Transcript
WEBVTT
1
00:00:00.080 --> 00:00:02.319
The topics and opinions expressed in the following show are
2
00:00:02.319 --> 00:00:03.960
solely those of the hosts and their guests, and not
3
00:00:04.000 --> 00:00:06.919
those of W FOURCY Radio. It's employees are affiliates. We
4
00:00:06.960 --> 00:00:10.039
make no recommendations or endorsements for radio show programs, services,
5
00:00:10.080 --> 00:00:13.039
or products mentioned on air or on our web. No liability,
6
00:00:13.080 --> 00:00:15.199
explicit or implied shall be extended to W four c
7
00:00:15.359 --> 00:00:17.920
Y Radio or it's employees are affiliates. Any questions or
8
00:00:17.920 --> 00:00:20.359
comments should be directed to those show hosts. Thank you
9
00:00:20.399 --> 00:00:22.000
for choosing W four c Y Radio.
10
00:00:38.039 --> 00:00:40.399
Well you've heard it said that, you know, words matter
11
00:00:40.719 --> 00:00:45.079
and names matter, like democracy, And it would appear that
12
00:00:45.119 --> 00:00:49.880
ever since our democratic idea came into being, there's been
13
00:00:49.880 --> 00:00:54.320
these antithical forces to undermine and knock it down. People
14
00:00:54.359 --> 00:00:56.960
have said, well, this doesn't make sense, it's never been
15
00:00:57.000 --> 00:01:00.799
done before, how can how can this happen? But yet
16
00:01:01.159 --> 00:01:04.000
here we are, almost at two hundred and fifty years,
17
00:01:04.400 --> 00:01:09.000
and this democratic republic keeps on marching about in spite
18
00:01:09.120 --> 00:01:13.040
of antithical forces suggesting that, you know, we're going to
19
00:01:13.120 --> 00:01:16.480
lose this democracy. And you know, sometimes I wonder if
20
00:01:16.519 --> 00:01:20.680
they even understand what democracy is all about. Doctor Dan
21
00:01:20.760 --> 00:01:23.040
McMillan is going to be joining us in just a moment.
22
00:01:23.079 --> 00:01:25.560
He's the author of the book How Could This Happen,
23
00:01:25.640 --> 00:01:27.799
which was about the Holocaust. We may touch on that,
24
00:01:28.120 --> 00:01:30.719
but more importantly, what we want to talk about is
25
00:01:31.359 --> 00:01:35.040
the group that he leads, which is Save Democracy in America.
26
00:01:35.079 --> 00:01:38.200
It's a non partisan campaign to put the American people
27
00:01:38.239 --> 00:01:41.760
back in charge by making voters the donors who fund
28
00:01:41.920 --> 00:01:46.719
election campaigns now. Dan earned a PhD in German history
29
00:01:46.719 --> 00:01:50.040
from Columbia University as well as a law degree. He's
30
00:01:50.079 --> 00:01:54.079
taught college level history and prosecuted criminal cases at the
31
00:01:54.079 --> 00:01:57.599
Brooklyn DA's office. I want to bring Dan on right now.
32
00:01:57.680 --> 00:02:00.079
Dan McMillan, welcome the show. Good to have you with us, sir.
33
00:02:00.439 --> 00:02:01.159
Be with you. Bill.
34
00:02:01.680 --> 00:02:06.359
Well, our democracy has quite the history, and you know
35
00:02:06.439 --> 00:02:10.080
today you wonder with some of these kids talking about
36
00:02:10.120 --> 00:02:13.319
how our democracy is coming under threat, and I say kids,
37
00:02:13.400 --> 00:02:16.240
there's politicians as well, and it's almost like going to
38
00:02:16.280 --> 00:02:18.439
hit the pause button. Say, would you explain to me
39
00:02:18.639 --> 00:02:21.479
what you mean by democracy? Is that a fair question?
40
00:02:21.719 --> 00:02:23.800
Well, I think there's some confusion out there, and I
41
00:02:23.800 --> 00:02:28.319
think especially the folks in Washington, I think are very
42
00:02:28.360 --> 00:02:30.680
confused about it. In fact, I think they've kind of
43
00:02:30.719 --> 00:02:33.719
forgotten what it is. And to me, it's what Lincoln
44
00:02:33.719 --> 00:02:36.719
said at Gettysburg. Government of the people, by the people,
45
00:02:37.199 --> 00:02:40.919
for the people, and the government is really no longer
46
00:02:41.479 --> 00:02:45.919
of us or by us, because long ago the people
47
00:02:46.000 --> 00:02:50.039
stop being the true constituents of our elected representatives, especially
48
00:02:50.080 --> 00:02:53.560
at the national level, they're donors. The people who pay
49
00:02:53.680 --> 00:02:58.800
for the stratospherically high cost of their election campaigns are
50
00:02:58.840 --> 00:03:02.439
their true constituents. That's who they listen to. And we
51
00:03:02.599 --> 00:03:06.199
the people have become a nuisance. I mean, we're a
52
00:03:06.280 --> 00:03:10.680
necessary evil because they still need our votes to get
53
00:03:10.680 --> 00:03:13.360
into office. That makes us necessary. But we're an evil
54
00:03:13.479 --> 00:03:16.840
because ultimately it's the donors they have to answer to,
55
00:03:17.520 --> 00:03:20.319
and then they just have to figure out what slogans
56
00:03:20.759 --> 00:03:24.199
to offer us or ugly personal attacks on their opponents
57
00:03:24.800 --> 00:03:28.800
to get them to fifty one percent. So and for
58
00:03:28.879 --> 00:03:31.520
that reason, also, we're not really getting government for the
59
00:03:31.560 --> 00:03:34.879
people either. Ultimately, now we're getting government that kind of
60
00:03:34.960 --> 00:03:39.280
isn't really working for anyone because in order to raise
61
00:03:39.319 --> 00:03:41.879
the kind of cash that you need to run for office,
62
00:03:41.960 --> 00:03:44.560
and you know, the minimum price to the Senate has
63
00:03:44.639 --> 00:03:47.120
to be at least ten million for a campaign, and
64
00:03:47.319 --> 00:03:50.199
we're seeing campaigns north of one hundred million now is
65
00:03:50.240 --> 00:03:53.319
not at all in common. A cool billion or more
66
00:03:53.360 --> 00:03:57.120
for the White House seems to be the minimum. And
67
00:03:57.199 --> 00:03:59.639
to raise that money, you basically have to take money
68
00:03:59.759 --> 00:04:02.280
from everyone. It's not enough just to take money from
69
00:04:02.680 --> 00:04:04.800
if you're in the House, to take money from the
70
00:04:04.800 --> 00:04:07.000
top industry in your district. You've got to take money
71
00:04:07.000 --> 00:04:09.840
from every single special and just out there who will
72
00:04:09.919 --> 00:04:12.319
throw it at you. And what that means is you
73
00:04:12.439 --> 00:04:16.720
sense yourself to avoid offending any of these special interests,
74
00:04:16.759 --> 00:04:20.879
and the end result is that both parties are kind
75
00:04:20.920 --> 00:04:24.560
of blocked from offering a real positive program. There's no
76
00:04:24.639 --> 00:04:27.759
way forward. I guess the most dramatic example of how
77
00:04:27.800 --> 00:04:30.920
the system has broken down because of this is that
78
00:04:31.000 --> 00:04:34.079
we're looking at we're staring down federal budget deficits a
79
00:04:34.199 --> 00:04:37.839
two and a half even three trillion dollars as far
80
00:04:37.879 --> 00:04:41.600
as the eye can see, and we're already getting to
81
00:04:41.639 --> 00:04:44.480
a point where all this public borrowing is going to
82
00:04:44.519 --> 00:04:47.759
start crowding up private borrowing, driving up interest rates. A
83
00:04:47.759 --> 00:04:51.439
lot of foreign borrowers who have been buying American public
84
00:04:51.480 --> 00:04:53.399
debt are now saying maybe We're not a good credit
85
00:04:53.519 --> 00:04:57.600
risks after all. Another example, of course, is the cost
86
00:04:57.639 --> 00:05:00.639
of healthcare and how difficult it is to add access it.
87
00:05:00.720 --> 00:05:04.480
We pay twice as much per healthcare per American per
88
00:05:04.560 --> 00:05:07.720
capita as in many other wealthy societies that were getting
89
00:05:07.839 --> 00:05:11.279
terrible results. But you can't you can't even talk about
90
00:05:11.279 --> 00:05:14.959
how we're going to fix that without if you have
91
00:05:15.040 --> 00:05:19.079
to kowtow to the lobbyists for pharma, for health insurance
92
00:05:19.079 --> 00:05:21.000
companies and saw on. Anyway, I'm taken too long to
93
00:05:21.000 --> 00:05:22.680
get to the point, but I think the thing is,
94
00:05:23.000 --> 00:05:25.879
what I'm saying is that the desperate hunger for this
95
00:05:25.959 --> 00:05:30.639
campaign cash you can paralyze the system, and long ago,
96
00:05:31.079 --> 00:05:34.920
decades ago, already it excluded us, the American people, from
97
00:05:34.920 --> 00:05:35.600
the process.
98
00:05:35.959 --> 00:05:37.920
Okay, I want to get into that, but before we do,
99
00:05:38.079 --> 00:05:42.120
let's go back. Even in terms of people who are
100
00:05:42.439 --> 00:05:45.480
put up, you know, that are running for office. These
101
00:05:45.480 --> 00:05:49.920
have been predetermined, They've been already, you know, whether it's
102
00:05:49.959 --> 00:05:53.279
the party or other interests, other money, people who have
103
00:05:53.399 --> 00:05:56.120
determined who we're going to vote for. You know, what
104
00:05:56.279 --> 00:05:57.360
choices do we have?
105
00:05:57.519 --> 00:06:00.639
Then? Yes, and that's a very good way of putting it.
106
00:06:00.680 --> 00:06:02.920
Bill and now It's not so much that I think
107
00:06:03.079 --> 00:06:06.279
groups of donors get together and pick candidates, but the way,
108
00:06:06.800 --> 00:06:11.120
by default, in effect, the donors do choose the candidates
109
00:06:11.160 --> 00:06:13.879
that we're allowed to vote for, and set and set
110
00:06:13.920 --> 00:06:16.720
limits to what the candidates can say, because you know,
111
00:06:16.920 --> 00:06:19.560
if you're going to be even taken seriously by the media,
112
00:06:19.600 --> 00:06:21.920
if your campaign's going to be viable, then the year
113
00:06:22.000 --> 00:06:24.959
before the election year, you already have to have raised
114
00:06:25.040 --> 00:06:27.480
an enormous sum. If you're running for the House, it's
115
00:06:27.519 --> 00:06:29.160
got to be I think at least a half a million.
116
00:06:29.160 --> 00:06:31.800
In the Senate, you're talking several million dollars and so on.
117
00:06:32.680 --> 00:06:36.040
And if your idea, if you or your ideas are
118
00:06:36.120 --> 00:06:39.959
unattractive to deep pocket of donors or even uninteresting, you
119
00:06:40.040 --> 00:06:43.720
don't draw their money, and your ideas and your candidacy
120
00:06:43.920 --> 00:06:45.920
die out, out of sight and out of mind. And
121
00:06:46.000 --> 00:06:49.560
so you've got this Darwinian process where only candidates that
122
00:06:49.600 --> 00:06:52.639
are attractive to donors come to the surface, and those
123
00:06:52.639 --> 00:06:54.560
are the candidates we're allowed to vote for.
124
00:06:55.560 --> 00:07:00.240
So even having some other ideas that are you know,
125
00:07:00.439 --> 00:07:04.439
that need to be represented and discussed, are marginalized right
126
00:07:04.439 --> 00:07:06.839
from the get go. They're scrutinized, so they're not even
127
00:07:06.920 --> 00:07:11.040
part of the national debate. If it's a federal candidate,
128
00:07:11.639 --> 00:07:15.920
even on a local level or a state level, that
129
00:07:15.920 --> 00:07:19.759
that bit of the conversation is limited because they've hand
130
00:07:19.839 --> 00:07:23.560
selected or they've already predetermined. Quote is that we're going
131
00:07:23.560 --> 00:07:26.319
to vote for so Dan, you know, you talked about
132
00:07:26.680 --> 00:07:30.480
this shift, this paradigm shift that occurred. What happened. Let's
133
00:07:30.480 --> 00:07:35.160
go back historically and remind the people of what happened.
134
00:07:35.399 --> 00:07:38.959
What opened up the door to big money coming in
135
00:07:39.040 --> 00:07:40.519
and controlling our elections.
136
00:07:40.720 --> 00:07:44.519
Probably the pivotal event was a Supreme Court case in
137
00:07:44.600 --> 00:07:48.199
nineteen seventy six called Buckley v. Valeo, and that was
138
00:07:48.279 --> 00:07:52.120
the Buckley Vivaleo is the parent case of Citizens United
139
00:07:52.160 --> 00:07:54.800
and many other cases that we hear about. Citizens United
140
00:07:54.879 --> 00:07:57.639
is an important one, but it all goes back to
141
00:07:57.720 --> 00:08:00.800
Buckley and what happened to Buckley. It was a crucial
142
00:08:00.839 --> 00:08:06.160
shift in that case. These seven justices decided that money
143
00:08:06.279 --> 00:08:11.040
spent to purchase influence in government by helping candidates, that
144
00:08:11.160 --> 00:08:15.079
this money is itself free speech. Up till that point,
145
00:08:15.360 --> 00:08:18.040
free speech was just what you and I are doing,
146
00:08:18.120 --> 00:08:20.639
and what free speech means kind of in every pretty
147
00:08:20.680 --> 00:08:23.079
much in every other country on earth. That is, free
148
00:08:23.160 --> 00:08:27.040
people get together and express their ideas without fear of
149
00:08:27.079 --> 00:08:30.279
any kind of punishment or coercion for expressing the ideas.
150
00:08:30.759 --> 00:08:34.360
It didn't include the money you might spend to purchase
151
00:08:34.360 --> 00:08:38.759
an audience for your speech. And more directly to the point,
152
00:08:38.879 --> 00:08:42.639
these days, if you have enormous amounts of money, you
153
00:08:42.639 --> 00:08:46.080
can drown out the speech of ordinary citizens like you
154
00:08:46.159 --> 00:08:52.159
and myself. And so that shift it crippled that ruling
155
00:08:52.200 --> 00:08:55.879
in Buckley Byoboleo, they struck down parts of the Federal
156
00:08:55.879 --> 00:08:58.720
Election Campaign Act of nineteen seventy four, which was a
157
00:08:58.799 --> 00:09:04.159
great finance law regulation. And I guess another development was
158
00:09:04.240 --> 00:09:08.720
that toward the end of the seventies, the party organizations
159
00:09:08.759 --> 00:09:12.440
ceased to be the chief vehicle through which candidates reached
160
00:09:12.440 --> 00:09:15.679
the voters. They used to be mass organizations at the
161
00:09:15.720 --> 00:09:19.600
local level and were replaced instead of by expensive media
162
00:09:19.639 --> 00:09:23.720
buys by TV ads That made campaigns more expensive, and that,
163
00:09:23.759 --> 00:09:26.159
between that and Buckley v. Balo, perhaps a couple of
164
00:09:26.159 --> 00:09:29.000
other factors, by the end of the seventies, the arms
165
00:09:29.080 --> 00:09:33.679
race in campaigns between the parties in fundraising and spending
166
00:09:33.799 --> 00:09:38.320
took off, and the cost of campaigns has risen much
167
00:09:38.360 --> 00:09:42.440
faster than inflation ever since Citizens United opened the floodgates.
168
00:09:42.879 --> 00:09:47.399
Together with another decision was a decision by these Court
169
00:09:47.399 --> 00:09:50.919
of Appeals for the District of Columbia Circuit. Speech now
170
00:09:51.360 --> 00:09:55.440
made possible to super pack, which is a political committee
171
00:09:55.440 --> 00:09:59.600
that nominally is independent of campaigns, but in fact does
172
00:09:59.679 --> 00:10:03.879
core need extensively with the campaigns. They helped that the
173
00:10:03.919 --> 00:10:07.679
non coordination is a fiction. It was required by the
174
00:10:07.960 --> 00:10:11.440
court decision, but the rules determining coornation or a joke.
175
00:10:11.559 --> 00:10:15.320
And basically a super pac can take donations of unlimited
176
00:10:15.399 --> 00:10:19.360
size and spend unlimited amounts of money to help a
177
00:10:19.399 --> 00:10:23.600
candidate they like or hurt the candidate's opponent. And you
178
00:10:23.639 --> 00:10:26.960
can mean if if well. Elon Musk, for example, spent
179
00:10:27.639 --> 00:10:32.000
close to three hundred million dollars last fall helping President Trump.
180
00:10:32.600 --> 00:10:36.000
There was also also an enormous super pac spending, for example,
181
00:10:36.039 --> 00:10:40.159
I think by George Soros and billionaires in the Democrat side.
182
00:10:40.519 --> 00:10:43.639
This problem is one hundred percent by partisan both parties.
183
00:10:44.039 --> 00:10:45.399
Amazing use of super PACs.
184
00:10:45.559 --> 00:10:48.799
Is there unintended consequences here? Dan? When this was first
185
00:10:48.840 --> 00:10:52.759
addressed by the court, was there some positive benefit to
186
00:10:53.200 --> 00:10:57.080
consider when they were looking at citizens United.
187
00:10:57.360 --> 00:10:59.679
I don't I don't see how I think that What
188
00:10:59.720 --> 00:11:02.879
they did is that the justices on the Court under
189
00:11:02.960 --> 00:11:07.679
John Roberts decided that they wanted to apply this principle
190
00:11:07.720 --> 00:11:11.080
that money is speech to kind of the most rigorous
191
00:11:11.080 --> 00:11:13.919
way possible, and they thought that they were striking a
192
00:11:13.919 --> 00:11:16.519
blow for the freedom of speech. And I guess in
193
00:11:16.559 --> 00:11:20.399
some sense they did could make possible complete freedom of
194
00:11:20.440 --> 00:11:25.279
speech for special interests or corporations, for billionaires, but at
195
00:11:25.320 --> 00:11:28.360
the expense of everyone else's speech, which was not hurt
196
00:11:28.399 --> 00:11:28.759
at all.
197
00:11:29.240 --> 00:11:32.440
Yeah, well, you would have thought, again, in terms of
198
00:11:32.480 --> 00:11:35.159
doing no harm, that the courts would have looked at
199
00:11:35.200 --> 00:11:38.240
this to say, what is this going to do to
200
00:11:38.360 --> 00:11:42.879
the voter politic? And basically they needcap the voter politic?
201
00:11:42.960 --> 00:11:43.399
Did they not?
202
00:11:43.879 --> 00:11:47.519
You know? Completely? And I have to tell you, well,
203
00:11:47.559 --> 00:11:50.679
I have no insight into the motivations of our Supreme
204
00:11:50.679 --> 00:11:53.639
Court justices. But you look at a decision, you know,
205
00:11:53.720 --> 00:11:56.000
it's one thing to have made the decision of Buckley,
206
00:11:56.039 --> 00:11:59.679
which I thought was really already a pretty clearly dumb idea.
207
00:12:00.679 --> 00:12:02.720
To me, it's one of my favorite examples of the
208
00:12:02.799 --> 00:12:05.879
triumph of book learning over common sense. I mean, you
209
00:12:05.960 --> 00:12:08.679
need the handicap of a law degree for that to
210
00:12:08.720 --> 00:12:10.879
make sense to you, right, I mean, I don't think
211
00:12:10.879 --> 00:12:14.200
you could go into any bar in the country at
212
00:12:14.240 --> 00:12:18.039
any hour and find seven, you know, normal people in
213
00:12:18.080 --> 00:12:20.679
whatever state of ineberiation and get them to buy into
214
00:12:20.720 --> 00:12:23.720
the idea that money equals speech. But there it goes.
215
00:12:23.759 --> 00:12:25.919
At least in the Buckley decision, they had no way
216
00:12:25.960 --> 00:12:29.080
to foresee only I think it was Lewis Powell wrote
217
00:12:29.120 --> 00:12:32.519
the dissent and said this is going to cause problems.
218
00:12:32.559 --> 00:12:36.080
But by twenty ten, by Citizens United, it was obvious
219
00:12:36.159 --> 00:12:40.679
that money had done terrible damage to our democracy. Why
220
00:12:40.720 --> 00:12:44.200
that did not bother the justices? Well, I don't know
221
00:12:44.240 --> 00:12:47.440
them personally. I'm not a mind reader. It's, you know,
222
00:12:47.519 --> 00:12:50.600
it almost enough to make you think that they are
223
00:12:50.679 --> 00:12:54.480
hostile to government by the people. And as judges who
224
00:12:55.039 --> 00:12:59.279
have life tenure on the court, they're accustomed to having
225
00:12:59.320 --> 00:13:01.799
an enormous out of power in our political system and
226
00:13:01.879 --> 00:13:05.159
not being accountable. And maybe they think it's better that
227
00:13:05.200 --> 00:13:07.919
the people have less power and that people in Washington
228
00:13:08.120 --> 00:13:11.000
are less and less accountable because the people can't be trusted.
229
00:13:12.240 --> 00:13:14.480
There's a lot of that are politics. There are a
230
00:13:14.480 --> 00:13:17.279
lot of people in Washington, I think, on both sides
231
00:13:17.279 --> 00:13:21.000
of the isle, who think that the American people cannot
232
00:13:21.039 --> 00:13:24.679
be trusted in some ways. I almost feel that that's
233
00:13:25.279 --> 00:13:28.200
you know, I want to be quite a nonpartisan. But
234
00:13:28.799 --> 00:13:32.440
on the Democratic side, when I think about Hillary Clinton's
235
00:13:32.480 --> 00:13:37.200
Basket of deplorable's remarks or Joe Biden's Independence Fall speech
236
00:13:37.240 --> 00:13:41.399
saying maga Republicans are a threat to democracy, and asked
237
00:13:41.399 --> 00:13:44.279
the next day, well, who's a maga Republican? And he said,
238
00:13:44.320 --> 00:13:48.080
anyone who doesn't accept the result of a legitimate election,
239
00:13:48.320 --> 00:13:52.759
namely the election of twenty twenty. And yes, tens of