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Carl Pope

Carl Pope

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There Goes the Fig Leaf

Posted: 02/28/11 02:27 PM ET

Perhaps you read that the oil industry is already gearing up its campaign-contribution machine, with the American Petroleum Institute (API) announcing that for the first time it will start making direct contributions to candidates, instead of leaving that task to its individual member companies. But you almost certainly overlooked the fact that in making the announcement, API stripped the fig leaf that, since the end of the 19th century, has enabled both corporations and politicians to pretend that giving a public official money to run a political campaign was somehow not bribery.

The crucial admission came from Martin Durbin, API's executive vice president for government affairs, who announced the new strategy this way: "At the end of the day, our mission is trying to influence the policy debate." You might not have taken particular note of his statement because (if you are like most Americans, most reporters, and most politicians or donors) you already assume that campaign contributions influence policy choices, and that senators, congressmen, governors, state legislators, and city council members are all more responsive to the needs, concerns, and views of those who give them money than they are to the desires of the rest of us. It's almost a "duuuh" moment.

And since individual companies and executives in the oil industry have already given $238 million in federal campaign contributions over the past 20 years, (almost all of it to politicians who then voted to continue the oil industry's outrageous subsidies and environmental bailouts), this is one of those secrets that's been hidden in plain sight.

But there is one crucial group of Americans who for more than 100 years have held it as an article of faith that a campaign contribution is different than a bribe -- federal judges. The judiciary has accepted the argument made by big donors and politicians that when Exxon gives money to Senator James Inhofe, it is trying only to influence the voters of Oklahoma and to help Inhofe to win their support. But, the argument has run, Exxon is not trying to influence Inhofe's votes in the Senate. Exxon might be buying the election, but it is not changing Inhofe's actions as a senator. (Spending money to influence legislative acts would be bribery.)

Politicians insist that they are selling "access" -- not "influence." They concede that big donors, whether they are constituents or not, get meetings that ordinary constituents don't. They can hardly argue this point since both parties routinely "sell" such access by soliciting big gifts, in specific amounts, in exchange for the right to attend various events, ranging from breakfasts to luxurious weekends, with elected officials. It has somehow passed everyone's notice that if a judge announced that he would only listen to the motions and arguments made by lawyers who had made contributions to his reelection committee, he would be impeached and then jailed. Why this should be different when it is a governor or a senator who auctions off public access has never been clear.

But somehow the courts have accepted the argument that, in making campaign contributions, there was a critical distinction between campaign contributions to influence elections (constitutionally protected), encouraging such contributions by auctioning off "access" (acceptable), and paying money to influence a legislator's vote (bribery). But the fig leaf on which our entire system of campaign finance depends is the idea that campaign contributions don't influence legislative outcomes. The American Petroleum Institute's recent announcement, perhaps because it hasn't previously been part of this particular inside game, blew the cover off of this stunningly implausible public fiction. If API is making its campaign contributions to influence the policy debate, then it is engaging in bribery. And if API is engaging in bribery, then so is Exxon-Mobil when it makes similar gifts to the same politicians at the same time.

And why might API have chosen this time to get into the business of "influencing the policy debate" with campaign contributions? Perhaps because the oil industry, in spite of last fall's election, is really, really worried. The industry's subsidies and bailouts have been highlighted repeatedly by the Obama administration and the Democrats as an example of a good way to help reduce the federal deficit. In his State of the Union message, President Obama said, "instead of subsidizing yesterday's energy, let's invest in tomorrow's."

Senator Robert Menendez followed up with his Close Big Oil Tax Loopholes Act of 2011, which would repeal over $20 billion in handouts earmarked for some of the world's largest and most profitable corporations. In the recent votes on the House floor on HR 1, a number of conservative Republican members broke ranks to vote against subsidies for big agribusiness and defense contractors -- and the oil industry is worried that its tax welfare might get added to the same bipartisan hit list.

But while API has stripped the cover story off the campaign-bribery racket that federal courts have allowed for over a century, don't expect federal judges to have a sudden "a-hah" moment. Justice, after all, is legendarily blind -- so it may not even notice the missing fig leaf. Instead, the risk is that, as the Supreme Court did in its Citizens United opinion, the federal courts will open the floodgates even more broadly to legalized bribery by big economic corporations.

In Arizona, a state law that encourages candidates to accept public financing of their campaigns if they will give up accepting large bribes from private donors is being challenged before the U.S. Supreme Court in a case called McComish v. Bennett. A lower court overturned the law, but the 9th Circuit upheld it. Now the Supreme Court will have a chance to at least leave open a possible solution to the problem of legalized bribery. The Sierra Club, along with Common Cause, the League of Women Voters, and other reform groups, is filing an amicus brief in the case. Depending on the outcome, the case could be either the first step back toward true democracy in this country or another Supreme Court body blow toward plutocracy.

 
 
 

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03:09 PM on 03/02/2011
Oh, the hypocrisy! And what, pray tell, did the Sierra Club PAC intend to do with its campaign donations? Surely it doesn't intend to influence policy, right? Granted, the million dollars they spent in 2010 is chump change compared to what industry can afford, but do you really think the Sierra Club would hesitate to spend millions or billions on campaign donations if they could afford it?

I realize their mission is to try to discredit the energy industry however possible, but Carl Pope should really think about what he is writing before he publishes it. A rant against advocacy groups making political donations just looks ridiculous when it comes from ... an advocacy group which makes political donations.
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Lance Manling
09:22 PM on 03/01/2011
I suppose Sierra Club does not do the same thing, except you actually hurts society because your solutions remove jobs from the economy. When will Sierra Club do something that will promote job growth instead of hinder it.
12:28 PM on 03/01/2011
An excellent post... we won't have a true democracy in this country again until either all campaigns are publically funded or all campaign contributions are given under a condition of complete anonymity.
11:56 AM on 03/01/2011
Activists judges indeed....thanks Supreme Court; Franklin & Jefferson would be SO proud of you guys now. (NOT)
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George Hanshaw
There are none so blind as those who will not see.
11:19 AM on 03/01/2011
Gee, the American Petroleum Institute is promoting .... Petroleum. Who would have thunk? Why would anyone have thought it would be any other way? The name alone is as close to truth in advertising as anyone could ever get.

Speaking of truth in advertising - The Consumer Reports people come through:

Washington — Consumer Reports offered a harsh initial review of the Chevrolet Volt, questioning whether General Motors Co.'s flagship vehicle makes economic "sense."The extended-range plug-in electric vehicle is on the cover of the April issue — the influential magazine's annual survey of vehicles — but the GM vehicle comes in for criticism.

"When you are looking at purely dollars and cents, it doesn't really make a lot of sense. The Volt isn't particularly efficient as an electric vehicle and it's not particularly good as a gas vehicle either in terms of fuel economy," said David Champion, the senior director of Consumer Reports auto testing center at a meeting with reporters here. "This is going to be a tough sell to the average consumer.

The magazine said in its testing in Connecticut during a harsh winter, its Volt is getting 25 to 27 miles on electric power alone.

From The Detroit News: http://detnews.com/article/20110228/AUTO01/102280401/Consumer-Reports--GM’s-Volt-‘doesn’t-really-make-a-lot-of-sense’#ixzz1FMit2gUK
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12:15 PM on 03/01/2011
No matter how much liberals want to push green energy and transportation it simply costs too much at this time. In my opinion the best solution is to increase the numbers of nuclear power plants and that's the cheapest way to make Hydrogen fuel which is perfect, it allows MORE powerful engines, is or will be cheaper than gas, and the by product is water vapor. Forget 2X more expensive cars like the Volt, we ought to be heading toward hydrogen powered cars. The only downside is the massive initial cost in retrofitting fueling stations.
12:45 PM on 03/01/2011
Downside is massive initial cost ... uh, dude, your "genius" is showing again. That's exactly the same reason why you say we can't develop clean, safe energy. You just prefer to combine massive initial costs with toxic radioactive waste at the same time? Come on. 172 divided by what? 3? 4? 10?
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
10:22 AM on 03/01/2011
Money ran the US far more in 1900 than it does today.  Senators were chosen by state legislatures, so the position was bought. US Senators were the richest men in the world, names like Rockefeller, Carnegie. A Constitutional Amendment changed to direct elections of Senators, and the US was never again as plutocratic. Teddy Roosevelt and cousin FDR also changed things.

The US is becoming more of a plutocracy, but nothing like a hundred years ago. Read "Wealth and Democracy  - A Political History of the American Rich" by Kevin Phillips for the definitive history. Then read everything else he has written.
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Soulsurfer
Solar Electrician,Longtime Surfin'Fool
09:09 AM on 03/01/2011
Well, there may have been a brief time when this country was really a democracy, but it certainly hasn't been one for at least 100 years. We've just managed to keep the corruption well hidden, and had a good enough justice system and shared prosperity to keep revolution on the back burner. Not so much anymore.
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
10:26 AM on 03/01/2011
See my post, US was far more of a plutocracy in 1900.
07:11 AM on 03/01/2011
The democratic process is based on one person one vote. Any attempt to influence this through whatever means such as using the brainwashing power of the mass media, is a subversion of this process. It comes down to; do we want a democracy or a system where our collective rights are sold to the highest bidder; be it corporate or private ( such as the Koch brothers or Bush and his clan). The only public access political candidates should have to the mass media should be as participants in free and open debate with other candidates on the issues of the day. In my mind people who run these corporations and any one else who tries to exert undue influence on the democratic process are traitorous and should be held in extreme contempt.
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
10:29 AM on 03/01/2011
Actually, originally it was one white man, one vote, slave 2/5ths (I think?) of a vote, zero for women. Don't get nostalgic, the US is less plutocratic than ever in history, except for after WWII (Eisenhower kept 91% top tax rate, vetoed bill that changed it) until Reagan. WWII and the GI bill was the big equalizer, which "my man" Kevin Phillips calls "The Great Compression". That's what created our large middle-class: WWII.
02:11 AM on 03/01/2011
I always thought that was their mission. After all - if they don't people will realize the need for high speed trains and energy efficiency. Drill baby drill. Money is the oil industry and it uses the money to mislead the public and get oilmen into government. People like Dubya and his gang.
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Jim Milks
Ecologist
10:55 AM on 03/01/2011
It is their mission. They're just being more blatant about it than before. Their mission hasn't changed, just the wording that the API uses to describe their mission.

Oh, and Mr. Pope, I know that it would be nice for democracy to win out, but I fully expect the Supreme Court to take us further toward plutocracy. Just look at their decisions of the past couple of years. At this point, it would take fairly brazen bribery–such as a recording of a lobbyist handing money to a representative if they voted a certain way–to get the court to alter its course.
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DARK STAR
One small step for Man...
12:19 AM on 03/01/2011
Nationalize oil, import as much of it as possible and stop production here in the US. Mandate the transition to alternative energy in ten years for our basic transportation, and cut out the dirty old technology that was so good to us for 100 years but is now a huge burden.

We can lead the world in the transition to clean fuel, and saving what is left of our environment, and trying to restore what was destroyed along the way here. If you don't think that is important, then you probably don't have kids.
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Devontate
PrObama
11:38 PM on 02/28/2011
Stupid supreme court ruling.
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OneTop
Uh, is that a beer hall?
11:11 PM on 02/28/2011
It will be interesting to see which way the court decides.

Without any doubt Big $$ formulates policy and has totally corrupted the democratic process. The only interest Politicians have in their voting constituency is in the few months leading up to the day of the vote. After that, they abandon the people and forge ahead with supporting special interest's desired policies. Then undertake the dog and pony shows to convince the people that their decisions were the best that was available and everyone should be happy.

Plain and simple.
02:23 AM on 03/01/2011
You're right about the corrupted democratic processes (congress and the presidency). It is far from interesting to "see which way the (supreme) court will judge. It's a given. You can do the math on one hand. 5 to what ever. Bet on it.
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crablover
10:29 AM on 03/01/2011
With strict term limits, perhaps our "representatives" would vote for what's in the country's best interest, not for whatever generates funds for their next campaign.
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marco01
10:05 PM on 02/28/2011
Campaign Contributions equals Legalized Bribery

This is THE cancer of the American system of government. It's poison taints and corrupts everything else. Money is the incentive that drives our political system, not the vote and voice of the people.

Only complete public financing of our political campaigns will solve this problem. This is a vital investment in our democracy that we must make if we are ever going to overcome the corruption in our system.
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crablover
10:30 AM on 03/01/2011
Because Congress has to enact this change, I wouldn't count on it.
09:49 PM on 02/28/2011
Apparently big money and big corporations are so emboldened by the Supreme courts decision in Citizens United v. Federal Election Commission and the two part harmony of Democrats and Republicans supporting big business and Wall Street (no criminal charges) that pretenses about the corruption of our government are no longer needed. Good! People need to see the truth. The audacity of big oil will ultimately bite them in the oil well. President Obama should push hard to end subsidies and credits to the oil industry
Genders
Love, Tolerance, Enlightenment
09:28 PM on 02/28/2011
Great post! What does it take for the FBI to investigate this bribery? How blatant does it have to be?
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jeanrenoir
11:07 PM on 02/28/2011
There is NOTHING too blatant for Fox, Rush, and the Kochs not to be able to white wash it instantly for their dittoheads, who are now the permanent majority of American voters.
10:11 AM on 03/01/2011
jeanrenoir
Your comment link on the front page is different that the one above. But I was optimistic because I woke up in a good mood, and didn't want to feel as bad as I have since 2000! LOL
Genders
Love, Tolerance, Enlightenment
03:00 PM on 03/01/2011
FF. How can people fall for this? How can 60% of the voters not vote? More pain coming...
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Devontate
PrObama
11:39 PM on 02/28/2011
Even if they found something. . . who can punish them? Who can hold them accountable when they own everyone and everything?
Genders
Love, Tolerance, Enlightenment
03:00 PM on 03/01/2011
I think the FBI can arrest politicians.