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Leadership - Not Compromise! |
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With Relevant Documentation and Opinion September 19, 2002 version Dirty Politics? | Emerling v. Marrou | Committee for a Libertarian Majority | LNC/Staff Favoritism | Arizona Libertarian Party | LNC v. Tamara Clark | Lawsuit v. Gene Cisewski | Fundraising Hype | Tuniewicz Resignation | Ethics Amendment | Willis Admits Lying | War Hawks Dominate LNC | Political Obtuseness | Strategic Plan Schmerl Proposal | Cloud-Howell-Israel/New Libertarians | Winter/Dasbach Resign | Carol Moore's LIBERTY Article on 2002 Convention |
1992:
EMERLING
(CLOUD)'S ATTACKS ON ANDRE MARROU
Michael Emerling (now Cloud) is
a well-connected speaker and professional fundraiser. As Chief
of Staff for 1992 Libertarian Party Presidential candidate Andre
Marrou,
Emerling reported to the LNC in early 1991 that Marrou was engaging in
financial fraud and should be removed as the LP candidate. Perry
Willis had previously criticized Marrou for not doing things Willis'
(and
evidently Emerling's) way.
LNC
members
interviewed Marrou for several hours asking him detailed questions and
found that he was experiencing some financial difficulties and that
there
may have been some misunderstanding about use of a credit card but
nothing
to justify dropping him as the Presidential candidate. However,
Emerling
kept attacking Marrou, even sharing his accusations with anti-party
groups
like the Republican Liberty Caucus, to the extent that even Steve Givot
was called him an "enemy of the party." This attempt to unseat the
Presidential
candidate because he would not do it "their way" is typical of the
Willis/Emerling-Cloud
modus operandi that would continue through the years. See
April 1992 Chair report and e-mails. See also San
Francisco Chronicle.
1992-93:
"COMMITTEE
FOR LIBERTARIAN MAJORITY" ATTEMPTS TO IMPOSE STRATEGY
The Committee for a Libertarian Majority ("CLM") was formed in 1992 by
a number of LNC members, including (circa 2002) current LNC member
Steve Givot and current staffers Ron Crickenberger and Steve
Dasbach.
It met secretly in Atlanta in early December, 1992, one week before the
December 1992 LNC Meeting in Las Vegas, Nevada. It adopted a detailed
Mission
Statement and plan which it "sprung" on the National Committee and
passed
with little discussion. Much of the content was
non-controversial,
but the call for eliminating the membership certification and turning
the
platform in to a vague, short term program sparked controversy.
However, the 1993 National Convention squashed the Committee for a
Libertarian
Majority's plans; the group dissolved soon after. A "Dump
Givot" campaign resulted in Steve Givot being defeated in his bid
to
be voted back on the LNC. However, other LNC members were
re-elected,
including Steve Dasbach as Chair of the party. In 1998 Platform
Committee
member Givot convinced the committee to consider a streamlined platform
that deleted references to abolishing significant laws and
agencies.
His efforts resulted in some minor streamlining that effectively
prevented
the Convention from making some important updatess. It annoyed me
so much that I ran against him for Secretary--he beat me by only 37
votes
on the second ballot. See CLM
Goals,
Strategies, Bylaws Changes and relevant E-mail Debates.
1993: STEVE
DASBACH REPLACES GENE CISEWSKI WITH PERRY WILLIS AS NATIONAL DIRECTOR
In the September of 1993 new LNC Chair Steve Dasbach selected
experienced
activist Gene Cisewski to be the new National Director. Dasbach
hired
Arizona resident Perry Willis as temporary Interim Director while
Cisewski
wrapped up his affairs in Wisconsin. As John Famularo documents
on
his timeline web page, Cisewski was on the job barely a month when
Dasbach
fired him by memo
and
hired Perry Willis--who had just finished moving all his personal
possessions
and his girlfriend to DC. While a Bill
Winter memo painted a sorry picture of Gene's efforts, many believe
Dasbach and/or Willis were intent on making Willis National Director,
no
matter what Cisewski's qualifications. See Perry's
summary of his views on this, a defacto resume promoting his own
candidacy.
(When Willis resigned several years later it was discovered Dasbach had
signed a secret contract with him assuring him severance pay and moving
expenses even if he resigned.)
This incident sparked an ongoing rivalry between Gene Cisewski and the
"partyarch's." Cisewski went on to form the Liberty Council
Political
Action Committee, work for several high profile campaigns, become chair
of the Libertarian Party of DC, as well as Coordinator of an active and
semi-independent Council of State Chairs. He twice ran energetic
campaigns for LNC Chair, against Steve Dasbach and then David Bergland.
1994-2000:
LNC/STAFF
FAVORITISM/CONFLICTS OF INTERESTS REGARDING PRESIDENTIAL AND PARTY
OFFICE
CANDIDATES
Individuals as varied as Rick Thompkins, Richard Cowan, Gene Cisewski,
and Jacob Hornberger have charged that LNC, and especially staff
members,
made it clear to them in various subtle, and not so subtle, ways that
their
competing with favored candidates was not welcome. This is a
thread
running through several of the incidents described below. Jacob
Hornberger
has a number of web page articles about this and related controversies
at http://www.jacobghornberger.com/
Harry Browne has finally replied to these and other charges in his own
"Controversy"
page. Hornberger also replies
to Browne.
In summer of 1994 Richard Cowan of NORML, tax protester Irwin Schiff
and
Harry Browne announced they would be seeking the 1996 Libertarian Party
presidential nomination. Rick Tompkins announced the next spring.
(Browne seems to have been brought in by the discredited Michael
Emerling
Cloud, who kept a low profile on his involvement before turning the
campaign
over to LNC member Sharon Ayres. He came back in as a fundraiser
later in the campaign.)
Some alleged prejudice against non-favored candidates. Richard
Cowan
quit, claiming Willis' attitude made him feel he would not get fair
treatment.
Tompkins alleged the national office seriously delayed sending him
delegate
labels. But favoritism towards Harry Browne was the main
complaint.
First, Perry Willis proposed the national office provide services for
pre-nomination
campaigns and immediately arranged at least two receptions for Harry
Browne.
Steve Dasbach allowed Perry Willis and Communications Director Bill
Winter
to do paid work for Harry Browne. When the LNC moved that such
work
could be done only with the LNC's approval, Willis started doing so
secretly
since he felt he would be forced to chose between working for Browne or
the party. (More details of this incident
below.)
Complete
time-line at John Famularo's web page.
In the spring of 1998 Jacob Hornberger proposed that the 1998 LP
Convention
pass a new bylaw that would prohibit Libertarian Party candidates
paying
cash or gifts, both before and after nomination, to members of the
Libertarian
Party National Committee, the national Libertarian Party staff or their
close relatives for consulting, advising, fundraising, managing, etc.
any
national presidential political campaign. Ken Bisson, Chair of
the
By-Laws Committee, led the charge against the amendment. The
Convention
did not pass the bylaw amendment; members believed that disclosures of
conflicts of interest was sufficient to prevent problems. See
Hornberger's
Great
Bylaws Debate page as well as further details below.
According to Famularo's web page, staffers also tried to influence the
election of party officers. Before the 1996 National Convention
national
staffers Perry Willis and Bill Winter, counter to the Policy Manual,
circulated
a statement that they would quit if Gene Cisewski was elected Chair of
the national party. After member complaints about this, staffers
were more circumspect in opposed Cisewski in 1998. Staffers Kris
Williams and Dan Smith distributed Bergland for Chair literature and
trashed
Cisewski to delegates, claiming, among other things, that he would fire
all the current staffers if elected, something which would disrupt
operations.
In 1998 one staff member trashed Cisewski to me personally and
recommended
I vote for David Bergland. However, as soon as I announced for
Secretary,
staff members refused to discuss anything about the races with me,
claiming
that it would be a "conflict of interest"! Bergland won and made
Steve Dasbach his new National Director.
In March of 1999 LNC Treasurer Mark Tuniewicz reported on LPUS he had
gotten
reports that an unnamed presidential candidate (assumedly Browne or his
operatives) was trying to get state chairs to "put unusual restrictions
on who they will allow to speak as presidential hopefuls at their state
conventions." See the e-mail,
plus a list of other complaints. Later that year LNC member
Ken
Bisson proposed that no presidential candidate be listed on the LP web
site unless they paid $2,000 to the Libertarian Party; the proposal was
not passed. In 1999 some members also complained that the
national
office was using Harry Browne's 1996 campaign book as a premium for
contributions
made to the LP. They felt it promoted Browne, who everyone assumed was
certain to run for the year 2000 nomination.
Jacob Hornberger, who announced in April of 1999 that he was forming an
exploratory committee to run for President in 2000, began making the
same
claim. Harry Browne stated he did not receive any money from the
sale of the book. On May 28, 1999 Chair David Bergland
ruled:
"The use of Harry Browne's book as a premium for contributions, whether
for Archimedes mailings or otherwise, is completely proper until such
time
that Harry Browne announces that he is seeking the Party's nomination
as
its presidential candidate. The National Director [Steve Dasbach]
is authorized to exercise his judgment on whether or not to use the
book
for that purpose and in what manner."
Two weeks later, Hornberger abandoned his exploratory committee
sighting
"irreconcilable conflicts of interest between his duties as President
of
the Future Freedom Foundation, and those of being a political
candidate."
Some believe Hornberger genuinely felt that the cards were stacked
against
him and running was a waste of time.
Harry Browne did not formally announce until February of 2000, during
which
time the LP staff was free to continue distributing his book to new
contributors.
Don Gorman ran against Browne, as did Jacob Hornberger who inexplicably
revived his presidential campaign a few days before the 2000 convention.
One allegation of LNC-related interference with Browne competitors is
that
Massachusetts Chair Elias Israel, who became an LNC reprsentative in
spring
of 2000, announced at the the December 1999 LNC meeting that he opposed
putting libertarians who didn't meet certain criteria running against
Harry
Browne in the Massachusetts primary--a privilege granted to him by the
State of Massachusetts. One criteria, which he exercised against
Don Gorman, was that they had to be national party members, which
Gorman
was not. Even though Gorman quickly joined the national party,
and
was assured by Massachusetts activists he would be put on the ballot,
he
did not end up on the ballot. (December
1999 LNC Mintues and two recent e-mails shed light on this story.)
As we shall see in the New Libertarians
section, many feel some LNC members and staff members (especially
LPNEWS,
in its articles and advertising polilcy, have been promoting Carla
Howell
as the 2004 candidate ever since the year 2000 convention and
election.
In December, 2001 the LNC formalized the Duties of the Political
Director
to include preferential treatment of state candidates with
pre-nomination
aid "with the express written permission of the state chair."
Needlesstosay,
many worry this will give the LNC and national staffers power to reward
cronies and punish critics. (See
LNC draft minutes.)
DIRTY TRICKS
AND
THE ETHICS AMENDMENT
The 1998 Libertarian Party Convention rejected Jacob Hornberger's new
bylaw
that would prohibit Libertarian Party candidates paying cash or gifts,
both before and after nomination, to members of the Libertarian Party
National
Committee, the national Libertarian Party staff or their close
relatives
for any national presidential political campaign work. However,
Hornberger
for an LNC Policy Manual amendment that would submit the LNC to the
same
ethical constraints that the LNC had imposed on its subordinates.
In an April 2001 e-mail
Hornberger
discusses not only the personal attacks on him for filing his request
for
an amendment to the LNC Policy Manual, but what seems to have been a
dirty
trick pulled on him. Sometime after the 1998 national LP
convention,
LNC Alternate Barbara Goushaw approached Hornberger and said she might
consider supporting him over Harry Browne as the year 2000 Presidential
candidate. Goushaw later arranged a speech during his visit to
Michigan.
In both cases, he reminded her of his position on LNC neutrality in
pre-nomination
races. Nevertheless, in 1999, after Hornberger announced
the
formation of a presidential exploratory committee, Goushaw sent him a
$600
check. He promptly returned her original check for $600
to
her.
Nevertheless, as part of her LNC Campaign Finance Disclosure Statement,
Goushaw claimed receiving "payments totaling $600.00 from the following
LP candidates, their staff, organizations, or campaign-related
third-party
entities: Jacob Hornberger for President." Steve Givot, who
Hornberger
claims is the "most vociferous opponent of the Ethics Amendment and of
the Request for Financial Disclosure," was quick to jump on Hornberger,
writing in a critical e-mail: "As a presidential nomination contender,
Mr. Hornberger hired LNC member Barbara Goushaw and paid her $600 to
work
for his campaign to win the LP presidential nomination. That also
violates
the ethical standards that Mr. Hornberger publicly embraces."
Hornberger discusses the effect of such obvious tricks and intimidation
tactics: "There are of course some people whose integrity is impeccable
serving on the LNC. What are the chances that they would call for a
censor
of Goushaw and Givot for their deceitful and malicious misconduct
against
a member of the Libertarian Party? None, because the good and honest
people
on the LNC are terrified that Goushaw and Givot (and others like them
on
the LNC) will do this sort of thing to them!"
In another e-mail, Hornberger
claims that his Amendment was discussed at the April
21, 2001 LNC Meeting in Washington, DC. However, the still
Draft
Minutes on the site, done by Secretary Steve Givot, of course, make no
mention of this. Hornberger wrote: "My sources on the LNC advise
me that for some reason, LNC Secretary Steven I. Givot intends to delay
for several weeks the posting of the minutes of this particular meeting
on the LNC meeting archive web site: http://archive.lp.org/lnc However,
this is a run-down of what I think took place, based on what I have
learned
from reliable sources. 1. The LNC chose not to take any vote on the
Ethics
Amendment, which means, of course, that no one can determine where
individual
LNC members publicly stand on the issue. However, a reliable source on
the LNC advised me that there were three LNC members who were fiercely
leading the fight against the Ethics Amendment behind the scenes before
the meeting: Steve Givot, Colorado, who is current LNC Secretary;
Ken
Bisson, Indiana, who reputedly wants to be LNC Vice-Chairman in 2002;
and
Elias Israel, Massachusetts, who reputedly wants to be LNC National
Chairman
in 2002."
1995-2000: LNC
INTERFERENCE IN ARIZONA DISPUTE
In the early 1990s the Arizona Libertarian Party ("LPAZ") experienced
deep
divisions. One faction, led by Peter Schmerl and Michael Emerling
Cloud supported taking government campaign funds and backed Harry
Browne.
Another, more "hard-core" faction opposed taking such funds and backed
Rick Tompkins.
Opponents charge the Schmerl/Cloud faction first tried to take over the
Arizona party in 1995 by taking advantage of the fact the LPAZ had long
acted outside of compliance with Arizona law on electing party
officers.
He and his allies formed a party that would comply with these laws,
Arizona
Libertarian Party, Inc. ("ALP, Inc."). As soon as Schmerl's party
got it's official state file number and statement of organization, he
wrote
to the LPAZ's bank on his attorney letter head and asked them to turn
the
money over to him, effectively embezzling it. The LPAZ raised
hell,
got their money back--but was too kind hearted to charge him with
embezzlment
or complain to the Arizona Bar Association. (Which many of them
later
regretted.)
Schmerl then proposed "reconciliation" at the next LPAZ
convention.
But he tried to pack the convention by using disputed proxies and by
registering
Republicans as libertarians . When this attempted takeover
failed,
Schmerl launched law suit after law suit demanding the state of Arizona
stop recognizing LPAZ because it was out of compliance with the law.
While the LNC originally supported LPAZ, Schmerl and Cloud's cronies on
the LNC continued lobbying for the LNC to disaffiliate LPAZ and
designate
the ALP, Inc. the affiliate party. Eventually they accomplished
this
in 1999 through an LNC decision that a mail ballot of national members
would decide which state to affiliate. However, because LPAZ did
not join the Unified Membership Plan ("UMP"), many of its members were
not members of national. Moreover, there are charges that Schmerl
enrolled a number of non-libertarian Republicans in the party for the
purpose
of voting for ALP, Inc. The Schmerl faction and ALP, Inc. won the
mail ballot. Disgusted by these voting irregularities and the
LNC,
the LPAZ decided not to appeal to the Judiciary Committee.
George
Phillies in his book Funding
Liberty points out that the LP bylaws specific parties can
only
be disaffiliated "for cause." A break off faction declaring it is
the "real" party is hardly sufficient cause and the LNC may have
encouraged
more such splits in the future through its actions.
Nevertheless, a lower court found in favor of LPAZ as the official
party,
which gave it the right to choose the year 2000 Presidential
candidate.
The LPAZ offered to make Harry Browne their candidate, contingent upon
receiving an apology from the LNC. The LNC refused and instead
spent
$130,000 trying to get Harry Browne on the ballot, even though they
petitioned
after the deadline. They hoped an Arizona court would support
their
effort, but the court refused to do so. Harry Browne was not on
the
ballot in Arizona in 2000.
The ALP, Inc. continued its lawsuits until the Arizona Supreme Court
agreed
that the LPAZ's failure to follow state law invalidated its
claim.
That left ALP, Inc. free to try to gain ballot status as the recognized
affiliate, since many of the "hard core" Arizona libertarians do not
want
to dance to the state's tune. Dozens of activists left the party
over this and new activists suffer from the continuing division. See
links to LNC meeting decisions, chronologies of Schmerl embezzlement
and
other acts, statements from LNC and LPAZ members and part of the Appeal
Court opinion depriving LPAZ of state recognition as the official
party,
other links.
1995: LNC
CENSURES
TAMARA CLARK
Tamara Clark, a two time state chair and former LNC member, had been an
extremely effective and high profile libertarian candidate in
Nevada.
Clark had received some financial aid from the LNC in 1994 for two
Nevada
campaigns, both of which she had to suspend due to major party
interference
and personal problems. When she moved to Arizona she ended up on
the wrong side of the Arizona schism. (She served as State Chair in
both
states.) The Schmerl cronies on the LNC demanded Clark give a detailed
accounting of the money. She claims it had not asked this before
of others who received money. Clark refused, explaining that some of
her
vendors were doing business without a license and she feared the AZP,
Inc.
faction, which had snitched to the state of Arizona on LPAZ
libertarian's
refusal to obey state law, would similarly snitch on her vendors.
At the April, 1995 LNC voted to censure Clark for this failure to
report.
See
Clark's side of the story.
1998-2000:
LAWSUIT AGAINST GENE CISEWSKI
Gene Cisewski challenged the "partyarchs" in his races for Chair in
1996
and 1998. During 1997 and 1998 he also did a number of mailings in his
work for the high profile Murray Sabrin and Steve Kubby campaigns and
for
the Liberty Council. He was one of the few people who seriously
challenged
the Cloud/Willis campaign and fundraising machine.
After Cisewski lost the July 1998 Chair race, LP staffers charged he
had
made unauthorized use of Libertarian Party data bases which he
previously
had rented. The listing of evidence of
unapproved
uses in the attorney's chronology is not very impressive. (That the
final
out-of-court settlement included large penalties should Cisewski
publicly
challenge the validity of the "evidence," leads one to further suspect
the evidence. Moreover, it did not forbid him from renting LP
state
mailing lists, which usually include all of the national party members.)
In mid-November a party representative informed Cisweski of the
"circumstantial
evidence." He replied, claiming the problem was "either
due to the LNC's incompetence in maintaining its 'seeds' or fabricated
for political reasons," according to the LNC's attorney's
chronology.
A few days later the
Libertarian National Committee voted unanimously to pursue legal
action
against him. Cisewski's failure to respond adequately did not
help
his case and gave the party an excuse to refuse to engage in binding
arbitration
when he requested it.
In
early 2000 Cisewski settled out of court for $1,000 immediately and
$10,000
after five years. The lawsuit cost the Libertarian Party $48,000 in
attorney's
fees and, doubtless, a number of disgusted member failures to
renews.
Many people still think this was a trumped up case, or over-reaction to
a Cisewski staffer's error and that the partyarchs took advantage of
this
to try to destroy a challenger.
While Cisewski did take a break from the party, as of April 2002 he was
actively working on the Ed Thompson for Governor campaign in Wisconsin
and had just been elected to the Iron County, Wisconsin, Board of
Supervisors
after defeating a 4-term incumbent by capturing more than 60% of the
vote.
See
the LNC attorney's listing of facts and the final settlement agreement.
2000:
SIX YEARS OF CLOUD-WILLIS-BROWNE FUNDRAISING HYPE CAUSE CYNICISM
A number of members have complained that the Cloud-Willis-Browne modus
operandi over six years of fundraising consisted of big and exciting
promises
which raised large amounts of money that paid campaign staffers
generously,
without producing anything like the promised results. Former big
contributor
Mike Nixson listed a number of such examples in a 1997
letter.
March 1995: "Our Plan to force Clinton to demand LP inclusion in the 1996 TV debates"Particularly criticized was the Browne Campaign's April 2000 announcement it had suspended its campaign for financial reasons--which it blamed on Jacob Hornberger's criticisms, including in letters to Browne contributors. However, money poured in and Browne re-started his campaign.
May 1995: "Our plan to get 5% of the primary vote in New Hampshire. $270,000 in TV ads"
July 1995: "Our plan to use the City Vote to achieve national publicity"
Sept 1995: " Our plan to distribute 6 million flyers to City Vote voters"
October 1995: "Our plan to get Harry Browne's book on the New York Times best seller list"
Feb 1996: "Our plan to produce a professional and powerful National TV ad and recruit 100's of CEOs"
March 1996: "Our plan to get into the 1996 TV debates" by convincing the Federal Debate Commission (to let Harry Debate)
June 1996: "Our plan to get double digits in national election polls"
August 1996: "Our new plan to get into the TV debates using talk show endorsements and radio ads"
October 1996: "Our plan to "saturate" CNN with TV ads and to produce a professional 30 minute video or TV ad placement"
2001:
RESIGNATION
OF LNC TREASURER MARK TUNIEWICZ
In March, 2001 two term LNC Treasurer Mark A. Tuniewicz resigned
effective
April 21, 2001, the date of the upcoming LNC meeting. He also
revoked
his membership certification ("the pledge") and canceled his life
membership
in the Libertarian Party. His doing so forced the National
Committee
to accept his resignation since the Libertarian Party Bylaws require
that
officers must be members of the party.
Tuniewicz promised to give an official explanation, but never did
so.
He did around that time send an e-mail to LPUS complaining about the
staff's
consistent refusal to give him timely financial reports. This
despite
new LNC chair Jim Lark's loosening the restrictions David Bergland had
placed on Tuniewicz' "interfacing directly with
the
staff and/or the accountants and/or the FEC consultants," as John
Famularo
put it, Another National Committee member speculated
Tuniewicz worried that the Internal Revenue Service might soon find
irregularities
in LP reporting for which Tuniewicz would be legally responsible if he
remained Treasurer. However, in September, 2002, when National
Director
Steve Dasbach gave his resignation after new Chair Geoff Neale and
re-motivated
Treasurer Deryl Martin discovered definitive financial irregularities,
Tuniewicz sent another post reminding everyone: "In April of 2001, I
expressed
grave concerns to the National Director and the LNC over financial
reporting
issues. Much of the reports I'd been requesting had to do with
accounts
receivable, which from the recent minutes I see have not been properly
booked & reported since after I left. The national director's
lengthy response cited his lack of awareness that a problem existed." See
relevant e-mails from Tuniewicz, Famularo, Lark and others.
2001: WILLIS
ADMITS
LYING TO LNC ABOUT BROWNE WORK IN 1995-96
Jacob Hornberger and others continued to hammer away at Willis-Browne
conflicts
of interest based on the evidence revealed 1995-96. Given no new
evidence, most people (including myself) felt it was a closed
issue.
However, even as the LNC debated in the fall of 2000 and early 2001
whether
to join on to Harry Browne's new effort, RealCampaignReform.org,
a lobbying effort and law suit to abolish the Federal Election
Commission,
questions continued about the campaign's poor performance and whether
this
lawsuit was just another fundraising venture. (See Jacob
Hornberger's
The
Great FEC Fundraising Caper and Browne's Controversy
page.)
That debate became irrelevant, however, when John Famularo distributed
to the April, 2001 LNC meeting a copy of a February, 1996 invoice Perry
Willis had sent Browne friend Jack Dean for work done on fundraising
letters
for the Harry Browne campaign. Willis sent it to Dean so the LNC
would not discover he was working for Browne behind the LNC's
back.
(Famularo found the invoice on LP computer files he had access to
during
work for the party, as he explains in an e-mail. He held it back
in part because it was evidence that Willis and Browne had committed
felonies,
including conspiracy, in causing the Browne Campaign and Libertarian
National
Committee to file false campaign and IRS reports.)
Surprisingly, a month later Perry Willis issued a 20-page "confession"
admitting that he conspired with the Brown campaign to work for it
secretly
and claiming he did it for the good of the Libertarian Party.
Harry
Browne admitted in a private an e-mail to former Chair Mary
Gingell
knowing and approving of Willis' actions.
The Libertarian National Committee launched an investigation, despite
the
best efforts of LNC members Ken Bisson and Elias Israel to hamper its
effectiveness.
(Draft minutes of the meeting went up on the LNC
minutes web page only in mid-February 2002.) In an unofficial
report, LNC member Joe Dehn revealed soon after the meeting they
included:
"censuring Perry Willis for doing this work and for denying it;
prohibiting
employment of or contracting with Willis or organizations controlled by
him for five years; requiring that other organizations with which
Willis
is associated be treated as external organizations when renting the
mailing
list or advertising in LP News; declaring the matter closed unless
additional
evidence is presented; admonishing Harry Browne and Jack Dean for their
participation; calling on Browne, Sharon Ayres, David Bergland, Michael
Cloud, and Jack Dean to denounce Willis' violation of policy;
rescinding
the approval for LNC participation in Browne's proposed lawsuit against
the FEC censure Perry Willis; limiting his ability to use the LP
mailing
list and LPNEWS advertising."
As I detail on the New Libertarians page, Elias
Israel
derided the investigatory efforts and opposed strong sanctions against
Willis, Browne and their associates. As reported in Liberty
Magazine,
Michael Cloud refused to cooperate with the investigation and
characterized
the affair as a petty inquisition and "star chamber proceedings."
See full R.W. Bradford timeline and report
and John Famularo's
Timeline
web site for full details. See
Gingell-Browne exchange, Famularo's explanation for delaying release of
the incriminating document, Joe Dehn's understanding of the decision
reached,
and comments of Steve Kubby. Harry Browne includes comments
on
this incident in his "Controversy"
page.
2001:
PRO-INTERVENTION
AND PRO-STATE OF ISRAEL HAWKS DOMINATE LNC
At the August of 2001 LNC meeting in Las Vegas, two LNC members put
forth
a resolution that given escalating conflict in Middle East nations, the
LNC should reiterate the Libertarian Party's position that military aid
and troops should be withdrawn from the region. (One of them had asked
me to write it, per debates on the LPUS discussion list.) LNC member
Elias
Israel charged that the proposal seemed to him to be "anti-Jewish" and
he was "a little offended." Member Ben Scherry stated he
disagreed
with the LP's non-interventionist position and that the United States
had
a duty to protect Israel which would be destroyed without America's
help.
After these heavy intimidation tactics, the resolution gained only 3
votes
out of 18 members. (See Georgianna Geyer's article "Pro-Israeli,
Anti-Arab Campaigns Could Isolate America.")
At the October 14th LNC meeting Elias Israel, touting the support of
Ken
Bisson, proposed (even as he assured members he wouldn't "force" it on
them) that the LNC support the U.S. government taking "forceful action
against terrorists." The resolution passed with no "no" votes and only
one abstention. It included the controversial statements: "Such
criminals
must be rooted out and destroyed before more innocent people die. Their
training camps and weapons must be eliminated. Their supply
infrastructure
must be shattered." It also noted: "Every precaution must be taken to
minimize
injury or death to innocent civilians and non-combatants -- in
Afghanistan
and in other nations."
This statement obviously supports the U.S. government bombing any part
of any nation where those suspected of terrorist connections or intent
are living, working or passing through--and without a Constitutional
declaration
of war, which our platform clearly calls for. Many libertarians
felt
that the resolution, and some related press releases and other
statements
from the national office, violate the Libertarian Party Principles and
Platform by supporting an unconstitutional war, undermining our claim
to
be a principled non-interventionist party. Angry libertarians
immediately
formed two different list serves which quickly merged into Libertarians
for Peace.
At the December 2001 meeting longtime LNC member Joe Dehn proposed a
non-intervention
resolution. The hawks voted this one down as well with 9 "no"
votes.
This time there were three "yes" and five abstain votes. For full
details of the relevant resolutions and notes and quotes from the LNC
debates
go to the articles
section of the Libertarians for Peace web site. See also
Carol
Moore's article on Middle
East Issues and Emotions.
ONGOING: STAFF'S
EMBARASSING POLITICAL OBTUSENESS AND PANDERING
The national Libertarian Party's main outreach leaftet--the "New
Political
Party" leaflet--is typical of the misleading and amateurish quality of
too much of what comes out of the national office. (One wonders how
many
people are surprised to learn what seems to be a "new political party"
is 30 years old!) I am sure everyone has their favorite embarrassing
national
party story, be it something at a national convention or seen in a
mailing,
LPNEWS or a press release read over the Internet. I personally remember
the minor controversy at the 1998 Convention where well known
anti-Semite
Willis Carto's Liberty Lobby had both a table and a full page
advertisement
for their often lurid publication
The Spotlight in the convention's
official handbook. Staffers explained it was their "free speech
right."
National staffers must embarrass celebrities who join the party with
the
front page stories in LPNEWS their photos splashed on the fold
over
address page. Some high profile members even find their
photographs
have been used on the envelopes of LP fundraising letters! I
still
cringe when I think of the photo of African-American activist Roy Innis
dancing across the front of one envelope.
Staffers also seemed to be totally politically obtuse when they gave
front
page coverage to Jewish Defense League ("JDL") head Irv Rubin joining
the
party in 2000. Savvy political activists know that JDL members
had
been imprisoned for bombings in the 1970s and linked to bombings and
even
murder, including in Rubin's home town Los Angeles, in the 1980s; one
member
committed mass murder of Palestinians at a Mosque in Israel in
1994.
A simple Internet search would have revealed these facts. As well
as JDL's statement on its web page:
"JDL
upholds the principle of Barzel -- iron -- the need to both move to
help
Jews everywhere and to change the Jewish image through sacrifice and
all
necessary means -- even strength, force and violence." Well-known
writers
Justin Raimondo and Lew Rockwell immediately excoriated the LP for
boasting
about Rubin's membership.
In summer of 2001, when Rubin started talking about running for
Congress
or California Governor as a libertarian, several libertarians raised a
ruckus, despite accusations of anti-Semitism by a couple of California
libertarians. I myself put up an Irv
Rubin/JDL "expose" web page linked to my larger article on leftist
activist violence titled The
Return of Street Fighting Man.
It is unknown if these critiques influenced Rubin's decision on running
for office. However, it looks like the September 11, 2001
terrorist
attacks may have convinced him to turn (or return) to terrorism.
In December, 2001 the FBI arrested Rubin and Earl Leslie Krugel on
charges
of planning to bomb the King Fahd Mosque in Culver City, CA and the
field
office of Congressional Representative Darrell Issa (R-CA).
Allegedly
an informant who became alarmed at the plans alerted the FBI who taped
conversations about such plans. Rubin and Krugel were indicted in
January 2002 and charged with conspiracy, conspiracy to use a
destructive
device, attempted arson, attempted arson of a United States government
facility, possession of a destructive device in furtherance of a crime
of violence and solicitation to commit a crime of violence. If
convicted
both face life in prison. Rubin claims he was "set up" but the
national
staff has not come to his defense.
Finally, in writing and distributing press releases, the national
Libertarian
Party seems to adhere to the philosophy that if you can't make news,
you
can at least make jokes. The titles of some of its more infamous
joke press releases include: "Five good reasons why Saddam Hussein
should
have been Speaker of the House," "Libertarians urge: Pull the plug on
silly
Alabama law that bans vibrators," "News from the future: Jenna Bush
launches
another airstrike on Iraq," "Gin-Soaked Jenna Bush. Her problem is not
the boozing; it's a power-drunk federal government," "Why we should say
'Cell No!' to new laws banning cell phone use in cars," and "Government
should end its jihad against Indian sports team names."
Of course, the subject matter of some are verge on the offensive, such
as: "Why rapists will love the anti-gun agenda of Sunday's Million Mom
March," "Bureaucrats' outrageous new claim: Higher beer taxes
prevent
gonorrhea," and "Proposed law in Mississippi would (ahem) get a grip on
public priapism." [Note: priapism means male sexual erection] The
emphasis on sex jokes make the press releases sometimes quite
puerile!
Can the press take seriously any organization that issues such press
releases?
After the September 11, 2001 attacks, but before the October 14 pro-war
resolution, Libertarian Party press releases were sensible and libertarian.
One was titled "Frightening numbers: 49% in new survey support 'special
IDs' for Arab-Americans." After the October 14th National
Committee
pro-war resolution some press releases began to parrot President Bush's
blatant pandering to patriotism and fear--and went further, even
displaying
blatant anti-Arab sentiment. Titles include: "Let's cut off tax
funding
for colleges that prohibit showing the American flag," "Repeal gun
control
laws that leave us defenseless against evil terrorists," "Why did
police
arrest 734,498 pot-smokers, instead of tracking murderous terrorists?",
"Unbelievable: EEOC forces airport security to hire foreign Arabs from
terrorist nations." (Could staff have been trying to please
pro-state
of Israel hawk and Chair "front runner" Elias Israel?) See
particularly obnoxious excerpts from some of these press releases.
Or go to the LP's
national
press release list.
In April and May 2002 the LP sent out two press releases ostensibly
calling
for the US to withdraw from the middle east and for the US to end the
war
on terrorism. However, these points were made only after six or
seven
paragraphs of veritable rants about terrorism in Israel! (See April
4 and May
1 releases.)
In contrast, see the solid
press release the Libertarian Party put out after the 1998 national
Convention passed a resolution calling for the impeachment of Bill
Clinton.
(Those who proposed the resolution told me my call for such action
during
my Secretary nomination speech before the 1998 Convention inspired
them.)
Since the LP was the first party to call for Clinton's impeachment, it
actually made news and received concomitant national publicity.
CONCERNS
THE "STRATEGIC PLAN" IS BEING USED AS A "NEW LIBERTARIAN" POWER PLAY
Strategic planning to set goals and plan strategies and tactics to
achieve
them is a necessary part of any organizations functioning. The
Libertarian
National Committee has engaged in such short term planning over the
years.
However, one must wonder if the "Strategic Plan" initiated in early
2001
and approved at the December, 2001 LNC meeting is merely another "Committee
for a Libertarian Majority"--like attempt by Steve Givot, Michael
Cloud,
Elias Israel and their allies to gut the Libertarian Party platform and
to pass Bylaws that might entrench their personal control of a
majoritarian-oriented
party.
The Strategic Planning process was initiated by Steve Givot who also
facilitated
the series of meetings. Needlesstosay, many people doubted his
ability
to be a neutral facilitator. Elias
Israel's repeated appeals for closed Strategic Planning Committee
meetings,
which members would be barred from witnessing, caused
controversy.
The first meeting was conducted secretly but outcry from members
ensured
the rest were open. See
the final Strategic Plan report.
Even if Steve Givot was a neutral facilitator during the Strategic
Planning
process, there is no doubt that now that it is over it is back to
"politics
as usual" for Givot. A few weeks before the December LNC meeting
he grilled me repeatedly via e-mail, blind cc-ing LNC members, on
whether
I, as a candidate for the Platform Committee, was willing to follow to
a tee the mandate of the Strategic Plan. At the December
LNC
meeting Steve Givot stated confidently that the 2002 Convention could
suspend
the rules and adopt some or all of the new platform he envisions.
And he twice talked about the need for a Bylaw to allow the LNC to
expel
people from the national party. This makes one wonder just how
Givot
and friends intend to enforce the most controversial aspects of the
Strategic
Plan.
The Strategic Plan's final six goals themselves are
non-controversial.
However, several strategies have potential for great mischief if they
are
used by factions in a controlling way to downplay principles or
discourage
activism:
#3: If "redevelop the LP platform, presenting both direction and destination" means deleting references to the laws, taxes and programs we would repeal and stressing interim positions, it could demoralize principled libertarians, especially if those who want to run campaigns on more radical platforms are discouraged from doing so.LNC At-Large member Lois Kaneshiki, in an article entitled The LNC’s Strategic Plan -- What Went Wrong, criticizes the process. She believes the LNC exceeded its authority in coming up with a plan to change the platform and bylaws -- a criticism also made of Committee for a Libertarian Majority. She believes the LNC wasted "$93,000 and six and a half weekends spent in hotel rooms" to come with a plan that is basically a “'let’s do more' version of what is already being done." She believes the LP has not "decided if we want to recruit members, sell our philosophy, or get Libertarians in office. It is not at all obvious that we can do each of these things at the same time, or that we should continue to try."
#5: "Codifying" relationships between the national and state parties could become divisive if it means a contract forcing states to accept a Presidential candidate who they believe did not live up to libertarian standards; such a contract could attract well financed quasi-libertarian candidates who know they only have to win the biggest states and the rest would be forced to accept the candidate.
#8: "Target races and allocate resources for maximum effectiveness" and "coordinate campaign activities within and among campaign levels" could have a demoralizing affect if the national staff uses its money and power to convince state parties to accept national's preferred candidates, despite any contrary desire of local activists. The LP will never raise funds like the Demopublicans and need our grass roots activists.
#18: "Focus resources to achieve the repeal of drug prohibition" could become a problem if it was done more on the bidding of well-heeled drug legalization contributors than LP members or if too many members or potential candidates become annoyed by the focus on that issue See related e-mails;
#19: "Develop an awareness that political success requires adequate resources of all sorts" could become a problem if it means that members or candidates with money use it as an excuse to disrespect the efforts of those who contribute substantial time and energy.
LNC TO TURN
NAME
"LIBERTARIAN PARTY" OVER TO PETER SCHMERL?
As we have seen, Arizona Libertarian Party, Inc. Chair Peter is quite
willing
to use misrepresentation, lawsuits and cronyism to get his way.
Therefore
many libertarians were suspicious when one of Schmerl's friends put
forth
a proposal at the March, 2002 LNC meeting that effectively would have
given
Peter Schmerl full control of the use of the name "Libertarian
Party."
Called the "Resolution Granting Use of the Name Libertarian Party to
The
Libertarian Party Foundation" -- the resolution read in relevant part:
Libertarian
National Committee, Inc. hereby grants perpetual use of the registered
trademark "Libertarian Party" to Peter G. Schmerl, his successors
and assigns, in his capacity as incorporator of the Libertarian Party
Foundation,
provided such foundation is granted 501(c)(3) by the Internal Revenue
Service
and so long as such status is maintained, and provided such foundation
creates and maintains bylaw provisions making the Chairman of the LNC
an
automatic ex officio member of the foundation's board of directors by
virtue
of his office with all the rights and privileges given every other
member
of its board;
Given Schmerl's propensity to use law suits to get his way, it is easy
to see how he might have interpreted this as meaning Schmerl now
enjoyed
possession of the name Libertarian Party for ALL uses and not just his
one approved one, as long as he went along with other provisions.
He thereby could license use of the name for someone who wanted to set
up the Libertarian Party Lobby or the Libertarian Party PAC. And
it could cost the LP tens of the thousands of dollars to disprove this.
At the meeting some members argued that according to the Bylaws the
party
could not confer ownership of the name on anyone for any other
purpose.
According to Joe Dehn, "There seemed to be a lot of sentiment that the
whole thing had been sprung on us without sufficient preparation and
without
time to investigate all of the implications -- and a particular concern
that our General Counsel had not had a chance to review the proposal --
and so there was a reluctance to spend a lot of time debating the
specifics.
Points like this will have to be debated if/when this or a similar
proposal
is presented again, or if the LNC decides to come up with a general
policy
for "chartering" LP-related organizations. The LNC directed the
Chair
to gather information relevant to such a process and report on it at
the
next meeting."
Those of us who know about the kinds of abuses described above cannot
help
but wonder if a Schmerl-crony controlled LNC will go ahead and pass
this
resolution during one of the two July LNC meetings. And they
wonder
if this is the sort of thing we will see more of if the "New
Libertarians"
take power in the party. (Note: This nefarious plan evidently was
abandoned
and was not brought up at the Indianapolis meetings.) See the
full resolution and full Joe Dehn comments.
BILL
WINTER
AND STEVE DASBACH RESIGN
Communications Direct (and LPNEWS editor) Bill Winter gave his notice a
couple months before the July 2002 Indianapolis Convention, effective
after
the Convention, but agreed to stay on on a month-to-month basis until a
replacement was found. Some LNC members claimed that he had been
caught in one two many inaccurate statements to the LNC. (In both
July 2002 LNC meetings the issue of the unknown level of LPNEWS
accounts
receivable loomed large. See my report
on the convention.) Other people opinined he was but the
first
rat deserting the sinking ship.
On September 18, 2002 National Director Steve Dasbach gave notice,
citing
LNC members having lost confidence in him. Of course, this was
due
to a long series of mismanagement problems (like the above and others
discussed
in my Convention report), capped by new revelations that Dasbach,
through
either incompetence or intention, had withheld important financial data
from the LNC: like the LPNEWS accounts receivables, the fact that he
had
used Convention money for general operating purposes, that the actual
debt
from the convention was unknown, and the new revelation that the LNC
owed
staffers over $100,000 in vacation and other time. The August
21, 2002 LNC Executive Committee meeting minutes and the Treasurer's
September 2002 report provide further details. (See Dasbach
resignation letter.)