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Dan Morain: An operative comes out of the shadows

 

Published: Sunday, Jan. 17, 2010 - 12:00 AM PST

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For the better part of three decades, Fred Karger practiced the dark arts of public affairs consultancy, often on the side of corporations and conservative movements.

That makes him an unlikely warrior in the struggle for gay marriage and an especially improbable champion of full disclosure in politics.

But Karger has planted himself at the center of both fights. He has organized boycotts of major donors to Proposition 8 and challenged the Church of Jesus Christ of Latter-day Saints, and as a result finds himself enmeshed in a federal lawsuit in Sacramento over political disclosure.

California's capital is filled with operatives who've morphed in unexpected ways, but Karger's saga is the stuff of a Hollywood script. When I first met him in 1986, I never would have suspected he was gay. Few outside his private circle had a clue.

Fewer still would expect him to be a passionate supporter of same-sex marriage. He likes to quip that he is glad he never wed, figuring he would have been divorced twice by now and writing fat alimony checks. But after tossing out that joke, Karger, always quick witted, turns serious.

"I went through hell growing up," he says. The right to marry, he hopes, might help kids by sending them the message that they would have the same basic rights as others.

"It's our civil rights bill," Karger says.

Karger is no angel. His political past and present is not black and white. Often, he was the color of a chameleon. But now he is leading with his heart, employing the skills he gained as a Republican and corporate operative to seriously mess with foes of same-sex marriage.

Karger has worked for Govs. George Deukmejian and Ronald Reagan, Lt. Gov. Mike Curb. We met in 1986 when I covered the California Supreme Court. The Los Angeles-based consulting firm where Karger worked, the Dolphin Group, was leading the effort to dump three liberal justices, including Chief Justice Rose Elizabeth Bird, who regularly voted to reverse death sentences.

Karger's role was to organize grieving mothers and fathers of children murdered by death-row inmates. In the process, he created the most powerful voice in the campaign that brought down the justices, and established a Republican majority that holds to this day.

Two years later, in 1988, Dolphin and Karger gathered victims of Willie Horton, the murderer who committed a rape while on a furlough from a Massachusetts prison during Michael Dukakis' tenure as governor. Karger used the Horton story to help to thwart Dukakis' presidential bid and elect George H.W. Bush.

All through the 1990s, Karger was one of the main, albeit unseen, operatives in California for Philip Morris, U.S.A. Like a character out of "Thank You for Smoking," the satirical book and movie about a tobacco industry shill, Karger to this day calls the world's largest cigarette maker a great and generous client. It helped pay for his Laguna Beach home with its ocean view.

Karger became expert at shaping "coalitions" and "grassroots movements." Astroturf, it's called.

He would caution people who worked for and with him: Don't make mistakes that would permit the public to get a peek at the true client.

During the 27 years he worked for Dolphin, Karger lived by that credo. Karger felt he could step fully out of the closet only after he retired in 2004.

Lee Stitzenberger, Karger's partner at Dolphin Group and friend, said for years they simply did not discuss the fact that Karger was gay. Certainly, he didn't tell clients.

"His biggest encumbrance was hiding sexual orientation," Stitzenberger said. "I'm sure it was difficult, the cracks people would make, the crude remarks."

Then came Proposition 8, the 2008 initiative that defines marriage as being between a man and woman.

Karger stepped into the fight and did what he knows best. He created an organization, Californians Against Hate. The name belies its size. It was Karger and a few friends. Using the Internet and his knowledge of media and his organizing ability, Karger fanned boycotts of the six- and seven-figure donors to Yes-on-8, including a San Diego convention hotel and a Central Valley health food producer.

He has aimed much of his effort at the Mormon church, filing a complaint with the Fair Political Practices Commission alleging that the church hid donations to the Yes-on-8 campaign. The investigation is active.

He alleges that the Church of Jesus Christ of Latter-day Saints has driven opposition to same-sex marriage, and he has amassed internal documents showing the church's behind-the-scenes involvement dating to the late 1990s.

The church dismisses Karger's charges.

Karger believes he knows Astroturf when he sees it.

"I am not going after religion," he said. "I want to get the players to be truthful about their involvement."

Karger's exploits have been noticed in high places. The U.S. Supreme Court last week barred broadcasts of the San Francisco trial over Proposition 8's constitutionality, citing the chance that witnesses testifying against same-sex marriage might be harassed. While not naming Karger, the high court pointed to "boycotts" aimed at traditional marriage supporters.

Karger's efforts are directly relevant to the Proposition 8 lawsuit pending before U.S. District Judge Morrison C. England Jr. in Sacramento.

Attorney James Bopp, based in Terre Haute, Ind., brought the suit on behalf of backers of traditional marriage and their campaign organization, National Organization for Marriage.

Bopp, working for conservatives, attacks campaign finance restrictions in courts across the nation. The U.S. Supreme Court is expected to rule this month on a case he generated challenging a century-old prohibition on direct corporate spending on federal campaigns.

In the Sacramento case, Bopp is challenging California's law requiring public disclosure of the identities of donors who give to initiative campaigns. Such disclosure chills a donor's First Amendment right to contribute because of fears of harassment, he contends.

Bopp has pulled Karger into the case, seeking to compel him to turn over internal strategy memos and testify about his efforts. Karger refuses, and has hired former federal prosecutor Matt Jacobs of Sacramento to fend off the subpoena, successfully so far.

England has rejected Bopp's preliminary request that donors be allowed to give anonymously, though the case is still alive. Just as proponents of Proposition 8 have the right to express themselves by donating, "so are opponents free to express their disagreement through proper legal means," England wrote.

England justified requiring public disclosure of donations by citing several deceptive ballot measures in which exposure of the donors' identities helped illuminate the promoters' motivation for voters.

One was Proposition 188 of 1994, an initiative that would have overturned California's landmark legislation banning smoking in restaurants and public buildings.

It led in early polls, probably because its consultants claimed it would restrict smoking in certain public buildings. Its goal, in fact, was the opposite. Support withered after news reporters, myself included, documented that Philip Morris was the main funder.

As for the consultant on the campaign – well, it was Karger's Dolphin Group. That was then, back when Karger was practicing the dark arts, unseen. He has stepped out of the shadows, now that his politics are a matter of the heart.



 

 

 

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