King Lincoln Bronzeville Neighborhood Association et al v. J. Kenneth Blackwell et al

Filing 96

Supplemental Memorandum Opposing re 92 MOTION to Quash Plaintiffs' Subpoenas filed by Plaintiffs Willis Brown, Miles Curtiss, Paul Gregory, King Lincoln Bronzeville Neighborhood Association, League of Young Voters/Columbus, Ohio Voter Rights Alliance for Democracy, Matthew Segal & Harvey Wasserman. (Attachments: # 1 Appendix OEC Complaint & Exhibits, # 2 Appendix OEC 11-1 Hearing Transcript, # 3 Appendix OEC Hearing Exhibits 1-5, # 4 Exhibit 1 Cit for Strg OH contributions, # 5 Exhibit 2 Ptr for OH's Future contibutors, # 6 Exhibit 3 Arnebeck to Smith Doc Hold Ltr, # 7 Exhibit 4 Rove on Face the Nation, # 8 Exhibit 5 Tobacco Coup of 1994, # 9 Exhibit 6 Coalition for Legal Reform, # 10 Exhibit 7 Analysis of Ltr to FBI on Connell death, # 11 Exhibit 8 Analysis of Connell crash site, # 12 Exhibit 9 Cyber Map of 2004 OH election, # 13 Exhibit 10 Cyber Map of 2006 OH election, # 14 Exhibit 11 Smartech targets Obama) (Arnebeck, Clifford)

http://discuss.epluribusmedia.net/content/tobaccoup-road/

Tobaccoup Road
August 9, 2009 - 10:39 |

deltadoc

Originally posted Thu, 08/06/2009 - 03:34, bumping back to the top as it is worthy of additional
attention during this period of debate over national healthcare reform - standingup
This is the first installment of a collaboration between deltadoc and TheFatLadySings. Articles will
be alternately published under each moniker.

In 1999, speaking to physicians, Surgeon General C. Everett Koop, a Reagan
appointee, decried the hold of Big Tobacco on health care legislation.
He called tobacco “the sleaziest, slimiest, most devious industry in the world,”
whose members “also are the smartest and the richest," and then added.
"...that’s a bad combination.”*
Koop remarked:
The biggest scandal in Washington was the Republican Senate selling out
to the tobacco industry.
Always prescient, Koop was drawing attention to a coup d'etat: a bloodless
takeover of government by big business...one that would drastically effect us for
over a decade and is still derailing healthcare reform efforts today.
Koop warned, "We have lost control of medicine to the business world."
According to Koop, the Senate’s failure to hold the tobacco industry to the
highest accountability for illness caused by cigarettes was "absolutely shameful,
almost criminal..." FDA Commissioner David Kessler, an appointee of Bush 41
retained by Clinton, began to investigate whether new evidence might justify FDA
regulation of tobacco as a drug in February of 1994. Bob Dole, Big Tobacco's
candidate for President in the 1996 Clinton v. Dole election, campaigned on a
platform that cigarettes are not addictive (an assertion that was rejected by
voters as ludicrous) and that Koop had been brainwashed by "the liberal media."

Big Tobacco is Big Business. In August of 2006, the industry was judged liable
for fraud and deception over half a century of racketeering activities under the
Federal Racketeer Influenced Corrupt Organization (or RICO) statute. RICO was
designed to prosecute organized crime, largely for activities related to narcotics
trafficking. The "drug connection" between tobacco and narcotics is not
coincidental. Although legal and unregulated, in medical terms, nicotine is a
powerful, dangerous, profitable and highly addictive drug.
The GOP's alliance with Big Tobacco is well-known (see chart, "Tobacco
Industry Contribution Trends," below). This article breaks new ground about its
start, bringing to light a set of memos memorializing formation of a partnership
between top GOP leaders and tobacco industry executives in 1994 that would
guarantee success for the Republican RevolutionTM.. This partnership began to
protect the tobacco industry from the imminent liability and regulatory threats to
its survival caused by growing public awareness of fifty years of deliberate, lethal
fraud. The consequences of the hidden compact agreed to between Republican
leadership and executives of industry continue to impact our health and our
healthcare delivery system today.
Craig Fuller, a former inner circle member of the Bush/Reagan White House
turned Senior VP of Corporate Affairs at Philip Morris, described in ebullient
terms his progress towards securing Republican majorities on behalf of the
industry in upcoming national elections. In their turn, Republicans waved the
banner of deregulation to prevent the FDA from reining in harmful industry
practices, and to limit the impact of liability on profits.
The following excerpts, primarily taken from Fuller's memos to Philip Morris'
management, include Newt Gingrich's cheerful plan to "create a safe future for
our generation and our children" without any expression of concern on Fuller's
part for the youngsters being deliberately lured into addiction, or the 400,000

individuals condemned to excruciating tobacco-related deaths each year. Later
memos detail the increasing marriage of tobacco executives' activities with longrange planning of the Party's national leadership. The GOP/Philip Morris
partnership would continue beyond Craig Fuller's tenure.
The Tobacco racketeering alliance functioned like a Drug Cartel. However,
because tobacco was both legal and unregulated, the cartel was able to express
its coercive interference politically, through bureaucratic rather than overtly
violent means. Individuals who thwarted the cartel's agenda such as Dr. David
Kessler (FDA) and C. Everett Koop, or health researcher Stanton A. Glantz
became targets of character assassination, litigation, or attacks on research
funding. Gangs of astroturf activists, such as those associated wth
Freedomworks**, could be easily dispatched to heckle wayward legislators.
These campaigns, which served to intimidate politicians, judges, researchers,
bureaucrats, etc., were at least partially funded through the "soft" Tobacco
money described in the memos below.
The tobacco strategy amounted to an invisible coup d'etat.
July 15, 1994
Dole/Gingrich Meeting. Senator Dole, Congressman Gingrich, RNC
Chairman Haley Barbour, several senior corporate representatives and half
a dozen major trade association leaders met privately late Thursday to
discuss a "road show" to communicate the remarkable opportunities that
exist to make some changes in the Congress...Additionally, the Republican
leadership has been an important ally in standing against taxes and more
regulation...I believe this program should have some tangible benefits
for us...
[Throughout the excerpt series, emphasis is ours.]
July 29,1994
...Bob Dole, Newt Gingrich and Haley are very grateful for the help we
are giving them...
August 12, 1994

3. August 16 RNC Luncheon. Bill and I are attending a lunch on Tuesday
in New York with Bob Dole, Newt Gingrich, RNC Chairman Haley
Barbour and a select group of senior corporate executives. The lunch is
one of a series of events this month designed to raise significant corporate
"soft" money for the RNC so they can direct their "hard" dollars to fully
support the races they believe are competitive this fall...
August 19, 1994
RNC Luncheon. We have received a lot of good feedback from the
Wednesday lunch. Senator Dole's top political staff person has been
raving about it to a few of my friends and was very impressed with
"what Philip Morris did on very short notice." Haley Barbour has
been very appreciative. He thinks they could raise close to $3 million
from contacts made during the day. And, Newt Gingrich wants to visit one
day in Washington "very soon." All of this, of course just earns us the
chance to do more...but, I do think it is worth the investment this year.
On December 18, 1994 Fuller declared in a slideshow presentation after again
discussing impact of voters' behavior on the Tobacco bottom line: "In the House,
the biggest change can be summed up in two words: "Chairman Bliley." Then he
deferred to his partner, a lobbying whiz who will be discussed in the next
installment. "Buffy can talk about this in a minute."
December 28, 1994
The Republican National Committee (RNC) requested a proposal to
develop a Leadership Program that could reach the entire country and
deliver a clear message of the possibilities of a Republican majority. A
proposal was made, accepted and implemented. This project was
kicked off in New York with a luncheon and briefing that included PM
executives with Senator Bob Dole and Congressman Newt Gingrich...We
have concluded 1994 with a series of meetings with the Republican
National Committee and the Washington Convention Center to discuss the
planning and logistics for the 1995 Republican Inaugural for newly elected
Republican Congressmen, Senators and Governors. Our Corporate Affairs
department is providing all planning and logistical support to make this
event a success in February of 1995.
January 10, 1995
Today, Common Cause released a report of soft money contributions
to the Republican National Committee which, while negative in tone,

will do a better job making clear the relative size of our contribution
than anything we could do on our own.
The bottom line: after Amway which donated $2.5 million for a media
center, Philip Morris was the largest money contributor to the RNC with a
reported $691,547. Other major corporate givers, according to Common
Cause were: ARCO at $443,000; RJR at $414,752; and Merrill Lynch at
$349,500.
As Murray and I discussed this afternoon, the February 9th RNC event in
Washington will allow us to put a "face" on the company and our
executives who supported this effort.
January 19, 1995
Yesterday, RNC Chairman Haley Barbour and I spent about 2 hours
together. He wanted to discuss a number of issues related to the RNC's
fundraising effort, which he is revamping for the 1995-96 cycle. He
remains convinced that we helped him with a whole new approach
last year. He is very impressed with the February 9 Gala efforts, and we
discussed the dinner. He spent quite a bit of time discussing the 1996
Republican Convention and "new approaches."
In the course of the conversation, he asked if I would serve on an advisory
group he is putting together to assist in planning the convention. This is
useful to us in that it allows me to work with the party's elected
leaders. It also takes little time. There is a fellow Haley has identified to
run the convention who will do a good job. This was not something I
wanted to do again, although I made it clear we would be supportive.
Haley also said he would like to have a future discussion with me
about taking on a role for the RNC which would involve corporate
fundraising. We did not talk specifics. This, too, could be very helpful to
us. It is an extension of what we have, in fact, already achieved which
is considerable credit for helping make capturing the majority
possible. This role would have another benefit, it would allow me to stay
active while having a good reason not to get involved with a specific
Presidential candidate. These Presidential campaigns are going to be time
consuming and dicey as long as Dole and Gramm both think they can go
the distance.
In any event, a voluntary RNC role is interesting and something we should
discuss. It would not (and I would not want it to) require taking a leave of
absence or anything like that.

March 22, 1995
FYI
At dinner last night, RNC Chairman Haley Barbour formally asked me
for help with the corporate finance effort at the RNC and then told a
small gathering that he was going to make me corporate finance
chairman.
This function is honorific and allows one to work as hard as one wants to
help the RNC raise soft money from companies across the country-something I had pledged to help Haley with this year consistent with
our strategy to hold the House and Senate majorities.
This identity does give us the advantage of getting recognition with the
leadership in the House and Senate. Frankly, as I've mentioned, it also
allows me to keep presidential campaigns at bay with regard to my
personal involvement.
March 24, 1995
What a ride! Gingrich and I spoke non-stop from NY to Washington.
What an energy level he maintains.
He started by saying he has got to decide whether to be himself or change
his style. He gave me a 92 page presentation, page by page. He asked for a
critique of the presentation sometime next week. He asked what he should
do differently. He asked if I would help him reach out to CEO's around the
country with the presentation which is entitled "The American
Challenge: Creating a Safe Future for our Generation and our
Children."
He now wants me to try to give him and his team a little time each week
or every other week to fine tune their message.
Anyway, it all spells more meaningful contact with the leadership in
the House. I did tell him what Haley Barbour has asked me to do and
he is very excited about the corporate finance idea and wants to help.
He wants to do more satellite feeds with more groups because he thinks
what he did with us was wonderful.
November 11, 1996
[Composed on the letterhead of the Republican National Finance
Committee Chairman]

Mr. Geoffrey Bible
Philip Morris
120 Park Avenue
New York, NY 10048
Dear Geoffrey:
Thank you and Tom Collamore for your strong support in Tuesday's
election. We should be pleased that we retained the majority in both the
House and Senate. This victory was made possible by your generous
contributions. You also helped a great American, Bob Dole, wage a
vigorous campaign.
You should feel great pride in your contribution to our party's and our
country's future. We greatly appreciate your valuable help.
Sincerely yours,
Howard H. Leach
cc: Tom Collamore
What significance does this series of 15-year-old memos hold in 2009?
Fighting national health care reform and the tobacco excise tax designed to fund
it was a winnable battle for "the richest industry in the world," in 1994. But there
was unrest amongst the troops. Challenges posed by a tidal wave of leaked
documents, Congressional testimony, and actual investigative reporting suddenly
presented even the "sleaziest, slimiest, smartest and most devious" cartel with
not only the potential of a disappointing quarterly report, but the prospect of the
industry's worst nightmare.
Lawyers running the racket knew that the existence of the tobacco industry was
threatened by growing evidence that they deliberately manipulated nicotine in
order to addict a new generation of "replacement smokers" (known to the rest of
America as "kids") to a product that kills 400,000 of its consumers every year.

1994 unleashed the Third Wave of tobacco litigation (the first two waves
occurred from the 50s through the 80s), while opening the door to Kessler's FDA
investigation into regulating tobacco as the drug delivery device its
manufacturers in fact understood it to be. That year, suddenly, the protection
afforded by an army of lawyers, think tanks and propagandists was insufficient.
The trend of campaign contributions by Big Tobacco has massively favored
Republicans for years. But the shift towards Republicans occurred in 1994, and
was designed to both instigate and guarantee the so-called Republican
Revolution. Craig Fuller's intimate access to GOP leadership served as a lever,
insuring the Republican Party's protection of the rogue industry then, and since.

Judge Gladys Kessler's final opinion in the Federal RICO case of August 17,
2006, against Big Tobacco underscores the significance of the memo series:

In a democracy, it is the body elected by the people, namely Congress, that
should step up to the plate and address national issues with such enormous
economic, public health, commercial, and social ramifications, rather than
the courts...
Within two weeks of Judge Kessler's opinion, reports showed that tobacco
racketeers continued to jack up their products' addictiveness even as they were
preparing for the RICO trial.
The news moved Congress to action that was only possible after the Democrats
retook the majority later that year.
In his first six months in office, Obama made history by signing Congressional
authorization for the FDA to regulate tobacco. This series will suggest that, to
move forward, President Obama might first consider looking back.
Our next installment will be published by TheFatLadySings: Buffy the Vampire

Slayer Kills Healthcare Reform.
[UPDATE: Repaired erroneous Koop boss (thx JesseCW) and added statement
of documents source.]
[UPDATE2: 8/12/09 - Cosmetic changes made for emphasis.]
----* Tom Groening, Koop Attacks GOP Lawmakers, Tobacco "Biggest Health Care
Problem," BANGOR D. NEWS, Apr. 17, 1999.
** Formed from the merger of tobacco ally 'Citizens for a Sound Economy' and
'Empower America'. Also see 'Americans For Prosperity'.
Note: The documents used in this story, and millions more, are publically
available at the Legacy Tobacco Documents Library -http://legacy.library.ucsf.edu.
Longterm Republican ‘Revolution’ Control Financed by Tobacco
GOP Rule financed by sleaziest-slimiest most devious industry since 1994, Big
Tobacco.