Speech is one thing. Manipulating our government, our universitiees, and the
vote is quite another.
Miriam
-----Original Message-----
From: blind-democracy-bounce@xxxxxxxxxxxxx
<blind-democracy-bounce@xxxxxxxxxxxxx> On Behalf Of Carl Jarvis
Sent: Monday, July 09, 2018 8:46 PM
To: blind-democracy@xxxxxxxxxxxxx
Subject: [blind-democracy] Re: The Secretive Puppetmaster Behind Trump's
Supreme Court Pick
If I support the right of people to form secret organizations, can I still
claim to be in favor of Freedom of Speech?
Carl Jarvis
On 7/9/18, R. E. Driscoll Sr <llocsirdsr@xxxxxxx> wrote:
Miriam/Carl:
I did not know that The Federalist Group is a secret society like the
Knights of Columbus.
Richard
Sent from my iPhone
On Jul 9, 2018, at 6:06 PM, Carl Jarvis <carjar82@xxxxxxxxx> wrote:
How in the Hell do we fight these dark shadows?
Carl Jarvis
On 7/9/18, Miriam Vieni <miriamvieni@xxxxxxxxxxxxx> wrote:
The Secretive Puppetmaster Behind Trump's Supreme Court Pick By Jay
Michaelson, The Daily Beast
09 July 18
A Catholic fundamentalist who controls a network of right-wing
groups funded by dark money has put three justices on the court.
He’s about to get a fourth.
When President Donald Trump nominates a justice to the Supreme Court
on Monday night, he will be carrying out the agenda of a small,
secretive network of extremely conservative Catholic activists
already responsible for placing three justices (Alito, Roberts, and
Gorsuch) on the high court.
And yet few people know who they are—until now.
At the center of the network is Leonard Leo of the Federalist
Society, the association of legal professionals that has been the
pipeline for nearly all of Trump’s judicial nominees. (Leo is on
leave from the Federalist Society to personally assist Trump in
picking a replacement for Justice Anthony
Kennedy.) His formal title is executive vice president, but that
role belies Leo’s influence.
Directly or through surrogates, he has placed dozens of life-tenure
judges on the federal bench; effectively controls the Judicial
Crisis Network, which led the opposition to President Obama’s high
court nominee, Judge Merrick Garland; he heavily influences the
Becket Fund law firm that represented Hobby Lobby in its successful
challenge of contraception; and now supervises admissions and hires
at the George Mason Law School, newly renamed in memory of Justice
Antonin Scalia.
“Leonard Leo was a visionary,” said Tom Carter, who served as Leo’s
media relations director when he was chairman of the U.S. Commission
on International Religious Freedom (USCIRF), in an exclusive
interview with The Daily Beast. “He figured out twenty years ago
that conservatives had lost the culture war. Abortion, gay rights,
contraception—conservatives didn’t have a chance if public opinion
prevailed. So they needed to stack the courts.”
Amazingly, said Carter, Leo has succeeded in this mission with few
people taking notice.
“The Christian right has been written about a lot, but hardly anyone
talks about the Catholic right,” Carter said. “Four Supreme Court
justices—they’re more successful than anybody: the NRA, the Israel
lobby, Big Pharma, no one else has had that kind of impact.”
Catholic Fundamentalist
Leo is a member of the secretive, extremely conservative Knights of
Malta, a Catholic order founded in the 12th century that functions
as a quasi-independent sovereign nation with its own diplomatic
corps (separate from the Vatican), United Nations status, and a
tremendous amount of money and land.
The Knights, which recently have tussled with Pope Francis and
resisted his calls for reform, take their own set of vows, as monks
do. On the surface, the primary work of the order is humanitarian
work around the globe, but it is also home to noted Catholic
conservatives including Cardinal Raymond Leo Burke, a frequent foe
of the reformist pope.
“Leonard’s faith is paramount to him,” Carter said. “When he
traveled, staff members had to find him a church near where he was
staying so he could say Mass every day.”
To be sure, none of this is to repeat the odious claims of
anti-Catholicism of papist conspiracies and dual loyalty. But Leo
has spent a career shaping the federal judiciary to reflect rigid,
conservative religious dogmas.
Those include the notions that human life begins at conception and
that homosexuality is immoral. The reason is that the moral “natural
law” is as part of the fabric of the universe as the laws of nature,
and it trumps any secular law that humans (or legislatures) might
dream up. As developed by St. Thomas Aquinas and a millennium of
subsequent philosophers, everything has its “natural” function and
its “unnatural” misuse. Food is for nourishment, not gustatory
delight; sex is for procreation, not pleasure; sensual enjoyment is
luxuria, a sinful diversion of pleasure from its intended purpose of
reproduction.
Moreover, men and women are “complementary” to one another;
heterosexual marriage is part of the structure of the universe. Thus
the Catholic catechism teaches that “homosexual acts are intrinsically
disordered.
They
are contrary to the natural law. They close the sexual act to the
gift of life.” And life begins at conception, making abortion and
even contraception acts of murder. And since God has decided all of
these facts, individuals have no rights (secular or religious) to
decide them for themselves.
Leo’s religious beliefs have also occasionally manifested as bias
against other faiths. When he was chairman of U.S. Commission on
International Religious Freedom (he was appointed by President Bush
in 2007), Leo fended off a discrimination lawsuit brought by a
Muslim former employee who says she was fired because of her faith.
Several USCIRF employees resigned over the controversy and Leo was
fired not long thereafter.
In 2011, Leo played a leading role in successfully opposing an
Islamic center near the site of the 9/11 attacks in New York that
was maligned by the right as the “Ground Zero Mosque” (it wasn’t a
mosque and was several blocks from Ground Zero). Leo was the
director of Liberty Central, a Tea Party affiliated group he
co-founded with Ginni Thomas, wife of Clarence Thomas, that
organized a petition against the center.
Three Justices and Counting
Leo is most closely associated with the Federalist Society, which he
joined in the 1990s. Sometimes thought of as a legal association,
the Federalist Society is actually a large right-wing network that
grooms conservative law students still in law school (sponsoring
everything from free burrito lunches to conferences, speakers, and
journals), links them together, mentors them, finds them jobs, and
eventually places them in courts and in government. It’s like a
large-scale fraternity, knitted together by ideological conformity.
(The Federalist Society did not respond to The Daily Beast’s request
for comment.)
The Federalist Society network is now estimated to include over
70,000 people. In 2016, they reported $25 million in net assets.
Leo played the decisive role in the appointments of Justice Alito
(whom few people had heard of before Leo first promoted him), Chief
Justice Roberts, and Justice Gorsuch—as well as in the unprecedented
stonewalling of would-be Justice Merrick Garland.
Now, of the 25 people on Trump’s Supreme Court list, all but one are
Federalist Society members or affiliates. Justice Gorsuch was the
speaker at the 2017 Federalist Society gala. And when Gorsuch was
asked how he had come to Trump’s attention, he told Congress, “On
about December 2, 2016, I was contacted by Leonard Leo” (PDF).
And of the 18 people Trump has nominated to federal appeals courts,
17 are Federalist Society members or affiliates.
These include appellate court Judge Amy Coney Barrett, a leading
Supreme Court contender and member of a far-right Catholic sect
called the People of Prayer that makes use of actual “handmaids”
(now called “women leaders”); John Bush, who compared abortion to
slavery, promoted the birther conspiracy, and then lied to the
Senate about doing so; Thomas Farr, whom the Congressional Black
Caucus described as “the preeminent attorney for North Carolina
Republicans seeking to curtail the voting rights of people of color”
(PDF); and Jeff Mateer, who said in a speech that parents suing on
behalf of their transgender children “really shows you how Satan’s
plan is working and the destruction that’s going on.”
Indeed, while the Trump list was initially credited to John Malcolm
at the Heritage Foundation, Carter said that this was just another
tactic of
obfuscation: “a way of saying it’s Heritage’s list and not
Federalist Society’s list.”
Ironically, while trying to downplay the Federalist Society’s
influence, White House counsel Don McGahn, the point man on judicial
nominees, managed to confirm it.
“Our opponents of judicial nominees frequently claim the president
has outsourced his selection of judges,” McGahn said at a Federalist
Society event last year. “That is completely false. I’ve been a
member of the Federalist Society since law school, still am, so
frankly it seems like it’s been in-sourced.”
In addition to creating a vast network that serves as a counterpoint
to the mainstream legal world, the Federalist Society has
mainstreamed ideas that were once considered intellectual outliers:
that most of the New Deal and administrative state are
unconstitutional, that corporations have free speech and free
religion rights, that women and LGBT people are not “protected
classes” under constitutional law, and that there is no right to
privacy implied by the due process clause of the Constitution (i.e.,
banning abortion, contraception, and gay marriage are entirely
constitutional).
Two decades ago, hardly anyone in the legal academy took these ideas
seriously. Now, they are litmus tests for conservative judges.
‘Very Good at Staying in the Shadows’
But the Federalist Society is only one arm of Leo’s network. Another
is the Judicial Crisis Network, founded in 2009 during the Bush 43
administration as the Judicial Confirmation Network, with the aim of
pushing through Bush’s conservative judicial nominees.
Rebranded as the Judicial Crisis Network under Obama, JCN then led
the effort to stonewall Obama’s nominees, with unprecedented
success. It wasn’t just torpedoing the nomination of
Garland—although he was surely JCN’s greatest victory. In the last
two years of the Obama presidency, the GOP-led Senate confirmed only
38 percent as many judges as the Democratic Senate did under the
last two years of President George W. Bush.
JCN is headed by Leo protégé Carrie Severino, a former clerk to
Justice Thomas and the husband of Roger Severino, now heading the
HHS office charged with helping health-care providers discriminate
against women and LGBT people. Like Leonard Leo and Amy Coney
Barrett, the Severinos are extremely devout, extremely conservative
Catholics.
But, Carter says, despite whatever legal separations exist between
JCN and the Federalist Society, “JCN is absolutely Leonard’s group.
Carrie was working out of the Federalist Society office. Federalist
Society staff babysat her kids as the JCN project was launched… The
JCN is Leonard Leo’s PR organization—nothing more and nothing less.”
JCN is also a “social welfare” 501(c)(4) organization, meaning its
records are largely hidden from public view, and it utilizes that
status to raise and spend dark money in a variety of ways.
For example, JCN has spent millions of dollars on local judicial and
attorney general races across the country—$2 million in Michigan
alone (PDF)—and on influencing state legislatures to pass socially
conservative and pro-business libertarian legislation. A 2015
investigative report by The Daily Beast revealed how JCN’s
intervention swung judicial elections in Wisconsin, Michigan, and
California. JCN also is one of the top three funders of the
Republican Attorney General Association, which, among other things,
helped Scott Pruitt rise to national prominence by suing the EPA,
which he went on to lead. It even donated $1 million to the NRA.
After reports that JCN spent $17 million to defeat Garland and
promote Gorsuch, Sen. Sheldon Whitehouse asked Gorsuch about its
work at the justice’s confirmation hearing. “There’s a small group
of billionaires who are working very hard to influence and even to
control our democracy,”
Whitehouse said. “They set up an array of benign sounding front
groups to both organize and conceal their manipulations of our
politics.”
Effectively, the Federalist Society creates the pool of conservative
judges and its offshoot JCN promotes them for appointment or
election. And Leonard Leo effectively manages both organizations,
which work out of the same office and are funded by the money he
raises.
“Leonard is very good at staying in the shadows,” Carter continued.
“Getting
stuff done without having it traced back to him, leaving no
fingerprints.”
Hand Behind Hobby Lobby
The Becket Fund gained national fame for being the lawyers of Hobby
Lobby, the evangelical-owned crafts chain who won a religious
exemption from the Affordable Care Act’s requirement that qualified
health plans include contraception coverage.
Named for Catholic martyr Thomas Becket, it is run mostly by
far-right Catholics and places Catholic concerns at the center of its work.
“When I was there,” Carter told The Daily Beast, “the halls at the
Becket Fund were lined with anti-Catholic cartoons from the 1880s
and 1890s… I was told that the philosophy is ‘we protect everybody,
because if we don’t stop [liberals], they’ll be at our door next.’”
Carter noted that “At Becket, everything has precedent for Catholics
eventually. Hobby Lobby were evangelicals, but the issue was
contraception.”
(Indeed, abortion and contraception were of little concern to
conservative Protestants throughout most of the 20th century; they
were seen as “Catholic issues.” It was only with the creation of the
New Christian Right in the 1970s—itself a response to the forced
desegregation of schools—that they became of concern to conservative
Protestants.)
As for Leonard Leo, “Becket was saved at least two times by Leonard
Leo before Hobby Lobby,” said Carter. “It was either Federalist
Society money or fundraising. Only Leo could raise that kind of
money.”
Bought His Own Law School
Finally, thanks to a huge $30 million donation made in 2016, Leonard
Leo is the most powerful individual at the newly renamed Antonin
Scalia School of Law, formerly the George Mason University School of
Law.
When the donation was made, all that was stated publicly is that $10
million came from the Koch brothers and $20 million from an
anonymous donor brought to the law school by Leonard Leo. This was
an obfuscation. Since then, however, it has emerged that the $20
million came from a shell corporation called the BH Fund, of which
Leo is president.
In other words, it was money that Leo raised (from a still-unknown
source, hiding behind the shell corporation) and donated himself.
Indeed, it was revealed in May 2018—thanks to Freedom of Information
Act requests filed by a GMU Law alum—that the law school regularly
consults with Leo on developing programs, hiring faculty, admitting
prospective students, and placing students in federal clerkships.
The documents released as part of the FOIA request show Leo
intervening multiple times on behalf of conservative student and
faculty candidates, and promoting curricula on “Law and Economics,”
which predominantly favors conservative legal positions by
evaluating issues in terms of financial efficiency rather than
justice.
All of this is in clear violation of academic standards of independence.
GMU
Faculty Senate Chair Keith Renshaw said at a GMU board meeting on
May 3 that “the faculty is deeply disturbed by the recent
revelations of these gift agreements… In no instance should a
philanthropic donor to a university have any influence over
academics. That includes curriculum, faculty hiring, faculty firing,
and faculty or student research and scholarship. The ideology
driving the influence is not what matters. Academic independence,
academic freedom and academic integrity are what matter.”
But the arrangement makes perfect sense in the context of Leo’s
octopus of organizations and influence. Rather than merely grooming
conservative law students at schools across the country, now Leo has
a law school of his own.
Secret Money Funds It All
Who is paying for all this work? Behind Leo stands a network of
dark-money funders in both socially conservative and economically
conservative arenas.
First among them are Ann and Neil Corkery, and the dark-money group
the Wellspring Committee, of which Ann is president and Neil is the
sole board member. Wellspring was founded out of the Koch network in
2008, and has funded other Koch groups like Americans for
Prosperity, often in a labyrinthine way that involves passing
millions of dollars from one organization to another to evade
accountability.
Wellspring raised $24 million from 2008-2011, as revealed by the
Center for Responsive Politics and distributed over $17 million,
largely to other shell organizations. Yet because it is defined by
the IRS as a “social welfare”
organization, it is impossible to know exactly where the money is
coming from or going.
Wellspring received 90 percent of its revenue, nearly $28.5 million,
from a single anonymous donor in 2016, an investigation by Robert
Maguire at the Center for Responsive Politics. It gave a grant to
the Judicial Crisis Network that accounted for 83 percent of the
group’s total revenue in 2016.
The Corkerys have been staff members or directors at the extreme-right
Catholic League (famous for its boycotts of movies; its leader Bill
Donohue
said the group focuses on “public embarrassment of public figures who
have
earned our wrath.”); the anti-gay National Organization for Marriage
(Neil
served as treasurer); and Leo-affiliated organizations like the Becket
Fund
and the Judicial Crisis Network.
The Corkerys themselves are members of the extreme, ultraorthodox
Catholic
sect known as Opus Dei, perhaps best known for members’ engaging in
literal
self-flaggelation and other body-mortification practices. (According to
1990
interview, Neil introduced Ann to the sect, though he later dropped out
and
she remained.)
Moreover, Wellspring came into existence largely thanks to the support
of
Robin Arkley, California’s “foreclosure king,” who also funded Leo’s
work
at
the Judicial Crisis Network and the Federalist Society. (Subsequent
funding
has come from the Templeton Foundation and conservative businessman Paul
Singer.) In 2011, Corkery fired her fellow Wellspring board members and
replaced them with her daughter and the son of a JCN board member.
“Ann [Corkery] is very good at cultivating relationships and
capitalizing
on
them,” a conservative source told The Daily Beast in 2015.
The second major dark-money conduit to and through Leo is the “BH
Group,”
formed in August 2016. (Leo himself listed the BH Group as his employer
on
a
recent campaign finance filing.) An investigation by Robert Maguire
revealed
that the BH Group, another C4 organization, received $750,000 from
Wellspring for “public relations” and another $947,000 from JCN.
In other words, Leonard Leo and Leonard Leo paid Leonard Leo.
And what has the BH Group done with the money? It donated $1 million to
the
Trump inauguration—a check, in other words, from Leonard Leo, though it
was
publicly described as anonymous.
“It’s really quite striking,” Maguire told The Daily Beast. “Someone who
orchestrated a secret $1 million contribution to President Trump’s
inaugural
committee has been given enormous discretion over one of the most
important
decisions President Trump will ever make, and that same person is
central
to
orchestrating the funding of two dark money groups that will barrage
people
in certain parts of the country, promoting whoever is ultimately
nominated.”
One open question is the relationship, if any, between the BH Group and
the
BH Fund, which, as described above, is the LLC which donated $20 million
to
the George Mason Law School in exchange for Leo gaining influence in
admissions, hiring, and curriculum. These are, apparently, separate
organizations, but they are both controlled by Leonard Leo and have
almost
identical names.
Maguire told The Daily Beast that no one knows what or who “BH” stands
for.
Who is funding Wellspring, the BH Group, and the BH Fund? If you add up
the
figures, it’s at least a $45 million question ($24 million at
Wellspring,
$1
million at BH Group, $20 million at BH Fund).
Yet thanks to the opacity of these C4 organizations, we simply do not
know.
Other donors to Leo’s network of organizations include Koch Industries,
the
Mercer Family Foundation, the Chamber of Commerce, White House counselor
Kellyanne Conway and her husband, as well as Chevron, Google, Microsoft,
and
Pfizer. Are they behind the unaccounted-for $45 million? If not, who is?
There’s often a misperception that the supposedly apolitical Supreme
Court
justices keep politicians at arm’s length. In fact, Republican
politicians
dine, drink, and hunt with them all the time (when Dick Cheney
accidentally
shot a man in the face, he was out hunting with Justice Scalia), with
Leo
at
the table more often than not.
“He’s gotten away with all kinds of things for years, and nobody seems
to
notice,” Carter told me. And because Leo is shaping institutions with
life-tenure members, his impact will be felt for decades to come.
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