Does The DNC's Complain Against McCain Have Merit?

The Democratic National Committee wants a federal judge to force the dormant Federal Election Commission to investigate John McCain's decision to withdraw from the public financing system in midseason.

They filed suit in DC federal court today alleging that McCain used his earlier privileged status inside the system to secure a loan and to secure ballot access in the states. By opting out without the FEC's approval, the DNC alleges that McCain "unilaterally" and unlawfully abrogated the agreement.

"Nonsense," replies the McCain campaign.

Who's right?

There's no precedent for the DNC's actions. The statute permits such suits after 120 days of inaction. There's been about 50. If for some reason a court decides that the DNC's complaint has merit, they'll probably ask the FEC to explain what is has done to resolve the matter. They'll probably do this behind closed doors.

Interestingly, the DNC is borrowing a page from the Republican National Committee, which, in 2004, tried to get a federal judge to force the FEC to declare that 527s were illegal because the FEC was taking too much darned time in doing so. The court ruled that the FEC's processes were its processes and it was up to Congress to change the law if it was unhappy with the FEC's pace.

Bottom line: there's no reason for McCain's campaign to be worried about any legal or financial ramifications of this suit or any others. There may well be, at time unknown in the future, some political questions for them to answer.

Why did the DNC file now? They want the court to determine that the FEC is unable to take action and therefore give them permission to sue the McCain campaign directly.

Comments

McCain is gaming the public financing system in about the most cynical way possible. If the FEC won't take action, someone has to.

Posted by ben | April 14, 2008 5:51 PM

Nothing will come of the suit, but this will help get McCain's slimy loan deal onto the front pages. If McCain is going to go after Obama for refusing public financing, he's first got some serious 'splainin' to do.

Posted by LFC | April 14, 2008 5:53 PM

McCain should be disqualified and kicked out of the race. He broke the very law he helped create and now thumbs his nose at everyone who brings up the FEC issue. He's a poor choice for president.

Posted by John | April 14, 2008 7:51 PM

^^^
What makes you think that? If you actually researched it, McCain's "public financing" isn't even related to this.

His law prohibits non-affiliated groups from speaking about the candidates (nothing, whether good or bad) about a month or more before elections. It's was a fight against "soft-money" not public financing.

For example, someone like a generic union cannot slander/praise a Republican/Democratic candidate.

Posted by Skeptical | April 15, 2008 3:36 AM

Skeptical--Taken from Wiki: "The Bipartisan Campaign Reform Act of 2002 (BCRA, McCain–Feingold Act, Pub.L. 107-155, 116 Stat. 81, enacted 2002-03-27) is United States federal law that amended the Federal Election Campaign Act of 1971, which regulates the financing of political campaigns. Its chief sponsors were Senators John McCain (R-AZ) and Russell Feingold (D-WI). The law became effective on 6 November 2002, and the new legal limits became effective on 1 January 2003."

His pubic financing is EVERYTHING to do with this. I think it is YOU that needs to do some more researching.

Posted by Joshua Mahon | April 18, 2008 5:34 PM