Thoughts on the appearance of Super PAC/Candidate collusion and the Supreme Court decision not to revisit Citizens United…

What do you get when you put Karl Rove and Mitt Romney in the same place at the same time at a mega-fundraising event in Park City, Utah? If you answered the appearance of coordination and collusion between the Romney campaign and American Crossroads, then you likely understand the skepticism of many towards the Supreme Court’s 5-4 per curiam decision not to re-visit its controversial Citizen’s United decision. The Court’s American Tradition Partnership, Inc. v. Bullock decision on Monday virtually ensures that there will be no stopping corporate money from flooding into Super PAC’s at record rates during the November election. The decision to maintain the status quo also turns a blind eye to the fact that the American public is watching billionaires and corporations single handedly drive messages in support or against certain issues and candidates in advertisements that sound and appear remarkably similar to that of the political parties and their candidates. These increasingly obvious coordinative actions raise red flags signaling that perhaps the line drawn between Super PAC activity and Political Campaign activity has become blurry to non-existent.

The appearance of coordination and collusion post-Citizens United, a decision called “uninformed, arrogant, and naïve” by Senator John McCain in a recent interview with Meet the Press, has been severely exasperated at the Presidential level. With only two candidates in the race, divisive opposing views on almost every major issue, and because of the national media’s focus on the every move of the candidates and their associated/unassociated groups, hiding any type of coordination between PACs and Candidates is now virtually impossible. As hard and soft ads from the campaigns hit the airwaves, there have likewise been streams of Super PAC ads running that could easily be labeled candidate specific because the issues addressed have been framed in a manner where the lay person can easily tell what candidate backs or opposes the viewpoint or stance promoted. For example, with Karl Rove and the American Crossroads Super PAC, any concern over the appearance of collusion seems to run a distant second to attempting to humiliate the President with one-sided content and Republican talking points. It’s no secret that American Crossroads is a GOP operation run by former members of team Bush, and although they may technically be unassociated with the Romney campaign, there can be no doubt that Rove’s ads are purposefully directed at hurting Obama in an unabashed attempt to benefit the presumptive GOP candidate.

Still, what really takes the efforts of Rove and some other conservative Super PACs to the level of possibly violating campaign finance rules is the visibility of the biggest donors to outside groups at Romney campaign events disguised as fundraisers. It became obvious that the new rules would be tested at their limit during the 2012 Republican Presidential Primary, as Newt Gingrich and a Super PAC led by Sheldon Adelson campaign made no attempt to curb public perception that they were coordinating by appearing on stage together at multiple Gingrich fundraising events. The response from the guilty parties then was that it was not coordination simply to be seen together. But, at an event like the “fundraising retreat” for Romney in Park City, it is simply naïve to think that there is not backroom coordination occurring between big money donors and campaign staff. The question now becomes what can be done in the wake of the American Tradition decision to ensure that American voters are not having their voices diluted beyond what is acceptable under Citizens United and the US Constitution.

At this point, the implication from American Tradition is that nothing will be done at the Supreme Court level to change the rules despite growing evidence of their abuse. Any substantive changes will not occur until after the 2012 election cycle and will likely require a heightened level of proof of collusion and coordination to move the Court to seriously re-address the campaign finance issue. The conservative justices have taken a wait and see approach, while the liberal justices continue to point out many of the same concerns raised by this and many other articles on the post-Citizens United landscape. Therefore, it will be up to good reporting and increased accountability on the part of the American electorate and media to move the Court to act on the fact that coordination is in fact occurring. The Court has long considered the appearance of corruption as a compelling governmental interest, and evidence of such should be at the heart of any discussion on election rules in the United States. Unfortunately, because of American Tradition, Karl Rove and other GOP-tied Super PACs will be allowed to continue abusing campaign finance rules.

Thoughts on whether Karl Rove will be Romney’s Sarah Palin…

He will not appear on the Republican ticket or speak at the GOP Convention, yet his impact on the 2012 race for President of the United States has already been felt. He has skillfully navigated the post Citizens United landscape, helping to push the Tea Party into Congress. He is currently helping to pour millions of dollars into negative ads attacking President Barack Obama in swing states. He has attempted to depict Obama as an outsider, a celebrity, and distorted and twisted the President’s record/persona in order to get his messages across to key voting blocks. His and all other Super PACs are legally bound not to have any coordination with a candidate’s campaign, but it would be naïve not to see the many ways in which the new rules can be skirted (See Newt Gingrich on stage at campaign event with his sugar daddy). He is Karl Rove, George W. Bush’s former Deputy Chief of Staff, and his American Crossroads Super PAC cohorts are in the business of throwing political hand grenades.

Although Mitt Romney has not yet selected a running mate, he can rest assured that regardless of his pick the same kinds of inciting statements made to Republican crowds by the likes of Sarah Palin during the 2008 election (at the dismay of the McCain campaign) will be made by groups such as American Crossroads via the air and radio waves and the Crossroads GPS field campaign. Unfortunately for Romney, no matter how much he spends on ads, he will have never truly have control over the conservative message during this election season.

Much like Senator John McCain never had control over Palin’s crowds during the heavy campaign season,, Romney will also have little to no control over Super PACs like American Crossroads. No matter how hard Romney tries to keep things positive or on an economic message, he will constantly be walking back ads that Rove’s group has put out. There is no way he can stop it, so he will either have to embrace it or suffer the same fate as McCain.

It's also notable that McCain was never truly in with the starkest conservatives, and neither is Mitt Romney. Romney, like McCain, is not a big draw, he is not exciting, and he doesn’t give a great speech. Like McCain, Romney was the settled-upon candidate. He is not Chris Christie, Jeb Bush, or even Marco Rubio. Yet, because of the ill-fated Palin experience, and because FOX News is a defacto GOP network with Karl Rove as an active talking head, Romney will have to walk a fine line by either picking a name that draws ratings or by trying to play it safe with a lesser-known that he can consistently overshadow and keep on message.

He can go with a big name and risk being Palin’d, or he can go with a low profile pick and risk being overshadowed by Super PAC messaging because the ticket is just too boring. Either way, Romney will eventually run into messaging issues. His VP choice will no doubt be difficult, but the end result may be the same regardless of whether the pick is Marco Rubio or Rob Portman. The more outrageous Super PAC messages will always draw bigger ratings on FOX and Rush Limbaugh than will play-it-safe Romney campaign ads, and the Super PAC nonsense makes for bigger headlines with opposition groups. There is simply nothing Romney can do to stop this phenomenon under the current rules.

The conservatives running American Crossroads are not, and never have been or will be true Romney Republicans. Sure, they want to beat Obama, but this group is for the most part composed of ex-Bush aides and veterans of the neo conservative movement who are trying to stay relevant by pursuing the same divisive political messaging that drove the Bush/Cheney to two terms in the White House. They play on religion, they entice the birthers, they are the brains behind the new Tea Party movement, but they are certainly not Massachusetts moderates. They are the same people who trashed McCain in 2000, Kerry in 2004, and both Obama and Romney in 2008.

Karl Rove and company have Romney cornered, because unlike the Democratic Party, the Republican establishment does not have a recognizable uniting voice or platform (not liking the President is not a platform!). There is no Barack Obama or Bill Clinton, and Bush is currently a bad word on the Romney campaign. There simply exists a fractured GOP composed of factions representing different eras of conservatism leaning on an aging Reagan-era base in danger of disappearing if it does not begin to appeal to the changing face of modern America.

This lack of unification, coupled with the Citizens United decision, has opened the door for candidates to be at the mercy of the Super PAC if they are not themselves an intriguing presence. As far as Karl Rove and American Crossroads go, they have harnessed the potential of having the same negative impact or greater on the Romney campaign as did the unchecked rhetoric of Sarah Palin that haunted the McCain camp with independent voters in 2008.

The bottom line is that Mitt Romney cannot control Karl Rove even if Rove is trying to help him win. Because Romney will be outspent by Super PACs in an inter-party battle to define the key issues of this election, the Rove message will inevitably become part of the Romney message. Sure it’s still early, but it’s definitely not a stretch to say that Rove will end up having a Palin-like effect on Romney’s bid this November. Maybe Rove can help Romney fire up a segment of the conservative base that Romney cannot reach, but in the end, Rove’s push to fire up the Republican on dated social issues, along with his desperate attempts to create a straw man version of Barack Obama, could seriously backfire for Romney with undecided voters seeking to further distance this country from Bush-era practices and policies. Unfortunately for Mitt Romney, the money is in the bank and continues to flow to Karl Rove’s and other similar groups, their ads are already hitting the tubes, and the end results will be telling of the true effect of Citizens United on those who fiercely advocated for the Super PAC system.

Thoughts on corporate personhood and future elections…

From the legendary arguments between Thomas Jefferson and Alexander Hamilton regarding the role of money in our new born democracy, to Santa Clara County v. Southern Pacific Railroad Company, and finally the most recent Supreme Court rulings on corporate electioneering communications, the ongoing debate over how the rights of interest groups and corporations should or should not exist in relation to the rights of individuals has been a constantly evolving one throughout our history. Most recently, we have seen the bitter emotions of this long running battle culminate with shaking heads during the State of the Union Address, and the emergence of yet another highly divisive chapter in our politics.

The debate has also generated some important questions: First, Given their inherent monetary power over individuals and small business owners, should corporations be able to advertise on behalf of candidates and special interest causes within 30 days of a general election and 60 days from a primary? Second, should companies who have foreign shareholders be allowed to put ads on the air which could, in theory, represent the interests of countries other than the United States? And finally, do the legal definitions of a “person” under Chapter 1, title 1 of US Legal Code, basically allow corporations, whether for profit or non-profit, to act as individuals with all of the protections granted to individuals under the Constitution? To answer these questions, we must look at the precedent set by the Supreme Court’s recent decision in Citizens United v. Federal Election Commission, 558 U.S.

The 2002 Bipartisan Campaign Reform Act (BCRA), often referred to as the McCain-Feingold Act, set the rules of the game up to protect the individual voter from being overrun by powerful corporate lobbies. To do this, the act put a federal ban on corporate financing of political campaigns, and prohibited corporations from airing ads that named federal candidates within 30 days of a general election and 60 days from a primary. Despite the laws set forth in the BCRA, the non-profit corporation Citizens United decided to go ahead and try to air an anti-Hillary Clinton film featuring her image on DirecTV before the 2008 Primary Elections. This action would have been in direct violation of McCain-Feingold., but after district courts upheld the precedent set in BCRA and upheld in McConnell v. Federal Election Commission, Citizens United appealed their case to the highest court, claiming their film was factual and non-partisan, thus the fate of corporate advertising in federal campaigns was once again put on trial.

In a complex 5-4 decision, the Supreme Court overruled the provision of McCain-Feingold that prohibited corporations from broadcasting electioneering communications that mention a candidate within the previously mentioned timeframe. Therefore, in the upcoming midterm elections, and the 2012 elections, barring a reversal by the Supreme Court, corporations will be able to put their monetary power behind partisan campaign advertisements.

Advocates for the ruling will mention that the court did not overrule the parts of the BCRA which ban political contributions by corporations and full disclosure in advertisements a law, but there is no denying that the individual person is in no way as powerful as a corporation with a given interest. They will also mention that by limiting corporations, we would also risk suppressing the media, which is an argument made by Justice Kennedy in the majority opinion.

As we move closer to the2010 Election, there could be an historic level of corporate advertising for candidates from all parties. Though it is made very clear in the law that no campaign funds may be collected from foreign corporations, there is nonetheless a sense of dissatisfaction amongst many that these changes to McCain-Feingold have allowed us to get very close to this kind of long distance financing. The full power of TV ads will be put on display, as individuals will see millions spent to sway public opinion in the name of corporate interest. Candidates will have little choice but to become prisoners to the powerful corporate special interest, as there will be no way to compete monetarily without adjusting to the new rules of the game.

Going forward, it will be a trying time for the little man, the small business people who can’t afford to advertise their cause, or the politician who wants to stick to his core values but knows he has no chance of winning an election without giving the go ahead for partisan corporate ads. It would also seem that in a thriving democracy every citizen should have the equal right to advocate their cause with the benefit of an even playing field. This is not the case after the Supreme Court’s latest ruling. There will likely be more competition for ad space created by corporate giants, and the richest Americans will likely benefit from the opening of the advertisement loophole, but, in the end, the realistic ability of the common American to be heard over the drowning power of corporate interests may be lost for now.

Thoughts on Congress moving forward post health care reform

The United States Senate has notoriously been called the institution where great ideas go to die. Currently, there are hundreds of good bills passed by the House of Representatives which have yet to be debated by, or even considered by the Senate. Many of these bills are bi-partisan, and many of the critical issues, such as financial reform and fixes to No Child Left Behind, are being shunned by the minority party in the name of politics. This is unacceptable in our current economic condition.

By refusing to let committees meet, and pulling out every possible parliamentary inquiry known to man, Republicans in the Senate have decided not to be part of the practical solutions to the problems facing the nation. Senator John McCain, a man formerly known for reaching across the aisle despite politics, declared today that any proposed legislation was “dead” because of his party’s bitter feelings over the process of the health care reform debate. This kind of behavior is childish, especially when we are recovering from a nationwide recession.

If this cynical activity is allowed to continue, bills that both sides agree are beneficial will sit and grow dust. Good bills, shunned by a stubborn minority, only to be reintroduced and fall prey to the same viscous cycle. There is serious business before The Senate that must be handled by serious people. We assume that our Senators are those people, that they are reasonable professionals who are elected to work, and not to stall progress.

There is nothing to stop any one Senator from debating their point for or against a bill. Most Americans can respect eloquent argument in the face of tough problems. But, when stall tactics and petty partisan games are used to impede the progress of the nation, it makes an already frustrated American public tune out the political process. In order for the United States to emerge stronger from the past decade, it will be necessary for our leaders to take on the business of the people, not duck from it. Not because of politics, but because the future of our country depends on it.