The only thing I can make of it is that they are skimming from every donation, including those that came from Indian Tribes.
Your guess is as good as mine. It would be interesting to ask someone who knows about campaign finances laws to find out of this was illegal or just Kaplan being annoyed.
Subject lines containing the word "FLAG" (all caps) seem to indicate important matters that require attention.
https://wikileaks.org/dnc-emails/emailid/6697
From: "Miranda, Luis" <MirandaL@dnc.org>
To: "Walker, Eric" <WalkerE@dnc.org>, Graham Wilson <gwilson@perkinscoie.com>,
"Paustenbach, Mark" <PaustenbachM@dnc.org>, Lindsey Reynolds
<ReynoldsL@dnc.org>, "Dillon, Lauren" <DillonL@dnc.org>, "Dacey, Amy"
<DaceyA@dnc.org>, "Bauer, R" <RBauer@perkinscoie.com>
Subject: RE: FLAG: Politico asking state parties about HRC JFA direct
transfers back to DNC
Date: Mon, 25 Apr 2016 12:46:18 -0700
Message-ID: <05E01258E71AC046852ED29DFCD139D54DEF00C1@dncdag1.dnc.org>
In-Reply-To: <2AE4202A723DAE418719D2AC271C35F36EF78CD9@dncdag1.dnc.org>
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We should NOT add that extra point you suggested. We want to emphasize the opposite, which is that we set up these committees with both campaigns early - albeit it one of the campaigns hasn't used theirs - precisely because we need to raise the resources NOW to have the infrastructure in place for the general election. The money the state parties are transferring back to the DNC is still helping the state parties. Point them to this bullet in the talking points:
* It's important to note, the funds that the DNC and state parties get through the joint victory funds help strengthen, for example, our national voter file and communications, research and digital support for state parties and down ballot candidates. That includes training across a variety of areas, for example, and access to media monitoring and rapid response support. This is helping us build infrastructure for the general election.
[SigDems]<http://www.democrats.org/>Luis Miranda, Communications Director
Democratic National Committee
202-863-8148 - MirandaL@dnc.org<mailto:MirandaL@dnc.org> - @MiraLuisDC<https://www.twitter.com/MiraLuisDC>
From: Walker, Eric
Sent: Monday, April 25, 2016 3:44 PM
To: Graham Wilson; Miranda, Luis; Paustenbach, Mark; Lindsey Reynolds; Dillon, Lauren; Dacey, Amy; Bauer, R
Subject: RE: FLAG: Politico asking state parties about HRC JFA direct transfers back to DNC
Messages coming in from lots of state parties now.
He's asking about FEC reports that show transfers from state parties to the DNC of exact dollar amounts raised by the HFA / state party JFAs. So in other words, let's say HFA raised 300k for PA Dems... PA Dems sending that money back to DNC.
I assume he wants to write that this money won't be used for state parties or downballot races, but that it's all going to the DNC for the presidential campaign, and the state party JFAs are a workaround.
I can call Josh and Zac with HFA and see what they're thinking.
From: Wilson, Graham M. (Perkins Coie) [mailto:GWilson@perkinscoie.com]
Sent: Monday, April 25, 2016 3:31 PM
To: Walker, Eric; Miranda, Luis; Paustenbach, Mark; Lindsey Reynolds; Dillon, Lauren; Dacey, Amy; Bauer, R
Subject: RE: FLAG: Politico asking state parties about HRC JFA direct transfers back to DNC
Which direct transfers is he asking about?
Do we know HFA is saying?
Graham M. Wilson | Perkins Coie LLP
Direct. +1.202.434.1638
From: Walker, Eric [mailto:WalkerE@dnc.org]
Sent: Monday, April 25, 2016 3:18 PM
To: Miranda, Luis; Paustenbach, Mark; Lindsey Reynolds; Dillon, Lauren; Dacey, Amy; Wilson, Graham M. (Perkins Coie); Bauer, Bob (Perkins Coie)
Subject: FLAG: Politico asking state parties about HRC JFA direct transfers back to DNC
PA Dems and OH Dems just got a call about it from Politico. Reporter wants to know why the direct transfers have been happening for exact dollar amounts. He wants to write the Paul Blumenthal angle, but Politico can be more aggressive and sensational.
I can supply the TPs that we've used before which nibble around the issue (JFA money goes to winning races up and down the ballot, investing in infrastructure, blah blah blah) but I think it may be worth adding an extra talking point if pressed.
* It's way too early to start determining where the money will be most useful in the run-up to the election, and even if it was time to make that determination, we wouldn't discuss funding allocations in the press for the RNC to see what we're doing.
Any objections?
TPs we've used before:
- For Background Only -
Talking Points on Joint Fundraising Committees
We welcome any effort by our candidates to help raise money for the DNC and state parties.
Similar agreements were set up with both the Clinton campaign and the Sanders campaign early in the cycle, precisely because of the urgency to build a strong national infrastructure now that will help elect Democrats up and down the ballot in November. The Sanders campaign has not used theirs.
It's important to note, the funds that the DNC and state parties get through the joint victory funds help strengthen, for example, our national voter file and communications, research and digital support for state parties and down ballot candidates. That includes training across a variety of areas, for example, and access to media monitoring and rapid response support. This is helping us build infrastructure for the general election.
These arrangements are not new or unusual. Similar joint fundraising committees were established with our Democratic candidate in both 2008 and 2012. And again, both campaigns have signed on and have the option of using joint victory funds.
And let's be clear, neither the DNC nor state parties are subsidizing fundraising through these committees for either campaign. For whatever each campaign raises under the agreement that then goes to their campaign, that campaign pays a directly proportional amount for the cost of that fundraising.
Rick Hasen, an influential academic on campaign finance, posted an analysis on the Election Law Blog that addressed this issue. Hasen states in the article that "it is hard to see what provision of the law" is at issue in the letter. As the blog points out, "legally" the criticism of the fund "seems weak." http://electionlawblog.org/?p=81996
Eric Walker
walkere@dnc.org<mailto:walkere@dnc.org>
732-991-1489
@ericmwalker