It's difficult to look beyond the tumult of current events and ask, "what happened this year that will be remembered ten, twenty, or fifty years from now?" However, there was one 2010 event that, in terms of its long-term impact, loomed above the others, theCitizens United v. FEC Supreme Court Decision.
Writing in the New York Review, law professor Ronald Dworkin explained Citizens United v. FEC: "In the 2008 presidential primary season a small corporation, Citizens United, financed to a minor extent by corporate contributions, tried to broadcast a derogatory movie about Hillary Clinton. The FEC declared the broadcast illegal under the BCRA [Bipartisan Campaign Reform Act]. Citizens United then asked the Supreme Court to declare it exempt from that statute on the ground, among others, that it proposed to broadcast its movie only on a pay-per-view channel." In an extraordinary example of judicial activism, the Supreme Court conservative majority, led by Chief Justice John Roberts, declared the entire BCRA act unconstitutional.The Supreme Court hadn't been the story of the year since the December 12, 2000, Bush v. Gore decision. This paved the way for Bush's installation as president and his nomination of John Roberts as Chief Justice in September of 2005. Many Supreme Court observers regard Roberts as the judicial equivalent of the "Manchurian Candidate." New Yorker legal analyst Jeffrey Toobin noted Roberts' dogmatic conservatism: "In every major case since he became the nation's seventeenth Chief Justice, Roberts [and his conservative allies] has sided with the prosecution over the defendant, the state over the condemned, the executive branch over the legislative, and the corporate defendant over the individual plaintiff."
John Roberts had worked as an attorney for both the Ronald Reagan and George H. W. Bush administrations and, therefore, possible conservative "judicial activism" was a concern of the Democratic Senators who questioned him before confirmation. Roberts denied that he was an activist and appeared to honor the legal tradition of stare decisis, abiding by precedent. Five years later, it's apparent that Roberts hid his true philosophy.
In the Citizens United decision Roberts aggressively advanced the conservative agenda along three fronts. First, the decision to hear this case was an extraordinary example of judicial activism. Professor Dworkin observed, Citizens United "did not challenge the constitutionality of [BCRA]. But the five conservative justices -- Chief Justice Roberts and Justices Samuel Alito, Anthony Kennedy, Antonin Scalia, and Clarence Thomas -- decided on their own initiative, after a rehearing they themselves called for, that they wanted to declare the act unconstitutional anyway." [Emphasis added] Justice Kennedy, who wrote the majority opinion, explained that the conservative justices called for the rehearing because they had dissented on the most pertinent precedent, McConnell v. FEC, and had continued to complain about it.
Second, the Citizens United decision strengthened the conservative contention that corporations have "personhood" and, therefore, enjoy the same rights as ordinary individuals, including the right of free speech. (For a compelling account of how the bizarre notion that corporations enjoy the same constitutional rights as human beings has evolved, see radio host Thom Hartmann's book, Unequal Protection.)
Third, the Citizens United decision allowed corporations to spend unlimited funds in political contests. It was this aspect that caused President Obama to observe, during his January 27, 2010, State of the Union Address, "The Supreme Court reversed a century of law that I believe will open the floodgates for special interests -- including foreign corporations - -to spend without limit in our elections." The decision granted corporations more rights than those of human beings.
The 2010 midterm elections demonstrated the lethality of the Citizens United decision. The non-partisan group, Opensecrets.org calculated that, excluding Party Committees, $294 million was spent by outside groups. Conservative outside groups spent twice as much as did Liberal groups. For example, the US Chamber of Commerce, a conservative-leaning outside group, spent $32.8 million, more than the combined total of the two leading Liberal groups: the SEIU ($15.7 million) and the AFSCME ($12.6). (The McClatchey Newspapers reported that the US Chamber, which has foreign corporations as members, expected to spend more than $75 million in all forms of political support.)
Massive spending by outside groups influenced the outcome of the midterm election. In the Pennsylvania Senate race, outside spending was more than $12 million: $5.9 million was spent on ads attacking the Democratic Candidate (Joe Sestak), whereas only $1.9 was spent attacking the Republican (Pat Toomey); Sestak lost. In Illinois, $6.2 million was spent attacking the Democratic candidate (Alex Giannoulias), whereas only $1.5 million was spent attacking the Republican (Mark Kirk); Giannoulias lost. There are many similar examples, including outgoing New York Democratic Congressman John Hall who attributed his defeat to the decision.
We've entered a new phase of American history, the Corporatist period where multinational corporations have unbridled political influence. This movement started before the Citizens United decision, but the Roberts' Supreme Court has accelerated the pace and thereby profoundly weakened our democracy.
In his New Year Resolution Wish for all Malaysians, Tan Sri Robert Phang Miow Sin, Panel Advisor, Malaysia Anti-Corruption Commission (MACC) sent a sobering message to our Prime Minster, Datuk Seri Najib Tun Razak and his government. He asked our Prime Minister to handle firmly IKIM, PERKASA and Attorney-General Gani Patail.
Phang launched a veiled yet blistering attack against these three destructive elements that threaten unity, truth and justice in our country. While many perceived IKIM’s statement on Santa Claus to be irrational, religious intolerance towards other faiths became more apparent when Prime Minister Najib’s aides directed church officials to remove crucifixes and other overt Christian symbols from being displayed at the Catholic Archbishop‘s Christmas tea party at Bukit Nanas, Kuala Lumpur which was attended by PM Najib. The whole objective of the PM’s presence to show unity and promote racial harmony, and religious tolerance (1Malaysia) was immediately erased.
Tan Sri Robert Phang
In the same press statement which was posted by Malaysia Today,Phang also took a swipe at A-G Gani Patail. Referring to a statement, made only a few days ago, by YB Salahudin Ayob, Vice President of PAS, that Gani Patail is a “Bajingan dalam Kerajaan”, the crusader Tan Sri also called AG Gani Patail a rogue element in government and questioned the A-G‘s exercise of his prosecutorial powers which smacks of selective prosecution bordering on persecution. He said that it is frightening that the whole machinery of the A-G’s office and the MACC can be used against an innocent citizen in relation to the A-G’s treatment of Lawyer Rosli Dahlan.
Lawyer Rosli Dahlan isolated and left in the cold
I praise Phang for his press statement. It is an inspiring and brave statement. It is refreshing when someone within the establishment, like Phang, dares to criticise what is wrong within the government. He makes it clear that his membership in the MACC Panel is not just to be a rubber stamp. If there is one Tan Sri who has earned that honorific title, it has to be Phang.
Thus, the best I can do is to reproduce his Press Statement below. Thank you,Tan Sri Robert Phang and my best wishes to you for 2011. Our campaign for justice and national unity is far from over. In fact, it has just begun and the journey ahead is arduous and full of risks for all civil activists.
_____________________
December 29, 2010Press Statement by Tan Sri Datuk Robert Phang Miow Sin.
Justice of Peace
Chairman – Social Care Foundation
Panel Advisor, Malaysia Anti-Corruption Commission (MACC)
Make Unity, Truth and Justice as New Year Resolutions for Malaysians
On Friday December 31, 2010, we will say goodbye to 2010 and usher in 2011. Fortune tellers, astrologers and Feng Shui practitioners will review the events of past years in self glorification of the accuracy of their predictions. They will attempt to provide new prophecies and guidance to forecast events and good fortunes for the coming year. But, they do it for commercial gains.
2. As a social activist, I would like to address the fundamentals that are of importance to us as a progressive nation. Malaysia is a country of faiths. It is stated that Islam is the official Religion of the Federation but at the same time, freedom to practise other faiths and religions is guaranteed. How we prosper as a nation cannot be based on fortune telling and guessing games, but on hard facts, sound policies and universal principles to be gathered from our faiths and religions.
3. Whether we are Muslims, Christians, Hindus, Buddhists or of any other faith, the plurality of faiths of this country must be preserved. I call on IKIM and PERKASA not to cause confusion by fanning the differences between us, but to build on the commonality that binds us. It’s a folly to claim whose religion or whose god is the right one. All religions teach good things and we all believe in ONE TRUE GOD.
Respect the Dignity of Difference as Diversity is our Strength
4. Thus, all talk that cause differences, tensions and schisms must stop. If May 13, 1969, is to be remembered, it should be commemorated as a day of mourning when this multi-cultural and multi-religious beloved country of ours was almost ruined. Thus, it must be our national resolution that May 13 must not recur or Malaysia will become a failed state. It is our commonality that binds us as a nation since Independence and that will shape our future destiny as 1Malaysians!
5. With regard to the New Key Result Areas (NKRAs) for reduction of crimes, I congratulate Home Minister Dato’ Seri Hishamuddin Tun Hussein Onn, who has worked hard and developed innovative ways to assist the PDRM in the fight against crime. I also congratulate Dato’ Seri Hishammudin for understanding the importance of public perception and thus ended the former IGP’s tenure. Compared to his predecessor, Tan Sri Ismail Omar is a breath of fresh air. Like a clean white sheet, it is now in his hands to re-shape PDRM (Royal Malaysian Police) into the principal respected law enforcement agency that it once was. We, Malaysians, must support Tan Sri Ismail Omar, the current IGP, to aspire for a crime free society.
6. As a Panel Advisor of the Malaysian Anti-Corruption Commission (MACC), I applaud the achievements of the MACC’s Chief Commissioner, Dato‘ Seri Abu Kassim, in bringing to book some big names this year. In the PKFZ case, Tun Dr Ling Liong Sik has been charged. However, the report by the forensic auditors mentioned several other big names, including those still serving in government and are also big names in their political party. These big names have quickly used the MACC’s clearance as a political mileage. This has invited public skepticism, especially when it is perceived that a thorough investigation has not been conducted and the clearance was just a political whitewash. That was what the public perceived in the case of former Selangor MB Dato‘ Seri Dr Khir Toyo until he was charged recently. I remind these big names not to be so gleeful, bordering on arrogance.
7. The public also view with grave suspicion the allegations over the personal conduct of Attorney-General (A-G) Tan Sri Gani Patail who is seen consorting with Tan Sri Tajuddin Ramli’s proxy, Shahidan Shafiee. This is of great disservice to the government in the fight against corruption. I have raised this before and the A-G‘s continued silence is deafening. PAS vice president Salahuddin Ayob has now raised the same issue. This is not just a political issue but it also concerns the integrity of the highest law officer of the country. His actions and conduct can erode the credibility of the government.
8. There is also public skepticism over the conduct of the A-G, in the exercise of his prosecutorial powers. His reluctance to act in certain cases, while very vociferous in others, have given rise to allegations of selective prosecution bordering on persecution. YB Salahudin Ayob also raised this seeming double standards involving the case of lawyer En Rosli Dahlan. En Rosli is widely known to be the lawyer handling the MAS case and has alleged that he had been victimised by rogue elements in the government. It is frightening to the citizens at large that the whole machinery of the A-G’s office and the MACC can be used against one man. The government must dispel this perception of persecution against an innocent citizen.
9. I have raised these matters without any personal or political agenda. I am not a politician. I speak for what I believe to be true and right. These are matters that have been in the public domain and it is incumbent on me to remind the powers that be of the public displeasure. Only in this way civil activists like me can be of service to the nation, the government and the public. This is consistent with the reminder by the Prime Minister Dato‘ Seri Najib Tun Razak that those in power must not suffer from the four diseases – Delusion, Amnesia, Inertia and Arrogance.
10. In closing 2010’s chapter and in welcoming 2011, I pray for God’s Blessings upon all of us and that we become a truly 1Malaysia nation in the pursuit for Unity, Truth And Justice. I wish all Malaysians a Happy and Blessed New Year!
“HUMBLENESS IS GOOD VIRTUE, ARROGANCE SHALL FALL, THE MEEK WILL RULE THE WORLD”.
Tan Sri Robert Phang Miow SinJustice of Peace
I also reproduce an international news article about the sham trial of former Russian oil tycoon Mikhail Khodorkovsky seen by many democratic nations of the world as a test of the rule of law in Russia. It is something for us in Malaysia to remember that we will still be regarded as a pariah state regardless of our economic success. PM Najib should take note of all these if he is intending to call GE 13 next year. He should remove all the rogue elements in his government! Win the confidence of Malaysians and make history.
Khodorkovsky lawyer blames Putin for client sentence–6 more Years in the Slammer
December 30, 2010
Freedom is a Universal Right
A man holds a portrait of Mikhail Khodorkovsky at a picket in support of the former oil tycoon near the court building in Moscow today, December 30, 2010. Russia accused the United States and Europe of trying to influence the trial of Khodorkovsky, calling such efforts unacceptable and warning the West to mind its own business.
MOSCOW, December 30 — The lawyer of jailed former oil tycoon Mikhail Khodorkovsky today blamed Russian Prime Minister Vladimir Putin for his client’s sentence of six more years in prison in a court case seen by some Western nations as a test of the rule of law in Russia.
Absolute Power corrupts Absolutely
“The sentence was clearly issued under pressure from the executive authorities, headed as before by Mr Putin,” said defence lawyer Yuri Shmidt. “Putin signaled to the court who today is the boss and who today decides Khodorkovsky’s fate and life,” he said.
A Victim of Oppressive Power: 6 more years in Jail
Moscow judge Viktor Danilkin sentenced Khodorkovsky to the additional six years in prison after convicting him on multibillion-dollar theft and money-laundering charges.
Danilkin granted the prosecutors’ sentencing request and said Khodorkovsky would serve a total of 14 years in prison, including time served since his arrest in October 2003, meaning he is to remain in jail until 2017.
Western officials had said the guilty verdict raised doubts about the Kremlin’s commitment to the rule of law and human rights, and they were closely watching the case.
The outcome of Khodorkovsky’s second trial could cause friction with Europe and strain the “reset” that has improved ties between the United States and Russia. Russia said the trial was a matter for its courts and rejected as “groundless” US suggestions that the verdict resulted from selective justice. —Reuters
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