McCain’s Lingering FEC Problem
McCain won a clean sweep of the four March 4th Republican states, but in order to arrive at the RNC convention with a fighting chance against the eventual Democratic nominee John McCain needs to be able to withdraw from the Federal matching funds program.
If he is not released from the Federal funding program McCain is subject to spending limits that would lead to his campaign being outspent by Democrats at a ratio of 10 to 1.
The road to leaving the program is going to be a long and difficult one for McCain, despite what his lawyers would like the public to believe.
McCain was declared eligible for the matching funds program last summer, and he kept the door open to receiving funds all the way through Fall and up until just before Super Tuesday when he notified the FEC that he wished to withdraw from the program.
The FEC chairman David Mason then responded to McCain’s request with a letter, which McCain’s campaign received on February 19th , which stated that he can not officially leave the federal program until the FEC officially rules on his case and releases him.
Now the case itself (which hinges on the terms of a loan McCain received from a Florida bank and whether or not eventual federal funds were used by McCain as collateral thus trapping him in the federal program) is not a certainty although McCain’s lawyers are declaring that the loan is not an issue.
Some legal experts say that the McCain team is on shaky legal ground. The problem is that no candidate has been this manipulative of the system before, so there is no firm legal precedent. McCain’s legal team has simply stated that federal matching funds are constitutional because they are voluntary; implying it should also be voluntary to leave the program, but Chairman Mason disagrees.
Even assuming that McCain would be able to get the FEC board to rule in his favor, the biggest problem he is having right now is getting the case heard and ruled upon at all.
This is because the FEC is made up of a board of six seats, all of which are nominated by the President and approved by the Senate. Currently only two seats are filled. President Bush has nominated four, but the Senate is in gridlock about how to vote on the nominees. The Republican minority wants all four nominees to be approved or disapproved as a single group, either all in or all out. And the Democratic leadership wants individual hearings on each nominee. The reason for this is that the Senate Democrats point to one nominee in particular, Hans von Spakovsky, who they say has a questionable ethical record.
So right now, while the Senate is in gridlock, McCain is making the decision to charge forward like there is no problem; this strategy could work out several ways. One scenario would eventually see at least 4 of the 6 FEC board seats filled, allowing for a quorum that rules in McCain’s favor releasing McCain from federal spending limits. In a different scenario the FEC board is not seated for several more weeks or even months, and by the time they rule McCain has already exceeded federal spending limits, and if they rule against him, he would have broken the law. The catch is that McCain’s lawyers can argue until they are blue in the face about whether or not he should be allowed out of the federal funding program based on the terms of the loan, but it is an extremely clear cut rule that McCain has to wait to go over the spending limit until the FEC holds a quorum to officially release him with their legal decision. If the FEC board rules against him after he has already exceeded federal spending limits he would be facing criminal charges and a large fine that would be a huge black eye for his candidacy.
Regardless of what the final outcome of the case is, one thing is certain, McCain has gone from the straight talk express to being bunkered down with a team of lawyers to fight his way out of a shady deal that is justifiably being labeled by Democrats as unethical.
Popularity: 3% [?]
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Comment by adam on 5 March 2008:
McCain is unethical and has absolutely no chance of winning against the Dems.
Comment by rcuomo on 5 March 2008:
McCain has no chance. He’s a fringe, radical and longshot candidate.
Comment by Mary on 5 March 2008:
The problem is even more complicated than this. McCain used the matching funds eligibility to avoid having to collect signatures to qualify for ballot access in several states. Since he got on the ballot in this manner, this becomes a whole other issue. The loan may be weasled out of when they can get a quorum, but ballot access?
Comment by pete on 5 March 2008:
The only reason McInsane is there is to give it to the dems anyway.
Comment by Joe Lawson on 5 March 2008:
Well McCain has another problem which the article above does not mention. When he accepted matching funds it allowed him to bypass getting on the ballot in Ohio through the signature process. He was just on automatically, if he refuses matching funds now - his Ohio win must be voided according to most experts on the issue. That means he does not have the necessary delegates, and if I am correct he did the same thing in Pennsylvania.
He is in serious trouble.
I will not be voting for McCain or Obama - I hope there is an independent that we can all vote for. I also like the only honest candidate in the field, Ron Paul but he has said he will not be running third party.
Comment by Mary on 5 March 2008:
He got on the Kentucky ballot by demonstrating that he had qualified for the ballot in at least 20 other states. One of the states was Delaware. McCain qualified for the Delaware ballot through matching funds, not signatures.
I don’t know about the matching funds vs signatures in Pennsylvania. There is Ohio and Delaware for sure.
Comment by Michael on 5 March 2008:
I concur with the comments by Mary and Joe Lawson regarding the use of FEC matching fund eligibility to get on the ballot, so that issue will exist regardless of what happens with the loan.
Add the FEC funding to the issues of whether he is “native born” and “in-bed” with lobbyists (at least figuratively, infidelity with first wife (at least), his abrasive personality, and a few others. Do we really want a President
A pattern is beginning to emerge that says “I can do whatever I want regardless of the law.” Reminds me of Bush saying the Constitution is just a piece of paper. This pattern is particularly scary given that is was running as “Mr. Clean.”
Comment by Alexia on 5 March 2008:
I don’t know about all the states, but in Ohio he only needed to prove he was eligible to receive matching funds to qualify for the ballot. Accepting them wasn’t a contingency.
Comment by Jim McClarin on 5 March 2008:
McCain is not yet the nominee. If the delegates conclude that McCain is unelectable (or otherwise undesirable), they can pick another candidate for the nomination. Remember that Hubert Humphrey won the Democratic nomination without having won a single state’s primary.
Comment by Charles on 5 March 2008:
The only thing the Ohio Secretary of State’s office will say is that they cannot comment on his situation because the DNC has filed a complaint with the FEC.
It sure would be a shame if his own idiotic bill stopped him from spending money to become President, wouldn’t it? It would be just as big a shame if any state should disqualify his delegates!
One can only hope…
Comment by 4therepublic on 5 March 2008:
Open Letter to Dr. Ron Paul…….
It all started when we saw the first presidential debate over a year ago. My wife and I thought our voice could never make a difference. A government mostly comprised of constitutional traitors holding office. After hundreds of hours of reading, and learning, one cannot help question the workings. When we heard the honorable Dr. Ron Paul speak it gave us hope, and the feeling “Wow, finally a true statesmen.” So desperately needed.. As if something were in the water, in the halls of power and only Paul were immune!”. Began the research, more and more, not just words from faces but the substance in record and content in character. As it progressed, scary and shocking things were stumbled upon. Policies that put fear to ones bones as if the lives sacrificed upon the alter, of sovereign liberty to mean nothing.
Paul a humble elderly congressman from Texas. Him and his wife Carol married now some 51 years. To those hands which have guided thousands of new lives to the light of the world. A voice bringingt chills. Enthralling to the marrow. Searching for a single sentence, A fractured statement. From this hero country doctor, Ron Paul.
Read and watched searched and sought, until finally, triggered to action. I (we) signed on, with heart, soul, wallet and purse. We went for the first time in our life, to a meet-up group for a political organization. Ordered and made signs, cards, slim jims.. Started a family crusade to inform as many people as possible about the good doctor. As I discovered, he was nearly flawless in every way, and was directly in line with my thoughts. A Jeffersonian reincarnation. Just could not believe that we had found somebody that alone had fought so long. A crusader for rights and sovereignty all , yet so honest, forthright and the will to speak truth to power.
Signs in the yard, stickers on a car, and wherever we traveled, always had Ron Paul items with us. Discovering many innovative ways to get this great message out.Spent days at the Daily Paul, excited and learning. Throughout the entire journey was triggered to research and understanding. To monetary policy. an economic expert on Fiat Currency, The Federal Reserve, The Gold Standard, The monetizing of Debt, IRS, Fractional Reserve Banking, The World Oil Trade, CFR (council for foreign relations) Nafta, The Patriot Act, the central bank and the list goes on. Having dug deep, We have informed our friends and family and strangers. To further seed the continuation of a revolution started our founders. When just a year ago, you could of asked any us about these topics, To receive a blank stare! What could have caused this bend of freedom to fascism, socialist corporate welfare, warfare, globalization industrial war mongering machine.
As we marched, participated in money bombs. To watch our numbers skyrocket, donated to our max. Watched the Blimp go into flight. Ron Pauls race car dream for fruition. Day after Day, the excitement built, and I could not believe we were part of such a great cause. So important to all. To many with excitement… “Have you heard of Ron Paul?” and when they would say no, over and over, to see the excitement. The birthing, another patriot awakened. One by one, day by day.
Blinded by enthusiasm, thinking that with all of this excitement, and with such an awesome candidate, and money raised, how could we lose?
The second debates came, Then came this sinking feeling. Soon we noticed that something was wrong. Ron Paul was not allowed to speak. He was given very little time. Then banned entirely. We started to wonder why? Debate after debate, we all witnessed the same thing. As this was going on, I noticed an entire switch in the media. No photos of the Dr. Not many mainstream articles, and the media calling him a kook, for believing in the constitution and the rule of law.
The continuation to deny the best candidate his due time of air. Belittlization and ignorization .. Then it all became too clear. After doing all of the research the Diebold machines, Caucus events, Primaries, Voter Fraud, To look in the mirror and say, how could one be so naive? Study and research, points to one thing. The powers to be do not want our champion anywhere near the white House. Congressman Paul challenges every single status quo the world government has built upon. Against the corrupt policies of a darkened government at every level. Has taken nearly a century to get these organizations ans policies in place, and they that run this country in high places, to pull out the stops to deny an honest voice.
Day after Day, Caucus after Caucus, Primary after Primary, The writing on the wall. Voting problems abound. New Hampshire broken chains of custody. Not counting all the votes. The Granny Warriors fighting for us in the NH recount. Washington state, Beverly Harris of Black box voting & Albert Howard shouting aloud, Jane Aitken doing her best. Everywhere hour after hour. The election process and the media have chosen there appointees.
Why did we fall into this? Why is the establishment so corruptrd? As if in a coherent deliberation trying to destroy this the greatest nation a blue jewel in blackest space could produce. Why are so many so blind?
I sometimes wish I could just erase this knowledge, had to find out. Had to play the hand all the way.
Don’t get me wrong…I (we) are more awake than ever. It just sickens me to see the continuation. Feeling so lost in regards to god and country. Like a single black sheep in a herd of a millions, trying to scream“Don’t run off that cliff!” Fearing such a small voice can’t be heard as they fall off the cliff unaware.
As we continue on, to march to Washington, I would like to tell you Ron Paul we will never give up. We will never surrender. If this country truly believes in our divinely inspired Constitution. Our leaders must not just promise to support and defend “but obey.” Yes”obey”
Wars, rumors of Wars, war with no end, restarting cold wars with Russia. Singing Bomb Iran. The devaluation of our monies. Oil 27 dollars a barrel attack Iraq under a UNITED NATIONS resolution 100 dollars barrel. The suspension of habeas corpus, Warrantless searches. Millions losing their houses and dreams.
Putting missiles in Poland. Stoking for war..Russia, the threatening of pre-emptive Nuclear
Attack.
Rights being stripped away, layer by layer, day by day. Attacks upon the 1st and 2cd amendment
infringed..
Opec switching away from the dollar. China holding $1,500,000,000,000 of our debt. Buying up our lands. Us having $56,000,000,000,000 in debt obligations. Inflation, taxation de-evalution
The list goes on and on….. What the hell’s going on!
As I close this letter, one families personal journey, Something else to say. That is, I (we) will keep up the fight, and will always be here, unless they shut down the net, and take a last bastion of freedom. We will get our chipped national ID, just like you all will. We’ll pay our taxes to continue wars negating our own national defense, allowing millions upon millions of illegal’s who hold no loyalty to our flag. We will continue doing our part. Support Ron Paul. Our champion. Our standard bearer. Never give up. So no matter how the remaining election plays, We will continue the fight! Dr Paul re-kindled the fire that will never go out.
To thoughts come a story my grandfather told “Virgil Gordon”. Of the Ferrol hogs that made (the blue ridge mtns.) their home. That if you put out food pigs would come. If you put up a wall they would scramble to the freedom of the forest, keep feeding, and continuously. They’d return. Put up another wall, and another they would flee,, slowly to return, over and over, until there were four walls with slight opening. Cautiously they’d enter until you could leave the pen open. still they would stay. To a point they’d squeal in terror. If prompted toward an opening and freedom.
And finally to you Dr. Ron Paul. In the days to come, and from what you have done in all our lives, even after you pass from this earth, just let to tell you, you have awakened the drowsing giant. You have showed a path, a tiny light in a vast sea of darkness an opening of light. As you said, “This is not about me, it is about the Message.” My god, you are so right. Tears comes to my eyes.. From every emotion of the last year, for every American, for every soldier that has died for the concept of a lie’s. Sorrow for the American not given the chance to awaken. Dr. Ron Paul, you have left a mark upon the few among the many, etched in stone. You have achieved your goal. An inspiration of soul. You said that this will last way beyond you, to now understand. Some of us have never met you, you sent a signed letter for what we have done. It is framed right over our hearth…Forever you have changed …us….the message will live… though our bones be dust. Promise in Passing a message, to our children and our children’s , children. To live forever. Should they plant you in the good earth prior our passing we will be there. As you ask assemble in Washington. Duty bound be there.
Whether it’s at home or in passing. Never let it be said that you heard the voice of liberty and did not answer her call. Tell all of liberty and freedom. Which unites and binds us like no other.
Dr. Ron Paul and Carol……Thank You.
Sincerely,
An American Family.
Comment by cindy on 5 March 2008:
Ron Paul, the only truly honest candidate, representing the people. He mentors and leads by example. As MC Hammer would say,”can’t touch this.”
Comment by Tannim on 5 March 2008:
Ironic that it was his law (McCain-Feingold) that got him in this mess.
BTW, the FEC reports from the 2007 Q4 mention the loan and it lcearly states in the loan docs that he would use matching funds to repay it if he got them. So he’s clearly trapped in there.
Gee, the Panamanchurian Candidate is stuck in a cash bind of his own making. Isn’t Karma grand?
BTW, the GOP now has 6 million debt-free reasons to vote Dr. Paul instead…
Comment by Paula Warren on 5 March 2008:
I refuse to vote for any other candidate except Ron Paul, I am writing his name in.
Comment by TruthSanityAlways on 6 March 2008:
Brings tears to my eyes. Just to have someone SAY what is bothering all of us … the selling away of our contry. I couldn’t understand why our government wasn’t doing something about illegal immigration. Such a great tax burden on all of us, and then giving illegals FREE healthcare, etc while we ourselves can barely afford it if at all. I work in health care and see it all first hand. Of ALL the folks who need to use our healthcare system … guess who is allowed the least help of all? The VETERANS … makes me sick. Why does our government spend so much in other countries … giving away our money, when the gov’t can’t even meet their obligations to our seniors who have faithfully paid into the Social Security system all of their lives? Ron Paul has championed the cause, showed us that this indeed is happening…in truth is happening…before our very eyes. Wake up, oh wake up, or our country is gone. May it not be too late.
Comment by American Patriot on 6 March 2008:
More and more people are waking up to the fact the a gallon of milk costs more than a gallon of gas over $3 on its way quickly to $4 soon! We are quickly spiraling into hyper-inflation and the prices of everything skyrockets.
THEN, I PRAY more people will FINALLY BEGIN to HEAR Ron Paul, he is the ONLY ELECTABLE candidate, the ONLY candidate who ALWAYS follows the Constitution and is NOT bought and paid for!
PLEASE PEOPLE, HELP THE PATRIOTS SAVE OUR COUNTRY and OUR way of Life, Liberty and PEACE!
Comment by Tess on 6 March 2008:
The really sad thing is that McCain used his matching funds gimmick in order to get on the Ohio ballot, now that is foul play completely, and he should have to go to jail, and pay every single person who voted in Ohio at least $100.00 a piece. McCain would not have made it on the ballot in Ohio if he had not submitted his request for the matching campaign funds that he is trying to renig on now. I give this man a big thumbs down for being so dishonest, and if the Gop continues to support him, they will lose my support as a long time Republican, and true American Patriot.