Bill Moyers and Michael Winship
NationofChange / Op-Ed
Published: Wednesday 18 July 2012
“The DISCLOSE Act is meant to pull back the curtain and reveal who’s donating $10,000 or more not only to super PACs but also to trade groups like the U.S. Chamber of Commerce and these so-called ‘social welfare’ non-profits that can spend limitless cash on campaigns as long as it’s less than half the organization’s total budget.”

Presto! The DISCLOSE Act Disappears

Article image

Ask any magician and they’ll tell you that the secret to a successful magic trick is misdirection -- distracting the crowd so they don’t realize how they’re being fooled. Get them watching your left hand while your right hand palms the silver dollar: "Now you see it, now you don't." The purloined coin now belongs to the magician.

Just like democracy. Once upon a time conservatives supported the full disclosure of campaign contributors. Now they oppose it with their might -- and magic, especially when it comes to unlimited cash from corporations. My goodness, they say, with a semantic wave of the wand, what’s the big deal?: nary a single Fortune 500 company had given a dime to the super PACs. (Even that's not entirely true, by the way.)

Meanwhile the other hand is poking around for loopholes, stuffing millions of secret corporate dollars into non-profit, tax-exempt organizations called 501(c)s that funnel the money into advertising on behalf of candidates or causes. Legally, in part because the Federal Election Commission does not consider them political committees, they can keep it all nice and anonymous, never revealing who’s really behind the donations or the political ads they buy. This is especially handy for corporations -- why risk offending customers by revealing your politics or letting them know how much you’re willing to shell out for a permanent piece of an obliging politician?

That’s why passing a piece of legislation called the DISCLOSE Act is so important and that’s why on Monday, Republicans in the Senate killed it. Again.

Why? Senate Majority Leader Harry Reid: “Perhaps Republicans want to shield the handful of billionaires willing to contribute nine figures to sway a close presidential election.” The election, he said, may be bought by “17 angry, old, white men."

The DISCLOSE Act is meant to pull back the curtain and reveal who’s donating $10,000 or more not only to super PACs but also to trade groups like the U.S. Chamber of Commerce and these so-called “social welfare” non-profits that can spend limitless cash on campaigns as long as it’s less than half the organization’s total budget.

The New York Times recently cited a report by the Center for Responsive Politics and the Center for Public Integrity finding that “during the 2010 midterm elections, tax-exempt groups outspent super PACs by a 3-to-2 margin with most of that money devoted to attacking Democrats or defending Republicans.”  We’re talking in excess of $130 million. What’s more, the Times reported, “such groups have accounted for two-thirds of the political advertising bought by the biggest outside spenders so far in the 2012 election cycle… with close to $100 million in issue ads.”

We know a few of the corporations that are contributing, but just a few, and that’s only by accident or via scattered governance reports, regulatory filings and tax returns. The insurance monolith Aetna, for example, gave more than $3 million to a pro-Republican non-profit called American Action Network, which spent millions on ads attacking Obama’s health care plan – even though, publicly Aetna supported the president.  The Chamber of Commerce has pledged to spend at least $50 million on this election. Its contributors include Dow Chemical, Prudential Financial and MetLife.

But they’re just the tip of the proverbial iceberg. Without disclosure we have little idea of all the big businesses that are buying our democracy -- and doing their best to drown it at the bottom of the sea.

All of this, of course, is more blowback from the horrible Supreme Court Citizens United decision, which unleashed this corporate cash monster. Just this week, Justice Richard Posner of U.S. Seventh Circuit Court of Appeals – a Republican and until recently, no judicial liberal -- said that Citizens United had created a political system that is “pervasively corrupt” in which “wealthy people essentially bribe legislators.”

Nonetheless, at the time of the ruling two and a half years ago, eight of the nine justices also made it clear that key to the decision was the importance of transparency. Justice Anthony Kennedy wrote, “The First Amendment protects political speech and disclosure permits citizens and shareholders to react to the speech of corporate entities in a proper way.”

One of the DISCLOSE Act’s biggest opponents isn’t buying that argument.  Senate Minority Leader Mitch McConnell, who used to say, “We need to have real disclosure,” has changed his tune. Now that conservatives and the GOP are able to haul in the big bucks, he claims that divulging the identity of corporate donors would be the equivalent of creating an “enemies list,” like the one Richard Nixon kept to punish his foes and settle political scores. Here’s what McConnell said in a speech at the conservative American Enterprise Institute last month:

“This is nothing less than an effort by the government itself to expose its critics to harassment and intimidation, either by government authorities or through third party allies… That’s why it’s a mistake to view the attacks we’ve seen on ‘millionaires and billionaires’ as outside our concern. Because it always starts somewhere; and the moment we stop caring about who’s being targeted is the moment we’re all at risk.”

McConnell’s not the only one -- every Republican voted to kill the DISCLOSE Act, including fourteen who just a couple of years ago supported it. Groups like Ron Paul’s Campaign for Liberty smell an un-American conspiracy lurking behind the demands for disclosure. So do the National Rifle Association and FreedomWorks -- the Tea Party organizers originally funded by David Koch -- each of which warned senators that their votes on the DISCLOSE Act will be included in the scorecards they keep, recording each ballot they don’t approve like pins in a voodoo doll.

Their outrage is ridiculous and hypocritical. These non-profits are just another magic trick, an illusion intended to obscure the fact that these are monumental slush funds, plain and simple. As The Washington Post noted in an editorial this week:

“We seem to have created the political equivalent of secret Swiss bank accounts... In their lust for contributions, in cozying up to the moneybags of this era, candidates and political operatives in both parties seem to be forgetting that they put their own credibility at risk.”

Contrary to Senator McConnell’s view, this is more corrupt and covert than anything that happened during Watergate. The public has a right to know who’s behind the hundreds of political ads with which we’re being bombarded this year, who’s giving what to whom -- not to mention our right to try to connect the dots and figure out what their motives are.

The good news is that people are fighting back. On July 5th, California joined state legislatures in Hawaii, New Mexico, Rhode Island and Vermont calling for a constitutional amendment to reverse Citizens United. The Senate Judiciary Committee is holding hearings July 24th and the state of Montana, which recently had its law barring corporate spending in elections struck down by the Supreme Court, has put a voter initiative on its November ballot, also calling for a constitutional amendment.

Lee Drutman at the non-partisan Sunlight Foundation quotes the father of our Constitution, James Madison, who warned, “A popular government without popular information or the means of acquiring it, is but a Prologue to Farce or Tragedy or perhaps both.” Drutman goes on to point out that, “The Declaration of Independence wasn’t signed by Anonymous. Those who sign the big checks should have the very same courage in their convictions.”

Watch Moyers & Company weekly on public television.



Get Email Alerts from NationofChange

Top Stories

10 comments on "Presto! The DISCLOSE Act Disappears"

Rich Nau

July 21, 2012 12:54pm

Best of all we have finally given the world a voice in our politics. Anybody, anywhere in the world can contribute any amount with anonymity to influence our elections. First we globalized the world with our corporations, now the chickens come home to roost as we inadvertently globalize our elections.

Perumula

July 19, 2012 12:51pm

Hey!! Someone should go through Piers Morgan's interview last night (July 18) with Supreme Court justice Antonin Scalia. If my ears did not deceive, he essentially said those paying for political speech should indeed be identified (!!) going right up against the present Republican position.

BozoAdult

July 18, 2012 11:50pm

What kind of a country do these assholes want to live in?

majorpayne

July 18, 2012 3:54pm

"Another approach to this is a Shareholder Protection Act, or more simply, for Shareholders to be able to sue the company for wasting their profits on buying political influence." What waste? Greasing the palms of our elected representatives is a great investment.

Consider expensive weaponry, for example. Who's going to buy billions of dollars worth of fighters, bombers, ships, and all of our defense infrastructure, including military housing, commissaries, and exchanges, not to mention the huge amount of fuel that everything consumes? The Department of Defense gets the new stuff, some of our allies also buy current weapons, all of the tinhorn dictators around the world buy our second-tier and obsolete stuff, and it all runs on petroleum products.

The DISCLOSE Act was never more than a sham to make progressives think Congress was doing something that would make a difference and Democrats had something to fight for. It had no chance to work, even before the ink was dry on the rough draft.

Some people are all excited about corporate members bailing out of ALEC once we "discovered" what it was up to. What all of those corporations are STILL doing is picking off one state at a time, just like fruit off a tree. ALEC members don't really hate all taxes. They only hate the taxes and regulations that cost them a lot of money. They pay lobbyists to help them with those--another great investment.

Do you ever hear of corporations trying to get voters to repeal property taxes or sales taxes? No. Those taxes hurt only the "little people." They are pocket change for rich people.

Do you want proof? North Dakota's legislature tried to get voters to repeal its property tax, but big corporations (even AARP!) outspent supporters 25-to-1, and the measure failed by a 2-to-1 margin. Why? Because ALEC wanted ND to repeal its income tax instead. That's the tax that rich people hate.

Here's more proof. A billionaire real estate mogul (Rex Sinquefield) tried for several years to get the Missouri state legislature to repeal its income tax. Failing that, he is now trying to get the voters to do it. Republican governors of other Midwestern states are watching closely.

Like Moyers says, it's a matter of getting the audience to watch one hand while the other one palms the silver dollar.

Econ Amateur

July 18, 2012 2:51pm

Sorry VoteDemocratic, but the GOP control of the supreme court has severely curtailed using class action suits to protect people. Only a fraction of the former count of suits are being brought. The Oligarchy does not like having the scrutiny of lawyers. And thanks to the Grand Old Plutocracy they dont have to any more.

I know we all want to find a way out of this fake democracy we fell into, and the Shareholder protection act would do good. But it isn't going to happen. We need to demand Range Voting. Then our elections can not be secretly manipulated by clones. I would say "Vote democratic" but that power interest has no desire to empower the people with Range Voting.

speedemon

July 18, 2012 2:29pm

Ehhh, there is no math to do be done on this Jim! "Which corporations are making huge political contributions at the state and Federal level?" "Yes." MY OWN favorite NFL team is the worst offender in the league!

RobertMStahl

July 18, 2012 12:19pm

This is what Ron Paul has supported and remains true to the principles of the Constitution, still. It is hard to accept that Bill Moyers does NOT support the ACLU.

http://www.aclu.org/files/assets/7_16_12____aclu_opposes_disclose_act_s_...

And, this,

http://www.campaignforliberty.org/profile/7786/blog/2012/07/17/afternoon...

Moyers, I get so sickened by your pandering on 50% of the issues, like your interview with Chase Morgan. Consistency is the hobgoblin of a small mind, and principles are just a small step further, but they matter.

VoteDemocratic.US

July 18, 2012 8:15am

Another approach to this is a Shareholder Protection Act, or more simply, for Shareholders to be able to sue the company for wasting their profits on buying political influence.

As a shareholder you have the right to the value of your share of the Corporation and any dividends. The Corporation that spends to buy influence should be required to show the shareholders what that influence bought. in other words: if you work to get lenient environmental restrictions that the corporation Billions (killing fisheries and destroying the commonwealth aside) and all it costs is a few million to the Republican candidates then shareholders have a right to know. Some might praise this investment in buying politicians but others may boycott or sell their stock.

If, on the other hand you can prove that a CEO, an individual who happens to control a corporation, and wields its money as his own "speech" isn't working to the benefit of the shareholder but his own political bent, he/she can be fired and the shareholders can be compensated. By the way, the economy does better with Democrats so why are you wasting my profit/dividends on getting Republicans elected.

Money is not speech.
Corporations are not people... though they employ people. Often just a few or maybe just one (the CEO) is deciding how to spend it.

In the meantime, who will join me in a class action. Oh, sorry, we can't know if your corporation even spent money... because they don't have to disclose it. There has to be a means to protect shareholders from this type of waste.

In the meantime... VoteDemocratic!

VoteDemocratic.US

speedemon

July 18, 2012 2:35pm

Lol. I was reading somewhere that someone had calculated the ROR from campaign contributions for various corporations; as an example, "big banks" logged in the %X000's. Odds are pretty good the contributions are good for the stockholder.

moreaboutthat

July 18, 2012 12:41pm

Great comment!