Washington Republicans in Legal Quagmire

October 6, 2008

The plot thickens. Last week I discussed the Public Disclosure Commission’s decision that the Washington State Republican Party was illegally financing attack ads against Christine Gregoire. The P.I. last week reported that there was evidence that Dino Rossi was complicit in this endeavor. The finding about the Republican Party was handed by the Public Disclosure Commission to the Republican State Attorney General for enforcement procedures. At the end of the week nothing had been done, at least as far a I could tell.

I also reported earlier last month that the Attorney General had refused requests that he recuse himself, and had filed a lawsuit against B.I.A.W., the notorious Republican attack machine, for violating campaign financing laws. I provided a copy of the Attorney General’s complaint which by its terms would not even require a hearing until long after the election.

Apparently a couple of citizens had had enough of political games involving illegal campaign practices. These two citizens happened to be retired state Supreme Court justices, Utter and Ireland. They filed a lawsuit against the B.I.A.W. that required immediate action instead of waiting until after the election.

The lawsuit calls for an immediate temporary restraining order prohibiting B.I.A.W. from further campaign activity and mandates court hearings in a couple of weeks. The complaint alleges that, counting all the illegal campaign funds, the B.I.A.W. has already exceeded lawful financing limits.

The lawsuit filed today is an extraordinary move, apparently necessitated by the Attorney General’s refusal to take any immediate action. The suit is actually filed by citizens on the Attorney General’s behalf, something that is rarely done and ordinarily would not be done unless the Attorney General refused to, or could not, perform a duty of his office, i.e. the enforcement of campaign financing laws.

But the story does not end there. Today the Attorney General announced that on Friday he had sued the Republican Party for campaign violations. The complaint, which was rather brief, by its terms sought no pre-election relief with the trial set in 2010.

This whole series of events reflects poorly on the Attorney General’s Office and if it turns out that the citizen suit is meritorious, the Attorney General’s Office will look very bad indeed. The fact of the suit suggests a lack of confidence in Republican Rob McKenna’s nonpartisanship.

Advertisements

BIAW: the Voice of Deregulation and the Housing Industry

September 17, 2008

It was reported that nationally new home starts in August were at a 17 1/2 year low. The housing industry sector of the economy is in its worst slump since the Great Depression. By absolutely every credible account this is due to a failure of regulation in the financial industry, the same cause as the Great Depression.

Just as the new breed of Republicans wants to roll back the social safety nets of the New Deal, they also want to unfetter all of industry from regulation. This is why Bush appointed deregulation champions and incompetents to head federal agencies. Having failed to learn from the past we were doomed to repeat it. Once again the failure of regulation has led to economic crisis.

The loudest and most ardent — if not the rational — voice for deregulation in Washington is the Republican attack dog BIAW, which constantly shrieks about getting the government off its back. The BIAW complains bitterly about environmentalists who are likened to Nazis. Officials of local governments, who enforce building codes fare no better in their eyes. Evidence of the benefits to society from growth planning, safety standards and environmental regulation are dismissed as the toxic propaganda of evil doers.

The strength of this ideological fervor is such that it overrides even concern for the interests of the BIAW’s constituency, the building industry in Washington. It is the absence of meaningful regulation — a condition insisted upon by the BIAW and the Republican Party — that created the disastrous economic conditions that are ruining so many construction-related businesses in Washington.

Time and again we learn that unchecked greed is not a functional foundation for an enduring society. Certainly there can be over-regulation but that is not a justification for the utter abandonment of regulatory constraints on society-threatening institutional avarice.

Our society in its blind fervor to reduce government to a military subsidization function, has failed over the last several years in two respects relevant to this topic: First, our tax money, instead of being used for generally recognized governmental purposes is being used to subsidize huge corporations, the profit going to investors and executives, and losses to the government; Second, under slogans promoting self reliance we have repeatedly in the last several years spectacularly depleted retirement funds and the savings of individuals, undermining the end sought to be achieved.


Illegal Money for Republicans in Washington

September 17, 2008

Dino Rossi’s (the Washington Republican candidate for governor)  attack dog the B.I.A.W. suffered a setback at the hands of the Washington’s Public Disclosure Commission. According to reports B.I.A.W.’s cash machine, BIAW Member Services, illegally funneled $500,000 into attacks on Gregoire.

The P.I.’s report has the growling, barking, sputtering, red-faced, dissembling response of the BIAW spokesman. Read the response carefully. There is absolutely no intelligible explanation for the event in question, just knee jerk conspiracy rantings and ravings. These guys are dangerous in that rationality is just not in their frame of reference.

The most interesting step comes next: the matter is referred to Rob McKenna, the Attorney General, and beneficiary of this groups slobbering assaults on decency. Mr. McKenna is to decide whether the State will proceed against the BIAW subsidiary. Talk about being asked to bite the paw that feeds you.


Environmentalism and the Nazis

June 22, 2008

In the 1950’s communists were said to be infiltrating the government and the entertainment industry, as well as operating under several fronts. The McCarthy era ended when the demagoguery was challenged and the true charlatans were identified. While it lasted, though, it was a ticket to political prominence.

In the last few years some people have taken to identifying environmentalists as Nazis. This is actually done on national television and similar venues; we have almost grown to expect it in political campaigns. Such fear and hate mongering seems to be efficacious. You would think that it would backfire, but there must be more people swayed by it than repulsed.

On national media in 2006 Al Gore was compared to Nazi propagandist Goebbels and to Hitler for his success in publicising global warming. (It is a bit ironic that the people who diminish the Holocaust in this way tend to be Israel’s most zealous supporters.) On CNN Senator Inhofe actually described Gore’s testimony to the Senate Committee on the Environment and Public Utilities in that manner with the concurrence of Glenn Beck, the host.

In 2007 Fox News Radio continued the Gore/Hitler diatribe. CNN continued to transmit unbelievable comparisons to Hitler and Nazis. Glenn Beck recently said that Gore’s global warming campaign is like Hitler’s use of eugenics to justify exterminating 6 million European Jews.

With the new report on global warming just out, a report subscribed to about a dozen scientific groups associated with our government, doesn’t this treatment of science remind you of earlier, more primitive, periods of history?  Imagine: A world wide scientific conspiracy.  Really?

The hate and fear mongering diatribes are uniformly nothing more than name calling. There is no real rebuttal. Scientists picked “An Inconvenient Truth” apart pretty thoroughly finding some questionable facts and theatrics that suggested an unsupported conclusion. A UK judge found nine factual errors in the film.

But scientists and the British judiciary (one member anyway) agree that the film is rooted in good science and its overall message is supported by sound scientific theory and belief. This was known in 2007 and then Gore got a Nobel Peace Prize along with a U.N. panel of scientists investigating global warming. This, if anything, seemed to fan the flames of hate mongers.

This very odd discourse about environmentalism is probably the progeny of a pseudo-intellectual eddy in revisionist history. People are actually positing that environmentalism is a Nazi program, sort of like “Boys from Brazil.” This theory has been debunked by legitimate historians and even the people who are credited with originating this view disclaim any association with it.

A couple of years ago Jonah Goldberg’s book “Liberal Fascism: The Secret History of the American Left, From Mussolini to the Politics of Meaning” appeared. This book seemed to revitalize the “environmentalism is fascism” diatribe, although Goldberg claimed to have written nothing that was intended to suggest such a thing. The book sold well to mixed reviews. It was celebrated by conservative reviewers and panned by others.

The book’s thesis, behind all the pseudo-intellectual blather, is essentially Libertarian: Fascism means governmental regulation and liberalism means governmental regulation; therefore liberalism is fascist. Environmentalists want governmental regulation therefore they are fascists too. For proof just look at Nazi Germany where environmentalism was born. Nazis called themselves the national socialist party therefore socialists are fascists. Socialists are liberals. Very simple-minded stuff hiding in a lot of jargon.

This silly word parsing though unhinges people like those at the Building Industry Association of Washington who have made a habit of labeling anyone opposing their views as Nazis. In March their newsletter, in addition to more conventional name calling, called the Washington State Department of Ecology Nazis and lumped all environmentalists under that moniker.

This set off a local firestorm culminating in and Anti Defamation League demand for a retraction or apology. The B.I.A.W. of course refuses claiming the article (written by its storm drain columnist) is academically grounded. The B.I.A.W. is widely regarded as the Washington State Republican Party’s attack dog and neither the party nor any of its candidates has attempted to separate from this absurd propaganda machine.


Washington’s Political Attack Machine

June 19, 2008

The Building Industry Association of Washington has said that it will not focus attention on the judicial race this fall, preferring to funnel its money into the governor’s race. The B.I.A.W.’s participation in the last judicial election caused it to be the most undignified and misleading judicial campaign in memory.

The B.I.A.W.’s support of Republican Rossi in the gubernatorial race promises to make this campaign the sleaziest governor’s race we’ve seen. (More than a trade organization, the B.I.A.W. is the Republican Party’s “hatchet man.”)This approach was announced in the B.I.A.W.’s newsletter which called Gregoire “a heartless, power-hungry she-wolf who would eat her own young to get ahead.” Rarely does a person have a chance to read such hysterical hate mongering as the article that appeared in the newsletter.

A good account of the B.I.A.W.’s contribution to the campaign appeared in Joel Connelly’s column on June 10.

The State Democratic Party has asked Rossi to denounce the B.I.A.W, as an attack machine. With the Times, P.I. and News Tribune all having called attention to the unwelcome tactics of the B.I.A.W., Rossi’s partnership with this organization could backfire.

It is hard to believe that such a vicious political machine can thrive here is Washington. Not only is it a dominant force in elections but it seems to have the state legislature and Democratic Speaker of the House, Frank Chopp, under its control.


The B.I.A.W. and the Coming Judicial Election

April 2, 2008
For the last several years the Building Industry Association of Washington has probably been the most powerful lobby in Washington. This was reported in November 2003 by this newspaper and it remains true today. The Seattle P.I. which seems to be keeping tabs on this group, noted Monday that B.I.A.W.’s March newsletter contains a venomous, hate-filled diatribe against ecology minded people, apparently linking them all together with eco-terrorists and a viscous attack against the governor. There is a link to newsletter in the P.I. editorial.I will write quite a bit about this later but for now I want to call attention to a couple of things that I will later describe more fully. The B.I.A.W is extremely political and closely, but not directly, aligned with the Republican Party. For example the number one agenda item for B.I.A.W. this year is the election of Dino Rossi. The second most important item is the judicial election of three State Supreme Court members. The B.I.A.W. is looking particularly closely at the seat occupied by Justice Mary Fairhurst. It said that the two issues that it is considering in connection with this election are property rights and public disclosure.Public disclosure? I had been unaware of any interest by B.I.A.W. in public disclosure law. The B.I.A.W was hugely involved with the legislature and public disclosure law was nowhere on its list of topics. It did not publicly advocate for to the legislature for changes in the public disclosure law, where ordinarily these changes would be made. After thinking about this a while, I have a theory: to some degree this “issue” might be staged.In late December last year the Court published an opinion called Soter v. Cowles Publishing Company. The case received publicity, particularly on the East side of the state. It involved the routine matter of interpreting the Public Disclosure Act and the scope of a well recognized legal privilege. The case was brought by the Spokane-Review to try to force a school district to divulge privileged papers relating to a wrongful death lawsuit that had been settled. The Court’s holding said in essence that if newspapers wanted this right they would have to go to the legislature to get the law changed, an apparently conservative holding.

Charles Johnson is a highly respected jurist, generally regarded as one of the conservative justices on the Court and he is running for re-election as well. He wrote a strident sounding dissent in Soter and according to the Olympian actually issued a press release about his dissent at the time that he announced that he was running for reelection. (Justice Fairhurst voted with the majority in the opinion and appears not to have issued a press release.)

Justice Charles Johnson is likely to be supported by the B.I.A.W. because of his conservatism. Justice Fairhurst is likely to be targeted. She wrote the dissent in Anderson v. King County, arguing that it was unconstitutional to withhold the right to marriage from gays. As you recall this was a 5 to 4 decision with Justice Johnson voting with the narrow majority.

I do not see how the interpretation of the public disclosure law is a legitimate judicial campaign issue, as the law was made by the legislature, but if the B.I.A.W. pursues this, it does serve a number of interests. Putting aside the oddity of conservatives arguing that the courts ought to be expanding the scope of legislation, this would put them on the side of the media, a highly desired ally. While I am not aware of any doctrinal chasm between Justices Fairhurst and Johnson on this matter of legislative interpretation, the Soter case could be spun to make them appear to be on opposite sides of an important issue, so the B.I.A.W. could at once bolster Justice Johnson’s candidacy while attacking Justice Fairhurst. This sounds like it might be a politically adept move, but I still need to find out how this issue is anything but a red herring, mere manipulation to try to get a political result. If the B.I.A.W pursues this, I guess I will find out.