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FEC Draft Opinion Sides With McCain On Loan Question
Odds are looking good Sen. John McCain will get a favorable ruling next week regarding his request to withdraw from the public campaign financing program.
Democrats complained when McCain sought to opt out of the program -- and its spending limits -- even after he took out a loan that hinged on his participation. A final decision comes next week.
Roll Call reports:
In the recently rebooted agency's first major test, the FEC distributed a draft opinion Thursday siding with McCain, whose fate the commission's three Democrats and three Republicans must still decide at the public meeting next week.The agency's legal department concluded that McCain did not break the law by taking the loan -- and then exceeding contribution limits -- despite warnings to the contrary from since-ousted FEC chairman David Mason, who had a tense back-and-forth with the campaign in early 2008.
"We believe that the matching payment act does permit candidates to withdraw after they have been declared eligible," the FEC's lawyers concluded in their new draft guidance. "Although no eligible candidate may exceed the expenditure limits, the statues simply do not say whether the commission has discretion to reverse its eligibility determination and decertify a candidate."





I guess no surprise there...Is he buying the elections?
August 14, 2008 3:46 PM | Reply | Permalink
IOKIYAR, n'est pas?
-- ARG
August 14, 2008 3:52 PM | Reply | Permalink
So McBushSame has bought the media, the FEC, Georgia...What else McBushSame can buy?
August 14, 2008 4:00 PM | Reply | Permalink
Nothing to see here, move along!
August 14, 2008 4:44 PM | Reply | Permalink
Lets see... the legal staff appointed by a Republican administration has leaked a draft decision that the Republican candidate has done nothing wrong, before the commission has weighted in on the matter? There's a term called 'getting out in front of your boss'.
Who wants to put down money (Dollars to Euros, please) there's a tie vote along party lines in the FEC when that piece of garbage is actually heard in public?
Did you notice the advice simply states that even if McCain broke the law, the FEC has no legal standing (discretion, WTF?) to 'decertify' him as a candidate, so why bother? Fine, good, throw the book at the SOB, uh, Presidential candidate, and let him continue to run his campaign with that albatross around his neck (no offense to albatross).
August 14, 2008 4:46 PM | Reply | Permalink
What a farce -- the rules are binding, unless you decide you don't want to obey them. Kinda vindicates Obama's decision to junk the whole sorry mess.
August 14, 2008 5:31 PM | Reply | Permalink
The quoted section would make a good legal brief for McCain, but it is really lousy for a draft from a supposedly impartial arbiter. If McCain had simply declared his intention to withdraw after initial qualification, relatively few people would be complaining. And the fact that nothing in the law prevented the commission from decertifying a candidate would be relevant (as would be the fact that the commission did not decertify McCain, because McCain and his cronies were actively preventing it from meeting with a quorum).
But that's not what happened. McCain pledged his eligibility for matching funds as collateral for a loan. Either that eligibility was a thing of value that came to McCain from the FEC, in which case McCain was bound by FEC rules for the duration of the primary season, or else the bank that made the loan gave McCain an enormous (and illegal) corporate contribution by approving a loan with non-existent collateral.
So the fact that the FEC might be legally allowed to decertify a candidate who hasn't used the matching funds allocated by the FEC really doesn't come into play here.
August 15, 2008 9:16 AM | Reply | Permalink