In the News
NPR’s On Point: Money In Politics: The Gyrocopter’s Complaint
We’ll take up the gyrocopter pilot’s complaint. Big money politics in America, on the road to 2016. And what to do about it.
The Hill: ’Fugees from the war on political speech
By Eric WangAccording to the complaint, the contributions by SPM Holdings violated a provision in the federal campaign finance laws prohibiting making “contributions in the name of another,” and should have been publicly attributed on FEC reports as having come from Pras. Lacking any specific information about the company’s corporate structure, the complaint nonetheless asserts that FEC regulations promulgated long before the advent of super PACs (and which arguably do not apply in this context) require contributions from single-member LLCs and LLCs taxed as partnerships to be attributed to the individual members or partners.It is not sufficient for campaign finance “reformers,” however, for super PACs merely to identify the particular individuals associated with their corporate contributors on FEC reports. In a complaint filed with the Federal Communications Commission last year, the Campaign Legal Center, Common Cause, and the Sunlight Foundation also demanded that the FCC require the NextGen Climate Action super PAC to state in its television ad disclaimers that the ads were actually sponsored by Tom Steyer, the super PAC’s primary benefactor.The question is, does anyone outside of the campaign finance “reform” bubble actually care? Music artists sometimes go by their birth names. Other times, they use a stage name such as “Pras,” based on their real name (Praskazrel Michel). Some artists, such as the “Notorious B.I.G.” or “50 Cent,” go by names that are completely disassociated from their actual names. To the public, what artists choose to call themselves generally is irrelevant; what matters is the quality of their work. Why, then, should we put such disproportionate emphasis on a speaker’s identity when it comes to political speech?
Washington Post: Big money in politics emerges as a rising issue in 2016 campaign
By Matea GoldConservatives who favor less regulation of political money scoffed at the notion that distaste for the growing role of wealthy donors will galvanize voters.“That most Americans think money in politics is corrupting is nothing new,” said Bradley Smith, founder of the Center for Competitive Politics, which supports loosening campaign finance restrictions. “But when the rubber hits the road, most people say, ‘I don’t think my contribution should be disclosed. I don’t think my group should be hassled.’ ”“There remains a major public disposition to not like money in politics, but a real small group of people for which this is a dominant issue,” Smith added.
Amending the First Amendment
Breitbart: Leftist Still Shouting ‘Fire!’ Over Citizens United Ruling
By David BossieThe case, which has been settled law for more than five years, continues to inspire visceral reactions from leftists. Just this week Hillary Clinton tried to rally her base by arguing, “We need to fix our dysfunctional political system and get unaccountable money out of it once and for all, even if that takes a constitutional amendment.” It’s the same tired tactic that Barack Obama used in 2010 to rally liberals and Harry Reid resurrected in 2014 to mobilize voters. And with all the shady foreign money that flowed into the Democrat National Committee and Clinton-Gore re-election campaign in 1996, Hillary Clinton is not exactly a credible voice for good government campaign finance reform measures.Senator Bernie Sanders alleges that “if we don’t overturn Citizens United, Congress will become paid employees of the billionaire class.” Politicians tend to resort to over-the-top rhetoric when they’re not able to back up their position with facts.It’s worth noting that while liberal politicians have taken to the media to express their dislike of Citizens United, this war on the First Amendment is not always being waged in the open. Hollywood liberals have joined to fight against free speech and have gone so far as to develop a television series, American Odyssey, that’s meant to serve as an indictment of the ruling, all while disguising it as a slick Hollywood drama. The show’s creator, Nora Kay Foster, has offered some of the most inflammatory rhetoric: “Corporations are more powerful now than a nation-state, and people are really onto the fact that our democracy has been hijacked by corporate interests, and our votes are not really counting anymore.”
Independent Groups
Wall Street Journal: The South Carolina Way of Incumbency Protection: State Republicans are angering conservative groups by pursuing clampdowns on political speech.
By Ashley LandessRegulations that go further have been tossed by courts, including ones in South Carolina. In 2010 a federal court here, at the behest of a pro-life group seeking to distribute a voter guide, ruled that a section of the Palmetto State’s campaign laws was unconstitutionally broad.Yet now lawmakers are proposing a new definition of “electioneering communication” that would include virtually any statement referencing a candidate for office made within 60 days of a general election or within 30 days of a primary. The language is broad enough to cover, conceivably, the monthly newsletters of think tanks or other watchdogs.The bill appears to make exceptions, but they are vague and thus open to interpretation. For example, a flyer stating two county council candidates’ positions on the issues would be deemed electioneering if it “may be received” by 2,500 households. But who’s to say in how many something like this “may be received”? Under this language regulators would have the power to force watchdog groups to open their records to prove they’re not electioneering.
Gyrocopters & Campaign Finance
AP: Gyrocopter pilot frustrated message isn’t getting through
By Joshua Replogle
RUSKIN, Fla. (AP) — The letter carrier who caused a full-scale security review in Washington when he violated national airspace by landing his gyrocopter on Capitol Hill expressed frustration Sunday that his message wasn’t getting through.Doug Hughes had hoped to raise awareness about the influence of big money in politics by deliberately breaking the law to deliver 535 letters, one for each member of Congress. Instead, the overwhelming focus of news coverage has been about the gaps he exposed in national security.“We’ve got bigger problems in this country than worrying about whether the security around DC is ironclad,” Hughes told The Associated Press. “We need to be worried about the piles of money that are going into Congress.”
Corporate Governance
Roll Call: Wham! Bam! Comic Book Ads Target SEC Chairwoman
By Ben WeylAn SEC spokesman declined to comment on the issue or the ad campaign, but White has previously signaled skepticism. She said in a 2013 speech that the SEC’s mandatory disclosure powers should be used to inform investors, not make social policy.That’s how it should remain, according to the U.S. Chamber, which is not impressed with the comic book ads.“The SEC has made it clear that a campaign finance proposal is not on their agenda, and this is a desperate attempt to pressure the commission to change its mind,” says Chamber spokeswoman Blair Latoff Holmes. “We hope the SEC will continue to see that this issue is not, has never been, and should never be a function of the SEC.”
Candidates, Politicians, Campaigns, and Parties
Wall Street Journal: Our Endless Presidential Campaigns
By Michael BaroneWhy are American presidential campaigns so lengthy? And is there anything that can be done to compress them to a bearable timetable?One clue to the answers: The presidential nominating process, the weakest part of our political system, is also the one part that was not envisioned by the Founding Fathers. The framers of the Constitution created a powerful presidency, confident (justifiably, as it turned out) that its first incumbent, George Washington, would set precedents that would guide the republic for years to come.But they did not foresee that even in Washington’s presidency, Americans would develop political parties, which they abhorred. The Founders expected that later presidents would be chosen, usually by the House of Representatives, from local notables promoted by different states in the Electoral College. They did not expect that the Federalist and Republican parties would coalesce around two national leaders—Washington’s vice president, John Adams, and Washington’s first secretary of state, Thomas Jefferson—in the close elections of 1796 and 1800.
Washington Post: Mike Huckabee says he’ll announce his presidential plans May 5
By Philip RuckerFormer Arkansas Gov. Mike Huckabee told Fox News Friday he would officially announce his presidential campaign plans May 5 in his — and former President Bill Clinton’s — hometown of Hope, Ark.Speaking with reporters in Washington earlier in the day, Huckabee insisted he had not made a decision yet about running, although he said that “things are progressing along” in his preparations. He sounded like an all-but-declared candidate, saying a super PAC has been formed to support his likely candidacy and touting his supporter network in Iowa, home to the nation’s first presidential caucuses, which Huckabee won in 2008.Huckabee highlighted what he called a unique ability to beat “the Clinton political machine,” pointing to his electoral success as Arkansas governor, a job he held between 1996 and 2007.
Washington Post: State Sen. Jamie Raskin announces run for Van Hollen seat
By Bill TurqueState Sen. Jamie B. Raskin (D-Montgomery) formally announced his candidacy Sunday for the Maryland 8th Congressional District seat being vacated by Rep. Chris Van Hollen (D).Raskin, 52, who represents Takoma Park and Silver Spring in the state Senate, is the second Democrat to officially enter what is expected to be a closely contested race. Del. Kumar P. Barve (D-Montgomery) announced his candidacy last month.Van Hollen is running to succeed the retiring Sen. Barbara A. Mikulski (D).
NY Times: Clinton Team to Hit the Road in Search of New Donors
By Maggie HabermanHillary Rodham Clinton’s finance team will go on a fund-raising road trip next week, holding a series of meetings with hundreds of small donors on the East Coast as a way to engage supporters ahead of larger planned events aimed at those who are expected to bundle donations and collect a larger number of checks.The meetings — in Washington, Virginia, Maryland and New York — reflect the desire of the Clinton campaign to be inclusive and have a slow ramp-up, without major fund-raisers scheduled until May.The campaign finance infrastructure is currently flat and without many designations, with people being asked to find just 10 donors to give checks of $2,700 apiece to earn a status as “Hillstarters,” in an effort to show inclusiveness.
Senator Menendez
Washington Post: Developer jailed for kickbacks among Menendez contributors
By Josh CornfieldTRENTON, N.J. — Sen. Bob Menendez’s legal defense fund raised nearly $1.3 million up until the day before he was indicted on bribery and corruption charges, including $10,000 from a retired New Jersey developer who served two years in prison for making illegal kickbacks.Menendez’s fund also received $10,000 from the wife of the developer, Joseph Barry, and another $130,000 from executives of the development firm founded by Barry’s two sons, and their families, according to a review by The Associated Press of financial disclosure forms filed with the IRS and Senate.The fund had paid for about $850,000 in legal expenses through March 31, the day before Menendez was indicted on 14 counts accusing him of using his influence to help a Florida eye doctor in exchange for lavish vacations and campaign donations. He has pleaded not guilty and has vowed to fight the charges.
FEC
Pillar of Law Institute: Killing Speech Softly: Campaign Legal Calls for Another Investigation
By Stephen KleinIt’s been a busy few weeks for the Campaign Legal Center, flooding the Federal Election Commission (FEC) with complaints about potential presidential candidates and, this week, rapper Pras Michel, formerly of the iconic hip hop group the Fugees. Notably, Campaign Legal not only filed a complaint with the FEC for a civil investigation, but looped in the Department of Justice as well, asking for a criminal investigation. The effort brings to mind one of the Fugees’ hits, “Killing Me Softly.” Unlike the hit song, Campaign Legal’s effort will probably go largely unheard, but is nevertheless is another soft blow to political engagement, or free speech.
State and Local
New Hampshire –– Concord Monitor: Campaign finance reform received cool welcome at GOP summit
By Nick ReidThe reasoning behind the revocation, McLean said, was that the state GOP confused the N.H. Rebellion, founded by Harvard professor Lawrence Lessig, with another of Lessig’s projects. That effort, called Mayday PAC, opposed Republican candidate for U.S. Senate Scott Brown in the most recent election in favor of a primary challenger friendly to the campaign finance reform movement, namely former state senator Jim Rubens.McLean said N.H. Rebellion organizer Xanni Brown, who received the phone call, argued that the rebellion is a separate and unaffiliated entity, “but they said to us the decision had already been made. I found out Wednesday morning and we said to ourselves, ‘That’s not right,’ ” McLean said.
