he letter from the Republican Party to Bristol-Myers Squibb is as subtle as a sledgehammer.
The Republicans expect a $250,000 contribution. The payoff?
Jim Nicholson, then the Republican National Committee chairman,
encloses the Republican health care package and asks for
suggested changes. "We must keep the lines of communications
open," he tells the drug giant ominously, "if we want to
continue passing legislation that will benefit your industry."
The
Bristol-Myers shakedown is part of the record in McConnell
v. Federal Election Commission, the challenge to the McCain-Feingold
campaign finance law now before the Supreme Court. It is
one of a stack of documents detailing just how corporate
executives and billionaires convert six-figure contributions
into meetings with members of Congress, and a role in writing
legislation. It is, by now, no great surprise that this
goes on. But these documents still shock, by how blatant
the deals are, and how willing the participants are to write
it all down.
Much
of the record in the case remains secret — the parties
agreed to this to expedite a Supreme Court ruling —
but under pressure from McCain-Feingold's defenders, parts
have been made public. Every American should read what are
known as the "Internal Political Party Documents" (they
can be found at www.campaignlegalcenter.org, under the header
BCRA/McCain—Feingold) and be prepared to be outraged
if the court strikes down McCain-Feingold's modest attempts
to fix our broken democracy.
On the
surface, many of the documents summon up a world of wealthy
bonhomie. "It was great seeing you in New York at the Plaza,"
the Republican National Committee finance chairman, Mel
Sembler, tells Global Crossing's co-chairman, Lodwrick Cook.
"I'm glad Kim's coming out to Aspen," Haley Barbour, who
heads a group of the Republican Party's top donors, writes
to Louis Bacon of Moore Capital Management. But it doesn't
take long to turn to business. Mr. Barbour tells Mr. Moore
that a top party official "particularly appreciated picking
your brain on the Mexican peso deal" and "literally passed
on what he heard that day to [Senate majority leader Bob]
Dole and [House Speaker Newt] Gingrich."
If anyone
was wondering, the documents make clear that money buys
access. At the bottom of a typewritten letter thanking Phil
Anschutz, the billionaire businessman, for a $100,000 contribution,
Mr. Nicholson scrawls: "I hope your meeting with Trent Lott
was productive. Thanks Phil!" On a Democratic call list
is a note to ask Denise Rich, whose ex-husband would later
be pardoned by President Bill Clinton, "to give 80K more
this year for lunch with" the president.
And
access gets results, as the contributors are the first to
admit. "Many thanks for putting me in touch with Governor
Ryan of Illinois," Mr. Cook of Global Crossing writes Mr.
Nicholson. "He was very receptive to my request to move
things along in terms of our issues with that state." The
Edison Electric Institute's vice president reports back
on a successful dinner the Republican Party set up with
a key congressman and his wife, saying "We could not have
asked for more."
And
favorable government action, the documents assume, should
be paid for. A Democratic call sheet advises asking Panhandle
Eastern for $10,000 and notes that its vice chairman met
with President Clinton about deepwater drilling rights in
the Gulf of Mexico, and that the Clinton administration
was "instrumental in getting this issue through Congress."
A Republican call sheet says a retired chairman of Enron, who now wants to build an oil pipeline in the Arctic, "discussed
the energy issue" and is sending $25,000.
Mr.
Sembler's chatty note to Mr. Cook was a reminder that he
had agreed to increase his donation from $100,000 to $250,000
when a pending merger went through. "Thankfully this has
now been approved," the R.N.C. finance chairman writes,
"so I am taking the liberty of enclosing an invoice for
the additional upgrade."
These
documents support specific parts of the legal arguments
by the McCain-Feingold law's defenders. Notably, they belie
the claim that the political parties operate independent
of federal candidates and officeholders, and therefore should
not be regulated by federal law. They also offer a disturbing
explanation for why certain issues, like Arctic drilling,
won't go away on Capitol Hill, and others, like gun control,
get so little traction. Most important, they show how large
campaign contributions are rotting American democracy at
its foundation.
If McCain-Feingold
loses in the Supreme Court, it could be an epic defeat for
efforts to clean up American government. When advocates
of reform lost in Congress, they returned in the next session,
and eventually they prevailed. But if the justices hold
that the basic building blocks of campaign finance legislation
violate the Constitution, as they might, it could wipe out
any hope for reform for decades.
At oral
argument last week, it seemed that the justices were sharply
divided — and that, as is so often the case, Justice
Sandra Day O'Connor may singlehandedly decide what kind
of a nation we will be. When historians look back on the
Rehnquist Court, they will no doubt begin with its decision
in Bush v. Gore, stopping the vote-counting in a presidential
election. That case was decided in the heated atmosphere
of a crisis, but this one will not be.
If the
same five justices who stopped the Florida count rule that
even minimal, bipartisan campaign finance reform is unconstitutional,
they will be writing their legacy — as the court that
allowed American democracy to slip away.