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now introduce an amazing panel
alert lessig is the roy furman professor of law at harvard law school the
director of the admin js epicenter ethics at harvard university
appreciate for those
some contests
thank you tank and uh...
and i'm very happy b on this panel to because
i think it's really important that place these different reform
movements in context
i don't accept the framing about question in the panel
which is constitutional verses legislative
i don't believe in versus here
i think we have to learn to walk and chew gum in tweet at the same time
cancio absolutely support the constitutional reform movements uh...
in all their stripes eager to get more people talking about the need for
constitutional reform i certainly support which ank is talking about with
uh...
idea as a article five convention
but it also think we need to get clear on what the type of legislative changes
that this country needs right now
and start pushing for instance if that's what i want to talk about that
kind of legislative change
we need to put this in a little bit of historical context
we of course has been down dealing with the idea of what was traditionally
called publicly funded
elections for a long time
we for god that four thirty two years ever since richard nixon until
uh... brock obama every single president was elected with public funding
uh... ends
benefited republicans and democrats alike
ronald reagan was the biggest beneficiary running three times a
national campaign using public funds
and the striking thing people forget about this is that when they win with
public funds
they were not fundraising while
the word these candidates in the second time running ronald reagan had
zero fundraisers as a candidate for president
in this election cycle
brock obama had twice as many fundraisers as public rallies he had a
hundred and one rallies and two hundred and twenty one
fundraisers
so it radically change what it means to be a candidate in obviously i don't
think that many people in this room i think it changed it for the better
non-black
we need to recognize that the model of public funding
that was the motto of the presidential public funding system
is flawed in a number of important respects the one thing brought obama did
teach us
was the extremely important value
in having a system where people participated in the funding by small
dollar contributions dot was extremely important getting people invigorated
getting them behind that candidate
and building the movement of a new candidate
so what we've seen since that time is a whole series of proposals
for what i call them i talked with him small dollar funded campaigns bottom-up
citizen funded campaigns
and right now on the horizon there but they're basically four examples
out there to think about the first example is one that was
almost passed by the house just uh... at the in this fall of two thousand ten
called the affair elections now at
and fair elections now act as a proposal that basically allowance
a candidate to get matching funds for small contribution will dollar
contributions taken
him then they get a certain amount of money
as a payment once they qualify uh... at a certain level
and dark
insist that proposal is still out there
but there's a number of competing proposals that i think ur actually
more interesting in action and have more
fatality behind them
one of them has been pushed by uh... democracy twenty-one and brennan center
and this is another matching funds like proposal
but what distinguishes it from the other two that i'm gonna talk about is that
it's matching funds for larger dollar
contributions
so if the objective is to is to increase the number of people who are
participating meaning the number of people making contributions
this is benefiting people making larger contributions not necessarily benefiting
uh... and creating lots of incentives for the smaller contributions
and some of calculated that
half of the public money
in that system
would be directed towards large dollar contributions leading some to wonder
should we be subsidizing rich people giving
money to political candidates gone
the second proposal that's out there by is a proposal just introduced uh...
about six weeks ago by congressman john sarbanes son of paul sarbanes from
maryland
this is called a grassroots democracy act
and grassroots democracy act is a very ambitious effort
to create a series of incentives to give members a reason to opt into funding
their campaigns with small dollar contributions away
so he has a matching fund component
here's a tax credit component it has a
and as a component that
uh... creates a any a special kind of uh... pilot for when i was talking about
is vouchers
and as we call the people's fines which tries to skirt the constitutional
concerns around
giving money as a function of other people of regards mark challenged by
large dollar contributors but it's a
objected to give people confidence that
come into a small dollar funded system it's a fantastic bill i strongly urge
you to look at it uh... and and spend you can find it a grassroots uh...
democracy dot com
the third proposal is one trevor i think is gonna talk about most you have
something uh...
i was actually foresight you have something on your your chair from resent
rep represent us
and this is what's referred to as the american anti-corruption packed
i think it frustrates me about the people who pushed us is that uh...
because i'm so concerned about dependence i really try to get people to
think about improper dependency
seems to me the appropriate we refer to this act is the a intact that they
haven't yet
adopted this nomenclature for it
by this too has a very ambitious
uh... affectively any about your like program it's tax credits to fund
what would function the way about your program with with with would function
as well as
an incredible range of other fundamental changes including affecting incentives
that lobbyists have including taking on the power of super pacts including
very fast strong uh...
benefits for transparency my favorite is a requirement that congressman reports
how much time they spend it
raising campaign dollars young so this is all i think
certainly usually the most ambitious of the staff of the proposals the time
depends on how this rage
and here's the only point i wanna make us a point it's gonna make
hope that some people angry i apologize for that but here's the point
we have to worry about
insider verses outsider politics here too
with the very beginning of this movement
to push the right kind of reform into the system
and we have to make sure that the insider reformers
don't sell us out
don't sell us out too soon for tiny little reforms
that will not change the system but at least make it so they get to claim
credit is having passed some bill
in particular some build a have proposed
this is a disaster
phase incredibly important
that this debate about what the architecture of change that look like
weather to be just matching funds or whether it should include out jurors who
include tax credits
be allowed to continue and that you people outside the beltway participate
in that
and so right now i can tell you inside the see there's a struggle among
reformers
as people are being told that your ideas are not approved because they've not
been approved by the traditional insiders inside this game
so we need to look back to the reformers have done enormous could work for the
past thirty years
uh... an obviously democracy twenty one is at the top of that list
but we have to say to them
way back a bit
we need the whole of this movement to participate in this reform movement
we don't need to end this debate right now we're not gonna get a bill passed in
the next two years
what we need instead is a movement that builds the political support them
citizen support
they're all required to actually get something like this past
so i think you need to be part of that debate and i think you need to be very
vocal in supporting
outsiders in this as much as the insiders might contribute
their personal prime-time news but it is somebody told me my ideas are not
approved
haha
or really here
and two but sources point
i knew that uh... opportunist for coming in on this issue to raise money
et-cetera
when i saw a chuck schumer's on the their name on the list of people really
interested in getting money out of politics
pakad really
natural modernism president the campaign legal center not far from watching the
cbo song
the reform of money in politics thank god and he's also a member of caplin
drysdale swatching in d_c_ office released the firm's political operatives
twelve countries best known and most experienced campaign election or is it a
former commissioner and chairman
of the federal election commission i'm go on
but again i think you know truck
thank you all
uh... thank you larry for
uh... i i think pointing out the the key really to this discussion which is
uh... i don't think any of us up here see obvious
as a debate
but with winners than losers between a constitutional option
uh... and legislative options uh... or
between various legislative options
uh... what i'd uh... was talking to larry about this for her was now you're
immature and a half ago
uh... i'd asked him to come to washington and participate in the
discussion about
disclosure and i said to him and i thought that
the key step here was requiring disclosure of the spending of money in
politics because traditionally it is that sort of uh... spotlight
that has led to further changes
and larry very graciously said
alcock
i have to tell you i think you're wrong
it's too small bore
you can't just look at this closure you have to look at more
i think the fact that we're sitting here together today says that we both hurt
each other of that
there are things we can do
right now there things that could be done in the next week's that things are
going to take the years so we need to see this as a collaborative process
uh... and it's
for that reason that i was delighted to be asked
uh... by a group uh... used be called united republic it's now called
represent us
you have the flyer on your chair
to work with them
my role was
to be the lawyer working to draft the american anti corruption act with with a
team of lawyers
uh... we sought larry's advice he's been involvement we saw buddy advice of a
range of of constitutional scholars
they have a website
um... x
i think they have several websites but represent
uh... us is is um...
one of them on the flyer and i think the other one is the anti-corruption ac dot
org
uh... if you go to their website you'll not only see the
four proposal
uh... and i'm
we do not have time to go through
uh... whatever it is about uh...
fifteen pages of legalese on the full proposal
public show also see another document
uh... but i think shows how seriously we've taken these issues and that is an
explanation piece by piece by piece
of why we think this is constitutional
anthony game to go back to that
as we talk about the need for a constitutional amendment which would
change the entire landscape we have to recognize that that is a long process
point of the american anti-corruption act was to show
that it is possible to change the process in really significant ways that
would revolutionize washington
now
without having to get
all those states that's not to say we shouldn't be looking at the amendment
and working to the amendment and i thought they were very good points made
this morning about how the
outside pressure for an amendment and for a convention
leads congressmen to make changes they wouldn't otherwise lead
but to say they're are in fact a lot of things we can do
realistically perhaps more than congress will ever do but that could be done
constitutionally if we had
announced pressure on congress and the will to do it
so we set out to draft a very ambitious act
that covered all whole really put in one place
the range of reforms that we think
uh... would change washington of the pic people who have been working on this
have
uh... support from
uh... some tea party folks from some occupy wall street folks
from some convicted felons
oh
that that would be jacket remarkable
who basically says stop me before i kill our lobby again
a less important this check and say look i know how much with and when we were
talking about the drafting he could say that and go far enough because i can
figure out how to get around that
sup with all of that background let me outline of briefly what the provisions
are still understand the scope of the game
you can always go and and and take a look at it in some detail
but the first is what we're calling conflict of interest
because
the supreme court is recognized to congress
recognizes that there is a power in the legislature to prevent conflicts of
interest
the conflict of interest we have as professor lessig outlined in some length
this morning
is between the people who art
giving the money lobbying in congress
hiring lobbyists to lobby congress all four specific legislative action or
inaction the protection of tax preferences and loopholes and so forth
on the one hand
and a member of congress on the other who is dependent bond that money
to run
his or her re-election campaign
but is sitting there voting on the bills
and heat
it will you look at it as
they shake down by the member or an attempt to buy results by the lobbyists
in the outsiders you end up with the same place
they're dependent uh... those lobbyists and that world and the people who hire
the lobbyists rather than everyone else
so the first provisionally conflict of interest says
members camp raise funds from people who are lobbying bama
because they want something in their official capacity so you say
but you can do them a favor but then you can't asked them for money
secondly
the lobbyists can give only a small amout to protect their first amendment
expression rights
to the members
five hundred dollars
and they can't solicit money for the member from everyone else they can
bundle money for the member
and the people who have hired them can't do so either
so you're against separating
this conflict of interest in trying to ensure that the people who were voting
in committee
on specific bills
are not doing so because the lobbyist is holding a fundraiser for them next week
or the other side i point
you know i i i have the washington lawyer had planned to say i went to see
a member
i wanted to explain why i hoped they'd support my bill i had good reasons we
had a good meeting
and the next day i got a call from their fundraiser saying what i like to be on
the host committee for the
fundraiser they're holding next week
at that sort of shakedown is prohibited by this
uh... sub
moved to close the revolving door i had not heard leary's numbers before today
about the
fifty percent of uh... senators and forty two percent of members of the
house and then go on the lobbyists
um...
it's important that that not be the next
meal ticket so
we extendable opted prohibitions on uh... doing any lobbying if you're a
former member for five years
which we think is a
really solid time to ensure that those people have gone often done something
different and perhaps productive after god
i would say in passing
l are not back all the data again remember a time in washington
where members of congress wanted to be members of congress
and only when they were defeated did they say well now what am i going to do
i'm going to be i guess i'll be a lobbyist 'cause those you know
that's will hire me those of the people i know
now
almost every session of congress you have members of congress walking out
their office doors and turning the keys over and saying i'm going to be a
lobbyist cuz i got a better offer
that you know it didn't used to happen that way and it this monster it dust
uh...
next
from the lobbying conflict of interest side we've moved to campaign finance
which
uh... larry has highlighted
big change here is to say that
we wanted alternative method for everybody in this room to be involved
but the numbers that you heard this morning are pretty startling
uh... it's
one-third of one percent of all americans who give
annul funny two hundred dollars to a candidate party committee
uh... war uh... a political committee
to even
be listed at the f_e_c_ as a donor
one-third of one percent so the other ninety nine and two thirds percents get
covered by this proposal
part of this whole uh... american any corruption ac
use design
to do the cross party work
uh... that larry was referring to this morning
uh...
we've had republicans in this week had on the conference call announcing this
uh... somebody who was the ethics officer for the george w_ bush white
house he is a conservative libertarian republican
his view is
i'm republican
i don't like paying taxes
i don't like usual vermin deficits
and i think we're getting it because of the current system
the insiders are buying
everything they want
and i'm left out
he has been one of the people pushing
a proposal which he would describe from a conservative republican side as
attacks rebate
what he says is everyone pays taxes whether it's income tax or
our gas tax or a social security tax or something
we're all actually
uh... one way or another paying for this government
and we all want to get five hundred dollars back
year of our money
which we can then designate
through the u_s_ treasury
too
one or more candidates party committees political candidates
so we get our money back and we turn around we fund the voices when we want
to font
uh... and that
provide an enormous pool of money
outside of the traditional system
uh... and as larry says there are a number of the proposals that look at
matching funds and everything else
but what we were looking for here is to say you're sort of the gold standard if
we can get here
this changes the system more than anything else and i and i think it does
beyond that we do have disclosure in there and full transparency
uh... on a range of issues first the whole lobbying world in washington
there plenty of people who leave congress now the next day they turn up
at a lobbying firm
they might be a former member they are prohibited under current law from
lobbying for that first year
so they're not all of its they don't register
their consultant
they will run the lobbying campaign
they are hired to advise on how to make this happen
but they don't actually go to the hills peterson so
we do but
brought require broader transparency with uh...
people who run lobbying campaigns people advise on lobbying campaigns people who
are paid to help the lobbying campaign
having to be
disclosed so we know who they are
uh... in addition to that of course of this includes the disclose act
ana point
uh... on the panel that
though was made this morning
important thing here
is to require disclosure of money that is spent in elections
whether it's by a c four a c-section really shouldn't matter
those are more complicated questions will get to a moment but
for the purposes of the american anti-corruption act
let's say if you're running ads featuring members of congress or their
opponents
uh... in an election season you should be disclosing where your money comes
from
whoever you are
and you can do that
constitutionally
under citizens united so this act includes that as well
finally
the enforcement side
uh... is included in this
uh...
we do have a federal election commission
uh... it is currently
well let's see highly ineffective will be understating it
um...
as an explanation there
um... eat
commission can be improved
um...
instead of
trying to micromanage what this act says it is
we're going to make one key change right now
which is we're going to provide a ps tie-breaking vote because believe it or
not the commission at the moment
has six commissioners
it requires four to do anything
and it has three republicans and three democrats
and for the last couple of years anything important has deadlocked three
three which means it can act
self it provides as a stop-gap
that there be a seventh commissioner to break ties but then it says we need to
redesign this whole system and provides a mechanism for doing that
that's the american any corruption act i think
blues key principles the
lobbying
uh...
conflict of interest provisions
the taxpayer rebate and
significant funds available for candidates
of the transparency and correcting the enforcement side
really would change the way washington works
i think they have another couple minutes and so i'm gonna switch to
alright i'm going to be
the even more immediate
the american any corruption act
has not yet been introduced in congress the plan of its sponsors it is
to build a national constituency for it first
get people to talk about these issues getting million signatures urging
congress to enact it
and then
have members introduced invited from there so this is not gonna happen
tomorrow
dispels as well
what are our alternatives from a constitutional amendment
to the american any corruption ektu
and the answer is
there are some things that could be done
in the months ahead and i want to quickly go through them some of them
have been discussed
uh... on the panels this morning so i'll just put him in there
context
i would start with
that federal election commission that doesn't work
there are currently
by
vacancies among six
commissioners
what that means is the law says the commissioners holdover they stayed there
until either they die
or their successors are qualified that means the president has to nominate
someone
the senate has to confirm them for the successors to appear
president of allah has no nominees before congress for any of those five
vacancies
now i'd presume he's aware of the existence of the federal election
commission about the problem is he's got the same partisan divide in congress
uh... and the republican leadership has said to him three of those seats are
ours thank you very much
you don't nominate
we tell you the names and then you give them back to us and we can firm up
and the democratic leaders say that's how it works for us to
uh... will confirm with you but we're going we're going to the democrats are
the republicans are gonna tell you where the republicans are
then you're going to nominate them they're going to come in as a package
and we will blast off
well the constitution was in actually written that way for all those people
who believe in strict construction is um
it says the president nominates the senate advises and confirms
what i would recommend here
is at the white house get off the sick and figure out who it was to nominate
trying to do something on across partisan basis and to avoid the partisan
gridlock we have because you right now i can hear uh... mitch mcconnell saying
those are democratic nominees those are real democrats and wolf's clothing et
cetera
and uh... i'm not knitwear not cut all confirmable
why not have the president
pull together a
nonpartisan bipartisan across partisan group of distinguished american's judges
prosecutors state election people
and say
give me some names
i'd feel congress used to give me the names and i had no choice politically
i'm asking you americans to give me some names
and you give me a list of five and i promise
constitutionally i will nominate those five and i'm gonna turn of the senate
and say if you don't like him and you can tell the public exactly what's wrong
with them otherwise confirm
that would i think the any real step in cross partisanship here
and it would break the deadlock we have at the f_e_c_
uh... for those of you would like to see that spelled out in more detail i spent
this week
uh... struggling to write an op ed for the washington post which is in
tomorrow's addition and on their website which goes on to explain
what's going on at the commission and how this will would really make a
difference so
i think we'll start with the federal election commission
beyond that we discussed the i_r_s_ a bit today
um... the i_r_s_
is not deadlocked because it has one commissioner
it is desperately trying to hide from this discussion
and i don't blame them
um... they get complaints all about once a week from various groups saying that
c_-four in this e four violating the law
and
baby uh... at one stage wrote a letter back
uh... to democracy twenty-one
and the letter said we we've got all your complaints and we want to wish sure
you were thinking about them
we are aware of the issue
you might have thought that was not tell us what
to the republicans in congress that was a bomb they were horrified commit wrote
a letter back to the i_r_s_ it said that what you do you think about this her
seriously
they said this is an important part is an issue and you have to stay out of it
the i_r_s_ code do
uh... a number of things as was laid out on the panel before such as
figuring out what
in being really clear about when these non-profits are really political
organizations
because if they're political organizations under the i_r_s_ rules
they're already required to disclose their donors are paying a substantial
tax
uh... and figure out
under what circumstances their political organizations
what the major purpose test is
uh... and and move from there so
that could be done by the i_r_s_ itself which is the last time i looked part of
the administration the president is no play politics with the i_r_s_ but i
think he could say of this is an important issue and
i'm not telling you what to do one telling you to do something
so we have that
the securities and exchange commission
we've heard there are proposals before it now
of
they haven't done anything yet
there that would deal with the specific issue of the transparency
political expenditures by corporations
i don't believe that rule-making uh... currently includes the possibility under
as the british do
of requiring shareholder or approval of a budget
or was some form of approval of political spending of of that would be
worth looking at
uh... there was a reference in the panel this morning
uh... to the possibility of doing this
uh... similar action through the states
uh... you may have followed the other uh... connecticut
the legislature there actually managed to pass along
uh... that said that corporations either incorporated in the state of connecticut
for doing business in the state of connecticut
which would be most major corporations in the united states
have to get advance shareholder approval before spending a certain level of money
that that was vetoed by the governor
obvi democratic governor on the basis of corporations didn't like it
uh...
but if this is a national movement if that's the sort of thing they can be
pushed
across the country
uh... you might find
governors of both parties
uh... less inclined to veto it
those are the sorts of things that i think
can be done in the short term
uh... i i'd like to end on
looking at
at citizens united censuses
to some extent how we all got in this room and saying
there two things in citizens united
have not worked out the way the court said they would
one is the east
ended this spending is not
holy totally truly
the three words that are there
independent of candidates and party committees
but
what that means is
that is not protected by citizens united
it doesn't have a constitutional right to be unlimited
if it is not independent
what we can do here constitutionally without changing the court
use
insure that there are standards for the independence of this spending
that could be done by the federal election commission
be new lee reconstituted with five new commissioner federal election commission
it they they have the statutory authority to write those rates it's a
long story but they've actually
twice
wrote bad rags they were sued the courts agreed that they were bad and
and not extensive enough
and they were wrote went back and wrote a third and one which we're now living
under
but a good f_e_c_ could fix that
the other areas disclosure
uh... as you heard this morning
citizens united has one bright spot eight one the court says
full disclosure of campaign spending election spending is constitutional
not only that but justice kennedy goes on to say it's a great night
if you read his opinion he says
for all of you who are worried about citizens united in allowing corporate
spending you don't need to worry because it's gonna be disclosed through the
magic of something called the internet
everyones gonna know where the money's coming from corporate shareholders can
hold their corporate their row corporations responsible
and everyday voters are going to know
who is speaking who is funding the ads they can make their decisions not only
about what they think of the air based on that
but then they can holby officeholders accountable
and see if they're corrupted by all that sped
we can't do that if it secret
the f_e_c_ could if i get
right it regulation
that required it because the mccain feingold walk
those of us who worked on it fought didn't require full disclosure of
spending it says that in the law
the f_e_c_ chains that in a regulation
so that you now have you seen or miss loophole and if you don't designate your
contribution for
uh... sp
this particular advertising
then it isn't required and that could be fixed by a newly reconstituted f_e_c_
so conclusion yes we need to look at the long-term constitutional options
yes i believe we need to look at the medium term legislative options like the
american any corruption act
but we can also do some of these smaller more things that would actually make a
difference and we can push those now
uh... i found out some shocking things in there
uh... it turns out president over almost not strongly chelsea or votes
hi did not see that coming
not doing much about the f_e_c_ in campaign finance reform in palmer
tracking right now
t to that point because what it
emphasize this point
two points actually look
this money that goes into campaigns
it does something really interesting to know the a lot of people talk about
it not only gets to the people who get the money to be elected in the hands
presents that buys which we've all talked about
but it also has a secondary bias which isn't it
go flows towards a really strong republicans that asked for the moon
and really weak democrats that
all right thank you sir may we have another
so if you're strong democrat as howard dean was in two thousand four
you are not going to get that money
and take you for your order standard practice as well
we can't make a compromise for example is that having six people on there bc
we'll just have one
then you get the money
and don't forget president obama raised bed
billion dollars
and some of that was small money but a lot of it was a really large money
so is it surprising that the guy who raise a billion dollars is not really
that interested in fixing a system that got him
elected president the united states twice
so my point there isn't that you should be oppose the president of bomb or
democrats is that when they ask you to clap louder as the solution too hehe how
we're gonna fix the system
don't believe them
they are part of the insiders they're not part of that outsiders
but now
or introduce dr trent lang he served on the board of the california clean money
campaign since two thousand of three he's been a spokesperson lobbyist and
policy expert four of the california clean money campaign
that's a lobby sign your behind uh... and analyzing campaign spending in
proposing solutions to campaign finance issues for both california and elsewhere
that trend is also got a p_h_d_ from u_c_l_a_ with multi-disciplinary
academic background in computer science kind of science
cognitive psychology is author of reporting academic publications
angry the you preston
and he can be the
units right
thank you very much this is a this is a fabulous cos i'm so
you
vac
that's where you know
i have tried
represent
here
their derrick wrestle in the real concern today
so i'm so proud to have everybody cigarette here so many big faces other
people that i know that very active in this problem here in california
as you've been hearing today
there are multiple levels so that we have to work to address the problems of
big money in politics
you know it eventually
a constitutional amendment throughout solution
good very strong
and national
solutions like p
uh... anti corruption act that may take of while
but you capsule lead me to build of movement
but also we believe that
legislatively
uh... especially here in states like in california that we can take some very
very important think he steps going forward
and so i don't talk about that one of the focus is that we're doing
accompaniment campaign has been working with california common cause in the lead
women voters and
other groups here in california for a long time a public financing of
campaigns uh... we've had some successes
recently the city of los angeles
dramatically strengthen its small toner matching funds system
uh... for the city of los angeles of
to beat make it more like the new york city which is a great model that so that
a small donors get matched up to four dark times to one in the general
election increasing strengthening the small small our small donors
and i was a long process to get that going for we hope that will serve as
sort of a model for public lands in california
but one of the things that we've senior after citizens united course is the
problem of the absolute huge amounts of money
uh... again in super packs that the overwhelming uh... super packs and
generally
where
money is dominating this system
and even dominating these sorts of legislation that can be considered
without people knowing
uh... who's behind it
and if people
who was behind
these
super packs and attack ads and and and even
uh... behind this sort of uh...
the commercials that attack what the solution
uh... it would make a big huge difference that's that's our belief so
jervis shows just
app sarika
so here
you could say this is a screenshot from one of those super pack ads is the this
here
tell me if you can figure out who paid for this based off of this disclosure
bareback riders and paid for by restore our future equipped responsible the
content of this message is not authorized by janet prevented committees
and
this for a future dot com
accessible in a perfect examples of of what we need this
so this
this is a sort of disclosure that we have currently
international ads
nobody
can tell who's paying for it
you look at these sorts of uh... atm
uh... yes
these are the sorts of names and you see disclosed nationally
molly ivins
pocket thank you
so national a national super pack at d_c_ restore a future that was one of
our just once
american crossroads
uh... that scores perot's group a hundred five million dollars crossroads
grassroots policy studies
these are all revealed in the fine print and television ads
uh... priorities u_s_a_ action
uh... that the pro-democratic one americans for prosperity that's the coat
brothers
and there are lots more uh... beyond that
and neglecting the most important
go to the next slide
guest
dangerous program all
americans roberto roberto i understand that may be closing up it has
wasn't it
extra money has disappeared never to be found all my gut
that's
makes it even more dangerous
that's our problem that we have to have nationally um... north
there is
there is a bill that was a bill uh... and it will be again
corbett national disclose everything for heard about
uh... that would address this problem so you see
who's paying for the attack at themselves
of the national disclose that made the most progress in two thousand ten
and what it would then be sites kind of cures for illnesses they also that you
you q of the non-profits when they spend on political as ever showed was paying
for them
it would have action required the
uh... the president and c_e_o_ of the largest blunder
of the had to go on screen and say
that i uh... we approve of this message we funded and help approve this message
that would make a huge difference impasse the democratic uh... house
represented in two thousand ten
it got fifty nine votes to break the filibuster
fifty nine
fell one vote short if we have got the we would know
hoop at least who was paying for all these uh... that super packets
nationally
with governments like
so that's cut beverly reintroducing that bill but the chances of a problem going
through our nationally in the next couple of years
it may be a very difficult slog because of opposition have there
but in california
and he told hapter worry about the filibuster
so we can actually do something here in california and serve as a model for the
rest of the country
and that's what we're looking at with the california disclose that
uh...
we have the the same sorts of problems here in california
three hundred seventy million dollars in spending dot measures at this year back
in california if this works
because we have the same sort of independent expenditures with candidate
there may have to deal with
we also about measures that
have huge implants and respect upon our state
these are the names is the largest spending once this year stop special
interest money now stop corporate special exempted from campaign finance
rules the two thousand pablo auto insurance discounts at
also break down today
but nobody knows who was behind them
emal unless
you go to the secretary say website on that most of underserved action revealed
there and so the press can talk about them sometime
except in cases of this recent arizona caseworkers eleven million dollars
there's essentially laundered from the arizona uh... non-profit uh... americans
for responsible leadership
and took a californication agenda
on the last day to review uh... on the sunday before the election to reveal
uh... that
two other nonprofits wants us to cope responded
that's
that the problem uh...
here's our disclosure looks in california
this was the creek a screen shot on the current law uh...
uh... disclosure for yes on twenty six a proposition in november two thousand
twelve again you can see paper by stopping taxes as bob stern would say if
you have to kind of freeze-frame this diva notices at all
and then you might be able now sometimes in california reveals the two largest
ponders buried in the fine print
california disclose equity
would change that completely
by changing and so the top three funders have to be revealed on that at some
cells
this
is what those yes on twenty six path would have to display
can you see how much this would change a game when it comes to california ballot
measures
when you have
stands at a stop in taxes not bein friends
you see that this proposition was paid for by chevron american veterans
association philip morris
it would completely changed the game when it talks it when it comes to pass
the legislation would help in my campaign is decreased the disclose that
is because
eventually we're gonna have to put public financing of whatever store we
have on the ballot in california
and all the attack by the same very sort of people
and if we can disclose them there and the public financing issue better
chances to pass when it comes in
so this is kind of across the board yes on twenty five that was a corporate
initiative
uh... yes on twenty five was one that was actually supported
mostly by labor so uh... it's it's completely non-partisan through the
three largest funders one packet
that's what we're of talking about there was a bill this year eighty sixteen
forty eight the california disclose act that would have past this
uh... some remember julie brown is now in congress to his office
she's having a father
clean money champion we've colder
uh... cover them on campaign sponsored at the celtic chamber of commerce and
its allies
happily heavily heavily lobbied against this bill
period we will be fun
but three hundred fifty organizations and leaders endorsed it
it was passed by the assembly got assembly on august twenty
so uh... to put that this measure on the ballot in november two thousand fourteen
uh... uh... it was too late
to to get through the senate and passed we got started in
this next year that was partially
due to teleport rember commerce and all the sellers of lobby so carefully
against it
but we're gonna come back
uh... there is a huge coz i know many of you yourselves
uh... have signed the over eighty four thousand california signed petitions for
this is how we get grassroots activism for
legislation and really put the pressure on the sock out to be someone that's how
where you get it through next year
twelve newspaper interest over three hundred fifty organizations and leaders
endorsed at that not just a legal in voters in common cause and public
citizen but
but all sorts of groups across the road realm and national groups
we're going to
this is how you you build and uh... pushed legislation
this week and skippers
eighty-four percent california support
dispense water dispenser that
but the next one
this is one of my favorite quotes for why disclosure is is that i
constitutional from justice anton scalia
requiring people stand up in public for their political acts foster's civic
courage without which democracy
if we can
the disposal act is in some ways it's small bore its a first step you need
lots of other steps
we believe it will start to show the lights uh... on the situation
to help some of the bigger things because once when people see
very clearly in all the ads that they're going to wear
who is paying for them
at the same corporations and billionaires every single time
that will help
built a popular pressure we believe not only
so that that things don't get past when these whether fooled by those deceptive
ads but also build popular pressure for uh... the additional much larger reforms
that we also also needs so
less life uh... out to say you know why is california portent as california goes
so goes the nation
uh... and part of this is a
california's is of course if you look at it and sizes economy the eight
workers that would be kind of busy eighth largest country in the world if
it were country
so so if we can make the serbs reform in california we got a real chance because
we don't have to worry about the filibuster we've got a very strong
activist community
really show uh... uh... examples of how the stuffing
mister
one quick note on that uh...
which the cult says that a free find out who the farmers are there would be
intimidating them
here
their fathers of millions of dollars on intimidating anybody if we find out
about it that's a fairly division in and they know it to in all places a lot of
urea from california
of my favorite was eighty you you prob
those this guys is an anti-corporate
funded by the corporations well if you thought you were going to win in the
american people or on your side which is why would you say it's a pro corporation
prop
because they know that they're not popular and and that if we know who it
is that you know we're going to vote against why i want to take that
questions from everybody has a nice weekend here in about fifteen minutes if
you get lined up there are there that would be great will tell you one of the
uh... at a time
egging expose what time but please please please let's keep it quiet
uh... yeah this is uh... for trevor you listed several things we can do now if
you recommend that
buses individuals contact the federal election committee contact the white
house contact there s a contact the s_e_c_ advocate for the things you
described
sure i think citizen contact is really bible
um... on the f_e_c_ the pressure point is going to be the white house they'll
want to have to realize that this
this any makes a big difference and kit they can do it and that people want them
to do it so i think that i'd start with the f_e_c_
by traversal of questions for you as well
we think about
if we think about a
a constitutional amendment for everything we wanted it being
hundred-percent solutions imagine got everything we wanted
uh... and we take a look at it and the corruption actresses
set up right now
what percentage of the solution
resilient corruption act
giving us is puzzle with asking is what are we leaving on the table that the
amended process
would cover works
i think it gives you a very sizable percentage of the other couple thoughts
there one is that a constitutional amendment
uh...
also deal with the state issues um... at the moment it
by definition a a piece of legislation camp overturn the supreme court
when it's interpreting the constitution so it wouldn't deal with the ability of
corporations to make fully independent expenditures that would still be there
it wouldn't allow states to restrict that
also i think that's an important portents area which were choirs either a
change in the views of the court
and also the just justices who are on it
an amendment that that would be a printable
difference there uh... also
week we don't really know where we are with the
idea that
because individuals
and corporations under speech under uh...
citizens united have the right to make an inventor expenditure is that really
the same as what we've seen which is the super packed phenomenon where
you give your money to a group
and they need to side
who is who they're gonna support
maybe limit a bull under current law we try to do that
and of the american anti-corruption act
if we can't limit that's if unlimited contributions to these outside groups
are permitted doesn't gain only would reach that would be to remember so e it
does a lot of what we want to do with it definitely goes into everything
alright i want to go back and forth here and then a include some questions from
other room as well the
somebody wrote here does money have to equal speech i have heard this aspect
address yet can we change that aspect of the equation
somewhere and you is we don't
if we solve this in the ways that are described so the american
anti-corruption act my view the constitution should be amended to give
congress the power
to limit expenditures a limit contributions
uh... if those two things were there
i don't think we need to and i do think it would be harmful to take the
additional step of saying money is not speech
and the reason for that is in for example los angeles city council can
pass a rule that says
you can only spend fifty dollars to run for the campaign to be a los angeles
city council person i guess there's a city council her its okay con so what
would that what do you have a lot would be eight incumbency protection act in
somebody's
seems to me first amendment right to say no i need to be able to spend money to
be a bit challenge at least in this way would be undermined by that change and
and i don't think we need to threaten that liberty that we all have right now
it if we address the problem in the way that i think we've described shouldn't
trust professor of sex i think from columbia law school rhoda great article
about that and i want to check out
and uh...
and look i i'm a fear of the nuclear option on corporations not being people
of money not being speech is actually a very complicated and something you have
to be careful about
jects and spend
two questions
citizens united took a very narrow case
underwrite very right wing cordova uh... video about
uh... hillary
and louis opt into and massive decision okay
so in your will enhance today is very encouraging on the other hand
this is the same supreme court is not likely to change soon you can change
back again
one of your legislative calculations with revenge or or where where do you
think he was exposed raising q_v_c_ exposed
indefinitely with this kind of court
the second question i have is alan grayson just in the last week to ten
days put through a uh... propose a bill that had a lot of restrictions on
corporate money
legislation side
so could you comment on those as well thank you
i'll start on the move down alban
uh... i i think the
the upper part of the answer is that
uh... it's my sense that
that with this court was taken aback
the five justices in the majority were taken aback
by the national
reaction to citizens united
uh... this is a much bigger case than they had expected
the reaction was was much more negative than they thought
um... i have not read the speech but justice alito apparently gave a talk two
nights ago at the federalist society where he basically said of this is
blown-up in a way we didn't expect
the opponents of this case have done a very good job he said of uh...
regenerating criticism of think is a result of that
what we're seeing at the moment at least is that the courts do not want
in other major confrontation over campaign finance
sim citizens united they have largely been talking these cases where they can
there's there's one in the process now that argues the corporation should have
the same rights as individuals to make direct contributions to candidates
uh...
and the lower courts have said basically that's above our pay grade
uh... we we aren't we we understand the logic of it under citizens united but
the supreme court has to make that decision so it's coming up
i wouldn't be surprised if if they've declined to hear it and left the
their previous agreements in place soaks up
way of saying that you're absolutely right of course this court contains his
mind this court can do things worse than citizens united
but my sense for the moment at least is that they're not looking for that fight
we have drafted the american any corruption act based on current
precedents based on things that this court has said to make it we believe
constitutional
you let me just add emphasize one part of that that
but i think of is the core part to the american into corruption act dentists
are bands is grassroots democracy act is absolutely untouchable
by the supreme court under its jurisprudence even in the recent cases
the court has signaled that it supported brown constitutional these efforts at
that this kind of citizen at work but they call public funding
there's no reason to not move forward with legislation because of your fear of
the supreme court overturning it
mice my way of looking at it if the overturned public funding that would
make my day craig make you happy because sooner than the revolution would be here
that would be the most outrageous
at and it's true all the sort of legislative solutions that we're looking
at work rafting around if the supreme court's recent decisions
maymester princes had paid out of the nine justices said the disclosure is
good
uh... hopefully they would be okay with the sort of really
you know in your face disclosures of the people see was playing political ads in
the disclose at and same thing with public financing solutions arizona maine
and connecticut had
fabulous because clean elections clean money style systems that were put into
place that provided public financing for campaigns in matching funds when they
were outspent by outside groups
supreme court uh... uh...
uh... cutback that part about they left public financing place so we have to be
careful what co end up doing with our proposals
unchanged asked where the money was going in the entire nation media and why
that money goes i think highly encourage you to look at it because my impression
uh... is that there's really no works in particular been deeply in debt for very
long time
and that they now function on a moral asked the fact of the u_s_ system where
with debt ceilings that are controlled by the banks and that bank as the
control whether they continue to receive the funding necessary to support their
enormously inefficient infrastructure and without that they've been solve an
almost instantly uh... that in turn becomes effective subsidy when it comes
around to election time because then the advertising costs go up dramatically
which buffers the year to date balance sheets and makes it look like they're
less debt than they are uh... it also becomes effective handout to the banks
because often those increase rates for a way for them to recoup the interest
that's consulate being paid on the loans they're constantly ballooning just like
with a government my question however the panel uh... regards
sorry it is that i want to get down out but on the
might my question to the panel actually regards going outside the box i really
like to know the grassroots democracy act as a little disappointed in guinea
mention because it involves turning the paradigm unattended sense
uh... in uh... i deleted a uh... reflexive growing trend
uh... or at least a desire trend towards game of the cation uh... in advertising
unification is when you participate in some stupid survey only one aspect that
i for sure no uh... what i'd like to ask
is uh... is use whether you guys believe
that we could benefit
by instead of using uh... the f_e_c_ s_e_c_ things like that
as enforcers of penalties
if using them as in four series
of um... of benefits
would not indy encourage people two-point properly
instead of expecting everybody to do the right thing
and enforcing doing wrong
why are we not expecting everybody to do the wrong thing
and rewarding doing right because it's in the beneficiaries of closed the
others department six ok altogether
started to munich it's kinda complicated question by anyway have an answer
i thought i did utter the words grassroots democracy act many times in a
big supporter of the things are good for this reason it doesn't hurt you create a
different attitudes and so i think you should look at it and support
alright recovery question 'cause it's written
uh... is one panel nervous about hope uh...
is the panel nervous about all putting the quicker constitution to an amendment
that negative closes will be added the to or reform amendment a poison pills a
separate
uh... i can quickly answer that one and that is uh... look everybody square
scared of your convention my god what will happen we might actually change the
system
okay that would be awesome uh... and and beat remember three-quarters of the
states have to ratify
anything
including commandment proposals they come out of a convention
if you don't have an amendment that is enormously popular you have no chance
about it requires the states ratified
there about a minute left i think on steady back
the
immediate
is obviously and final into sending information to the masses to bell admit
necessary and and people to get behind this
as you say earlier that day t_v_ ad spending astronomical at nearly a
billion dollars this year
disenfranchised distance and i think media away from political had spending
but
that's gotta be and major part of the strategy is getting the media into
report on
initiatives and not
and cd enter the car parking highly negative bigger issue
this is a great question so said never thought about
uh... and one way to do it i guess is acting chart was saying is we knew the
u_k_ proposal you know a lot to do to you yet
for you
fertility defense meant they would come here to
david hale seven idea about how to do that
are at one minute left one final question
uh... distant quicktime marina brown question with occupy democracy pasadena
the last eight months they've been actually working on our congressman
schiff who said there's no way snowball's chance in hell that he was
going to any kind of resolution to have a constitutional amendment to slippery
slope we worked on and we turn on turned a thousand signatures in did rallies at
center he finally came up with its jr one one one
my question is with all these moving parts a lot of which i've learned for
the first time to pay we've met with our new congressmen g_a_t_t_ two weeks ago
cheese on board with this
we're meeting with them we want to push them and now i'm not sure how to
articulate what articulate this is very easy week everyone in this room commuter
cause their their rapid you just make an appointment
and you get in there and you start
uh... asking for results and we've done it so we want to know locate there's
always moving parts how do we get this going
when we ask for baggett when we asked for
well i think i agree with that check on i think you should be repeating
interstate routes and i think it would be saying to stay crabs let's begin the
composition of what we take to get
california passed a propos call from a constitutional article five to mention i
think
you know you can do all that but that's one thing we could do that if in fact
that happen that would be a bombshell
and in terms of meeting with your congresswoman
uh... i think you can say uh...
we want you to be prepared to co-sponsor the uh... american any corruption act
when it's introduced
in the meantime we'd really like you to call the white house and say hi i'm a
new member of congress and why in the world
haven't you done something about the f_e_c_
so we think becca and when we didn't win but i think that about one important
port about his act
you can go to the website right now and you can be a comical sponsor of the
strategy the act is they want want there will be one million citizen co-sponsors
before that will be taken back to washington since the quintessential
example of the outsiders strategy for so we need a million co-sponsors before
were allowed to go into the inside so you can begin to spread that
co-sponsoring
of paper petition over there and for my final notice
local winnie when you go talk to your state people about a convention
uh... it's no longer pretty please it's it's actual action
see if they call for convention at the state level convention happens it is not
theoretical it is not maybe is not awareness it's were coming for you
we need change and we're gonna get change and we could do it stayed prices
our faqs excellent health uh... today and thank you for