Flutterby™! : Chickens roosting

Next unread comment / Catchup all unread comments User Account Info | Logout | XML/Pilot/etc versions | Long version (with comments) | Weblog archives | Site Map | | Browse Topics

Chickens roosting

2008-02-26 23:24:54.371775+00 by Dan Lyke 3 comments

So, let me see if I've got this straight: Mr. campaign finance "reform" himself, John McCain was running short on cash, so he went to the bank, said "if we lose in the next few primaries, we'll sign up for Federal matching funds to pay you back", of course if they won there'd be plenty of cash to pay back the banks.

So the question now is: legally, did John McCain pledge those funds, in which case he's got just $4M to spend between now and September, or didn't he, in which case he didn't opt-in to the campaign spending limits that would come with those funds?

In any event, the McCain campaign argues that The FEC, lacking a quorum, cannot deny its application to withdraw from the campaign. Mason's position, which seems sounder as a matter of law under 437c(c), is that without a quorum, they cannot authorize McCain to withdraw. McCain is now waiving around his constitutional rights to withdraw from the plan, which is a bit sketchy given his prior statement that, "I would rather have a clean government than one where quote First Amendment rights are being respected." One can obviously waive constitutional rights, and the question is whether or not McCain did so by entering a contract with the FEC to limit his spending. So McCain's assertion merely begs the real question: has he waived his constitutional right to unlimited funding?

So this whole thing appears to rest right now on some brinksmanship Senator Obama was playing earlier that, if I understand it right, has left the FEC one person short. Ain't politics fun?

[ related topics: Politics moron Law ]

comments in ascending chronological order (reverse):

#Comment Re: made: 2008-02-27 10:43:59.556476+00 by: DaveP

Sounds to me like Mr. Prior Restraint sure has screwed the pooch. Either he should have a limit on his funds, or he committed fraud when getting his loan.

#Comment Re: made: 2008-02-27 14:26:18.991247+00 by: m

This is about the regulations pertaining to public funding of campaigns, so just what First Amendment right is being violated here? Maybe McCain believes that as a Senator he has a special First Amendment privilege to abuse treasury funds as he pleases.

#Comment Re: made: 2008-02-27 14:28:24.711636+00 by: Dan Lyke

I believe that the First Amendment quote came from someone pointing out that campaign financial restriction laws put a limit on what people could use their money to say.

That was before this little fiasco.