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GOP Leaders Transparently Obstruct Transparency Bill
The Senate Campaign Disclosure Parity Act is a bill that you wouldn't think anyone could possibly be against. And yet, the Republican leadership in the Senate has gone to considerable lengths to stop it -- recently by brazenly insisting on an amendment that would effectively discourage groups from filing ethics complaints against senators. Without that amendment, which Democrats reasonably call a poison pill designed to sink the bill, Republicans say it's not going anywhere.
Here's what the bill would do. Candidates for the Senate file paper versions of their campaign disclosure reports. The bill would require those reports to be filed electronically. That's it.
The House moved to that system six years ago -- which is why it's called the campaign disclosure "parity" act. The bill has forty co-sponsors, among them conservative Republicans, such as Sens. Thad Cochran (R-MS) and John Cornyn (R-TX). A cynic might say that the only rational reason for opposing the bill would be if you wanted to make it harder for people to discover who's been giving to your campaign.
When the bill came to the floor this spring, it was blocked twice by an anonymous Republican senator, using what's called a "secret hold." (Here's our hunt last summer for those behind secret holders on another bill.) But that tactic was forbidden by the Democrats' recent ethics bill, and so when the bill came up again earlier this week, the senator who came forward to block it identified himself. It was Sen. John Ensign (R-NV).
Only Ensign didn't say that he was blocking it. In fact he said that he has "no objection" to the bill. But he insisted on offering an amendment. His bill would require all non-profits that file ethics complaints against senators to disclose all donors who gave $5,000 or more. His bill, he said on the floor, was designed to "protect individual Senators from purely politically motivated ethics complaints that come against us that sometimes we will have to run up legal bills and all kinds of other things." Without any evident irony he added: "transparency is the best way to do it."
The political nature of Ensign's strategy is, well, transparent. When I contacted Sen. Ensign's office for an explanation, for example, I was referred to Ensign's spokeswoman at the National Republican Senatorial Committee, of which Ensign is chairman. Rebecca Fisher explained via email that Ensign "doesn't oppose the bill" and only opposed Democrats seeking to pass it by unanimous consent (a much quicker method used for bills without opposition). And to my question of whether Ensign was the one behind the previous "secret holds," she answered straightforwardly, "Sen. Ensign did not have a secret hold, or any hold, on the bill."
That may be true, since Ensign is certainly not alone. As Roll Call reported yesterday, Ensign freely admitted that he'd discussed the issue with other members of the Republican leadership before insisting on his amendment. And the Sunlight Foundation, which has been bird-dogging the issue for months, long ago identified Senate Minority Leader Mitch McConnell (R-KY) -- that great foe of campaign finance reform -- as the main culprit.
For now, McConnell insists that he's not blocking the bill. “If [the Democrats] give us an amendment, we’d be done in a half an hour," McConnell's spokesman told Roll Call.
Watchdogs, at least, think the issue is clear. Ensign's (or McConnell's, if you prefer) amendment is obviously targeted at Citizens for Responsibility and Ethics in Washington, which has filed a number of ethics complaints of late against Republican senators, such as Sens. David Vitter (R-LA), Ted Stevens (R-AK), and Larry Craig (R-WY). "I think Sen. Ensign should look at the ethics issues of members of his caucus like Vitter and Stevens and spend less time worrying about how CREW is funded," the group's spokeswoman Naomi Seligman Steiner told me. "But we're glad we're on his radar. Clearly he's concerned about us. Maybe we're making a difference. That seems OK to me."
Chris Farrell of Judicial Watch (which has filed complaints against Sen. Harry Reid (D-NV) and others) had a similar take. "That sounds to me like an attempt to suppress scrutiny.... It's a sad reversal of the kind of scrutiny there ought to be of politicians who use their office to broker favorable deals for themselves."













Larry Craig is from Idaho, not Wyoming. Please don't lump him in with us.
September 27, 2007 5:19 PM | Reply | Permalink
Testing
September 27, 2007 5:49 PM | Reply | Permalink
I'm shocked that the senate doesn't want people watching them.
The real problem here is the arcane rules of this body that continue to allow crap like this to happen. This is not democracy - oops, I forgot,we're not a democracy, we're a republic. Democracy is what we bring to the poor unfortuantes of the world.
September 27, 2007 5:50 PM | Reply | Permalink
Testing
September 27, 2007 5:50 PM | Reply | Permalink
Oh. My. God.
Dream. Come. True.
I'm fantasizing about filing a ethics complaints on behalf of AEI, ATR, NRA, Lexington Institute, Christian Coalition, etc but with so many Senators to choose from, I don't know where to begin....
September 27, 2007 7:21 PM | Reply | Permalink
Wouldn't the amendment be unconstitutional?
http://en.wikipedia.org/wiki/NAACP_v._Alabama
In an opinion delivered by Justice John Marshall Harlan II, the Supreme Court decided in favour of the petitioners, holding that "Immunity from state scrutiny of petitioner's membership lists is here so related to the right of petitioner's members to pursue their lawful private interests privately and to associate freely with others in doing so as to come within the protection of the Fourteenth Amendment" and, further, that freedom to associate with organizations dedicated to the "advancement of beliefs and ideas" is an inseparable part of the Due Process Clause of the Fourteenth Amendment. The action of the state obtaining the names of the Association's membership would likely interfere with the free association of its members, so the state's interest in obtaining the records was superseded by the constitutional rights of the petitioners.
September 27, 2007 8:15 PM | Reply | Permalink
Gnopple:
That was under the pre-9/11 constitution. Didn't you hear Rudy Giuliani explaining that the only important amendment any more is the 2nd?
September 27, 2007 8:48 PM | Reply | Permalink
I say pass it with the amendment. CREW can develop all of the ethics cases and then just hand them off to some little group with no big donors to actually file.
It's a solution fit for the GOP, I know.
September 27, 2007 9:59 PM | Reply | Permalink
Why aren't the democrats out at the microphones after every vote screaming OBSTRUCTIONISTS???? Why aren't they forcing the GOP to truly filibuster and not just in threat only???? What the hell is wrong with them????
The GOP has told everyone that their plan is to OBSTRUCT every piece of legislation that the Democrats try to pass. Whether the legislation helps children or soldiers. Whether the legislation is supported by 60% of the people or 98%. It matters not to the GOP who treat peoples lives with disdain and will willingly see soldiers killed on the battlefield for their games, or families ruined because a child gets ill. THIS IS THE GOP!!!!
I want the Democrats pointing this out day after day, hour after hour, minute after minute. The GOP will let people die and be ruined for their games.
September 28, 2007 6:52 AM | Reply | Permalink