CQ TODAY ONLINE NEWS
Aug. 14, 2008 – 4:02 p.m.
McCain Gets a Bye from FEC Lawyers
By Emily Cadei, CQ Staff
Attorneys for the Federal Election Commission (FEC) have recommended giving Republican presidential candidate John McCain a pass on his decision earlier this year to withdraw from the federal public financing program for his campaign for the GOP nomination.
In a memo released today, the FEC attorneys suggested that McCain was not legally bound to stay in the system — which pairs taxpayer funding with restrictive spending limits — rejecting Democratic allegations that campaign loans he had received before renouncing public money were based on his participation in the funding program. The FEC attorneys concluded that McCain did not “unquestionably pledge” to stick to public funding as collateral for his loans and, therefore, did not violate the law by later withdrawing from the program.
Under normal circumstances, the law requires a vote of approval from a majority of FEC commissioners before a candidate could withdraw from the program, as noted in the lawyers’ memo. But at the time McCain pulled out, at a crucial early juncture of the nominating campaign, the commission was operating with only two of six members, the result of a stalemate in the Senate over nominations of new members, which left it without the quorum needed for that requirement to be carried out.
The commission, which now has a full panel of members, will consider the attorneys’ recommendations at its meeting next Tuesday and are expected to put the matter, which has become a lingering political issue, to rest.
The FEC opened an inquiry into McCain’s withdrawal in response to a complaint and lawsuit filed by the Democratic National Committee. The Democrats pointed to the provision of campaign law that forbids a candidate from withdrawing from the public funding system if he or she has already received public money or “pledged public funds as security for private financing.”
Responding to the memo, DNC Director of Communications Karen Finney said, "The Commission owes the public and is required by law to conduct a full investigation. The Commission also must, as the FEC Office of General Counsel concluded, vote affirmatively to release McCain from the system."
As a practical matter, the agency’s long-delayed decision over the issue will have little bearing on the presidential race. This is primarily because McCain never received any government money and long ago exceeded the spending limitations that the public funding system requires of all primary campaign participants.
The primary stage of the presidential campaign will end anyway when the major parties officially nominate their candidates at national conventions to be held by the Democrats in Denver during the last full week of August and by the Republicans in St. Paul the first week of September.
While Democratic presidential candidate Barack Obama has made clear his intention to reject public financing this fall — which will make him the first major party presidential nomination to do so for a general election since the system went into effect in 1976 — McCain is taking a different tack than he did during the primaries. He has indicated that he intends to participate in the public funding system this fall.
If that decision holds, McCain will receive more than $84 million in taxpayer money to fund the rest of his campaign. In exchange, his personal campaign won’t be allowed to raise or spend private contributions through the November election.




Comments
Rather interesting the media can't wait to report allegations,even if they are false about McCain but yet continue to say absolutly nothing about the hundreds of thousands of illegal foreign donations coming to obama.He has run the most financially corrupt campaign in this nations history,it is easy to prove ,and the media totally ignores it.
If it's so easy to prove, prove it. And while you're at it look into McCain's bundling of illegal funds from foreigners by funneling them through US citizens. This was done knowingly and has, unlike your email rumors, already been proven. Unfortunately, the media is in the bag for McCain and fails to adequately report on his gaffes, inflammatory statements, and outright lies. Meanwhile they hold his opponent to a much higher standard and do so by failing to do their own research and employing McCain's talking points.
where do you get your information from? if it is so easy to prove, i would like to see it.
Russ, where do you get this stuff, and where have you been for the past 6 months, anything that may have Obama's name on it is in the press, believe me they try every day, you must of just started watching because this issue with Mccain has been going on for the past 2-3 months now.
WELL PROVE IT THEN !
The Wall Street Journal on 5 Aug 2008 reports that the Obama campaign has returned all foreign donations, which is what all political candidates must do in the U.S. by law. http://blogs.wsj.com/washwire/2008/08/05/obama-camp-routed-out-illegal-donations-from-palestinians/ No one can stop foreign people from trying to contribute through an online form or by mail. Such people may not even know they cannot legally contribute. What counts is whether the finds are accepted, and this case, they obviously have not. McCain, on the other hand, has found a way around this. He hires high powered lobbyists to advise his campaign who are concurrently on the payrolls of foreign governments. One can read about that at: http://voices.washingtonpost.com/dot.comments/2008/08/mccain_and_georgia.html
Foreign Donations Russ? What foreign donations? If they are legal citizens of the united states, they are allowed to donate. And what false allegations about McCain? How much are they paying you....or are you just ok with posting lies? Point out some facts for each allegation you posted. You stated the Media (scoff) supporting false claims about McCain? I mean seriously..............are you SERIOUS? Your trying to imply that the media is one-sided AGAINST McCain?
What a crock of (right wing) blog...
If it's so easy to prove why don't you list any proof Russ? Obviously you haven't donated a thin dime to McSame or you'd understand more about how closely the campaign donations are tracked.
it is easy to prove ,and the media totally ignores it And yet you post no links...no proof... no information to back up your claims. Yeah... you're definitely a McCain supporter, that's for sure.
McCain campaign is funded by Right wing crooks.
Russ, Ok- if it is so easy to prove why don't you do so? Links, sources etc...hundreds of thousands huh? Wow.... I do know that enlisted military members are giving to Obama 6 to 1 over Mccain- http://www.washingtonindependent.com/view/obama-out-raises3 So prove your post-or are you just a parrot of ignorance?
Polygamy thrives in Colorado City, Arizona (McCain's home state) where American families ares systematically stripped of their democratic rights, and John McCain hasn't lifted a finger to stop it. What qualifies McCain to be president when he can't even clean up the Taliban in his own backyard? Check out the recent documentary, "Banking on Heaven". http://www.bankingonheaven.com
Except it isn't easy to prove, because it's not happening. Funny how things work that way.
Free Pass? McCain was always well withn the law on this matter, but the left wing press had to manufacture a scandal where one did not exist. Will any news organization publish retractions of their biased and unfair stories regarding this? Not a chance.
Russ: If it's so easy to prove Obama's received illegal foreign donations then prove it. Where's your documentation? Links? Anything other than assumptions would be appreciated. If you want to speak about financially corrupt campaigns, and bravo to McCain for wiggling out of this illegal campaign finance move, why don't we focus on the newest investigation of McCain's bundlers taking in thousands of dollars from donors who admit they don't even back McCain's candidacy? Why don't we discuss the fact that McCain just had to give back $50,000 in donations from Jordanian donors? Who's got the illegal foreign donations you say?
Russ, Its interesting that you say that this report is an "allegation," and accuse Obama of accepting foreign contributions. For one, despite what these Bush administration officials say, McCain has, in fact, broken campaign finance law. He gained ballot access by opting into the public finance system at a time when his campaign could not afford to do so on its own. He then took the unprecedented step of "opting out" of the public finance system, though forbidden from doing so, at a time when his campaign was flush with cash and unable to abide by spending limits. In the process, he undoubtedly broke FEC regulations and controverted the campaign finance reform bill that bears his name! I would inform you about the multiple foreign donations he has taken from bundler Harry Sargeant, but I imagine that you have already researched the same. If you are looking for corruption, it ends with the Republican brand
Russ you are delusional. You need look no farther than John McCain and his lobbyist run campaign to see who is financially corrupt. If the media ignores anything, it is the fact that John McCain is NOT a foreign policy expert he just has everyone convinced he is.
Russ as usual you are wrong this was reported in two newspapers I visited this morning. One of them the first page and the the front page of HuffPo. McCain and you need to get your facts straight. You are also wrong about Obama accepting foreign money (all of it would be illegal of course). Could you cite where he "accepted foreign funds" Few seem to report that one of McCain lead foreign policy people (Randy Scheunemann) was a lobbiest for Georgia and his company still works for Georgia or that McCain recently needed to return $50 K of foreign funds from Mustafa Abu Naba ( A Jordanian national). See the above. I cited names and examples not just put rumors. People can do research and come to their own conclusions. :"in the 21st century nations don't invade other nations." John McCain August 13, 2008 Lets make the USA a civilized country vote someone else besides McCain.
Obama will do just fine with the small $5.00 to $100 donations that make up the majority of donations to his campaign. He has truly tapped into publicly funded campaign money and has run a clean, issue-oriented campaign. The current system has to be fixed to deal with the imbalance betwen 527 committee money and public campaign money. I also wish that the media would say something about McCain crashing FIVE aircraft in the service. Well two were officially his fault, so I guess he was just unlucky the other three times. I also hope the mainstream media talks more about the country of Georgia registered lobbyist he has on his campaign staff. I also hope the media talks about how he abandoned his first wife and his children for a rich heiress after he returned from Nam, because his first, loyal wife, had been disfigured. I hope that the media shows that McCain doesn't know the difference between Shiite and Sunni Muslims. I hope we have a clip of McCain saying, and he did say, "I don't know much about economics". That old man is about senile and has voted with Bush 95% of the time and he thinks we're winning in Iraq? What a doofus. He said we might be there for 100 years! Good night McCain. Good morning Obama! I will be thrilled when Obama is sworn in as the next president of the United States.
Russ, if your claim is easy to prove, please post the link. Otherwise, stop your propaganda. The real question that should be asked is: Would Senator Obama have been given a pass if the role is reversed? Answer: Absolutely not! These FEC lawyers would have doen everything to derail Obama's candidacy. We understand the double standards:UNEARNED PRIVILEGES!
Russ - really Proof - Wasn't it McCains campaign that actually has a top adviser buddling foreign cash. August 7, 2008 McCain campaign to return about $50,000 in donations http://politicalticker.blogs.cnn.com/2008/08/07/mccain-campaign-says-it-will-review-questionable-donations/. Typical RW Hack - Not one bit of truth in anything that is posted - with no first person checking - just silly projection crap. At least be educated before you spew crap.
Russ, the difference is that the allegations against McCain are true. He's getting away with it because of the vacancies on the FEC. Meanwhile, if there was any substance to your claim (or I should say, lie #4,876) about Obama, the Republican lawyers would already have sued all the way up to the (Republican) Supreme Court.
OK, russ, if it is easy to prove that Obama's campaign is corrupt and funded by foreign donations, then prove it or provide a link to someone who does prove it. Like this: http://boshtang.blogspot.com/2005/03/mccain-linked-to-corporate-donations.html
Proof? None. but IOKIYAAR, because that's SOP for team McSame - http://www.nytimes.com/2008/08/07/us/politics/07mccain.html http://www.washingtonpost.com/wp-dyn/content/article/2008/08/06/AR2008080602485.html
Russ, where did you get your information about foreign contributions to Obama? It is illegal for a foreign person or entity to contribute to an presidential candidate. If you have prove, please provide a lin - and Fox News is not an acceptable source.
And you know this for sure? Mr Russ or are you one of those ignorant voters?
russ I see that you are like the GOP you support; short on details long on immunendos; please let us know of these Obama illegal foreign donations, he did not have a fund raiser in Canda but your guy did. He did not have a fun raiser in Colombia but your guy took his gang of lobbyist to get funds there. Lastly the Russia / Gorgia dustup has plenty of McCain lobbyist involved which is why McCain is keen on sending some of his men there usurping the current President - the guy is going there after the $ just as he has gone everywhere for the $. How much do you make? If you do not own a corp - look out becuase he will soon be reaching into your pocket. Already killed of the jobs in Ohio and soon he will be in your state. Good luck with voting against your interest. Obama 2008
Russ. Can you show some support to your argument about Obama's illegal donations? Some links to this information you are claiming or is it just some talking point your are going off of?
Russ you spread lies almost as well as Rove and his cronies. Bring the proof and then tell us all that Obama is corrupt....you'll soon find that you yourself have been corrupted by believing in that Repulicans are actually looking out for the general well being of the public rather than their own!
Are you talking about the same Barack Obama that has rejected taking money from lobbyists, corporations and PAC's? If it is sooo easy to prove as you say please show us the evidence. Obama just celebrated their 2,000,000th donor the other day. How about your boy, McCain?
The media has given this guy a free pass from day one. Why hasn't the issue of McCain being raped in prison surfaced? Karl Rove had no problem bringing it up in 2000.
Russ, "The most financially corrupt campaign"? That is a remarkable statement, and if you could so easily prove it as you say, I urge you to come forward with your evidence. Otherwise earn your points from the McCain camp elsewhere.
OK Russ, prove your "the hundreds of thousands of illegal foreign donations coming to obama" since you say it is so easy to prove. The MSM continues to give old man Mccain a free pass on EVERYTHING. You stupid comment about the most financially corrupt camapaign in US history is a pathetic lie you un-informed bigot.
Russ, What is "the media"? And how is Obama corrupt? If you can prove this so easily, then by all means inform us, but the above article was purely factual. I'm not quite sure what the false allegations were. Comments sections suck!
The comment posted by "russ" is a typical unverified smear (Undoubtedly also unverifiable) that exepmlifies the downgrading of our electoral system. Smears and lies have been endemic since the birth of our nation, but thanks to the explosion in communications of the past fifty years are more pervasive and unanswerable than ever.
really russ? please lay out your argument right here. otherwise shut up with you false allegations.
What's the proof?
Russ, I suppose you are the expert on campaign funding!!!! You are an IDIOT! Get some front teeth and quit watching FOX and friends!!
HAHAHA >> RUSS, We Suggest You Get Rid Of The "RUST" off your Chicken Brains and get REAL!! We are Republicans in Florida and we are part of that 2 MILLION people that Donate $10, $15 or $100 dollars consistently to the Obama Campaign!! UNLIKE "FLIPPER" JOHN, Every Thing Obama Does Is UNFAIRLY Scrutinized By the Press GOOD or BAD!! RECENT STUDIES CLEARLY SHOW THAT THE MEDIA IS 75% HARDER On OBAMA verses John McBush!!! WE WILL VOTE FOR OBAMA Because His Campaign Is NOT BAUGHT and PAID FOR BY Lobbysts or "BIG OIL" Like FLIPPER JOHN!!! The REAL McCain: Big Oil Fuels the Straight Talk Express!! http://bravenewfilms.org/blog/42047-the-real-mccain-big-oil-fuels-the-straight-talk-express
Really Russ if its so easy to prove, I want you to tell the rest of the world where you got your information.
Russ, you forgot to take your meds again? You've given us the conclusion, now give us the facts. "what illegal foregin donations"? What are the facts that support your contention that Obama has ran "the most financially corrupt campaign in this nation's hsitory?" Since it's "easy to prove" why don't you give us the details? You and the rest of the your bitter GOP hacks are entitled to your dumbfounded conclusions, but you are no longer entitled to your own facts.
I am not at all surprised.
I know just what you mean! John McCain is pure as the driven snow, has never done anything that could be considered inappropriate or illegal ( except for the Keating 5 thing or breaking his own finace rules) and just becaus his campaign is staffed completely by special interest lobbyists who he is not paying one dime to for all their efforts, well that's not his fault, he's a "Maverick". Having financial ties to Abramof, Reed, Norquist, Freedom watch, abandoning his wife for a rich sugar momma and flip flopping on any subject depending on what the news of the day might be, shows he has more integrity and leadership skills than anyone. Being on the govt payroll his entire life, he knows about being a welfare whore. He still pulls 190k p/year and yet some how has managed to miss well over 50% of the senate votes. We all know that Mavericks don't vote! They're Mavricks! He's got what it takes simply because he's a "Maverick", the fact that he's older than penicillin, been on the govt dole his whole life, he knows all the cool kid republican insiders and he buys great barbeque for his beltway media base. That is Maverickyness in action pure and simple you peasants! Why have someone who can actually think and solve problems when we can have another Ronny Raygun, with an old and demented alzheimer ridden brain, asleep at the wheel while his minions destroy all that they can for fun and profit?. Yeah, what a hero. He's dumber than bush ( hard to do!), older than dirt, and has the moral fortitude of Pol Pot What a Maverick!
"hundreds of thousands of illegal foreign donations coming to obama.He has run the most financially corrupt campaign in this nations history" Some facts to back up your allegations would be most welcome
Right, russ, like the McCain compaign's batching of donations that exceed the personal limit, and Bush's second-term election registration of dead voters in OH and FL aren't financially corrupt.
Russ, the allegations were true, and according to the article, the laws were broken by McCain. The only reason they let him off, was due to a technicality. (The commission staff was only 2 instead of the required 6 at the time of McCain's actions.) However, this is no surprise, and the decision was as I predicted, since there was obviouse stalling in play, by the Bush adminsitration in appointing the 4 commissioners needed for an FEC quarum.
I am very concerned about you not covering items that do impact our contry. For example, give McCain's type of cancer he has a high change of not living 4 more years. In 2000 after the race with Bush, he had to have a 5 hour surgery to get all the cancer out. Also, a canidate not paying there taxes. The people of america need to know things that are critical for our future. It is simply amazing that this is not on the front page!!!!!!!
Prove it, Russ.
Obama has run the most financially corrupt campaign in history, it's easy to prove, and no one on the other side says boo? If that's so, why are Republicans protecting him instead of hounding him about it?
Senator McCain played a major role in getting campaign laws enacted (McCain--Feingold anyone?). The Republicans are attempting to make this election about character--about as different as the news that the earth revolves around the sun.What does it say about Senator McCain's character if he won't play by his own rules?
Russ, It's easy to prove? Prove it or shut up. TU
Nonsense. This contravenes the clear intent of the statute, which is to encourage public funding of elections. Under the interpretation of the FEC, the fund exists only to provide collateral for the debts of the losing campaigns. Losers use public money to pay off their debts, and the winner moves on to the lucrative world of private funding.
Please list some so we can be educated on these illegal foriegn donations if they are easy to prove. Thanks!
Russ, If it's "Easy to prove" that Obama has run a corrupt campaign, why not post so much as a single link for evidence? The burden of proof is on you, my friend. It's ironic that you would accuse the media of rushing to make false allegations while that is precisely what you just did.
The above post is typical of the McCain/Corsi smear strategy: Make an outrageous claim smearing Obama with no evidence to suggest it is true and hope some "low information voters (read, "uniformed voters") buy it. If you have specific evidence of illegal foreign contributions to Obama's campaign, then post it or stop making claims you cannot validate with evidence. This is propaganda worthy of Goebbels, who wrote: "If you repeat a lie often enough, it becomes the truth."
And your evidence is what, Russ?
Dear Russ, You are living proof that there are two kinds of Republicans. Millionaires and suckers
What false allegations? Did Grampy McSame apply for public financing? Check. Did he secure a loan using that potential financing as collateral? Check. Is it illegal to back out of the public financing under those conditions without the ok of the FEC? Checkmate. If your baseless allegations about Obama are so easy to prove, then prove it, or admit you're a lying sack-o-shite.
Please do not choose another dunce and nincompoop to run America. You are saying that Obama is an empty suit, but listening to this man he is smart, intelligent and is slow to anger and he understands world affairs, unlike McCain. Choosing McCain will cause your country to be plunged. In wars and rumors of war. He likes to speak, with his hot temper, without analyzing situation. You must understand what happens to your economy affects other countries. The world over is against the election of McCain and laughing at his dumbness. Please do not elect another bush.
If this article had been written by a real journalist, the title would have been, "FEC Lawyers Advise That DNC Lawsuit Against McCain Has No Merit."
Try the Federal Elections Commission. All of you smart Obama people picking on one McCain supporter don't know where presidential candidates have to report their financial contributions? Think you will be able to cast your ballots so that they will count? Darn.
Now Cindy can spend millions and not get caught, as well as the most corrupt in the GOP. I suggest you read this story, before giving a dime to a Republican party...http://www.dailykos.com/story/2008/8/15/133844/617/54/568451
Sen. McCain is still the candidate that was joking singing "Bomb Bomb Bomb, Bomb Bomb Iran" If we elect this has-been, we deserve what will soon follow. Russia already knows we have spent our last cent on achiving "what!?." Russia no longer even considers us or NATO a threat. Thank you Republicans! You have squandered our good name for your own personal wealth!
McCain; Will be elected POTUS, and here is why. Because Americans, are starting to see Obama, for the flip-flopping racist that he is. And If AA'sthink this man is going to do anything special, you better wake-up. He no more cares for Blacks then he does Whites. At least if Sen. McCain doesn't understand something he is man enough to admit it. Unlike Obama who has lied about campaign funding the Fisa bill, if Iran is a big threat oh! wait a minute maybe it's just a little one. And how can you possibly vote for someone who doesn't even know how many states we have. Mc Cain, is the only one who would know how to deal with our enemies, unlike Obama, who just doesn't get it.
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