Posted on 03/31/2006 1:11:01 PM PST by neverdem
U.S. District Judge Emmet G. Sullivan has rejected requests by the Bush-Cheney campaign and by two advocates of campaign finance legislation to order the Federal Election Commission to impose tough regulations on "527" political committees that put more than $400 million into the 2004 elections.
Instead, in a ruling issued late Wednesday evening, the judge gave the FEC a choice: Either explain in detail why regulations are not needed or begin proceedings to develop such rules.
In the 2003-04 election cycle, 527 committees active in federal elections raised $424 million, according to the Campaign Finance Institute. Pro-Democratic groups spent $314.4 million and pro-Republican groups spent $84.1 million.
The judge warned that if the FEC continues to treat 527 committee complaints on a case-by-case basis instead of issuing encompassing rules, it will have to explain how the interests of complainants will be protected under time-consuming processes that often do not produce any action until the election is over.
"Cases arising from the 2004 campaign have languished on the Commission's enforcement docket for as long as 23 months, with no end in sight, even as the 2006 election campaign has begun," Sullivan wrote. "The FEC can take years to complete an administrative action, and penalties, if they come at all, come long after the money has been spent and the election decided."
Two of the plaintiffs, Reps. Christopher Shays (R-Conn.) and Martin T. Meehan (D-Mass.), the House sponsors of the 2002 McCain-Feingold campaign finance law, interpreted Sullivan's order as a victory.
"Judge Sullivan supported our belief that the FEC's failure to bring 527s under campaign finance law was a dereliction of its duty by rejecting the FEC's justification for refusing to issue regulations. This was a crucial step in bringing fairness to our campaign finance laws," Shays said.
(Excerpt) Read more at washingtonpost.com ...
..I would rather have an unadulterated First Amendment. Repeal McCain Feingold!
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Absolutely! I hope that our new Chief Justice sees fit to "review" the Constitutionality of the McCain-Feingold anti-First Amendment law....it needs to be canned. I was just shocked then, when Bush signed it -- I am not so shocked nowadays that he did.
"Absolutely! I hope that our new Chief Justice sees fit to "review" the Constitutionality of the McCain-Feingold anti-First Amendment law....it needs to be canned. I was just shocked then, when Bush signed it -- I am not so shocked nowadays that he did. "
Rove made Bush do it just for this reason.
Rove made Bush do it just for this reason.
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I wonder. I won't believe it until I see it happen.
M-F is an abomination. But this is a very good decision under the constraints this judge has.
ping
Federal judge orders FEC to explain campaign finance loophole for 527 groups
Joshua Pantesco at 3:50 PM ET[JURIST] US District Judge Emmit G. Sullivan has ruled [PDF text] that the Federal Election Commission (FEC) [official website] has not provided adequate reasons for failing to more strictly regulate so-called 527 groups [Opensecrets.org backgrounder], nonprofits named for the tax code section under which they are organized. The groups are currently not subject to the same soft-money contribution restrictions as traditional political action committees, which allowed them to donate vast amounts of unregulated money to campaigns during the 2004 election cycle. Sullivan did not direct the FEC to develop new rules governing 527s, but instead ordered the FEC Wednesday to present a "reasoned explanation" for the current system, or to institute new rules "if necessary."
Reps. Christopher Shays (R-CT) and Martin Meehan (D-MA) filed the original complaint [PDF text] against the FEC in 2004, claiming that the FEC's failure to issue a rule governing when section 527 groups must register as political committees is arbitrary and capricious, thus violating the Administrative Procedure Act [text]. According to the nonpartisan campaign funding tracking service Political Money Line, 527 groups that supported Kerry or opposed Bush collected $266 million during the 2003-04 election cycle, as opposed to Republican groups that raised $144 million. AP has more.
Abbreviating McCain Feingold "M-F" certainly puts the legislation in the proper perspective!
Thank you Jorge Bush, John McInsane, and Sandra Flake O'Connor.
This hurts US! Without the Swift Boat Vets, John Kerry may well be President today. Meanwhile the RAT 527's were mainly ineffective. Republicans are crazy to try and rein in 527s.
As much as I appreciated the Swift Boat Vets - I went to their rally in Washington, D.C. on Sep 14, 2004, bought the book, "Unfit For Command," and donated twice - they are history, just like Kerry.
* Kerry seems to be suffering from the uniquely Democratic Party phenomenon of dismissing unsuccessful candidates for the presidency. "Kerry's 100 percent name ID is loaded with baggage," says Luntz. While Kerry's stump speech registered positively with Iowa voters, the reality is that many Democrats may not be listening anymore -- seeing Kerry as yesterday's news.
Who cares about Kerry NOW? That isn't the point. If it were up to Republicans in 2004, the Swift Boat Veterans for Truth--a 527--would have been outlawed. And as much as you like to point out how pathetic Kerry is now, at that time the hapless Bush campaign had been totally unable to take him down. It was the SwiftVets that defeated Kerry, and the GOP is stupid for trying to strangle 527s now.
You seem to be making my point in that the Swifties & Kerry were a unique phenomena, unlikely to be repeated, but then you seem to assert that in the future pubbie sympathizers could repeat the Swifties' results against any dem. That doesn't necessarily follow.
As it stands now, unregulated 527s favor the dems with deep pockets and money to burn, e.g. Soros, Peter Lewis, etc. The story tells the numbers.
Personally, I think all this campaign finance crap is un-Constitutional! But you have to play with the hand that you are dealt.
I compeltely disagree with that assessment. IT was scary how ineffecitve the Bush campaign was until the Swifties came along. I can easily see this happening again in '06 and '08. As it stands today the GOP ads on censure now are pathetic. It's nice that you trust the "party" to get the message out. I do not. The SwiftVets were an example of entrepreneurial politics at its best. In 2008, the internet is going to be a much larger factor. And right now the RATs are better at that that we are. It will take another independent 527 group to come up with something unique and devastating again. It would be a disastrously stupid thing for the GOP to kill 527s now.
As it stands now, unregulated 527s favor the dems with deep pockets and money to burn, e.g. Soros, Peter Lewis, etc. The story tells the numbers.
Again I disagree. The RAT 527's were simply ineffective. They raised $350 million in 527s, we raised $144 million. Yet we were far more effective. Yeah, they had money to "burn" and that's exactly what they did. The MoveOn ads were nasty and shrill and did not connect. It didn't matter how much money they had, it just permitted them to distribute lousy ads more widely. But the Swifties connected big time with the public.
Don't fall for the incumbent arguments to squlch the First Amendement. Let's leave the 527s alone.
So, the Judge would like the FEC or himself to substitue "regulations" for the letter of the law (tax code). If the 527 groups are following the law, that's not a loophole.
That's the same argument the gun grabbers used when gun makers changed their products to conform to the (outrageously unconstitutional) Assault Weapons Ban (aka Ugly Gun Ban). If you comply with the law, you're taking advantage of a "Loophole". Using that logic, everything not expressly permitted will be banned. (Which is the way the Constitution reads, BTW. But under the Constitution that applies to the Federal Government, not to the People.
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