Shotgun Sellout: House Democrats cut special deal with NRA
June 14, 2010
House Democrats held a shotgun wedding between campaign finance "reformers" and the National Rifle Association today in announcing a carve out for the powerful gun lobby in a bill responding to the Supreme Court's Citizens United v. Federal Election Commission decision.
The "Shotgun Sellout" exempts large organizations from the most burdensome regulations of the DISCLOSE Act, "Democratic Incumbents Seek to Contain Losses by Outlawing Speech in Elections," while pistol whipping genuine grassroots groups.
"The Democratic majority has decided that established, powerful interest groups should be exempted from the proposed draconian regulations, while small advocacy groups should have their voices silenced by the DISCLOSE Act," said Center for Competitive Politics President Sean Parnell. "Exempting the National Rifle Association from these regulations while local groups such as the Oregon Firearms Federation would face stifling regulations if they choose to exercise their First Amendment rights simply cannot be considered reform.'"
"This sort of special carve out for an established interest group is just the kind of insider manipulation that gives the public the sense that Congress is unresponsive to the concerns of ordinary Americans," said Allison Hayward, CCP's Vice President of Policy. "How can it be that invasive and onerous disclosure requirements are proper when applied to small, regional interest groups but not large, wealthy national groups?"
"This exception could serve to entrench political organization, discourage local participation in civic groups, and undermine the civic involvement that Alexis de Tocqueville identified as uniquely American and one of America's great strengths," she added.
According to Capitol Hill sources, the Rules Committee will likely hold a Wednesday hearing to advance the DISCLOSE Act to the House floor by the end of the week.
Draft amendment affecting the NRA as part of a "Manager's Amendment" for consideration this week in the House Rules Committee: Exempt section 501(c)(4) organizations" are also exempt from new reporting requirements. These are organizations which have qualified as having tax exempt status under section 501(c)(4) of the tax code for each of the 10 years prior to making a campaign- related disbursement, that had 1 million or more dues-paying members in the prior calendar year, that had members in each of the 50 states, that received no more than 15 percent of their total funding from corporations or labor organizations, and that do not use any corporate or union money to pay for their campaign-related expenditures.
The Center for Competitive Politics is a nonpartisan, nonprofit group dedicated to protecting First Amendment political rights. CCP seeks to deregulate the political marketplace of ideas through research, litigation and advocacy.
In January, the Supreme Court strengthened corporations' grip on our government and political process with a dangerous ruling, overturning more than 100 years of election law.
We are part of a group of senators fighting to rein in the increased influence of special interest money this decision will unleash and save our electoral process.
To combat the new, unregulated corporate influence over elections, we just unveiled the DISCLOSE Act -- because Democracy Is Strengthened by Casting Light On Spending in Elections.
But without your support, our legislation is never going to win the day -- we need to build support all around the country, and we need your help to do it.
As President Obama has said, the Supreme Court has given "a green light to a new stampede of special interest money."
But this decision doesn't just affect elections. It has the potential to change the very way we live in America.
Think about it: When you buy toothpaste now, the money you spend can be used directly for television ads attacking people that you believe in without you even knowing.
We have to respond.
We all have to get in this battle, and we all have to fight it from every angle.
Thank you for signing our petition.
Chuck Schumer U.S. Senator
Russ Feingold U.S. Senator
Patrick Leahy
U.S. Senator
The DISCLOSE Act legislation will address seven major points:
1. Enhance Disclaimers Make CEOs and other leaders take responsibility for their ads.
2. Enhance Disclosures It is time to follow the money.
3. Prevent Foreign Influence Foreign countries and entities should not be determining the outcome of our elections.
4. Shareholder/Member Disclosure We should allow shareholders and members to know where money goes.
5. Prevent Government Contractors from Spending Taxpayer money should not be spent on political ads.
6. Provide the Lowest Unit Rate for Candidates and Parties
Special interests should not drown out the voices of the people.
7. Tighten Coordination Rules Corporations should not be able to sponsor a candidate.
Citizen co-sponsors:
THe fucking traitors even put up a website for this: http://www.discloseact.com/
The NRA "carve-out" reaffirms the wisdom of the First Amendment's precise language: "Congress shall make no law . . . abridging the freedom of speech."
Congress can't help itself. Since 1798, with the Alien and Sedition Acts, incumbent politicians have yearned for legal duct tape for their opponents' mouths. The Disclose Act is a doozy of a muzzle.
For its part, the NRA -- on whose board of directors I serve -- rather than holding steadfastly to its historic principles of defending the Constitution and continuing its noble fight against government regulation of political speech instead opted for a political deal borne of self-interest in exchange for "neutrality" from the legislation's requirements. In doing so, the NRA has, sadly, affirmed the notion held by congressional Democrats (and some Republicans), liberal activists, the media establishment and, at least for now, a minority on the Supreme Court that First Amendment protections are subject to negotiation. The Second Amendment surely cannot be far behind.
Since the court's January decision in Citizens United v. Federal Election Commission that corporations cannot be constitutionally prohibited from making independent candidate-related expenditures, Democrats have been hyperventilating at the notion that corporations might spend millions of dollars criticizing them. To foreclose that possibility, the Disclose Act would impose onerous and complicated "disclosure" restrictions on organizations that dare to engage in constitutionally protected political speech and on corporations that dare to contribute to such organizations.
Democrats would effectively neuter the court's decision by requiring the names of multiple donors to be recited in ads (thus shrinking the time spent on actual speech), requiring the CEO of a corporate donor to personally appear in campaign-related ads, expanding the coverage period to virtually the entire election year, and including myriad other rules that the NRA described last month as "byzantine" and an "arbitrary patchwork of reporting and disclosure requirements."
The NRA's wheel-squeaking bought it an exemption from those requirements. Tea Party organizations arising spontaneously since 2009? Out of luck. Online organizations with large e-mail followings but perhaps no formal dues structure? Forget it.
Receiving less attention than the NRA "carve-out" but no less cynical is the bill's sop to organized labor: Aggregate contributions of $600 or more would be disclosed. Why start at $600? Why not $200 or, say, $500? Because most union members' dues aggregate less than $600 in a calendar year and thus members' contributions to labor's campaign-related spending wouldn't need to be disclosed . . . even to the union members whose dues are spent for political purposes.
In Citizens United, the court held that the First Amendment doesn't permit Congress to treat different corporations differently; that the protections afforded political speech arise from the Constitution, not Congress. Otherwise, it would be tantamount to a congressional power to license the speech of some while denying it to others.
The NRA carve-out is a clear example of a congressional speech license.
The ostensible purpose of the legislation is benign "disclosure," upheld in Citizens United as permissible under the First Amendment. Even conservative Justice Antonin Scalia has expressed skepticism about the constitutional infirmity of disclosure requirements in another case argued this term; Scalia intoned in oral argument that "running a democracy takes a certain amount of civic courage."
That's true. Indeed, the law upheld in Citizens United requires all donors to candidate-related expenditures to be publicly disclosed to the FEC in a timely manner.
But the Disclose Act isn't really intended to elicit information not currently required by law. The act serves notice on certain speakers that their involvement in the political process will exact a high price of regulation, penalty and notoriety, using disclosure and reporting as a subterfuge to chill their political speech and association.
It is only disclosure, say the authors. And box-cutters are only handy household tools . . . until they are used by terrorists to crash airplanes.
This is not just "disclosure." It is a scheme hatched by political insiders to eradicate disfavored speech. There is no room under the First Amendment for Congress to make deals on political speech, whether with the NRA or anyone else.
The writer is a partner at Foley & Lardner who works in campaign finance law and is a member of the NRA's board of directors.
I rate the NRA on par with AARP - piss-poor operations.
Toss in AMA. NRO's Corner explains:
"In fact, this is precisely what is happening now. Senate Democrats would love to make good on their promise to the AMA to pass the doc fix in exchange for the AMA's support for Obamacare, but they can't find the offsets, and thus don't have the votes."
AMA gets screwed too, even after eagerly making their little Chicago-style deal with Obama.