GSC: Senator Ben Nelson is angry (second in a series) (Lessig Blog)

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GSC: Senator Ben Nelson is angry (second in a series)

May 28, 2009 3:38 PM - comments (220)

Change Congress launched its second "good souls corruption" attack today, this time against Nebraska Senator Ben Nelson. (Two Dems in a row; we'll be more balanced next time.) The attack has excited an hysterical response from the Senator's office. Read about the charge (here) and the response (below), and then please sign our petition to Senator Nelson.

At the beginning of May, Senator Nelson was reported to have said that including a "public option" (giving Americans a choice to opt into a public system) in a national health care proposal was a "deal breaker," and that he would "form a coalition of like-minded centrists opposed to the creation of a public plan, as a counterweight to Democrats pushing for it."

On May 7, our friends at Public Campaign produced a report that showed that Senator Nelson has received more than "$2 million from insurance and health care interests in his three campaigns for federal office."

These two facts together expose Senator Nelson to the charge of "Good Souls corruption" -- legal, even ethical acts that reasonably lead the public to wonder whether it is the merits or the money that is driving this Senator's decision.

Senator Nelson responded immediately to the attack by issuing the following press release. [Bracketed annotations are courtesy of me, not the Senator's staff.]

NELSON: NEBRASKANS BEWARE OF MISLEADING FUNDRAISING GIMMICK
May 28, 2009 - The office of Nebraska's Senator Ben Nelson today warned Nebraskans not to fall for a misleading fundraising gimmick by a special interest group called Change Congress. The group has issued a press release concerning Senator Nelson and said it was sending mailers to Nebraskans.
Senator Nelson's spokesman Jake Thompson issued this statement:
"There's no doubt Senator Nelson understands the insurance industry's important role providing health care for millions of Americans. After all, he's been an insurance executive [The ever effective, "I'm a former insurance exec!" defense], an insurance industry regulator, a governor who created a children's health insurance program, and today he represents Nebraska, arguably the insurance capital of the world. [And no doubt the insurance industry fundraising capital of the world.]

But let's look at this group closely. They claim, 'Ben Nelson said he may not support Obama's plan.' Can they send us a copy of the plan? [Maybe not, but we can certainly send you again to the report indicating he opposed a key element of the President's plan] No, because President Obama hasn't offered a specific plan yet. Next, they ask if people are ready to change Congress and 'take on special interests' and 'only donate to politicians who prove they are willing to do that.' Then, they promote an election law proposal they're lobbying for.

So, let's get this straight: These people are endorsing something they haven't seen [No idea what this means: We're endorsing a bill introduced by Senators Durbin and Specter. We've seen this bill.], criticizing Senator Nelson for something he hasn't done [Interesting. Where is the press release denying the reports from the beginning of May?] and using health care as a fundraising gimmick [A "fundraising gimmick"? If he means we're fundraising around this issue, that's false. If he means our strike is a "gimmick," then what's he so upset about?] --to lobby for unrelated special interest legislation. ["UNRELATED"!?!! Are you kidding me? One can define corruption as unrelated to the objects corrupted, but that doesn't make it so.] These people have a political agenda that has nothing remotely [We have an agenda. It is to create a Congress where legislation is on the merits -- not, as it is today, guided by the implicit threat of large campaign contributors.] to do with helping Nebraskans get and keep affordable, high quality health care. Their effort is silly, sad and sophomoric. [Unlike this sort of name calling.]

Nebraskans are far too smart to fall for just another special interest group grabbing a hot issue and misrepresenting both the president [Um, where did we misrepresent the President?] and Senator Nelson [And where was Senator Nelson's letter to Ryan Grimm complaining he had misrepresented him -- before we raised this issue?] to raise money to lobby Congress [And where is our effort to raise money to lobby Congress -- we've asked people to STOP giving money to Congress.]"

Here are some facts about Senator Nelson and health care:
During his presidential campaign and recently President Obama has said Americans who like their private insurance will get to keep it, or have the option to join another plan.
Ben Nelson agrees and he's eager to see more details from the president, and he wants to make sure that the 85 percent of Nebraskans who have insurance today will continue to have the option of staying with their existing plans.
Senator Nelson believes that all Americans should receive health insurance and agrees with President Obama that those who currently have health insurance should be assured that it won't be taken away from them.
Senator Nelson is spending much of the congressional break in Nebraska this week meeting with Nebraskans, listening to them discuss health care and reform ideas. He's listening to patients, providers, employers and others. He looks forward to hearing from many more Nebraskans on ways to strengthen, broaden and provide stability in America's health care system."
[But please notice, Senator Nelson has not indicated that he supports a central idea in Obama's plan -- that Nebraskans will also have the freedom to choose a public option if (and imagine this) the private options are too costly.]

As I said, this is only the second in a series. (The first was Representative Conyers.) We will continue to call out members of both parties -- and again, I promise, a Republican is coming soon -- who make it too easy for Americans to believe (as 88% in my district believe) that money buys results in Congress.

Congress could change this problem tomorrow -- by enacting the Trustworthy Government Now Act (aka, the "Fair Elections Now Act"). And of course Members can avoid the charge of "good souls corruption" by co-sponsoring that bill now.

But meanwhile, we'll be working hard to make more enemies, by making the status quo very uncomfortable. Nice was for the 90s. CHANGE was the promise for today.

Tell Ben Nelson to (be)come clean.

Join our Donor Strike -- promising not to support any candidate who doesn't co-sponsor the Trustworthy Government Now Act.

And finally, celebrate this good news just in: Senator Nelson now indicates that he has changed his view, and is now "open" to the public option.

Bravo, Senator. Now about the system of funding that makes people wonder?

Posted by Lawrence Lessig on May 28, 2009 3:38 PM | Permalink

Comments (220)

May 28, 2009 5:13 PM Gavin Baker:

I have no comment, other than to mention the words in the reCAPTCHA on this page: chutzpah two.

Fitting, hm?

May 28, 2009 5:16 PM steve:

Expertly argued, sir. The points you make in your annotations are irrefutable. Keep up the great work.

May 28, 2009 5:28 PM Collin:

"choose a pubic option"

The cited press release is sophomorically composed. Senator Nelson would do well to find a press officer who doesn't write with the tone and content of a high school junior's Facebook post about personal drama. This is a poor communications strategy from the start (e.g. including CC's name). They would have done well to ignore you.

Jake Thompson is a hack.

May 28, 2009 8:38 PM Ryan Petty:

I'd hope to see the same fervor applied to issues with which you don't agree.

May 29, 2009 7:35 AM Court:

I'm a Nebraskan. When I saw the internet ad over the last couple days, I assumed it was just targeted at me because of my Nebraska ISP. So I'm delighted to learn that your organization, Professor Lessig, is specifically targeting Sen. Nelson. I'm signing the petition.

If you manage to convince / shame the Senator into doing the right thing here in ultraconservative Nebraska (although I hasten to add that one district went for Obama, thus rendering Nebraska purple), then I would imagine you've got a great chance to do so in other states, as well.

Keep on letting 'em have it, Prof Lessig.

May 29, 2009 9:47 AM jastreich:

Prof Lessig,

With all do respect, he could disagree with plan because it's a bad plan. The government shouldn't compete, unless it's deemed a public utility. Moreover, what has the government done that is less expensive (total cost), more efficient, more effective and more responsive than the private sector? The status quo isn't working, true, but letting the Federal government get into business of insurance (and banking for that matter) is a bad idea (and it was a bad idea when Hamilton proposed the First National Bank).

For someone who is all about copyright freedom, you seem to lose sight of the effects on the free market that occur anytime the government takes on any new role. More laws is rarely the answer, more power to the Feds is rarely the answer and government competition in the market is rarely the answer.

- J

June 1, 2009 4:37 PM Rob Barton:

jastreich, you've completely missed the point of this post, the campaign against Senator Nelson, and the entire Change Congress organization. You state that you don't think the government shouldn't get into the business of insurance, etc. That really has nothing to do with any of this. Lessig's whole purpose here is to point out that when a senator accepts large amounts of money from the insurance industry and then turns right around and supports the insurance industry's fight to keep government out of insurance, there is the appearance that the senator has been bribed.

Who cares whether Obama's proposed plan is any good or not? We can't even get to a point where we can discuss whether or not the plan is any good until we know that members of Congress who will be proposing and voting on legislation are beholden to the interests of the citizens that voted them into office, not to the pocketbooks of special interests.

Nelson may disagree, because it's a bad plan, but as long as the insurance companies are lining his campaign accounts, he may just as well be disagreeing because the insurance companies told him to disagree. We don't know which one it is until he stops accepting contributions from them.

July 20, 2009 2:53 PM Wallace:

Senator Nelson was right the 1st time; there should be no public option health insurance. It's a very clever ploy to eventually guarantee single payer health care, hence socialized medicine which has been Obama's agenda from day one.

July 31, 2009 12:24 PM Matt:

If the current Health Insurance Providors are currently so great than what is the risk of a public option???

July 31, 2009 11:10 PM BUD MARSH:

YOUR ALLEGIANCE TO BIG INSURANCE AND DRUG COMPANIES IS DISGUSTING. YOU OBVIOUSLY PUT THEIR MONEY ABOVE THE INTEREST OF YOUR COUNTRY. THE HEALTH CARE IS THE MOST IMPORTANT ISSUE NEEDED FOR OUR COUNTRY THERE MUST BE A PUBLIC OPTION. SINGLE PAYER IS THE BEST. WE ALL KNOW THAT THE UNITED STATES IS THE ONLY INDUSTRIALIZED NATION WITHOUT HEALTH CARE FOR ITS CITIZENS. THIS IS NOT ONLY A NATIONAL DISGRACE IT IS AN INTERNATIONAL DISGRACE. IF YOU DO NOT SUPPORT THE WILL AND DESIRE OF THE AMERICAN PEOPLE IN THIS MATTER. THEN YOU DO NOT DESERVE TO BE A UNITED STATES SENATOR EVEN MEAN OLD RICHARD NIXON ADVOCATED A UNIVERSAL HEALTH CARE SYSTEM FOR THE PEOPLE OF THIS COUNTRY.

AND BY THE WAY QUIT LYING. IT WILL EVENTUALL BACKFIRE ON. YOU CAN FOOL SOME OF THE PEOPLE SOME OF THE TIME----BUT REMEMBER NOT ALL OF THE PEOPLE ALL OF THE TIME. YOU ARE A UNITED STATES SENATOR. NOT A ONE MAN SIDESHOW FOR NEBRASKA.

"Ben Nelson just called a Nebraska small businessman whose health insurance costs went up 42%, an out-of-state special interest, while never disputing that he is bought and paid for by health and insurance interests who gave him millions to vote against his own constituents," Green continued. "If Ben Nelson stands behinds his spokesman's words, he just proved himself a fundamentally corrupt and out-of-touch politician who feels perfectly comfortable lying to his constituents and going to bat for private insurers who fear competition and want to rip off the people of Nebraska."

August 5, 2009 9:09 PM David:

So what if Ben Nelson is angry. I am angry too. Angry about corrupt politicians like him taking money from the insurance companies and drug companies to vote for their interests and against the interests of citizens of this country. This clown is a disgrace to the Democratic party and should switch parties immediately.
I believe we are getting to the point where America needs another revolution. Imagine 10,000,000 people marching on Washington and publicly hanging all the traitorous politicians like this scumbag! That may sound severe but in reality what they have done to harm the citizens of this country is far worse than what any drug dealer has done and been sentenced to life in prison for.

August 9, 2009 10:23 AM Mark Butler:

news article

During the presidential campaign, Obama said he would not accept contributions from lobbyists and vowed that "they won't find a job in my White House."

On his first day in office, Obama drafted an executive order limiting his hiring of lobbyists, and strengthened a ban on lobbyists' gifts to executive officials, The Hill newspaper reported.

But lobbying organizations and corporations paid for festivities surrounding Obama's inauguration and for events taking place after he entered the White House. Ford Motor Co., for example, spent $105,000 to help sponsor the NAACP's convention in July. Obama spoke at the annual affair.

Pharmaceutical Research and Manufacturers of America, a key player in the healthcare reform process, gave $20,000 to the Congressional Black Caucus Foundation in honor of Obama.

Recently released records required under ethics laws show that trade associations, companies and individual lobbyists spent more than $495,000 in honor of Obama, his wife Michelle, and Vice President Joe Biden.

Firms and lobbyists also reported spending more than $700,000 on events surrounding the inauguration, according to The Hill, which noted, "Only the entities and individuals registered to lobby have to file a disclosure report, which means the total amount companies spent on the inauguration and other events could be much higher."

Lobbyists have been flush with cash to spend on such events. As the Insider Report disclosed two weeks ago, lobbying firms filed reports showing that some enjoyed sharply increased earnings in the first half of 2009.

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December 1, 2009 11:03 PM SANDY:

SENATOR NELSON APPARENTLY DOES NOT KNOW THAT MEDICARE CUTS ARE ALREADY IN THE SYSTEM
EXAMPLE- I HAD MY SCHEDULED MAMMOGRAM. BECAUSE OF FAMLY CANCER HISTORY I NEED THEM ANNUALLY. THE SYSTEM SAID"IT HAS NOT BEEN TWO YEARS THUS YOU MAY BE FINANCIALLY RESPONSIBLE FOR THIS COST AND THE COST FIGURE WAS GIVEN. SECONDLY I HAD BLOOD TESTS AND THE SYSTEM SAID " A BLOOD TEST IS NOT REQUIRED FOR TREATMENT OF OSTEOPOROSIS SO YOU MAY BE RESPONSIBLE FOR THE COST OF THIS PROCEDURE. TRUE THE BLOOD TEST IS NOT NECESSARY FOR OSTEOPOROSIS BUT TO MONITOR THE SIDE EFFECTS OF THE DRUGS GIVEN TO TREAT ME. A NECCESSITY SINCE I HAVE HAD A COMPRESSION FRACTURE OF THE SPINE DUE TO OSTEOPOROSIS.,

WE CERTAINLY ARE BEING LIED TO AND IF THIS HORRIFIC HEALTH BILL GOES THROUGH IT APPEARS WE SHALL ALL SEE INCREASED COSTS.

December 16, 2009 2:49 PM tom quattrochi:

senator stop this marxist in his tracks, arrogant angry black man, does your pastor say god dam america, his does , shades of a hitler, stop the sob.

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July 26, 2010 7:46 AM Affordable Health Insurance Texas Place:

"health care reform" as it currently stands equals one thing, an increase in all health care costs

July 26, 2010 12:37 PM Syd the Really Cheap Auto Insurance Finder:

I understand there is a lot of corruption in the government and I think this insurance reform will just exponentially increase it at all levels because it will set up bureaucracies headed by non medically trained people making decisions that doctors should make.

I don't particularly like having to pay for abortions. I don't believe in murdering children just as much as the jury that convicted Scott Peterson for murdering a kid also don't believe in murdering children. I don't want to have to pay for it under the guise of a federally mandated "health choice". BULL That's not a health choice it's murder as the Scott Peterson court case introduces as a president.

I run and auto insurance blog for profit and the health industry is run the same otherwise why is the FDA getting hundreds if millions of dollars to license a drug? America historically is stronger when we allow capitalism to take its course without governmental socialism constraints!

July 27, 2010 4:27 PM Marc:

I'm glad you are covering this story. I wonder if there is a conflict of interest here. Money always talks int he end.

July 27, 2010 4:32 PM Marc:

I am glad you are covering this story. I believe money is talking here in a big way.

July 27, 2010 4:33 PM Marc:

I am glad you are covering this story. I believe money is talking here in a big way.

July 27, 2010 4:34 PM Marc:

I am glad you are covering this story. I believe money is talking here in a big way.

July 27, 2010 5:30 PM Mark Bellly Fat Loss Expert:

This sounds like a very complicated issue. The problem for many politicians is that they often go into public office with good intentions but with power often comes corruption. I would like to hear all sides of this story before jumping to conclusions. Also, this may be a case of trying to destroy Nelson's reputation which is unfortunately part of being in politics. We may never know the truth on this one.

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July 28, 2010 10:45 PM Asx trading:

Money really can buy people. We are talking about millions here being handed out easily to senators who are practically willing to put their greed first before the people. Such a shame...

July 28, 2010 10:55 PM Asx trading:

Money can buy people. It's the same old story. Responsibility to citizens goes out the window once big companies hands out large sums of money to these senators. What a shame.

July 29, 2010 1:11 AM Asx trading:

If this so-called anger would pave way for the enhancement of the health care system, then let him be angry every friggin' day.

July 29, 2010 4:23 AM Millie Blogged for Profit:

We can't deny that most governments today were corrupt. I agree that money can buy people in some manner. If officials were corrupt then there would definitely no hope for your country. In fact, it would increase the rate of its corruption since leaders were the one who did it first to their own country.

July 29, 2010 4:27 AM Millie Blogged for Profit:

We can't deny that most governments today were corrupt. I agree that money can buy people in some manner. If government officials were corrupt, then there would be no hope for your country to be progressive. In fact, it would increase its rate of corruption if it would not be resolved.

July 29, 2010 6:31 PM Buy Glendale Auto Insurance:

I swear...this country is more corrupt than Mexico. Where are the watchdogs when something like this happens?

July 29, 2010 6:32 PM Buy Glendale Auto Insurance:

This country is becoming more corrupt than Mexico. I honestly don't know who to trust anymore.

July 30, 2010 12:54 PM ingilizce ian:

Unless politician become more transparent - they're going to go the way of the dinosaurs. With the internet and speed of information these days, it pays to be honest and upfront from the get-go.

July 30, 2010 12:56 PM ingilizce ian:

Unless politicians become more open - they're going to go the way of the dinosaurs. In the age of the Internet, it pays to be honest and upfront from the get-go.

July 30, 2010 5:25 PM chatsiteleri:

If this so-called anger would pave way for the enhancement of the health care system, then let him be angry every friggin' day....

August 1, 2010 7:50 AM DrMomOnline:

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August 2, 2010 3:40 AM typesofinsurance:

Why is he angry? Is he right or wrong?

August 2, 2010 3:42 AM typesofinsurance:

Why is he angry? Is he right or wrong?

August 3, 2010 12:04 AM driveway price:

Ben Nelson has come under a lot of scrutiny on health issues like these. Its an issue which needs fixing soon, but there is a lot to consider as commented above.

August 5, 2010 1:40 AM Woody:

This is horse turd! Evry time an event like this happens (Goverments STEALING money) they get away with it. It drives me mad! If anyone else cheated people or the goverment they would be jailed up for life. Fraud aginst the goverment gets you more time in jail than murdering another human! NUFF SAID!!!!!!!

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August 12, 2010 9:23 PM Emil Andrews:

Woody, I am with you.
I do not want a lot of comments about this. I think corruption is conducted by the government is not supposed to be done.

August 16, 2010 1:14 PM Gary the Corporate Gifts guy:

I fully agree. And I thought government corruption is only in South Africa. Shame on them.

August 16, 2010 1:16 PM Gary from Executive Corporate Gifts:

I fully agree. And I thought government corruption is only in South Africa. Shame on them.

August 16, 2010 1:17 PM Gary from Executive Corporate Gifts:

F fully agree. And I thought government corruption is only in South Africa. Shame on them.

August 19, 2010 9:08 AM Columbus Auto Insurance:

I think so cares about all this stuff why does it even matter

August 19, 2010 9:09 AM Columbus Auto Insurance:

Im over here thinking why does it even matter. Nobody really cares

August 21, 2010 11:16 AM oyun oyna:

If this so-called anger would pave way for the enhancement of the health care system, then let him be angry every friggin' day.

August 21, 2010 11:20 AM oyun oyna:

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