Arizona’s political media: ‘pay no attention to that man behind the curtain’

Posted by AzBlueMeanie:

In a follow-up to a story first reported here, AIRC Update: Tranparency for the media, but not for political lobbyists?, there are two reports today about the complaint filed with the Secretary of State by Jim March, second vice chair of the Pima County Libertarian Party, regarding lobbying by the secretive group FAIR Trust of the Arizona Independent Redistricting Commission (AIRC).

The first report is from the publication by and for lobbyists, the Arizona Capitol Times (subscription required), by Evan Wyloge. FAIR Trust targeted over allegations of illegally lobbying IRC – Arizona Capitol Times:

A Libertarian Party activist alleged in a complaint filed today that a group with ties to Republican politicians is illegally lobbying the state’s redistricting commission.

Jim March, who registered the complaint with the Arizona Secretary of State’s Office, said FAIR Trust’s actions go beyond the scope of what’s permitted for a legal trust and require them to be registered as a lobbying group.

March, a Pima County Libertarian officer, cites extended conversations he’s observed during Independent Redistricting Commission meetings between FAIR Trust attorneys and John Mills, a Republican legislative staffer, as additional evidence of cooperation with Republican politicians.

The complaint elevates what until now had been mere criticism of FAIR Trust, which has refused to publicly disclose its financial backers or the interests it is working for. (emphasis added)

Attorneys for FAIR Trust said they’re only urging adherence to the IRC’s constitutional requirements and Voting Rights Act compliance, but the group’s detractors have regularly accused the group of harassing the IRC in order to benefit their Republican backers.

FAIR Trust has so far been classified as a legal trust, which does not require disclosure of who is financing their activity, and representatives from the group have so far refused to volunteer that information, citing their “legal trust” classification.

* * *

Michael Liburdi, one of the attorney’s with FAIR Trust, asserted that the group has violated none of Arizona’s lobbying requirements, and that he’s sure the complaint will go nowhere.

“It’s legally meritless,” Liburdi said. “What matters here is Arizona’s lobbying rules… and the clear definition of lobbying is attempting to influence the passage or defeat of any legislation.”

Let's unpack some of this reporting. First, I have had quite enough of Arizona's political reporters simply stating that FAIR Trust refuses to "publicly disclose its financial backers or the interests it is working for" and letting it go at that. That's why we have a media, to do the digging to find out such things. Where are the muckrakers performing the media's constitutional function of being the watchdogs of democracy?

Secondly, I am not at all certain what Mr. Liburdi means when he says FAIR Trust is classified as a "legal trust." What does that mean? Are we talking about something like the Scooter Libby Legal Defense Trust? Again, this reporter needs to ask more probing questions and to dig a little deeper. You are not a stenographer simply taking down what Mr. Liburdi says.

Finally, when Mr. Liburdi says “What matters here is Arizona’s lobbying rules… and the clear definition of lobbying is attempting to influence the passage or defeat of any legislation,” he is wrong. What really matters to Arizonans is knowing who is behind the secretive FAIR Trust and who is funding it to influence the AIRC. As I posted the other day, Lobbying at AIRC meetings:

FAIR Trust, if that is its actual name, reportedly is a group put together by Republican politicians in Arizona to represent GOP interests at the Independent Redistricting Commission.

Unlike the Democratic Party redistricting organizations, i.e., the Democratic Legislative Campaign Committee (a 527), the National Democratic Redistricting Trust, and Foundation for the Future (a 527), the secretive FAIR Trust is not readily identifiable as a 501(c)(4) nonprofit organization or a 527, or in some way related to the Republican Party's nonprofit group, Making America’s Promise Secure (MAPS). The national parties and redistricting: how each side is organizing | Democratic Legislative Campaign Committee.

Making America’s Promise Secure (MAPS) is one of at least four conservative groups raising money for redistricting-related efforts independent from the GOP's national party apparatus. GOP lags in early redistricting race (Politico, By Kenneth P. Vogel, June 5, 2010). The Republican State Leadership Committee absorbed the American Majority Project, a nonprofit group formed by GOP lawyer Ben Ginsberg, "and launched a reapportionment initiative called REDistricting MAjority Project or REDMAP, which is intended to target and win state legislative races that can tip the balance of legislatures that craft and vote on redistricting plans."

The Republican State Leadership Committee, a 527 group run by GOP operative Ed Gillespie, uses soft-money funds, including millions of dollars in corporate donations, for redistricting that "is expected to be funneled through a nonprofit arm of the organization, which means it won’t have to publicly report those donations." Redistricting Draws Unregulated Cash | Funders' Committee for Civic Participation (Politico, by John Bresnahan, March 30, 2011). “As far as the soft money goes, there’s different groups set up in different states.”

The Democratic Party redistricting organizations are operating openly and transparently, FAIR Trust is not. People are rightly suspicious and concerned about this highly secretive group.

The second report is by AP reporter Paul Davenport. Critic says no Ariz redistricting 'hidden agendas':

An advocacy group with undisclosed financial backing and reported ties to Republican politicians is drawing criticism in Arizona's redistricting process, with a critic saying there should be no room for "hidden agendas."

A Libertarian Party activist filed a complaint Tuesday accusing the group FAIR Trust of violating lobbying registration requirements for its lawyers' contacts with the Independent Redistricting Commission.

Secretary of State spokesman Matt Roberts said his office was reviewing the complaint filed by Jim March, a Libertarian Party officer in Pima County.

So now this "legal trust," as reported by Arizona Capitol Times, is an "advocacy group," which implies to me that it is a 501(c)(4) nonprofit. I have searched the nonprofit data bases for FAIR Trust and I do not find this name listed anywhere.

Cantelme said the group is working to ensure that the commission abides by redistricting criteria set by the Arizona Constitution, but he declined during an interview to identify the group's financial backers.

However, he said the group is separate from one that advocated on behalf of Republicans in Arizona's last redistricting.

Democrats also had an advocacy group active in that redistricting, and Democratic county supervisors Monday appeared before the commission on to offer redistricting suggestions.

This reporter is making a false equivalency between a highly secretive GOP redistricting group with an actual Hispanic advocacy group represented by its principal officers at a public AIRC hearing, Pima County Supervisor Richard Elías and Maricopa County Supervisor Mary Rose Wilcox. They are not hiding behind any curtain like FAIR Trust's clients.

As an aside, I was present at this meeting and observed Jim March provide a copy of his complaint to Rhonda Bodfield of the Arizona Daily Star and Andrea Kelly, a former Star reporter who is now working for KUAT. Neither reporter sought to ask Mr. March any questions, nor did they file a report about his complaint. They either do not understand the significance of FAIR Trust, or do not care. I suspect the latter is true.

I get the sense that who is behind FAIR Trust and who is funding it is not exactly a well-kept secret, it is just not being reported by the media. Arizona's political media is effectively saying "pay no attention to that man behind the curtain" rather than doing its job to inform the public.

Finally, I am reasonably confident that Jim March mentioned to the reporters above that he was confronted in the parking lot of the DoubleTree Hotel in Tucson by Republican legislative staffer John Mills, yet that was not included in their reporting. Only Steve Muratore and I have reported this incident of intimidation and harassment of Mr. March by Mr. Mills after the formal filing of a complaint in which Mills figured prominently. This is not the first time that Mr. Mills has confronted a witness outside of an AIRC public hearing.

Since Mr. Mills has demonstrated that he cannot behave himself, the AIRC should take it upon itself to bar Mr. Mills from any further proceedings for the protection of members of the public. Members of the public should not expect to be subjected to intimidation and harassment from a paid staffer of the Arizona Legislature at these AIRC public hearings.