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March 12, 2007
Lobbying the Activist Community
Based on a CounterPunch article by STEPHEN CONN

Many progressives and peace activists who helped stop Ralph Nader during the 2004 elections have not realized it yet, but they were used as pawns by the corporate interests of the two major parties.

Ralph's Revolt:  The Case for Joining Nader's Rebellion

Antiwar activists, feminists and environmentalists who enthusiastically rode the Oldaker-Brandon-Moffett train over Ralph Nader and his antiwar, progressive agenda must have been a great source of amusement to occupants of boardrooms, corporate law firms, and palaces around the world.

Who would have guessed that progressives would be such naive and willing instruments of their own destruction in such a plan?

1. After months of research, fundraising and development of a detailed plan, anti-Nader Democrats launched a two pronged attack on the Nader campaign in meetings with party leaders from Washington state, New Mexico and elsewhere during the Democratic Convention (David Postman, "Nader foes seek funding from Democratic donors," Seattle Times. July 28, 2004).

2. The first prong was a nationwide preemptive attack on voters who might choose Nader at the polls. The Democratic Party would field law firms to challenge Nader's access to state ballots with ubiquitous law suits that would deplete his resources and limit his candidacy.

America's lawyer was about to get "papered." The plan was that Nader and his grassroots campaign would be sued to death.

3. The second prong was a campaign to insinuate and perpetuate a lie that was found most effective by polling and focus groups, that Ralph Nader was a "tool of right wing Republicans."

4. For this purpose "The Ballot Project Inc." took its modest initial funding from former Monsanto CEO and genetic farming proponent Robert Shapiro, with another $25,000, (an amount far in excess of legislated campaign finance limits), from West Coast Democratic money man, Max Palevsky.

5. This 527c group, officially called, 'Focus on Ballot Qualifications, Inc.,' was created in June, 2004 by candidate Wesley Clark's former counsel - now - Kerry supporter, William C. Oldaker, the former Federal Elections Commission General Counsel, an elections law strategist and longtime Democratic insider.

6. Oldaker is a partner in the Democratic law firm Oldaker, Biden and Belair and founding principal of the newly formed National Group.

The National Group clients, including the Bituminous Coal Association, Delta Air, Corning Glass, Equifax and Neuralstem Biopharmaceuticals (which Oldaker co-founded) regularly seek largess and other special favors from government of the kind Nader has long denounced.

(Note: consolidated client list for some of the principles in this scheme here.)

7. The Ballot Project Inc. coordinated the anti-Nader ballot access project with hundreds of lawyers throughout the country, including the banking, drug and advertising industries' favorite, Republican law firm Reed Smith in Pennsylvania, and General Motors' and tobacco giant, Brown and Williamson's defense attorneys, Kirkland and Ellis, in Ohio.

Partners in both the aforementioned firms fought Nader's ballot access tooth and nail, logging hundreds of thousands of dollars in partner hours in their effort.

There has not been a single question raised from mainstream reporters as to how corporate attorneys of such prominence could justify their pro bono efforts to restive, paying corporate clients around the world.

Partners in both Reed Smith and Kirkland and Ellis were quoted extensively and favorably in the New York Times and elsewhere as they portrayed themselves as self-appointed guardians of the ballot against the likes of Ralph Nader.

Reed Smith, a major corporate law firm from Pennsylvania that has battled Nader over advertising pitched at children, provided 12 attorneys including 7 partners and billed 1,300+ hours to keep Nader off the ballot.

(Ed. note: May, 2005 Reed Smith has pulled the press release -- formerly linked in the preceding paragraph -- from their web site. This Google inquiry shows they were too late to effectively cover their tracks.)

Kirkland and Ellis, Ken Starr's law firm, which represents General Motors and other major corporate players, lead the anti-Nader effort in Ohio. (Ken Starr, if you've forgotten, was the lead Clinton-stalker of Whitewater fame.)

Curiously, no journalistic suspicions about this coordinated investment in "good government" high-mindedness among top corporate law and lobbying firms have been raised, nor have journalists noticed the profound absence of the involvement on the other side by civil libertarian groups who might have rushed to defend the would-be Nader voters' Constitutional rights.

The second prong, aimed at voters in states where Nader could not be kept from the ballot or where he was a write-in candidate, force fed voters with the most effective lies possible, discovered in extensive research by Bill Clinton pollster, Stanley Greenberg, that Nader was funded and controlled and "in bed with" right wing Republicans.

8. This agitprop campaign needed some visible juice to spread the lies. A Kerry PAC called "United Progressives for Victory" was set up in June by Oldaker, housed in the DC offices of Robert Brandon and Associates, 1730 Rhode Island Ave. suite 712, the same office to house "The Ballot Project."

(Ed. note: May, 2005 -- These guys are crawling back under their rocks. The United Progressives for Victory site appears to have been tanken down. Try this Google search.)

9. Robert M. Brandon is a typical DC public relations flack who sings whatever song is placed in his mouth with a check. (Brandon client list)

(Ed. note: January, 2005 Note that Bob Brandon has massaged his web site image since first publication of this story. He is no longer bragging about his corporate clients quite so vigorously. To look at him now, why you would think he was a regular guy. Please! See the sidebar under items 8 and 9 )

In "open letters," full of boilerplate focus-group language circulated to national and state progressives, Robert Brandon portrayed Nader as a figurehead of the Republican right and as a "divider" of the progressive movement. Then they try the money issue.

Yes, though registered Republicans accounted for a full quarter of his votes in the 2000 election, the Center for Responsive Politics has long concluded that this year, no more than 4% of Nader funds come from Republicans.

Moreover, this $111,700 was from more than 700 individuals who gave for whatever reason. (And to many observers, it is far from clear what motivates Republicans to do many of the things they do.) What's more, these same 700 gave the Democrats more money than they gave Nader/Camejo—$146,000 to $111,700. Hey, Democrats, what's up with that? Are you going to denounce YOUR swag from these same 700 individuals?

It is a matter of public record that there was no organized group donations from the right at all, and Brandon knew it. The Democrats, at war against Nader, found truth an easy victim.

Sadly, by now, many antiwar activists and progressives across the country had piled on to the calculated Brandon smear campaign. There was no serious fact checking when these wild anti-Nader stories first started surfacing.

(Ed. note: May, 2005 The link provided above is from our archive and is not fully functional. But the names are still there. It is easy to see why this page was taken down. Certainly, few of these people want to be associated with this dirty operation, now that the truth is coming out.)

It's was clear by mid-October that bipartisan corporatists were chewing up their longtime nemesis, Ralph Nader. But in June and July, as Brandon and others ramped up their campaign of lies and slurs and partial truths and innuendo, as if by magic, this body of stories seemed to take on a life of its own.

But then, isn't that what successful lobbyists do? -- bring their target group around, step by step, until the required point of view is accepted fact? And these guys are good. That's why they get paid the big bucks.

Sadly, for many of our progressive "leaders," these efforts were successful beyond imagination. The pack effect of "me-too-ism" got to where anything negative heard or said about Nader seemed plausible.

Based on these often illogical and sometimes outrageous claims, many people from our frightened progressive community enlisted themselves actively in this attack, some as well-meaning water carriers, but others as vocal standard bearers.

10. Media spokesmen for both the Ballot Project and United Progressives for Victory were Robert M. Brandon and Toby Moffett.

Moffett is a former Monsanto official, now lobbyist for foreign countries, the Cayman Islands, Turkey (at $1.8 million a year) and the Kingdom of Morocco, defense contractors like Raytheon and Northrop Grumman, and McDermott International, a Houston oil drilling firm interested in asbestos liability immunity.

Moffett is a partner in the Republican law firm Livingston Group and also in its Livingston-Moffett International Group Practice. It should be pointed out that this Livingston is "Bob" Livingston, as in former Republican Speaker of the House during the Clinton impeachment.

Moffett makes big money for his clients from the war and occupation of Iraq. One Moffett client is British firm, De La Rue. It secured contracts to print new Iraqi money and travel documents through Moffett's efforts. The Livingston group guided Turkey to its lucrative billion dollar plus foreign aid alliance with the Bush administration.

Nader cited Moffett for turning the Democratic Leadership Council into a corporate bag man for the party.

Apparently the corporate clients of Oldaker and Moffett saw a smooth fit between this strategy of their agents to deny Nader ballot access and their own desires to discredit Nader's anti-corporate agenda. As a bonus they got to discredit the entire progressive movement at the same time - and this whether Kerry got elected or not!

Anyone who now reviews the client lists of the Livingston Group or The National Groups web site -- will clearly see that this anti-Nader crusade, designed and orchestrated by the Democrats, was a clear extension of the Oldaker and Moffett clients' natural desire to maintain and extend their corporate influence, whether in a new Kerry administration, or a second Bush term.

Hatred of the progressive agenda and of Ralph's persistent public meddling in corporate matters created a most happy coincidence of self-interest for these corporate clients and their attorneys. They shared enthusiasm for beating up on Nader in the courts and in the press.

Considering who they were, Kirkland and Ellis' clients, General Motors and the Brown and Williamson Tobacco Company, and 29 of the top 30 big banks and 9 of the top 10 drug companies -- all represented by Reed and Smith -- they stood to only gain from conflict within the progressive movement.

Not yet knowing, and not really caring the outcome of the presidential race, these law firms invested vast professional resources in the destruction of Nader and his reputation. Their work was to ease the way for their corporate clients. Hopefully, Nader's Washington influence has been diminished to give them full value for their efforts.  Thank you, Michael Moore, Mother Jones and The Nation, Eric Alterman and Norman Solomon, etc..

And what of these Anybody-but-Bush progressives who supported the effort by signing on to anti-Nader letters drafted by Brandon and Associates for the United Progressives?

Perhaps, for them, the end justified the means. Most charitably, they were fooled and they merely went along with people they trusted.

But whether they were duped by the Brandon campaign, or they chose this direction on their own, they were clearly used by corporate interests whom they certainly disagreed with. Nader's message was, after all, our own.

Antiwar activists, feminists and environmentalists who enthusiastically rode the Oldaker-Brandon-Moffett train over Ralph Nader and his antiwar, progressive agenda must have been a great source of amusement to occupants of boardrooms, corporate law firms, and palaces around the world.

Who would have guessed that progressives would be such naive and willing instruments of their own destruction in this plan carried forward by acknowledged advocates for multinational and foreign national agenda?

Our former ignorance of this well-played scheme -- with its links back to the Democratic party leadership, the corporations, their lawyers and lobbyists, -- can no longer be an excuse. Any of us could have surfed the Web and connected these dots. Now true progressives will do so, and to our dismay.


 

 

Based on a CounterPunch article by STEPHEN CONN

Stephen Conn is a retired Professor of Justice at the University of Alaska.


1.

They were going to smash Nader by any means necessary.

The plan was talked up openly by midsummer, as this press report reveals, going into the Democratic Convention.

Seattle Times July 28th, 2004

Nader foes seek funding from Democratic donors -- Seattle Times,  July 28, 2004


2.

The most powerful law firms of corporate America were brought to bear against the Nader campaign.

The plan was to bleed his campaign, to "sue him to death."  

And who did this? Well, for starters, we have the tobacco boosters, Kirkland and Ellis (Happens to be Ken Starr's law firm, of Clinton-stalking Whitewater fame.)

And the banking, drug and advertising industries Republican favorite, Reed Smith

Reed Smith has provided 12 attorneys including 7 partners billing 1,300+ hours in the effort to keep Nader off the ballot.

The NY Times reported these two firms alone logged thousands of partner hours in the effort to block Nader's ballot access.

Client list for Reed Smith

Client list for Kirkland and Ellis

Detailed audio account of Kirkland and Ellis at work against Nader in Ohio this week.

Get FREE Windows Media Player here Free Windows Media Player


3.

"I hear Nader is funded and controlled and 'in bed with' right wing Republicans? " 

Say, huh?

Wait. We all know Nader's 40-year history. This is the most absurd statement imaginable. Where the hell could something this bizarre come from?

How about from Bill Clinton's pollster, Stanley Greenberg?

His extensive research determined that this assertion would be the most destructive charge possible against the Nader campaign.

Greenberg sells his statistical shtick here

Client list for this Nader basher

Amazing!

Absolutely no basis in fact, but he reported to Brandon that this specific charge drove his focus groups nuts! And that's exactly what they were looking for.

Are ya hearing this, Eric Alterman?


4.

Early on, two people put up the initial money for this smash Nader campaign. Who do you suppose had ready money for this project in democracy?

How about $10,000 from the former CEO of the Monsanto Corporation, Robert Shapiro? (Check the funding of the 527C, below.)

Yes, this is the same Monsanto with their eco-nightmare, Agent Orange and now "patenting life" with BgH and other genetically modified FrankenFood.

Add another $25,000 from former Xerox board chair and CEO of the Intel Corporation, Max Palevsky.  Here he is with his wife.

Thanks, Bob!  For your attacks on the earth and your attacks on democracy

Robert Shapiro, grassroots activist, $10,000

Max Palevsky is a noted computer pioneer, film producer, campaign finance reform activist and art collector. An early entrant into the computer industry, Palevsky's entrepreneurial drive fueled the start of two major computer companies, Scientific Data Systems (SDS) and Intel Corporation. He probably is best known for the 1969 sale of SDS -- his then 8-year-old firm -- to Xerox Corporation for nearly $1 billion.

Max Palevsky, grassroots activist, $25,000 (with his... uh, yep... wife)


5.

They quietly put this money to work.

The 527C reporting schedule makes it possible to hide the true source of virtually unlimited money for up to 3 months -- Long enough for this phony group to pass itself off to the community as "progressive".

The reports didn't have to be filed until the end of the quarter.

The timing of the project didn't allow them to avail themselves of the full grace period, but a month is still a long time in a presidential election.

The original 527C application for "Focus on Ballot Qualifications, Inc."

formed by Oldaker 6/2/2004

William C. Oldaker -- Must  be camera shy -- We could find no photo of him on the Web

Grassroots activist William C. Oldaker is hiding his face from the Web


6.

William C. Oldaker pulled it all together. That's his name at the bottom of the 527c report.

William C. Oldaker may be best known as the high-power tobacco lobbyist for Philip Morris who defeated Arizona Sen. John McCain's tobacco bill in 1998. The industry paid $40 million for this victory.

His law firm is a case study in blatant influence-peddling and he has since moved up -- to be a founding principal of the newly-formed National Group

The National Group client list

Bill Oldaker's  National Group rakes in the BIG bucks!

Let us now count the progressive grassroots activists on this list...


7.

Okay, so, just who and what is "The Ballot Project"?

It's hard to say. They have no Web site. You can put the search engines on them and get quite a bit of chatter, but it's hard to pin down who they actually are. (note 11/06: there is more now -- check it out)

That is, until we see them connected to Brandon and Moffett and their "United Progressives for Victory."

Search the Web for "The Ballot Project"

The Ballot Project, Inc has no web page

The dots are starting to connect...


8.

"United Progressives for Victory" and "The Ballot Project" were both run out of Robert Brandon's DC office at 1730 Rhode Island Ave. Suite 712.

Such a small world. And how does Bob find the time away from his real clients?

Jan, 2005 Note: Bob has cleaned up his site. He's not crowing about his corporate clients so vigorously. Now he sounds quite warm and fuzzy.

However, the client names below were prominent on his site when this piece was first researched.

Washington DC offices for "The Ballot Project", "United Progressives for Victory" and Bob Brandon's influence mill

The scene of the crime!  1730 Rhode Island Ave.  Suite 712


9.

Some of Brandon's other projects in democracy include these paying customers:

The Democratic National Committee(DNC)

• United States Information Agency (USIA)

• Association of Trial Lawyers of America (ATLA)

• Localization Industry Standards Association (LISA)  This one is the best! Truly! Way to go, Bob! Really showing yer stuff here.

 

And his ONLY contribution to Kerry was a belated $250 just days before the smash Nader project was launched.

Brandon Associates had time and energy for this deceitful irony...

Irony and deceipt -- The Democrats put up a fight before going down for the count.  Finally.

Brandon Associates: "Advancing the interests and publicizing the achievements of the world's leading high tech trade association focusing on multilingual global commerce"

Robert M. Brandon, grassroots activist.

Oh, great job on those Web sites for your pals, Bob.

That's how a "grassroots" organizer should apply his efforts, don't ya think?

Hey Bob, fess up. Aren't you really just a corporate whore?


10.

Steve Raikin of Springfield, VA got an initial $2,000 for starters at the founding of the 527c in June. (Raikin clearly in from the beginning -- PDF of founding document)

He stressed that his efforts were strictly nonpartisan, motivated purely out of concern for the sanctity of the ballot process.

Here Steve was shocked! shocked! that Ralph had a Republican lawyer.

Another key player in this scam was Toby Moffett . Thirty years ago he was one of "Nader's Raiders".

No more. Now he is the media spokesperson for both the "The Ballot Project" and "United Progressives for Victory."

He is also a partner in the (republican) Livingston Group.

They sport a client list that should raise some questions about the "grassroots, progressive" image of these phony anti-Nader, so-called organizations.

Steve Raikin left his home in Virginia to protect Floridians from Nader. Such dedication!

(We were unable to find a picture of him.)

Steve Raikin:  Traveling man and grassroots activist,   Not a partisan bone in his body!

Traveling man and grassroots activist, Steve Raikin

Toby Moffett started out to do good.  And he did right well.

Toby Moffett, grassroots activist

Former Monsanto official, now lobbyist for the Cayman Islands, Turkey, and Morocco -- Raytheon, Northrop Grumman, and asbestos-troubled McDermott International of Houston.


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by Greg Bates

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