[EL] Coordination & colbert - (was "Illegal contributions" from Ami Bera's father)

[Smith, Brad]

By the way, as to the Colbert report, I believe that some of things that were suggested were legal were, in fact, illegal. The communications in this video (beginning at about the 4:30 mark), for example, http://www.cc.com/video-clips/3pwzi5/the-daily-show-with-jon-stewart-colbert-super-pac---not-coordinating-with-stephen-colbert, I believe I would have considered, both now and when I was at the FEC, to be illegal coordination. But different, skilled lawyers will be more or less cautious in advising their clients. And some clients are less likely to draw a complaint, so one can be more aggressive in one’s legal advice.

I guess what this illustrates is that the law on coordination is more complex and open to interpretation than some people think.

Bradley A. Smith
Josiah H. Blackmore II/Shirley M. Nault
  Professor of Law
Capital University Law School
303 East Broad Street
Columbus, OH 43215
(614) 236-6317
bsmith at law.capital.edu<mailto:bsmith at law.capital.edu>
http://www.law.capital.edu/faculty/bios/bsmith.asp

From: Gabriel Gopen [mailto:gabe.gopen at gmail.com]
Sent: Wednesday, May 11, 2016 10:29 AM
To: Smith, Brad
Cc: David A. Holtzman; Election Law
Subject: Re: [EL] "Illegal contributions" from Ami Bera's father

Mr. Smith, your link was on 527s.  (Could be evergreen, FEC criticized for failure to act).

Without getting into a discussion about the rule governing intergenerational transfers of wealth, does the FEC have authority to investigate parental gifts?  Who would even know to rip them of as happened here?

 I suppose I could have said Bera Sr. could have set up a single candidate super Pac ("citizens for Elk Grove" Ceg) and  a 501(c)(4) ("Elk Grove social club" EGSC).  Then he could give unlimited contributions to EGSC, solicit unlimited contributions from relatives abroad for EGSC and dump it all into CEg to run ads in support of his son.  I'd go on but Mr. Potter did this bit on Colbert already.


On May 11, 2016, at 9:57 AM, Smith, Brad <BSmith at law.capital.edu<mailto:BSmith at law.capital.edu>> wrote:
If, as suggested below, Bera gave his son gifts, and the son then spent his own money on the campaign, the FEC would still consider that an illegal contribution in the name of another. See e.g. http://articles.latimes.com/2003/jun/14/nation/na-fec14. Mr. Gopen's proposed solution might satisfy the tax man, but it would not satisfy the FEC.

Nor does this change the fact that if "supporting your own child's political ambitions is laudable," we really ought to question why it is illegal. Any other law Bera violated stems from that illegality when combined with his laudable goal. I doubt our democracy would be poorly served if the Constitution had been properly interpreted to protect Mr. Bera's right to support his son's campaign without restrictions on the amount.


Bradley A. Smith

Josiah H. Blackmore II/Shirley M. Nault

   Professor of Law

Capital University Law School

303 E. Broad St.

Columbus, OH 43215

614.236.6317

http://law.capital.edu/faculty/bios/bsmith.aspx

________________________________
From: law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu> [law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>] on behalf of Gabriel Gopen [gabe.gopen at gmail.com<mailto:gabe.gopen at gmail.com>]
Sent: Wednesday, May 11, 2016 9:35 AM
To: David A. Holtzman
Cc: Election Law
Subject: Re: [EL] "Illegal contributions" from Ami Bera's father
With the caveat that I did not see the original version of the article, Babual Bera's deceitful intent appears clear to me.  As a max donor, he knew precisely the legal limit he could give to his son.  He could also have given Ami cash gifts up to the limit of $14k ($28k if as a couple) per calendar year without a tax penalty. If he wanted to exceed that, he would have to pay the tax.  Instead, the senior Bera found 90 other individuals to give maximum contribution which he reimbursed.  To the public record, it looked as if candidate Bera had a wider array of supporters than he did.
I agree that supporting your own child's political ambitions is laudable.  But unfortunately the method Babual Bera used to provide support was criminal.

On May 11, 2016, at 12:05 AM, David A. Holtzman <David at HoltzmanLaw.com<mailto:David at holtzmanlaw.com>> wrote:
Thomas, you may have seen an earlier version of the article.  Note:
"UPDATES
 . . .
2:37 p.m.: This article was updated with a quote and additional information from the U.S. attorney."
Without that I might have been baffled too.
The illegality was money laundering and fraud.
  - dah


On 5/10/2016 7:05 PM, Thomas J. Cares wrote:
'I have, in fact, done the crime': Rep. Ami Bera's father admits illegal campaign contributions
http://lat.ms/1sbbYts

I really would have thought constitutional rights to self fund would include the right of a very close relative, like a parent, to fund a campaign without restrictions. This feels very wrong. I don't see why such a restriction would survive any scrutiny - a large contribution from a parent is highly unlikely to create any conflict of interest that wouldn't already be there by virtue of them being your parent (especially if they are the kind of parent who would have made a large contribution, but for a law prohibiting it - (a parent who has surely otherwise been a supportive figure to the candidate)).

I am incredibly baffled by the contents of that LA Times story.

Also, I think it's kind of great if a candidate is so lucky to have a parent to fund them (I was a candidate once, but don't have parents with those kinds of resources). Much better for society to have candidates funded by parents than candidates funded by executives whose companies have business before Congress, albeit in smaller aggregated amounts. (Baffled).

Tom Cares


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