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Dems Push for FEC Probe of McCain
The Democratic National Committee filed a complaint (pdf) today with the FEC concerning Sen. John McCain's (R-AZ) campaign financing problem. So where do things stand then? Keep in mind this is an unprecedented situation, so it's not really clear where things will go next.
The main problem remains: FEC Chairman David Mason says that "a candidate enters into a binding contract with the Commission” when that candidate opts in to the public financing system, so McCain will just have to wait until the FEC is up and running again to be formally released (remember that a logjam in the Senate over four nominees for the FEC has tied its hands). To which McCain and his lawyers say phooey: It's a candidate's "constitutional right" to opt out.
Very soon, the McCain campaign, already spending its way past $50 million, will be in violation of the public campaign financing system's $54 million spending limit for the primary (that cap lasts through the party's convention). Barring a miracle in the Senate, the FEC will remain unable to act officially with only two commissioners.
The DNC's complaint adds another variable to the mix. After receiving the complaint and giving two weeks for a response from McCain's campaign, FEC staff will ultimately give a recommendation to the commissioners whether to initiate a formal investigation. But ... since the FEC doesn't have a quorum, i.e. the four commissioners needed to act, the FEC could not approve an investigation.
From there, things could find their way into court. “The DNC may simply be setting the stage for a federal lawsuit to make John McCain obey campaign finance laws,” observed David Donnelly of Campaign Money Watch.
The McCain camp has said that they will respond to Mason's letter from last week. They'll do their best to explain why the campaign's very clever bank loan did not lock McCain into the system by using promised federal matching funds as collateral. But even if Mason were to conclude that McCain should be able to opt out (a big "if"), he's made clear that McCain cannot opt out without the FEC's say-so. So things seem likely to continue to get more and more interesting regardless of what happens.
After McCain's blustery exhaust re: NYT's article and now the FEC letter, seems its well past time to rename the bus. I nominate "The Blunt Lie Express."
February 25, 2008 1:35 PM | Reply | Permalink
Assuming the FEC regains a quorum and finds McCain in violation, what recourse do they have? Would McCain just pay a fine with his now ample funds and go on with life, or is there actually a meaningful penalty?
February 25, 2008 2:03 PM | Reply | Permalink
If the FEC gets a quorum it'll just be two bush cronies so the rules will not matter. John will be allowed to raise whatever he wants how he wants. By the way, is this the same jmac who was giving Obama "down the road" for not going with public financing? Pure gall? Me thinks so.
February 25, 2008 2:34 PM | Reply | Permalink
The Manchurian Candidate has been given his orders--obey!
February 25, 2008 2:45 PM | Reply | Permalink
guess mccain's attack on Obama about public financing is a dead issue now
how many toes does mccain have ???
February 25, 2008 4:07 PM | Reply | Permalink
McCain saying it's his constitutional right to opt out of the federal financing system may be the perfect pre-Presidential version of a presidential signing statement - i.e., 'the law doesn't apply to me."
February 25, 2008 4:54 PM | Reply | Permalink
Wouldn't it be ironic if the Dems released their hold on the FEC nominees and agreed to let them come to a vote and the GOP had to put a hold on them to protect their boy Johnny? Such sweet irony.
Actually, I think Obama is the Senator who has the hold so it would be double ironic if he released it.
February 25, 2008 5:51 PM | Reply | Permalink
Someone mentioned the penalty the other day for violating public campaign financing laws: fines and up to a 5 year jail sentence.
But it appears it's all okay to McCain because he no longer believes that the Constitution allows the government to restrict his campaign funding. What fickle fools these Republicans be!
February 25, 2008 10:59 PM | Reply | Permalink