McCain Campaign Violated McCain-Feingold law with Palin Clothing Purchases

[stevenleser]

http://www.opednews.com/articles/McCain-Campaign-Violated-M-by-Steven-Leser-081023-770.html
--------------------------------------------------------------------------------
October 23, 2008

By Steven Leser


In what has to be one of the most embarrassing turn of events for the McCain campaign thus far, it appears that in purchasing $150,000 worth of clothes for Sarah Palin and her family, McCain and his campaign and/or the RNC have violated the 2002 McCain-Feingold Campaign Finance Reform Act. A link to the entire text of the law and the relevant text are below. Only a lawyer would know for sure if this constitutes a breach of the law but the spirit of the law was definitely broken by the RNC, Palin and the McCain campaign:

http://www.govtrack.us/congress/billtext.xpd?bill=h107-2356

SEC. 313. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.
(a) PERMITTED USES-

...
(b) PROHIBITED USE-



(1) IN GENERAL- A contribution or donation described in subsection (a) shall not be converted by any person to personal use.

(2) CONVERSION- For the purposes of paragraph (1), a contribution or donation shall be considered to be converted to personal use if the contribution or amount is used to fulfill any commitment, obligation, or expense of a person that would exist irrespective of the candidate's election campaign or individual's duties as a holder of Federal office, including--

(A) a home mortgage, rent, or utility payment;
(B) a clothing purchase;
(C) a noncampaign-related automobile expense;
(D) a country club membership;
(E) a vacation or other noncampaign-related trip;
(F) a household food item;
(G) a tuition payment;
(H) admission to a sporting event, concert, theater, or other form of entertainment not associated with an election campaign; and
(I) dues, fees, and other payments to a health club or recreational facility.'

.
.
.
Sec. 323
'(a) NATIONAL COMMITTEES-

'(1) IN GENERAL- A national committee of a political party (including a national congressional campaign committee of a political party) may not solicit, receive, or direct to another person a contribution, donation, or transfer of funds or any other thing of value, or spend any funds, that are not subject to the limitations, prohibitions, and reporting requirements of this Act.

'(2) APPLICABILITY- The prohibition established by paragraph (1) applies to any such national committee, any officer or agent acting on behalf of such a national committee, and any entity that is directly or indirectly established, financed, maintained, or controlled by such a national committee.

----------------------------------------------------

This puts McCain and his campaign squarely in the realm of slapstick comedy. Does anyone still think he has the managerial and leadership skills to be President? His first major decision was choosing Sarah Palin as his running mate, the most unqualified person on a major national ticket in over 100 years, now his campaign violates a campaign finance reform law that he himself wrote. It's hard to demonstrate incompetence any better than that. He makes Inspector Clousseau, Laurel and Hardy and Abbott and Costello seem adroit by comparison.

Will McCain and the RNC now stop whining about the money Obama has been able to raise? If they can afford to spend $150,000 on Palin's clothes, they obviously are not hurting for money. What does this say about the campaign's attempts to reach out to the 'Joe the Plumbers' and 'Joe Sixpacks' and 'Hockey moms' out there? Do those types of people spend $150,000 on clothes from Neiman Marcus and Saks Fifth Avenue? To think that Ann Coulter, Rush Limbaugh and various other denizens of the Conservative Right went ballistic over a $400 haircut for John Edwards. Edwards' expenditures are minor league compared to the McCain-Shoppin' ticket. You betcha!

McCain is now in the unenviable position of trying to convince the American people that he should be the Chief Law Enforcement official of the land when he doesn't even obey the laws that he crafted. If he were waging an issue based campaign and not hurling false accusations at Obama as fast as he could shovel, one would almost feel sorry for him. McCain had it right when he suspended his campaign a few weeks ago, but the reasons and duration were wrong. He should suspend it permanently because he clearly does not have the judgment or skills for the job.

[tekisui]

1. Get 'em!

[crispini]

2. Beautiful

MmmmmHMMM!

[dennis4868]

3. Not that I want to defend...

McCain and his thugs but according to the reports I have read it was not the McCain campaign that purchased Palin's wardrobe but the RNC and according to everyone I have heard from it does not violate any law although ethically it may not be right.....

[stevenleser]

5. See section 323 I included...

it may or may not violate the letter of the law, but the spirit of the law is clearly shattered. It's pretty clear that the intent of the law was for the candidates clothing (or cars or house, etc) to not be purchased with any kind of raised funds, be it by a campaign or a political committee.

[Essene]

10. i dont think it even violates ths spirit of the law... because that's about "personal use"

That prohibition is about not using these funds for buying your own clothing and other stuff.

She arguably has not received a personal wardrobe.

The law says it has to be expenses AND AMOUNTS which would exist irrespective of the campaign. They spent $150k on her and said they will donate to charity after-wards. i.e. it is not for personal use.

I think the purchases for the children may be more of an issue, since i bet a large chunk of their expenses had no tie-in with public appearances... but they easily cover their asses by donating it all to charity.

[Love Bug]

4. Now, that's the very definition of "hoist with his own petard"!

[Essene]

6. palin fu

:kick:

[bunnies]

7. I'm no lawyer but...

it seems very clear to me that the RNC / McCain campaign violated this law. The RNC for giving it and the McCain campaign for receiving it.

Anyone know what the penalty is?

[Essene]

9. neither am i... but on closer look this does NOT look like a violation

These expenses would not have existed "irrespective of the candidate's election campaign," and thus they arguably dodge the "personal use" prohibition. I'm sure the additional statement about giving the clothing to charity was to reinforce this point.

[bunnies]

11. I disagree. She would need clothes whether she was running for vp or not.

Everybody needs clothes. Unless you're a nudist.

[yardwork]

14. Under what circumstances would a clothing purchase ever be prohibited, then?

Why was clothing written into the law if it didn't really count? What types of clothing purchases would be prohibited, if spike heel boots and designer clothing for the infant are allowable as "campaign expenses?"

[Mabus]

17. I have to agree with the OP

From my perspective spending over 150K is not de minimis nor was the clothing purchased for use campaign shirts or caps. And the charity argument is laughable and appears to be an afterthought they came up with after they got caught.


From the Federal Register (page 76978, Federal Register, Vol. 67, No. 240, Friday, December 13, 2002, Rules and Regulations. See page 17 of the following PDF: http://www.fec.gov/pdf/nprm/disclaimers_etc/fr67n240p76961.pdf)

PART 113—USE OF CAMPAIGN ACCOUNTS FOR NON-CAMPAIGN PURPOSES (2 U.S.C. 439a)
8. The authority citation for part 113 continues to read as follows:
Authority: 2 U.S.C. 432(h), 438(a)(8), 439a, and 441a.
9. In § 113.1, paragraphs (b) and (g) are revised to read as follows, and paragraph (e) is removed and reserved:
§ 113.1 Definitions (2 U.S.C. 439a).

***

(g) Personal use. Personal use means any use of funds in a campaign account of a present or former candidate to fulfill a commitment, obligation or expense of any person that would exist irrespective of the candidate’s campaign or duties as a Federal officeholder.

(1)(i) Personal use includes but is not limited to the use of funds in a campaign account for any item listed in paragraphs (g)(1)(i)(A) through (J) of this section:

****
(C) Clothing, other than items of de minimis value that are used in the campaign, such as campaign ‘‘T-shirts’’ or caps with campaign slogans.

***

Here's the listing, revised as of January 1, 2008 (as printed in the Code of Federal Regulations (11CFR113.1, pages 205-08) found at: http://edocket.access.gpo.gov/cfr_2008/janqtr/11cfr113.1.htm

PART 113_USE OF CAMPAIGN ACCOUNTS FOR NON-CAMPAIGN PURPOSES--Table of
Contents

Sec. 113.1 Definitions (2 U.S.C. 439a).

Sec.
113.1 Definitions (2 U.S.C. 439a).
113.2 Use of funds (2 U.S.C. 439a).
113.3 Deposits of funds donated to a Federal or State officeholder (2
U.S.C. 432(h)).
113.4 Contribution and expenditure limitations (2 U.S.C. 441a).

Authority: 2 U.S.C. 432(h), 438(a)(8), 439a, 441a.

Source: 45 FR 15124, Mar. 7, 1980, unless otherwise noted.


When used in this part--
(a) Funds donated. Funds donated means all funds, including, but not
limited to, gifts, loans, advances, credits or deposits of money which
are donated for the purpose of supporting the activities of a Federal or
State officeholder; but does not mean funds appropriated by Congress, a
State legislature, or another similar public appropriating body, or
personal funds of the officeholder donated to an account containing only
those personal funds.

***
((Page 206))

(g) Personal use. Personal use means any use of funds in a campaign
account of a present or former candidate to fulfill a commitment,
obligation or expense of any person that would exist irrespective of the
candidate's campaign or duties as a Federal officeholder.
(1)(i) Personal use includes but is not limited to the use of funds
in a campaign account for any item listed in paragraphs (g)(1)(i)(A)
through (J) of this section:

***
(C) Clothing, other than items of de minimis value that are used in
the campaign, such as campaign ``T-shirts'' or caps with campaign
slogans.

And, for what this is worth, this provision should bring up questions about Levi's expenses:

ii) The Commission will determine, on a case-by-case basis, whether
other uses of funds in a campaign account

((Page 207))

fulfill a commitment, obligation or expense that would exist
irrespective of the candidate's campaign or duties as a Federal
officeholder, and therefore are personal use. Examples of such other
uses include:


(7) Members of the candidate's family. For the purposes of paragraph
(g) of this section, the candidate's family includes:
(i) The spouse of the candidate;
(ii) Any child, step-child, parent, grandparent, sibling, half-
sibling or step-sibling of the candidate or the candidate's spouse;
(iii) The spouse of any child, step-child, parent, grandparent,
sibling, half-sibling or step-sibling of the candidate; and
(iv) A person who shares a residence with the candidate.

As I recall, Levi and Bristol aren't married. I'd also venture to guess that he wasn't traveling around with the Palin family before she became McCain's sidekick.

[Vinca]

8. Specifically - "a clothing purchase." ROFLMAO.

[NightHawk63]

12. K'd and HIGHLY R'd n/t

[Rambis]

13. Kick it (nm)

x

[CADEMOCRAT7]

15. The HYPOCRISY of this campaign is sickening ! n/t just too appalled.

[Supersedeas]

16. but...but.. but.. but. .McNasty is a maverick...he's...he's...he's a campaign reformer

[demokatgurrl]

18. Where is the media on this issue???? n/t

[grantcart]

19. excellent post rec Perhaps McCain had never heard of McCain-Feingold.