The DISCLOSE Act would have mandated disclosure of most campaign spending. Having failed to achieve that through Congress, Chris Van Hollen is attempting to force the FEC to make certain rules to that effect through a lawsuit. This comes days after a leaked draft executive order which would also force disclosure on campaign spending by government contractors. In the lawsuit, Van Hollen and his allies try to use the Citizens United ruling to their benefit.
The lawsuit argues that concealing the identity of donors is contrary to the law and the court’s ruling.
Reformers point to the Supreme Court decision last year in Citizens United vs. Federal Election Commission. In ruling that these funds could legally go to independent groups, the majority opinion noted: “With the advent of the Internet, prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable.”
The lawsuit filed in federal district court in Washington challenges a FEC regulation adopted in 2007 as illegal because it conflicted with existing law. The suit argues that language in the Bipartisan Campaign Finance Reform Act, passed by Congress in 2002, required disclosure of donations of $1,000 or more if the donations were made for the purpose of furthering “electioneering communications.”
A separate rule-making petition filed by Van Hollen’s group asks the FEC to revise a regulation that “improperly allowed nonprofit groups to keep secret the donors” whose funds were being used to pay for so-called independent expenditures in federal elections.
Basically, the suit argues that the FEC illegally trampled on McCain-Feingold’s disclosure requirements in 2007, and seeks remedy through the courts.
Nothing moves that fast in the courts, so this may not get ruled in time for the 2012 election cycle. However, an executive order would have a more immediate force of law, and a court could rule for disclosure immediately while the case moved through the appeals process.
The Chamber of Commerce cried foul about the executive order on disclosure by government contractors, saying it could lead to political discrimination against companies who contribute to candidate counter to the government in power. It’s all conspiracy theories with these people. Also I wasn’t aware that government contractors had an inalienable right to contract with the government.
Van Hollen’s lawsuit would have an arguably wider consequence, because it seeks to unveil all secret campaign spending by business associations and nonprofit groups, not just that by government contractors. However, so many businesses get contracts with the government that the executive order could have a very big impact. But while the executive order aims for disclosure by the businesses themselves, the Van Hollen suit seeks disclosure by the secret groups created by those businesses for the purposes of funneling campaign contributions.
More here.




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Dday,
Sorry to go OT right away. Did you see the Taibbi post on Tom Miller and his sudden influx of out of state financial money since the 50 state “investigation began? There’s a link at Nakedcapitalism but have to run.
Ps. You’ve done a stellar job on this issue*g*. Thanks
Excellent. Van Hollen is good for something.
“However, an executive order …”
Are ye dreamin’ or hopin’, DDay?
We’re supposed to be “looking forward” not back, and the emperor’s raiment is, apparently, feeling more drafty despite assurances from the fashionable set that the trappings are magnificent and splendid beyond belief.
The big “O” will NOT enter this insignificant little “fray”, as it might, possibly, soil all the finery and would, in any case, en-grumperate the legacy class.
DW
More theatrics before an election.
If Obama and the Dems really cared so much, why didn’t anyone do this right after their campaign donor disclosure bill got nixed last year, eh?
I have little doubt this will quietly go down, if it ever goes anywhere at all.
Nice if that awful Citizens United ruling can be used for good, too.
dreeamin’ or hoppin’? it is eastertide after all. hey, is there mail delivery today? should be, right?
Yes, VJB, ‘twould.
However, it might be wise not to bet too much on that possibility, since it will only send the rats scurrying to do it “better” the next time the Robert’s Court is open for business … if the Court does not, itself, step in to quash any “misunderstandings” about the intent AND purpose of the law.
That being, quite simply and historically, to uphold the wealthy and powerful in their current status …
Quo.
DW
Damn! Does this mean that we might get to see how much foreign states spend in interest to our leaders? I bet Turkey and other places around the world, China, etc. might be proud of how much they spend to elect our leadership!
I intend to make it fair. If a corporation is a person, then I’m a corporation and can take all the tax incentives they do as well!
Righteous, brother, righteous!
However there will be a Friday Snooze Dumb … we may be certain of that, come hell, high water, or candy-bearing wabbits … you betcha.
;~DW
Yes, Good Friday is not a Federal holiday.
I’ll be checking the debt clock for that revenue spike.
: – )
I still hold to my stand on the wrongness of Citizens United with this thought:
I do not recall an entire corporation walking into a polling place, signing the voter roll book/registration book with a single signature that represents an individual with citizenship in the US and casting their individual vote.
I wondered if I should change my children’s names to General Electric and Exxon Corporation?
Thanks for the update DDay.
You prepared to stash yer “booty” offshore, PP?
You willing to entertain Congress “corporatiions”, wine ‘em, dine ‘em, and Big-time ‘em?
You willing to keep two sets of books and retain legions of lawyers?
You willin’ to “outsource” the future of yer brothers and sisters and their little children?
You willin’ to lie through yer teeth or pay someone else to do so?
You willin’ to screw the planet and the beings that live here?
In short, is you willin’ to be selfish, greedy, and arrogant?
Frankly, I don’t think ya got it in ya … but ya do have a point that all REAL, flesh and blood mortal human “persons” ought to embrace.
We’re real, after all, and “corporations” are, still, “fictitious persons” under the “law”.
It is too bad the judiciary fails to grasp that truth. It may bite them … hard … in the end.
DW
Wait: I thought the Chamber was all about promoting “small business” and the “free market?” Was I misinformed?
And speaking of the “free market,” Andy Roth, Club for Growth, Vice President of Government Affairs was on WJ this morning, doing the usual song-and-dance that “Club for Growth” types invariably do. Is it the Kool Aid or the paychecks? Or both?
And by the by, has Washington Journal become a bit more right-leaning in recent months, or am I missing something? Everytime I turn around, some idiot right-winger is yammering about something. Congressmen, think tankers, right-wing policy wonks, etc. Help me out, here…
I understand your point, but I think Peasant could be on to something.
You prepared to stash yer “booty” offshore,
Hell yes! Canadian banks don’t fail.
You willing to entertain Congress “corporatiions”, wine ‘em, dine ‘em, and Big-time ‘em?
Sure. Some of them may like fast food and DVDs. (They’re regular people. Just ask them.) I have a wide screen TV. They can watch the Stanley Cup playoffs.
You willing to keep two sets of books and retain legions of lawyers?
Yeah, but my book only has a page and a half.
You willin’ to “outsource” the future of yer brothers and sisters and their little children?
Their future has been outsourced already. I’m hoping to link them to it.
You willin’ to lie through yer teeth or pay someone else to do so?
To people who lie to me? I think that falls under self-defense.
You willin’ to screw the planet and the beings that live here?
No and at the moment even China seems to be more concerned about the environment that the U.S. Where could I outsource that would do worse than we are?
In short, is you willin’ to be selfish, greedy, and arrogant?
No, but I’m willing to resist and to protect my friends.
It is too bad the judiciary fails to grasp that truth. It may bite them … hard … in the end.
It’s biting us hard now.
obama’s reaction to this lawsuit will be like his reaction to the Bradley Manning question and song. He will say that the doj says that it is standard procedure and then get mad when anybody won’t take that for an answer. The court system will dither for a couple of years until they think that everyone has forgotten it, rule against the lawsuit and the scotus will not consider it. Two wings of the same corporate party: the extremely reactionary and the rabidly reactionary.
I like your reasoning and perspective, frmrirprsn.
Definitely.
Agreement, complete.
Just tweakin’ the tales … I yam.
;~DW
I understand completely. I’m doing the same.
has the same razzle dazzleness to it as those ‘open mic’ remarks of a week ago
who in the fuck is still being suckered by President Obarnum ?