FEC Rules Don't Apply If You're A "Maverick"
by Adam B
Thu Aug 21, 2008 at 02:34:37 PM PDT
Six months ago today, a quorum-less Federal Election Commission told John McCain that he couldn't just opt out of the public financing system for the primaries based on his say-so; he needed the vote of four Commissioners, just as he needed four of them to certify his eligibility to opt in.
[The Republican Chairman of the FEC who lodged this objection, David Mason, found himself fired soon thereafter -- his re-nomination, twice submitted by the President, was abruptly withdrawn.]
You may also recall this whole messy situation led to complaints being filed by the DNC and by a FDL-led coalition of bloggers, as McCain had pledged to use the availability of matching funds as collateral for a private loan to keep his campaign afloat.
Reconstituted and thankfully Hans-free, the FEC nonetheless voted unanimously today to free McCain from his previous pledge to abide by the primary spending limits, even though he never asked for their permission. But IOKIYA"M":
Had the commission rejected McCain's withdrawal from the system, any money he spent this year in excess of those spending limits would have been in violation of the law and could have been subject to a fine. Such a violation would have been an embarrassment for McCain, because he has been a strong advocate of campaign spending controls.
The commission, however, did not specifically vote on an underlying question raised by the panel's chairman and Democrats: whether McCain used the promise of public funds to secure a loan to his campaign late last year....
A majority of commissioners appeared to agree that McCain's lawyers had carefully structured the loan to avoid using the public funds as collateral. But two commission Democrats voiced reservations.
Commissioner Cynthia Bauerly called the loan agreement "murky." And Commissioner Ellen Weintraub added: "I have a lot of problems with the way this loan was written," she said. Both voted to let McCain withdraw.
Not specifically, but in effect they did -- because the only way McCain would merit release from his pledge is they determined that he never encumbered the matching funds as collateral for private loans. In other words, based on its staff's recommendation (PDF), the FEC essentially pre-judged the DNC/FDL complaints without a full investigation of the merits as required by law, a move the DNC had strenuously opposed.
Obama for America general counsel Bob Bauer:
This was a mess from the beginning, and it remains a mess, made messier by the FEC's choice to slap together a vote on an action, by McCain, that it can no long affect. And in making this choice, the FEC complicates the prospects for the one step possible, which is to have a full and complete investigation and review of the McCain campaign's conduct and to enforce the law, as it would be enforced in all other circumstances, if violations are found to have occurred.
The uselessness of the vote that agency will take Thursday will be useful only to McCain; it might seemingly validate his withdrawal in disregard of the enforcement process, and with the effect of relieving the McCain campaign and the candidate of all the responsibility for violations of the law
And just to put the cherry on top of John McCain's complete abandonment of his "reformer" credentials: he has decided not to release the names of his big-ticket donors to his "joint victory fund" until October 15, while the DNC is making its equivalent filing today. What does he not want us to know?




