American Legislative Exchange Council –
- Federal Government and
Corrupt Practices
Independent Analytical Report
VLTP is a non-profit organization working to make legislation transparent at every level of
government. We are dependent upon the contributions, donations and support of our members
and others who make this kind of analysis possible.
To contribute or support us, please visit www.vltp.net where you can make a contribution. You
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By Bob Sloan, Director
© 2011 – Voter’s Legislative Transparency Project Page 1
- About Voter’s Legislative Transparency Project -
VLTP was founded in 2011 by a core group of individuals dedicated to making the crafting,
proposal and enactment of laws transparent. Many of VLTP‘s members have been researching, writing
and blogging about the activities of the American Legislative Exchange Council (ALEC) involving their
writing and dissemination of free market, pro-corporate, ultra-conservative legislation.
Directors and members of VLTP have worked to fully expose ALEC‘s model legislation,
membership and the interference of both with our state and national democratic processes. We have
participated in each Protest, Demonstration, Rally and March against the existence of ALEC and their
corrupting of democracy on behalf of corporate profiteering.
Individually and as members of various groups VLTP members and Directors have written,
blogged and published articles about ALEC and their activities since 2009. Several of the founding
members participated in the ALEC Exposed project published jointly between the Nation Magazine and
the Center for Media and Democracy (CMD) in July 2011. This project and the journalists involved
received the prestigious September 2011 Sidney Foundation Award for ―outstanding piece of socially-
conscious journalism.‖
VLTP goals are:
- Organize and operate a national non-partisan Progressive platform involving tours, town hall
meetings and press conferences to give a unified voice to all Progressive groups, organizations
and candidates
- Expose those involved in lobbying and advancing legislation written by lobbyists and special
interest groups – especially when such legislation is written by or on behalf of corporate interests
- Stop the creation of laws that do not benefit our individual state or federal society as a whole
- Identify and inform the public about ALEC and their funders, enablers and legislation they have
already created and helped pass in our states and Congress
- Support, sponsor and organize voter registration drives to register new voters
- Develop and support web based broadcasting of audio and video coverage of events involving
Progressive and Liberal points of view
© 2011 – Voter’s Legislative Transparency Project Page 2
Contents Page #
Preface - 6-
Introduction - 8-
ALEC Alumni Forum - 10 -.
Federal Forum Task Force - 14 -.
Federal Laws Enacted by ALEC‘s Federal Forum Task Force - 23 -
Influencing and Corrupting the Federal Judiciary - 31 -
Supreme Court Interference - 40 -
Appearances as ‗Friend of The Court‘ to Sway Opinions and Judicial Rulings on Key Issues - 43 -
Institute For Humane Studies – Koch‘s Intern Program(s) - 46 -
Koch Institute Intern Program - 48 -
Institute For Humane Studies – Journalism Internship(s) - 49 -
Charting Relationships - 54 -
Conclusion - 64 –
End Notes - 68 -
Copyright © November 2011 by the Voter‘s Legislative Transparency Project. All rights reserved. Except
as restricted under the United States Copyright Act of 1976, any part of this publication may be
reproduced or distributed in any form or by any means, or stored in a database or retrieval system, with
prior permission of the publisher and author. If republished, distributed or reprinted, proper attribution,
sourcing and acknowledgements to VLTP are required.
Published by:
Bob Sloan, Director
Voter‘s Legislative Transparency Project
7515 Ruskin Place, Indianapolis, Indiana - 46226
(317) 608-3698 - Cell. (317) 400-5674
www.vltp.net
© 2011 – Voter’s Legislative Transparency Project Page 3
Introduction
Introducing the reader to the American Legislative Exchange Council (ALEC), its founders, incorporators
and their initiatives are identified. The agenda of ALEC and the manner in which the organization has
developed and changed over the past thirty nine years is provided. Over the years ALEC created ten (10)
(not 9 as generally believed) Task Forces that encompassed every aspect of legislation. They use these
TF‘s to develop the legislation they want implemented as laws in our states and at the national level.
ALEC Alumni Forum
By 2001 ALEC had a large active membership comprised of state lawmakers and corporate
representatives and lobbyists. They had been successfully developing and implementing legislation at
the state level for more than a quarter century. Many of their members had moved on to positions within
the federal government or had been elected to Congress over the years. In an effort to increase their
successful influence, ALEC began to advance their initiatives at the federal level. To facilitate this, ALEC
created a ―Forum‖ where state (members) and federal (alumni) lawmakers could interact and work to
advance the conservative, free market, pro-corporate initiatives and legislation at the Congressional level.
Federal Forum Task Force
With success brought about at the federal level through their Alumni Forum ALEC created an actual tenth
―Task Force‖ in 2005. This TF was officially co-chaired by two ALEC alumni: one Senator and one House
member. Their duties are to advance the initiatives presented at the state level directly to the U.S.
Congress and to lobby in both Houses on behalf of these issues. They have successfully brought about
the enactment of federal laws through this TF utilizing ALEC‘s numerous alumni and lobbying.
Influencing and Corrupting the Federal Judiciary
Free trips for state and federal judges with pro-corporate seminars given by think tanks, corporate
executives and associates is discussed with links, facts and names involved. Influence upon and
associations with key SCOTUS Justices are divulged. Research reveals more than five hundred judges
have willingly taken these excursions and attended the pro-corporate seminars.
© 2011 – Voter’s Legislative Transparency Project Page 4
Appearances as ‗Friend of The Court‘ to Sway Opinions and Judicial Rulings on Key
Issues
The mechanics of ALEC and their affiliate‘s influence upon court decisions by addressing issues and
presenting arguments directly to Judges through the use of Amicus Briefs is exposed. Some of the
important cases involving federal issues are identified - as are those participating in this.
Institute for Humane Studies – Internship Program
The IHS has been supported by Charles G. Koch since 1985 and is used to secure interns for more than
80 mostly conservative think tanks, foundations, institutes and organizations. IHS provides scholarships
for those with a similar ideology and dedication to a free-market philosophy and assists them with career
job placement(s) through internships, graduate seminars and similar programs,
Institute for Humane Studies – Journalism Internship
In addition to the IHS Internship program described above, they also offer internships and stipends to
those starting a career in journalism and media. These include Broadcast, New (Digital) Media,
Newspaper and Investigative Journalism. Where those internships have been served and links to IHS‘
alumni are provided.
Charting Relationships
Charts utilizing the connections and links between the various conservative groups and organizations with
the funding, influence and associations. Many connections previously unknown to exist are included.
Conclusion
Provides insight into how society is/has been affected by the CABAL that includes Koch money and ALEC
legislation. The author brings the reality of this CABAL‘s vast influence into focus and provides steps to
bring about a reversal of the erosion of our democracy.
© 2011 – Voter’s Legislative Transparency Project Page 5
Preface
As 2011 comes to a close many Americans have exposed. Huge multi-national corporations,
been made aware of the American Legislative private foundations, wealthy and influential
Exchange Council (ALEC). In the past twelve individuals were identified as providing the
months more information about ALEC has come funding necessary to advance an ultra
to the attention of voters than was previously conservative agenda nationwide.
known over the thirty-eight years of ALEC‘s
existence. We learned Charles and David Koch sit at the
top of a long list of ―donors‖ funding ALEC and
Investigative journalists, researchers, bloggers dozens of affiliated institutes, organizations and
and activists worked together to bring ALEC and groups within a large network. Though ALEC
their activities to the forefront of political and most of those network affiliates keep
discussion here in 2011. Americans learned members and benefactor names unpublished,
about the legislative efforts, initiatives and researchers were able to uncover and identify a
manipulations exercised by ALEC here in the large number of ALEC‘s members, enablers and
U.S. over the past four decades. funders.
Voters have been made aware of the inner In July 2011 the Center for Media and
workings and agenda of ALEC; the free market, Democracy released a cache of previously
pro-corporate, conservative neo-con ideologies unpublished ―model legislation‖ written and held
and federalism that serve as core values, beliefs by ALEC. These documents were turned over to
and activities of this nonprofit corporation. an activist (by a whistle blower) in Cincinnati in
April and then provided to CMD for analysis and
The public was also made aware of ALEC‘s publication. CMD established a website where
pursuit of implementing corporate written these documents were made available to
legislation in every state through a vast network professional and citizen journalists, researchers
of conservative state lawmakers, lobbying and and the public. Concurrent with the release of
supporting campaign contributions made by documents several articles were published
those companies and foundations that stand to jointly between CMD and The Nation magazine.
profit from the laws participating legislators Journalists provided an analysis of the ALEC
enacted. documents and how the legislation impacted
upon voters in those states where they became
By mid-2011 those who funneled tens of millions
law.
of dollars into conservative political efforts
advanced by ALEC and their affiliates, were
© 2011 – Voter’s Legislative Transparency Project Page 6
The founders and current members of the involvement with state legislation and their
Voter‘s Legislative Transparency Project are affiliates, VLTP looked at the possibility of this
also members of Daily Kos. We actively network‘s influences at the federal level – and
participated in research, writing and activism beyond our shores.
involving ALEC over the past year – and some of
that research was used in the ALEC Exposed The following analytical report is the result of
investigative project released by CMD and The that research. Our findings conclusively
Nation. demonstrate ALEC is merely one facet of a
larger and more onerous network with tentacles
Some of that early state research indicated the reaching into Congress and overseas. Today
activities of ALEC and the Koch affiliated this CABAL‘s activities and influence are as
network were not limited to just conservative multi-national as the corporate money behind
pursuits at the state level. Applying research them.
protocols we‘d developed in exposing ALEC‘s
© 2011 – Voter’s Legislative Transparency Project Page 7
INTRODUCTION
lawmakers who shared a common belief in
limited government, free markets, federalism,
The Early Years and individual liberty. Their vision and initiative
resulted in the creation of a voluntary
membership association for people who believed
The American Legislative Exchange Council
that the government closest to the people was
(commonly referred to by the acronym ALEC,
fundamentally more effective, more just, and a
was founded in 1973. Founders were a
better guarantor of freedom than the distant,
combination of politicians and activists with
bloated federal government in Washington, D.C.
conservative political ideologies. Three
members formally registered as a 501 (c)(3) Founders had a desire to utilize their talents,
non-profit in Illinois in 1975: influence and positions to advance conservative
ideologies throughout the political spectrum to
1973 ALEC C0-Founders & Powerbrokers
change the face of the American democratic
Paul Weyrich – conservative activist landscape. The intent was to increase
conservative influence in state assemblies and
Lou Barnett – (Reagan‘s 68 Gov. Campaign)
ultimately within the U.S. Congress utilizing the
Henry Hyde House Member (R IL)
position(s) of those such as Buckley, Helms,
John Kasich – House Member (R OH) Crane and Kemp.
Robert Kasten - (R WI)
Tommy Thompson – (R WI) Since the early years ALEC created a revisionist
John Engler – Senator (R MI) history that has erased all references to original
Terry Branstad – House Member (R Iowa) founders; Totten, Lukens and Jenkins from
John L. Buckley – US Sen. (C NY)
1 ALEC annals. The reason for this is the
involvement in later acts of corruption and
Jesse Helms – US Sen (R NC) 2
scandal by Lukens and Jenkins . Lukens was
Phil Crane – US Rep (R IL)
ousted from the U.S. House of Representatives
Jack Kemp – US Rep (R NY) in 1990 after being convicted for having sex with
Original 1975 Incorporators a 16-year-old girl and was later convicted on
bribery and conspiracy charges relating to his
Donald Totten – House Member (R IL) congressional service. In 1984 Jenkins and his
Donald Lukens – Senator (R OH) wife founded a not-for-profit organization,
Woody Jenkins – House Member (D LA) Friends of the Americas; it was later revealed
Together these men formed a bipartisan that former National Security Agency aide Oliver
membership association for conservative state North funneled $125,000 to the group as part of
his effort to aid the Nicaraguan contras.
© 2011 – Voter’s Legislative Transparency Project Page 8
The scandals of Lukens and Jenkins have been become intermingled with the goals of others.
followed by similar scandals involving ALEC Once they opened membership to corporations
members/alumni such as Representative Tom and businesses to attract funding, the primary
DeLay (R TX) and Representative Bob Ney (R goal of these corporate members – profits -
3
OH) (ALEC Alumni) who along with became all important – and began to control
congressional staffers were implicated in the ALEC‘s pursuits.
Jack Abramoff lobbying scandal and sentenced
to federal prison. Former U.S. Representative Today state legislators no longer have overall
Katherine Harris was an ALEC member when control of the agenda of ALEC. Instead control
7
she served as a FL. Representative. She was is shared equally between a Board of Directors
also implicated in the Abramoff/DeLay/Ney (state lawmakers) and a Private Enterprise
8
scandal, having received $6,000 of that money Board consisting of corporate executives and/or
in campaign contributions. Harris has several their representatives and lobbyists. In reality
other scandals in her past from her time as a FL. corporations submit ideas that will enrich their
Representative and active ALEC member .
4 bottom line and lawmakers put those ideas into
a legislative format. With an equal vote the
Former U.S. Representative Mark Foley (R-FL) corporatists and lawmakers then decide whether
who was forced to resign his seat in 2006 due to to adopt the final written legislation as ―model
9
a sex scandal involving interns and bills ‖ or reject it. If adopted that legislation is
5
Congressional pages is an ALEC Alumni. then sent out to the states with the legislators
and proposed as new laws.
The foregoing represents just the top ALEC
alumni who have been involved in corruption Thousands of these model bills have been
and scandals. Many more have fallen to adopted and introduced in every state in the
corruption and scandals over the years. Such is U.S. Hundreds have become law - state by
their belief of being above the law. state. Today we see evidence of their abilities in
Wisconsin, Indiana, Ohio, Maine, Florida and
Today ALEC proudly attributes the formation of several other states in legislation on school
6
ALEC to Weyrich, Barnett, Henry Hyde and a privatization, voter ID legislation, privatization,
―handful of others.‖ Their site has eradicated immigration laws and repeal or elimination of
most references to those members or alumni worker‘s rights, healthcare repeal and collective
involved in scandals, indictments or sent to bargaining.
prison.
The foregoing are activities that have become
Over the years ALEC‘s membership and agenda common knowledge about ALEC through
evolved to what it is today. Though they have articles and the ALEC Exposed project. What
always maintained their purpose to exist is follows are activities that have either escaped
based upon a desire for; ―free markets, limited discovery altogether or were previously not
government, federalism, and individual liberty,‖ attributed to ALEC and their Charles and David
their pursuit of obtaining those goals has Koch funded CABAL.
© 2011 – Voter’s Legislative Transparency Project Page 9
―ALEC Alumni Forum‖
From 1999 through 2006 U.S. Representative steadily growing. In the last year
Dennis Hastert was Speaker of the House. alone, three ALEC members were
Hastert is an ALEC alumnus having been a elected to the U.S. Congress, and
many more are campaigning in the
member during the three terms he served as a
1 2002 election year. Distinguished
state Representative in Illinois. alumni include Assistant Minority
10 Leader Don Nickles (R-Okla.),
In 2001 ALEC created their ―Alumni Forum‖. Speaker of the House Dennis Hastert
This initiative was launched with a specific (Ill.), Majority Whip Tom DeLay
2
purpose in mind: (Tex.), Deputy Majority Whip Mark
Foley (Fl.), and Education and the
―ALEC‘s Alumni Forum is charged with Workforce Committee Chairman John
developing a national forum to Boehner (Oh.).
encourage improved communications ―Health and Human Services
among current and former ALEC Secretary Tommy Thompson and
members. Alumni Forum activities will White House Chief of Staff Andrew
include special investigations and Card are ALEC alumni who were
speaking engagements at major ALEC active members when they were state
events, and joint policy members with legislators."
state and national leaders. . . .
Through the Alumni Forum program, It is possibly more than coincidental that this
ALEC will seek the support of its new ALEC Alumni Forum was first formed
former members in the development concurrently with the election of George Bush as
of reforms that reflect the principles of President. President H.W. Bush spoke to ALEC
the organization at all levels of at the Old Office Building at the White House in
government… 11
1991 on federalism and state rights .
―In addition, nine sitting governors,
including Frank Keating (Okla.), John Accompanying President Bush at that event was
Engler (Mich.) and Bill Owens (Colo.) a future ALEC award recipient, Dick Cheney.
as well as more than 80 Members of Cheney received the Thomas Jefferson
the U.S. House of Representatives 12
Freedom Award from ALEC in 2003 .
and U.S. Senate are former ALEC
members, and these numbers are
1
Important to note is fact that since Hastert‘s
serving as the Speaker of the house, every 2
Republican Speaker since has been affiliated with As with the Speaker – the Majority Leaders have
ALEC (alumni or supporter Boehner and Gingrich). also been ALEC alumni.
© 2011 – Voter’s Legislative Transparency Project Page 10
George Bush followed in his father‘s footsteps And spoke at another ALEC event in 2007:
regarding ALEC once he became President and
took office in 2001. He spoke at and on behalf of
13
ALEC during and after his term as President .
SOURCE: AP/Pablo Martinez Monsivais
(President George W. Bush, left, is introduced by Rep.
Kenny Marchant (R-TX), right, prior to speaking at the
American Legislative Exchange Council in 2007.)
When George Bush came into the Presidency in
14
. January 2001, he brought Donald Rumsfeld
(ALEC Corporate Alumni) and John Ashcroft
He also received ALEC‘s Thomas Jefferson
with him as his Secretary of Defense and
Freedom Award in 2005:
Attorney General. Ashcroft in turn brought with
him one of his Congressional staffers, Andrew
3
Schauder and made him a Deputy Attorney
General.
At the time Ashcroft assumed the yoke of the
Department of Justice, it was prosecuting the
largest case of environmental contamination in
the history of the department. This was the case
against Koch Industries involving a 97-count
federal indictment charging it with concealing
illegal releases of 91 metric tons of benzene, a
known carcinogen, from its refinery in Corpus
Christi, Texas. Koch was looking at three
hundred and fifty million dollars in fines, and four
Koch employees faced up to thirty-five years in
15
prison .
3
Schauder is important to ALEC‘s federal
influence as will be shown further on in the Report.
© 2011 – Voter’s Legislative Transparency Project Page 11
Two days prior to the trial of Koch and their had with Koch dating back to ALEC‘s 1987
executives, Ashcroft dropped 88 of the charges, event, the campaign contributions to President
issuing a settlement and plea bargain, in which Bush or through the influences exerted by the
the company pled guilty to falsifying documents. newly formed Alumni Forum - is unknown.
All major charges were dropped, and Koch and However each, present an appearance of
Ashcroft settled the lawsuit for a fraction of the impropriety in such a huge case against one of
$350 million they should have paid. All charges ALEC‘s most influential corporate members.
that could have sent the Koch executives to This also wasn‘t the end of the Koch/Bush
prison were dropped with that agreement. association regarding our environment and EPA
regulations.
What was unknown at the time was that Ashcroft
– though never serving as a state legislator – had Two years following the deal with Koch
an association with ALEC and Koch Industries. Industries, President Bush successfully
In 1987 after serving as Missouri‘s Attorney appointed a Koch employee, Alex Beehler, as
General, Ashcroft became the Governor of assistant deputy under secretary of defense for
Missouri. That year ALEC selected the city of Environment, Safety and Occupational Health.
Milwaukee, WI. to host their annual summit. Co- Beehler was previously Koch Industries' director
chairs of that event were ALEC member Rep. of environmental and regulatory affairs and
Donald Stitt (R WI), ALEC founder, Rep. Donald concurrently served at the Charles G. Koch
E. Lukens (R-Oh) and MO. Governor John Foundation as vice president for environmental
16 17
Ashcroft . projects and was in that position at the time the
DOJ was prosecuting Koch (according to his
In 1987 Koch Industries was an ALEC member 18
professional resume) . Beehler was later
and present at the Summit in WI. There are nominated and re-nominated by the Bush White
hundreds of links on the Internet to this particular House, to become the U.S. Environmental
case involving Koch and Ashcroft but none of 19
Protection Agency's Inspector General , but
them mention the earlier involvement of Ashcroft Senator Barbara Boxer was successful in
with ALEC and Koch and the possibility that opposing that appointment .
20
such a relationship may have figured into the
21
prosecution in the latter case. Beehler‘s biography reveals he was not only a
Koch employee but was also a former DOJ
In Michael Moore‘s book, ―Stupid white men --
attorney:
and other sorry excuses for the state of the
nation!‖, Moore points out that the Koch‘s ―… Mr. Beehler maintains a strong
contributed $800,000 dollars to the Bush and background in federal environmental
other Republican campaigns – but failed to policy having served in the
discover the 1987 ALEC/Koch/Ashcroft Department of Justice as a senior
connection. trial attorney for environmental
enforcement and at the
Whether the leniency offered to Koch Industries Environmental Protection Agency as
a special assistant for legal and
by Ashcroft in 2001 was due to a relationship he
enforcement counsel.‖
© 2011 – Voter’s Legislative Transparency Project Page 12
Another deputy AG during the Koch prosecution for the American Legislative
in the early 2000‘s was the previously mentioned Exchange Council (ALEC), the
Andrew W. Schauder. From 2001 to 2004 nation‘s largest non-partisan,
Schauder served at the U.S. Justice Department
individual membership organization
of state legislators. He created and
as Special Assistant to Ashcroft in various managed a federal outreach
capacities including in the Office of Legal Policy, program that increased the visibility
the Office of Legislative Affairs, and the Office of and effectiveness of the
Intergovernmental and Public Liaison .
22 organization and its members.
Andrew built unprecedented levels
of participation and engagement
Schauder was recruited from DOJ in 2005 by
between ALEC‘s public and private
ALEC as the creator and first Director of the sector members and Congress.
23
Federal Forum Task Force .
―From 2001 to 2005 Andrew served
―Andrew Schauder has 10 years of at the U.S. Justice Department as
experience developing and Special Assistant to the Attorney
maintaining strategic relationships at General in various capacities
the federal, state and local levels to including in the Office of Legal
meet the goals of senior government Policy, the Office of Legislative
officials as well as private sector Affairs, and the Office of
companies. Intergovernmental and Public
Liaison.‖
―Andrew served as Acting Chief of
Staff and Deputy Chief of Staff at With the hiring of Schauder, ALEC renamed the
the U.S. Department of Labor under ALEC Alumni Forum, turning it into their ―Tenth
Secretary Elaine L. Chao. His job Task Force‖ and through alumni increased
included managing and directing involvement at the U.S. Congressional level.
4
policies and programs at the $11
billion cabinet agency that achieved
record results in protecting the
health, safety, wages, and
retirement security of the nation‘s
workforce. Andrew was a member of
the Management Review Board and
chairman of the grants review team.
―Prior to joining the Office of the
Secretary, Andrew managed
strategic relationships with 4
After leaving the DOL Schauder moved to the
Department of Labor stakeholders private sector as a lobbyist for Ashcroft‘s DC
including state and local legislators, Lobbying firm. He now works/lobbies for American
governors, mayors and membership Traffic Solutions and in that capacity attended
organizations as the Senior ALEC‘s 2011 Annual Meeting and was successful
in getting ALEC‘s members to approve model
Intergovernmental Officer. legislation beneficial to American Traffic Solutions:
http://www.sourcewatch.org/index.php?title=Andre
―Before his tenure at DOL, Andrew w_Schauder
was the Director of Federal Affairs
© 2011 – Voter’s Legislative Transparency Project Page 13
―Federal Forum Task Force‖
In 2005 ALEC determined they would ―upgrade‖ Force was charged with carrying forward ALEC‘s
the Alumni Forum and rename it the ―Federal initiatives to the federal legislative members of
Forum‖. In late 2005 they published a first issue Congress:
24
of the Federal Forum and disseminated it to
their Congressional alumni. ―Due to the success of ALEC
legislative leaders in the states, their
Through this document – referred to as a guide - careers are expanding beyond the
ALEC provided their alumnus with the initiatives
state legislature. ALEC has
developed a program for its alumni
they are pursuing at the state level and provided members: the ALEC Federal
them with pre-written arguments/instructions on Forum. The focus of the Federal
how to pursue the same initiatives at the federal Forum is to build a productive
level. bipartisan working relationship
among current and former ALEC
There can be no doubt about ALEC‘s intent members at all levels of
through this tenth Task Force as the opening government. Serving as Federal
statements by their top alumni, Speaker Dennis Forum Co-Chairmen, Senator
George Allen and Congressman
Hastert and Mark Green inform:
Mark Green continue their
dedication to ALEC‘s mission at the
"The members of ALEC are true federal level. Bringing state
pioneers in advancing common- legislative leaders into contact with
sense, conservative ideas. For 30 their congressional counterparts is
years many of these ideas have the cornerstone of the Federal
transcended from state capitols to Forum—enabling ALEC members,
Washington." both state and federal, to secure
-- Speaker Dennis Hastert, ALEC and protect a sound and balanced
alumnus government.
―ALEC is an organization of state ―In ALEC‘s continued service and
legislators and state leaders, and it assistance to its state and federal
is fiercely proud of its mission, but I members, this guide serves as a
have come to believe, as some of reference to ALEC‘s congressional
my colleagues have as well, that priorities, state legislative action,
ALEC must develop a new stronger and policy experts, all based on the
presence on the federal level." Jeffersonian principles of free
markets, individual liberty, and
-- U.S. Congressman Mark Green, limited government.‖
ALEC alumnus
The initiatives they wanted pursued at the
The Co-Chairs chosen to lead this Task Force
federal level in 2005-2006 were provided in this
were ALEC‘S alum; U.S. Rep. Mark Green and
Guide and given as Presidential Initiatives ALEC
U.S. Senator George Allen. Again, the
supported:
Executive Summary leaves no doubt this Task
© 2011 – Voter’s Legislative Transparency Project Page 14
PRESIDENTIAL INITIATIVES SUPPORTED BY ―Supporting the USA PATRIOT Act
ALEC MEMBERS
―Supporting No Child Left Behind (NCLB)
―Establishing and Maintaining Health Savings
Accounts ―Medical Malpractice Liability Reform Act
―Providing Health Savings Accounts for State ―Class Action Improvements Act
Employees
―Supporting the Clear Skies Initiative
―Providing Health Savings Accounts for Tax
―Urging/Supporting Tax Cuts and Repealing
Credits
Taxes
―Medicaid Reform; Providing for and Supporting
―Supporting ANWR‖ (Artic National Wildlife
Medicaid Waivers
Reserve)
―Supporting HIFA Waiver (Healthcare info for all
―Supporting Offshore Drilling
―Supporting BRAC (Base Closure and
―Supporting President's position on the Kyoto
Realignment Commission)
Protocol‖
―Providing for Public Education on High-
ALEC instructed the alumnus to pursue in
Deductible Health Plans
Congress, specific model legislation and
―Urging/Supporting Federal Balanced Budget initiatives developed by the other nine (9) state
Amendment Task Forces that included corporate members:
―Urging Repeal/Abolishment/Amendment of ALEC MODEL LEGISLATION AND
Federal Estate Tax RESOLUTIONS ENCOURAGING
JEFFERSONIAN PRINCIPLES AT THE
―Supporting Personal Retirement Accounts FEDERAL LEVEL
―Supporting Federal Enforcement of Immigration ―Resolution on Congressional Mandates &
Laws Defective-Product Liability Protection
―Exempting Health Savings Account Monies ―Resolution Supporting Expansion of Foreign
from Creditors Markets for America‘s Small Businesses
―Abolishing/Repealing Death Tax ―Resolution Urging Congress to Modernize
Social Security with Personal Retirement
―Support of Free Trade - Taiwan Accounts
―Support of Free Trade - CAFTA ―Resolution Opposing Federal Intervention in
Insurance Regulation
―Social Security Reform
© 2011 – Voter’s Legislative Transparency Project Page 15
―Resolution Urging Congress Not to Amend or ―Resolution Supporting the Private Ownership of
Repeal the McCarran-Ferguson Act Property
―Resolution in Support of the USA PATRIOT Act ―Resolution on Environmental Laboratory
Privatization
―Defense of a Free Market and Public Safety
Resolution ―Resolution on Local Jurisdiction Consent of
National Monument Designation
―Individuals with Disabilities Education Act
Resolution ―Federal TABOR Resolution (Taxpayer Bill of
Rights)
‖ Resolution Calling for Reform in the FDA
―Internet Taxation Resolution
―Resolution Concerning the Prohibition of
Imported Prescription Drugs ―Resolution in Favor of a Federal Flat Tax
―Resolution on Federal Health Insurance Reform ―Resolution in Favor of a U.S. Constitutional
Legislation Amendment on Judicial Taxation
―Resolution on Quality Managed Care in a ―Resolution on State and Local Business Activity
Litigious Marketplace Taxes
―Resolution Supporting Private Market Initiatives ―Resolution Opposing the United Nations Drive
for Children‘s Health Insurance for Global Taxes
―Resolution Urging Congress to Create Private ―Resolution to Repeal the Federal Unified Gift
Financing of the Medicare Program and Estate Tax
―Reverse Mortgage Enabling Act ―Resolution Urging Congress to Aid State Tax
Reform
―Resolution in Support of the Healthy Forest
Initiative ―Resolution Urging Congress to Reject
Authorization of the Streamlined Sales Tax
―Resolution on Reform of New Source Review Project
Regulations
―Resolution Supporting Pro Consumer Public
―Resolution in Opposition of Carbon Dioxide Policy for Voice, Video, and Data Services
Emission Standards
―Resolution on United States Encryption Export
―Resolution Encouraging Development of Restrictions
Liquefied Natural Gas
―Resolution Opposing Government Intervention
―Resolution on Renewable Energy Resources in in the Multichannel Video Programming
a Competitive Electricity Marketplace
© 2011 – Voter’s Legislative Transparency Project Page 16
―Resolution on States‘ Rights; Vehicle Weight Welfare Reform Reauthorization
and Size Regulations
As if this weren‘t enough for the alumnus to
―Resolution on the Federal Highway Trust Fund pursue at the Congressional level, ALEC came
up with a ―Liberty Agenda‖ for the alumni to also
―Resolution on Federal Trade Promotion advance:
Authority
AGENDA FOR LIBERTY
―Resolution on the Use of Transportation Taxes
LOWER TAXES & LIMITED GOVERNMENT
―Resolution on Unilateral Trade Sanctions
Tax and Expenditure Limitation Act
―Resolution to Repeal the Non-Transportation
Commission on Economy and
Federal Fuels Tax
Productivity in State Government Act
―Statement of Principles on Federally Mandated Truth in Spending Act
Blood Alcohol Level‖ Efficiency in Government Act
Sales and Use Tax Collection Protection
The foregoing represents a long wish list Act
advanced by corporate interests through ALEC State Internet Tax Freedom Act
at state levels and through the Federal Forum Healthcare Reform
Task Force directly into the U.S. Congress. Health Savings Account Act
Health Care Tax Relief and Equity Act
In addition to the foregoing legislative initiatives,
ALEC also instructs their alumnus on specific High-Risk Health Insurance Pool Model
Policy Issues they wanted pursued at the federal Act
level – and provided them with the arguments to Medicaid Consumer Directed Care Act
use:
ENERGY SUSTAINABLILITY
POLICY INITIATIVES – FEDERAL
Verifiable Science Act
Federal Tax Relief & Reform Power Plant Siting Act
Medicaid Reform State Regulatory Responsibility Act
Energy Sustainability Conditioning the Regulation of Non-
Access to Public Lands Pollutant Emissions on Science
Tort Reform - Asbestos Electricity Transmission Principles
Lawsuit Abuse Reduction Act (LARA) A Resolution Encouraging Development
Free Trade of Liquefied Natural Gas
Commonsense Consumption Act EDUCATION REFORM
School Choice, Individuals with
Disabilities in Education Act (IDEA), and Alternate Certification Act
No Child Left Behind Act (NCLB) Charter Schools Act
© 2011 – Voter’s Legislative Transparency Project Page 17
Family Education Tax Credit Act Andrew W. Schauder
Parental Choice Scholarship Act (202)466-3800 x 287
aschauder@alec.org
Special Needs Scholarship Act
Virtual Schools Act CIVIL JUSTICE
DISORDER IN THE COURT Kristin Armshaw
Task Force Director
Private Attorney Retention Sunshine Act (202)466-3800 x 265
Appeal Bond Waiver Act karmshaw@alec.org
Class Action Improvements Act
Victor Schwartz
Legal Consumers Bill of Rights
Task Force Private Sector
Jury Patriotism Act Chair & Advisor
Commonsense Consumption Act Shook, Hardy & Bacon
Intrastate Venue Shopping Reform Act
Commonsense Scientific and Technical Barry Bauman
Task Force Advisor
Evidence Act
Lawyers for Civil Justice
Constitutional Limits on Punitive
Damages Act Bob Williams
Asbestos and Silica Claims Priorities Act Task Force Advisor
Evergreen Freedom Foundation
If the alumni had difficulty pursuing the foregoing
initiatives and agenda, ALEC provided them with CRIMINAL JUSTICE
contact information for ―Policy Experts‖ who also
provide expert testimony to the U.S. Congress.
Trevor Martin, Task Force Director
(202) 466-3800 x 253
Here is a list of the ALEC personnel and tmartin@alec.org
affiliates they were instructed to contact for more
information or assistance (Bold indicates Geoffrey Segal
affiliates of Koch): Task Force Advisor
Reason Public Policy Institute
EXECUTIVE DIRECTOR
COMMERCE, INSURANCE,& ECONOMIC
Duane Parde DEVELOPMENT
(202) 466-3800 x 241
dparde@alec.org Trevor Martin, Task Force Director
(202) 466-3800 x 253
DIRECTOR OF LEGISLATION & POLICY tmartin@alec.org
Sandy Liddy Bourne Adrian Moore
(202) 466-3800 x 245 Task Force Advisor
abourne@alec.org Reason Public Policy Institute
DIRECTOR OF FEDERAL AFFAIRS EDUCATION
© 2011 – Voter’s Legislative Transparency Project Page 18
Lori Drummer, Task Force Director HEALTH & HUMAN SERVICES
(202)466-3800 x 251
ldrummer@alec.org Christie Raniszewski Herrera,
Task Force Director
Robert Enlow (202)466-3800 x 202
Task Force Private Sector christie@alec.org
Chair & Advisor
Sue Blevins,
Milton and Rose D. Friedman Foundation
Task Force Advisor
Institute for Health Freedom
AMERICAN LEGISLATIVE EXCHANGE
COUNCIL Bob Moffit,
Task Force Advisor
Rep. Scott Jensen (WI), The Heritage Foundation
Task Force Advisor
Alliance for School Choice Richard Teske,
Task Force Advisor
Dr. Richard Vedder,
Task Force Advisor TAX & FISCAL POLICY
Ohio University
Michael Keegan,
TRADE & TRANSPORTATION Task Force Director
(202)466-3800 x 266
Trevor Martin, mkeegan@alec.org
Task Force Director
(202) 466-3800 x 253 Chris Atkins,
tmartin@alec.org Task Force Advisor
Tax Foundation
Robert Poole,
Task Force Advisor Dr. Richard Vedder,
Reason Public Policy Institute Task Force Advisor
Ohio University
NATURAL RESOURCES
TELECOMMUNICATIONS & INFORMATION
Daniel R. Simmons,
TECHNOLOGY
Task Force Director
(202)466-3800 x 229
Michael Keegan,
dsimmons@alec.org
Task Force Director
(202)466-3800 x 266
Sallie Baliunas,
mkeegan@alec.org
Task Force Advisor
Tech Central Station
Adam Thierer,
Task Force Advisor
Marlo Lewis,
Progress & Freedom Foundation
Task Force Advisor
Competitive Enterprise Institute
© 2011 – Voter’s Legislative Transparency Project Page 19
Jim Glassman, not been successfully implemented at the
Task Force Advisor federal level are still being pursued by ALEC‘s
American Enterprise Institute alumnus.
Kent Lassman, These alumni were in effect acting on behalf of
Task Force Advisor ALEC in these pursuits. Though they were not
Progress & Freedom Foundation
declared as ―card-carrying‖ ALEC members,
HOMELAND SECURITY WORKING GROUP they were just that. ALEC‘s own by-laws and
charter prohibited involvement at the federal
Sandy Liddy Bourne, level by members – as do the Ethics Rules of
Working Group Advisor both houses, yet through the Federal Forum they
Director of Legislation have intentionally ignored all the rules and
and Policy provisions against such involvement.
(202)466-3800 x 245
abourne@alec.org
A matter that exacerbates these prohibited
It was not simply the professional personnel at activities is the ability to carry the agenda and
ALEC the alumni were to contact for advice, initiatives of outside, non-governmental
guidance or help with pursuing the issues at the organizations right into the halls of Congress.
federal level. They were instructed to contact Most of these are founded, funded or both by
individuals with the Progress and Freedom Charles and David Koch or their numerous
Foundation, American Enterprise Institute, Tax ―foundations‖:
Foundation, the Heritage Foundation, Reason
Charles G. Koch Charitable Foundation
Foundation and Reason Public Policy Institute,
David H. Koch Charitable Foundation
Competitive Enterprise Institute, Milton and Fred C. and Mary R. Koch Foundation
Rose D. Friedman Foundation, Alliance for Claude R. Lambe Charitable Foundation
School Choice and of course Victor Schwartz Koch Cultural Trust
head of the lobbyist group at Shook Hardy and
Bacon Obviously all of these named think tanks, Which are all held under the Koch Family
25
foundations and institutes are conservative. Foundations .
The foundations, institutes and individuals the
More importantly they all receive funding from
alumni are referred to are all known to be
Koch‘s family foundations and his moneyed
associated with the Koch brothers and their ultra
affiliate foundations – and, Koch provides paid
conservative ideology and pursuits. Below is a
interns to all of those just named entities, and
list of those organizations, institutes and think
dozens more (as shown elsewhere in this
tanks funded with Koch and their affiliate‘s
Report).
money:
Looking at the issues, initiatives, agenda,
Alex C Walker Educational & Charitable
policies and pursuits provided to the alumnus Foundation
through the Federal Forum Task Force, our American Council of Trustees and
research reveals that most of these which have Alumni
© 2011 – Voter’s Legislative Transparency Project Page 20
American Legislative Exchange Council Federalist Society
Atlas Economic Research Foundation Free to Choose Network
Ajax Foundation Galen Institute
Bill of Rights Institute George C. Marshall Institute
Center for Excellence in Education George Washington University
Foundation for Research on Economics Regulatory Studies Center
and Environment (FREE) Hudson Institute
Fund for American Studies Independent Women's Forum
Heritage Foundation John Locke Foundation
Institute for Energy Research John William Pope Center for Higher
Institute for Humane Studies (Geo. Education
Mason University) Mackinac Center for Public Policy
Mercatus Center at George Mason Network For Teaching Entrepreneurship
University (pg. 9)
National Center for Policy Analysis Philanthropy Roundtable
National Federation of Independent State Policy Network
Business Legal Foundation Victims of Communism Memorial
National Taxpayers Union Foundation Foundation
Reason Foundation Washington Legal Foundation
Students for Liberty Youth Entrepreneurs Kansas
Bluegrass Institute for Public Policy
Solutions Much of the legislation and resolutions the
Foundation for Economic Education alumni were instructed to pursue are/were
Foundation for Individual Rights in financially beneficial to not only the Koch
Education brothers (personally), but to ALEC‘s corporate
Illinois Policy Institute membership; ExxonMobil, AT&T, Koch
Jack Miller Center Industries, PhRMA, GlaxoSmithKline, Johnson
John W. Pope Civitas Institute
and Johnson, their Insurance company
John William Pope Foundation
members, etc. Not only is Koch‘s interests and
Lucy Burns Institute
Sam Adams Alliance that of the corporate members assisted through
South Carolina Policy Council this Federal Forum, but also other Conservative
Texas Public Policy Foundation ―foundations‖ which help fund the foregoing list:
Acton Institute
American Enterprise Institute
American Spectator Foundation
Americans for Tax Reform Foundation
Boys and Girls Club of South Central
Kansas
Cato Institute
Center for College Affordability and
Productivity
Commonwealth Foundation
Competitive Enterprise Institute
© 2011 – Voter’s Legislative Transparency Project Page 21
Lynde and Harry Bradley Foundation, ExxonMobil Foundation,
Scaife Foundations, GE Foundation,
John M. Olin Foundation, Inc.,
The importance of these affiliated foundations,
M.J. Murdock Charitable Trust, institutes and organizations which fund and
Castle Rock Foundation, enable ALEC is shown in the subsequent
JM Foundation, sections.
Richard and Helen DeVos Foundation,
© 2011 – Voter’s Legislative Transparency Project Page 22
Federal Laws Enacted by ALEC‘s Federal Forum Task Force
Research we have completed identifies two (2) demonstrators to be jailed and in many cases
important pieces of federal legislation which sent to prison for their actions.
have been enacted since the Federal Forum
was created; The Animal Enterprise Terrorism Because this legislation sought to diminish
Act 5(AETA, S. 1926 and H.R.4239 – 2005). This citizen‘s rights to protest and demonstrate under
legislation amends the Animal Enterprise the 1st Amendment, there was a lot of resistance
Protection Act of 1992.
26
The second piece of to the proposed law. Sponsors issued fact
legislation is the Postal Accountability and sheets trying to assure fellow lawmakers and
Enhancement Act (H.R. 6407 - 2006). voters alike that the threats to 1st Amendment
29
rights were a ―myth‖ .
In each case ALEC model legislation was
proposed in both Houses by ALEC By the time this legislation advanced through
Congressional alumni and the House rules Congress, seven additional ALEC Alumni in the
30
manipulated to allow for passage and both were house signed on as co-sponsors. The driving
subsequently signed into law by President Bush. force behind AETA was the Animal Enterprise
Protection Coalition (AEPC) founded by the
In the AETA legislation, ALEC Alumni Senator National Association of Biomedical Researchers
James Inhofe introduced this legislation to (NABR). This AEPC was created specifically to
27 31
amend the existing law, in October 2005. This support ALEC's legislation by NABR.
federal legislation is based upon ALEC‘s 2003
Model Legislation titled Animal and Ecological The AEPC Members included corporate
Terrorism Act (AETA)6.28 In the House the bill pharmaceutical powerhouses like PhRMA,
was sponsored by Republican WI. Rep‘s Tom Pfizer, Wyeth, GlaxoSmithKline, and industry
Petri and James Sensenbrenner. groups like the Fur Commission and National
32
Cattlemen‘s Beef Association. The coalition
The purpose of this legislation was to restrict was put together by NABR and its members
activists from interfering with companies or specifically to advance this one piece of
research facilities using animals for experiments, legislation and was disbanded once the
biomedical and pharmaceutical research. It legislation passed.
would provide stiff penalties for any activism in
support of animal rights and allow protesters and Through several of these members, additional
ties to ALEC were discovered. PhRMA
GlaxoSmithKline and Pfizer are long time
5
members of ALEC and currently sit on their
For comprehensive study on AETA visit 33
http://www.animallaw.info/journals/jo_pdf/lralvol14_ Private Enterprise Board. Also other ALEC
1_53.pdf corporate members including GSK, Pfizer,
6
Due to our inquiries to ALEC in our research, all Johnson and Johnson and Bayer are members
reference to this model legislation has been 34
removed from ALEC‘s website within the past 30 of PhRMA further solidifying the connections.
days
© 2011 – Voter’s Legislative Transparency Project Page 23
AETA was advanced through the House and legislation and it passed. The Senate led by
was placed on a ―Fast Track‖ (suspending the Sen. Inhofe passed the legislation unanimously
House rules), meaning there was mutual support and President Bush signed it into law within
from both parties. The time for discussion on the days.
Bill would be limited and no amendments could
be attached to the legislation. Fast tracking also Because of the way this was accomplished in
provides for an immediate vote following the the House, Kucinich was the only member voting
conclusion of the discussion period and for against it.
passage upon a favorable vote of a two thirds
In this manner five (5) out of the 435
majority of those members present at the time of
Representatives in the House passed this, the
the vote.
Congressional Record has no information on the
On Monday, November 13 it was announced members present for the vote – or how each
matters on the suspension calendar would be voted. The names of the members voting to
taken up that evening at 6:30 p.m. Instead, at pass the bill – beyond Petri and Sensenbrenner
around 3:00 in the afternoon, Representative are lost to history.
Phil Gingrey approached the House Clerk with a
___________________
message from Speaker Hastert. The note
announced that Hastert had authorized Gingrey The following year a similar event occurred
to serve as Speaker Pro Tempe and the House involving the previously mentioned Postal
came to order under Gingrey's authority as the Accountability and Enhancement Act (H.R. 6407
temporary Speaker. Rep. Sensenbrenner - 2006). HR 6407 combined H.R. 22 and S. 662.
maneuvered all of the "fast tracked" legislation However this legislation had a longer and more
scheduled for 6:30 PM to be heard in the middle difficult road to passage. This legislation
of the day, including the AETA bill. actually began in 1996. The ―Point man‖
identified as being the Republican led voice
Speaker Hastert - an ALEC Alumni - assisted
behind HR 6407 has been identified as Rep.
Representative Phil Gingrey, - an ALEC Alumni - 36
John McHugh (R NY) . McHugh is an ALEC
to circumvent the house schedule. Further 37
Alumni and first introduced Postal Reform
Gingrey then served as the enabler to 38
legislation in 1996: H.R. 3717 and worked for
Sensenbrenner who arranged for 4 of the bill's
over ten years to bring this legislation to fruition
supporters to be present. At the time of the vote
35 through passage of HR 6407 in December 2006.
there were only six representatives present.
From 2003 through passage of HR 6407 in
Rep. Dennis Kucinich was present and argued
2006, the Koch/ALEC CABAL worked diligently
against the legislation and tried to get the
publishing articles in favor of privatizing the
Speaker Pro-Tempe and Sensenbrenner to wait
USPS.
until the scheduled time for the discussion to
vote on the Bill, to no avail. Within minutes CATO‘s Economic Policy Analyst, Tad DeHaven
Gingrey called for a vote on AETA and of the six wrote an article on behalf of the National
(6) members present, five (5) voted for the
© 2011 – Voter’s Legislative Transparency Project Page 24
39
Taxpayers Union for the Econ Journal USPS operates parcel delivery
40
Watch; services that compete with private
parcel services.”
―We could go on at length as to the
potential benefits from privatization ―For example, privatization of the
of USPS and the creation of USPSI USPS and repeal of its monopoly
(U.S. Postal Service, Inc.)…‖ (citing would bring major innovation to the
Economists MICHAEL A. CREW mail industry, just as the 1980s
AND PAUL R. KLEINDORFER).‖ breakup of AT&T brought innovation
to the telecommunications
The NTU is a recipient of Koch funding as industry…‖
41
reported by TPM, quoting Sourcewatch.
―The federal government operates
Also in 2005 the NTU issued another ―memo‖ on numerous business enterprises that
could be converted into publicly
the USPS: ―First-Class to Nowhere: Congress‘s
42 traded corporations, including
Second-Rate Postal Reform Bill‖; USPS, Amtrak, and a number of
electricity utilities…The way ahead is
―USPS does not have to pay most to privatize the USPS and repeal the
taxes and is exempt from most of mail monopoly that it holds…‖
the regulations that burden truly-
commercial firms. Even so, these ―…It is time to privatize the USPS
businesses are able to operate more and repeal the government
efficiently and more profitably than monopoly on mail.‖
the Postal Service. USPS was In the same year, the Reason Foundation filed a
created at a time when no private
similar document, titled ―Annual Privatization
entity was willing or able to deliver 44
mail across a developing nation. Report‖ that provides:
Now that we have capable private
organizations eager to do so, USPS ―The federal government operates
should be contracting in size and numerous business enterprises that
mission. Legislation that encourages could be converted into publicly
traded corporations, including the
a government monopoly to instead
USPS, Amtrak, and a number of
expand into new and competitive electricity utilities…Moving forward
markets is misguided, to say the calls for privatizing USPS and
least.” repealing the first-class mail
monopoly that it currently holds…the
Simultaneously the CATO Institute published USPS suffers from a high wage
―Downsizing the Federal Government‖ by Chris premium (it pays an estimated 21.2
43
Edwards . In this document Edwards is again to 35.7 percent more than would a
promoting privatization of USPS; comparable private sector employer,
which represents 12 to 20 percent of
―In other industries, the federal total costs) and low productivity
government needlessly duplicates increases (only 9.2 percent from
services that are already available in 1970 to 1999).‖
the private sector. For example, the
© 2011 – Voter’s Legislative Transparency Project Page 25
Heritage, Cato, NTU and Reason claims have committees, who in turn donated
one theme in common; the USPS is a money and office space to Mrs.
―monopoly‖, run by the U.S. Government. With Davis; $55,616 from the National
billions in annual sales, this is seen as a ripe
Republican Congressional
Committee when her husband was
target for profiteers once they break the barriers Chair, $5,000 from the Republican
to privatization (like their pursuit of the $2 trillion Main Stream Partnership, and
in equity in senior homes through ALEC‘s $5,000 from Tom Delay's ARMPAC.
Reverse Mortgage Act).
Tom Davis established and used ALEC and the
To privatize they had to first make it appear the Cabal to advance his career in politics and
agency was floundering, unable to generate personal life – after he resigned from the House
revenue and in general was ―bad‖ for the in 2008. Together Tom Davis and his wife was
47
American consumer. Once they accomplished quite a pair in politics and business;
that through rhetoric, published reports by ―on
―Davis's second wife, Jeannemarie
the payroll Economists‖, they had to in effect Devolites-Davis, was one of the first
make the USPS actually start losing money. hires (as a part-time consultant) for
They decided to do this by forcing the agency to ICG, a firm that assists businesses
begin to ―fund forward‖ pension benefits. in obtaining government contracts.
Their financial relationship, along
Sponsor of HR 6407 legislation was Virginia‘s with financial ties that benefit family
Representative, Tom Davis (R-VA 11th)
45
. members of 64 of the 435 voting
Davis‘ family and political history is closely tied
members of Congress, was
highlighted in the June 2007 ethics
to ALEC/Koch. His wife, Jeannemarie Devolites report, "Family Affair" by the
Davis was a Virginia Politician serving as a state Citizens for Responsibility and
Senator and a member of ALEC. Her political Ethics in Washington.
campaigns (3) for Virginia‘s Senate was funded
At ICG, Ms. Davis is now a Partner and last year
by husband Tom Davis and various Republican
was appointed by Virginia Governor McDonnell
PACs including the former Majority Leader and 48
46 as Virginia‘s Liaison Office (Washington D.C.) .
ALEC Alumni Tom Delay through his ARMPAC:
She is instrumental in coordinating conferences
―A large percentage of her financial that bring together key government and industry
support is contributed from her executives for substantive discussions of
husband, Tom Davis, and the government management and information
Republican organizations he directs. sharing, and consulting with government
Before Virginia's 2007 election contracting clients in both the federal and state
cycle, his PACS had donated more sectors. Additionally, she is a featured speaker
than $172,000 to her campaign. In
on subjects of intergovernmental relations; state
addition, she has received
contributions from National policy and political processes; and management
Republican organizations directed of technology and health enterprise, both
by Mr. Davis including $300,000 to nationally and internationally.
the Fairfax and Prince William's
counties Republican Party
© 2011 – Voter’s Legislative Transparency Project Page 26
After leaving office Tom Davis joined Deloitte from; UPS ($22,168), Verizon, ($15,221), AT&T
Consulting in their Washington, D.C. office ($12,000), GlaxoSmithKline ($11,999) and
54
taking his place beside ALEC alumni, Tom MBNA Corporation ($85,250) . Tom Davis‘
49
Ridge . Davis currently serves as President and reported contributions on Open Secrets also
CEO of the Republican Main Street Partnership reflect receipt of funding by some of the same
and also started teaching a class at George corporate benefactors.
Mason University (another frequent recipient of
50
millions in Koch funding ), teaching "Southern MBNA Corp is the nation‘s top credit card
Politics" in the 2008 Fall Semester. GMU is company and one of the world‘s biggest finance
recipient of large Koch contributions: companies. The company was also the biggest
campaign contributor to the Bush-Cheney ticket
―Since 1985, George Mason during the 2000 election cycle and has been one
University (GMU), and its of the Republican Party‘s most generous
associated institutes and centers, contributors over the last decade. For the last
has received more funding from the five years, MBNA has been pressing lawmakers
Koch Family Charitable Foundations
than any other organization—a total to pass legislation that would make it harder for
of $29,604,354. The George Mason individuals to file bankruptcy—a bill that, if
University Foundation has received approved, stands to earn MBNA at least $100
the most funding, $20,297,143, million in additional revenues each year,
while the Institute for Humane according to press reports. The bank also has
Studies [Koch‘s Intern program] has lobbied against legislation to protect consumer
been directly given $3,111,457, the
privacy rights and was a leading proponent of
Mercatus Center $1,442,000, and 55
George Mason University itself has banking deregulation . All of the foregoing
received $4,753,754. pursuits by MBNA are key ALEC initiatives.
―In addition to financial ties, Koch In 2008 Davis and Ridge‘s Deloitte Consulting,
also has personnel involved with the along with Pfizer, PricewaterhouseCoopers and
university. Richard Fink51, the vice
president of Koch Industries, Inc., Time Warner joined the list of ALEC related
56
and the former president of the contributors to Collins .
Charles G. Koch Foundation and the
Claude R. Lambe Foundation, The purpose of HR 6407 and McHugh‘s 1996:
serves on the board of directors of H.R. 3717 was to provide a perceived need for
the George Mason University privatizing the USPS. They set in motion events
Foundation and the Mercatus that would eventually disable the Post Office‘s
Center.52‖ abilities to function. HR 6407 was the enabler in
Senate co-Sponsor of this legislation impacting this scheme as it forced the USPS to remove
the USPS was Susan Collins (R ME) who also more than $5 billion per year from its revenue
has ties to Koch money and is actively stream and place that money into a retirement
supporting Koch‘s EPA deregulation and account (RHB) it had no access to. This forced
53
environmental denial of climate change . In the USPS to reduce efforts of maintaining
2006 Collins received $146,638 in donations equipment or expansion and since 2006 has
© 2011 – Voter’s Legislative Transparency Project Page 27
reduced their ability to compete against the two workers. USPS covers 79% of its
primary private sector competing companies employees' health benefits,
handling mail and parcel service‘s – FedEx and compared to the 72% typical for
United Parcel Service (UPS). UPS and FedEx
most federal workers.‖
are both long time ALEC members and UPS These figures indicate that health benefits and
currently holds a seat on the ALEC Private costs represent a substantial outlay for the
Enterprise Board (see Chart 1 below from USPS. At the same time this is occurring, ALEC
57
ALEC‘s 2011 program on sponsorship) . It and their alumni are fighting intensely at state
also lends the appearance that the USPS is and Congressional levels to resist any attempts
rapidly approaching the brink of bankruptcy – to overhaul healthcare and the exorbitant costs
through the diversion of billions of dollars to the associated with that – or address the huge profits
RHB. being made through current medical and
insurance procedures. PhRMA, pharmaceutical
For more than 7 years now the CABAL members companies and insurance companies in the
have hinted at and made changes to make healthcare industry continue to derive huge
privatization of the U.S. Mail system inevitable. profits under the current system. (This also
In May 2011 Business Insider published the explains the resistance exhibited by Republican
article; ―11 Things You Should Know About The ALEC alumni – led by Speaker Boehner and
58
U.S. Postal Service Before It Goes Bankrupt.‖ Majority Leader Cantor – to repeal the Patient
In this article the author indicates privatization of Affordable Healthcare Act that is pursued by
the USPS is in order and cites other international ALEC nationwide as of this writing).
mail services as an example of how such
privatization ―works‖ in countries like Japan, One of ALEC‘s ―Model Legislative‖ bills is the
59
Germany and Sweden. The article claims: ―Unfunded Pension Liabilities Accounting Act ‖
and ties in nicely with the provisions included in
―Despite the agency's economic the Postal Accountability and Enhancement Act
woes, the 250,000-member as well as current and ongoing attacks upon
American Postal Workers Union
public sector government workers; teachers,
negotiated a cushy labor deal with
the USPS in March. The four-and-a- firefighters, police and the union groups they
half-year agreement extends the no- belong to.
layoff provision and provides a 3.5%
raise over the period of the contract, Below is a screen capture of ALEC‘s 2011
as well as seven uncapped cost-of- Annual Meeting in New Orleans, showing the
living increases. A USPS participation of FedEx and UPS:
spokeswoman told Businessweek
the agency agreed to the terms
because it feared an arbitrator might
be even more deferential to the
union.
―In general, postal service
employees enjoy more expensive
benefits than most public-sector
© 2011 – Voter’s Legislative Transparency Project Page 28
The impact upon the USPS from this legislation From 2007 to 2008 that same common stock
63
has resulted in a devastating financial disruption holder investment increased another 15%. So
– and at the same time has greatly increased the in just the first two years following the USPS
stock prices and profits of both UPS and FedEx. requirement to set aside billions in pension pre-
funding, investors with FedEx stock saw a 25%
Since 2006 when the USPS began setting aside increase in the value of their investment(s).
$5.6 billion per year for prefunding the pension
account as mandated by Collins‘ and Davis‘ co- Looking at Yahoo Finance we find that currently
sponsored legislation, both UPS and FedEx FedEx has ―holdings‖ in several multinational
64
have experienced considerable growth along and huge US corporations. These stock
with increases in income and stock prices. This holdings include; Coca-Cola, Reynolds
amount of money taken from sales and set aside American, ConocoPhillips, General Electric, First
for pensions denies it to the USPS to reinvest, Energy Corporation and Chevron. Besides
update or upgrade equipment – and eliminates being huge companies, what do all of those
their capacity to continue to compete against above have in commonality? They‘re members,
their chief private corporate competitors – UPS benefactors and/or sponsors of ALEC. Just
and FedEx. taking FedEx as an example one can quickly
see how all of ALEC‘s members are profiting off
In 2006 UPS‘ gross income was given as $47.55 of each other through investments that are
billion and by the end of last year that had risen enhanced by the pro-corporate legislation put
60
to $49.55 billion. FedEx figures for the years out by them through ALEC, especially at the
2007 – 2011 show that in that period their gross federal level.
revenue increased from $35.21 billion to $ 39.3
61
billion. Looking at these figures and at the As this profiting continues – and increases as the
USPS mandated prefunding requirements, the years roll by - harm upon the USPS continues to
figures show that UPS and FedEx have grow and drive them further toward relinquishing
cumulatively increased their gross income by $6 their hold upon first class and parcel mailings,
billion, an amount comparable to the amounts of more and more of their services being absorbed
annual pension payments the USPS has been or taken over by UPS and FedEx.
forced to set aside without access to.
Today UPS and FedEx collection containers are
Figures show the change in common stock found near the front doors of most USPS
holder investment for FedEx from 2006 to 2007 community facilities. This allows USPS‘ primary
(the first year the USPS was required to fund competitors to be situated on their property,
forward the pension account) increased by allowing an ―option‖ of package and mailing to
62
10%. postal consumers.
© 2011 – Voter’s Legislative Transparency Project Page 29
Here is a graph showing USPS financials before and after the legislation was passed in 2006:
Though ALEC has been able to introduce and and procedures used by their alumni. Both of
pass other important legislation at the federal these laws were implemented after the creation
level (truth in sentencing, mandatory minimum of the Tenth Federal Forum Task Force and
drug and gun laws, 1984 Criminal Justice demonstrate the influence and abilities they
Reform Act, tax rate laws, etc.), the USPS and have through the alumni.
AETA legislation stands out as being two of their
initiatives which adequately reflect the manner
© 2011 – Voter’s Legislative Transparency Project Page 30
―Influencing and Corrupting the Federal Judiciary‖
In conjunction with ALEC‘s involvement of • Northwestern Law Judicial
advancing influence upon our Legislative Branch Education Program (funded by
of government, ALEC and their network have many key ALEC members, including
participated in other attacks upon the Judiciary
Koch)68.
branch. These efforts consist of free trips to • Liberty Fund69 providing judicial
luxurious resorts that are paid for by the conferences and seminars to/for
foundations, corporations and others involved Judges.
with ALEC. During the trips judges attend daily • Federalist Society70 (Koch
seminars provided by purported scientists, funded71 $1,437,200 through 2006)
corporate executives and others advancing a • Aspen Institute (Koch funded72
pro-corporate, free-market conservative $1,115,000 through 2006 with David
ideology. The seminars are designed to impart Koch on the BOD73).
to the attending judiciary the corporate or • University of Kansas, Law and
business points of view on critical issues Organizational Economics Center
involving environment, economics, tort reform, (LOEC) begun in 1995 by Henry
EPA and takings law (eminent domain). Butler74 with a $1,000,000 grant
from the Fred and Mary Koch
We found several universities and private, non- Foundation75. 7
profit organizations participating in these efforts • International Judicial Academy
at both the state and federal level. All but one which provides seminars for judges
are provided by conservative organizations, on the International level76. Funders
foundations or schools: of the IJA have included; JEHT
Foundation and Foundation to
• George Mason University (Law Promote Open Society. JEHT
Foundation ceased to operate in
and Economics Center - LEC)65
2009 due to the Madoff ponzi8
(Recipient of Koch funding totaling
scheme where their money was
$20,297,143 from 1986-200666),
invested. Foundation to Promote
Earhart Foundation, JM Olin
Open Society gets some of their
Foundation.
principal funding from George
• Foundation for Research on Soros77. Much of their contributions
Economics and Environment
(FREE). Funded by ExxonMobil, 7
UK‘s LOEC now has A ―Center for Excellence in
GE Foundation, Koch Family Advocacy‖ founded in 2008 with generous support
Foundation67 ($1,305,500 through from Shook, Hardy and Bacon. LOEC Faculty has
2006), JM Olin Foundation, Earhart included Mark Huang of Shook, Hardy and Bacon.
Foundation and Castle Rock
8
Foundation (Coors). ($65,000 in
2009) and the Claude Lambe http://en.wikipedia.org/wiki/JEHT_Found
Foundation. ation
© 2011 – Voter’s Legislative Transparency Project Page 31
and donations received – along with evolving legal issues and cases. Many
their expenditures are to/from other physicians attend such seminars to stay in tune
countries and include non-Soros‘ with evolving medical treatments, diagnosis‘ and
funding78. pharmaceuticals, so some perceive that such a
There are other organizations providing judicial training program for judges is normal. They are
―training‖ for state and federal judges, but these unaware of the intentional attempt to ―bias‖ our
seven are those with ongoing regularly judiciary in favor of pro-corporate decision
scheduled seminars and trips. Some completely making. The list of those funding these junkets
reimburse judges for travel, housing and food and leading the accompanying seminars refutes
while others reimburse to a set amount (such as the assertion that these extracurricular activities
LOEC that reimbursed state judges up to are unbiased and not centered around
$500.00 cap for travel). advancing a pro-corporate agenda.
The funding for six of the seven providing such For instance, the funders listed by George
judicial trips are funded with money from one or Mason University include most of ALEC‘s for
more of the Koch controlled family foundations. profit corporate members, and the non-profits
In addition many of the foundations listed on that fund ALEC – and most have ties to the Koch
page 5 also fund these trips and seminars for and related foundations previously mentioned.
judges; John M. Olin Foundation, Inc., M.J. (Those in bold are known ALEC/Koch
Murdock Charitable Trust, Castle Rock benefactors, affiliates or corporate members).
Foundation and the Lynde and Harry Bradley These funders are listed below:
Foundation.
79
Funders
A sampling of topics presented in the seminars
80
to these judges – state and federal – include; Abbott Laboratories
environment, takings laws (imminent domain), Ackerman, Hon. Harold
economics, tort reform, juror selection and jury Adams, William H.
81
decision making, The presentations are made by Aequus Institute
Agee, Hon. Steven
speakers from various colleges, universities and Amon, Hon. Carol
of greater importance from corporate CEO‘s and Andrias, Hon. Richard T.
82
executives representing Shell Oil and other Armstrong Foundation
major corporations. In addition many of the AT&T
83
presentations are made by those representing; Atlas Economic Research Foundation
84
Heritage Foundation, American Enterprise Barre Seid Foundation
Batchelder III, Hon. William G.
Institute, National Center for Policy Analysis,
Batchelder, Hon. Alice M.
George Mason University, Brookings Institute Beghe, Hon. Renato
and several other conservative entities. Berrigan, Hon. Helen G.
Bowie, Hon. Peter
For some this kind of judicial education may BP America, Inc.
seem to be an ongoing and natural way of Brister, Hon. Scott
keeping our judges abreast of current and Brown, Hon. Jerry
© 2011 – Voter’s Legislative Transparency Project Page 32
Brown, Hon. Joe B. Gillmor, Hon. Helen
Browning, Hon. Edwin Goldenhersh, Hon. Richard P.
90
Brunswick Corporation Goodrich Foundation
Buettner, Hon. Kenneth L. Graves, Hon. William J.
Bush, Hon. Donald Greaney, Hon. John
Caddel, Hon. Jack Griesa, Hon. Thomas
Camp, Hon. Jack Griffith, Hon. Sam
Carman, Hon. Gregory W. Grometer, Hon. Peter
Castagna, Hon. Bill Henry, Hon. Robert H.
Castle Rock Foundation Holmes, Hon. Mark
Cathell, Hon. Dale R. Hughes, Hon. Lynn N.
Charles G. Koch Charitable Foundation Hunter, Hon. Robert
CIGNA Corporation Jackson, Hon. Barbara
Cinader, Arthur John M. Olin Foundation
91
Coca-Cola Company John William Pope Foundation
Collier, Hon. Lacey A. Johnson & Johnson
Commonwealth of VA Tax Donations Johnson, Hon. Cheryl A.
85
Cortopassi Institute Jones, Hon. Edith H.
Cowen, Hon. Robert E. Jones, Hon. Robert C.
Curtin, Hon. John T. Keller, Hon. Sharon F.
David Stone Foundation Kinard Jr., Hon. Ernest J.
Davis, Hon. Eugene King, Hon. Warren R.
Dawson, Hon. Robert T. Klein, Hon. Christopher M.
DeMoss Jr., Hon. Harold R. Kocoras, Hon. Charles P.
DeVasto, Hon. Diane Levy, Robert A.
86
Doctors Group Lilly Endowment, Inc.
87
Donors Trust Lynde and Harry Bradley Foundation
88
Dow Chemical Company Magnuson, Hon. Paul A.
Doyle, Hon. Robert Manning, Hon. Blanche M.
Duplantier, Hon. Adrien Muris, Hon. Timothy
Duplantier, Sally Murphy, Hon. Michael
Earhart Foundation Murphy, Hon. William
Edenfield, Hon. B. Avant Naugle, Hon. David N.
Edmonds, Hon. William L. Nevas, Hon. Alan H.
Eginton, Hon. Warren W. Newman, Hon. Pauline
Eisele, Hon. G. Thomas Nicholas Martini Foundation
Exxon Mobil Corporation Niskanen, William
Fallon, Hon. Eldon Nowrasteh, Cyrus
FedEx Corporation O‘Connor, Hon. Eileen
Feldman, Hon. Joel M. O‘Rourke, Hon. Terry B.
Foster, Hon. Kennard P. Oblon, Spivak, McClelland, Maier & Neustadt
92
Friedlander, Hon. Ezra H. (Koch Ind. Patent Atty)
Gadola, Hon. Paul V. Ohrstrom, Gerry
Galway, Hon. Richard E. Orfinger, Hon. Richard
General Motors Corporation Parker Jr., Hon. Barrington D.
89
Gillette Company Pepe, Hon. Steven D.
© 2011 – Voter’s Legislative Transparency Project Page 33
Pepsico Inc. Thomas, Hon. Patricia
Pesce, Hon. Michael L. Thornbrugh, Hon. P. Thomas
PetroMina, LLC U.S. Chamber of Commerce
Pfizer, Inc. Unilever United States, Inc.
Pleicones, Hon. Costa M. Verizon Communications
Property and Casualty Ins. Ass. Voorhees, Hon. Richard
Rafeedie, Hon. Edward Wade, Hon. Gary
Raggi, Hon. Reena Walter, Hon. Donald
Ramirez, Hon. Juan Wedemeyer, Jr., Hon. Ted E.
Randall, Hon. R.A. Weinstein, Hon. Jack B.
93 97
Randolph Foundation William E. Simon Foundation
Rapp, Hon. Keith Williams, Hon. Stephen F.
Real, Hon. M.L. Wolle, Hon. Charles R.
Restani, Hon. Jane A. Worthen, Hon. James T.
Roe Foundation Young & Franklin, Inc.
Rosen, Hon. Gerry E. Young Jr., Hon. Robert P.
Ross, Hon. Herb Zoss, Hon. Paul A.
Samuel Roberts Noble Foundation, Inc. Abbott Laboratories
Sanderson, Hon. William Ackerman, Hon John D.
Sarah Jane Humphreys Foundation, Inc. Ahart, Hon. Alan M
Sarah Scaife Foundation, Inc. Biggers, Jr., Hon. Neal B.
Sawyer, Hon. David Buckley, Hon John T.
Scott, Hal Corrigan, Hon. Maura D.
94
Searle Freedom Trust Goolsby, Jr., Hon. C. Tolbert
Serna, Hon. Patricio J.P. Humphreys Foundation
95
Sharp Foundation Jefferson, Hon. Wallace B.
Sharp, Hon. Allen Joplin, Hon. Larry E.
Shelby Cullom Davis Foundation Jubelirer, Hon. Renee Cohn
Shell Oil Company Kern III, Hon. John W.
Sills, Hon. David G. Kornmann, Hon. Charles B.
Simon, Hon. Paul J. Leavitt, Hon. Mary Hannah
Slater, Hon. Kent McAnany, Hon. Patrick D.
Smith, Hon. Leslie C. McCall, Hon. Terry
Smith, Hon. Loren A. Nardelli, Hon. Eugene
Sonderby, Hon. Susan Orme, Hon. Gregory K.
Stafford Jr., Hon. William H. Raker, Hon. Irma S.
State Farm Insurance Companies Riggs, Hon. R. William
Steeh, Hon. George Caram Rocco, Hon. Kenneth A.
Stilwell, Hon. Samuel Spolzino, Hon. Robert A.
Stuart, Hon. Jacqueline L. Wake, Hon. Neil V.
Suarez, Hon. Lucindo
Sunmark Foundation
96 Similarly, take a look at those identified as
Sutin, Hon. Jonathan funding the junkets and seminars of
Talbot, Hon. Michael J. Northwestern University‘s Law Judicial
Taylor, Hon. Clifford W. Education Program. Again, those in bold are
Thibodeaux, Hon. Ulysses Gene known affiliates of Koch and/or ALEC:
© 2011 – Voter’s Legislative Transparency Project Page 34
FUNDERS: The Honorable James E. Lockemy
The Honorable James T. Worthen
American Petroleum Institute The Honorable Kenneth F. Crow
AT&T Inc. The Honorable Lewis Nixon and Evon Grant-
Charles G. Koch Charitable Foundation Nixon
Civil Justice Reform Group The Honorable Loren A. and Catherine Y. Smith
Dr. and Mrs. Henry N. Butler98 &99 The Honorable Maria Korvick
Ewing Marion Kauffman Foundation100 The Honorable Mark F. and Joann Aceto
Exxon Mobil Corporation The Honorable Michael R. and Paula Weatherby
GlaxoSmithKline The Honorable Paul Mitrovich
LyondellBasell Industries9 The Honorable Ralph C. Hofer
McDonald's Corporation101 The Honorable Rex Heeseman
Microsoft Corporation102 The Honorable Robert V. Greco
Johnson & Johnson The Honorable Ross H. Hicks
Koch Industries The Honorable Steven R. Ohmer
Pfizer Inc. The Honorable Tennant M. Smallwood
PhRMA
Searle Freedom Trust
Many of these benefactors contributing to
Shell Oil Company
funding junkets and seminars for judges are
State Farm Mutual Automobile Insurance
affiliated with Koch in some manner and have
Company
been members or affiliates of ALEC – with the
The Bradley Foundation
exception of the judges, who have participated in
The Dow Chemical Company
many of the seminars by those organizations
The Lynde and Harry Bradley Foundation
providing them. It is not a case of some of the
U.S. Chamber of Commerce
contributors to this program being conservative -
Additional funders of Northwestern University all of them are, and they share close
seminar program include this list of U.S. associations on other initiatives not related to
103
Judges : judicial ―education‖.
The Honorable Albert Diaz
The Honorable Albert J. Matricciani, Jr.
The Honorable Carlos Villa
The Honorable Donald F. Parsons, Jr.
The Honorable Gerald Rosenberg
The Honorable Harris Hartz
The Honorable J. Kenneth Mangum
The Honorable J. Steven Schuster
The Honorable James E. Kuhn
9
Affiliated with Koch‘s European corporation
© 2011 – Voter’s Legislative Transparency Project Page 35
_________________________________________________________________
Here is a picture of Henry Butler from UK‘s Law
and Organizational Economics Center (LOEC)
and Executive from the Searle Center speaking
at an ALEC meeting:
Below a picture of Judges sitting in the audience
during that seminar:
The next one shows him speaking at an
Economics Institute seminar for Judges at the
Searle Center in 2010:
All pictures obtained from Flikr®.
The Foundation for Research on Economics and
the Environment was begun in earnest in 1998,
for federal judges. FREE describes its mission
as promoting "free market environmentalism‖, a
doctrine that advocates reliance on the free
market and private property rights to protect the
environment,‖ a focus considerably more narrow
than GMU‘s. FREE is also not affiliated with any
© 2011 – Voter’s Legislative Transparency Project Page 36
10
university, existing as a standalone 501 (c)(3) Clarence Thomas at a Heritage Foundation
non-profit. President‘s Dinner event:
In 2005 FREE expanded their program to offer
their same trips/seminars to state Appellate and
Supreme Court judges, law professors and
Religious leaders. Here is an announcement of
the Seminars found on their Summer 2005
104
Newsletter:
Seminar Series for Federal
Judges, Law Professors
and State Officials
June 9–12
Entrepreneurship, FREE‘s Board of Directors includes three (3)
Telecommunications, sitting U.S. judges: Honorable Alice
105
and Social Change Batchelder , Chief Judge, United States Court
of Appeals, Sixth Circuit, Louisville, Kentucky;
106
July 12–17 The Honorable Danny J. Boggs , Chief Judge
Illicit Drugs, Civil Society, United States Court of Appeals also for the Sixth
and the Environment Circuit Louisville, Kentucky, and; The Honorable
107
Edith Brown Clement , Circuit Judge United
September 13–18 States Court of Appeals for the Fifth Circuit, New
Terrorism, Energy, Orleans, LA.
and Civil Society
Also on the FREE BOD are others with
October 12–16 conservative organizations in their current or
past history: Edwin Meese, III (Distinguished
Biotechnology, Risk Analysis, 108
Fellow at the Heritage Foundation) ; Jonathan
and the Environment:
H. Adler (Federalist Society and CATO
Implications for Federal Judges 109
Institute) ; Jim Huffman (Federalist Society,
October 26–30 Heritage Foundation and the Institute for
110
Humane Studies) ; John Von Kannon (Pacific
Environmental Economics for State Officials
Legal Foundation, Heritage Foundation and The
111 11
FREE‘s influence does not stop at the federal American Spectator) and; Todd J. Zywicki ,
judicial level. Below is a picture taken from
another of their Newsletters (Fall 2005). It 10
See Clarence Thomas relationship chart on
shows FREE Founder and CEO John Baden pages 57-59. Samuel Alito on page 60 for full
exposure of relationships and connections.
and his wife along with FREE Associate Director
Pete Geddes with Supreme Court Justice, 11
Zywicki also has ties to IHS and Bill of Rights
Institute: http://www.theihs.org/ihs-alum-
© 2011 – Voter’s Legislative Transparency Project Page 37
13
Professor of Law at George Mason University GMU‘s LEC. Again in 2006 Ross revisited this
School of Law (John M. Olin, Mercatus Center at issue and informed readers about SCOTUS
George Mason University and Federalist Justice, Scalia attending one of the GMU‘s
112 14
Society) . junkets . In that broadcast, Nightline included
pictures of Justice Scalia playing tennis at a Ritz
Many of FREE‘s seminars are presented by Carlton Resort in Bachelor Gulch, CO. where
these Board members and others representing that particular seminar was held, sponsored by
many of the same organizations mentioned in the Federalist Society.
the preceding paragraph. Corporations also
have led these seminars for FREE the same way The 20/20 documentary also referenced
they do for the GMU program. previously reported that in at least two
documented cases, federal judges who attended
In 2003 three other U.S. judges resigned as these seminars were at the time of attendance,
members of the FREE BOD; U.S. District Judge hearing cases involving issues discussed at the
113
Andre M. Davis , Douglas H. Ginsburg, chief seminars. The judges returned to the bench and
judge of the U.S. Court of Appeals for the District ruled favorably on behalf of corporations over
of Columbia and, Jane R. Roth, a judge on the the U.S. government. In one case a judge
3rd Circuit appeals court. These resignations returned, changed his position and wrote the
came following an ethics complaint made opinion favoring the corporate party in the
against Judge Davis that resulted in a litigation. This documentary was based in part
determination that sitting upon FREE‘s BOD was upon the work of the Community Rights
in violation of the Cannon of Ethics for federal Counsel‘s ―NOTHING FOR FREE: How Private
judges. Judge Boggs refused to resign and Judicial Seminars Are Undermining
remains a FREE Board member. Environmental Protections and Breaking the
114
Public's Trust‖ published in 2000. CRC's
In 2001 20/20‘s Nightline did a documentary on
12 publication goes on to state::
―Junkets For Judges ‖ where the Investigative
Journalist, Brian Ross informed more than 500 ―Every year more and more federal
judges and two Supreme Court Judges had judges fly to resort locations to
received these free trips and seminars from attend privately funded seminars. All
of a judge‘s expenses are paid for,
including tuition, transportation,
food, lodging, and various leisure
award/winners#Zywicki and clerked for Judge Jerry activities. These trips, which cost
E. Smith of the U.S. Court of Appeals for the Fifth
Circuit and has taken trips through FREE, thousands of dollars per judge, are
Federalist Society, Liberty Fund, GMS and Institute privately bankrolled by corporations
for Justice: and foundations. Meanwhile, the
http://www.tripsforjudges.org/listResults.asp.
12 13
Visit http://tripsforjudges.org/search.asp for list
http://www.youtube.com/watch?v=N7Aw_FXhRqk of judges who have participated in these events.
and part II: 14
http://www.youtube.com/watch?v=6io8w9vofAM&fe http://abcnews.go.com/Nightline/story?id=1541642
ature=related #.TssGicPNlGU
© 2011 – Voter’s Legislative Transparency Project Page 38
same funders are simultaneously list – are intended to ―program‖ the judiciary to
financing federal court litigation rule favorably upon issues important to them.
touching upon the same topics
covered at the seminars. These Though FREE insists they are merely providing
sponsors are not supporting the ―education‖ to these federal Judges and
seminars out of benevolence; rather
Justices, what they are actually doing is
they do so in the hope of influencing 115
judicial thinking to their benefit. They explained by FREE Trustee, James Huffman :
are paying to have judges attend
seminars that stress economic and ―[T]he Political Economy Research
15
policy arguments, which, if adopted Center (PERC) laid the foundation
by the judges, would advance their for what has become known as free
ideological and pecuniary interests… market environmentalism. Through
a long term strategy of educational
‖[…] Third, there is significant programming, PERC and its
evidence suggesting that these offshoot, the Foundation for
biased, pro-market seminars are Research on Economics and the
working as their sponsors intend, Environment (FREE), have spread
breeding a new conservative judicial their message to journalists,
activism. This report canvasses the congressional staffers, federal
last decade of environmental judges, government bureaucrats,
decisions and traces the emergence environmental activists, and the
of a growing anti-environmental general public.‖(Emphasis added).
judicial activism developing in
lockstep with the ideological goals One earlier case stands out to demonstrate the
promoted by the Big Three. Four influence upon the federal judiciary that FREE
key legal issues are focused on, and can bring. In the case of Preseault v. United
remarkably, in each area, the author States 100 F.3d 1525 (1996) U.S. Court of
of every leading activist decision
has attended at least one Big Three
seminar. Most of the judges
attended numerous trips, sometimes
while a pertinent case was before
the court, and sometimes ruling in
favor of a litigant backed by the 15
According to MediaTransparency, PERC under its old
same special interests that name, received $603,600 from Bradley Foundation and
sponsored the judge‘s trip. In one $640,775 from Olin Foundation.
case, a judge ruled one way in a
very high-profile case, attended a Other funding has come from Sarah Scaife, JM Foundation,
seminar and, upon his return, Lambe Foundation, McKenna Foundation, Earhart
Foundation, Koch Foundation, Carthage Foundation and
switched his vote to agree with his Castle Rock Foundation -- the guts of a force of roughly a
newly acquired education‖. dozen or so foundations that, since the 1960s, have
coordinated their efforts toward forging national policy
These all-expense-paid trips were paid for by favorable to deregulation of industry and to privatization.
corporations and conservative foundations – with According to Mediatransparency's records, PERC received
the Koch brothers prominently at the top of that $4,175,875 from all funding sources combined from 1985 to
2002."
© 2011 – Voter’s Legislative Transparency Project Page 39
16
Appeals (a case on ―Takings law‖ ) the District and political posits: Samuel Alito and Antonin
17
Court ruled in favor of the United States. Scalia.
However when the case was appealed to the All three are members (or alumni) of the
Circuit level, Four of the six judges who ruled federalist Society. Scalia and Alito have been
against the government in Preseault reported on honored by the Federalist Society and used to
their financial disclosure forms that they had raise funds. Below is a link to a C-Span video of
attended FREE seminars, along with one of the Scalia, Alito and Sen. Majority Leader,
three judges who came down on the McConnell speaking at the Federalist Society in
government's side. The John M. Olin 2006.
Foundation, which gives money to FREE to
support the judicial seminars, was also a
financial backer of the New England Legal
Foundation, which litigated the Preseault case.
The Supreme Court upheld the Appellate judges‘
116
decision .These programs used to influence
state and more importantly the federal judiciary
has changed the appearance and propriety of
the judicial landscape in America. It serves to
lend the appearance that ―justice‖ can be bought
all the way from state Appellate courts to the
SCOTUS.
To view video click here.
- Influence upon Supreme Court -
Scalia has had book signings at the FS:
In the atmosphere of today with the Citizen‘s
United case and upcoming review of cases
involving the repeal of the Patient Protection and
Affordable Care Act, attention has become
focused upon the Supreme Court.
In particular voters have become concerned
about political associations and politics within
the makeup of the SCOTUS. Though most of
this attention has been concentrated upon
Justice Thomas and his wife, Virginia, there are Justice Antonin Scalia book signing at FS
two other Justices with similar ties, connections
17
The charts on Justices starting on page 57 clearly show their
16 connections to many of the CABAL‘s members and individuals.
Takings Laws undermine environmental legislation, land
use laws, and regulations designed to protect public health
© 2011 – Voter’s Legislative Transparency Project Page 40
120
Added to what you‘ve read above, we must also meetings and dinners provided by; Liberty
realize that in June of last year, the Koch University, Hillsdale College, Jesse Helms
brothers held an ultra-secret meeting in Aspen Center, Monsanto Company, Nat‘l Center for
Colorado. Names you‘ve read above – and below Policy Analysis and the Acton Institute, his
- associated with Koch/ALEC were in political beliefs are solidified.
attendance; Scaife, Pope, Meese, Walton,
Bechtel, Glenn Beck, Bush, De Vos, Fettig and Factoring in that Justice Thomas has a close
Johnson were all in attendance. Speakers were friendship with billionaire real estate magnate,
from CATO, Mercatus Center, Heritage, Fox Harlan Crow, those beliefs are amplified.
News, Americans for Prosperity, the Wall Street Thomas frequently uses Crow‘s private jet to
Journal, American Enterprise Institute, National travel to events, his wife‘s Liberty Central
Review, National Right to Work, U.S. Chamber received a substantial contribution from Crow
of Commerce and Walton (Wal-Mart). and Crow has financed a museum project
favored by Thomas. Obviously they are quite
Included was a listing of past attendees to these friendly.
Koch meetings. Two of those named were
Supreme Court Justices Clarence Thomas, Crow has ties to nearly every member of the
Antonin Scalia.
117
Justice Thomas admitted he CABAL through his connections to Koch and
had participated in at least one of these Koch other key foundation/donors and their
121
events.
118 organizations:
119
Koch Industries published an article that did
not deny the attendance by Scalia and Thomas
at their secretive meetings, instead claiming it
was ethical and lawful for them to do so:
―The reality is that Justice Scalia‘s
and Justice Thomas‘ attendance at
separate Koch-sponsored
conferences was completely
appropriate and lawful.‖
As the numerous charts with links to
associations and relationships offered in other
chapters of this report indicate, there are
close and numerous ties between Thomas
and Scalia to Koch and other members of the
CABAL. It has become obvious neither the
Crow, Thomas Koch connections
Justices nor Koch can any longer deny such
relationships exist. The existence of these relationships between
key members of the Supreme Court and key
With Thomas‘ association with FREE, and his members of the CABAL demonstrates clearly
acceptance of free travel to attend seminars,
© 2011 – Voter’s Legislative Transparency Project Page 41
that there is a genuine appearance of those of many states. Without doubt it will
conservative influences within our highest also severely impact the upcoming 2012
court. The concerns voiced by voters and election as the CABAL dumps money into the
Progressives alike are real and have a basis campaigns in an effort to overcome the
in fact. objections of more moderate and progressive
voters.
The key concern VLTP expresses is ALEC‘s
place within these ties to the judiciary. Once Citizen‘s United was merely the last of a
ALEC model legislation is proposed and number of decisions that have been made by
passed at the state level, they are sometimes the SCOTUS which favorably benefited
challenged through state litigation – which conservative proponents and corporations in
often advances to the federal level for review particular (i.e., Indiana‘s Voter ID law upheld
122
upon appeal. As shown previously, our by the Supreme Court in 2008 and National
federal judiciary has been seriously Cable & Telecommunications Association v.
compromised by the same CABAL through the Brand X Internet Services ruling against
trips and seminars provided by FREE, GMU internet service providers in favor of cable
123
and the others involved in such activities. The companies in 2005 ).
pro-corporate philosophy of ALEC has
proponents within the federal courts due to The fate of the Patient Protection and
these seminars and free trips. The voter‘s Healthcare Act now rests in the hands of the
belief that the federal courts present a Supreme Court. Challenges to Roe v. Wade
protection from possible improper state action are in the wings – pushed by the CABAL and
is thus compromised. their conservative legislative members. The
current situation is analogous to FDR‘s
If an ALEC initiative advances through the situation in 1937 concerning his New Deal
124
federal court system and ends up on the legislation being opposed by SCOTUS.
docket of the SCOTUS, the last possible
safeguard is jeopardized. With three Justices Ethics complaints made against Justice
clearly affiliated with those supporting Thomas by voters and legislators alike and
legislation friendly to the CABAL, it only takes calls for his recusal in the Healthcare review
two of the remaining justices to join them and appear to be falling upon the deaf ear of Chief
rule favorably in favor of the CABAL and their Justice Roberts. True judicial impartiality is
beneficial legislation. itself is now on trial and the scales of justice
appear to be heavily weighted in favor of the
This has already happened – with extreme CABAL.
clarity in the Citizen‘s United decision. Today
the result of that decision has been
experienced in both the 2010 and 2011
election cycles. Previously unheard of
corporate funding was used to change the
balances in both Houses of Congress and
© 2011 – Voter’s Legislative Transparency Project Page 42
―Appearances as ‗Friend of The Court‘ to Sway Opinions and Judicial
Rulings on Key Issues‖
Once ALEC‘s model legislation is proposed and business arguments. These briefs were
enacted at the state level, besides tweaking that sometimes filed jointly with several
particular bill to make it applicable in other organizations, foundations, institutions or
states, ALEC and the Koch network defend that companies in order to present a common
legislation if/when it is challenged in a court of agreed-upon argument to the court.
law. Without ALEC being named as a party to
the suit, they have found another way to defend In the case of ALEC and the conservative
legislation written by them – by filing what is network, briefs are often filed separately. In
termed an Amicus Curiae Brief in cases many instances literally dozens of these briefs
challenging enactment of ALEC ―laws.‖ appear upon the dockets of the District,
Appellate or Supreme Court dockets.
Court Rules allow parties with interest in the
outcome of a case to file an Amicus brief in In the case of STATE OF FLORIDA V. UNITED
support of the Plaintiff, Defendant or on behalf of STATES DEPARTMENT OF HEALTH AND
18
neither. As long as the Amicus pleader HUMAN SERVICES, et al. on Repeal of
demonstrates they have an interest in the final Patient Protection and Affordable Care Act, the
opinion or decision in the case, they are number of Amicus briefs filed demonstrates this
19
generally allowed to file a brief and have their pattern of influence. Right wing organizations,
argument(s) considered in determining the final individuals, conservative U.S. Congressmen and
ruling. Representatives, Speaker John Boehner,
Republican State Legislators and associations
This is a long standing and established affiliated with conservative ideological positions
allowance of our court system. It has been used filed a total of 28 amicus briefs against the
125
in many cases sometimes by a State or even the U.S. These weren‘t merely providing an
United States itself. ALEC and their affiliates argument in support of the initial issues, amici
take that concept one step further – never let it filed briefs in support of summary judgment for
be said they refrain from excess in efforts of
influencing anything important to them.
18
In this case ALEC‘s close affiliates, the National
Our research reveals that on important issues of Federation of Independent Business owners (NIFB)
gun control, communications, economics, joined the suit with Florida, and became a Plaintiff.
education, healthcare, financial and environment 19
ALEC has a legislative guide to repealing
matters relating to business or corporations filed ―Obamacare‖: http://www.alec.org/wp-
in federal courts, massive amounts of amici content/uploads/State_Leg_Guide_to_Repealing_
ObamaCare.pdf
curiae appeared and were filed in support of pro-
© 2011 – Voter’s Legislative Transparency Project Page 43
Florida, against the government‘s motion for published an article on the number of Amicus
135
summary judgment and to dismiss. briefs filed (35 altogether).
In the Commonwealth of Virginia V. U.S. Davenport exemplifies that when one of ALEC‘s
Department of Health and Human Services model legislative acts is challenged through
case, another 26 amicus briefs were filed by the litigation, all of the conservative organizations,
usual - and same suspects against the Dept. of institutes, think tanks and foundations affiliated
Health. Again, these included the American with them and supported with Koch money,
Center for Law and Justice, Constitutional show up in force in an attempt to influence the
Accountability Center, CATO Institute, Pacific court to rule in favor or support of, an ALEC
Legal Foundation, Revere America Foundation, initiative.
Mountain States Legal Foundation and the
Chamber of Commerce. All of these There are literally dozens upon dozens of similar
organizations hold the same conservative, cases involving these same players that make
corporatist ideologies and beliefs, and most are up the core of this CABAL. Hundreds of Amicus
funded with Koch money .
126 briefs are filed at both the state and federal
levels in support of ALEC model legislation when
A good example of how these entities work it is challenged. It doesn‘t have to be ALEC
together as amici curiae can be found in the model legislation under a challenge, just
2005 Supreme Court case GUY DAVENPORT something important to business or corporations.
V. WASHINGTON EDUCATION ASSOCIATION
involving ―Paycheck Protection‖ (one of ALEC‘s Many cases advancing to the Supreme Court
model Acts) was challenged in Washington also attract ALEC and the Cabal‘s attention on
136 137
State. key issues; gun control , freedom of speech ,
etc. In these cases it is the pro-corporate
As in subsequent challenges to the Healthcare concept they are protecting, rather than actual
act in 2010 and beyond, this case generated ALEC written legislation.
numerous amici filing briefs in support of the
Plaintiff, Gary Davenport, against the state of VLTP would urge readers to spend a few hours
Washington. Here is a partial listing of those researching Amicus Briefs on the Internet for a
filing friend of the court briefs: Mackinac better understanding of the number of briefs that
127
Center , American Legislative Exchange have been filed by the Cabal and ALEC.
128
Council , CATO Institute and the Reason
129 A key issue that has been vigorously pursued
Foundation , Evergreen Freedom
130 131 and protected is ALEC‘s model legislation –
Foundation , Pacific Legal Foundation , 138
132 ―Asbestos and Silica Claims Priorities Act‖
Institute for Justice , Mountain States Legal 139
133 134 & . This model legislation has been pursued in
Foundation and Pacific Research Institute
many states and in most instances attorneys for
to name some of the 14 parties who filed in favor
Shook, Hardy and Bacon (SHB)defend that
of ALEC‘s model Paycheck legislation. This
legislation by filing amicus briefs, openly
was so unusual in such a case that the National 140
lobbying (in ND in 2009 ) and making
Right To Work Legal Defense Foundation
presentations to state legislatures in support of
© 2011 – Voter’s Legislative Transparency Project Page 44
141
this initiative (in this 2008 MO. legislation the Supreme Court and state supreme court
sponsor of the bill was ALEC member, decisions. State legislatures have
passed laws we helped develop and
Representative Bryan Pratt [R MO]). championed, and we are viewed as
among those most knowledgeable about
SHB provides the below statement on their work a range of cutting-edge issues, such as
on behalf of ALEC and several of ALEC‘s the use of public nuisance theories
against product manufacturers,
members. SHB also represents or works with:
expanded use of consumer protection
acts, lawsuits for medical monitoring by
―SHB has long been at the forefront of plaintiffs without existing injuries, and
efforts to institute reforms at the state protected trade secrets and other
and federal levels that will ensure our proprietary information provided to
clients are treated fairly in civil lawsuits. personal injury lawyers in discovery.‖
20
SHB attorneys, working with DRI and
21
LCJ , as well as the American Tort In a case in WA State, in 2008 an attorney arguing
Reform Association, the Institute for against an amicus brief filed in the case by Mark
Legal Reform of the U.S. Chamber of Behrens and Victor Schwartz (SHB lobby group and
Commerce, the National Association of ALEC Civil Justice Task Force Adviser and Chairman,
Manufacturers, the American Legislative
respectively) spoke out about Behrens and Schwartz.
Exchange Council, and the Washington
Legal Foundation, among others, He identified both as having represented many other
142
actively engage in reform debates in clients, writing research papers and representing
many ways. the American Tort Reform Association – yet appearing
143
―SHB lawyers file amicus briefs, publish in the WA. case as an ―Amicus‖ without advising
scholarly articles, educate other legal the court as to their vested interest in the litigation on
professionals about the issues through behalf of their clients and ALEC.
22
CLE conferences and other legal
forums such as Webinars, provide The filing of these briefs and defending
informed commentary to the press, legislation important to the CABAL and
negotiate with lawmakers, and testify
before legislative committees. Under the especially to ALEC‘s introduced model
leadership of nationally renowned SHB legislation is used to reinforce the pro-corporate,
Partner Victor Schwartz, our free market positions introduced to the judiciary
Washington, D.C.-based public policy
through the free trips/seminar program.
group, in particular, leads a coalition of
industry interests to develop ideas that Together these two activities tip the scales in
will safeguard traditional tort law favor of the CABAL – as designed.
principles that best protect the rights of
defendants facing an onslaught of non-
traditional claims and theories which
expose them to unprecedented liability.
―Our articles and briefs on key public
policy issues have been cited in U.S.
20
National membership organization for defense,
insurance, and corporate counsel, offering expert
referrals: http://www.dri.org/
21
Lawyers for Civil Justice: http://www.lfcj.com/
22
Continuing Legal Education
© 2011 – Voter’s Legislative Transparency Project Page 45
―Institute For Humane Studies – Koch‘s Intern Program(s)‖
Many have fought long and hard to prove Scaife Foundation, the Koch Family
connections between Charles and David Koch Foundations, Lynde and Harry Bradley
and various Conservative Right Wing groups, Foundation, and the Carthage Foundation.
organizations, foundations and Main Stream
Media outlets. VLTP has found that there are The chair of its board of directors is Charles G.
145
direct links between Koch money and all of the Koch . The other members of the board of
Cabal‘s affiliates. directors are John Blundell, Richard H. Fink,
Jerome Fullinwider, Timothy Otis Browne, Tyler
144
The Koch's Institute For Humane Studies . Cowen, Art Pope, David Humphreys, Eric
IHS describes their mission as; O'Keefe, Todd Zywicki, William Sumner, Kristina
146
Kendall, and Craig Johnson .
―The mission of IHS is to support the
achievement of a freer society by discovering IHS lists 80 organizations to which the Kochs
and facilitating the development of talented provide "internships". The interns are paid
147
students, scholars, and other intellectuals who $10.00/hour by the Kochs which helps keep
share an interest in liberty and in advancing the payroll down for the organization and allows
principles and practice of freedom. Koch to have direct inside control over the
ongoing activities and their efforts being
"Each year IHS awards over $750,000 in conducted in each of these "charities". A partial
scholarships to students from universities - but important list of those receiving Koch
around the world. IHS also sponsors the provided interns include:
attendance of hundreds of students at its
summer seminars and provides various forms of • Acton Institute for the Study of Religion and
career assistance, including sponsored Liberty
internships, to students and recent graduates
• American Enterprise Institute
pursuing careers in academia, journalism, and
public policy. Through its programs, the Institute • American Legislative Exchange Council
promotes the study of liberty across a broad • Americans for Limited Government
range of disciplines, encouraging understanding,
• Americans for Tax Reform
open inquiry, rigorous scholarship, and creative
problem-solving." • Atlantic Council of the United States
• Atlas Economic Research Foundation
The IHS is currently located on George Mason
University‘s Arlington campus. IHS receives • Beacon Hill Institute
funding from a base of individual donors, as well • Bill of Rights Institute
as from several classical liberal, libertarian and
conservative foundations, including the Sarah
© 2011 – Voter’s Legislative Transparency Project Page 46
• Bluegrass Institute for Public Policy • John Locke Foundation
Solutions • John W. Pope Civitas Institute
• Buckeye Institute for Public Policy Solutions • MacIver Institute for Public Policy
• Capital Research Center • Mackinac Center for Public Policy
• Cascade Policy Institute • Mercatus Center
• Cato Institute • National Center for Policy Analysis
• Center for Competitive Politics • National Center for Public Policy Research
• Center for Individual Freedom • National Right to Work Legal Defense
• Center of the American Experiment Foundation
• Citizens Against Government Waste • National Taxpayers Union Foundation
• Commonwealth Foundation • Nevada Policy Research Institute
• Competitive Enterprise Institute • Pacific Legal Foundation
• Criminal Justice Policy Foundation • Pacific Research Institute
• Drug Policy Alliance • Public Interest Institute
• Empire Center for New York State Policy • Reason Foundation
• Federalist Society • Reason Magazine
• Foundation for Educational Choice • Reason TV
• Foundation for Government Accountability • Students For Liberty
• Franklin Center for Government & Public • Tax Foundation
Integrity • Taxpayers for Common Sense
• Freedom Foundation • Technology Policy Institute
• George C. Marshall Institute • The George Washington University
• Goldwater Institute Regulatory Studies Center
• Heartland Institute • Thomas B. Fordham Institute
• Hudson Institute • Washington Legal Foundation
• Independence Institute • Washington Policy Center
• Independent Women's Forum Seminar themes include the value of property
• Institute for Energy Research rights, limited government, peace, natural rights,
free trade, individual autonomy, and the morality
• Institute for Justice
of free enterprise. There are introductory and
• Institute of World Politics advanced seminars, as well as seminars geared
• James Madison Institute toward students planning careers in public
policy, academia, and journalism.
© 2011 – Voter’s Legislative Transparency Project Page 47
There are page after page of these "affiliates" Bill of Rights Institute
Koch provides intern staffing for annually .
148 Charles Koch Foundation
Those provided here are all involved in one way Competitive Enterprise Institute
Federalist Society
or another on the National/federal level. They George Washington Regulatory Studies Center
are used to advance the conservative ideologies Heritage Foundation
on taxation, environment, economics, criminal Institute for Energy Research
justice, tort reforms, education and voter Institute for Justice
Interdisciplinary Center for Economic Science
disenfranchisement. In pursuit of those
Mercatus Center
initiatives many of the foregoing institutes or National Federation of Independent Businesses-
think tanks are used to provide alternative Small Business Legal Center
science, facts and figures to organizations such Philanthropy Roundtable
as ALEC to support the pro-corporate agenda. Searle Civil Justice Institute
State Policy Network
They lend an appearance of academic and Sunshine Review
scientific investigations to support the ideologies Tax Foundation
and in support of litigation at the state and The Fund for American Studies
federal level that oppose or challenge any of the
CABAL‘s initiatives or advanced legislation. In addition to the Koch Institute and IHS
internship program, most of those conservative
IHS provides a short list of their most notable organizations and institutes accepting those
alumni of the summer Graduate Research interns have their own internship program(s).
149
Program. Therefore, of the ―alumni‖ IHS and Koch claim,
there are possibly thousands more who are out
IHS just held its 50th Anniversary Dinner on
there in capacities within corporations, think
October 13, 2011. Tickets were pricy ranging
tanks, media and other important positions that
from $500.00 to $25,000.00. Prominent on the
have not been identified as being a part of the
list of attendees was ―IHS Chairman and
150 CABAL.
supporter since 1964‖, Charles G. Koch.
152 153
Heritage Foundation, Reason Foundation,
Charles Koch Institute Internship Program 154 155 156
Mercatus Center, ALEC and CATO
Institute to name just a handful of the dozens
In addition to this internship program, the
that have such programs. Some, like Mercatus
Charles Koch Institute also offers a separate
151 offer Media internships similar to IHS and Koch
internship program. This one offers Spring
Institute.
and Summer internships and provides
placement of the interns within many of the In conjunction with the Summer Internship
same organizations and institutes as IHS: program, IHS also provides a sister program
geared strictly to providing interns to media
American Council of Trustees and Alumni outlets. That is covered in the next section.
America's Future Foundation
American Ideas Institute
American Legislative Exchange Council
Americans for Tax Reform
© 2011 – Voter’s Legislative Transparency Project Page 48
―Institute For Humane Studies – Journalism Internship(s)‖
157
IHS‘ Journalism Internship Program (JIP) is Libertarian Perspective, Journalism & a Free
158
described by IHS as: Society and Scholarship & a Free Society .
―The IHS Journalism Internship The IHS program overview provides:
Program places talented writers and
communicators—who support ―IHS seminars provide an
individual liberty, free markets, and opportunity to re-examine society
peace—at media companies and and politics from outside the usual
non-profit newsrooms. Past interns boundaries. They open a window on
have worked at 20/20, the The the classical liberal or libertarian
Orange County Register, perspective—a perspective that
Reason.TV, Fox News, and many begins with individual liberty and
other organizations. Internships leads to maximizing freedom in
occur during the spring, summer, trade, the arts, international
and fall. relations, and many other aspects of
society.
‖ The program includes our
weeklong journalism seminar, ―An IHS seminar is an adventure in
Journalism & a Free Society. ideas where participants explore
Experienced journalists share fundamental questions...
career stories and advice, and
outstanding professors explain the • What is the proper role of
foundations of a free press and government?
economic tools for understanding • How much liberty is good for the
political and economic issues. You individual?
can network with other interns and
the faculty during meals, discussion • What conditions foster peace and
groups, and nightly receptions. IHS prosperity?
provides travel assistance to the • How is globalization reshaping our
workshop. All program interns from world?
throughout the year—fall, spring, and
summer—attend.‖ • How can we protect the
environment and still protect
freedom of choice and private
Those who complete the basic JIP can go on to property rights?
attend advanced seminars and training in
• What analytical tools can help us
specific fields such as; Exploring Liberty, solve social and economic problems
Morality, Capitalism & Freedom. Liberty & most effectively?‖
Society, The Tradition of Liberty: Advanced
The program covers all forms of media from
Studies, Liberty & Leviathan: Policy from the
newsprint to investigative, digital (new media)
© 2011 – Voter’s Legislative Transparency Project Page 49
and broadcast. To understand the purpose of • ABC 20/20 in Manhattan
this ―education‖ provided by IHS, it is necessary • Fox News in Los Angeles and
to look briefly at each of the four media types New York
mentioned here.
• Hedrick Smith Productions in
Investigative Journalism is described by IHS as; Washington, DC
• MSNBC in New York City
―The Investigative Journalism track
of the IHS Journalism Internship New Media is described as;
Program is for print journalists
seeking challenging, investigative ―New media is transforming the
writing assignments at state-level, news business. Traditional media
public policy think tanks and firms such as newspapers, radio
independent, non-profit stations and television stations are
newsrooms.‖ becoming web-based news
providers, delivering print, video and
―Working under the guidance and audio online.
supervision of a professional
investigative journalist, you‘ll ―A journalist‘s responsibilities are
sharpen your writing, research and changing as well. Many journalism
analytical skills while learning how jobs require writing an article,
to investigate government capturing photos and video, and
programs. You‘ll leverage the promoting the story through multiple
resources and knowledge base of channels, such as social networks.
the think tank to provide a free- ―IHS sponsors paid internships with
market perspective to readers and media outlets charging into this new
government officials.‖ landscape. These organizations
Broadcast Journalism as; seek individuals ready to diversify
their skill set to report and deliver
―Through the IHS Journalism the news using the latest methods.‖
Internship Program, you can work at Newspaper internship is stated as;
a broadcast news organization or on
a television or radio program of a ―The Newspaper Track of the IHS
major media outlet. Internships can Journalism Internship Program
involved researching stories, offers the opportunity to gain
scheduling guest appearances, reporting experience and expand
going out on shoots, and conducting your professional network working
phone interviews. You can use your for a daily newspaper. During the
knowledge of current events, internship, you'll get to report rather
history, and politics to help create than merely fetch coffee! The
programs, and learn how an idea average intern walks away with at
makes it to prime-time.‖ Job least twenty clips.
placement after completing
internship includes: Placed at a daily newspaper, you'll
work on a variety of assignments:
• WTOP in Washington, DC
• write features
© 2011 – Voter’s Legislative Transparency Project Page 50
• report hard news World Bank
• contribute opinion commentary (Identifying placement of IHS alumni within the
• pursue investigative stories Department of State and Department of Justice,
with interns having a proven relationship with
Regular feedback on your work from
Koch‘s CABAL confirms the reason for VLTP‘s
editors and your fellow journalists
will strengthen your abilities. And concerns about these ―intern‖ programs).
you'll develop a network of
professional contacts that will help IHS was founded in 1961by Dr. F. A. "Baldy"
you launch a journalism career.‖ Harper, a former economics professor at Cornell
Placement after completion University. Through the years many of the
includes: interns placed by IHS and Koch have gone on to
• Gaston Gazette – Gastonia, NC placement in positions of importance within all
genre‘s of media, politics and many have gone
• The Monitor – McAllen, TX
on to become clerks for important politicians and
• Shelby Star – Shelby, NC judges. Others have seen their careers begin
• Orange County Register – Orange with the internship program and have since
County, CA become key personnel in those organizations
and think tanks where they began years before
• News Herald – Panama City, FL
as interns.
• New Bern Sun Journal – New
Bern, NC The mission of IHS is to support the
• The Brownsville Herald – achievement of a freer society by discovering
Brownsville, TX and facilitating the development of talented
students, scholars, and other intellectuals who
• Times-News – Burlington, NC.
share an interest in liberty and in advancing the
Research fails to reveal just how many of these principles and practice of freedom.
internships were provided over the years, but
159 Each year IHS awards over $750,000 in
IHS claims 900 (including Journalism alumni)
scholarships to students from universities
placed at:
around the world. IHS also sponsors the
Cato Institute attendance of hundreds of students at its
Institute for Justice summer seminars and provides various forms of
Reason Foundation career assistance, including sponsored
Council of Economic Advisors internships, to students and recent graduates
Wall Street Journal pursuing careers in academia, journalism, and
ABC News 20/20 public policy. Through its programs, the Institute
NBC promotes the study of liberty across a broad
New Republic range of disciplines, encouraging understanding,
JP Morgan open inquiry, rigorous scholarship, and creative
U.S. State Department problem-solving.
U.S. Department of Justice
© 2011 – Voter’s Legislative Transparency Project Page 51
As with most of the organizations, institutes and MSM today has shied away completely from
think tanks involved with the CABAL, IHS is reporting on ALEC, and although many
heavily dependent upon patriotic terminology. alternative news sources and organizations such
Every part of their program implies they exist to as the Nation, Center for Media and Democracy,
instill a pursuit of ―liberty‖ to those participating in Think Progress and others are reporting on
the Internships or post grad programs – along ALEC--the harm done to voters by that
160
with their perception of ―freedom‖. legislation, continues. Yet the NY Times, CBS,
ABC, the Post and most of the larger outlets
Our concern at VLTP with the IHS Summer considered ―Mainstream‖ continue to be silent
Internship Program is the impact upon our media about ALEC, their legislation, the harm done to
outlets and sources. Many of these interns have voters by that legislation and their pursuits of
by now become entrenched within all forms of privatization. This was recently demonstrated by
media in the U.S. It is possible some hold the MSM's ignoring the OWS movement until
positions as Broadcast, Newspaper and Digital there was violence in NYC. Then the MSM
Media outlet editors (senior and associate) finally began to report on the Movement. As
producers, executives and upon article time has passed, the coverage has devolved
committees. into stories of "dirty hippies", expressing the
observation that it is disorganized and bears a
As many Americans have begun to realize,
marked resemblance to the War protests of the
major events take place in the U.S. today, and
Vietnam era.
some of it – regardless of importance – does not
get reported, or if mentioned, is underreported. We believe that the IHS and similar internship
The Protest ALEC event in Cincinnati in April programs have been used to start the next
2011 took place within sight of the Cincinnati generation of conservative thinkers and
Enquirer‘s building and staff. Many watched the believers in positions of influence within the
marching, protesting and demonstrations from media – while at the same time large
the windows of the Enquirer (a Gannett owned corporations (with conservative-minded owners)
paper) yet there was nothing reported about the merged, acquired or outright purchased smaller
disruption of traffic, the speakers, issues, ALEC, media outlets. One quote from a recent Rush
marching or the main rally. Progressive and Limbaugh program supports this observation,
liberal media gave interviews, recorded the where he states that he ―clearly believes the
event and reported about the event in Cincy – but U.S. MSM is now controlled by
nothing from the MSM. conservatives.‖
161
More and more issues important to Americans This has concentrated our news in the smaller
are either not reported upon by leading number of hands of much of America's top 1%
corporate owned media outlets, or they are representing America‘s wealthiest and most
reported with a definite conservative pro- influential. Reporting has a definite conservative
corporate overtone. Programs such as this Koch branding that works to influence the minds of
funded-and-directed one of IHS would appear to readers, viewers and listeners. What is printed
be contributing to this new type of reporting. The today, broadcast or reported as ―investigative‖
© 2011 – Voter’s Legislative Transparency Project Page 52
journalism bears no comparison to the news as by those reporting it – not the government – the
reported in past years. Much of what we see, corporations owning our media.
hear and read today is in this manner, censored
© 2011 – Voter’s Legislative Transparency Project Page 53
―Charting Relationships of the Cabal‖
As the preceding information, facts and figures inform, there is a central theme to the network
binding ALEC, Koch, the corporations and various think tanks, institutes and large wealthy
foundations together. Of course it involves the conservative dogma put forth by ALEC’s
founders – mirrored in the mission statements of each of the many affiliate organizations,
foundations and think tanks involved.
Together all of these individuals, activities and funding forms this “Cabal” as referenced
throughout this report. Below are some of the charts and graphs showing the synergistic
relationships that link all of the players and activities together. Most of the charts are compiled
from Muckety. The first shows the connections to Charkes G. Koch Charitable Foundation:
Muckety metrics: Connections: Charles G. Koch Charitable Foundation has direct or once-
removed relationships with 398 people, organizations or other entities in our database of the
most influential people in America. Under a scoring system that gives more weight to direct
links, this score is higher than 98% of all entries. Muckety connection score: 98
© 2011 – Voter’s Legislative Transparency Project Page 54
CG KOCH FOUNDATION
The next chart shows the connections between Charles G. Koch and the Institute for Humane
Studies:162
Muckety metrics: Connections: Institute for Humane Studies has direct or once-removed
relationships with 51 people, organizations or other entities in our database of the most
© 2011 – Voter’s Legislative Transparency Project Page 55
influential people in America. Under a scoring system that gives more weight to direct links, this
score is higher than 62% of all entries.
People related to Institute for Humane Studies: Richard H. Fink - director
Other current Institute for Humane Studies relationships: Charles G. Koch Charitable Foundation
– funder of George Mason University – program. Muckety connection score: 62
IHS CHART
© 2011 – Voter’s Legislative Transparency Project Page 56
This expanded chart shows the relationship and connections of Koch through the IHS:163
IHS-KOCH EXTENDED RELATIONSHIPS
© 2011 – Voter’s Legislative Transparency Project Page 57
This chart shows the relationship between Koch and the CATO Institute and the relationship of
both to other Cabal Members:164
CATO Institute (Muckety rating 97%) –
CATO-KOCH
© 2011 – Voter’s Legislative Transparency Project Page 58
This chart shows the relationships and how the Federalist Society is connected through Charles
Koch to other CABAL members to Harlan R. Crow and Justices of the U.S. Supreme Court:165
Muckety Rating (99%) –
KOCH-CROW-THOMAS-CABAL RELATIONSHIPS
© 2011 – Voter’s Legislative Transparency Project Page 59
A compact view of the foregoing chart is here. Though all of these charts are hard to read due to the huge
number of connections, they can all be found at Muckety.com for those wanting to fully expand and see
the relationships in better detail: Harlan Crow that helps connect many of the CABAL members, has a
166
Muckety rating of 100%:
CROW-KOCH-CLARENCE THOMAS CHART
© 2011 – Voter’s Legislative Transparency Project Page 60
Due to the current attention related to Justice Clarence Thomas and his relationships with many of the
167
members of this conservative CABAL, we added this chart to the Report. This chart found at Muckety
sets Thomas‘ Influence rating at 96%. The previous chart revealed the relationship and connections
between Thomas, Crow and Koch. This one we expanded two of Thomas‘ clerk‘s relationships and that
of his wife. This clearly shows close ties to many of the CABAL organizations, foundations and individuals
with Justice Thomas. We already connected him to FREE and as a member of the Federalist Society
elsewhere in the report.
Justice Thomas, wife, clerk relationship
© 2011 – Voter’s Legislative Transparency Project Page 61
Expanding the Muckety chart on Justice Samuel Alito (Muckety Connection rating of 90%) to show the
relationship(s) with E. Gillespie his confirmation adviser we found connections to Dick Armey and his
Freedom Works Foundation, John Kasich and several Republican committees.
Alito, Gillespie, Armey chart
© 2011 – Voter’s Legislative Transparency Project Page 62
Finally, here is a chart showing just a few of ALEC’s more important connections and
relationships to many of the Cabal members shown in the preceding charts:168
ALEC RELATIONSHIP CHART
If all relationships between ALEC were expanded fully and connected to the foregoing charts, the picture
would be complete with every connection exposed. Muckety does not have this capacity (they don‘t list
23
ALEC or FREE in their database for some reason).
23
When VLTP made this chart we contacted Muckety staff and inquired why there was no data on ALEC. We received no
response from them. Shortly after this inquiry, Muckety discontinued allowing visitors to create their own relationship
charts – and continue to exclude ALEC from their database.
© 2011 – Voter’s Legislative Transparency Project Page 63
Conclusion
This report was written with attention to the and foundations in America to build a huge
involvement and influence of ALEC at the and complex - yet tightly defined - network.
federal level(s) of our government. Most
have been unaware of these activities and Over the past two decades this network
the changes that have occurred due to that began to merge corporate will with political
influence. control. Now this “will and control” have
become concentrated in the hands of a few
It was our intent to focus only on the multi-national companies, their wealthy
impact(s) of ALEC in regard to the owners and willing politicians retained to
Congressional corruption arising from their enable continued prosperity – for this
activities. The vast size of ALEC’s network CABAL.
and its involvement in both the public and
private sectors on all levels has made While this was happening, we paid little
concentrating upon federal issues difficult to attention to this network, unaware even of
accomplish. Since ALEC’s network their existence - until January of this year.
operates smoothly at all levels of local, state, Once the CABAL swept into many state and
national, international governments and in Congressional seats, they immediately
the private sector, their influence touches began to flex their political and corporate
and impacts each equally. muscles. Quickly they began openly
attacking the very foundations of democracy
For nearly forty years ALEC and its by attacking public education, healthcare for
conservative founders, members, supporters the masses, worker’s rights and a myriad
and benefactors have remained well under assortment of other important issues.
the radar of the media, investigators and
those who involve themselves in monitoring Our research uncovered Charles and David
and tracking government activities. Quietly Koch’s pursuits of funding this CABAL.
and with deft determination they worked in They do so in exchange for weaker more
conjunction with corporations, some corporate friendly environmental,
religious groups and the wealthiest families economics, privatization and anti-worker
laws. To assist in these efforts they bought a
© 2011 – Voter’s Legislative Transparency Project Page 64
strong ultra conservative voice in politics urges those receiving this report to put
through the Tea Party. Through these Heubeck’s lengthy conservative diatribe on
efforts they have increased their influence their suggested reading list. This really is a
upon the government and legislation roadmap that is being closely followed and
exponentially. implemented by those identified as being a
part of the Koch/ALEC network.
While some are aware of the activities that
have begun to surface about interference ALEC is a tax exempt charity operating
upon our state laws and legislators by Koch under an IRS 501 (c)(3) exemption as a
and ALEC, few realized that such charity. The IRS and Congressional rules
interference was also ongoing at the federal governing such an organization’s contact
level. Fewer still had any idea these with or involvement within Congressional
activities by conservative individuals, matters are more stringent than at the state
organizations or think tanks involved our level. Once ALEC’s Legislative members
mainstream media – and only a handful are elected to Congress and move away
were aware of the connections to and from their positions as state lawmakers, they
influence upon our Supreme Court. resign their “official” ALEC membership.
This is to avoid any appearance of - or
Clearly as this report provides, ALEC and actual - influence at the Congressional level
the CABAL have created a well organized, through ALEC.
well funded and dedicated membership
already in place and functioning to exert This Report reveals that though ALEC’s
their ideologies upon society. If after Alumni are no longer “official” members of
reading this you come to the conclusion that the organization, they do in fact remain
they are operating as if they have a business dedicated to and supportive of ALEC’s
plan or road map they follow, you are right. pursuit of legislative pursuits, initiatives and
conservative ideology. Many of the
In 2000 Eric Heubeck wrote and published a relationships they formed with corporate
treatise titled: “The Integration of Theory members of ALEC as state lawmakers are
and Practice: “A Program for the New continued once they advance to the level of
Traditionalist Movement”24. VLTP strongly a Congressional seat.
rticles/Free_Congress_Foundation_Integ
24
ration_of_Theory_and_Practice.htm
http://www.makethemaccountable.com/a
© 2011 – Voter’s Legislative Transparency Project Page 65
All of this leads to the conclusion that http://www.alec.org/task-
though ALEC has continuously claimed forces/international-relations/international-
they are a “charity” and tax exempt, their delegates/ at ALEC for a complete listing of
behavior refutes that. By meeting with state the eight countries represented by seventeen
and federal legislative committees to argue International Delegates.
on behalf of model legislation they wrote
and are supporting, their actions are not
charitable – rather out and out lobbying.
Secret membership lists, hidden legislation
prepared and ready to be sent out to
Congress and individual states is not
something typically done by charitable
organizations. Wining, dining and lavishing
gifts upon Supreme Court Justices and
Moldovan Prime Minister Vlad Filat and ALEC Executive
federal judiciary used to be unheard of and
Director Ron Scheberle discuss business opportunities
not condoned – either by the Judges or
in Moldova at a roundtable at ALEC on January 21, 2010.
society. In today’s conservative Koch and
ALEC atmosphere, such has become the
norm.
Recently ALEC’s sister charity in the UK,
Atlantic Bridge, just collapsed, taking
Britain’s Defense Minister with it amidst a
huge scandal. Because of this revelation -
clarified on a consulting basis at the request
of a British principal by Robert Sloan of
VLTP - many were suddenly made aware
that ALEC was involved in the UK scandal
and had established a large international
footprint, carrying their branding to many ALEC briefing with representatives from the People’s
Republic of China’s Commerce Ministry on December 7,
other countries; Poland, Australia, New 2009
Zealand, Germany, Moldavia and even
China. Visit the following page link:
© 2011 – Voter’s Legislative Transparency Project Page 66
Finally, by showing the clear associations to through ALEC. If we do not stop them here
and upon everything from state legislation to and now, we will be responsible for our own
Congress, the Supreme Court and beyond, continued losses of rights and freedoms as
we now have a more complete picture of the granted to us by The Constitution and the
power, influence and activities that have founders of our country.
pushed our very democracy to the breaking
point. In the fight over taxation of the The first and most important step is to fully
wealthy, the debt ceiling, immigration, expose this CABAL. The second step is
worker’s rights and privatization - the faces coming in less than a year: abolish them.
of those behind the argument on the VOTE. Vote each and every one of the
Conservative/Republican side become ALEC enabling state legislative members
clearly visible. The corporations’ and the Congressional Alumni out of office.
individuals, organizations and the It does not matter who we vote for to take
mechanisms used are visible as well. their place – as long as whoever it is, they
do not fall under the sway and influence of
Through legislation, paid interns, whispers ALEC. The third step is to stop corrupt
into the ears of ALEC members in the State lobbying at all levels of government. There
legislatures and ALEC "alumni" in the U.S. must be transparency about who writes our
Congress, and expensive and corruptive legislation, and why a specific bill was
influence(s) within the highest courts in the written.
land, the CABAL has taken away many of
our freedoms – and are looking to wrench Those identified in this Report are the
the rest from us. enablers who have fought for deregulating
banks, mortgage companies, investment
For the past 40 years it has been America houses, more mass incarceration, and
that has suffered at the hands of this privatization of our public assets. They have
network. Now with our money in their worked quietly behind the closed doors of
pockets, our homes under mortgage title to ALEC and our Houses of Congress to get
them, and our ability to resist through their way. Now that we know – we must do
activism and demonstrations decimated by everything in our power to put an end to it
lack of access to the MSM, they have turned and return our democracy to a place of
their focus upon the rest of the world – respect and envy upon the world stage.
© 2011 – Voter’s Legislative Transparency Project Page 67
End Notes
1
Brother of William F. Buckley, founder of the National Review Conservative Magazine.
2
http://alecwatch.org/chaptersix.html
3
http://www.nndb.com/people/076/000039956/
4
http://sourcewatch.org/index.php?title=Katherine_Harris
5
http://en.wikipedia.org/wiki/Mark_foley
6
http://www.alec.org/about-alec/history/
7
http://www.alec.org/about-alec/board-of-directors/
8
http://www.alec.org/about-alec/private-enterprise-board/
9
http://web.archive.org/web/20110406191609/http://www.alec.org/AM/Template.cfm?Section=Mod
el_Legislation1 (Note: ALEC has restricted access to their model legislation to members only. This
link is to a capture of the page from April 2011).
10
http://web.archive.org/web/20021029023442/http://www.alec.org/meSWFiles/pdf/2001_Annual_R
eport.pdf
11
http://www.c-spanvideo.org/program/16874-1
12
http://www.life.com/news-pictures/2352293/cheney-receives-conservative-groups-jefferson-
award
13
http://www.youtube.com/watch?v=UwAgjB1IEF0
14
http://www.greanvillepost.com/2011/07/23/alec-documents-reveal-how-corporations-secretly-
create-new-laws/
15
http://www.newyorker.com/reporting/2010/08/30/100830fa_fact_mayer?currentPage=all
16
http://www.highbeam.com/doc/1G1-4615321.html
© 2011 – Voter’s Legislative Transparency Project Page 68
17
Bob Williams, Kevin Bogardus Koch's Low Profile Belies Political Power: Private oil company
does both business and politics with the shades drawn, Center for Public Integrity, reposted March
31, 2006
18
http://www.linkedin.com/pub/alex-beehler/8/9a7/36
19
http://www.fas.org/sgp/crs/misc/R41776.pdf
20
http://www.ens-newswire.com/ens/dec2006/2006-12-07-09.asp
21
http://baycommanders.com/speakers.html
22
http://www.ashcroftgroupllc.com/news/announcements/former-missouri-governer-matt-
blunt-joins-the-ashcroft-group-llc/ (Scroll down to find Schauder)
23
ibid
24
http://web.archive.org/web/20060117134326/http:/www.alec.org/meSWFiles/pdf/2005FederalForu
m.pdf
25
family foundations
26
http://www.nal.usda.gov/awic/legislat/pl102346.htm
27
http://epw.senate.gov/pressitem.cfm?party=rep&id=247941
28
http://www.alecexposed.org/w/images/e/e6/3D1-
The_Animal_and_Ecological_Terrorism_Act_%28AETA%29_Exposed.pdf
29
http://www.furcommission.com/resource/SFresources/AETAFacts.pdf
30
http://www.furcommission.com/resource/pressSFbills.htm (scroll down on the left)
31
http://www.nabr.org/PB2Col.aspx?pageid=135
32
http://www.greenisthenewred.com/blog/internal-industry-documents-show-plans-for-labeling-
activists-as-eco-terrorists-part-1-of-3/796/
33
http://www.alec.org/about-alec/private-enterprise-board/
34
http://www.phrma.org/about/member-companies
35
http://www.cldc.org/AETA.shtml
© 2011 – Voter’s Legislative Transparency Project Page 69
36
http://www.c-spanvideo.org/program/HouseSession3252&start=45759
37
http://alecwatch.org/members.PDF
38
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&ved=0CDQQFjAD&url=htt
p%3A%2F%2Fwww.govtrack.us%2Fcongress%2Fbill.xpd%3Fbill%3Dh109-
6407&ei=torKTtinFebU2AXn6b2-
Dw&usg=AFQjCNFDUJpi7Ko8qUZfHWjGxRejp8nUWA&sig2=7yIPk4-KPflFI2-lRl0ssQ
39
http://www.ntu.org/assets/pdf/l050124_postalreform.pdf
40
http://econjwatch.org/file_download/19/2004-04-geddes-reach_concl.pdf
41
http://tpmcafe.talkingpointsmemo.com/talk/blogs/d/a/david_seaton/2010/08/the-koch-
brothers.php?ref=reccafe
42
http://www.ntu.org/news-and-issues/government-reform/postal-service/first-class-to-nowhere-
postal-reform.html
43
http://www.cato.org/downsizing-government/Downsizing-the-Federal-Government.pdf
44
http://reason.org/files/28922bb003306e237313f62835566d1e.pdf
45
http://www.govtrack.us/congress/bill.xpd?bill=h109-6407
46
http://en.wikipedia.org/wiki/Jeannemarie_Devolites_Davis
47
http://en.wikipedia.org/wiki/Tom_Davis_III
48
http://www.wpcva.com/articles/2010/01/14/chatham/news/news47.txt
49
http://www.policyarchive.org/handle/10207/bitstreams/5904.pdf
50
http://www.desmogblog.com/koch-and-george-mason-university
51
http://web.archive.org/web/20050211054236/http://www.gmu.edu/news/gazette/9708/newbov.htm
l
52
Richard Fink
© 2011 – Voter’s Legislative Transparency Project Page 70
53
http://www.prwatch.org/news/2011/08/10988/toxic-koch-keeping-americans-risk-
poison-gas-disaster
54
http://www.opensecrets.org/politicians/contrib.php?cycle=2006&cid=N00000491&type=I
&newmem=N
55
http://www.opensecrets.org/orgs/summary.php?id=D000000114
56
http://www.opensecrets.org/politicians/contrib.php?cycle=2008&type=I&cid=N00000491
&newMem=N&recs=20
57
http://www.alec.org/about-alec/private-enterprise-board/
58
http://www.businessinsider.com/things-you-should-know-about-the-us-postal-service-before-it-
goes-bankrupt-2011-5?op=1
59
http://www.alecexposed.org/w/images/5/56/8D1-
ALEC_on_State_and_Local_Govt_Pension_and_OPEB_Plans_exposed.pdf
60
http://www.marketwatch.com/investing/stock/ups/financials
61
http://www.marketwatch.com/investing/stock/fdx/financials
62
http://www.fedex.com/us/investorrelations/financialinfo/2007annualreport/online/fin_highlights.htm
l#top
63
http://www.fedex.com/us/investorrelations/financialinfo/2008annualreport/fin_highlights.
html
64
http://finance.yahoo.com/q/hl?s=FedEx
65
http://www.masonlec.org/program/judicial-education-program/
66
http://old.mediatransparency.org/kochaggregateprint.php
67
http://www.free-eco.org/funding.php
68
https://psds.uscourts.gov/psdsdetail.pdf (starts on page 147)
© 2011 – Voter’s Legislative Transparency Project Page 71
69
http://tripsforjudges.org/listResults.asp
70
ibid
71
http://old.mediatransparency.org/kochaggregateprint.php
72
http://old.mediatransparency.org/kochaggregateprint.php
73
http://www.aspeninstitute.org/people/david-koch
74
http://en.wikipedia.org/wiki/Henry_N._Butler
75
http://www.communityrights.org/TaintedJustice/KochReport.pdf
76
http://www.ijaworld.org/index.html
77
http://www.soros.org/about
78
http://www.soros.org/about/expenditures/expenditures-20110620.pdf
79
https://psds.uscourts.gov/psdsdetail.pdf
80
http://sourcewatch.org/index.php?title=ALEC_Corporations
81
http://www.heritage.org/~/media/Financial%20PDFs/THF_08_Annual_Report.ashx
82
http://old.mediatransparency.org/recipientsoffunderprint.php?funderID=31
83
http://www.charleskochinstitute.org/internship-program/after-the-program
84
http://www.sourcewatch.org/index.php?title=Heartland_Institute
85
http://www.spn.org/publications/pubid.260/pub_detail.asp
86
http://www.newsmax.com/InsideCover/bush-veto-children-health/2007/10/18/id/321939
87
http://www.americanindependent.com/190483/alec-model-legislation-echoes-tppf-perry-backed-
higher-ed-reforms-in-texas
88
http://watch.pair.com/charter6.html
89
http://www.powerbase.info/index.php/Washington_Legal_Foundation
© 2011 – Voter’s Legislative Transparency Project Page 72
90
http://www.legalreforminthenews.com/Reports/AEI-
Brookings%20JEP%20Annual%20Report%20June%2030%202005.pdf
91
http://www.polluterwatch.com/blog/graphic-art-popes-political-network
92
http://www.google.com/patents/about?id=u10UAAAAEBAJ
93
http://sourcewatch.org/index.php?title=Manhattan_Institute_for_Policy_Research
94
http://reason.org/experts/show/robert-poole
95
http://www.nonprofitquarterly.org/index.php?option=com_content&view=article&id=5691:the-
cohen-report-the-starfish-and-the-tea-party-part-ii
96
http://www.sourcewatch.org/index.php?title=ALEC_Non-Profits
97
http://www.sourcewatch.org/index.php?title=Reason_Foundation
98
http://www.flickr.com/photos/searlecenter/4158656691/ (photo of Henry Butler speaking at an
ALEC Summit meeting).
99
http://sciencecorruption.com/ATN166/00455.html (showing grants from Koch, Olin, Coors,
Scaife).
100
http://www.entrepreneurship.org/en/policy-forum/new-benchmarking-reports-cyberstates-and-
rich-states-poor-states.aspx
101
http://www.cspi.net/integrity/nonprofits/american_legislative_exchange_council.html
102
http://www.cspi.net/integrity/nonprofits/american_legislative_exchange_council.html
103
https://psds.uscourts.gov/psdsdetail.pdf
104
http://web.archive.org/web/20070703230220/http://www.free-eco.org/newsletter/Jun05News-
web.pdf
105
http://www.free-eco.org/board_batchelder.php
106
http://www.free-eco.org/board_boggs.php
107
http://www.free-eco.org/board_clement.php
© 2011 – Voter’s Legislative Transparency Project Page 73
108
http://www.free-eco.org/board_meese.php
109
http://www.free-eco.org/board_adler.php
110
http://www.free-eco.org/board_huffman.php
111
http://www.free-eco.org/board_vonkannon.php
112
http://www.free-eco.org/board_zywicki.php
113
http://www.washingtonpost.com/wp-dyn/content/article/2005/05/05/AR2005050501850.html
114
http://www.tripsforjudges.org/crc.pdf
115
http://www.communityrights.org/TaintedJustice/Chap3.pdf, (Chapter 3 pg. 25).
116
http://scholar.google.com/scholar_case?case=219035289030989806&q=Preseault+v.+United+St
ates&hl=en&as_sdt=2,15&as_vis=1
117
http://images2.americanprogressaction.org/ThinkProgress/secretkochmeeting.pdf
118
http://articles.latimes.com/2011/jan/21/nation/la-na-court-conflict-20110121
119
http://www.kochfacts.com/kf/category/media-inaccuracies/page/2/
120
http://www.tripsforjudges.org/listResults.asp
121
http://www.muckety.com/Harlan-R-Crow/2276.muckety
122
http://www.nytimes.com/2008/04/29/washington/28cnd-scotus.html
123
http://en.wikipedia.org/wiki/National_Cable_%26_Telecommunications_Association_v._Brand_X_I
nternet_Services
124
http://www.spartacus.schoolnet.co.uk/USAsupreme.htm
125
http://acalitigationblog.blogspot.com/2011/05/florida-v-hhs-amicus-briefs.html
126
http://acalitigationblog.blogspot.com/2011/05/florida-v-hhs-amicus-briefs.html (pg‘s 9-10).
127
http://www.mackinac.org/8065
© 2011 – Voter’s Legislative Transparency Project Page 74
128
http://www.appellate.net/briefs/Davenport_Amicus_brief.pdf
129
http://www.nrtw.org/pdfs/Davenport/11-9-briefs/Amicus%20Merits%20Brief%20Cato.pdf
130
http://supreme.lp.findlaw.com/supreme_court/briefs/05-1589/05-1589.pet.ami.eff.pdf
131
http://supreme.lp.findlaw.com/supreme_court/briefs/05-1589/05-1589.pet.ami.plf.pdf
132
Institute for Justice
133
http://www.nrtw.org/pdfs/Davenport/11-9-briefs/Amicus%20Merits%20Brief%20EFF.pdf
134
Ibid.
135
http://www.nrtw.org/es/press-release-categories/illegal-forced-dues-and-money-
politics?page=5
136
McDonald v. City of Chicago, http://www.scotusblog.com/case-files/cases/mcdonald-v-city-of-
chicago/
137
http://www.imsfreespeech.org/amicus-briefs
138
http://www.alecexposed.org/w/images/c/ce/0E0-
Asbeston_and_Silica_Claims_Priorities_Act_Exposed.pdf
139
http://heartland.org/sites/default/files/sites/all/modules/custom/heartland_migration/files/pdfs/2144
5.pdf
140
http://www.nd.gov/sos/lobbylegislate/lobbying/org-w-loby-2009.html
141
http://www.youtube.com/watch?v=o-KAsQUYvww (video of Mark Behrens addressing MO.
Legislature in support of ALEC‘s Asbestos and Silica Claims Priorities Act.
142
http://www.rutgerspolicyjournal.org/sites/rutgerspolicyjournal.org/files/issues/8_1/Behrens_Final_
READY_FOR_PUBLICATION.pdf
143
http://www.courts.wa.gov/content/Briefs/A08/802513%20respondent's%20answer%20to%20Coali
tion%20for%20Litigation%20Justice%20amicus.pdf
144
http://www.theihs.org/
© 2011 – Voter’s Legislative Transparency Project Page 75
145
http://www.supportihs.org/50thdinner
146
http://en.wikipedia.org/wiki/Institute_for_Humane_Studies
147
http://www.theihs.org/koch-summer-fellow-program
148
http://www.theihs.org/koch-summer-fellow-program/host-search
149
http://www.theihs.org/summer-graduate-research-fellowships/alumni-profiles
150
http://www.supportihs.org/50thdinner
151
http://www.charleskochinstitute.org/internship-program/
152
http://www.heritage.org/about/internships-young-leaders/the-heritage-foundation-internship-
program
153
http://reason.org/about/jobs/
154
http://mercatus.org/about/employment-fellowship-opportunities#MediaRelationsIntern
155
http://web.archive.org/web/20110407104108/http://www.alec.org/Content/NavigationMenu/About/
Opportunities/default.htm
156
http://www.cato.org/jobs/intern/index.html
157
http://www.theihs.org/ihs-journalism-internship-program
158
http://www.theihs.org/summer-seminars/schedule-of-seminars
159
http://www.theihs.org/koch-summer-fellow-program/alumni-network
160
http://www.theihs.org/history-mission
161
http://www.alternet.org/newsandviews/article/728866/rush_limbaugh_admits_the_media_is_cons
ervative/
162
http://www.flickr.com/photos/59131242@N02/6306234975/
163
http://www.flickr.com/photos/59131242@N02/6306223005/
164
http://farm7.static.flickr.com/6037/6307013320_a6e6421a49.jpg
© 2011 – Voter’s Legislative Transparency Project Page 76
165
http://www.muckety.com/4092C28629D2D3D65B515863A8EFAB91.map
166
http://farm7.static.flickr.com/6039/6307174418_2e9d55be13.jpg
167
http://www.muckety.com/Clarence-Thomas/3939.muckety
168
http://farm7.static.flickr.com/6051/5891451886_28ff4127fb.jpg
© 2011 – Voter’s Legislative Transparency Project Page 77