberal foundations, and rather than donating to political parties, they are increasingly creating their own impressions of mass movements by funding experts and front groups and Web sites and radio programs. Which is also fine with us. It amounts to interest groups spending money on political speech. There should be more of it in America, not less of it.

When the Pew scandal has run its course it will illuminate nothing so much as the fact that the error of the campaignspeech restriction lobby in America is not a matter of tactics, but of substance. The irony isn’t only that the liberal foundations spent so much money trying to get the campaign-speech limits passed. It is that the rest of the big money groups — from guns to oil — allowed themselves to be beaten at their own game by,of all people, the Pew Charitable Trusts. Old Jos. Pew, a founder of Sun Oil Company, is probably having a good chuckle at the antics his descendants are pulling with the money he made.

Right as rain.

Tipping Point?

The Washington Times weighs in:

Make no mistake: Pew and other liberal foundations successfully avoided any transparency in their financial dealings with propaganda organizations like National Public Radio (NPR) and the American Prospect (a left-wing magazine). Their funding of campaign-finance “reform” groups like Democracy 21, the Brennan Center for Justice, the Center for Public Integrity and People for the American Way also managed to avoid exposure.

In reality, on the road to campaign-finance “reform,” there were two indispensable men, neither of whom was Mr. Treglia and both of whom were presidents. Through his pervasively corrupt 1996 re-election campaign, which attracted hundreds of thousands of dollars in illegal contributions from the likes of Chinese military intelligence and Indonesian gardeners named Wiriadinata, Bill Clinton did his part for reform. Even first lady Hillary Clinton received money from Johnny Chung, who got his money from the Chinese. The second indispensable man was George W. Bush, who actually broke a campaign promise by signing the free-speech-stifling McCain-Feingold bill in his first term.

And the Pittsburgh Tribune-Review:

Pew did not hide the fact it was supporting the ultimately successful attempt to limit free speech to a whisper before elections. But Mr. Treglia said Pew did everything it legally could to hide the $40.1 million donated to front groups.

Congress must demand that Pew’s tax-exempt status be revoked for engaging in politics. And it must repeal this abomination to free speech. Otherwise, Congress cannot credibly claim it was conned if it continues acting like a co-conspirator.

These guys know how to party.

Connecting Dots

For people who assert there’s not the slightest thing untoward about what they’re accused of being wrapped up in, the folks over at the Center for Public Integrity seem mighty worked up:

Sager, the Post and a few bloggers have all been citing, as part of their criticism of the Center, a flawed and inaccurate report prepared by a for-profit competitor of some of the non-profit groups that track campaign finance issues. PoliticalMoneyLine, run by a couple of former FEC employees, makes its money by charging for data that groups like the Center for Public Integrity, the Center for Responsive Politics, the Campaign Finance Institute, and others give away for free.

We privately objected to PoliticalMoneyLine’s report, particularly their characterization of the Center as a group that advocates campaign finance reforms or lobbies. We’ve never spent a dime on lobbying in the 15 year history of the Center, and never will. We wrote to Kent Cooper, the company’s director, explaining that we received grants to improve disclosure of campaign finance data (as we do with 527 groups, state parties and so on), not to lobby.

Further, we noted that even if one wants to call what the Center does lobbying for campaign finance reform, the PoliticalMoneyLine study falsely claimed we have received more than $20 million for research on the issue. Included in that $20 million were grants that paid for such diverse projects as tracking prosecutorial misconduct, exploring the clandestine trade in exotic animals, and developing a way to quantify the effectiveness of anti-corruption mechanisms (things like a free press, independent judiciary and so on) in countries around the world.

Now, I talked to Bill Allison (the author of this passage) and Kent Cooper (at Political Money Line) today, and this is what I’ll say for now. If there’s nothing wrong with having taken $20 million-plus to lobby for campaign-finance reform — and I do call it lobbying, be it in the indirect sense that all politically oriented non-profits lobby — why the desperation not to be seen as doing so?

Allison and I went in some detail into as to what money he thinks should be excluded from the Political Money Line total. Based on all of the items he picked out for me today, I’d say the most they’re claiming is that about $2 million of the $20 million didn’t go to cover money and politics. But that assumes that projects like CPI’s International Consortium of Investigative Journalists are separate from their work on money in politics. A look at the ICIJ’s Web site proves that to be a questionable distinction. (What’s more, CPI was given the chance to object to all of this before the report came out, according to Cooper.)

But does this story change if CPI got only $18 million to promote the campaign-finance-reform agenda? Or if it had only gotten $15 million? Or $10 million?

Frankly, I’m not even entirely sure why CPI felt such a need to respond, as it’s only been mentioned in passing in these stories — the point here was never so much about CPI as about Pew and the other foundations hiding their involvement and orchestration as funders.

Maybe it was just to get in this dig: “Ryan Sager picked up the PoliticalMoneyLine report and its findings in a column in TechCentralStation. TCS was founded by a lobbying firm, DCI Group … AT&T, General Motors, Intel, PHARMA, and Qualcomm fund TechCentralStation. They disclose this on their Web site.”

Yes, Tech Central Station does disclose this. They’re very open about who funds them.

CPI posts its funders on its Web site, too. So why so touchy now?

Perhaps because some dots are being connected?

New Treglia Statement

I would ask Rick Hasen and anyone else saying that “we all already knew” about what Sean Treglia said in his speech last year: Are these the words of a man who thinks what he revealed is “much ado about nothing”?

Statment from Sean Treglia

“I apologize to The Pew Charitable Trusts and all the grantees who worked with me that my statements have caused so much confusion. The remarks being highlighted by some media are a small portion of a much larger panel presentation to top tier journalists on the history of philanthropy in the United States. I might be guilty of being hasty and choosing confusing language in my speech in an attempt to excite the crowd; me delivering a bad speech at a conference however is a far cry from Pew purposely trying to deceive. At no time in my experience with the Trusts did anyone attempt to hide, deceive or lie and I am surprised and saddened that my presentation has led some people to draw that conclusion.”

And I repeat: Nothing was out of context. Watch the tape. Please.

Steroids and Schiavo

I like getting hate mail. So here’s my latest Tech Central Station column:

In coming years, political historians might look back and try to pinpoint the day or week or month that the Republican Party shed the last vestiges of its small-government philosophy. If and when they do, the week just past should make the short list. For it was in this last week that the Republican-controlled Congress made it clear that it sees no area of American life — none too trivial and none too intimate — that the federal government should not permeate with its power.

It can all be summed up in two words: steroids and Schiavo.

Send all anthrax c/o The New York Times.

(And, as for the column’s serious point, I think the Republicans are making a huge political mistake on Schiavo, which I explain in the piece.)

A Lobby, Not a Movement

Also, Hasen’s point about The Post inadvertently, “without recognizing the irony, [making] the case for strong disclosure laws and perhaps limits on contributions in some circumstances” is facile.

First of all, I’m not opposed to disclosure — though I think there’s a principled case against it.

And second, no one’s saying that the liberal foundations in question shouldn’t be able to do whatever the hell they want with their money.

My argument relates to the hypocrisy of a movement for “open government” doing the best it can within the law to remain opaque. And my argument is about a docile press that doesn’t give a damn about anyone else’s free-speech rights so long as it enjoys a “media exemption.”

I’ll be perfectly clear: I’m deliberately turning the campaign-finance-reform lobby’s obsession with money on its head.

That’s the whole point: to show that it is just another lobby.

If Hasen is conceding that — which I think his response does in spades — then the anti-reform forces have already won this battle.

Quite a shift in the terms of the debate since Thursday, don’t you think?

Treglia’s Intent

I also want to put to bed one entirely incorrect take from Hasen’s response: “The true story broken by the Post may be that Treglia was trying to pitch an exciting story to the journalists and may have exaggerated things a bit.”

Simply. Not. True.

It makes me wonder if Hasen has watched the tape — if he hasn’t, he should.

Treglia was gloating about Pew’s caper. But once some of the journalists in attendance expressed amazement at the story he had just told them, he backtracked furiously (as can be seen during some Q&A on the tape). He also seems to have talked to a number of journalists in attendance (after the tape stopped rolling) and further worked to prevent them from writing about what he’d said.

And, apparently, it worked. No one wrote about it. Until now.

How Hoodwinked?

The one question that seems open, to me, is to what extent Congress was fooled by Pew’s efforts. Certainly the main proponents of campaign-finance reform knew exactly what was going on.

But reluctant members who eventually signed on, it seems to me, probably were taken in by the edifice that is the CFR “movement.”

Otherwise, how could they have been pressured into voting for McCain-Feingold — unless it was just sold to them as an incumbent-protection measure, or a way to get one over on the opposing party (each side believing it would benefit them disproportionately).

As Juan Non-Volokh puts it: “If there was not a widespread perception that there was grass-roots support for campaign finance reform, then the charge that incumbent politicians supported ‘reform’ out of self-interest is that much stronger.”

That’s THE POINT!!!

There are two responses to my campaign-finance-scam column up now. One from Rick Hasen (a fairly cleanie type) and one from Bob Bauer (a sensible, fairly anti-reform Democratic lawyer).

Both take issue, to some extent, with my characterization of this story as a “scoop,” arguing that everyone who counted knew exactly what was going on.

“Those who follow campaign finance reform closely have known fully well that various organizations receive vast sums of foundation money to influence public, elite and Congressional opinion in favor of reforms. Few have ever believed in a ‘mass movement’ for reform,” writes Bauer.

“There’s not much of a story to be broken here… Pew’s involvement was hardly a secret,” writes Hasen, who also says a mass movement was never behind reform.

I don’t doubt they’re right that a select group of academics, lawyers, activists, foundation officials and even journalists knew exactly what was going on. But let’s go back to my original claim in my column.

To wit: “Campaign-finance reform has been an immense scam perpetrated on the American people by a cadre of left-wing foundations and disguised as a ‘mass movement.’ ”

This is what’s troubling. I don’t care what Bob Bauer, Rick Hasen, John McCain and Sean Treglia knew (well, I do, but for different reasons). I care how this all was sold to the American people.

And on that front, the evidence is extraordinarily clear:

* “We will have blood all over the floor…until we accede to the demands of the American people to be represented in Washington again.” — Sen. John McCain, quoted in the August 6, 2000, New York Times (on McCain-Feingold)

* “There is overwhelming support…This is a no-brainer for the American people.” — Sen. Russ Feingold, quoted in the January 28, 2001, New York Times (on McCain-Feingold)

* “The majority leader is simply frustrating the will of the Senate and the will of the American people.” — Sen. Russ Feingold, quoted in the May 16, 2001, New York Times (on Trent Lott holding up McCain-Feingold)

* “The American people demand it and good public policy requires it.” — New York Times editorial from March 25, 2001, on campaign-finance reform

* “The answer to Americans’ call for real reform of our campaign finance system is Shays-Meehan.” — Sen. John McCain, in a February 13, 2002, press release

Insiders may have known that this was all an insiders’ game — but the American people did not know this!

And it never could have been pulled off if they had known!

That is why this is a scandal!

To spell it out:

This is a scandal because eight liberal foundations funded a host of ostensibly independent groups to make it look like support for campaign-finance reform was wide and deep. If this illusion had not been created, it would have been extremely difficult politically for McCain, Feingold, Shays and Meehan to get their bills passed.

Otherwise, why waste $123 million?

That the press knew all of this and was a willing accomplice, as both Bauer and Hasen assert (and I asserted as well in my column), only deepens the scandal — as it relates to average citizens.

They weren’t lied to just by the liberal foundations. They were lied to by the press — through a combination of laziness and conspiracy.

How this would make Treglia’s remarks any less of a scandal eludes me in the extreme.

Less Protection Than Porn

Over on his MSNBC blog, Glenn Reynolds has a post up on campaign-finance reform.

Here’s a bit:

Some years ago, people became worried that secret payments of money might distort the political process on behalf of shadowy, unacknowledged interests. The result was campaign finance “reform,” which was supposed to ensure fairness and transparency.

Instead, it has caused confusion — and an environment in which pornography actually enjoys more First Amendment protection than political speech. I’ve got nothing against porn, but that seems just wrong, somehow.

The issue has gotten more attention lately, as the Federal Election Commission has started to look at regulating the Internet. At last weekend’s Politics Online conference at George Washington University, I gave a joint keynote speech with Federal Election Commission chair Scott Thomas. You can read the transcript (and see video) of his speech here. Thomas’s speech was meant to be reassuring, but I didn’t find it so.

The rest is here.

Armstrong Williams vs. NPR

Finally, some picks up on the media angle of the campaign-finance scandal — which is really quite appalling.

Here’s Mickey Kaus:

Essay Question: How is the American Prospect different from Armstrong Williams? New York Post’s Ryan Sager is seemingly onto some significant conflicts of interest at TAP and NPR. … If the New York Times took more than $100,000 from General Motors to produce a special issue on Regulation in the Auto Industry, wouldn’t there be a stink? Why is it any different if you substitute “Carnegie Corporation” for “General Motors” and “campaign finance regulation” for “auto regulation”–and “American Prospect” for “New York Times”?

In the spirit of the Kaus assignment desk: Where the hell’s Howard Kurtz?

Fund Weighs In

On The Wall Street Journal’s Opinion Journal, John Fund follows up on my column revealing the giant con that is campaign-finance reform:

If a political gaffe consists of inadvertently revealing the truth, then Sean Treglia, a former program officer for the Philadelphia-based Pew Charitable Trusts, has just ripped the curtain off of the “good government” groups that foisted the McCain-Feingold campaign finance bill on the country in 2002…

In a tape obtained by the New York Post, Mr. Treglia tells his USC audience they are going to hear a story he can reveal only now that campaign finance reform has become law. “The target audience for all this [foundation] activity was 535 people in [Congress],” Mr. Treglia says in his talk. “The idea was to create an impression that a mass movement was afoot. That everywhere [Congress] looked, in academic institutions, in the business community, in religious groups, in ethnic groups, everywhere, people were talking about reform.”…

Reporters are used to attempts to hoodwink officials into thinking an issue is genuinely popular, and they frequently expose them. But when “good government” groups like the Center for Public Integrity engage in the same tactics, journalists usually ignore it. Perhaps that’s because Washington media types overwhelmingly wanted McCain-Feingold to pass.

It will be interesting to see if, in light of Mr. Treglia’s comments, reporters continue to do so. The tape of his remarks, which Post editorial writer Ryan Sager unearthed, could provide material for a dozen stories on how campaign finance reform was really passed.

Well, as they say, read the whole thing.

But I do want to emphasize the last point I’m quoting from Fund: There are dozens of stories — literally dozens — to be done on this scam. It is massive in terms of its scope — especially in terms of who is implicated.

Let’s just say it is next to impossible that straight-talker John McCain didn’t know exactly what was going on.

Will anyone call him on it?

Will The New York Times touch this story with a ten-foot poll?

They have a responsibility to.




 

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