#Dark Money

[justinspoliticalcorner]

Alex Nguyen at Mother Jones:

Long gone are the innocent days when media outlets claimed the independence and nuance of the politics of Elon Musk. Now, amid myriad X posts spreading far-right propaganda on immigrants, trans people, and, well, just about any other topic, it has become obvious where one of the richest men in the world stands. This week, there was more proof that Musk has put his money where his mouth has been. According to a report from the Wall Street Journal, Musk poured tens of millions of dollars into Republican campaigns and conservative groups even before he publicly endorsed Donald Trump in July. Conservatives helped conceal Musk’s contributions through so-called social welfare or “dark money” groups that do not have to disclose their donors and can raise unlimited funds. (Musk did not respond to the Journal’s request for comment.) One piece of reporting stood out. The newspaper found that the tech billionaire donated more than $50 million in 2022 for campaign advertisements by Citizens for Sanity, a group connected to former Trump aide Stephen Miller and his non-profit America First Legal, which bills itself as “the long-awaited answer to the ACLU.”  Ties to Miller back in 2022 illuminate Musk’s current penchant for posting about immigrants. Musk has increasingly aligned himself with xenophobic anti-migrant plans and trans hysteria championed by Miller within the Trump administration. 

[...] In recent months, Musk’s posts have sunken to lies of mass voter fraud to help Trump win. As I reported, the billionaire recently posted a rant about how Democrats are the true threat to democracy by fast-tracking asylum seekers for citizenship so that they can vote in swing states. Simple fact-checking finds that asylum seekers are not being flown to battleground states, are not being given a facilitated citizenship process, and are not being allowed to vote—it is all false.  As we previously noted, these statements fall within the 2024 iteration of the Republicans’ ���Big Lie.” If Trump loses in November, then Democrats stole the election through noncitizen voters.  Musk has also directly aligned himself with Trump, founding a super PAC called America PAC to get 800,000 people to vote for the former president in key battleground states. According to the Guardian, Trump’s ground operation in swing states are now mostly outsourced to America PAC, and Business Insider said that Musk is now shelling out millions to Republicans in 15 competitive House races. Yesterday, Politico reported that America PAC was teaming up with Turning Point Action, the political advocacy division of Charlie Kirk’s Turning Point USA, to fund hundreds of “ballot chasers” in Wisconsin. 

A Wall Street Journal reports that right-wing X owner Elon Musk has been funding anti-immigrant propaganda, including funding $50M to right-wing group linked to Stephen Miller called Citizens For Sanity (or more accurately, Citizens For Insanity).

[canadianabroadvery]

Finance giants like Fidelity and Schwab are pushing “donor-advised funds” that enable the ultrawealthy to funnel cash to far-right extremist groups anonymously under the guise of charitable giving. Project 2025 has benefited enormously.

[eretzyisrael]

by Robert Williams

In 2017, Saudi Arabia, the United Arab Emirates, Bahrain and Egypt, made 13 demands of Qatar: "to cut off relations with Iran, shutter Al Jazeera, and stop granting Qatari citizenship to other countries' exiled oppositionists." They subsequently cut ties with Qatar over its failure to agree to any of the demands, including ending its support for terrorism, the Muslim Brotherhood and Al Jazeera.

The Saudi state-run news agency SPA said at the time:

"[Qatar] embraces multiple terrorist and sectarian groups aimed at disturbing stability in the region, including the Muslim Brotherhood, ISIS [Islamic State] and al-Qaeda, and promotes the message and schemes of these groups through their media constantly,"

This is the kind of influence that US universities and colleges are more than happy to see on their campuses in exchange for billions of dollars in Qatari donations. According to ISGAP:

"[F]oreign donations from Qatar, especially, have had a substantial impact on fomenting growing levels of antisemitic discourse and campus politics at US universities, as well as growing support for anti-democratic values within these institutions of higher education."

In November 2023 ISGAP published a report, "The Corruption of the American Mind: How concealed foreign funding of higher education in the United States predicts the erosion of democratic values and antisemitic sentiment on campus." It found that there is a direct correlation between antisemitism and censored speech on campus and undocumented contributions from foreign governments, notably Qatar. According to the report:

"At least 100 American colleges and universities illegally withheld information on approximately $13 billion in undocumented contributions from foreign governments, many of which are authoritarian. "In institutions receiving such undocumented money: "Speech intolerance—manifesting as campaigns to investigate, censor, demote, suspend, or terminate speakers and scholars—was higher at institutions that received undocumented money from foreign regimes."

Qatar makes it possible for Ivy League universities to claim that they receive no funds from the Qatari state, because the donations are funneled through the Qatar Foundation for Education, Science and Community Development, a not-for-profit organization established in 1995 by the Emir of Qatar. This ensures that the foundation can identify itself as a private organization, which enables Qatar to conceal its state funding as private donations.

[mostlysignssomeportents]

How cable monopolists tricked conservatives into shooting themselves in the face

No matter how hard conservative culture-war cannon-fodder love big business, it will never love them back. Take network policy, where rural turkeys in Red State America keep on voting for Christmas, then profess outrage when Old Farmer Comcast gets to sharpening his ax.

For two years, the FCC has been hamstrung because MAGA Senators refuse to confirm Gigi Sohn, leaving the Commission with only four commissioners. What do the GOP have against Sohn? Well, to hear them tell of it, she’s some kind of radical Marxist who will undermine free enterprise and replace the internet with tin cans and string.

The reality is that Sohn favors policies that will specifically and substantially benefit the rural Americans whose senators who refuse to confirm her. For example, Sohn favors municipal fiber provision, which low-information conservatives have been trained to reflexively reject: “Get your government out of my internet!”

Boy, are they ever wrong. The private sector sucks at providing network connectivity, especially in rural places. The cable companies and phone companies have divided up the USA like the Pope dividing up the “New World,�� setting out exclusive, non-competing territories that get worse service than anyone else in the wealthy world. Americans pay some of the highest prices for the lowest speeds of any OECD nation.

For ISPs, bad service is a feature, not a bug. When Frontier went bankrupt in 2020, we got to look at its books, which is how we discovered that the company booked the one rural customers with no alternative as “assets” because they could be charged more for slower, less reliable service:

https://www.eff.org/deeplinks/2020/04/frontiers-bankruptcy-reveals-cynical-choice-deny-profitable-fiber-millions

We also learned that Frontier had calculated that it could make an extra billion in profit by bringing fiber to three million households, but chose not to, because it would take a decade to realize those profits, and during that time, executives’ stock options would decline in value as analysts punished them for making long-term bets.

We can bring fiber to rural America, and when we do, amazing things happen. McKee, Kentucky — one of the poorest places in America — used federal grants and its New Deal era rural electrification co-op to bring fiber to every household, using a mule called Ole Bub to run it over difficult mountain passes, and the result was an economic miracle:

https://www.newyorker.com/tech/annals-of-technology/the-one-traffic-light-town-with-some-of-the-fastest-internet-in-the-us

The only Americans who consistently say they like their ISPs are people who live in the 700+ small towns that have run their own fiber, mostly in Red States:

https://muninetworks.org/communitymap

Small wonder that rural Americans prefer muni fiber to commercial ISPs’ offerings. When Trump’s FCC Chair Ajit Pai gave them billions in subsidies to improve rural connectivity, the monopolists spent it pulling new copper lines, not fiber — which would have been thousands of times faster.

Given all that, it takes a lot to convince rural Americans that municipal fiber is bad for them. Specifically, it takes disinformation. More specifically, it takes the lie that municipal fiber would result in “government interference” in users’ communications.

Boy, is this ever wrong. Private companies are free to set their own content moderation policies, and can discriminate against any viewpoint they wish. They can and do remove “lawful but awful” speech like racist diatribes, vaccine denial, election denial, and other conservative fever-dreams.

Contrast that with local governments, who are bound by the First Amendment, and prohibited from practicing “viewpoint discrimination.” This means that if a local government allows one viewpoint on a subject, they are generally required to allow all other viewpoints on that subject. This is how we get the Satanic Temple’s excellent stunts, like demanding that towns that display Christian icons on public lands also display statues of Baphomet right next to them.

https://www.npr.org/2018/08/17/639726472/satanic-temple-protests-ten-commandments-monument-with-goat-headed-statue

When your town government runs 100gb fiber into your basement or garage, it will have a much harder time blocking you from, say, running a Mastodon instance devoted to election denial or GhostGun production than your commercial ISP will. Convincing American conservatives to hate municipal broadband was a gigantic self-own:

https://pluralistic.net/2021/01/17/turner-diaries-fanfic/#1a-fiber

Even worse is what rural America has been sold instead of municipal fiber: Starlink, the My Pillow of broadband. Starlink sells itself as blazing-fast satellite broadband, but conspicuously fails to talk up the fact that every Starlink user in your neighborhood competes for the same wireless spectrum as you, so the service can only get slower and more expensive over time:

https://www.somebits.com/weblog/tech/bad/starlink-nov-2022-data-caps.html

There’s been a concerted smear campaign against Sohn, and one of the major talking points is that Sohn is anti-cop because she sits on EFF’s board, and EFF wants to place limits on police access to commercial surveillance data. Which is wild, because one of EFF’s demands is limits on geofenced reverse warrants, where cops ask Google to reveal the identity of everyone who was in a specific place at a specific time. If you’ve heard about geofenced warrants lately, it was probably in the context of conservative outrage at their use in rounding up the January 6 insurrectionists.

Now, the primary use of these is to target Black Lives Matter demonstrators and other protestors, and EFF advocates for the normal Fourth Amendment rights that everyone is guaranteed in the Constitution. Conservative pundits didn’t give a damn about geofenced warrants until the J6 affair, and now they do — but they still insist that Sohn should be disqualified from sitting on the FCC because she shares their outrage at the abuse of private surveillance data by law enforcement.

All this raises the question: why have all these Red State senators made it their mission in life to block the appointment of an FCC commissioner who would deliver so many benefits to their constituents? It’s hard to say, of course, but Luke Goldstein has a suggestion in today’s American Prospect:

https://prospect.org/politics/democratic-majority-at-the-fcc-still-blocked/

“A torrent of lobbying money from the telecom industry has flooded Washington to block Sohn’s arrival at the FCC. AT&T, Comcast, Verizon, and T-Mobile doled out over $23 million lobbying Washington this year.”

And why would these companies spend millions to block Sohn from sitting on the Commission? Because she would help the Democratic majority pass policies that make broadband cheaper and faster for America, especially rural America where costs are highest and service is worst, and this will limit the telco monopolists’ profits.

There’s a new Democratic senate majority that’ll sit in 2023, so perhaps Sohn will finally be seated and start delivering relief to all Americans, even the turkeys who can’t stop voting for Christmas.

[Image ID: A hunter in camo firing a rifle whose barrel has been bent back to point at his own face. A muzzle flash emerges from the barrel. The hunter wears a MAGA hat. Behind the hunter is a telephone pole with many radiating lines. In the bottom left corner of the image is a 1950s-style illustration of a broadly smiling salesman, pointing at a box that is emblazoned with the logo for ALEC.]

[the-garbanzo-annex-jr]

By Daniel J. Samet

AIPAC isn’t the reason why Bowman or other anti-Israel progressives lose.

They’re being ousted from office because their loony views, including but not limited to anti-Zionism, are far out of step with their districts.

AIPAC, which has been around since 1963, is a convenient target for their anti-Israel grievances.

The group has long taken flak from opponents who argue that it nefariously influences American policy, but its critics are mistaken.      

Take campaign contributions, for which AIPAC is often attacked: AIPAC has the same First Amendment rights that all Americans do.

One wonders why this one group, whose staff and supporters are significantly Jewish, is so criticized for backing candidates who support the world’s sole Jewish state.

And AIPAC is far from the nation’s most prolific campaign contributor: According to Open Secrets, it has been outspent by 11 other political action committees this election cycle.

When was the last time you heard someone deplore the machinations of the National Air Traffic Controllers Association, for example?

If AIPAC-haters had any interest in being honest, they would acknowledge that the group is hardly the only one to give money to politicians it supports.

And the money AIPAC spends often doesn’t bear fruit — in this and past years, it has backed its fair share of losing congressional candidates.

Some of AIPAC’s fiercest critics, like Rep. Rashida Tlaib (D-Mich.) and Sen. Bernie Sanders (I-Vt.), remain in office.

[rjzimmerman]

Sen. Sheldon Whitehouse tells it like it is: 'one crew, one plan, one cancer in the body politic'. (Daily Kos)

I'm cutting and pasting this text from one of today's Daily Kos newsletters that land in my inbox. I think that Senator Whitehouse is possibly the smartest senator among the 100. He's a Democrat from Rhode Island and always has the smartest and bravest observations when matters are particularly ugly.

"Below is an unrolled string of tweets from Democratic Sen. Sheldon Whitehouse about our political predicament. More of our Senators should be talking like this and joining Whitehouse’s relentless attacks on the corruption and authoritarianism eating away at democracy. 

Our current situation should give Dems a rejuvenating chance to focus better on fixing what’s gone wrong in America.

We face three huge threats: persistent internal attacks on our democracy, unbridled climate upheaval, and a captured Court with some deeply corrupt justices

Behind each threat is dark money; massive anonymous political spending by special interests who hide their identities from the public.

The political class has reoriented itself to this new reality, pivoting to the big secret spenders. Voters notice they’re not so important anymore. An entire dark-money ecosystem has been spawned, with front groups, ‘Donors Trusts,’ coordinating 501c3s and c4s, and superPACs.

This whole filthy bestiary of influence is new (or refocused and expanded) since Citizens United. It didn’t used to be this way; it doesn’t have to be this way.

Democrats keep voting to get rid of dark money, and Republicans keep voting to protect dark money, but voters have no idea. We basically haven’t told them.

Which is pathetic because voters hate dark money with a passion, Republicans, independents and Democrats alike. Polling is off the charts.

(When done, that is; too often pollsters blow the dust each year off their polling questions from the ‘90s and this question doesn’t get asked!)

Climate change is out of control because of a massive dark-money politics and propaganda operation run by the fossil fuel industry.

Before Citizens United, climate was a bipartisan concern (see McCain 2008 platform); fossil-fuel dark money killed bipartisanship.

The Court was captured by a dark-money operation funded by creepy polluter billionaires and managed by their creepy minion Leonard Leo.

The ‘amenable’ justices are instructed via coordinated flotillas of dark-money amici curiae, with correlation near perfect between instruction and result.

Republicans are complicit in all this because the dark money behind these schemes is also the dark money billions behind their political operations.

It’s a trifecta; dark money is behind climate denial, Court capture and corruption of Congress — one crew, one plan, one cancer in the body politic.

Democrats should be blowing the whistle on the whole dark-money rot.It explains so much, it has obvious villains, and it has the added benefit of being true.

We are in a war for our future and we should behave that way.

[agentfascinateur]

The illegal "spiritual battle" over the US elections

A network of ultrawealthy Christian donors is spending nearly $12 million to mobilize Republican-leaning voters and purge more than a million people from the rolls in key swing states, aiming to tilt the 2024 election in favor of former President Donald Trump. These previously unreported plans are the work of a group named Ziklag, a little-known charity whose donors have included some of the wealthiest conservative Christian families in the nation, including the billionaire Uihlein family, who made a fortune in office supplies, the Greens, who run Hobby Lobby, and the Wallers, who own the Jockey apparel corporation. Recipients of Ziklag’s largesse include Alliance Defending Freedom, which is the Christian legal group that led the overturning of Roe v. Wade, plus the national pro-Trump group Turning Point USA and a constellation of right-of-center advocacy groups.

The reporting by ProPublica and Documented “casts serious doubt on this organization’s status as a 501(c)(3) organization,” said Roger Colinvaux, a professor at Catholic University’s Columbus School of Law.

“I think it’s across the line without a question,” said Lloyd Hitoshi Mayer, a University of Notre Dame law professor.

[justinspoliticalcorner]

Right-wing dark money activist Leonard Leo launches $1BN crusade to "‘crush" liberal America

Alex Rogers at Financial Times:

The conservative activist who led the crusade to overhaul the US legal system is making a $1bn push to “crush liberal dominance” across corporate America and in the country’s news and entertainment sectors. In a rare interview, Leonard Leo, the architect of the rightward shift on the Supreme Court under Donald Trump, said his non-profit advocacy group, the Marble Freedom Trust, was ready to confront the private sector in addition to the government. “We need to crush liberal dominance where it’s most insidious, so we’ll direct resources to build talent and capital formation pipelines in the areas of news and entertainment, where leftwing extremism is most evident,” Leo told the Financial Times. “Expect us to increase support for organisations that call out companies and financial institutions that bend to the woke mind virus spread by regulators and NGOs, so that they have to pay a price for putting extreme leftwing ideology ahead of consumers,” he said.

Leo has spent more than two decades at the influential Federalist Society, guiding conservative judges into the federal courts and the Supreme Court itself. In 2018, conservative justice Clarence Thomas joked that Leo was the third most important person in the world. Leo’s efforts culminated under Trump’s presidency, when three Federalist Society-backed judges were appointed to give conservatives on the Supreme Court a 6-3 supermajority, and profound influence over US law. The court has since then ruled to overturn the right to an abortion, among other long-sought rightwing causes. In 2020, after Trump lost the election, Leo stepped back from running the daily operations of the Federalist Society, while remaining its co-chair. The following year, Leo founded Marble, with a $1.6bn donation from electronic device manufacturing mogul Barre Seid, to be a counterweight to what he said was “dark money” of the left. He spent about $600mn in its first three years, according to public financial disclosures.

Leo said his goal was to find “very leveraged, impactful ways of reintroducing limited constitutional government and a civil society premised on freedom and personal responsibility and the virtues of western civilisation”. The $1bn money machine is now funding the conservative mission against private institutions, opposing diversity, equity and inclusion policies, climate and social concerns in investing and the “debanking” of politically conservative customers, in addition to taking on the public sector. The non-profit is increasingly interested in launching campaigns against “woke” banks and China-friendly companies involved in everything from food production to autonomous vehicles in the US and potentially Europe. Leo also intends to invest in a US local media company in the next 12 months, although he has not decided which, and is building conservative coalitions through groups such as Teneo Network, a club with chapters across the country. He also confirmed that Marble had since 2021 helped fund organisations that launched campaigns against companies with DEI, ESG and other initiatives, including BlackRock, Vanguard, American Airlines, Coca-Cola, State Farm, Major League Baseball and Ticketmaster.

The Financial Times interviewed right-wing dark money activist Leonard Leo, as he announced plans to launch a $1BN crusade to "‘crush" liberal America.

Leo has hinted that he’ll invest in an unnamed American media company within the next year.

[noovva]

Engin Akyürek as Ömer Demir / Kara Para Aşk 🩶

[wardsutton]

My new cartoon up at The Boston Globe now:

[eretzyisrael]

BY PARK MACDOUGALD

The “movement,” in turn, while it recruits from among students and other self-motivated radicals willing to put their bodies on the line, relies heavily on the funding of progressive donors and nonprofits connected to the upper reaches of the Democratic Party. Take the epicenter of the nationwide protest movement, Columbia University. According to reporting in the New York Post, the Columbia encampment was principally organized by three groups: Students for Justice in Palestine (SJP), Jewish Voice for Peace (JVP), and Within Our Lifetime (WOL). Let’s take each in turn.

JVP is, in essence, the “Jewish”-branch of the Boycott, Divestment and Sanctions movement, backed by the usual big-money progressive donors—including some, like the Rockefeller Brothers Fund, that were instrumental in selling Obama’s Iran Deal to the public. JVP and its affiliated political action arm, JVP Action, have received at least $650,000 from various branches of George Soros’ philanthropic empire since 2017, $441,510 from the Kaphan Foundation (founded by early Amazon employee Sheldon Kaphan), $340,000 from the Rockefeller Brothers Fund, and smaller amounts from progressive donors such as the Quitiplas Foundation, according to reporting from the New York Post and NGO Monitor, a pro-Israel research institute. JVP has also received nearly $1.5 million from various donor-advised funds—which allow wealthy clients to give anonymously through their financial institutions—run through the charitable giving arms of Fidelity Investments, Charles Schwab, Morgan Stanley, Vanguard, and TIAA, according to NGO Monitor’s review of those institutions’ tax documents.

SJP, by contrast, is an outgrowth of the Islamist networks dissolved during the U.S. government’s prosecution of the Holy Land Foundation (HLF) and related charities for fundraising for Hamas. SJP is a subsidiary of an organization called American Muslims for Palestine (AMP); SJP in fact has no “formal corporate structure of its own but operates as AMP’s campus brand,” according to a lawsuit filed last week against AJP Educational Fund, the parent nonprofit of AMP. Both AMP and SJP were founded by the same man, Hatem Bazian, a Palestinian academic who formerly fundraised for KindHearts, an Islamic charity dissolved in 2012 pursuant to a settlement with the U.S. Treasury, which froze the group’s assets for fundraising for Hamas (KindHearts did not admit wrongdoing in the settlement). And several of AMP’s senior leaders are former fundraisers for HLF and related charities, according to November congressional testimony from former U.S. Treasury official Jonathan Schanzer. An ongoing federal lawsuit by the family of David Boim, an American teenager killed in a Hamas terrorist attack in 1996, goes so far as to allege that AMP is a “disguised continuance” and “legal alter-ego” of the Islamic Association for Palestine, was founded with startup money from current Hamas official Musa Abu Marzook and dissolved alongside HLF. AMP has denied it is a continuation of IAP.

Today, however, National SJP is legally a “fiscal sponsorship” of another nonprofit: a White Plains, New York, 501(c)(3) called the WESPAC Foundation. A fiscal sponsorship is a legal arrangement in which a larger nonprofit “sponsors” a smaller group, essentially lending it the sponsor’s tax-exempt status and providing back-office support in exchange for fees and influence over the sponsorship’s operations. For legal and tax purposes, the sponsor and the sponsorship are the same entity, meaning that the sponsorship is relieved of the requirement to independently disclose its donors or file a Form 990 with the IRS. This makes fiscal sponsorships a “convenient way to mask links between donors and controversial causes,” according to the Capital Research Center. Donors, in other words, can effectively use nonprofits such as WESPAC to obscure their direct connections to controversial causes.

Something of the sort appears to be happening with WESPAC. Run by the market researcher Howard Horowitz, WESPAC reveals very little about its donors, although scattered reporting and public disclosures suggest that the group is used as a pass-through between larger institutions and pro-Palestinian radicals. Since 2006, for instance, WESPAC has received more than half a million in donations from the Elias Foundation, a family foundation run by the private equity investor James Mann and his wife. WESPAC has also received smaller amounts from Grassroots International (an “environmental” group heavily funded by Thousand Currents), the Sparkplug Foundation (a far-left group funded by the Wall Street fortune of Felice and Yoram Gelman), and the Bafrayung Fund, run by Rachel Gelman, an heir to the Levi Strauss fortune and the sister of Democratic Rep. Dan Goldman. (A self-described “abolitionist,” Gelman was featured in a 2020 New York Times feature on “The Rich Kids Who Want to Tear Down Capitalism.”) In 2022, WESPAC also received $97,000 from the Tides Foundation, the grant-making arm of the Tides Nexus.

WESPAC, however, is not merely the fiscal sponsor of the Hamas-linked SJP but also the fiscal sponsor of the third group involved in organizing the Columbia protests, Within Our Lifetime (WOL), formerly known as New York City SJP. Founded by the Palestinian American lawyer Nerdeen Kiswani, a former activist with the Hunter College and CUNY chapters of SJP, WOL has emerged over the past seven months as perhaps the most notorious antisemitic group in the country, and has been banned from Facebook and Instagram for glorifying Hamas. A full list of the group’s provocations would take thousands of words, but it has been the central organizing force in the series of “Flood”-themed protests in New York City since Oct. 7, including multiple bridge and highway blockades, a November riot at Grand Central Station, the vandalism of the New York Public Library, and protests at the Rockefeller Center Christmas-tree lighting. In addition to their confrontational tactics, WOL-led protests tend to have a few other hallmarks. These include eliminationist rhetoric directed at the Jewish state—such as Arabic chants of “strike, strike, Tel Aviv”; the prominent display of Hezbollah flags and other insignia of explicitly Islamist resistance; the presence of masked Arab street muscle; and the antisemitic intimidation of counterprotesters by said masked Arab street muscle.

WOL’s role appears to be that of shock troops, akin to the role played by black block militants on the anarchist side of the ledger. WOL is, however, connected to more seemingly “mainstream” elements of the anti-Israel movement. Abdullah Akl, a prominent WOL leader—indeed, the man leading the “strike Tel Aviv” chants in the video linked above—is also listed as a “field organizer” on the website of MPower Change, the “advocacy project” led by Linda Sarsour. MPower Change, in turn, is a fiscal sponsorship of NEO Philanthropy, another large progressive clearinghouse. NEO Philanthropy and its 501(c)(4) “sister,” NEO Philanthropy Action Fund, have received more than $37 million from Soros’ Open Society Foundations since 2021 alone, as well as substantial funding from the Rockefeller Brothers Fund, the Ford Foundation, and the Tides Foundation.

[mostlysignssomeportents]

Clarence Thomas and the generosity of a far-right dark-money billionaire

Clarence Thomas has set some important precedents in his career as a Supreme Court justice — for example, the elevation of the unrepentant rapist Brett Kavanaugh to the bench could never have occurred but for the trail blazed by Thomas as a sexually harassing, pubic-hair distributing creep boss:

https://www.politico.com/news/magazine/2021/10/01/30-years-after-her-testimony-anita-hill-still-wants-something-from-joe-biden-514884

If you’d like an essay-formatted version of this post to read or share, here’s a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/04/06/clarence-thomas/#harlan-crow

Today, Thomas continues to steer the court into new territory — for example, he’s interested in banning same-sex marriage again:

https://www.politico.com/news/2022/06/24/thomas-constitutional-rights-00042256

And of course, he’s set precedent by hearing cases related to the attempted overthrow of the US government, despite the role his wife played in the affair:

https://www.npr.org/2022/03/30/1089595933/legal-ethics-experts-agree-justice-thomas-must-recuse-in-insurrection-cases

Thomas is not alone in furthering the right’s mission to destroy the morale of constitutional law scholars by systematically delegitimizing the court and showing it to be a vehicle for partisan politics and dark money policy laundering, but he is certainly at the vanguard:

https://pluralistic.net/2023/03/25/consequentialism/#dotards-in-robes

Today, Propublica published an expose on the vast fortune in secret gifts bestowed upon Thomas by the billionare GOP megadonor Harlan Crow, who is also one the most significant funders of political campaigns that put business before Thomas and the Supreme Court:

https://www.propublica.org/article/clarence-thomas-scotus-undisclosed-luxury-travel-gifts-crow

The story, reported by Joshua Kaplan, Justin Elliott and Alex Mierjeski is a masterwork of shoe-leather investigative journalism, drawing on aviation records, social media posts and other “open source” intelligence to expose the illegal, off-the-books “gifts” from a billionaire to an unaccountable Supreme Court justice with a lifetime appointment.

Here are a two of those gifts: a private jet/superyacht jaunt around Indonesia valued at $500,000; and a $500,000 gift to Ginni Thomas’s Tea Party group (which pays Ginni Thomas $120,000/year).

On top of that are gifts that are literally priceless: decades’ worth of summer vacations at Camp Topridge, Crow’s private estate, with its waterfall, great hall, private chefs, 25 fireplaces, thee boathouses, clay tennis court, batting range, 1950s-style soda fountain and full-scale reproduction of Hagrid’s hut.

Summer retreats to Topridge allow business leaders like Leonard Leo — the Federalist Society bankroller and mastermind who set Trump up to pack the Supreme Court — to coordinate in private with Thomas:

https://pluralistic.net/2020/09/29/betcha-cant-eat-just-one/#pwnage

They also allow top execs from PWC, Verizon and other corporations who may have business before the court to establish a warm, collegial relationship with a judge whose decisions can make billions for their employers. In its reporting, Propublica points out that Thomas got to hang out on Crow’s superyacht with Mark Paoletta, who was then general counsel for Trump’s OMB, and who has opposed any tightening of ethics rules for Supreme Court judges: “there is nothing wrong with ethics or recusals at the Supreme Court.”

Crow and Thomas also hobnob together at Crow’s Texas ranch, and at the Bohemian Grove, the Bay Area’s ultra-luxe retreat for rich creeps. Crow bought Thomas a private superyacht cruise through New Zealand, another through the Greek islands, and a river trip around Savannah, GA. He also traveled around the country on Crow’s private jet — even a short private jet trip is valued around $70,000.

Crow also makes many donations on Thomas’s behalf, from a $105,000 donation to Yale Law School for the “Justice Thomas Portrait Fund” to paying for a 7 foot tall, 1,800 lb bronze statue of the nun who taught Thomas in the eighth grade, which now stands in a New York Catholic cemetery.

This is without precedent. No Supreme Court justice in US history received comparable gifts during their tenure on the bench. Federal judges quoted in the story call it “incomprehensible,” noting that US judges bend over backwards not to owe anyone any favors, going so far as to book restaurant reservations without using their titles.

Virginia Canter, a former US government ethics lawyer of bipartisan experience said Thomas “seems to have completely disregarded his higher ethical obligations,” adding “it makes my heart sink.”

The Supreme Court’s own code of ethics prohibits justices from engaging in conduct that gives rise to the “appearance of impropriety,” but the code is “consultative,” and there are no penalties for violating it. But US judicial officers — including Thomas — are legally required to disclose things like private jet trips. Thomas did not. In general, justices must report any gift valued at more than $415, where a gift is “anything of value.” This includes instances in which a gift is given by a corporation whose owner is the true giver.

Crow is a Red Scare-haunted plutocrat who says his greatest fear is “Marxism.” He was a key donor to the anti-tax extremists at the Club For Growth, and has served on the board of the American Enterprise Institute — climate deniers who also claimed that smoking didn’t cause cancer — for 25 years.

Crow is a proud dark-money source, too, whose $10m in acknowledged donations to Republican causes and candidates are only the tip of the iceberg, next to the dark money he has provided to groups he declines to name, telling the New York Times, “I don’t disclose what I’m not required to disclose.”

Crow claims that the vast sums he’s lavished on Thomas — who, again, presides over the test cases that Crow is helping to put before him — are just “hospitality.” Crow called the private retreats with business leaders and top government officials “gatherings of friends,” and added that he was “unaware of any of our friends ever lobbying or seeking to influence Justice Thomas” while at his private estates or on his superyacht or private plane.

For his part, Thomas publicly maintains that he hates luxury. In a Crow-financed documentary about Thomas’s life, Thomas tells the camera, “I prefer the RV parks. I prefer the Walmart parking lots to the beaches and things like that. There’s something normal to me about it. I come from regular stock, and I prefer that — I prefer being around that.”

Judges often have to make determinations about conflicts of interest, and lawyers have an entire practice devoted to preventing conflicts from arising. I doubt whether Thomas himself would consent to have a dispute of his own tried in front of a judge who had received millions in gifts from his opponent.

The Supreme Court’s power comes from its legitimacy. The project of delegitimizing the court started with the right, and Democrats have been loathe to participate in any activity that would worsen the court’s reputation. As a result, the business lobby and authoritarian politicians have had free rein to turn the court into a weapon for attacking American workers, American women, and LGBTQ people.

It doesn’t have to be this way. When the Supreme Court blocked all of FDR’s New Deal policies — which were wildly popular — FDR responded by proposing age limits for Supreme Court judges. When the Supremes refused to contemplate this, FDR asked Congress for a law allowing him to appoint one new Supreme Court judge for every judge who should retire but wouldn’t.

As the vote on this bill grew nearer, the Supremes reversed themselves, voting to uphold the policies they’d struck down in their previous session. They knew that their legitimacy was all they had, and when a brave president stood up to their bullying, they caved.

https://theconversation.com/packing-the-court-amid-national-crises-lincoln-and-his-republicans-remade-the-supreme-court-to-fit-their-agenda-147139

The Supreme Court has moved America further away from the ideals of pluralistic democracy than we can even fathom, and they’re just getting started. They are taking a wrecking ball to the lives of anyone who isn’t a wealthy conservative, and they’re doing it while accepting a fortune in bribes from American oligarchs.

Have you ever wanted to say thank you for these posts? Here’s how you can: I’m kickstarting the audiobook for my next novel, a post-cyberpunk anti-finance finance thriller about Silicon Valley scams called Red Team Blues. Amazon’s Audible refuses to carry my audiobooks because they’re DRM free, but crowdfunding makes them possible.

Image: Mr. Kjetil Ree (modified) https://commons.wikimedia.org/wiki/File:US_Supreme_Court.JPG

CC BY-SA 3.0 https://creativecommons.org/licenses/by-sa/3.0/deed.en

[Image ID: An altered image of Clarence Thomas, standing in gilded judicial robes on the steps of the Supreme Court. Looming over the court is a line-drawing of a business-man with a dollar-sign-emblazoned money-bag for a head.]

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