Showing posts with label Campaign finance in the United States. Show all posts
Showing posts with label Campaign finance in the United States. Show all posts

Thursday, December 28, 2017

The Anatomy Of Hillary Clinton"s $84 Million Money-Laundering Scheme

Authored by Dan Backer via Investors.com,


In 2014, the Supreme Court ruled in favor of my client, Alabama engineer Shaun McCutcheon, in his challenge to the Federal Election Commission"s (FEC) outdated "aggregate limits," which effectively limited how many candidates any one donor could support.


Anti-speech liberals railed against McCutcheon"s win, arguing it would create supersized "Joint Fundraising Committees" (JFCs). In court, they claimed these JFCs would allow a single donor to cut a multimillion-dollar check, and the JFC would then route funds through dozens of participating state parties, who would then funnel it back to the final recipient.


Democracy 21 President Fred Wertheimer claimed the Supreme Court"s McCutcheon v. FEC ruling would lead to "the system of legalized bribery recreated that existed prior to Watergate." The Supreme Court, in ruling for us, flatly stated such a scheme would still be illegal.


The Democrats" response? Hold my beer.


The Committee to Defend the President has filed an FEC complaint against Hillary Clinton"s campaign, Democratic National Committee (DNC), Democratic state parties and Democratic mega-donors.



As Fox News reported, we documented the Democratic establishment "us[ing] state chapters as straw men to circumvent campaign donation limits and launder(ing) the money back to her campaign." The 101-page complaint focused on the Hillary Victory Fund (HVF) — the $500 million joint fundraising committee between the Clinton campaign, DNC, and dozens of state parties — which did exactly that the Supreme Court declared would still be illegal.


HVF solicited six-figure donations from major donors, including Calvin Klein and "Family Guy" creator Seth MacFarlane, and routed them through state parties en route to the Clinton campaign. Roughly $84 million may have been laundered in what might be the single largest campaign finance scandal in U.S. history.


Here"s what we know. Campaign finance law is incredibly complex and infamous for its lack of clarity. As I"ve explained before, its complexity is a feature, not a bug. Major political players with the resources to hire the very few attorneys who practice campaign finance law benefit from the complexity that keeps others out. Perhaps HVF"s architects thought so too, and assumed that if no one understands what"s happening, no one would complain.


Here"s what you can do, legally. Per election, an individual donor can contribute $2,700 to any candidate, $10,000 to any state party committee, and (during the 2016 cycle) $33,400 to a national party"s main account. These groups can all get together and take a single check from a donor for the sum of those contribution limits — it"s legal because the donor cannot exceed the base limit for any one recipient. And state parties can make unlimited transfers to their national party.


Here"s what you can"t do, which the Clinton machine appeared to do anyway. As the Supreme Court made clear in McCutcheon v. FEC, the JFC may not solicit or accept contributions to circumvent base limits, through "earmarks" and "straw men" that are ultimately excessive — there are five separate prohibitions here.


On top of that, six-figure donations either never actually passed through state party accounts or were never actually under state party control, which adds false FEC reporting by HVF, state parties, and the DNC to the laundry list.


Finally, as Donna Brazile and others admitted, the DNC placed the funds under the Clinton campaign"s direct control, a massive breach of campaign finance law that ties the conspiracy together.


Democratic donors, knowing the funds would end up with Clinton"s campaign, wrote six-figure checks to influence the election — 100 times larger than allowed.


HVF bundled these megagifts and, on a single day, reported transferring money to all participating state parties, some of which would then show up on FEC reports filed by the DNC as transferring the exact same dollar amount on the exact same day to the DNC. Yet not all the state parties reported either receiving or transferring those sums.


Did any of these transfers actually happen? Or were they just paper entries to mask direct transfers to the DNC?


For perspective, conservative filmmaker Dinesh D"Souza was prosecuted and convicted in 2012 for giving a handful of associates money they then contributed to a candidate of his preference — in other words, straw  man contributions. He was sentenced to eight months in a community confinement center and five years of probation. How much money was involved? Only $20,000. HVF weighs in at $84 million — more than 4,000 times larger!


So who should be worried? Everyone involved — from the donors themselves to Democratic fundraisers to party officials who filed false reports and, ultimately, to Clinton campaign and HVF officials looking at significant legal jeopardy.


Don"t take my word for it. Our complaint is built entirely on the FEC reports filed by Democrats, memos authored by Clinton campaign manager Robbie Mook, and public statements from Donna Brazile and others.


The only question that matters: Was the law broken? If the answer is yes, then the corrupt Clinton machine should be held accountable.









Friday, September 29, 2017

Jim Kunstler's Solution To Uniting American Citizens - Overturn 'Citizens United'

Authored by James Howard Kunstler via Kunstler.com,


Poor old Karl Marx, tortured by boils and phantoms, was right about one thing: History repeats itself, first as tragedy, second as farce.


Thus, I give you the Roman Empire and now the United States of America. Rome surrendered to time and entropy. Our method is to drive a gigantic clown car into a ditch.


Is anyone out there interested in redemption?



I have an idea for the political party out of power, the Democrats, sunk in its special Okefenokee Swamp of identity politics and Russia paranoia: make an effort to legislate the Citizens United calamity out of existence.


Who knows, a handful of Republicans may be shamed into going along with it.


For those of you who have been mentally vacationing on Mars with Elon Musk, Citizens United was a Supreme Court decision — Citizens United v. Federal Election Commission 558 U.S. 310 (2010) — which determined that corporations had the right, as hypothetical “persons,” to give as much money as they liked to political candidates.


This “right” devolved from the First Amendment of the constitution, the 5-4 majority opinion said — giving money to political candidates and causes amounts to “freedom of speech.” The Citizens United ruling opened the door for unlimited election spending by corporations and enormous mischief in our national life. Then-President Obama — a constitutional law professor before his career in politics — complained bitterly about the opinion days later in his State of the Union address, saying that the court had “reversed a century of law to open the floodgates, including foreign corporations, to spend without limit in our elections.”


And for the next seven years he did absolutely nothing about it, nor did the Democratic Party majority in congress. Rather, they vacuumed in as much corporate campaign money as possible from every hokey political action committee (PAC) from sea to shining sea, especially in the 2016 presidential election starring Hillary “It’s My Turn” Clinton. It turned out to not be her turn in large part because the voters noticed the stench of corruption wafting off this toxic flow of corporate money, which Hillary was using to vastly outspend her billionaire opponent, troll that he was.


Of course, corporations have not always been what they are deemed to be today. They evolved with the increasingly complex activities of industrial economies. Along the way — in Great Britain first, actually — they were deemed to exist as the equivalent of legal persons, to establish that the liabilities of the company were separate and distinct from those of its owners. In the USA, forming a corporation usually required an act of legislation until the late 19th century. After that, they merely had to register with the states. Then congress had to sort out the additional problems of giant “trusts” and holding companies (hence, anti-trust laws, now generally ignored).


In short, the definition of what a corporation is and what it has a right to do is in a pretty constant state of change as economies evolve. And insofar as the current economy is sinking like the RMS Titanic — and our republic as a mode of governance with it — surely the time has come to redefine in legislation the role and existential nature of a corporation in this polity. This homework assignment should be given to the Democratic members of congress, since they are otherwise preoccupied only with hunting for Russian gremlins and discovering new sexual abnormalities to protect and defend.


The crux of the argument is that corporations cannot be said to be entirely and altogether the equivalent of persons for all legal purposes. In law, corporations have duties, obligations, and responsibilities to their shareholders first, and only after that to the public interest or the common good, and only then by pretty strict legal prescription. It may be assumed that the interests of corporations and their shareholders are in opposition to, and in conflict with, the public interest. And insofar as elections are fundamentally matters of the public interest, corporations must be prohibited from efforts to influence the outcome of elections.


That’s your assignment Chuck Schumer, Nancy Pelosi, and the rest of the Democratic Party leadership. Get serious. Show a little initiative. Do something useful. Draw up some legislation. Get behind something real that might make a difference in this decrepitating country. Or get out of the way and let a new party do the job.