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

[queotic]

Obama never said he was definately taking public financing. He said that he would consider if it the Republican candidate agreed to take do it too. McCain already has opted out of public financing, so who is he to criticize?

And Obama is right - the GOP is the master of a broken system. While McCain would have pretended to take the high road by taking public financing, the 527's would have been assassinating Obama's character with distortions, half truths and outright lies.

[KBAR]

Despite Obama’s claim that outside groups allied with McCain will spend millions of dollars against him, few Republican-leaning groups have weighed into the presidential contest so far. In fact, Obama allies such as MoveOn.org are the ones have been spending money on advertising against McCain.

[gladys46]

Exactly who's fault is it that "few republican-leaning groups have weighed into the presidential contest so far." You should hardly blame that on Obama!!

Mc is the reason why repubs are holding their noses ... he's a very weak candidate! If republicans were pleased with their own candidate, surely Mc would have no say in this matter! After all most O supporters are just trying to hold up the middle by tiny little incremental donations .... ah, by the millions.

[Ides]

Other than the GOPs in Tennessee and Illinois that attacked Barack Obama long before Move On put out a single ad. Not to mention the fact that Karl Rove, an advisor on the McCain campaign, has recently become the head of Freedom Watch, the group responsible for the Swiftboat ads against John Kerry.

Now you're attacking Barack Obama for not being an utter idiot.

[rmetz74]

Republican groups hadn't gotten involved until now because they didn't know who they were running against. Can you underdstand?

[Bluesue]

McCain is all holier-than-thou but let's remember how McCain got into this. He ran out of money and opted into the federal system and pledged the matching funds as collateral for a loan.

After he got the loan and won New Hampshire he sent a letter to the DNC trying to opt out. He can't. He's stuck.

Brad Smith, the former Republican FEC commissioner noted, if McCain drops out of the system the FEC will subpoena McCain, and his staff during and their records to determine whether they violated the law. If they're found to be in violation of the law they can be fined up to $25,000 and they can be jailed for up to five years.

[grumpygranny66]

Moderator: why is my post removed? What bad word was in the post? I used the word B S in a sentence..­.. I have seen worst word used, and the comment is posted..

[kellygrrrl]

0bama will be financed by We the People

and We will be his "special interest"

where's the problem?

[cynicism101]

No, "we the people" is public financing.

Private financing is, well, something other than we the people.

[maddie0001]

So if I send $20 to Obama that's NOT public financing? Ain't I the 'public"?

[Davwbaird]

That makes repugs angry, because for them its not about we the people.

[DocThink]

I dunno 1.5 million people donating (so far) seems pretty public to me.

[Jeffer]

Of course the quote is correct. It would be political idiocy to hamstring himself in such a way.
I think the reason neocons are so PO'd with Obama is that he's not allowing them to use him as a punching bag. As opposed to our last two democratic candidates. Suddenly they're in a bad position, and now they want to change the rules.

[chicagojosh]

Not taking taxpayer money? I, and the over 1.5 million people who have donated to the Obama campaign, most certainly DO pay our taxes thank you very much.

I think we should all start making donations to the Obama campaign in $5.27 increments.

[ObserverinVancouver]

The "promise" to use taxpayer money was made in response to a questionnaire (as opposed to being legally binding in any way) and it had caveats attached to it regarding reaching agreement with the Republicans. If that agreement did not include dealling with activities of 527s and the DNC and RNC it would be useless. Has anyone noticed any stories about the Republicans proposing anything like that? Lynn Sweet of Chi. Sun-Times pointed out on Hardball that the RNC is awash in money (that it can use to attack Obama). Sen. McCain has already admitted he can't control the RNC and 527s. Sen. Obama is going to need every penny at his disposal to fight back. And, for years and years and years, the Republicans have had enormous fund raising advantages over the Democrats. It's the Democrats turn. Sen. McCain and the GOP sound as whiny as the media complaining that Sen. Obama stayed behind while they all flew to Chicago. Tee hee.

[NotMcCain]

If they both pledged to ONLY use the $85 million in taxpayer funds that would be different (i.e. McCain would do what Obama has already done and say "No" to 527s).

As long as 527s factor into it, with their unregulated money, lobbyists, and smear tactics, there IS no "public financing".

At least Obama has rejected 527 money and said he wants REAL public funding--from the ordinary people like me who have shown a candidate CAN be independent of both corporate AND taxpayer money and still run a great (and winning) campaign.

McCain doesn't have the guts to try the kind of campaign integrity Obama's funding demonstrates. He couldn't survive two months without his corporate fat cats and the dirty tactics of their 527s.

Obama/Clark '08

[KBAR]

It went down very simply. He's a politician. I'm a pastor. We speak to two different audiences. And he says what he has to say as a politician. I say what I have to say as a pastor. Those are two different worlds. I do what I do, he does what politicians do. So what happened in Philadelphia where he had to respond to the soundbites, he responded as a politician.

BOY! Was Wright right !

[MaeScott]

And your point is..? Of course he was right. He was right about a lot of things.
He's not the person you repugs would have us to believe... like the war in IRAQ for democracy and the GWOT....ye­ah right. Always about the oil. Lives lost ..

[Ignorancedestroys]

yes he was right, but your thoughts are wrong.

I think "NotMcCain" already explained things, and if you are smart enough you'll get it as i have found that you keep making stupid comments without having intelligent thoughts to offer.

You can go give your thoughts in politico, maybe they will appreciate it there.

[grumpygranny66]

KBAR: Your list of al the donation BO received, came from employee's. That what support's do..Now!!! post a list of all the donation's Grampa got from his lobbyist pals.

[cynicism101]

It's illegal for any candidate to attempt to influence a 527. As a legal scholar, Senator Obama 'should' know that. As I'm sure he's counting on you "not" knowing that.

[karela]

No law against making a strong statement via the news media that he doesn't want 527's. But the real kicker was that he told his supporters not to donate to them and we didn't, so they went away. Did anybody hear McCain taking any strong stands like that?

[sweetmoses]

I don't understand how NOT taking taxpayer money is a bad thing. Even if he said he was going to, that's one instance where it's ok to change your mind. McCain is just crying because he can't raise money like Obama. I'm gonna throw another $100 in the pot just cause that was the honorable thing to do.

[karela]

Me too.

[GolfingDevil05]

Yeah, this is one of those issues I find it hard to be worked up about either way. I do see a need for campaign finance reform, and there should be a way to make the financing be fair to all parties. But there's an argument to be made that Obama's campaign is a de facto publicy financed campaign, and that in a capitalist system, may the best product win. He has taken his case to the public, made donating to his campaign as easy as can be, and the public has responded in record-breaking numbers of donors and with record-breaking amounts of small contributions. The average contribution to his campaign is under $100, and they're not funded by taxes (except for those who turned their stimulus checks into donations).

There are good arguments on both sides of this issue, but I really don't see this as an issue that will stick for either candidate, frankly. I think with the larger issues of the economy, the wars, national security, health care, education.­.. this issue just looks so small in comparison to those things.

[djelimon]

When did he promise to take taxpayer money?

[rmetz74]

He didn't.

[bessie1]

" It would be nice if he decided he felt honor bound to stay within the system"
HONOR BOUND?

[neesy08]

I agree. McCain does not know how to organize his yeam to use the Net to advantage. This should help Obama in those Red States he wants to target. McCain may not have the financial ability to compete.

[Gmoney1]

You go Obama - don't let them steal the election like they stole it from Gore and don't let them swiftboat you like they did Kerry - McCain and his GOP thieves have a nerve to cry foul - yet they will depend on the 527 to spend millions to smear and put out racisits garbage - let the GOP and McCain take the taxpayer's money and use it in a racist manner and to try to steal the election - we will donate to Obama to uphold decency and fairness - McCain has a nerve with his buddy Senator Gramm who was and probably still tied up with those ENRON thieves - did anybody see the Olbermann show last night - it specifically and factually laid out how McCain and his band of thieves are and continue to want to steal the taxpayer's money - the media is frantic and are Obama crazy - they give McCain about 10 seconds in their shows and Obama is the subject for the rest - they can't get over the fact that Obama is not letting them determine who will be the next president - even that Chris Matthews can't figure out whether Obama is too black or too white - talk about confusion -

[biglover]

Honor Bound - like the republican party you mean???

[obamagramma]

Why should Obama apologize for NOT taking public taxpayer money ???

McCain is on election WELFARE and gaming the system with 527's.

I laugh that McCain's side is PUBLICIZING that Obama is doing private funding & McCain is on welfare !!!

[Bobleblah1]

Stop talking and take action.

CINDY SHEEHAN FOR CONGRESS

Support her with your money or your mind, either will do.
Do whatever is in your power to do, no action is too small, just take action.
$5 or $10 or just you being your creative self.

http://cindyforcongress.org/

[Chillinout]

Have you ever met Cindy Sheehan? Well I have and though her cause may be noble, she and the people she has around her are not.

[jfriday829]

I fail to see the big deal. Granted I don't know much about public financing, but it seems to me the bigger issue is whether he is being opportunistic or pragmatic. It seems to me that this is one of those issues where the people that are already for McCain will call it opportunistic and flip-flopping and the people already for Obama will say its pragmatic and a no-brainer. I don't know what the rest will say but I imagine they won't care much because, like me, they don't know or care what public financing is.

[sweetmoses]

Public financing comes from when you check that little box on your tax returns to donate $3 to the presidential race fund. But it also comes from whoever else wants to donate and they don't have limits like donations directly to the candidates. That means that big corporations (not that they are a bad thing) can put more money in with one donation than 1,000 individuals. Obama has decided not to take that pool of money, which it is his right to take, and instead take donations from individuals. The reason he didn't make that decision to begin with is I'm sure he didn't anticipate having 1.5 million donors to his campaign, and it's the norm for candidates to opt into that fund. It's basically like getting a federal grant and turning it down and raising the money on your own. He's saving the taxpayers millions of dollars in the process.

[MaeScott]

Not taking the handout...­raising the money from the ground up.