Archive for the 'Colorado U.S. Senate' Category

Media omission: Federal personhood bill, co-sponsored by Gardner, aims to ban abortion just like state version

Wednesday, July 16th, 2014

A spokesman for senatorial candidate Cory Gardner told The Denver Post today that the federal personhood bill, co-sponsored by Gardner in July of last year, “simply states that life begins at conception” and would not change contraception laws.

“The federal proposal in question simply states that life begins at conception, as most pro-life Americans believe, with no change to contraception laws as Senator Udall falsely alleges,” [Gardner spokesperson Alex] Siciliano said.

In fact, the federal “Life at Conception Act” aims to make personhood federal law, applicable to all states, including Colorado and banning all abortion, even for rape, and common forms of birth control.

Here’s how: The full title of the Life at Conception Act is: “To implement equal protection under the 14th article of amendment to the Constitution for the right to life of each born and preborn human person.”

You may be surprised that the 14th Amendment, Section 5, allows Congressto pass legislation to re-define the definition of a “person” under federal law. This skirts the normal, lengthy process for amending the U.S. Constitution. The 14th Amendment, Section 5, states:

“The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”

Anti-abortion activists have seized on this provision of the 14th Amendment to push federal legislation that would define a “person” as beginning at the fertilized egg (or “zygote”) stage. They argue that by passing such legislation, they are enforcing the due-process and equal-protection guarantees of the 14th Amendment. Hence, the Life at Conception Act states in part:

To implement equal protection for the right to life of each born and preborn human person, and pursuant to the duty and authority of the Congress, including Congress’ power under article I, section 8, to make necessary and proper laws, and Congress’ power under section 5 of the 14th article of amendment to the Constitution of the United States, the Congress hereby declares that the right to life guaranteed by the Constitution is vested in each human being. …

The term “human being” is defined in the billas “all stages of life, including the moment of fertilization…”

The terms “human person” and “human being” include each and every member of the species homo sapiens at all stages of life, including the moment of fertilization, cloning, or other moment at which an individual member of the human species comes into being.

So, to summarize:  The Life at Conception Act aims to redefine the definition of a person in the Fourteenth Amendment, and apply the 14th Amendment’s protections to zygotes, hence banning all abortion, even for rape, as well as common forms of birth control that endanger, or even potentially endanger, fertilized eggs. It would give legal protections to fertilized eggs. In a word, personhood.

Reporters should not let Gardner, or his spokespeople, mislead the public about the aim of the federal personhood bill that he co-sponsored last year.

Media omission: Gardner un-cosponsored legislation in 2011, showing how how can un-cosponsor personhood legislation now

Thursday, July 10th, 2014

One of the biggest election-year hypocrisies hanging out there, waiting for a civic-minded reporter to jump on, is the fact that senatorial candidate Cory Gardner remains a cosponsor of federal personhood legislation, even though he’s told the world, both in interviews and even in a paid advertisement, that he’s “learned more” about “personhood” and changed his mind about supporting it.

To un-cosponsor the federal personhood bill, the Life at Conception Act, Gardner must give a speech from the floor of the House of Representatives. Why hasn’t he done this?

Now is the time for the aforementioned civic-minded reporter to jump in and remind Gardner that he’s trotted down to the floor of House and un-cosponsored at least one bill before.

Back in 2011, Gardner, along with fellow Colorado Congressmen Coffman and Tipton, cosponsored legislation offering tax credits for natural-gas-powered vehicles.

But the oil-loving Koch brothers caught wind of the legislation, and pressured co-sponsors of the bill to withdraw their names.

As the Sunlight Foundation reported at the time:

But some companies, led by the oil refining conglomerate owned by the politically influential Koch brothers, have campaigned against the legislation, according to a report in The Hill newspaper. Their efforts have resulted in 14 members of Congress withdrawing their support for the bill.

Gardner, Coffman, and Tipton apparently felt the Koch pressure, and speaking from the floor of the House, one by one, they asked that their cosponsorship of the natural-gas bill (HR 1380) be ended. Click at the bottom of the page here, on “Show cosponsors who withdrew.”

Here’s C-Span video of these exciting acts of remorse and regret. In the first video, Gardner is not pictured, but you hear Gardner say:

SPEAKER OF THE HOUSE: For what purpose would the gentleman from Colorado like to address the House?

GARDNER: Thank you Mr. Speaker. I ask unanimous consent that my name be removed from [H.R.] 1380.”

SPEAKER OF THE HOUSE: Without objection.

Then you see Rep. Scott Tipton make the same request. In the second video, you see Rep. Mike Coffman do it.

WATCH: http://www.youtube.com/watch?v=oj7VRXfTKg0&feature=share&list=UUSj-lO7VwQBYZBK-56FXN7w

WATCH: http://www.youtube.com/watch?v=WMq3Ya_OjFw&list=UUSj-lO7VwQBYZBK-56FXN7w&feature=share&index=2

If Gardner can do this in 2011, why won’t he do it now?

During an interview on with CBS4’s Shaun Boyd in April, Gardner went out of his way to distinguish between state and federal personhood proposals, as gubernatorial candidate Bob Beauprez has also done, indicating that he may not take back his support of federal personhood, even though the state and federal measures would do the same thing. And Gardner has defended his anti-abortion record on the radio.

It was only June of 2013 when Gardner first added his name to the list of cosponsors of the Life at Conception Act. Maybe he’s fine with it. It’s a question that deserves to be asked.

Context in Associated Press story helps readers understand nuances of immigration issue

Tuesday, June 17th, 2014

An Associated Press article last week reported on the clashes between Sen. Mark Udall and his Republican opponent, Rep. Cory Gardner, on immigration issues. The AP piece, by Nicholas Riccardi, not only presents the two candidates’ current positions on the topic but also adds info about what the one of the  candidates is not saying.

Gardner last week said that he did support citizenship for people here illegally who served in the military. But he would not give any more specifics about who else should be granted citizenship.

Information about what  candidates aren’t willing to say allows readers to make meaningful comparisons.

It helps voters distinguish, in this case, a narrow immigration position, like Gardner’s, from a broader one, like the comprehensive immigration reform supported by Udall. (Reporters covering Rep. Mike Coffman should also point out his unwillingness to offer a specific immigration plan, beyond vagaries–unlike his Democratic opponent Andrew Romanoff, who’s a backer of the bipartisan Senate bill.)

Riccardi’s piece clearly states that Udall supports the bipartisan immigration bill passed by the Senate, and Gardner does not.

Gardner has long opposed any immigration reform, even reduced college tuition for undocumented young people, until unspecified border security measures are in place.

Gardner attacked Udall for supporting a 2005 bill that would have made it a felony to be in the United States illegally, Riccardi reported.

For context, as he did with the two candidates’ current immigration stances, Riccardi should have contrasted Gardner’s own positions back then to Udall’s.

Gardner, for example, was part of an organization called State Legislators for Legal Immigration, according to a May 22, 2007 Greeley Tribune article. Among other extreme immigration positions, Gardner’s group wanted to prohibit the children of undocumented immigrants from attending school, even elementary school, and from receiving all other public assistance.

This comports with Gardner’s 2006 vote in the state legislature against providing any benefits, including preventative care, like immunizations, to undocumented children as well as adults. At the time, Gardner was allied with the lawmakers in Colorado who thought the tough compromise legislation, passed during the special session in 2006, didn’t go far enough.

Double-speak becoming part of the required context for reporting on Gardner

Tuesday, May 27th, 2014

In her “Reality Check” spots about political ads, CBS4’s Shaun Boyd doesn’t just render verdicts on the truthiness of political advertisements but also offers contextual information for viewers, telling us, “Here’s What You Need to Know.”

Evaluating the veracity of an ad stating that Gardner sides with big oil because, as the ad states, he’s voted “to keep billions in handouts for big oil companies, even as they make record profits,” Boyd reported last week that Gardner indeed “opposed repealing tax breaks that have been in place for oil-and-gas producers for more than 100 years.” But she found the statement that Gardner is on the side of big oil “misleading” because Gardner has also supported wind energy.

Here’s What You Need to Know:  Last year, on a talk radio show, Gardner suggested last eliminating the Energy Department altogether:

Gardner: “In fact, Energy Department is something we ought to look at and see whether or not they are actually justified to be there anyway.”

I couldn’t believe it when I heard Gardner say it, but no one else seemed to care at the time, except radio-host Amy Oliver, who lapped it up lovingly.

And that points to the context that Boyd should have added to her piece on the League of Conservation Voters’ ad: Gardner talks about energy policy in radically different ways depending on the audience.

You say, all politicians pander. Okay, but eliminating the Energy Department? Who besides former GOP presidential candidate Rick Perry tries to say that.

What if Gardner had been speaking to employees at the National Renewable Energy Laboratory (NREL), which is funded by the Energy Department? Would Gardner have talked to them like he did to Oliver, KFKA’s anti-wind-energy radio host, who doubles as a staffer for the libertarian Independence Institute? Would he go there and say we need to have a conversation about how to save money, and junking the Energy Department should be part of it?

Double-speak is something reporters naturally look for. With Gardner, it’s getting to the point where it’s part of the context for whatever he’s talking about, starting with personhood, of course, and heading out from there to global warming, taxes, immigration, and more.

Ross Kaminsky discusses his column about Gardner, Tancredo, and immigration politics

Thursday, May 22nd, 2014

American Spectator columnist Ross Kaminsky was the only media figure who reported on a private meeting last month between Republican Senate candidate Cory Gardner and “a small group of Republicans” to discuss immigration policy.

“The roughly 10 people in the room,” Kaminsky wrote in his much-discussed column about the meeting, “included representatives of business, of the media (me), prominent former Colorado politicians and party leaders, and — perhaps most interestingly — two evangelical Christian pastors.”

What I’d have given for an invitation to that meeting, which sources tell me occurred at the Denver law firm of Holland & Hart. (At least I get to sniff around there for a June 10 fundraiser for my kid’s East High debate team. Email me if you want to donate.)

Impressed with Kaminsky’s access and the debate his piece generated, I called to find out more about the meeting and his role as media representative.

“I was there partly in my capacity as a media person and partly because the people who organized the meeting know my views on immigration and wanted me to express them to Congressman Gardner,” Kaminsky told me. “So I was there in a dual role.

“They wanted me to write about it. I wanted to write about it. The only stipulation given to me was not to name the meeting participants, other than Congressman Gardner. And I thought that as long as I could describe their function in life–a minister, a political operative–that it wasn’t really important what their names were. So I was fine with that. I didn’t think it impacted the substance of my article.”

I asked Kaminsky if he had any insight into why the meeting was private.

“One thing that came up in the meeting, which I think is true, is, when you’re talking about immigration, it seems people will give very different answers in small private groups than they will in public, especially on the Republican side,” replied Kaminsky, who’s registered as an independent. “I think there are a lot of Republicans who are becoming more sympathetic to immigration reform but are a little bit afraid to say it in public. It might be the equivalent of a pro-life Democrat. So I think the purpose of the meeting was not to hide stuff, because if it was I wouldn’t have been invited, right? I think the organizers felt like getting a small group together would allow a more honest conversation. And I think it happened that way. I think that analysis was right.”

Kaminsky told me Gardner mostly listened, but he added:  “[Gardner] did offer short comments, generally, after each person spoke. When he responded to a person’s comment, it was not just some broad platitudes and generalities. He responded in short but detailed answers that related directly to what the person said. He was really paying attention.”

Kaminsky, who’s a talk-show host on 850 KOA, favors immigration reform, he says, but not the comprehensive variety, and without a path to citizenship (except possibly for young immigrants). Kaminsky wants a bite-sized approach, as he would with any legislation. In his column, Kaminsky’s argued, among other things, that hard-line self-deport immigration policies, like those of Tom Tancredo in particular, will poison Republican candidates in Colorado.

Kaminsky complimented Gardner for favoring a guest-worker program, and he’s not troubled by the fact that Gardner opposed a guest-worker program back in 2008 in the state legislature that would have created a guest-visa program for agricultural workers.

“People change, things change,” replied Kaminsky. “And you know what, staying cynical, even though I like Cory, politicians frequently do what’s best for politicians. Even the ones who I think are good people, they are always balancing, how do I make sure I keep my job versus what’s best for the country. And I think that of all of them. I don’t think Mark Udall is a bad person. I’ve met him. He was very pleasant to me, and I enjoyed talking to him. I just disagree with him. Whether it’s him or Cory Gardner, their just considering their futures.”

In his column, Kaminsky accused Democratic Senators Mark Udall and Michael Bennet of having “no interest in actually dealing with the question; they, like their party leaders, want a wedge issue more than they want a solution.”

Given that 68 Senators passed comprehensive immigration reform in bipartisan fashion, with 32 Republicans opposed, how is immigration reform, as accomplished via the Senate bill, a wedge issue? (Gardner has made no secret of his opposition to the Senate immigration bill, even though he supported comprehensive reform after the last election.)

“I think there’s a continuum here,” Kaminisky said. “I don’t think it’s exactly fair to say that I think it’s just a wedge issue. I do think, on balance, they would prefer to have the issue than any solution that’s actually politically conceivable at this time. I think there are reform measures that Democrats would accept and give up having the issue, but I think what they would accept would include a path to citizenship that’s shorter and easier than would have any chance of getting through the House of Representatives at this time. I don’t give politicians a lot of credit for voting for something that has no chance of passing… This is true on the Republican side as well. They know it would have absolutely zero chance in the House of Representatives and therefore their consideration is not so much for the policy as it is about their own personal political situation. I don’t think a vote for the Senate bill proved that they would rather have a solution than the issue.”

Kaminsky agreed with me that, along the way, media coverage made it appear as if the Senate bill might pass the House, and it certainly would have had it come to a full vote, but Kaminsky never thought House passage was possible.

Kaminsky told me he wrote his column, which was titled Changing Immigration Politics in Colorado, to try to change the Republican Party.

“To me the most interesting part was those two evangelical pastors from different churches and how surprised they were in the rapidity of the change in the views of the people of their congregations, how fast and how far those views have been changing,” Kaminisky said. “And for these guys to say that they think that evangelicals, both in the leadership of churches and within the congregations, are more likely to support reform than oppose it, I thought was pretty amazing.”

 

Once eager to be talk-radio guest, Gardner now always has “an excuse” to decline interviews, radio-host says

Tuesday, May 6th, 2014

“Before, whenever we wanted Cory, we made a call, and we got Cory,” said KNUS radio-host Dan Caplis on air Monday. “Now, there’s always an excuse.”

Caplis, who’s usually big on personal responsibility, blames Gardner’s “handlers” for ducking his show, not Gardner himself.

“It’s like, ‘Wait a second handlers!’ Let Cory be Cory. Let Cory loose,” Caplis told listeners Monday. “And let him go out and work this state retail.  You know, don’t be afraid of protecting or scripting every sentence, every paragraph the guy says.  He’ll be a very fine U.S. Senator.  Just trust him to be Cory. And maybe I’m wrong. Maybe it’s just an initial impression, but my impression is that he may be over-managed at this point. [BigMedia emphasis]

Chuck Bonniwell, who was a guest-host on another KNUS show Monday, joined Caplis on is show briefly, saying:

“[Gardner] ought to at least come on the ‘Dan Caplis Shows’ of the world, where he’s going to get a positive reception, he’s going to be treated with respect, and he’s going to do well.  And they ought to at least do those.  And they can’t even do that, which is amazing, just amazing!”

Gardner last appeared on Caplis’ show just after Gardner announced his senatorial run against Democrat Mark Udall. But since then, silence.

“What I’m worried about is, as great as I believe Cory is, it’s because I’ve had a chance to get to know him,” said Caplis on air. “You know, Cory and I would give speeches at different dinners. We’d do interviews on air, et cetera. Most of the people in this state don’t know Cory yet. How are they going to know how good he his unless they get a chance to get to know him?”

In the weeks after announcing his campaign, Gardner has faced questions from the media, including talk-show hosts, about his vacillating positions on abortion and immigration.

Journalists and talk-show hosts alike do the right thing when they tell us about their difficulties landing public officials for interviews. Caplis said on air that his criticism is an “initial concern,” but “we have had a hard time getting Cory on the show, since the original interview.” He’s hoping things will change soon.

To un-endorse federal personhood, Gardner must speak from House floor

Wednesday, April 30th, 2014

Rep. Cory Gardner un-endorsed Colorado’s personhood amendment last month by telling The Denver Post’s Lynn Bartels he changed his mind.

But if Gardner is going to un-endorse federal personhood legislation, which he cosponsored nine months ago, he’ll have to trot down to the floor of the U.S. House of Representatives and ask for “unanimous consent” to have his name removed from the legislation, which would ban all abortion, including for rape and incest.

“A member has go to the House floor and technically ask for unanimous consent to remove their name as co-sponsor of the bill,” said Sarah Binder, a Senior Fellow at the Brookings Institution. “And you can do that up until the point at which the committee reports the bill to the floor.”

If you’re completely bored and you feel like reviewing the “Life at Conception Act,” which is a federal personhood bill, you’ll find Gardner’s name is still listed as a cosponsor, having signed up nine months ago.

So it appears Gardner hasn’t un-endorsed the bill yet, but calls to the Gardner’s office and to the office of the bill’s sponsor, Rep. Jim Jordan (R-OH) were not returned.

Gardner still has time to remove his name, because the House committee hasn’t reported on the bill, which means the committee hasn’t voted on it.

During an interview on CBS4 Friday, Gardner suggested that he may not take back his support of federal personhood legislation. And he defended his anti-abortion record in Congress during a recent radio interview as well.

“In the state of Colorado, the personhood initiative, I do not support,” Gardner told CBS4 Political Reporter Shaun Boyd.

Boyd should have asked Gardner if he has plans to withdraw his cosponsorship of federal personhood and, if so, when.

“It’s somewhat rare for members to feel compelled to take their names off bills,” said Binder, but she could understand how the pressure of a state-wide campaign would put “heat” on Gardner.

But if you Google the phrase, “I ask unanimous consent to remove my name as a cosponsor,” you find examples of Congresspeople doing this. Here’s an example.

“By and large, people cosponsor bills to take a position in support, either because something’s bothering them or because a colleague has said, ‘I’d like to demonstrate support for the bill; I need you to sign on,'” Binder said.

If a change of heart occurs, a Congressperson can’t just announce the switcheroo in writing, according to Donald Wolfensberger, Congressional scholar with Woodrow Wilson Center. A short speech on the House floor is required, he told me.

Wolfensberger’s and Binder’s views comport with House rules I ploughed through.

One congressional document, titled “House Practice: A Guide to the Rules, Precedents and Procedures of the House” states:

Before the bill is reported, Members may remove their names as cosponsors by unanimous consent. Manual Sec. 825. Alternatively, a cosponsor may announce withdrawal of support for a bill, or a statement indicating that an error was made in the listing of a cosponsor’s name may be made on the floor for publication in the Congressional Record. Deschler Ch 16 Sec. Sec. 2.5, 2.6.

Hat tip to blogger at Independence Institute for acknowledging health-insurance cancellations didn’t leave people bereft of health insurance

Wednesday, April 23rd, 2014

With more and more ads implying that Coloradans lost their insurance under Obamacare, and senatorial candidate Cory Gardner saying directly that “335,000 Coloradans…lost their health insurance” thanks to Obamacare, it’s worth a trip to the archive to see if conservative bloggers agree with fact checkers, like 9News political reporter Brandon Rittiman, who noted that getting an insurance-cancellation notice due to Obamacare was “not the same thing as losing insurance.”

So I extend a good-on-ya to Todd Shepherd, who blogs for the conservative Independence Institute. Shepherd reported back in January:

Shepherd: Without question, 249,000 health care policy cancellations did not mean 249,000 Coloradans were left completely bereft of insurance coverage.

I’d prefer Shepherd use a contextual statement highlighting the renewals and new-and-improved insurance options available under Obamacare, but, still, Shepherd’s formulation is something closer to the truth than the simple words “lost” or “cancelled.”

Shepherd did not respond favorably to phone and email requests for comment.

Conservative talk-show hosts frustrated that Coffman isn’t talking to them

Wednesday, April 23rd, 2014

Journalists should let us know more often when politicians are ducking them.  Or when they only talk through spokespeople.

After a week or two goes by, and a public official still refuses to talk, reporters should tweet it, if nothing else.

On March 28, KNUS radio’s Steve Kelley and co-host Bill Rogan chose to talk openly about their difficulties landing Rep. Mike Coffman and Rep. Cory Gardner.

Kelley: Congressman Coffman and Gardner are not talking, apparently.

Rogan: Ducking us. And I don’t like that.

Kelley: Well, that’s what it feels like at this point. So we’ll give them one more day, and then look, the clubs are coming out.

Rogan: They’ll come on Saturday, and we’ll do a special edition of Kelley and Company, just to accommodate Coffman and Gardner.

Kelley: See, I don’t know.

Rogan: I’m not too happy with these two.

Kelley: At this point, I’m not either. We can say that. It’s a free country.

Strongly anti abortion, Kelley told me last week he’d been trying to reach both politicians since they flipped on personhood.

Gardner finally appeared on Kelley’s conservative talk show, “Kelley and Company,” last week. It turned out that Gardner had changed cell phones, and he shuffled press contacts, so it was all a misunderstanding, Kelley said on air.

Coffman, however, is still not returning calls from Kelley’s producer, Kelley said, noting that Rep. Diana  DeGette and Sen. Mark Udall don’t return his calls either.

But Coffman’s lack of response surprises Kelley, who sees his conservative KNUS show as a friendly audience for Coffman, even if he asks a challenging question on occasion, Kelley told me.

How should a raped woman get an abortion, if not from a doctor?

Tuesday, April 22nd, 2014

Eli Stokols reports that senatorial candidate Cory Gardner is defending his co-sponsorship of a 2007 bill that would have banned doctors from performing an abortion for rape and incest.

Stokols reports:

When he was a state lawmaker, Gardner signed onto Senate Bill 143 as a co-sponsor — he did not carry the bill himself, his campaign points out.

The measure would have outlawed all abortions with the exception of cases that is “designed to protect the death of a pregnant mother, if the physician makes reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice.”

Gardner’s campaign pushes back: “the bill only prohibited the performing of an abortion (with an exception for life of the mother). It specifically exempted women from prosecution: ‘A pregnant mother upon whom an abortion is performed or attempted shall not be guilty of violating this section’.”

Stokols did not tell us how Gardner thinks a raped woman should get an abortion, if not from a doctor?

Garnder’s push back is correct. His bill did not make it a felony for women to get back-alley abortions. But a doctor would face felony charges.

So Stokols or another reporter should find out where Gardner thinks a raped woman should get an abortion–and from whom?