Complaint: Trump Campaign Violated Federal Law’s Soft Money Ban

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Today, Campaign Legal Center (CLC) filed a complaint with the Federal Election Commission (FEC) alleging that Donald Trump, his 2016 campaign committee, and the Donald J. Trump Foundation violated federal campaign finance law by soliciting and spending “soft money” funds in connection with his 2016 run for president. The complaint provides evidence and analysis in addition to the New York State Attorney General’s FEC referral on June 14.

Federal law prohibits candidates and their agents from soliciting and spending funds in connection with an election that don’t comply with federal contribution limits and reporting requirements. Yet Trump raised six- and-seven figure donations, some of them anonymous, and announced the fundraising haul at an Iowa campaign event just days before the Iowa nominating caucus, where the audience was told “it is imperative that you all get out and caucus for Donald J. Trump and vote for Donald J. Trump.” Trump and campaign officials then timed the distribution of funds to have the maximum impact on the Iowa election, handed out checks emblazoned with the Trump campaign slogan at official campaign events, and publicly mused about how the donations were helping Trump’s poll numbers.

“Trump and his campaign misused charitable resources to unlawfully influence his 2016 election,” said Brendan Fischer, director, federal reform at CLC. “Candidates can raise money for charity, they just can’t do it in connection with an election. The FEC should enforce the soft money ban.”

Judge Kavanaugh’s Views on Campaign Finance and Presidential Power Are Troubling for Democracy

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WASHINGTON – Today, President Trump nominated Brett Kavanaugh to be the next Associate Justice of the U.S. Supreme Court. Judge Kavanaugh has authored several notable opinions that raise concerns about his views on democracy issues, particularly related to campaign finance law and executive privilege.

“Judge Kavanaugh’s view on election law ignores the current reality of our campaign finance system, which is awash in secret, unaccountable money. Kavanaugh’s skepticism of reasonable limits on money in politics threatens the ability of federal, state and local governments to maintain laws that regulate campaign contributions and spending and require disclosure of where all the money is coming from. He seems to equate money with speech, which is troubling for our campaign finance system. It is important that Senators press Kavanaugh on his views.” – Tara Malloy, senior director, appellate litigation and strategy, Campaign Legal Center (CLC).

Additionally, Kavanaugh appears to take an expansive view of presidential power as it relates to legal oversight over misconduct by the President or his associates. He wrote in a Minnesota Law Review article that Presidents should be free from “time-consuming and distracting” lawsuits and investigations, which “ill serve the public interest.” He went on to say that Congress should consider a law exempting the President – while in office – from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel. 

“Judge Kavanaugh’s views raise concerns about how he would analyze congressional efforts to insulate President Trump from cooperating with the Mueller probe. The President is not above the law, and Senators must ensure that Kavanaugh would not allow Trump to escape from his duty to cooperate with the ongoing criminal investigation into his 2016 presidential campaign.” Tara Malloy, senior director, appellate litigation and strategy, Campaign Legal Center (CLC).

Walter Shaub Statement on Scott Pruitt Resignation Amidst Endless Ethics Scandals

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WASHINGTON – Today, after months of mounting ethics scandals, Scott Pruitt resigned as Administrator of the Environmental Protection Agency (EPA). Walter Shaub, senior director, ethics, at Campaign Legal Center (CLC) released the following statement:

“We are dismayed that Pruitt held onto his job for so long and what that says about the low bar for government ethics in the current administration. The American people deserve public servants with higher standards for ethics, not those who misuse their positions to seek personal rewards for themselves and their families.”

Issues

Citizens Protecting Michigan's Constitution v. Secretary of State

At a Glance

CLC supported a successful grassroots effort to put a ballot initiative on the ballot in Michigan that created an independent redistricting commission.

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About This Case/Action

A grassroots organization named Voters Not Politicians (VNP) has proposed a ballot initiative in Michigan that would create an independent redistricting commission. After VNP collected sufficient signatures and submitted their initiative to be put on the general election ballot in November, a group named Citizens Protecting Michigan’s Constitution (CPMC) sued. CPMC is attempting to knock the proposal off the ballot. This group asserts that voters should not be allowed to decide on this measure because creating an independent redistricting commission is too broad to be an “amendment” to the Michigan constitution and constitutes a “revision.” They also argue that there are not accepted measures of partisan fairness. CPMC has lost its case in the Michigan Court of Appeals and is now appealing to the Michigan Supreme Court.

CLC is submitting a friend-of-the-court brief in favor of VNP. We attempt to contextualize the proposal as a solution within the rising threat of gerrymandering. In previous rounds of redistricting, map drawers had to rely on pen, paper, and political intuition.

Gerrymandering is easier than ever before. Now, people intending to gerrymander electoral maps can use real time mapdrawing software loaded up with political data from previous elections and watch in real time as partisan outcomes change as they manipulate the map. This has resulted in the worst gerrymandering in history after the 2010 round of redistricting.

This problem is only likely to get worse. Computer speeds continue to increase. Computer programmers are creating new software that can automatically generate thousands of maps that follow prescribed law quickly and easily. Machine learning technology will soon allow computers to recreate these maps, making them progressively more biased, creating near-perfect gerrymanders.

There is a better way. Independent redistricting commissions take the political incentives out of redistricting. Laws can do one step better by asking - as the VNP proposal does - that these commissions check their work using accepted measures of partisan fairness. These measures, such as the efficiency gap, the mean-median difference, and partisan bias, are simple to compute and capture the degree of partisan fairness (or unfairness) in one number. They are accepted by political scientists, by courts, and are being implemented by ballot initiatives across the country.

Independent redistricting commissions using such measures to check their work are a sensible and democratic way out of the morass created by partisan actors and computer technology. These commissions take the power of redistricting out of the hands of partisan legislators, who have proven that they will use the process to gain power when given the opportunity to do so. They give the power to the citizens to choose their representatives.

The citizens of Michigan are well within their rights to ask that this method of redistricting be used in their state. If they are knocked off the ballot, Michigan voters may have no recourse to ensure they get a fair map during the coming round of redistricting.

Learn more about independent redistricting commissions.

Plaintiffs

Citizens Protecting Michigan's Constitution, Joseph Spyke, and Jeanne Daunt

Defendant

Secretary of State and Michigan Board of State Canvassers