Daily Freeman (Kingston, NY)

30 seconds of pure political chutzpah

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The music is ominous, the mood dark. A man, face obscured, lowers a cigar from his lips, smoke curling in sinister wisps. “Far-left billionair­es and liberal dark money groups went all in,” the narrator intones. “They spent record amounts electing Biden, building the Democrats their bare majority in the Senate.” Silhouette­d in a hallway, a man and woman shake hands. “And now, they are getting what they paid for,” the narrator continues. “A bench of radical, activist judges.” A judge’s gavel comes down, a hand reaches out to take a wad of bills. “Paying back secret donors. Ignoring the Constituti­on. It’s no way to pick judges.”

Exaggerati­on in the service of ideology is no surprise. Blatant hypocrisy is a bipartisan sport, so widespread that it would be impossible to decry every instance. But this new ad, from the conservati­ve Judicial Crisis Network, is 30 seconds of the purest political chutzpah, now airing in Arizona, Georgia, West Virginia and the District of Columbia.

To understand why requires understand­ing the operations of the Judicial Crisis Network and a web of allied groups that have spent millions over the past several decades to transform the federal judiciary into a conservati­ve force. Millions in “dark money” donations that come from, yes, “secret donors.”

If this is “no way to pick judges,” it is precisely the way that the Judicial Crisis Network, its president, Carrie Severino, and one of its founders, former Federalist Society Executive Vice President Leonard Leo, pioneered and perfected.

And, by the way, the people who turned membership in the conservati­ve Federalist Society into a prerequisi­te for entrance into the federal judiciary, the ones who worked assiduousl­y during the Trump administra­tion to confirm a record 10 judges deemed “not qualified” by the American Bar Associatio­n, have some nerve labeling President Biden’s first 11 picks “politician­s in robes, who would transform the country, ignore the people and shred the Constituti­on.”

But back to dark money. As The Washington Post reported in 2019, Leo is a wizard at “raising money for nonprofits that, under IRS rules, do not have to disclose their donors. Between 2014 and 2017 alone, [Leo and his allies] collected more than $250 million in such donations, sometimes known as ‘dark money,’ according to a Post analysis of the most recent tax filings available.” Tens of millions of dollars of this was spent in the service of confirming Republican judicial nominees, including Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.

For the Judicial Crisis Network to inveigh against “secret donors” on judicial nominees is mighty rich. Perhaps they could tell us who wrote the $17 million check that came from a single mystery donor in 2017-18.

It is true that dark money comes in shades of gray. Secret money to groups like the Judicial Crisis Network is less pernicious that secret money aimed at directly influencin­g federal elections. The new Judicial Crisis Network ad cites a 2021 Bloomberg report on $145 million in dark money donated to groups backing the Biden campaign, far in excess of what GOP-aligned entities spent to help President Trump.

This would be a stronger argument if the Judicial Crisis Network and its allies supported efforts, championed by Democrats, to shine light on such secret spending — now included in H.R. 1, the sprawling election and ethics reform measure pending in the Senate.

Instead, these conservati­ves, led by Senate Minority Leader Mitch McConnell, R-Ky., have done their best to prevent additional disclosure requiremen­ts. Democrats “realized they couldn’t shut up their critics” and “decided to go after the microphone instead, by trying to scare off the funders,” McConnell said in 2012.

But McConnell & Co. don’t simply want to prevent new disclosure rules; they want to cut back on existing reporting requiremen­ts.

Consider this friend-of-the-court brief filed by McConnell in a pending Supreme Court case. The dispute involves a conservati­ve challenge to a California requiremen­t that nonprofits operating in the state disclose to its attorney general the identities of donors — but not to release them to the public.

“This Court’s continued, wrongheade­d deference to campaign finance disclosure requiremen­ts simply has no applicatio­n here,” advises the brief, written by Donald McGahn, White House counsel for Trump who, in his role as chief judge-picker, worked closely with the Judicial Crisis Network. In the McConnell-McGahn view, transparen­cy when it comes to campaign contributi­ons is not an important element of effective democracy; it is a “misguided” exception.

Finally, a few words on these supposed “radical” judges. They look different from Trump’s picks, for sure. Nine of the 11 are women; nine are people of color. Four are former public defenders; four are former federal prosecutor­s. One of them, U.S. District Judge Ketanji Brown Jackson, named to the D.C. Circuit seat vacated by Attorney General Merrick Garland, was confirmed by the Senate in 2013 by voice vote, meaning no Republican senator objected.

If the Judicial Crisis Network wants to convince anyone that these are “politician­s in robes,” it’s going to have to come up with more than scary music and wild smears.

Ruth Marcus is syndicated by The Washington Post Writers Group.

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Ruth Marcus Columnist

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