[EL] "Exhibit A"

[Justin Levitt]

Actually, my message had more to do with the informative value of Mr. 
O'Keefe's videos than the substance of disclosure.

(For the record, I don't believe that there's any likelihood that the 
$10 million contribution to Crossroads comes from foreign sources.  But 
then again, I haven't seen much evidence that the conduct that so 
worries Mr. O'Keefe is actually happening, either.)

But on the substance, I had always thought that disclosure served two 
main purposes -- one, to enable enforcement of legal restrictions 
(and/or deter violations), and two, to provide incremental information 
to the public.  And while I consider myself fairly well informed on 
major issues, I don't pretend that incremental information wouldn't be 
helpful in some circumstances.  I might well evaluate a Crossroads ad on 
foreign policy differently if I knew that its major funder were the 
North Korean government.  I might well evaluate a Crossroads ad on tax 
policy differently if I knew that its major funder stood to personally 
gain (or lose) millions from the change advocated.   (And note -- my 
preferred model <http://electionlawblog.org/archives/017415.html> of 
public disclosure focuses on major funding only.)

Unless you believe that everyone already knows exactly what to make of 
Crossroads' arguments -- in which case, why spend so much making the 
arguments, other than a hope that sheer repetition will bludgeon 
disagreeing recipients into submission? -- yes, I think that the 
incremental information would be useful.  Isn't that part of why juries 
are presumptively entitled to know who witnesses are?

Justin

On 4/13/2012 3:05 PM, Steve Hoersting wrote:
> Yes, it is too bad, Justin.  For I presume you won't know what to make 
> or think of Crossroads' ads without this crucial information.
>
> Or, is the purpose of disclosure something else entirely?
>
> Steve Hoersting
>
> On Fri, Apr 13, 2012 at 5:21 PM, Justin Levitt <levittj at lls.edu 
> <mailto:levittj at lls.edu>> wrote:
>
>     I look forward to James O'Keefe's new hidden-camera video, showing
>     his shell corporation receiving its $10 million check from the
>     North Korean government, and writing its $10 million check to
>     Crossroads GPS.  He could even show a sinister hand walking just
>     up to the brink of depositing the envelope in the mail to Crossroads.
>
>     What was the phrase
>     <http://department-lists.uci.edu/pipermail/law-election/2012-April/003087.html>? 
>     "How simple, how hard to catch and how easy to prevent
>     <http://electionlawblog.org/archives/017415.html>."
>
>     Justin
>
>
>
>     On 4/13/2012 2:05 PM, Rick Hasen wrote:
>>
>>
>>         Exhibit A on Why We Need to Fix Campaign Finance Disclosure
>>         Law <http://electionlawblog.org/?p=32965>
>>
>>     Posted on April 13, 2012 2:04 pm
>>     <http://electionlawblog.org/?p=32965> by Rick Hasen
>>     <http://electionlawblog.org/?author=3>
>>
>>     Crossroads GPS gets an anonymous $10 million donation
>>     <http://www.washingtonpost.com/politics/mystery-donor-gives-10-million-to-crossroads-gps-group-to-run-anti-obama-ads/2012/04/13/gIQAzdtdFT_story.html>
>>     (possibly from a corporation) to run political ads.  Thanks to
>>     holes in our disclosure laws
>>     <http://electionlawblog.org/?p=32374>the identity may never be
>>     revealed to the public.
>>
>>     Share
>>     <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32965&title=Exhibit%20A%20on%20Why%20We%20Need%20to%20Fix%20Campaign%20Finance%20Disclosure%20Law&description=>
>>     Posted in campaign finance <http://electionlawblog.org/?cat=10> |
>>     Comments Off
>>
>
>     -- 
>     Justin Levitt
>     Associate Professor of Law
>     Loyola Law School | Los Angeles
>     919 Albany St.
>     Los Angeles, CA  90015
>     213-736-7417  <tel:213-736-7417>
>     justin.levitt at lls.edu  <mailto:justin.levitt at lls.edu>
>     ssrn.com/author=698321  <http://ssrn.com/author=698321>
>
>
>     _______________________________________________
>     Law-election mailing list
>     Law-election at department-lists.uci.edu
>     <mailto:Law-election at department-lists.uci.edu>
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>
>
>
>
> -- 
> Stephen M. Hoersting
>

-- 
Justin Levitt
Associate Professor of Law
Loyola Law School | Los Angeles
919 Albany St.
Los Angeles, CA  90015
213-736-7417
justin.levitt at lls.edu
ssrn.com/author=698321

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