Posts on Jay Sekulow

Jay Sekulow of the American Center for Law and Justice has been something of a guardian angle for the Rob and Paul Schenck.  After getting arrested and fined repeatedly for their anti-abortion activism in New York, the brothers decided to give up their protesting and move to Washington DC to reinvent themselves, with Sekulow's help:

SCHENCK BROTHERS BID FAREWELL TO PRO-LIFE ACTIVISM IN BUFFALO
11 August 1994
Buffalo News

The Revs. Paul H. and Robert L. Schenck are packing up their pro-life activism and moving it to the national arena.

They're also taking the Rev. Johnny Hunter, a third leader of the local pro-life movement, with them. The three men are moving to the Washington, D.C., and Virginia Beach, Va., areas.

Starting Sept. 1, Paul Schenck hopes to become a director of the American Center for Law and Justice, a public-interest law firm that fights for religious liberty and the pro-life and pro-family causes.

Robert Schenck will become organizing pastor of the National Community Church on Capitol Hill, which is affiliated with the Assemblies of God denomination. That new church will attempt to attract middle-level Capitol Hill workers and develop a national network of pastors to engage in "Christian lobbying" on Capitol Hill.

Sekulow continued to assist them, even going to the Supreme Court and arguing Schenck v. Pro-Choice Network of Western New York on Paul's behalf in 1996.  And to this day, Sekulow and the Schenck brothers maintain close ties, which is why it is no surprise to see that he had invited Rob to join him and former Attorney General John Ashcroft for the taping of their GodTV Election Special:

Rob Schenck (R) appears on a GodTV Election Special hosted by Jay Sekulow (L). Other guests included former US Attorney General John Ashcroft (Center Left) and Mega-Church Pastor Mike MacIntosh of San Diego's Horizon Christian Fellowship (Center Right). The four talked atop the US Chamber of Commerce building with the White House and Washington Monument in the background. The Election Day Special can be seen at www.god.tv

According to the GodTV schedule, the special is set to air on Friday, October 19 at 8pm.

As Media Matters and Americans United reported, Pat Robertson accused them and People For the American Way of trying to “squelch” his speech. Our method of “stifling” his freedom of expression? We broadcast his own words. From Tuesday’s “700 Club”:

Well our next guest and our next story I know about personally. There’s an organization called People For the American Way. They have camped on this program for decades. They record every single word that I say. If there’s any possibility that they can catch something or change it and then feed it to the AP, they do, and so the next thing you know it’s a big story.

Then, added to them is one of [the] ACLU operatives who started an organization called Americans United for Separation of Church and State. They have people assigned to monitor every word, and then to take those words, change them often, take connectives out of them, change the sense of it, and then feed it to a willing agent in the Associated Press. Then, on top of that, there’s another group, which has backing from somebody like George Soros, called, what is it, Media Matters.

So there are three of them trying to stifle the speech on this program and to embarrass those who make it.

Now, monitoring and responding to the Religious Right has been part of People For the American Way’s mission since 1981, so it’s true that we have been watching Robertson and other televangelists as they have sought to expand their political influence. And while it’s been years since Robertson’s 1988 presidential run, when he finished second in the Iowa caucus and birthed the Christian Coalition, he remains the head of an enormous media and religious empire, including the Christian Broadcasting Network, the “700 Club” (which contractually remains on the mainstream ABC Family channel), Regent University (whose low-ranked law school placed a number of graduates in the Bush Justice Department), and the affiliated American Center for Law and Justice (whose head, Jay Sekulow, played a key role in picking Bush’s judicial nominees).

Given Robertson’s continuing political clout, it shouldn’t be surprising that folks pay attention to him and even criticize him. As for “embarrassing” him, well, he does enough of that himself. Like when he and guest Jerry Falwell blamed us for the September 11, 2001 terrorist attacks.

Get the Flash Player to see this video clip.

In the past, Robertson has complained about being “misquoted”—like when he said Ariel Sharon’s debilitating stroke was divine punishment for “dividing God’s land.” But given that we provided the full transcript and video of his comments, the claim did not hold up to scrutiny.

Even more absurd, however, is Robertson’s complaint that we are trying to censor him. In fact, it is completely the opposite. We bring Robertson’s message—in his own words—to a whole new audience.

During the debate over John Roberts’s confirmation as Chief Justice three years ago, many of his proponents claimed that his experience as a right-wing legal advocate for Republican administrations was totally irrelevant in gauging the agenda he would bring to the Supreme Court. That was just a job, Americans were told, and the nominee was presented as an uninterested “umpire” who had practically never taken a position on anything at all.

At the same time, backers of Roberts assured the Religious Right that he would be their champion. For example, Jay Sekulow—head of Pat Robertson’s American Center for Law and Justice and one of the White House’s key liaisons to the far Right—felt confident enough to assert that “he knew that Judge Roberts's heart was in it. ‘He doesn't argue just to argue.’”

Last month, speaking to an anti-abortion group in Memphis, Sekulow related a few more details about why he’d felt so confident in Roberts:

In the early 1990s, Sekulow was representing the militant anti-abortion activists Operation Rescue in a case before the Supreme Court over physically blocking access to clinics (Bray v. Alexandria Women’s Health Clinic). Meanwhile, Operation Rescue was organizing more blockades in Wichita, Kansas, and planning more large protests.

According to Sekulow, Roberts—then deputy solicitor general—called him up and hatched a strategy: In the upcoming protest in Wichita, don’t block access, and that will give cover for the administration to argue on your behalf in the case where you did block access.

And indeed, the George H.W. Bush Administration joined alongside Operation Rescue in the Bray case, arguing that blocking women’s access to health clinics did not amount to discrimination against women. The Supreme Court agreed, leading Congress to pass the Freedom of Access to Clinic Entrances Act.

Reflecting on the upcoming presidential elections, Sekulow reminded the audience of the most important results of the current presidency: “Roberts and Alito. You don’t have to say a whole lot more.”

With the passing of right-wing luminaries such as Jerry Falwell and D. James Kennedy in recent months, coupled with the aging of many of the Right’s traditional leaders, the movement itself appears to be in flux and some are getting worried about just what will become of it in the future.  Just last week, James Dobson voiced these concerns while addressing the National Religious Broadcasters Convention:

“It causes me to wonder who will be left to carry the banner when this generation of leaders is gone. The question is, will the younger generation heed the call? Who will defend the unborn child in the years to come? Who will plead for the Terri Schiavos of the world? Who’s going to fight for the institution of marriage, which is on the ropes today.”

The emerging conventional wisdom is that the Religious Right is on the verge of being replaced by a “new evangelical” movement that shares the old-guard’s opposition to gays and abortion, but also cares about issues like poverty and the environment.  The standard-bearer of this “new breed” is Mike Huckabee who, as he puts it, drinks “a different kind of Jesus juice” than the traditional leaders and routinely says things like this: 

I don’t see [the right-wing movement] going into decline. I see it going into a maturing process. I think the issues are going to broaden and force Evangelicals to expand their horizons of concerns to poverty, disease, issues of education and homelessness. These are issues that I think are going to become increasingly important along with the environment as part of an overall focus that you’re going to see from - I would use a broader term - values voters - that would include not only Evangelicals but also Catholics and conservative Jewish voters as well.

Of course, just because a bunch of young upstarts think that caring about the environment is important doesn’t mean that the old-guard has any interest in broadening their agenda.  As we noted last year, when the National Association of Evangelicals started to voice concerns about the environment and global warming, right-wing stalwarts like Dobson, Tony Perkins, Don Wildmon, Gary Bauer, Rick Scarborough, and Paul Weyrich dashed off an angry letter essentially demanding that the NAE fire its own Vice President over it.

The NAE didn’t back down, but the Right didn’t give up.  Instead, they formed their own organization, the American Environmental Coalition, and now seek "to bring balance to the debate by being an alternative source of reliable information to Americans who seek the best way forward for our country.” 

Mike Huckabee’s campaign rolls on, though he seems either unwilling or unable to branch out beyond his Religious Right base of support:

Huckabee surprised by winning the Iowa caucus, but has little money and finished a distant fourth in Florida.

The former Arkansas governor and Baptist preacher was in Newport Beach for a fundraiser at a supporter's home before traveling to Los Angeles for an Americans of Faith event and to Simi Valley for the GOP presidential debate.

Americans of Faith, which seems to be going by the name Operation Vote nowadays, was founded back in 2004 to register and mobilize 5 million Christian voters by Jay Sekulow, who just so happens to be Chair of Romney’s Faith and Values Steering Committee, as well as a member of Romney’s Advisory Committee On The Constitution And The Courts.

The Passion of the Religious Conservatives

1 May 2004

National Journal

Several prominent evangelical-movement leaders, as well as businessmen, social conservatives, and other like-minded believers, have put together ambitious voter-registration efforts that aim to get the Christian faithful to the polls on Election Day. Though nominally nonpartisan, these "ground- war" efforts are expected to benefit Republicans far more than Democrats because of such hot-button issues for conservatives as gay marriage and abortion.

One effort is being run by Americans of Faith, a Virginia-based tax-exempt group that is co-chaired by Bush fundraising "Pioneer" Edward Atsinger, who is president of Salem Communications, the nation's largest Christian radio broadcaster; and Jay Alan Sekulow, chief counsel for the American Center for Law and Justice, a nonprofit launched by Pat Robertson that champions religious causes.

"I've been talking about this for the last 10 years," Sekulow said. "Evangelicals haven't been good participants in elections. We're talking about Christian civic participation." Americans of Faith hopes to raise about $800,000 and will use the Internet, Christian radio, and music festivals, as well as churches and other venues, to try to reach its goal of registering 2 million new voters from the conservative Christian community in time for the November election.

Giving extra firepower to evangelicals, the group's board includes such well-known leaders as Tony Perkins, the president of the Family Research Council in Washington, and Frank Wright, the head of the National Religious Broadcasters.

According to a 2004 Talon News article, Americans of Faith’s Board of Directors includes, in addition to Sekulow and Perkins, the likes of Richard Land, Mike Farris, and David Barton. 

While Farris has endorsed Huckabee and Barton has been sharing the stage with him in recent weeks, Land and Perkins have been conspicuously cold toward his campaign - and considering that the organization’s founder is a key backer of Huckabee’s main rival, it is odd that Huckabee would be invited to address an Americans of Faith event, especially since the longer he stays in the race, the more damage he does to Romney.  

With the number of the Republican presidential hopefuls rapidly dwindling, the GOP primary looks to be coming down to a race between Mitt Romney and John McCain – and considering that many on the Right seem to hate McCain, it only stands to reason that Romney sees winning over those who cannot tolerate his main opponent as key to securing the nomination:

Romney advisers said they would try to attract more support from social conservatives and evangelicals who had flocked to Huckabee and Fred Thompson, who dropped out of the race last week.

"Conservatives have got to take a real hard look and realize this is what you have left: You have Mitt Romney and John McCain. And with two left, I think that helps us a lot," Jay Sekulow, a senior Romney adviser, said last night. [Sekulow is head of the Pat Robertson-founded American Center for Law and Justice.]

For months, Romney has been courting and stacking his campaign with a variety of right-wing activists and seems to have redoubled his efforts in recent weeks, leaving him poised to become the Religious Right’s candidate, if only by default – and Romney’s strategy heading forward seems to be to leave no right-wing activist uncourted:

The Reverend Rob Schenck (pronounced SHANK), president of the National Clergy Council and chairman of the committee on church and society for the Evangelical Church Alliance, will be in Florida today meeting with pastors in several cities to talk about candidates and primary voting.

Mr. Schenck, who does not endorse candidates, will end the day with the Mitt Romney campaign at its invitation.

While the Romney campaign had a problem with Mike Huckabee’s campaign’s attempts to use the issue of faith to polarize the electorate, they apparently have no problem with Schenck’s view that Barack Obama's Christianity is woefully deficient. Maybe they think they can win him over because he is already mad at McCain for scheduling a campaign event “smack in the middle of Sunday morning church hours.” 

For what it is worth, Ralph Reed has also been making the rounds with Romney recently, apparently having forgiven him for confusing him with Gary Bauer early last year.  

But the Romney campaign seems to recognize that this effort can’t really get going so long as Huckabee remains in the race:

Romney acknowledged that the continued presence of Mike Huckabee in the race is a problem for him and made the point that the former Arkansas governor is no longer a contender.

“I don’t know what kind of support Mike Huckabee will get going forward,” Romney said. “I think conservatives recognize that a vote for Mike Huckabee right now really means a vote for John McCain. So that may have them re-think that.”

Unfortunately for Romney, the Huckabee campaign doesn't look like it'll be dropping out between now and Super Tuesday , after which it just might be too late for Romney to fully implement this strategy … which is probably just fine with Huckabee, who clearly prefers McCain, and Huckabee’s supporters, who are busy starting up anti-Romney front groups.

"As a Christian minister, understanding fully as an evangelical Christian, this man has those values and belief systems that will absolutely give this nation the direction that it needs," said Traditional Values Coalition founder Lou Sheldon---but "this man" is Romney, not minister Huckabee. More effective: Jay Sekulow, ACU's David Keene, and Mark DeMoss conference-calling 20,000 households.

James Dobson has decided to publicly weigh in on the reports that various right-wing leaders are considering abandoning the Republican Party should Rudy Giuliani win the presidential nomination with an op-ed in the New York Times:

After two hours of deliberation, we voted on a resolution that can be summarized as follows: If neither of the two major political parties nominates an individual who pledges himself or herself to the sanctity of human life, we will join others in voting for a minor-party candidate. Those agreeing with the proposition were invited to stand. The result was almost unanimous.

Dobson goes on to explain that they are not willing to compromise their anti-choice, anti-gay principles in order to ensure electoral success for the Republican Party and that “winning the presidential election is vitally important, but not at the expense of what we hold most dear.”

But the main reason Dobson penned this op-ed was to dampen reports that the Right is in disarray leading into the 2008 election:

One other clarification is germane, even though unrelated to the meeting in Salt Lake City. The secular news media has been reporting in recent months that the conservative Christian movement is hopelessly fractured and internally antagonistic. The Los Angeles Times reported on Monday, for example, that supporters of traditional family values are rapidly “splintering.” That is not true. The near unanimity in Salt Lake City is evidence of much greater harmony than supposed. Admittedly, differences of opinion exist among us about our choices for president.

That divergence is entirely reasonable, now just over a year before the national election. It is hardly indicative of a “splintering” of old alliances. If the major political parties decide to abandon conservative principles, the cohesion of pro-family advocates will be all too apparent in 2008.

It is true that many - but not all - “supporters of traditional family values,” as Dobson refers to his right-wing allies, are of the same mind when it comes to opposition to a Giuliani nomination, but beyond that, they are all over the place. 

Like Rudy Giuliani, Mitt Romney has unveiled his own "Advisory Committee on the Constitution and the Courts" filled with Federalist Society members and right-wing judicial activists such as Jay Sekulow, Wendy Long, Douglas Kmiec, Bradford Berenson, and James Bopp.

The Chicago Tribune profiles Jay Sekulow and his work at Pat Robertson's Amercian Center for Law and Justice, highlighting its $35 million budget, staff of 130, and Sekulow's role in picking and supporting President Bush's judicial nominees. More importantly, it reports that the ACLJ is focusing its efforts on winning lower-profile but no less influential cases: "You really don't see the pro-life protests on the courthouse square or in front of the abortion clinic. Now it's more these kinds of cases. Nuanced. There's federal legislation involved in this. There's state legislation. There's state regulatory issues. It's Title VII. So it's much more nuanced."

Sameh Khouzam, an Egyptian national who has been accused, and convicted in absentia, of murder in his native country has been fighting efforts by the U.S. government to deport him, claiming that he will be tortured if he returns because he is a Coptic Christian who refuses to convert to Islam.  

Rallying to Khouzam’s side is Pat Robertson’s American Center for Law and Justice, as well as its European affiliate, The European Centre for Law and Justice:

As a Coptic Christian, Khouzam effectively has no rights in his native Egypt and quite frankly because of his religious beliefs is certain to be denied the most basic of human rights and protections. The U.S. government repeatedly has stated its opposition to torture and should do what's right -- keep Khouzam out of the hands of a government that is likely to do just that."

…

In its amicus brief, the ACLJ and ECLJ contend that Egypt's assurances that it won't torture Khouzam are simply not credible.

…

The brief also contends that the United Nations Convention Against Torture (CAT) should apply in this case. CAT states that "no State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture."

The brief asserts that "where the receiving country has a poor human rights track record, like Egypt does, diplomatic assurances should carry almost no weight."

Obviously, there is nothing wrong with the ACLJ/ECLJ’s effort to prevent Khouzam from being tortured – in fact, it is quite laudable.  What makes the ACLJ/ECLJ involvement in this case interesting is the fact that both organizations have close ties to Former Attorney General John Ashcroft – the very same man responsible for the “extraordinary rendition” of Canadian citizen Maher Arar to Syria, where he was reportedly tortured:

Thanks to its recognition by the the UN: "Last week, the Economic and Social Council of the United Nations unanimously granted special consultative status to the European Centre for Law and Justice (ECLJ). This special designation enhances our ability to shape the global debate on religious freedom and human rights and dignity. With the special consultative status, the ECLJ will now be in the unique position to file legal briefs and memorandums with UN governing bodies on a wide range of global issues. This designation is the next logical step in the development of our global outreach; and it will empower the ECLJ in the ongoing struggle to influence the world’s decision-makers to recognize the concept that freedom and liberty are universal, God-given and inalienable rights that must be protected."

The European Centre for Law and Justice, sister organization to the Pat Robertson-founded American Center for Law and Justice, has been granted special consultative status by U.N. Economic and Social Council: “This special designation enhances our ability to shape the global debate on religious freedom and human rights and dignity. With the special consultative status, the ECLJ will now be in the unique position to file legal briefs and memorandums with UN governing bodies on a wide range of global issues. This designation is the next logical step in the development of our global outreach and will empower the ECLJ in the ongoing struggle to influence the world’s decision-makers to recognize the concept that freedom and liberty are universal, God-given and inalienable rights that must be protected.”

Jay Sekulow decries that the "judicial confirmation process has been tainted by political obstructionists" and proclaims that he has "directed our Washington team to engage in the effort to get Judge Southwick the up-or-down vote on the floor of the Senate that he deserves."

The ACLJ and Regent University team up to teach 50 students from around the world to "defend religious liberty and human dignity."