Author Of McCain-Feingold: Obama Smart To Opt Out Of Public Funds

One of the principal authors of the most significant campaign finance legislation since Watergate said he was neither "outraged" nor "surprised" with Barack Obama's decision to forgo public funding in the general election.

Norm Ornstein, a fellow at the conservative American Enterprise Institute and substantial contributor to the Bipartisan Campaign Reform Act -- also known as the "McCain-Feingold" campaign finance legislation -- said on Thursday that Obama's move was "pragmatically the right decision to make," and that, if the Senator had not chosen that path, "I would have sued him for political malpractice."

"What I told a bunch of people a few weeks ago," said Ornstein, "is that while it would be nice if he decided he felt honor bound to stay within the system and take the money, if he did so I might join a group of people who sued him for political malpractice. When you have the ability to raise the kind of money that he could raise and do it without selling your soul to spend all the time between now and the election on fundraisers, your goal is to win an election and not turn your back on the people voting. There will be outraged editorials and McCain will be justifiably pissed. But it was pragmatically the right decision for him to make."

Orstein told The Huffington Post that he had advised the Obama campaign about the issue of public finance a "long time ago" but not as the decision approached. "I don't think it was a slam dunk decision six months ago, in part because people didn't have any idea what kind of reach he could have, how many people he could bring into his camp."

In defending Obama, Orstein became the sole author of McCain-Feingold to offer sympathy for a position that, at least in the spirit, goes against the purpose of the campaign finance legislation. McCain, unsurprisingly, called Obama's pronouncement "a big deal."

"He has completely reversed himself and gone back, not on his word to me, but the commitment he made to the American people," said the Senator.

While Feingold, a stalwart champion of public funds, expressed a slightly less outraged sense of disappointment.

"This is not a good decision," said the Wisconsin Democrat. "While the current public financing system for the presidential primaries is broken, the system for the general election is not. The entire system must be updated."

Comments

[scottysbeam]

If McCain had 200M he would have opted out of public financing. I honestly would have held Obama more accountable for this if McCain had not reversed almost every position he has had in order to win more votes..... Jerry Falwell and the agents of intolerance, oil drilling, tax cuts to the wealthy, Guantanamo, vows to his first wife. I am positive that if the shoe were reversed McCain would opt out as well.

After all, he's already broken one solemn pledge in order to gain Cindy McCain and her 200M. Obama pretty much did the same thing minus the abandonment of the disabled wife and kids.

[donballz]

Why would McW's pissed-ness be "justified"? He is a freaking campaign finance felon! Of course BO opted out!

[CalGoldenBear]

And HuffPo has had an article in recent days that Sen. McCain has been using the Hensley Co.'s jet without paying for it. (Interestingly, the article seems to have originated with the Repub-leaning Wall Street Journal).

Isn't that an unreported "contribution" and in violation of applicable federal law? Isn't that the same kind of shenanigans done by influence-peddler Jack Abramoff?

[kay]

McCain is going to have to declare the jet. It's a donation.

Cindy McCain actually did a walk-back this morning. Stonewalling was stupid.

[Susanfrom29]

I think that was his wife making campaign appearances while using her corporate jet. Her flight expenses should have been paid by the campaign.

Apparently the loophole he authored in the campaign finance reform bill that allows him to fly on a family owned corporate jet isn't big enough to allow for his wife to do the same. Another good reason for him to return to the Senate - so he can fix that!

[RRonin]

I'm gonna send Obama a few bucks right now!

[ebanks84]

Me too!

[Mij13]

Good idea. So will I!

[Davwbaird]

I did this morning, now I'm broke.

[apoyo]

Whether he wins or loses he will be "owned" by no one. He answers to the people.

[KBAR]

Except maybe these folks:

1
Goldman Sachs- global banking
$535,928

2
JP Morgan Chase & Co- global banking
$334,737

3
Kirkland & Ellis -law firm
$304,264

4
Exelon Corp-the nations largest energy company
$298,511

5
UBS AG- nations largest wealth management company
$296,780

6
University of Chicago
$293,481

7
Lehman Brothers- global banking
$286,147

8
Skadden, Arps et al -2000 attorneys
$282,591

9
Sidley Austin LLP- attorney office
$280,657

10
Citigroup Inc
$267,986

11
Harvard University
$263,541

12
University of California
$246,944

13
National Amusements Inc-Media mogul Sumner Redstone who basically controls all movie releases to the USA
$234,000

14
Jenner & Block-law firm
$213,907

15
Jones Day-2300 lawyers around the world
$213,825

16
Morgan Stanley
$213,026

17
Google Inc
$198,808

18
Mayer Brown-largest law firms in the world with more than 1400 lawyers in seven US and six European cities.
$179,733

19
Citadel Investment Group- $16.5 billion hedge fund based in Chicago
$173,950

20
Credit Suisse Group-international financial services group
$172,000

[ebanks84]

People who worked for those companies gave money to Obama is that what you are trying to say? So what! They have that right you know.

[maddie0001]

where'd you get this list? I want to look at McCain's list.

[donballz]

BO has raised $250M!!! your top line item is two tenths of one percent of that. Get over it.

[rmetz74]

You know, I hope, that these figures (if they're real, since you provide no source) represent totals donated by individual employees, right?

[Susanfrom29]

Not only are these totals from individuals within each entity, not one of whom contributed more than $2300, but the suggestion that he could be bought for a paltry half a million dollars is laughable.

There were some donors offering more than that for a superdelegate vote in the primary!

BTW, I didn't see my name on your list, or the other one million four hundred ninety nine thousand, nine hundred and ninety nine contributors who own part of this campaign.

[KBAR]

The Washington Post: "When it was in Mr. Obama's interest to present himself as the ethical savior of an imperiled campaign finance system, he was happy to do so, especially since it didn't seem especially likely at the time that he'd be the nominee. But the real test of a candidate is whether he will stick by an announced principle even when that's against his own interest. Now Mr. Obama could become the first nominee since Watergate to run a campaign fueled entirely by private money." (Editorial, "A Lapsed Principle," The Washington Post, 3/14/08)

[gladys46]

So!

[ebanks84]

Did McCain keep his word? http://www.youtube.com/watch?v=GEtZlR3zp4c

[gladys46]

Did you check whether or not any of those contributors are WASHINGTON LOBBYIST!!?

[KBAR]

Item: Many lobbyists advise the Obama campaign presumably on matters that they will continue to lobby about it Obama is president.

Item: Former lobbyists can contribute to Obama; they can bundle; can host fundraisers; plenty of state government lobbyists have contributed.

Item: Senior Obama campaign officials, like Steve Hilderband, worked as lobbyists before joining the Obama campaign. Hildebrand, ironically, lobbyied on behalf of the McCain-Lieberman cap-and-trade bill. Many other officials lobbied on behalf of labor unions (field director Buffy Wicks) and corporations (Delegate counter extraordinaire Jeff Berman.)

Item: the McCain campaign's new conflicts policy is as strict as -- or more strict than -- the Obama campaign's.

[KBAR]

State and local lobbyists are OK. In January, former South Carolina Gov. Jim Hodges became Obama’s national co-chair, despite having founded the state-based lobbying firm Hodges Consulting Group in 2003. Likewise, his New Hampshire co-chair is a state lobbyist for the pharmaceutical and financial services industries. Taking money and services from state lobbyists is fair game, Obama says, because he doesn’t have any influence on the state level. But that didn’t stop him from criticizing John Edwards in January when it was revealed that a contributor of his was a state lobbyist. So when you hear the candidates talk about rejecting “Washington lobbyists,” remember that “Washington” is a qualifier.

[Jahmekyah]

I'm sorry...I must be a little out of the loop but: Why is there "outrage" and why are these politicians "flabbergasted" that a presidential nominee has decided to finance his campaign through donations from his voters instead of lobbyists and corporations? Isnt that, I dunno, a GOOD thing? Aren't you kind of missing the bigger picture here? Instead of taking 85 mil of collected taxes, he's collecting the taxes himself. That's smart, that's democracy. If the public is as outraged as John McCain, they wouldn't have given him $250 million. Get over it!!!!!!!!!!!!!

[Freesia2]

Thank you. That's it on the button. And no, I for one don't think you're out of the loop. Obama is just dealing handily with a man who found a way to plant useful loopholes in the campaign finance reform he prides himself on passing into law (and pitifuly tried to get out of actually, but couldn't get the people he needed seated to release him. Talk about ironic loopholes. He must want to smack Barack just about now. ) Of course now McCain will be applauding his 527s (one of those free money loopholes) for making commercialized hay out of Obama's refusal to play along with the hypocrisy.

McCain chose....well he chose to pretend he was for reform while pre-booking free flights on his wife's jet (how much do you suppose those air miles are worth in cold cash?) and will let his 527s spend millions and millions of their non-"public finance money" on his behalf while he talks about reform. A lot.

But I've no doubt Obama knows that, just as he knows he's taking a gamble here. He could just take the public finance money in one lump sump, or he can wager on the support of the citizens. It's a risk and a calculated decision. He made a choice. He chose us. I'm proud of him.

I just think Obama knows what he's dealing with. He dealt with it. I think I'd like to vote for a guy like that. :-)

[Susanfrom29]

Yeah, isn't it great? We finally have a truly publicly financed candidate.

[Mij13]

Sounds good to me too. KBAR's world is changing, and he doesn't like it. Small donors are more important than outdated laws.

[Maverick80229]

McCain's campaign is supported by the millions of dollars contributed by narrow-minded, self-interested lobbyists who only want to 'get theirs' while the getting is good.

Obama's campaign is supported by the millions of dollars contributed by millions of Amercians who only want to get their country back.

[hudsuckerproxy]

A pragmatic move that will give Obama a big advantage over McCain. I think I can live with that.

[chf2go]

Bravo! Finally a politican who is willing to answer to the people and not to special interests. The people will give each candidate the money they deserve. Today for the first time I donated some money to the Obama campaign. I was waiting for the moment when he truly made good on turning the page and this was it. Thank you!

[ebanks84]

Yesiree, finally, a candidate for the people. I love it!

[enoughalready13]

You are so ignorant.

He is giving up the public financing because he can get even MORE money from you independently, more than you would have contributed for public funds.

He is having record number of "high net worth individual" private fundraisers - $28,000 per person dinners - one per evening. That doesn't sound so "of the people" to me.

Even better, he helped INTRODUCE the public financing bill in the Senate! And in the Illinois Senate. Now he's saying it's a broken system. If this is a prelude to what is in store for us, we are in trouble for a liar and incompetent leader.

[donballz]

You mean the MCCAIN-feingold bill? The one that McSame is violation of when he got a loan with public matching as colateral and then opted out without permission? Interesting.

[CalGoldenBear]

McCain-Feingold or more formally the Bipartisan Campaign Reform Act of 2002 was enacted on March 27, 2002. That was BEFORE Barack Obama was elected to the U.S. Senate.

(FYI, he was elected in November, 2004 and sworn in on January 4, 2005).

As for "incompetent" John McCain has said he doesn't know much about economics (at a time of a weakening economy and soaring gas prices) and doesn't know how to use a computer. (Presumably, he also doesn't know how to use a Blackberry as well, unlike most of his congressional colleagues and their staffers).

[Yuma]

You are smart person.

[cynicism101]

A different kind of candidate, eh? Change we can believe in, eh?

Let's see. Senator Obama signs a pledge saying he'll accept public funds if the Republican candidate agrees to the same terms. When Senator McCain has agreed.

Now, after all the Obamasiah disciples ranted about how important pledges are when it comes to the voters in Michigan and Florida, the anointed Senator Obama backs out his pledge giving the reason that "the system is broke."

Well gee Mr Senator, it's the same damn system that was in place when you made that agreement. It was just as broken than as it is now.

You see Mr Obama, if you want to tell me you offer something I can believe in, well, you have to earn my trust. Backing out of a pledge or oath, or the like ... well, that's a pretty substantial violation of any trust.

No sir, you are nothing we can believe in!

[gladys46]

Have your candidate pay back that loan he borrowed to finance his bankrupt campaign! Swiss accounts may be available!

But, paying bills is not what Mc's does ... ah, reportedly!

[ebanks84]

And McCain is better are you saying? http://www.youtube.com/watch?v=GEtZlR3zp4c

[karela]

ebanks84: Thanks for the you tube link. Everybody else, just go check out the link above. It will save a lot of discussion.

[enoughalready13]

AMEN! POLITICS AS USUAL - SHAMELESS LIARS!

[donballz]

Charges are currently being filed because your candidate is a campaign finance felon. Violating the bill he sponsored. "Thats not change we can believe in." Troll.

[kate123]

So then, I guess you couldn't believe in Hi -- lar- ry either. Because she did pledge that Florida and Michigan wouldn't count. And now, they do. At least for half. She made a pledge and when it wasn't politically expedient to keep that pledge, she broke it. It's politics. You take whatever advantage you can get to win. Otherwise, what's the point of running if you're just going to hand the election to your opponent?

O -- ba - ma has a huge advantage now and as a Democrat who doesn't want to see a Repub in the White House, I congratulate him for making the right decision. He has a good reason to break his promise (although, I don't agree that it was a firm promise). And there are very few of us who haven't broken a promise or two for a very good reason. I didn't give O $250 of my hard-earned money to watch him throw away the general to M and his 527 attack dogs.

Go O!

[cynicism101]

Kate123 -

No, I could never be accused of believing, or believing in Senator Rodham.

My point was to illuminate the duplicity of the Obamasiah and his disciples. When she was trying to seat the Michigan and Florida delegates, Obamanation was up in arms over the sanctity of an agreement. However, when Obama himself breaks an agreement - aw, hell, all's fair in politics.

Sure, as a politician he has a great reason to do so. I agree with it on a strategic and tactical level - if the only goal is to be named president. In this case, I thought that "words mattered", and that he wasn't a typical Washington politician, and that he was "change we could believe in."

No, not for 1 second did I believe any of his platitudes. This is just one more point of vindication for my intuition.

[XME]

I'm 38 years old, and until this year, and had never contributed to a political campaign in my life. I have this year because I absolutely believe that Senator Obama offers qualities in an candiate that we haven't had in decades and that we strongly need in our next president. Given his opponent is McCain, who very much concerns me, I feel he must win, and given how many people have contributed to his campaign, obviously a lot of other people feel the same way. So I would have been quite upset had he taken public financing. Give the money the GOP has to spend against him, AND all the 527s that will be extremely vicious, he needs every penny he can get to fight the smears. Clearly his supporters are willing to help him financially to make sure he is able to fight the way he needs to. We are depending on him to keep the Bush clone out of the White House, and if we are willing to finance his campaign to do that, I see no reason why he should turn down our offer to help him win, especially when doing so could cost him the election.

[ebanks84]

Absolutely correct. I never once check that box on my tax forms either because I didn't know who would really get my money. This way, I know for sure.

[bessie1]

Definition of hypocrite:

1 : a person who puts on a false appearance of virtue or religion
2 : a person who acts in contradiction to his or her stated beliefs or feelings

[KBAR]

In response to a questionnaire in November from the Midwest Democracy Network, which is made up of nonpartisan government oversight groups, Obama said: “Senator John McCain has already pledged to accept this fundraising pledge. If I am the Democratic nominee, I will aggressively pursue an agreement with the Republican nominee to preserve a publicly financed general election.”

While presidential candidates have rejected public financing in primaries, no major party candidate has bypassed the system in the general election.

[Ides]

Barack Obama and McCain's lawyers met together in order to remove the influence of 527's, an aggressive pursuit of an agreement. John McCain's lawyers refused to commit, so Barack Obama decided to fight the smears by staying out of public financing.

Karl Rove has recently been placed as the head of Freedom Watch, the 527 responsible for the Swiftboat campaign against John Kerry.

John McCain has no choice but to go into public financing because he used taxpayer money in order to get a loan back in 2007 to salvage his campaign.

It is ignorant to pretend that John McCain is the ignorant victim of Barack Obama's hypocrisy. Barack Obama is not a hypocrite, John McCain refuses to enter into a fair agreement.

[Ides]

BTW, Karl Rove is not only the head of a 527 but an advisor to the McCain campaign.

[gladys46]

"...I will aggressively pursue an agreement with the Republican nominee to preserve a publicly financed general election."

He did! Aggressively pursuing does not translate into "I will spite my own ability to raise funding for my successful bid for the presidency of the US of A!"

[Susanfrom29]

Which is what makes this a different kind of candidacy.

Also, he was unable to achieve that agreement with his Republican opponent to preserve a publicly funded general election because his opponent refuses to even attempt to control the unlimited fundraising and hate mongering of his 527 groups.

[rinpochet]

You don't think McCain would have done exactly the same thing, with the same explanations if he was capable of raising the kind of money that Obama can?

I would have had no respect for Obama's political toughness if he had accepted public financing. Glad that he confirmed my belief that he is no-one's fool.

[biglover]

Actually those definitions describe the republican party. Apparently Bessie didn't read the article because if it had, you would not have posted such a lame response

[bessie1]

Wrong! It describes Obama perfectly - regarding religion and stated beliefs.

[ebanks84]

Sounds just like McCain to me: therealmccain.com/n.com/

[gladys46]

Obama just keeps wacking Mc! It's becoming amusing to watch this process unfold! Mc is just not smart ... his handlers are just not smart ... anyway, I thought repugs had more $$$ than is minted!

Why should O accept federally mandated public funding, no one has said how that "benefits" him!?

A wise man does change his mind ... when it is "WISE" to do so! So much for Mc flippn' & floppn' all over the place for various and sundry reasons ... this one Mc just didn't see coming soon enough!

[ebanks84]

They do. But if they're not using it correctly, what does it matter? Maybe they need Obama's finance director to school them a bit hehehehehehe...........

[aristippe]

See, he's just another politician. He blames public finance because it's convenient for him to do so, he's got the money.

[KBAR]

Wright was right!

[ErnestineBass]

OH, BOY, will that statement will come back to haunt you, DULLKNIFE!!! LOL

[rinpochet]

A SUPER-smart politician!! Great move. Now he can run anywhere he wants and bankrupt the McCain campaign.

[kay]

I'd have to stop donating if he did anything as stupid as ceding his advantage to John McCain.

[gladys46]

Hear, hear!

[MaeScott]

you know that right. Why turn down a clear advantage?

GMAB

[DShawn233]

I'll "fist bump" to that . ==))((==

[Maverick80229]

I like that 'fist bump'!!

==))((== back atcha!! :-)

[kellygrrrl]

OK. I'm gonna have to "borrow" that!!!!!

[memi69]

Sen. Feingold, with all due respect, how could Obama win if he was limited to $84 million to spend on the campaign? That would last about two months with three months to go. Obama had to look at this situation practically and realized that there is no way that would be enough to counter McCain into the Fall.

It's sad to see that Obama couldn't agree to this because $84 million is a lot of money. Especially when you consider how much the president is paid per year ($450,000). Granted there are a lot of perks, but still...

spending limit: http://www.fec.gov/pages/brochures/pubfund_limits_2008.shtml
campaign finance: http://en.wikipedia.org/wiki/Campaign_finance