“Today, the nation’s four largest banks — JPMorgan Chase, Bank of America, Citigroup and Wells Fargo — are nearly $2 trillion larger than they were before the crisis, with a greater market share than ever. And the federal help continues — not as direct bailouts, but in the form of an implicit government guarantee. The market knows that the government won’t allow these institutions to fail. It’s the ultimate insurance policy — one with no coverage limits or premiums.”
Joining ranks across the partisan divide, Senators Sherrod Brown and David Vitter introduce legislation aimed at ending Too Big To Fail: “The senators want the major banks to increase their own tangible equity so that shareholders, and not just taxpayers, take responsibility for their risky actions. They want the banks to have greater liquidity by holding more assets they can immediately turn into cash in a financial crisis. They say they want to keep Wall Street banks that enjoy government backing from gaming the financial system with credit derivatives and other risk-inflated schemes, which even JP Morgan Chase’s own employees failed to catch until too late.”
Naturally, the banks will be fighting this with everything they have, and Goliath usually wins these fights in Washington. They’re already leaning on one of their favorite Senators, Chuck Schumer, to block Brown from ascending to Chair of the Senate Banking Committee. Nonetheless, the progressive-conservative alliance here suggests, at the very least, a new wrinkle in the game.
In related news, companies are also wheeling out the Big Guns to threaten the Securities and Exchange Commission over potential new corporate disclosure rules for political spending — namely, making businesses disclose their campaign donations to their shareholders. Seems innocuous enough, but of course, “[t]he trade associations lining up in opposition to the rule amount to a roll call of the most politically influential — and highly regulated — industries in the country.”

“Like many of his peers, Havens was a songwriter…But Havens also knew a great contemporary song when he heard it, and made his name covering and rearranging songs by Bob Dylan and the Beatles. ‘Music is the major form of communication,” he told Rolling Stone in 1968. “It’s the commonest vibration, the people’s news broadcast, especially for kids.’ Richie Havens, folk singer, troubadour, and
opener of Woodstock,
1941-2013.
“Bob radiated a passion for justice, and with joyful fervor he inspired everyone around him to share his belief in, and commitment to working for, a more democratic and just society. Through a long and varied career, Bob took on many roles and causes – but all of the chapters in his remarkable life were connected by his essential decency, kindness and compassion.” Bob Edgar, former Congressman, campaign finance activist, and president of Common Cause, 1943-2013.
“This is basically never mentioned in the US health care policy debate but the reason why foreign prices are lower is not mysterious — they have laws forcing the prices down. The fact that we allow such high prices is why health care in America is hard to afford. The high prices make private health care extraordinarily expensive to patients and employers, and the same high prices make it difficult for the government to cover everything through public sector insurance. Canada, where the prices are lower, manages to have a more robust welfare state without higher taxes for precisely this reason.”
As Matt Yglesias points out, one of the many reasons health care is so expensive in the United States: doctors are paid way too much. See also: 21 graphs that show America’s health-care prices are ludicrous. And after that: The Serpent on the Staff.
Along with pretty much always being on the wrong side of reform, the American Medical Association has contributed heavily to this problem. First, by working to artificially limit the supply of doctors for decades, and thus helping to ensure the doctors we do have are burdened with crushing amounts of debt. Second, by pushing for a cap on Medicare-supported residencies in 1997, further decreasing the US supply of doctors — They’ve since reversed course on that. And third, by continually skewing Medicare payment models and reimbursement rates. Don’t expect this issue to be resolved anytime soon.

“
[I]n establishing OFA and through it extending an open palm to Washington’s corps of lobbyists and their masters, Obama is in danger of hitting the history books as a president who gamed, exploited, and ultimately joined a corrupt system rather than cleaning it up…Millions of Americans voted for Barack Obama thinking he understood what’s happening and would do something about it. Instead, he’s making things worse.“
Common Cause president Bob Edgar reads Obama the riot act for his many transgressions on the campaign finance front. “He still has time to change course and I’m enough of an optimist to hold out hope that he will. But it’s getting tougher.” On this as on so many other fronts, I myself am no longer that optimistic. (Obama Lucy picture via this Atlantic Monthly article.)
“We talk a lot about broken models. The DC progressive model is broken. It does nothing but facilitate the injustices readily evident in this case.” In related news, and in the wake of his recent Salon piece about the administration’s phantom financial fraud task force, Dave Dayen argues its time for progressive organizations in DC to get adversarial or go home. “Well-meaning people all over this country concerned about any number of issues hand over their hard-earned money to these groups, and they aim to speak broadly for liberal values. The accountability doesn’t stop on Wall Street. It needs to be shared by the DC progressive community.”
Update: “There’s a certain conventional wisdom that President Obama wants stronger campaign finance laws, and to protect our democracy from the corrupting effects of money in politics. It’s a story that you should no longer believe.” The Sunlight Foundation weighs in against Obama as well. “The arc of the Obama presidency may be long, but so far, it has bent away from transparency for influence and campaign finance, and toward big funders.”

So, how about that Election Night? Once you factor in that
the ridiculous gerry-mandering of 2010, coupled with Obama’s terrible, coattail-cutting
first debate performance, killed any chance of Democrats retaking the House, Tuesday night went about as well as it possibly could. Every swing state except North Carolina swung blue. The Senate kept some of its best progressives (Sanders, Brown) and added a few more very promising contenders (Warren, Baldwin). Gay marriage and marijuana decriminalization both made important footholds. California
moved to end Howard Jarvis’ Tax Revolt, now in its fourth decade. And the Republicans — again, the House notwithstanding — were routed, and their
cruel Ayn Rand-inflected ideology decisively repudiated at the polls.
All things considered, it was a great night, and all the more for what it portended about elections to come. Ever-growing in recent years, the Rising American Electorate — unmarried women, people under 30, people of color — showed its power on Tuesday night, displaying its centrality as the backbone of our new Democratic coalition and sending Karl Rove, Bill O’Reilly, and other White Men of a Certain Age into very public paroxysms of despair. (Good times. Enjoy that 2004 experience, y’all.) And while the Republican base is looking long in the tooth these days, our Democratic coalition is only continuing to grow.
As I noted in 2010, even despite the dismal showing then, demography is destiny, and the rest of the country is and will continue to experience Californication. Today we got the first taste of what a really multicultural America will be like at the polls. See also David Simon of The Wire and Treme on this: “A man of color is president for the second time, and this happened despite a struggling economic climate and a national spirit of general discontent. He has been returned to office over the specific objections of the mass of white men. He has instead been re-elected by women, by people of color, by homosexuals, by people of varying religions or no religion whatsoever. Behold the New Jerusalem. Not that there’s anything wrong with being a white man, of course. There’s nothing wrong with being anything. That’s the point.“
So, all in all, 2012 was a great victory for we progressives, and things are suddenly looking up. But, of course, we’ve been here before.
I really hope President Obama and his closest advisors are looking at the same demographic realities as the rest of us, and that he decides to spend his second term governing closer to what he promised back in 2008. But I trusted in hope last time around, and, needless to say, that didn’t get it done.
The fact of the matter is our Democratic standard-bearer, at least up to this point, is behaving and governing in a fashion that is clearly to the right of the growing Democratic base that got him elected and now re-elected. No more benefit of the doubt: It is up to us to put pressure on this administration to make sure they hold to the promises they’ve made. That work has to begin right now.
We all know what’s coming up first, and Glenn Greenwald already laid out the dismal pattern we can expect — and need to break — on the Grand Bargain front. True to form, Peter Orszag — and what does it say about our president’s priorities that he staffed up his first administration with this kind of jackass? — has already sent out the let’s-fiddle-with-social-security trial balloon. Erskine Bowles’ name has been aggressively floated as the new SecTreas and High Inquisitor in the matter of the Deficit Witches. By all accounts, President Obama seems to think he can play Nixon-in-China on Social Security and Medicare. But this is not at all why voters gave him a Democratic mandate, and that’s exactly the sort of wrong-headed notion, coupled with Katrina, that turned the electorate against Dubya in 2005.
In his victory speech on Tuesday night, President Obama continued his recent turn toward the progressive rhetoric of citizenship and self-government. He said: “The role of citizens in our Democracy does not end with your vote. America’s never been about what can be done for us. It’s about what can be done by us together through the hard and frustrating, but necessary work of self-government. That’s the principle we were founded on.”
On one hand, I should be overjoyed that the President has taken this rhetorical turn, since it’s something I’ve been pushing for here for as long as GitM has been running. At the same time, President Obama has shown over the years an irritating penchant for co-opting progressive rhetoric only to serve centrist, corporatist, and/or neoliberal ends. It would be a shame if we let that happen again.
A presidency really concerned with fostering civic responsibility and self-government would look quite different than the one we have experienced up to this point. In the strictest and most literal sense, it would acknowledge, sometime before the second-term election night, that both our voting and campaign finance systems have been broken for decades, and require a significant overhaul. But, even more than that, a philosophy of encouraging citizenship and self-government presupposes different priorities and different policies.
First and foremost, to paraphrase Franklin Roosevelt, it would recognize that necessitous men and women are not free men and women, and work harder to ensure everyone has the basic economic liberty to choose their own path through life. It would not, to take just one example, make the center of their housing reform a foreclosure program designed to help banks rather than homeowners.
An administration advocating citizenship and self-government would do more to emphasize the fundamental importance of education at all levels, and invest mightily not just in schools and teachers but in after-school programs, early childhood education, anti-poverty and anti-hunger initiatives, and all the other efforts that can help alleviate the various and persistent environmental factors limiting children’s potential in America. That requires a significantly different and more comprehensive approach to the education issue than simply competitive grants that reward grant-writing skills and teaching to the test.
It would mean emphasizing a conception of citizenship that is broader and richer than just a world of workers, consumers, and automatons — one that, as per Walt Whitman, Ralph Waldo Emerson and Herbert Croly, encourages introspection, critical thinking, and self-exploration. This is a hard nut to crack, of course. But at the very least we could fight to give more men and women freedom from the necessities of work to do whatever it is they want to do. We are not just our jobs, or at least we shouldn’t be, unless that’s what we want. That means pushing for a higher minimum wage, equal pay for men and women holding the same job, increasing access to affordable child care, more worker protections, and a shorter work week.
Emphasizing self-government only works if the political system remains accountable to its citizens. That means, along with voting and campaign finance reform, working to break the hold of any particular special interest over the political process — namely, corporate power. But as Matt Stoller, Glenn Greenwald, and others have noted, this administration has perpetuated and even accelerated a two-tiered system of political and economic justice in America. The losses of bankers and corporate elites have been subsidized by the public, even when they clearly broke the law. Meanwhile, the average homeowner and debtor has been disparaged and left on their own underneath a crushing burden — so much so that inequality has actually increased over the last four years. Similarly, the Bush-era torture regime has been swept under the rug, while whistleblowers have been aggressively prosecuted. This will not do.
Meanwhile, even though Obama himself has been a user of illcit drugs, as have the last several presidents, there has been no attempt at all by this administration to undo the drug war destroying communities and putting so many in jail — Quite the contrary, in fact. Nor has this administration done anything to stop the reprehensible practice of private prisons selling their “workforce” as forced labor.
Citizenship is a bond — Being a citizen means that one is part of a larger community and has a stake in it, a sense that we’re all in it together. So emphasizing citizenship means investing in big projects and big ideas that bring the American community together in larger purpose, from a massive rebuilding of America’s infrastructure to a re-energized space program to a WWII-sized response to the climate change crisis. Instead, this administration has trafficked in deficit hysteria for several years, and clearly plans to bring another dose of it in the months and years to come. Meanwhile, the biggest project we have been involved with as a people in recent years is expending blood and treasure on remaking Afghanistan and Iraq. This, it is now clear, has been not just a considerable waste of public resources, but a policy that has resulted in thousands and thousands of lives lost around the world.
Especially in America, where we are tied together not by blood but by an idea, being a citizen also means agreeing on a story — a shared narrative that ties the members of the community together. Because our connection is a story — even a fiction, some might say — it is all the more important that our government uphold the founding values of that story. (As Charles Pierce eloquently argues here, this is why Obama’s re-election is important independent of everything else — it reaffirms our conviction that race is no longer any barrier to the highest office in the land.) But, quite obviously, this administration has not lived up to our founding ideals in many ways, especially with regard to how it has prosecuted the War on Terror. As Mark Danner says in the piece I just linked, “President Obama has taken a position so strongly in favor of unremitting military violence that he has left his Republican rival, struggle though he may to shoulder his way past him, no place to stand.” And let’s be honest: As a party, we Democrats utterly failed to call the president out on this.
So, yes, an emphasis on citizenship and self-government could very well be the basis of a new progressive politics. But, unless he makes a marked shift from his first term, I fear this president is just going to use these words as a new rhetorical toolbox to push for more half-assed, neo-liberal Third Wayisms and lousy Republican ideas from the mid-80′s. We face dire problems in this country, and yet this administration is somehow afraid to even consider the time-tested New Deal ideas, from public works to the HOLC, that worked in the past.
The only way President Obama will make that progressive shift, it is now clear, is if the American people push him in that direction. In this, what Obama said on election night is absolutely correct. No matter what the president has said on the campaign trail, we can no longer hope this administration will bring change we can believe in. He is going to have to be forced into it by a Democratic electorate that refuses to accept anything less. It’s not a coincidence that the two progressive reforms Obama finally embraced this year — same-sex marriage and the DREAM Act — were ones that had passionate, vocal, and uncompromising reform movements behind them.
The election results showed that progressives are and can be ascendant in America. But we need to be much tougher on this administration than we have been in the past. Lip service to good intentions and progressive ideals is no longer satisfactory. And that hard work of keeping this administration in line has to begin right now, before the tentpoles of our current social insurance system are chipped away at by way of Grand Bargain.
Democrats just elected this president for a second time, and we don’t want to see any more compromising with and capitulating to economic terrorists. It is past time for this president and this administration to do right by us.
“In the 2010 election cycle, 26,783 individuals (or slightly less than one in ten thousand Americans) each contributed more than $10,000 to federal political campaigns. Combined, these donors spent $774 million. That’s 24.3% of the total from individuals to politicians, parties, PACs, and independent expenditure groups. Together, they would fill only two-thirds of the 41,222 seats at Nationals Park.“
According to a recent report by the Sunlight Foundation, 0.1% of the country made almost a quarter of the campaign donations last year. It’s a great system, tho’.
Also making the rounds on Facebook, this
ancient Calvin & Hobbes strip anticipates the socialized-losses-for-me-but-not-for-thee mindset of contemporary “job creators.” Thank goodness they only have
one-and-a-
half major political parties behind them to back their play.

“‘
No wonder the public is so nauseated by business as usual in Washington — where the complete capture of government by industry barely raises any eyebrows,’ said Free Press’ Craig Aaron. ‘The continuously revolving door at the FCC continues to erode any prospects for good public policy. We hope — but won’t hold our breath — that her replacement will be someone who is not just greasing the way for their next industry job.’“
Democracy in action: Soon after working to get the Comcast-NBC merger approved at the FCC, Republican commissioner Meredith Attwell Baker steps down to become a senior VP of the merged company. “At the time, Baker objected to FCC attempts to impose conditions on the deal and argued that the ‘complex and significant transaction’ could ‘bring exciting benefits to consumers that outweigh potential harms.‘”
One small silver lining amid the sordidness here: The merger was approved in mid-January, and it’s now early May. So this sweetheart deal actually marks the fastest that Comcast has ever managed to service one of its customers.

“
Told that the data came directly from the Social Security Administration, Simpson continued to insist it was inaccurate, while misstating the nature of a statistical average: “If you’re telling me that a guy who got to be 65 in 1940 — that all of them lived to be 77 — that is just not correct. Just because a guy gets to be 65, he’s gonna live to be 77? Hell, that’s my genre. That’s not true,’ said Simpson, who will turn 80 in September. Understanding life expectancy rates at age 65 in 1940 is central to understanding Social Security itself.“
In keeping with his informative interview with Alex Lawson last fall, former Wyoming Senator and co-head of the president’s deficit commission Alan Simpson — while railing against AARP — proves once again knows as little about Social Security as he does about hip-hop. So, yeah, by all means let’s put him in charge of social insurance “reform.”
“Simpson’s forceful gesture came after an extended diatribe against Social Security, which he said is a ‘Ponzi’ scheme, ‘not a retirement program.’ Simpson argued that Social Security was originally intended more as a welfare program.” Um, no. But, in Simpson’s defense, the president who appointed him also harbors some misunderstandings about Social Security. And at least the Senator is right on public financing of elections. So, there’s that.

“
Children with asthma suffer from more than constricted airways. Indeed, the real problem with asthma isn’t a mere inability to breathe: it’s the taunting, berating, mockery, and abuse that so often accompanies this infirmity. Asthmatic kids are mocked, roughed up, chosen last for team sports, deprived of medication, and otherwise forced to bear more than their fair share of childhood’s intrinsic difficulties.“
Coal Cares. Come for the free inhaler — dibs on the Batman one — stay for the truth about alternative energy. “Sustainable, long-term government programs mean safety for all investors. Investing in coal will always be a smart move, especially with well-supported, long-term government subsidies driving down costs, and a near-complete absence of subsidies for so-called “alternative” energies.”
“‘This case is a message from the people of the state of Texas that they want – and expect – honesty and ethics in their public officials,’ said Travis County District Attorney Rosemary Lehmberg. ‘All people have to abide by the law.‘”
Some heartening news that dropped over Thanksgiving vacation: A jury of his peers found Boss DeLay guilty of money-laundering. “Punishment for the first ranges from five years to life in prison, but the former congressman from the Houston suburb of Sugar Land could receive probation…Reporters in the courtroom described DeLay as stunned by the verdict, which came after 19 hours of deliberation.“
At this point, I’m cynical enough to think that DeLay will eventually find a way to get this conviction overturned on appeal — particularly given the fact that his defense began with a huge blunder. Still, at least for one day, it was great to hear that Boss DeLay was finally called out for his crimes.

“
These records show that while the chamber boasts of representing more than three million “businesses, and having approximately 300,000 members, nearly half of its $140 million in contributions in 2008 came from just 45 donors. Many of those large donations coincided with lobbying or political campaigns that potentially affected the donors.“
The republic stands upon the edge of a knife, people. Stray but a little, and it will fall. While the NYT belatedly figures out the Chamber is up to no good in its overwhelming campaign spending — thank you, Citizens United — the Center for American Progress discovers that the vast right-wing conspiracy actually holds meetings(!):
“While the Koch brothers — each worth over $21.5 billion — have certainly underwritten much of the right, their hidden coordination with other big business money has gone largely unnoticed…The memo, along with an attendee list of about 210 people, shows the titans of industry — from health insurance companies, oil executives, Wall Street investors, and real estate tycoons — working together with conservative journalists and Republican operatives to plan the 2010 election, as well as ongoing conservative efforts through 2012.”

“
Two days after financial reform became law, Harry Reid announced that the Senate would not take up comprehensive energy-reform legislation for the rest of the year. And so climate change joined immigration, job creation, food safety, pilot training, veterans’ care, campaign finance, transportation security, labor law, mine safety, wildfire management, and scores of executive and judicial appointments on the list of matters that the world’s greatest deliberative body is incapable of addressing. Already, you can feel the Senate slipping back into stagnant waters.“
Come Senators, Congressmen, please heed the call: In a decent companion piece to James Fallows’ foray on the subject earlier this year, The New Yorker‘s George Packer tries to figure out what the hell is wrong with the Senate. And one of the best answers is buried in the middle of the piece: “Nothing dominates the life of a senator more than raising money. Tom Harkin, the Iowa Democrat, said, ‘Of any free time you have, I would say fifty per cent, maybe even more,” is spent on fund-raising.’“
The other big and much-needed solution: Filibuster reform. But with a handful of Democratic Senators already balking at the idea, that’ll be a tough climb this coming January, and no mistake. Nonetheless, it is very much a fight worth having. “[O]ver the past few decades the reflex has grown in the Senate that, all things considered, it’s better to avoid than to take on big issues. This is the kind of thing that drives Michael Bennet nutty: here you’ve arrived in the United States Senate and you can’t do fuck-all about the destruction of the planet.“
“The SpeechNow decision effectively widens the field of organizations that can raise and spend money on politics more freely in light of the Citizens United decision, which swept aside decades of legislative restrictions on the role of corporations in political campaigns.“
The disaster on the Gulf isn’t the only gusher to worry about. Relying almost exclusively on Citizens United for their reasoning, the three-judge DC Court of Appeals struck down limits on individual contributions to advocacy groups last March, paving the way for even more cold hard cash overflowing the system. [FEC overview.] “The D.C. Circuit’s ruling was the first to apply and significantly expand [Citizens United], which invalidated limits on corporate expenditures in federal campaigns.“
I had heard very ominous rumblings about this hearing in the days after CU, but somehow missed that the actual decision had been handed down (Working as intended: It was dumped on a Friday) and only caught it on account of yesterday’s injunction. (Weirdly, there was no press release from CREW, Common Cause, or Public Citizen either, although PIRG was on the case.) The FEC does seem to be looking toward a Supreme Court appeal…but it’s hard to see that turning out very well, is it?

“
Members of this Shadow Congress — not all of whom are registered lobbyists — hail from 41 of 50 states (Texas has the most, with 17) and they’re almost as likely to be Democrats as Republicans. Some, like Tom Daschle and Bob Dole, were powerful congressional leaders, whose presence on K Street has drawn scrutiny in the past. But far more are low-profile back-benchers we’d never heard of and we doubt you had either:“
TPM’s Justin Elliot and Zachary Roth try to ascertain a head-count of the representatives from K-Street: “We’ve compiled a close-to-comprehensive list of former members of Congress currently working on behalf of private interests in Washington’s influence-peddling industry. We count 172 of them — almost one-third the number of current members of Congress.” (They deem them the “Shadow Congress,” but I think that name is, quite frankly, far too awesome to be used in reference to a bunch of bought-and-paid-for-lobbyists. See also: Shadow Broker, Shadow Proclamation, etc. etc.)
The picture above, by the way, is Joseph Keppler’s The Bosses of the Senate, from the January 1889 issue of Puck. Consider also David Graham Phillips’ “Treason of the Senate” from 1906, and the problem of corporate control over our republican institutions is sadly not-so-new. But back then, alas, they were just getting warmed up.

“
They’re not accustomed to being engaged in politics this way,” says a private-equity investor. ‘Their skin isn’t toughened. They actually take [the attacks by Obama] personally. This is a profession with a lot of smart people, but who aren’t necessarily terribly introspective. They think they actually deserve to make all this money. So any attack on their livelihood is, ahem, unpleasant.’“
In the wake of the Senate’s 59-39 passage of financial reform last week (not to mention increasing evidence of rampant and pervasive fraud at Goldman, Morgan, and elsewhere), New York‘s John Heilemann surveys the bruised egos of Wall Street’s would-be robber barons. (In very related news, Paul Krugman and the WP note that Wall Street is now betting heavily on the GOP again.)
Keep in mind: Wall Street is angry with the administration despite the fact that “Geithner’s team spent much of its time during the debate over the Senate bill helping…kill off or modify amendments being offered by more-progressive Democrats.” [Change we can believe in!] Heilemann writes: “Whatever the effects of the bill, among them will be neither an end to the too-big-too-fail doctrine nor any curb on what the sharpest Wall Streeters see as the central threat to the system’s stability: excessive financial leverage. Geithner, Summers, and Obama had little interest in tackling those matters, not because they are indentured servants to Wall Street but because at heart they are all technocrats who believe the system doesn’t need to be rebooted or downsized, merely better supervised.“
Still, on the bright side and despite the ambivalence (or open opposition) from folks in high places, this bill did get significantly stronger on the Senate floor, and in some ways is now stronger than the House version passed last year. Let’s hope this welcome progressive trend continues in conference.
“The festival was over and the boys were all planning for a fall.
The cabaret was quiet except for the drilling in the wall.
The curfew had been lifted and the gambling wheel shut down.
Anyone with any sense had already left town.
He was standing in the doorway looking like the Jack of Hearts.“

Thanks,
Bob, I got it from here. As the links above attest, the
sordid dealings of “Casino Jack” Abramoff and his GOP associates — most notably
Tom DeLay and
Bob Ney — made for solid blog fodder here at GitM for several years. So, between that and my
current place of work, I probably had more interest than most in
Alex Gibney’s Casino Jack and the United States of Money, a documentary recounting Abramoff’s rise-and-fall. And…well, it’s not bad. But, unfortunately, it’s not great either. And in terms of making the points he wants to make, I don’t get the sense Gibney really stuck the landing.
Part of the problem is Casino Jack is a maddeningly mercurial sort — and unlike the recently-released Ney, the soon to trial DeLay, chastened aide Neil Volz, and others, he and “Gimme Five” kickback co-conspirator Michael Scanlon choose not to go on the record here. So, right away, there is a cipher at the center of this ostensibly biographical story. And even more problematic for the film’s narrative and structure: Casino Jack had his fingers in a lot of pies, and if there was any way to game the political system somehow to make money, he was on the case. In short, this is one long, twisted, and convoluted story.
And thus, Gibney is left with the ungainly task of trying to explain how Abramoff turned Northern Marianas sweatshops into a bribe farm for GOP congressmen, and how his shady, playing-both-sides kickback operation gamed Native American casinos. Not to mention how his phantom think-tank on the Delaware coast was in fact a money-laundering outfit. Or how the seemingly Mob-connected takeover of a fleet of Suncruz casino ships — and the murder of its former owner — went down. And, amidst all this, how Abramoff managed to move up the GOP food chain by throwing his money around, and was depressingly successful at it. This is all not even withstanding weird tangents like Red Scorpion. So, while Gibney does an admirable job explaining the details of these various operations, he has to jump through so many hoops to get it all down that the Big Picture often gets lost.
I’m probably being a little too hard on this doc, if only because I went in with very high expectations. I was hoping Casino Jack would be more of a concise and devastating prosecutorial brief about the plague of unfettered money in politics, but it’s more broad and meandering than that. (And, to be fair, whenever you take a subject this broad, there will be some meandering — See also Why We Fight.) Still, as I said, even if the high-level connections aren’t quite nailed down, Gibney does a good job of nailing the specifics of each particular grift — the sweatshops and casinos and whatnot. And, coming across with the nerdy charm of a more buttoned-down, politically-minded version of R.E.M.’s Mike Mills, author and ex-Republican Thomas Frank (The Wrecking Crew, What’s the Matter with Kansas) is an appealing interviewee throughout, and he enlivens the discussion considerably.
Speaking of Frank’s ex-GOP years: If you already knew the contours of this Abramoff story (and I suspect most of the people who bother to see this film will), perhaps the most interesting part of Casino Jack is the first half-hour, which chronicles the old College Republican days of friends Abramoff, Grover Norquist, and Ralph Reed. And from Reed’s penchant for outlandish stunts at campus protests, to Norquist’s unabashed admiration for Leninist tactics, to Abramoff et al’s abortive attempt to engage the Third World in their free-market fundie ways, it’s seem as if the young Reagan Right of the ’80s were mainly just a cracked-funhouse-mirror version of the ’60′s New Left they so despise. (This is also in keeping with what you might expect from books like Rick Perlstein’s Before the Storm, about the ’64 Goldwater campaign.)
Still, as we move into the present day and these young conservatives fan out into the political system, Casino Jack and the United States of Money unfortunately gets its overarching message muddled. Is this movie about the former (Abramoff) or the latter (the U.S.M.)? Is Casino Jack a uniquely well-connected criminal mastermind, or, worse, the clearest expression of a political system overwhelmed by cold, hard cash? It’s true the answer to this question may just be “yes,” but the documentary can’t seem to decide at times if it wants to skewer Abramoff (and, by extension, his “unindicted co-conspirators”) or catch bigger game — the whole rotten system — and as a result, both sorta end up writhing off the hook.
At one point, Casino Jack gets caught up recounting the exceptionally douchey e-mail traffic between Abramoff and Scanlon, which is fun and all. (The best laugh in the movie is when the beach bum lifeguard running their Delaware front operation turns out to be savvier than these two would-be Masters of the Universe: “Uh, you’ve been putting this all in e-mails?”) But, even as we delve into these sordid details, the scarier implications of the Abramoff story feel shortchanged — that not only does this pay-to-play stuff seem business as usual for the Dubya White House and DeLay ring, but worse, that this monied corruption festering at the heart of our republic is both legal and even institutionalized.
And so, when the Citizens United fiasco comes up at the end, it unfortunately feels like a bit of a non-sequitur, rather than the sad culmination of the story we’ve been told for two hours. Casino Jack and the United States of Money is an able attempt at muckraking, but, to my mind, it fails to capture the true horror unfolding here: Jack Abramoff may be languishing in prison right now, and for many, many good reasons. But the mess of a system he thrived in is still right here with us — and if anything, after Citizens United, it might soon be getting worse.

“‘
I am confident that she’s a solid, reliable modern Democrat…She’s not George McGovern or whoever the liberal left of the Democratic party would want, but the left of the Democratic party isn’t where the party is any more. She’s a good, solid Clinton-Obama Democrat.‘”
Well, that’s the trick, isn’t it? Particularly that she’ll be replacing the irreplaceable John Paul Stevens. In any case, President Obama has made his second pick for the Supreme Court, and it is his Solicitor General and former Harvard Law Dean Elena Kagan. “As solicitor general, Ms. Kagan has represented the government before the Supreme Court for the past year, but her own views are to a large extent a matter of supposition.“
Making the progressive case for Kagan: Larry Lessig, an old friend of hers: “The Kagan I know is a progressive…[T]he core of Kagan’s experience over the past two decades has been all about moving people of different beliefs to the position she believes is correct. Not by compromise, or caving, but by insight and strength. I’ve seen her flip the other side.” Lessig expounds on this coalition-builder argument here: “To hear the liberals talk about it, it sounds like they think we need a Thomas or Scalia of the Left…But nobody who understands the actual dynamics of the Supreme Court could actually believe that such a strategy would produce 5 votes.” (To which one must ask, really? Who’s gonna flip?)
Making the progressive case against Kagan: Salon‘s Glenn Greenwald: “[G]iven that there are so many excellent candidates who have a long, clear commitment to a progressive judicial philosophy, why would Obama possibly select someone who — at best — is a huge question mark?…I believe Kagan’s absolute silence over the past decade on the most intense Constitutional controversies speaks very poorly of her.” This was a follow-up from another piece, where he argued: “Kagan, from her time at Harvard, is renowned for accommodating and incorporating conservative views, the kind of ‘post-ideological’ attribute Obama finds so attractive.” Interestingly, this last part seems much the same argument Lessig’s making in her favor, with the valence changed.
(As an aside, this feud got a bit heated, with Greenwald deeming Lessig a liar and stooge. Having been on the wrong end of Greenwald’s wrath myself on the Citizens United case, Lessig’s rebuttal to this charge sounded all-too familiar: “Chill, Glenn. Dial down the outrage. Dial back the hyperbole. And stop calling those who applaud you liars…[Y]ou can make your point well enough without painting everyone else as liars or constitutional crazies.” True story.)
Anyway, speaking of Citizens United, since the President has explicitly said that decision is lousy law several times over, I presume he’s made sure Kagan is in agreement on that front. (He has, right?) And, as I said back during John Roberts’ nomination, my feeling is generally the president’s prerogative in choosing Supreme Court justices should be respected. (Can’t countenance Roberts’ lying, tho’.) So, if Kagan’s the president’s choice, I’m prepared to give her the benefit of the doubt and support the nomination.
But, quite frankly, I shouldn’t have to doubt (and here, the next two links are via Greenwald.) As the NYT editorial page well put it: “President Obama may know that his new nominee to the Supreme Court, Elena Kagan, shares his thinking on the multitude of issues that face the court and the nation, but the public knows nothing of the kind. Whether by ambitious design or by habit of mind, Ms. Kagan has spent decades carefully husbanding her thoughts and shielding her philosophy from view.“
So, sure, I guess it’s entirely possible Kagan is a secret superprogressive of the Leonard Cohen type. (“They sentenced me to 20 years of boredom, for trying to change the system from within.“) But there’s another explanation that’s more likely. And, loath as I am to agree with David Brooks, his column today echoes almost exactly what I was thinking:
“Kagan has apparently wanted to be a judge or justice since adolescence (she posed in judicial robes for her high school yearbook.) There was a brief period, in her early 20s, when she expressed opinions on legal and political matters. But that seems to have ended pretty quickly. She has become a legal scholar without the interest scholars normally have in the contest of ideas. She’s shown relatively little interest in coming up with new theories or influencing public debate. Her publication record is scant and carefully nonideological…What we have is a person whose career has dovetailed with the incentives presented by the confirmation system, a system that punishes creativity and rewards caginess.“
That’s my rub too, and it dovetails with larger problems I have with DC political culture. More often than not, the people who tend to succeed here are the ones who keep their head down, play the DC game, stay resolutely non-ideological and unobtrusive in their opinions. never go out on a limb, never say or do anything that could hurt their bid to be a Big (or Bigger) Shot down the road. (Hence, the whole phenomenon of The Village.)The problem is, these plodding, risk-averse careerist types are exactly the type of people you don’t want making decisions in the end, because they will invariably lead to the plodding, risk-averse and too-often rudderless politics of the lowest common denominator.
I’m really hoping the future Justice Kagan isn’t another example of this troubling trend, because as I said when Stevens retired: “The Court needs a strong and unabashed liberal conscience right now. What it emphatically does not need is another centrist technocrat that will help push the Court ever further to the right” But, as Kurt Vonnegut put it in Mother Night, “We are what we pretend to be, so we must be careful about what we pretend to be.” And when someone spends decades being so careful and circumspect in the face of so many obvious injustices, both by recent administrations and in the world at large…well, I really have to wonder about their judgment.
Update: Having said all that, this
recently unearthed 1996 internal campaign finance reform memo to Chief of Staff Leon Panetta, on which Kagan is one of six signers, suggests she is in fact
on the right side of the campaign finance reform issue: “
It is unfortunately true that almost any meaningful campaign finance reform proposal raises unconstitutional issues and will provoke legal challenge. This is inevitable in light of the Supreme Court’s view — which we believe to be mistaken in many cases — that money is speech and attempts to limit the influence of money on our political system therefore raises First Amendment problems. We think…the Court should reexamine its premise that the freedom of speech guaranteed by the First Amendment always entails a right to throw money at the political system.” So that’s a big check-mark in my book — Unfortunately,
other Clinton-era memos are less promising.

I’m late on this post
on account of vacationing, but nonetheless: As the world knows (and long suspected after he
only hired one clerk last year), Justice
John Paul Stevens has announced his retirement after
34 years on the Court. (See also
Dahlia Lithwick’s commemoration of Stevens’ empathy, as well as the Tao of Stevens
here and
here.)
Expected it may be, but this is not good news. The President is saying all the right things about picking a Justice who will uphold campaign finance laws in the wake of the Citizens United disaster. But, as the pathetic recent capitulation on Dawn Johnsen showed once more, this White House too often shrinks from a necessary fight in the name of an elusive “bipartisanship” that, quite frankly, does not exist.
With Stevens gone and the fearsome foursome of Roberts, Alito, Thomas, and Scalia still roaming the chambers, the Court needs a strong and unabashed liberal conscience right now. What it emphatically does not need is another centrist technocrat that will help push the Court ever further to the right. The ball’s in your court, Mr. President — It’s time to show more of the progressive gumption we voted you in office to provide.
“When the Chief Judge joined in the argument about the continuing vitality of the corruption rationale for campaign finance restraints, he flatly accused Kolker of evading the Citizens United ruling. “I’m not hearing you address Citizens United,” Sentelle said. And Judge Thomas B. Griffith chimed in: “You’re trying to avoid Citizens United. This is a new world: corruption means a lot less than it did before.’”Hey, you said it, Judge. According to the good folks at SCOTUSblog, the doors to unfettered campaign cash are open in a big way in the minds of the DC District Court after Citizens United: “From the opening moment of the 65-minute hearing, most of the nine judges on the en banc Court treated the Supreme Court’s ruling…as the beginning, not the end, of expansion of those freedoms. When an FEC lawyer tried to bring up, and rely on, older precedents, he was reminded repeatedly that those came before Citizens United.“
President Obama’s stern words about the decision in his State of the Union address may have induced Justice Alito to expose himself as a partisan hack, but it seems, alas, that the Justice and his four conservative contemporaries will have the last laugh.
“The Chamber spent much of its money in 2009 on campaigns that worked — it scared the Senate away from considering a version of the Waxman-Markey cap-and-trade legislation, and an argument can be made that its cutting ads on health care (with money taken from some insurance companies) helped to undercut support for the legislation.” You think? In a shape-of-things-to-come moment even before Citizens United goes into effect, the Chamber of Commerce outspent both political parties in 2009.
“According to The Center for Responsive Politics, the U.S. Chamber of Commerce and its national subsidiaries spent $144.5 million in 2009, far more than the RNC and more than double the expenditures by the DNC.” But corporate spending isn’t a problem or anything.
“In a new national poll, 65 percent of Americans say they disagree with the 5-to-4 U.S. Supreme Court decision to allow corporations to spend without limits on ads in political campaigns.” And yet hope remains while the company is true: A new poll finds Americans across the board are unhappy with the court’s ruling in Citizens United.
“The Reid poll found little difference in partisan attitudes…Sixty-six percent of Democrats either “moderately” or “strongly” disagreed with the ruling, but so did 63 percent of Republicans. A whopping 72 percent of Independents disagreed with the Supremes’ decision.” One wonders how those numbers might’ve moved if we started using Citizen United’s full name to discuss this case…

You stay classy, GOP. And folks thought “teabagger” was ugly.
“Debate on the question of money and politics has been percolating within the ACLU for years, long before the Supreme Court handed down its decision in Citizens United. ‘It is difficult to think of an issue that has generated more internal controversy,’ an internal ACLU memo states.“
To its credit and as a result of the Citizens United decision (which the organization has previously lawyered and lobbied for), the ACLU convenes a weekend summit to discuss its campaign finance reform position. “‘The ACLU’s version of democracy is from the ground-up,’ one civil rights lawyer, David Gans, told the ACLU’s board, which was assembled downtown at One New York Plaza. ‘Now Exxon Mobil can spend 2% of its money and blow that all up.’“
Here’s hoping the reformers win the day — or walk out CIO-style if they don’t. Imho, the stance that unlimited corporate funding of our elections is a right guaranteed by the First Amendment has always been the Achilles’ heel of an otherwise superb organization. I’m not a lawyer, but as far as I can tell, their reasoning relies on two unfortunate bugs in the legal code — corporate personhood and the conflation of money with speech — that they too often deem fundamental First Amendment principles. I would argue they’re not.
For why the former — corporate personhood — has obvious problems, just read Justice Stevens’ dissent from Thursday:
“The basic premise underlying the Court’s ruling is its iteration, and constant reiteration, of the proposition that the First Amendment bars regulatory distinctions based on a speaker’s identity, including its ‘identity; as a corporation. While that glittering generality has rhetorical appeal, it is not a correct statement of the law….
Although they make enormous contributions to our society, corporations are not actually members of it. They cannot vote or run for office. Because they may be managed and controlled by nonresidents, their interests may conflict in fundamental respects with the interests of eligible voters. The financial resources, legal structure,and instrumental orientation of corporations raise legitimate concerns about their role in the electoral process. Our lawmakers have a compelling constitutional basis, if not also a democratic duty, to take measures designed to guard against the potentially deleterious effects of corporate spending in local and national races.”
For the latter — the ruinous conflation of money and speech in Buckley v. Valeo — check out Stevens’ concurrence in Nixon v. Shrink Government Pact (2000), where he says how he’d come down if Buckley were reopened:
“In response to [Justice Kennedy's] call for a new beginning, therefore, I make one simple point. Money is property; it is not speech.
Speech has the power to inspire volunteers to perform a multitude of tasks on a campaign trail, on a battleground, or even on a football field. Money, meanwhile, has the power to pay hired laborers to perform the same tasks. It does not follow, however, that the First Amendment provides the same measure of protection to the use of money to accomplish such goals as it provides to the use of ideas to achieve the same results…
Telling a grandmother that she may not use her own property to provide shelter to a grandchild — or to hire mercenaries to work in that grandchild’s campaign for public office — raises important constitutional concerns that are unrelated to the First Amendment.”
(See also Byron White’s concurrence in part in Buckley, which argues that “[n]othing in the First Amendment stands in the way of ” campaign finance limits.)
But somewhere along the line and for whatever reason, the ACLU latched on to both of these unwise shibboleths, and have since been arguing that corporate personhood and the idea of money as speech are both enshrined in the First Amendment. Uh…really?
To see what kind of damage these two bogus ideas have wrought, one need only to go over to Salon and read through Glenn Greenwald’s ugly meltdown on Citzens United the past few days. As anyone who visits GitM regularly knows, I link to Greenwald pretty much constantly. On a host of issues, from Obama’s terrible record on civil liberties to the broken-down state of our journalism, he’s been remarkably on point, and one of my favorite columnists to read. I used to wonder if there was anything I disagreed with him on. Well, it turns out, there is. And, apparently, I’m a “partisan hack” for thinking different.
For the Cliff Notes version of this whole conversation, I wrote up a snarky summation of it here yesterday, well after things had gone south. But, basically, Glenn — on “homework assignment” — argued on Friday that, all the negative consequences that will ensue aside, the Majority in Citizen’s United decided the case correctly, that this was a victory for the first amendment, and that people who disagree with their decision are practicing “outcome-based law.” (He also made the dubious and unprovable assertion that things can’t get any worse anyway. Really? We’ll see.)
Well, this assessment did not sit right with a lot of people. Some questioned his reading of the case. Others pointed out that law is always outcome-based, even the Majority’s ruling in Citizens. (The concerned outcome for Justice Kennedy here is that blogs might get banned someday, somehow, if this ruling isn’t made. I’ll take my chances.) And, others, such as myself, questioned these two principles — corporations are people, money is speech — that the ruling was based on.
Well, suffice to say, Greenwald did not take criticism well. He adamantly refused to engage either notion — money isn’t speech, corporations aren’t people — as having any merit whatsoever, eventually trying to write off both with some dubious 1L hypotheticals. (All were answered to his disadvantage, several times over.) He went on to ridicule the folks who disagreed with him in a “check out the Big Brain on me” kinda way. (He argued his lawyerly creds just means he knows better.) He ignored Stevens’ actual dissent throughout. And he accused folks of being just like Dubya on torture for deigning to disagree with him on the decision.
This embarrassing conceit — those with disagree with me are Dubyaites, end of story — formed the extraordinarily condescending introduction of Greenwald’s follow-up to his first post. Still ignoring the legitimate criticisms people were making of the two assertions above — money=speech and corporations=people, Glenn instead pulled one line from Justice Stevens’ ninety pages of dissent to argue that all nine Justices agreed with both of these propositions. (This even though both Ginsburg and Sotomayor questioned the corporate personhood idea in oral arguments, and that Stevens explicitly said he did not agree with the money=speech proposition in Nixon v. Shrink, an argument Glenn would not touch.) As it turns out, the one line Glenn pulled from Stevens’ dissent proved neither assertion. Nonetheless, he returned to his shell, refusing to even consider the notion that “money=speech” or “corporations=people” might be lousy interpretations or legal accidents, or that they aren’t necessarily covered by the First Amendment.
When I shared the above ACLU story this morning, Greenwald blew another gasket:
The ACLU has a long history of standing up to and defying people [like] you: those who pretend to believe in the Constitution and civil liberties only when it can be used as a weapon to advance your partisan and political agenda.
If they didn’t reverse themselves on the First Amendment rights of Nazis in the wake of huge numbers of people like you (those who only believe in the Constitution when it suits them) cutting off funding and leaving the organization, I highly doubt they will do so now….
But what has made the ACLU such an important and unique organization is that they have stood their ground on principle and resisted the efforts of people like you to turn it into a partisan tool rather than an organization devoted to the Constitution.“
I guess he figured I’d forget what “people like me” means from paragraph to paragraph. And, yes, y’all, I’ve been writing on politics and progressivism here for ten years because I’ve always wanted to subvert the Constitution to my own ends. And I would’ve gotten away with it too, if it weren’t for that nasty Greenwald!
Anyway, when I then reminded Greenwald that people of principle can disagree on these issues, and that it may even be possible that the ACLU reformers might even be the right ones in this story, that’s when I got called an Orwellian partisan hack once more. (FWIW, here’s my kissoff. I particularly like “paddock of principle and certitude.”)
Throughout this whole back-and-forth, there was not even the remotest possibility that any other interpretation on these two questions had merit for Greenwald: Corporations have first amendment rights. Money is speech. Both are obviously enshrined in the First Amendment. And arguing anything else is ridiculous and deserving of scorn (even if Supreme Court justices have argued differently in the past, including as recently as Thursday.) So let it be written, so let it be done.
Uh…really? Who knows…perhaps it’s a lawyer thing. Nonetheless, this myopic, bullish way of thinking — I hold the only correct possible interpretation of the law, and you’re either with me or you’re with the Dubyaites — isn’t very satisfying on either personal or argumentative grounds. And Greenwald’s constant doubling down on his original argument, even as more and more holes were poked in it by various responders, makes me question not only his temperament but his writing in general. He usually provides a valuable public service, no doubt, but he seems to have bought into his own hype as an Incorruptible Defender of Liberty. If you can’t think outside of yourself once in awhile, or find some way to weigh arguments you may not necessarily agree with without deeming them unprincipled, you’re really not much use to anyone.
Update: Looks like Greenwald addressed this topic one more time this morning. Here’s what he said:
“‘Money is not speech’ is an idiot bumper sticker slogan, not a meaningful argument which resolves anything. ‘Corporations have no constitutional rights’ is such an extreme and dangerous position (it endorses the constitutionality of the FBI’s searching whatever corporate offices they want and seizing all corporate documents with no search warrants or probable cause, or the Congress’ imposing $10 million fines on corporations every time they criticize the government, among other things) that it’s frivolous in the extreme. Despite that, I spent substantial time all weekend addressing and responding to those frivolous bumper sticker slogans.“
So there you have it. An “idiot bumper sticker slogan”…repeated verbatim by Justice Stevens in 2000. (And, for what it’s worth, Greenwald referred to civil rights lawyer David Kairys’ piece on these two questions, linked several times above, as “stupid and ill-informed.”) Class act, Glenn.
“The Court today rejects a century of history when it treats the distinction between corporate and individual campaign spending as an invidious novelty born of Austin v. Michigan Chamber of Commerce, 494 U. S. 652 (1990). Relying largely on individual dissenting opinions, the majority blazes through our precedents, overruling or disavowing a body of case law…The Court’s ruling threatens to undermine the integrity of elected institutions across the Nation. The path it has taken to reach its outcome will, I fear, do damage to this institution.“
Well, it was a nice republic while it lasted. In a 5-4 decision, the Supreme Court finally hands down its Citzens United verdict, and it is ugly. [Full Text] Basically, the distinction between corporations and individuals has been erased, and, by the already dubious proposition that money is speech, unlimited corporate expenditures in campaigns is now just good, old-fashioned government. Welcome to the new Lochner era, y’all.
By the way, this is a much, much bigger deal than Scott Brown or the effing Edwards baby. Not that you’d know that from watching the news right now.
Update: More reactions:
Fred Wertheimer, Democracy 21: “Today’s Supreme Court decision in the Citizens United case is a disaster for the American people and a dark day for the Supreme Court…With a stroke of the pen, five Justices wiped out a century of American history devoted to preventing corporate corruption of our democracy.“
Bob Edgar, Common Cause: “The Roberts Court today made a bad situation worse. This decision allows Wall Street to tap its vast corporate profits to drown out the voice of the public in our democracy. The path from here is clear: Congress must free itself from Wall Street’s grip so Main Street can finally get a fair shake.“
Robert Weissman, Public Citizen: “Shed a tear for our democracy…Money from Exxon, Goldman Sachs, Pfizer and the rest of the Fortune 500 is already corroding the policy making process in Washington, state capitals and city halls. Today, the Supreme Court tells these corporate giants that they have a constitutional right to trample our democracy.“
Sen. Russ Feingold (D-WI): “[T]his decision was a terrible mistake. Presented with a relatively narrow legal issue, the Supreme Court chose to roll back laws that have limited the role of corporate money in federal elections since Teddy Roosevelt was president. Ignoring important principles of judicial restraint and respect for precedent, the Court has given corporate money a breathtaking new role in federal campaigns. Just six years ago, the Court said that the prohibition on corporations and unions dipping into their treasuries to influence campaigns was ‘firmly embedded in our law.’ Yet this Court has just upended that prohibition, and a century’s worth of campaign finance law designed to stem corruption in government. The American people will pay dearly for this decision when, more than ever, their voices are drowned out by corporate spending in our federal elections.“
President Obama: “With its ruling today, the Supreme Court has given a green light to a new stampede of special interest money in our politics. It is a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans. This ruling gives the special interests and their lobbyists even more power in Washington–while undermining the influence of average Americans who make small contributions to support their preferred candidates. That’s why I am instructing my Administration to get to work immediately with Congress on this issue. We are going to talk with bipartisan Congressional leaders to develop a forceful response to this decision. The public interest requires nothing less.“
Slate‘s Dahlia Lithwick: “Even former Chief Justice William H. Rehnquist once warned that treating corporate spending as the First Amendment equivalent of individual free speech is ‘to confuse metaphor with reality.’ Today that metaphor won a very real victory at the Supreme Court. And as a consequence some very real corporations are feeling very, very good.“
“If Republicans were wondering how their 2012 presidential candidate is going to compete against President Obama’s $600 million fundraising juggernaut, the Supreme Court seems poised to provide an answer: unlimited corporate spending supporting the Republican candidate, or attacking Obama.” With Justice Sotomayor aboard, the Supreme Court holds a special session today to re-hear arguments in Citizens United v. F.E.C.
And, as Slate‘s Richard Hasen explains, the projected outcome does not look good for McCain-Feingold or advocates of campaign finance reform. “If Roberts or Alito were ready to go the narrow route again in Citizens United, however, there would have been no reason to set the case for reargument explicitly asking the parties to brief the constitutional question, and certainly no reason to rush the case to September so it can be decided before the 2010 election season goes into full swing…Expect the floodgates to open, and the money to flow freely, as early as next year.“
“‘Taxpayers are subsidizing a legislative agenda that is inimical to their interests and offensive to what the whole TARP program is about,; said William Patterson, executive director of CtW Investment Group, an activist group affiliated with a coalition of labor unions. ‘It’s business as usual with taxpayers picking up the bill.” Sigh. The WP’s Dan Eggen reports on GM and a host of financial firms using bailout money to lobby for the status quo. “Major recipients of federal bailout money spent more than $10 million to lobby lawmakers in the first three months of 2009, including arguing against pay limits for corporate executives, according to newly filed disclosure records.“

“‘In another state, he would be toast,’ said Charlie Cook, editor of the nonpartisan Cook Political Report. ‘In Alaska, you gotta make him a significant underdog.‘” How’s this for a sign of the times? Ted Stevens, the longest-serving Republican in the Senate (and the only one to famously favor a Hulk tie), is very quickly found guilty on seven felony counts of lying on his non-disclosure forms. As you may remember, the indictments broke in July, and Stevens — asking for a quick pre-election trial — got one.
And yet, despite the desperate entreaties of Senator McCain and the governor of his home state, one Sarah Palin, Stevens has vowed to fight on for re-election next week, thus further boosting the chances of a Dem Senate pick-up in the Last Frontier…and beyond. “‘It’s a horrible year for Republicans, in a horrific fall, and this is yet another horrific event,’ Cook said. ‘This throws them off message; it puts them back on the defensive again. It makes it harder to separate themselves from the party.‘” Well, thanks for that, at least, Senator.
“The White House has said that Jack Abramoff had very little contact with the President’s staff and that it wanted all the relevant facts to be public. The 600 pages of documents it is withholding are directly relevant and should be produced.” Remember Casino Jack? Henry Waxman does, and has asked the White House to produce 600 pages of information previously withheld from the House investigation into Abramoff’s activities. (And this time, the White House might actualy play ball. Given an out by Waxman — that the information might be shown only to committee staff rather than going public — White House Counsel Fred Fielding pounced, “saying he was ‘pleased that such a concept is proposed in your letter’ and pledging to ‘seek to accommodate our respective interests in the documents we have withheld.’“)
Where does the GOP’s commitment to free market fundamentalism reach its limit? Where there’s money to be made, of course. The Post looks into the rise of no-bid contracts under Dubya. “A recent congressional report estimated that federal spending on contracts awarded without ‘full and open’ competition has tripled, to $207 billion, since 2000, with a $60 billion increase last year alone.“
It played its part against the Barksdale operation in Baltimore. Now it seems an undercover wire may have helped bring down GOP rep and Abramoff flunky Bob Ney. “‘Heaton’s substantial assistance in the investigation and prosecution of Ney was critical to Ney’s decision to admit his involvement in the corrupt relationship with Abramoff,’ Butler wrote. ‘The tapes made by Heaton captured important circumstantial evidence that statements Ney had made to others about matters material to the investigation were false or intentionally misleading.’“
“‘Everything has been skewed,’ Clinton says, jabbing her index finger for emphasis, ‘to help the privileged and the powerful at the expense of everybody else!’ It’s a rousing speech, though ultimately not very convincing. If Clinton really wanted to curtail the influence of the powerful, she might start with the advisers to her own campaign, who represent some of the weightiest interests in corporate America.” In a cover story for The Nation, Ari Berman takes a gander at the corporate connections among Hillary’s inner circle, concluding that “[i]t’s hard to see how her advisers’ corporate work doesn’t reflect poorly on Clinton’s progressive claims or create a liability for her with Democratic voters.“
Meanwhile, the probes continue: Kyle “Dusty” Foggo, the former #3 man at CIA who was linked to Randy “Duke” Cunninhgam’s bribery operation last year, was indicted yesterday for steering CIA contracts to his GOP cronies and telling them classified information about other bidders. Also indicted, Foggo and Cunningham’s co-conspirator, Mitchell Wade‘s business associate, and GOP fundraiser Brent R. Wilkes, who, among his other alleged crimes, arranged for paid prostitutes for Cunningham as part of the bribe package. “Wilkes, a Republican Party “Pioneer” who raised more than $100,000 for President Bush’s reelection in 2004 [has also] donated — in concert with his business colleagues — $656,396 to 64 other Republican lawmakers and the national Republican Party committees in Washington from 1995 through the third quarter of 2005.“
The DeLay-Abramoff era in DC may be a thing of the past, but the investigations into flagrant GOP corruption continue. Now, word leaks out that the Casino Jack probe has targeted another official in Dubya’s Interior: J. Stephen Griles. “Griles was a controversial figure at Interior, strongly criticized by the department’s inspector general for maintaining ties to energy and mining companies that were once his lobbying clients.“