IN HIS 2010 State of the Union address, Barack Obama attacked the then-new Citizens United Supreme Court decision for making it possible for U.S. elections to be bankrolled by “foreign entities.”
Justice Samuel Alito, part of the Citizens United majority, was in the audience, and shook his head and seemed to mouth “not true.”
But a member of the Federal Election Commission sounded the alarm Wednesday, explaining that it is indeed true — and quixotically calling on her chronically deadlocked colleagues to make it stop.
Alito was right to the extent that Citizens United didn’t change the law that forbids political spending by “foreign nationals” (which covers foreign governments, corporations, and individuals). Federal contractors also may not engage in such spending.
But what Citizens United did do was make it possible for U.S. corporations to spend unlimited amounts directly from their corporate treasuries on electioneering — and the money in corporate treasuries belongs to the company’s shareholders.
“Arguably, then,” wrote Ellen Weintraub, one of the six members of the FEC, in a New York Times op-ed, “for a corporation to make political contributions or expenditures legally, it may not have any shareholders who are foreigners or federal contractors.”
Since essentially all significant publicly traded “American” corporations are owned to some degree by foreign nationals (and certainly some have shareholders who are federal contractors), that means that any electoral spending by such corporations is potentially illegal.
That would presumably be even more the case for subsidiaries of foreign companies that are wholly owned by their parent company but incorporated in the U.S.
Weintraub says that at the next FEC meeting, she “will move to direct the commission’s lawyers to provide us with options on how best to instruct corporate political spenders of their obligations under both Citizens United and statutory law.”
One possible solution she mentions would be to “require corporations that spend in federal elections to verify that the share of their foreign ownership is less than 20 percent, or some other threshold.”
Of course, as Weintraub acknowledged in an interview, it’s unlikely the FEC will do anything at all, since the FEC now almost always deadlocks 3-3 along partisan lines. (While the commissioners are appointed by the president, no more than three can belong to the same party.)
But, said Weintraub, “One of my goals is to try to jump start a national conversation” on current U.S. campaign finance law in general and the potential of foreign money seeping into elections via corporations specifically.
Bradley Smith, a former FEC commissioner and one of the main intellectual forces behind the ongoing deregulation of the U.S. campaign financing system, disagrees strenuously with Weintraub.
First, as Smith accurately points out, Citizens United has to date resulted in comparatively small amounts of direct political spending by corporations. According to the Washington Post, $68 million, or 12 percent, of the $549 million raised by Super PACs for the 2016 election has come from companies’ treasuries. (This is separate from the much larger amounts raised by regular corporate PACs, but they were legal before Citizens United.)
Add the hundreds of millions raised in regulated increments from Americans by candidates and party committees, and it’s clear that the quantity of cash coming from foreign sources is a tiny percentage of the total in the U.S. political system. And while nobody knows who is funding the “dark money” political entities active in this election, that likely doesn’t change the overall calculations very much.
Second, Smith again correctly says, foreign nationals already had many means pre-Citizens United to influence the U.S. political system, including lobbying the government, owning newspapers, and contributing to think tanks.
Third, he asserts, the FEC already has rules that forbid foreign nationals from making any of the decisions about where to direct political spending, directly or indirectly.
So this all adds up, Smith argues, to Weintraub cynically engaging in “xenophobia” and “Trumpism” by using “hysteria over foreign funds to try to whip up public opposition to American participation in politics.”
I personally don’t find Smith’s perspective convincing. Americans (and citizens of most countries) have historically believed that any foreign influence over their political system is too much. When Greece’s version of the CIA funneled $549,000 to the Nixon campaign in 1968, Nixon didn’t announce that no one should be worried because this was a small percentage of the money he was getting from Americans; instead, he covered it up.
Likewise, most Americans likely also object to the pre-Citizens United avenues that foreign nationals have to influence U.S. politics. And their existence doesn’t mean that it’s wrong to object to a new avenue, particularly one that so directly bears on who holds political office.
It’s also not particularly reassuring that the FEC demands that the decisions about political spending be made by U.S. citizens. Even assuming full disclosure of spending and vigorous FEC enforcement, American corporate executives are certainly intelligent enough to figure out where their parent companies or foreign shareholders would like money directed without being told.
Finally, what Smith describes as “xenophobia” and “Trumpism” on Weintraub’s part, others might call “George Washingtonian.” After all, Washington warned in one of the most famous political speeches in U.S. history of “foreign influence and corruption … through the channels of party passions” — exactly what Citizens United may make possible.
That said, Smith is right that a zero-tolerance rule for corporations with any foreign ownership could lead in unexpected directions. For instance, the largest single shareholder in the New York Times is Mexican billionaire Carlos Slim, who owns 16.8 percent of the company — so Weintraub’s op-ed itself could be seen as foreign influence on U.S. politics. Of course, while Smith would argue that such a point of view is “hysteria,” others might see it as the beginning of a useful debate about whether Americans want wealthy foreigners to own their most important newspapers.
Top photo: A demonstrator holds a sign outside the U.S. Chamber of Commerce in Washington, D.C., during a rally against the Supreme Court’s Citizens United decision, Jan. 21, 2015.
Alito is sh*t.So is Roberts.Traitors.Thomas?less than zero.
Ah yes, rest in purgatory my friend, II will give him credit however, for having the presence of mind to not try mouthing some insult from the 18th Century. Although, “pure applesauce!” would have made my day, he surely knew that his ‘real’ fans got it. To those who may have considered him as one that acted in a way that was less than Honorable, as his official title proclaims, they already knew that he really didn’t care about things like tertiary consequences to the rulings under his watch – so long as it served the primary interest of benefiting the conservative cause (read republicans).
I think perhaps what the lip-readers from all sides got wrong was not that he said “not true’, “pure applesauce” or anything else so thrilling. I think what he said was the simple fact:
“I don’t care”
So true, so true. He was certainly an individual who can be remembered for his colorful language and views, but when it comes to using the position of power he was given for the ‘good’ of the country – it would be hard to demonstrate that he did only that. Which makes his strong catholic faith perhaps his, now, most important ruling. As I fear without ‘purgatory’ to take him in, the amount of shenanigans and pokery-jiggery he engaged in might have tipped the scales unfavorably in any final judgment of him.
There are also other ways for foreign interests to legally bribe U.S. politicians – for example, by financing their non-profit private foundations. There are many examples – John McCain has a non-profit at Arizona Sate University, called the McCain Institute for International Leadership, that took in $1 million from Saudi Arabia in 2014 (source: Bloomberg)
That’s dwarfed by the deals the Clinton Foundation did, however:
“Under Clinton’s leadership, the State Department approved $165 billion worth of commercial arms sales to 20 nations whose governments have given money to the Clinton Foundation, according to an IBTimes analysis of State Department and foundation data.”
Those payments to the Clinton Foundation included $10 million from Saudi Arabia and another $900,000 from Boeing at a time when Secretary of State Hillary Clinton was considering whether to approve a $29 billion Boeing-led fighter jet sale to Saudi Arabia – one of her ‘top priorities’.
“In all, governments and corporations involved in the arms deals approved by Clinton’s State Department have delivered between $54 million and $141 million to the Clinton Foundation as well as hundreds of thousands of dollars in payments to the Clinton family, according to foundation and State Department records.”
http://www.ibtimes.com/clinton-foundation-donors-got-weapons-deals-hillary-clintons-state-department-1934187
This kind of gross corruption is a hallmark of the neoliberals (Clintons) and neconservatives (Bushes) who’ve done so much damage to this country over the past few decades.
Since money is supposed to equal speech and with corporations that is supposed to represent the shareholders collective voice what about the opinions of individuals who don’t own equal shares of companies? Pretending they are all American citizens, they aren’t going to have an equal voice in choosing which candidate/party to support. That’s probably being decided by experts hired to explain to those higher on the shareholding food chain who is the right person/party for the company to support for the best interests/profit of the company anyway.
You could also argue that political speech is not the intent behind the association of all the individuals who are wrongfully assumed to all be American citizens. The purpose of individuals gathering in corporate form was not because they all (citizens and not) agreed on politics and forms of activism – so (even without considering that they aren’t all American citizens) how could concerns about losing first amendment rights be a compelling argument for Citizens United?
There are endless outlets to support candidates and party. Shareholders that are American citizens can rest assured that their “speech” isn’t taken away from them if their corporation has to at least control their volume.
What I don’t understand is that, if money is supposed to equal speech, then why is it a crime to give money to a police officer if one is being arrested for drunk driving?
So then American’s should be able to WITHHOLD money from our government by not paying our taxes.
When my country tells me it is okay for my tax dollars to be sent to BARBARIC countries like Saudi Arabia, and for me to have to give them WEAPONS OF MASS DESTRUCTION, I think it is time to start disbanding this whole corrupt government. Don’t murder and maim in my name,by supplying weapons not only is it an act of terrorism it is illegal. Let me go pick up a tank from my local military base and give it to the gangs down in South Central Los Angeles.
Why would I want to do that? To show that to support terrorist and to supply weapons to terrorist nations, that makes us a terrorist nation. What is the difference in giving it to the cowards in the middle east as opposed to giving it to the gangs of the USA? I see no difference other than the hypocrisy out of the CORRUPT USA!
I can see why young people hate America. I don’t blame them in the least! Government will have all American doing slave labor while the Obama’s show what TERRORIST they truly. Change would be Obama in PRISON! But at least Nancy Reagan only stole a million dollars worth of clothing, Michelle and Fart face spent MILLIONS COURTING TERRORIST NATIONS and handing out weapons around the world for America’s corporations. Obama and Bush will go down as the two MOST CORRUPT NON LEADERS in the WORLD! COWARDS!
Yes the Saudis are barbaric.How about those barbaric Israelis,allies of the previous mentioned barbarics?
Or is that a thought too far?
Considering that the Israelis are actively committing apartheid – yes that DOES make them barbaric.
The Fourteenth Amendment is interpreted as making corporations people.
The Thirteenth Amendment makes slavery, the ownership of people, illegal.
A person who is owned by another person is a slave. A free person is owned only by himself.
So let’s abolish ownership of corporate people by any other than the people of the corporation.
Liberate the people from their capitalist owners.
Let democracy rule the corporate people.
Rule of the people by the people is the American way (or so the rhetoric of the oligarchic state would have it).
Expropriate the expropriating capitalists.
IF money = talk, can pay your bills by just talking for a spate of time! Even a child agrees this is nonsense!
wow! You are onto something. money=speech therefore speech=money! Say you owe $488 for your electric and you spend 30 minutes on the phone with them. The value of speech, being set by PACs, could make your 30 min = $488. This may sound like horsecrack but IF YOU SUE claiming speech is money, and take it to the supreme court, WODDA THEY GONNA DO?
Would be very interesting and quite worth a FUNDME page if not just for the entertainment and publicity. (especially the publicity)
You presume the result will be guided by logic rather than the size of your wallet. They’d surely go through some sort of contortion to conclude that money=speech, but speech!=money.
i presume they will be caught in the proverbial hypocritical fishnet.
No real surprise. After breaking the law and the will of the American people, it is not surprising that there is a “corporations are people” residency issue that the LIARS CHEATS & THIEVES have finally decided to tackle so that they can extract more money from their corporate pimps to split hairs, create loopholes, and spin excuses. Corruption has become a really big industry now but i don’t believe that law colleges will offer a course called “proper corrupt practices”.
Barack Obama was installed in the white house through
corporate money, so any concerns he might express are just
more deceptions by a con artist.
The influence of “foreigners” on elections in the fake U$A
through the method of supplying money to
political campaigns is a common occurrence.
Many corporations are multi-national and there are
a number of PACs which are primarily involved in pushing a
perceived foreign nation’s agenda. The most notorious being
AIPAC.
“Citizens United” is cherished by the republican and democrat
parties and they have no real intention of biting the corporate
hands which control them and hire them after leaving office.
In a perverse way, Alito is telling the truth because he and Obama
both know that their allegiance is to global corporate dominion
and the land mass of the fake U$A is but a small part of the
global agenda. There is no “foreign” land if you think of yourself
as so “exceptional” that you think of the rest of the planet
as being private property which you will help take over for
private profits,
depending upon any given situation which may occur.
When the vast majority of elected officials mouth the words
agreeing to “uphold” and “defend” the constitution of the
United States, they know that
it depends upon what the words “uphold,” “defend,” “constitution,”
and “United States” mean,
depending upon any given situation which may occur.
This whole article, albeit excellent, enters the conversation quite too late.
(Look out Titanic Captain Smith. There might be icebergs ahead.)
Of course foreign entities are funneling money into US elections. Who thinks otherwise? If you’re dictator-for-life Umust Gimmemore of North Oilpatchland, why would you restrict yourself?
“Hmm … those Americans seem quite powerful. I wonder how to get them on my side. Maybe I should hire someone like those fine fellows at the Carlyle Group to help me promote my poor country.”
(And let’s not forget to congratulate Bill Clinton for his bipartisanship in nominating deregulation fetishist and Federalist Society member Bradley Smith to the FEC in 1999. Good going Bill! When you also signed legislation to repeal Glass-Stegall did you tell your wife she would eventually be president?)
Of course corporations are going to bribe those with their hands out!
The Koch brothers (as only one infamous example) have been playing this game for decades. Their only expense is the lawyers they hire to find ways around those most earnest laws designed to protect democracy from corporate depredation — foreign and domestic.
This isn’t a secret.
No government — especially one defunded and deregulated by an aggressive political enterprise called the Republican Party (and facilitated by their hand-wringing cohorts, the Democratic Party) — can survive the massive amounts of money thrown at them in return for favors.
It makes no sense NOT to bribe lawmakers and regulators.
So yes. Of course foreign money flows into American politics.
Maybe soon we will read an article about seawater still flowing into the Titanic.
Guess what ship has sailed and sunk long ago.
I would assume the goal of the foreign shareholders, just like domestic ones, would be to maximize profit. So everyone’s on the same side – it’s all good.
Speaking of maximizing profit, it seems a waste of resources for two Super PACs to directly compete against one another. Suppose they each spend $2M backing their candidate – that just cancels out. So why wouldn’t they sit down and agree to each pocket the $2M? The net result would be the same and they could use the money saved to lobby for legislation.
oh yes. I read enough critique to give myself an honorary degrees as a Corruption Consultant. Should be a lot of money in that- specializing in loopholes. And BTW, corporations are people…. HOW MANY VOTES IS THAT? I dont expect to see a corporation in line at the polls but what they hay, maybe they can send in absentee ballots. And if they are clever, just before reg time, they could create several thousand dba’s and voila.
On the other hand, if some of the shareholders are illegal aliens… pardon ‘undocumented hard workers that had dreams just like you and me’, that should be okay because there’s no evidence of their foreignness. No documents… no way to prove it one way or the other which is very good.
Okay, I guess I can’t vote or make political contributions because some of my relatives are foreign citizens and they can influence me, possibly taking full control over my mind and body, right?
You can vote and you can make political contributions because you are an American citizen that is your right. If you happen to be influenced by your family or your culture your perspective is really a blessing, because it may bring forth new ideas that may result in making our country a better place, but those are your ideas an “American citizen”.
It is not “xenophobia” and “Trumpism”, but common sense to be resentful and cautious about allowing foreign entities to purchase our politicians and media and all that comes with the buy.
George Washington’s warnings below show true wisdom:
“As avenues to foreign influence in innumerable ways, such attachments are particularly alarming to the truly enlightened and independent patriot. How many opportunities do they afford to tamper with domestic factions, to practice the arts of seduction, to mislead public opinion, to influence or awe the public councils. Such an attachment of a small or weak towards a great and powerful nation dooms the former to be the satellite of the latter.
Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government”
I will take George Washington’s advice over the likes of the Benjamin Netanyahu types any day.
How dare you invoke a anglo white slave owner as wise!It’s not allowed today,only semites are believable!Or their toads and lackeys.
Beware of foreign entanglements might have been his wisest words.
well Arth, you’re kinda hitting a nerve with that jokey comment.
you see, out here in “the rest of the world” we are subjects of Empire U$A, yet have no vote.
being as y’all rule the world with a democracy / representation charade, and that POTU$ is actually POTW (world), then i’m going to argue that everyone should get to vote in U$ federal elections – as we are all affected by the choices / decisions made in DC.
the upside of my proposal is that y’all get access to more balanced world view by polling outside the Disney obsessed American Exceptionalist bubble … that said, it might also be scary for y’all to find out how far outside a world reality y’all reside (and yes Vic, to save you asking again – my enlightened arse is from outside the U$A).