Commentary Magazine


Topic: campaign finance

IRS Defenders Are Still Relying on Debunked Claims

One of the strangest and weakest defenses of the IRS’s campaign targeting conservative and pro-Israel nonprofit applicants was that the blatant violation of the constitutional rights of Americans who disagreed with President Obama was the natural reaction of the poor, overworked bureaucrat. We were told that conservatives “swamped” the IRS with nonprofit applications after the Supreme Court’s 2010 Citizens United decision struck down some restrictions on political speech.

This excuse never made much sense, and it certainly didn’t justify what happened: President Obama publicly slammed conservative nonprofits as shady and possibly foreign-funded and complained they had patriotic-sounding names to hide their nefarious purposes; he encouraged extra scrutiny of these groups; Democrats in the Senate then pushed the IRS to target the kinds of groups the president warned about; the IRS did so. Blaming conservatives for applying to participate in the nonprofit sector and thus forcing the IRS to harass and silence them is just as nonsensical as it sounds. But what about the underlying point: were those poor IRS officials flooded with conservative applicants? No, as the Atlantic’s Garance Franke-Ruta points out:

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It Takes More Than a Mega-Donor to Win the White House

Those hoping that the seemingly endless 2012 presidential campaign would lead to a shorter run-up to the 2016 contest are out of luck. As Politico reports, not only is there no shortage of aspirants for what will be two open nominations but the hopefuls are already making a beeline to major donors hoping to line up support for a race that may be four years away but seems to have already started. According to their story, a gaggle of ambitious Republican governors who attended the Republican Governors Association meeting in Las Vegas last month managed to take time from their busy schedules to meet with casino mogul Sheldon Adelson in hope of winning his heart and the sort of financial support that could make them viable presidential candidates.

Among those lining up to see the philanthropist/mega donor were Bobby Jindal of Louisiana, Bob McDonnell of Virginia and John Kasich of Ohio. All three appear to be testing the presidential waters. The story also noted that Rick Perry and Rick Santorum, who both fell short in their 2012 runs, are also keeping close to their big donors in hopes of keeping their options open for another try.

It is true that a viable candidacy requires funding, and the ability to raise money — either from a host of small donors or a few big ones — is an essential skill for any would-be president. But anyone thinking that a nod from Adelson or Santorum’s backer Foster Friess or any of the Texas businessmen that backed Perry is tantamount to a key to the presidency wasn’t paying attention last year. Money gives a candidate a chance, and large donations like those that Newt Gingrich received from Adelson a year ago kept him in the race longer than he might otherwise have lasted. But the lesson of 2012 is that no single donor or even group of large donors or their super PACs can win elections by themselves. Which is why the attention given large contributors may be somewhat misleading.

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2012 Debunked Campaign Finance Fallacies

Since the landmark Citizens United decision issued by the Supreme Court in 2010, liberals have been claiming that the ruling would more or less end democracy as we know it. Their fear-mongering on the issue was based on the assumption that freeing up the ability of individuals, groups and businesses to fund political speech would guarantee that money would decide all future elections. That conclusion was patent nonsense. Neither political party has an inherent advantage in raising money, since both have large affluent bases from which to draw funds. But even more important is the fact that while money is essential to giving a candidate a chance, it is by no means a decisive factor in determining the outcome.

These two facts were proved true again this past Tuesday. It is true that Mitt Romney’s defeat was a blow to the big Republican donors who contributed vast sums to help his cause. But as much as the New York Times was able to crow in an editorial published yesterday that the outcome was “A Landslide Loss for Big Money” by which they meant big Republican money, it can just as easily be represented as a win for the big liberal money raised by the Democrats. While the cacophony of competing claims made possible by the approximately $1 billion spent by both parties wasn’t the most edifying spectacle, it did give each ample opportunity to make their cases to the voters. There is nothing corrupt about the free flow of political speech, even in an election as nasty as the one that has just concluded. All that Citizens United did was to make it possible for the competitors’ voices to be heard. That is the essence of democracy and why calls for more efforts to restrict free speech via new, and undoubtedly unconstitutional, campaign finance laws (such as those advocated by the Times) should be ignored.

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Is Socialism a Swing State Issue?

One of the most incredible ads so far this election season was produced and paid for not by a candidate, Super PAC, or party, but instead by a private citizen. Thomas Peterffy, a Hungarian-born businessman who made his fortune in online trading, has begun airing a 60-second ad that will be broadcast on major networks (CNN, CNBC and Bloomberg) in the swing states of Ohio, Wisconsin and possibly Florida, he told the Washington Examiner. Petterffy, who has a net-worth of over $4.6 billion according to Forbes, intends to spend between $5-10 million on the ads.

Peterffy’s ad is powerful in its simplicity. He speaks directly to the camera and recounts the story of his childhood in socialist Hungary, using images of himself and the poverty-stricken European nation. Peterffy, a member of the Forbes 400 list and Forbes’s list of billionaires, describes the importance of hard work and the value of respecting success. Interspersed with messages about the dangers of socialism are recent photos of the Occupy Wall Street movement’s protests. While the ad never addresses Obama’s early supportive statements regarding OWS, Americans need to look no further than statements made during the last two debates to understand that the Obama White House values “fairness” over success. Peterffy concludes his ad by stating, “That is why I am voting Republican and putting this ad on television.”

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Soros Flip-Flops on Super PACs

After insisting that he wouldn’t violate his principles by contributing to super PACs, billionaire left-wing donor George Soros has reportedly caved, and gave over $1 million to Democrat-supporting groups:

Billionaire financier George Soros has given $1 million to the primary super PAC helping President Obama.

The funding is a boost to Priorities USA Action in the final weeks of the campaign.  …

Soros is also giving $500,000 each to two congressional super PACs, one aimed at protecting the Democratic majority in the Senate and the other dedicated to winning control in the House.

Soros and other Democratic donors are betraying their principles, though I’m sure they make excuses for their hypocrisy. For example, many Americans believe bribery is unethical and is rightfully illegal, but if they suddenly found themselves stuck in a country where bribery was a fact of life, they might grit their teeth and cave. I imagine that’s similar to the way people like Soros justify violating their principles on super PACs — they’re doing this because they feel it’s necessary to compete with Republicans, and maybe even comfort themselves with the thought that Obama will work to put an end to the practice in a second term. (Though that’s not to suggest that super PACs are akin to bribery, which is a common argument on the left. As I’ve written in the past, the Citizens United decision was a matter of free speech).

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Focus on the Candidate, Not the Spending

After a week in which Mitt Romney allowed himself to become a mainstream media piñata, the Republican’s campaign is in the unenviable position of having to calm the frayed nerves of supporters who feel that a few days of bad polling numbers mean that all is lost. There is good reason for Republicans to be concerned about the way the race has gone since the conventions, but with most of the national polls still within the margin of error, the instinct to panic is, at best, premature. Nevertheless, it is likely that a New York Times article that noted that the Romney campaign is being “tightfisted” with its campaign treasury and allowing itself to be outspent in key states is bound to raise some alarms in the GOP.

But if anyone thinks the problem with the Romney campaign is that they are as cheap as the candidate supposedly is in his private life, they are missing the point about recent events. One can debate the wisdom of the campaign’s decision-making process about ad buys. But as the now infamous 47 percent video indicated, the trouble with the Romney campaign is Romney, not its pace of spending.

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The Campaign to Demonize Adelson

As I wrote earlier this week, given the depth of his political involvement on behalf of Republican candidates it’s hardly surprising to find that casino mogul Sheldon Adelson is in the crosshairs of the liberal media these days. Adelson’s billions are derived from vastly profitable — and entirely legal — gambling enterprises in Las Vegas and Macao, China but there is an ongoing effort to depict him as a shady character with whom politicians should not associate. The investigation about possible bribery of Chinese officials, which the New York Times spread over their front page on Tuesday, is a serious matter but the allegation remains more a matter of assumptions of misbehavior than any proof. But that has not stopped Democratic groups from trying to brand Adelson as toxic or even repeating other outrageous and palpably false charges about him for which some have been forced to apologize. Now the Times has escalated the campaign with an editorial calling on Mitt Romney and Paul Ryan to distance themselves from Adelson and, no doubt, not take any of his campaign contributions.

The hypocrisy of the left’s assault on Adelson is so obvious it barely needs to be mentioned. Adelson is not nearly as shady a character as left-wing financier George Soros, whose activities have included international currency manipulation that sent some countries over the edge in the past. No one questioned whether it was wise for John Kerry to accept Soros’s money in 2004 as part of the billionaire’s crusade to defeat George W. Bush. Nor did anyone question his contributions to the Democrats’ successful get out the vote campaign in 2008. The Times did not speculate then whether Soros’s real agenda involved his business interests, as they do now about Adelson. Instead, they took him at his word that his commitment was ideological. The only real difference between the two is that Soros backs left-wing politicians and causes while Adelson has dedicated his financial resources to supporting Israel and conservatives.

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McConnell Defends Record Consistency

Senate Minority Leader Mitch McConnell has a defiant message for liberal critics who’ve been blasting his stance on political spending and free speech: “They can [attack me] as long as they want to,” the senator told me in an interview this morning. “It actually makes my day.”

Since McConnell’s impassioned defense of the First Amendment at the American Enterprise Institute last Friday, liberal pundits and reporters have jumped on supposed inconsistencies in his record, dredged up 25-year-old statements, and accused him of selling out to various corporate interests.

One popular argument that’s made the rounds–from Norm Ornstein’s columns to Democratic Rep. Van Hollen’s talking points–is that McConnell was in favor of donor disclosure before he was against it. McConnell’s critics cite his 2010 interview with NBC’s Tim Russert, in which the senator said the following:

“We need to have real disclosure. And so what we ought to do is broaden the disclosure to include at least labor unions and tax-exempt business associations and trial lawyers so that you include the major political players in America. Why would a little disclosure be better than a lot of disclosure?”

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McCain’s Cheap Shot at Adelson

It is perhaps to be expected that Sen. John McCain would still be whining about the way the Supreme Court’s Citizens United 2010 decision effectively neutered the campaign finance law he co-authored with Wisconsin liberal Democrat Russ Feingold. McCain is still claiming the decision made politics more corrupt, but he is deaf, dumb and blind about the way his legislation restricted free speech, added further complications to an already byzantine system and drove campaign cash further underground. But while there is nothing remarkable about McCain beating his favorite dead horse, his latest comments cross the line between fair comment and slander.

In an interview with the PBS Newshour program, McCain didn’t just assert that Citizens United is aiding corruption but that the contributions made by Mitt Romney’s leading donor may be the product of “foreign” — and therefore by definition illegal — money. The reference to billionaire Sheldon Adelson — whose billions come in part from casinos in Macao — was a cheap shot, especially as it came directly after McCain predicted  there would be “scandals” that would come out of Citizens United. McCain knows very well there is nothing illegal or underhanded about Adelson’s money or his willingness to spend it to promote the causes and candidates he supports. The scandal here isn’t the fact that a billionaire is making money overseas and spending it at home on political speech; it is the willingness of the political class to restrict the right of Americans to have a voice in the political system.

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Romney Erasing Obama’s Cash Advantage

One of the biggest problems for the Republicans this year has been the perceived huge fundraising edge President Obama is supposed to enjoy. Though Democratic predictions that forecast the president’s re-election campaign raising a billion dollars may have been a vain boast, there’s little question the record-breaking amounts Obama raised in 2008 will be exceeded in 2012 with all the advantages of incumbency now on his side. By contrast, all of the president’s potential Republican opponents raised but piddling amounts when compared to the president’s efforts. But that was bound to change once the Republican nomination was decided. The fundraising reports from April — the month Mitt Romney wrapped up the GOP contest–proves this.

Romney’s campaign is set to announce today that along with the Republican National Committee, the GOP effort raised $40.1 million in April. That’s not too far below the $43.6 million President Obama’s campaign and the Democratic National Committee took in for the same month. This reflects not only a clear surge in donations for Romney but also an evening up of the imbalance in campaign cash that had been assumed to be the case this year. And with independent groups on both sides of the aisle free to spend on the campaign, this should make not only for a wild and woolly six months until November but a contest in which both sides will have ample resources to make their case to the people.

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Obama’s Super PAC Problems

President Obama has a huge lead on Mitt Romney when it comes to campaign fundraising, but that margin shrinks significantly when Super PACs are added into the pictures. Pro-Romney Super PACs have been raising cash steadily, but the pro-Obama Priorities USA group has had trouble bringing in donors, Bloomberg reports:

Through March, only 12 of Obama’s 532 top fundraisers had donated to Priorities USA Action, a super political action committee created to support his re-election. Priorities has only raised about $9 million compared to a combined $80 million brought in by the two main super-PACs dedicated to defeating Obama: American Crossroads, formed by Karl Rove, and Restore Our Future, a group backing presumptive Republican presidential nominee Mitt Romney.

The leaders of Priorities have asked former President Bill Clinton to tap the pool of donors who helped fund his campaign and Hillary Clinton’s White House run. Yet Priorities lacks on its donor list most of the core group of Chicagoans who backed Obama’s presidential ambitions four years ago.

One government professor quoted in the story speculated that Democrats are wary about giving money to Priorities USA because they feel that negative advertising is unseemly. That’s absurd. Democrats are just as ruthless when it comes to negative ads as Republicans are. But there are other political reasons these Democrats might be hesitant about donating to Super PACs. Liberals almost universally condemn the Citizens United ruling. People give to politicians in part because it makes them feel good, like they’re behind a worthy cause. But many liberals would probably feel like hypocrites – like they’re betraying their ideals – if they give through a fundraising channel they’ve claimed is corrupting politics.

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How Much Has Romney Outspent Santorum?

Rick Santorum played up his victories last night by pointing out that Mitt Romney has significantly outspent him throughout the race. “People have said, you know, you’re being outspent, and everybody’s talking about all the math and all the things – that this race is inevitable,” Santorum told his supporters. “Well for somebody who thinks this race is inevitable, [Romney’s] spent a whole lot of money against me for being inevitable.”

This is an attack line that Santorum’s likely to hammer in repeatedly in the run-up to the Illinois primary, especially since Romney and his allies are already shelling out enough money to flood the Illinois air waves with ads for the next week. Santorum, who has been trailing significantly in the fundraising department, has been blasting out emails asking for contributions so it can keep up with Romney today.

But while it’s true that Romney has outspent Santorum by a 10-1 margin, BuzzFeed reports that the disparity shrinks when you consider spending-per-delegate:

Romney is, however, getting his money’s worth: Measured by spending-per-delegate, the measure that matters, he’s running a more efficient campaign than one of his Republican rivals, Ron Paul, and a campaign that’s roughly equivalent to Newt Gingrich’s. Santorum, meanwhile, is running a more efficient campaign, but not by the order of magnitude the raw numbers suggest. Romney’s campaign has only spent about twice as much, per delegate, than Santorum; that figure increases to about three times as much if you include the SuperPACS — but nothing like the ten-to-one margin that emerges from the overall spending comparison.

There are also other gains that are more difficult to measure, i.e. the fact that some the primaries carry more weight than others regardless of the number of delegates they have. Romney has picked up more of the states that are considered “must-wins” than Santorum has, and hence those victories are more valuable.

How Big is Romney’s Money Advantage?

A few minutes ago, CNN showed a graphic of how much the two leading contenders spent on television ads in Michigan. A rough breakdown shows that Mitt Romney spent $3.1 million to $2.1 million for Rick Santorum. A 3-2 edge is a clear advantage for Romney but nowhere near the big edge he had in Florida where he literally drowned Newt Gingrich in negative broadcast advertising. Of course, these figures don’t include the funds available for organizational needs or turnout, but it demonstrates that for all of the talk of Romney’s overwhelming advantage in fundraising, Santorum has demonstrated the capacity to raise enough money to compete.

This means we shouldn’t listen too much to Santorum’s complaints about Romney buying the election if he loses. At the same time, the assumption that Romney has the resources to overwhelm his opponents if the race proves to be a long, drawn-out slugfest may also be incorrect.

Caddell Isn’t Waiting for Election Day

Pat Caddell is one mad Democrat:

Veteran Democratic operative Pat Caddell is unloading on the White House, saying he’s had enough with the president whose “hypocrisy” on campaign finance “is just mind-blowing.” …

“My problem with Obama started the day he blew up public financing of presidential campaigns,” Caddell said in an interview with The Daily Caller. “He’s the man whose done the most to destroy whatever integrity there was in campaign financing.”

He’s none too enamored with the Chamber of Commerce gambit, either:

The administration’s attacks, Caddell said, on groups like the Chamber of Commerce and donors like the conservative Koch brothers reek of McCarthyism. “I was the youngest person on Richard Nixon’s enemies list. I take this stuff seriously. What they’re doing is Nixonian – it’s McCarthyite,” he said.

Caddell, who has worked for a number of presidential campaigns, including Joe Biden’s in 1988, said making outside money an election issue is a risky strategy for the Democrats. “You’re 21 days out from an election and this is what you’ve got? That’s it? Nothing about jobs or the economy?”

Yeah, that’s all they’ve got. Caddell’s assessment of the Obama staff is accurate as far as it goes:

These are naive idiots who’ve come out of academia and have never done anything real in their lives, and they are actually in power,” he said. “These are the people we never let in the room when we had serious business to do. Now they’re running the country.”

Actually, the biggest problem is not the staff. The one who came out of academia and who had not done much that was “real” (other than write books about himself and get elected) before coming to the White House is Obama. That’s who has been leading the McCarthy-like attacks. That’s who’s got nothing to offer on the economy and jobs. Granted, Obama is surrounded by political hacks who lack real-world experience, but he put them there, and he’s shown himself to be sorely lacking in know-how and judgment when it comes to everything from the Middle East to “shovel-ready” jobs.

The Democrats’ finger-pointing and recriminations are only getting started. (Reminds me of the McCain campaign, which started blaming Sarah Palin before the election.) There will be plenty of blame to go around. But ultimately, Obama is head of his party as well as president. The upcoming electoral debacle will be his.

Another Strategy in the War on Free Speech

The war on free speech has taken an ominous turn. It was bad enough when campaign finance “reformers” were imploring the Congress and courts to stifle core political speech. But now they’ve adopted a new tactic:

Since the Supreme Court’s January decision in Citizens United v. FEC, Democrats in Congress have been trying to pass legislation to repeal the First Amendment for business, though not for unions. Having failed on that score, they’re now turning to legal and political threats. Funny how all of this outrage never surfaced when the likes of Peter Lewis of Progressive insurance and George Soros helped to make Democrats financially dominant in 2006 and 2008.

Chairman Max Baucus of the powerful Senate Finance Committee got the threats going last month when he asked Internal Revenue Service Commissioner Douglas Shulman to investigate if certain tax exempt 501(c) groups had violated the law by engaging in too much political campaign activity. Lest there be any confusion about his targets, the Montana Democrat flagged articles focused on GOP-leaning groups, including Americans for Job Security and American Crossroads.

Not since Richard Nixon has the IRS been employed to target political enemies. Where does the IRS commissioner stand on this? Is he going to take auditing directions from politicians seeking partisan advantage? It would be appropriate when Congress convenes in January for the new GOP chairmen to conduct some hearings and make sure the IRS isn’t going to allow itself to be used in this fashion. The surest way, however, to prevent that is for Democratic pols to cease using the tax authority to intimidate and attack their political opponents.

Flotsam and Jetsam

Quicker than we imagined: “By 47 to 45 percent, Americans say Obama is a better president than George W. Bush. But that two point margin is down from a 23 point advantage one year ago. ‘Democrats may want to think twice about bringing up former President George W. Bush’s name while campaigning this year,” says CNN Polling Director Keating Holland.’”

Sooner than either imagined: “Embattled Democrats are increasingly turning to former President Bill Clinton to prop up their campaigns in the final weeks before November’s midterm elections. The former president is far and away the biggest draw for the party less than a month out, hitting races in states where Democrats would rather President Obama stay away.”

A White House departure didn’t come fast enough for some. Peter Feaver: “The only thing surprising about Jim Jones’s departure is he survived this long.” His buffoonery was his defining characteristic.

About time that someone started debunking the president’s accusations about “foreign money.” The Gray Lady: “[A] closer examination shows that there is little evidence that what the [Chamber of Commerce] does in collecting overseas dues is improper or even unusual, according to both liberal and conservative election-law lawyers and campaign finance documents. In fact, the controversy over the Chamber of Commerce financing may say more about the Washington spin cycle — where an Internet blog posting can be quickly picked up by like-minded groups and become political fodder for the president himself — than it does about the vagaries of campaign finance.” Actually, it says more about the president’s penchant for telling untruths.

Belatedly, we learn that Jewish-American leaders had serious concerns all along about Obama’s Middle East policy. How brave of them to go public only when Obama’s political standing is in decline.

Democrats finally run out of patience with Jerry Brown and demand that he apologize for a campaign associate who called Meg Whitman a “whore.” Yes, there goes the Golden State. Again.

Much too late, Obama gets around to publicly calling for the release of Chinese dissident and now Nobel Peace Prize winner Liu Xiaobo.

No rush — the Arab League stalls, hoping the Obami might up the bribes incentives for Bibi to extend the settlement moratorium. “Arab countries will give the US one month to find a compromise which can save peace talks between Israel and the Palestinians after negotiations stalled over the issue of Israeli building in West Bank settlements, AFP reported a diplomat at the Arab League meeting in Libya as saying on Friday. The unnamed diplomat said that a resolution to be approved later Friday by the Arab League Follow-up Committee on the peace process calls for the US administration to be given ‘a one month chance to seek the resumption of negotiations, including a halt to settlement [building].’”

Suddenly, David Broder discovers Rob Portman: “Now 54 and a fitness fanatic, Portman has achieved his status by being smart, disciplined and a team player. Business people know he does his homework, and Democrats find him approachable. Except for [Mitch] Daniels, there are few Republicans who have delved as deeply into fiscal and budgetary policy, trade and health care as has Portman, who notably expanded the Office of Management and Budget’s focus on Medicare and Medicaid, even when Bush showed little interest in the issue.”

An overnight sensation: Wisconsin GOP Senate candidate Ron Johnson. “In this year of political surprises, Mr. Johnson inhabits a niche all his own. He emerged from the tea party without being fully of it. … Mr. Johnson says he employs 120 people at a single plant that makes specialized plastics. ‘I’m not some big corporation. I run the type of business [that] is the backbone of our economy, the engine of job creation.’ America’s prosperity stems from its ‘freedoms, the free market,’ Mr. Johnson says. ‘I think people get that.’”

Eventually, we come full circle. Bush administration critic Jack Goldsmith argues we shouldn’t have military tribunals or civil trials. Just lock ‘em up. Sounds good to me.

It took long enough. Jeffrey Goldberg confirms that Matthew Yglesias is an ignoramus when it comes to Israel.

Flotsam and Jetsam

Gen. Stanley McChrystal took the blame. But he isn’t the problem, says Jackson Diehl: “If anyone deserves blame for the latest airing of the administration’s internal feuds over Afghanistan, it is President Obama. For months Obama has tolerated deep divisions between his military and civilian aides over how to implement the counterinsurgency strategy he announced last December. The divide has made it practically impossible to fashion a coherent politico-military plan, led to frequent disputes over tactics and contributed to a sharp deterioration in the administration’s relations with Afghan President Hamid Karzai.”

It took Rolling Stone to make clear “just how badly Barack Obama’s ‘good war’ in Afghanistan is going.”

Obama took office in January 2009, yet voters think Hillary Clinton is more qualified to be president: “A new Rasmussen Reports national telephone survey shows that 57% of voters feel Clinton is qualified to be president, but 34% disagree and say she is not. As for President Obama, 51% say he is fit for the job. However, 44% say he is not qualified to be president, even though he has now served 17 months in the job.”

Gov. Bob McDonnell took a few hits early in his term but his approval stands at 63%, according to an internal poll.

The North Korean soccer team took a beating. (“After an embarrassing 7-0 drubbing by Portugal yesterday, will the North Korean soccer team have to face the wrath of Kim Jong Il?”) Maybe they should have hired Chinese players instead of Chinese fans.

Obama took it on the chin in court yesterday: “A federal judge in New Orleans halted President Obama’s deepwater drilling moratorium on Tuesday, saying the government never justified the ban and appeared to mislead the public in the wake of the Gulf of Mexico oil spill. Judge Martin L.C. Feldman issued an injunction, saying that the moratorium will hurt drilling-rig operators and suppliers and that the government has not proved an outright ban is needed, rather than a more limited moratorium. He also said the Interior Department also misstated the opinion of the experts it consulted. Those experts from the National Academy of Engineering have said they don’t support the blanket ban.”

It took the NRA to put a bullet through the heart of campaign finance “reform”: “Rep. Mike Castle (Del.), one of just two Republican sponsors of a sweeping campaign finance bill, is so upset about late changes to the measure he is considering withdrawing his support and voting against it. ‘He’s absolutely opposed to the [NRA] exemption,’ Castle spokeswoman Kate Dickens told The Hill. ‘The exemptions are getting bigger and bigger. I don’t think they are even done yet.’”

It took Obama to put Russ Feingold’s seat at risk. “Incumbent Democrat Russ Feingold is still in a virtual dead heat with endorsed Republican challenger Ron Johnson in Wisconsin’s U.S. Senate race.”

Campaign Finance Reform? Just More Political Corruption

The effort by President Obama and congressional Democrats to sidestep the Supreme Court’s landmark free-speech ruling in the Citizens United v. Federal Election Commission case has sent these supposed advocates for clean elections down into the usual morass of special-interest legislation.

The Citizens United ruling overturned the McCain-Feingold federal restrictions, which prevented groups and corporations from exercising their right to comment on the behavior of our elected leaders. In this case, a so-called “reform” of campaign finance meant that incumbents had the right to silence their critics, such as in the instance that prompted the ruling, which concerned a film that was critical of Hillary Clinton and banned by the Federal Election Commission. The Court wisely saw this as a violation of the First Amendment.

Obama and the Democrats have engaged in nonstop demagoguery about this issue, which they pretend is about ensuring fairness but is actually about protecting politicians and the mainstream media from both scrutiny and competition. A measure proposed by Maryland’s Rep. Chris Van Hollen and New York’s Sen. Charles Schumer attempts to skirt the Court’s decision by adding new disclosure rulings, which will burden those attempting to speak out and is almost certainly unconstitutional. As the New York Times reports, they’ve now made it worse by granting specific exemptions to some groups but not to others. And in order to gain the votes of moderate Democrats, they’ve added the National Rifle Association to the ranks of those who will be excluded from the new regulations. That has now been changed to include all groups with 500,000 or more members. That may lead some Democrats to think they’ll escape being tarred as anti-gun in a year in which anti-incumbent fever is running high. But all this does is narrow down the government’s discrimination between speech that it likes — such as campaign expenditures by labor unions — and speech it doesn’t like — such as any group targeted by the bill — while infuriating some liberals who are appalled at having to exempt the NRA.

This law isn’t just a mess. It also illustrates everything that is wrong about so-called reform of election spending, which amounts to nothing more than deciding who can speak and who can’t. The Times treats this as just the usual congressional log-rolling, in which deals are made to avoid antagonizing some while harming others. But free speech cannot be allocated like earmark pork legislation, which doles out funds to some districts while others get nothing. But to unprincipled politicians whose main goal is to silence their critics, there is no limit as to how low they will sink in order to pass a bill that will hamstring independently financed political speech.

Refuse to Vote Until Kagan Shows Her Cards

On Fox News Sunday, Juan Williams underscored the buyer’s remorse that some on the left are experiencing over Elena Kagan’s nomination:

I think they are worried. I think they’re — they feel, in part because she doesn’t have a record as a judge, that there’s no way to say that she’s predictable and that she will be a stalwart in terms of liberal positions and values and a counterweight to Chief Justice Roberts, Justice Scalia, Justice Thomas, which is what the left really wants. They want somebody who’s going to make the case for that liberal position.

So if you look at issues ranging from death penalty, to the Citizens United case on campaign finance, the sense is, “You know, are we sure where Elena Kagan stands?”

There are a few possibilities here. One is that Obama “knows” her better than the rest of the left and is convinced she’s a dependable vote (i.e., the left is in a tizzy for nothing). Another is that Obama doesn’t know any more than his base and assumed that her moderate demeanor — like his own — was a cover for radical views (i.e., the left is in a tizzy for good reason). A third is that Obama and the left are in some choreographed dance to make her seem moderate but have no real qualms about her (i.e., the left’s tizzy is fake). The latter is a bit hard to buy given the blogospheric semi-meltdown over her non-record.

What we do have is a joint interest by the right and the left in forcing Kagan to be candid — and in voting no, or delaying her nomination, if she is not. Listing the litany of hot-button issues now in the purview of the Supreme Court, Ezra Klein writes:

So where does Elena Kagan fit into all this? You’ll have to ask her. Or, more to the point, the Senate will have to ask her. And hope she’ll answer. John Roberts’s famous “umpire speech” showed the appeal of a nonphilosophical judicial philosophy, but his unexpected activist streak on the bench has shown how little we actually learned from his confirmation process. In reality, the world is made of players, not umpires, and we deserve to know whom we’re drafting.

The only way to force her to live up to her own self-proclaimed standard for candor (she previously wrote that it “is an embarrassment that Senators do not insist that any nominee reveal what kind of Justice she would make, by disclosing her views on important legal issues”) is to refrain from confirming her until she puts her cards on the table. Otherwise, both the left and the right are guessing blind on a critical, lifetime appointment.

Flotsam and Jetsam

A new group, Keep Israel Safe, has an ad pummeling Obama for having no plan to thwart a nuclear-armed Iran.

Christians for a Nuclear-Free Iran sends a letter to Harry Reid and Nancy Pelosi urging them to move on the Iran-sanctions bill: “Almost five months have passed. The situation with Iran has only become more alarming. Congress has not moved. The whole world is waiting for leadership on Iran. Will it come only after it is too late?” You get the feeling that mainstream Jewish groups risk becoming irrelevant if they don’t turn up the heat on the Obami?

Meanwhile, the State Department says we are “concerned” about Syrian missiles. Soon we may be “deeply troubled.”

Fred and Kim Kagan warn: “Concerns over delays in the formation of a new Iraqi government and the prospects for meeting President Obama’s announced timeline for withdrawal are clouding views of a more urgent matter: The United States might be about to lose an opportunity for success in Iraq by tolerating a highly sectarian, politicized move to overturn Iraq’s election results. Washington must act swiftly to defend the integrity of the electoral process and support Iraqi leaders’ tentative efforts to rein in the “de-Baathification” commission that threatens to undermine the entire democratic process.”

Floyd Abrams, former ACLU head Ira Glasser, and former ACLU counsel Joel Gora lambast the ACLU for reversing its decades-old policy opposing First Amendment restrictions in the name of campaign-finance reform: “Experience has shown that the kinds of campaign finance limits the ACLU now endorses have entrenched the powers-that-be even further. Thus the ACLU is prescribing a lot of First Amendment pain for no real democratic gain. And in the process of changing its policy, the principal defender of free-speech rights will abandon that field to others. In essence, the rhetoric of egalitarianism has won a victory over freedom of speech: The new restrictions the ACLU supports will never bring about the equality it claims is its goal. This is a self-inflicted wound from which the ACLU will not soon recover.” We can only hope they are right.

A poll has Dan Coats with a double-digit lead in the Indiana GOP primary race.

Both son and father Reid are in big trouble in Nevada. Could the name be toxic?

Blanche Lincoln has stiff competition in her primary.

From the gang that wouldn’t put health-care negotiations on TV: “A handful of lawmakers on the Senate Judiciary Committee hope to compel the Supreme Court to begin televising its proceedings.”