FEC Complaint Filed Against Fred Thompson

Fred Thompson is breaking the law and it's time somebody did something about it. For far too long, he has been ignoring the letter and spirit of federal election law for his own political benefit. It reeks of the same disregard for the law that we have seen from the Bush Administration, Bob Ney, Duke Cunningham, Tom Delay, and Mark Foley.

By filing this complaint, posted below, the FEC can now proceed with action to right this injustice. According to FEC regulations, Thompson will have 15 days to respond to the complaint. Then, their lawyers will write an opinion on the basis of the complaint.

It is my contention that he has violated the 'testing the waters' exemption of election law. He has been presenting himself as a candidate for president, he has been raising large sums of money beyond what would be required to explore a possible candidacy, and he has signed a long term lease on a headquarters for his campaign. He has even spent advertising dollars, which are specifically prohibited by the law.

Up to this point, no one has taken the time to take action against this abuse. I hope that the FEC will act quickly on this issue. Failure to do so will contribute to further corruption of the American political process.

Text of Complaint:
August 20, 2007

Lane Hudson

Washington, DC

Office of General Counsel
Federal Election Commission
999 E Street, NW
Washington, DC 20463

Dear Counsel:

I write to file a complaint against the Fred Thompson for President Exploratory Committee for violation of Federal Election Law under the Commission's jurisdiction. It is clear that he has violated 11 CFR 100.72, the "testing the waters" provision of FEC law. Accordingly, his failure to file disclosure reports violates the law, and the Commission should demand full disclosure of Mr. Thompson's campaign fund raising and expenditures, as well as penalize Mr. Thompson for his willful violation of the law.

As I understand the law, a "testing the waters" fund is only legitimate for the purpose of helping an individual decide whether he should become a candidate. Once someone has decided to become a candidate, the exemption no longer applies, and 11 CFR 100.72 lists five factors to determine when that has taken place. On three of these factors, the examples are numerous that indicate that Mr. Thompson has gone far beyond the activities and speech allowable under the law. These examples do not come from personal knowledge, but rather from numerous accounts in the press, some being direct quotations from Mr. Thompson or his staff. Other facts reported are from public documents available on the internet.

A. 11 CFR 100.72(B)(2) -- "The individual raises funds in excess of what could reasonably be expected to be used for exploratory activities or undertakes activities designed to amass campaign funds that would be spent after he or she becomes a candidate."

On July 31, 2007, Matt Mosk of the Washington Post reported on their blog that Mr. Thompson had filed paperwork with the Internal Revenue Service indicating that he had raised a sum of $3,400,000 for his campaign committee. (http://blog.washingtonpost.com/the-trail/2007/07/31/the_noncandidates_fan_dance.html)

The Washington Post further reports that this same filing with the IRS indicated that $72,000 of this total was marked for use in the General Election. This is an egregious violation of the "testing the waters" clause, as it clearly indicates an intention for protracted campaign activity. In the same report, former FEC General Counsel, Larry Noble is quoted as saying "I think it's problematic. Clearly it's a red flag."

The report filed with the IRS shows the exact amount raised to be $3,463,355. It further shows expenditures in the amount of $625,743. Among the expenditures are further items worth the Commission's consideration. There were six expenditures totally $168,940 on internet services. This could fall under the advertising clause of the "testing the waters" exemption. Further, there is an expenditure in the amount of $21,142 for Media and $133 spent to Google AdWords, which is an internet advertising service. These all violate the paid advertising clause.

In addition, it is also worth noting that Mr. Thompson's campaign has disclosed that it has paid $88,789 in rent. That is a substantial sum and is another clear indicator that he is operating as a candidate. One further example is an expenditure of $25,322 on legal services. If Mr. Thompson were truly "testing the waters" then the legal needs of a true exploratory campaign would be minimal.

B. 11 CFR 100.72(B)(3) -- "makes or authorizes written or oral statements that refer to him or her as a candidate for a particular office."

In a June 26 report by the Associated Press (http://www.foxnews.com/story/0,2933,286820,00.html), Mr. Thompson is quoted as saying "You're either running or you're not running. I think the steps we've taken are pretty obvious."

In a June 4, 2007 interview with Susan Page of USA Today (http://www.usatoday.com/news/politics/2007-05-30-thompson_N.htm), Mr. Thompson was quoted as saying "I can't remember exactly the point that I said, 'I'm going to do this, But when I did, the thing that occurred to me: 'I'm going to tell people that I am thinking about it and see what kind of reaction I get to it.' "

In a July 12, 2007 report by the Washington Post (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/11/AR2007071102171.html), Thompson adviser Mary Matalin is quoted as saying "He has made up is mind" in reference to his decision about whether to be a candidate for President. As a spokesperson for the campaign, this serves as yet another indication of being beyond the allowable limits of current election law.

In an August 17, 2007 interview on CNN with John King, Mr. Thompson said, "We are going to be getting in if we get in, and of course, we are in the testing the waters phase," he said, adding, "we're going to be making a statement shortly that will cure all of that. But yeah, we'll be in traditionally when people get in this race" (emphasis added). This is the most recent and most blaring example of his intention of being candidate for President, in blatant violation of the 'testing the waters' exemption.

C. 11 CFR 100.72(B)(4) -- "conducts activities in close proximity to the election or over a protracted period of time."

In the July 2, 2007 edition of the Washington Post (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/01/AR2007070101238.html), it was reported that Mr. Thompson's campaign organization signed a long-term lease on a building that would serve as their national campaign headquarters. This is a blatant example of breaching the 'testing the waters' section. In that same article, Mr. Thompson is quoted as saying that he "doesn't have any big announcement tonight" and further says "I plan on seeing a whole lot more of you, how 'bout that?" This statement also violates the spirit of the law.

While these examples should provide ample reason for the Commission to act to find Mr. Thompson in violation of Federal Election Law, I would like to cite, as additional evidence, recent precedent from the Commission itself. In MUR 5365 (Rev. Al Sharpton for President Exploratory Committee), the General Counsel states on page 8 of his Report:

...The Commission's regulations look objectively to candidate's activities, not to the stage of an individual's subjective decision making process, in determining whether the "testing the waters" exemption applies....Once an individual becomes a candidate, equivocal statements of intent, or a future "official announcement" do not eradicate the registration and reporting requirements that have been triggered.

Based on this reasoning, the Commission found that Rev. Sharpton had violated the "testing the waters" exemption. By applying the same standard, there is no other conclusion that can be reached in this complaint against Mr. Thompson.

One last point worth mentioning, Mr. Thompson had approximately $2.8 million in his campaign account after the IRS filing. This fact also clearly indicates that he did not intend to use this money for 'exploring' a possible candidacy. Otherwise, it would have been spent on exploratory activities, especially given the documentation of his impending announcement of candidacy. In the Sharpton decision, the fine was a significant amount in comparison to the amount raised. I would urge the Commission to adhere to the same standards in administering its penalty to Mr. Thompson.

Respectfully,

Lane Hudson

Comments

[daniel155]

By the time Thompson gets done testing the waters the lake will be dry.

I think Thompson is just looking for a painless way to the nomination; a way to get it without having to fight for it. It is just not going to happen.

Regardless of what you think of the current crop of candidates, at least they are out in the trenches fighting for it. I think the window of opportunity is closing for Thompson and it is his own fault for trying to be too clever.

Too bad, it would have been nice to have those endless reruns of "Law and Order" off the air.

[cynicalmass]

Democrats are SCARED of Fred Thompson? Yeah, that has to be it. This clown can't even make a definite commitment to run, let alone commit to positions on the issues. He's as empty as the bottle of Mogen David next to a sleeping vagrant on a park bench. This guy is so old that I saw him riding a dinosaur. Oh wait, that was a golf cart he was riding around in because he's too old to walk by himself. Don't worry though, after his "campaign" bombs, he'll be able to put that tired craggy look to good use in a Hoveround commercial.

cynicalmass

[JimR]

"Democrats are SCARED of Fred Thompson? Yeah, that has to be it. This clown can't even make a definite commitment to run, let alone commit to positions on the issues. He's as empty as the bottle of Mogen David next to a sleeping vagrant on a park bench."

(b'dum bum)

"This guy is so old that I saw him riding a dinosaur."

(b'dum bum) (clap-clap)

"Oh wait, that was a golf cart he was riding around in because he's too old to walk by himself."

(b'dum bum TISH!)

"Don't worry though, after his "campaign" bombs, he'll be able to put that tired craggy look to good use in a Hoveround commercial."

(clap clap clap)

"Thank you, I'll be here all week. Try the veal."

[Vernondelray]

"And don't forget to tip your waitress."

[philistine]

The Repugnican'ts just want to get him elected. Then, they'll just replace him with an animated mannequin similar to the ones they make for the Hall of Presidents at Disney World. That's all that Repugnican't presidents need to be, after all; just active enough to parrot neocon talking points.

[TexasDem0]

Lane, this is NOTHING like the Al Sharpton case. Al Sharpton is a DEMOCRAT (strict enforcement of all rules) and Fred Thompson is a REPUBLICAN (full dispensation from all rules, directly from God, speaking through George Bush.)

[jimpryor99]

Hmm, we're nowhere near the election, and he's only reported raising just over 3 million bucks. Dems will go to no extreme to discredit this guy before he actually announces. What does that mean? THEY ARE SCARED.

[Vernondelray]

I'd sure as hell be scared of him if he won!!

[daniel155]

Three million is not an impressive figure considering the time that Thompson has been engaged in his quasi-candidacy.

[JimR]

Fred Thompson is not the only one who can be accused of skirting election laws. What about John Edwards? His Center for Promise and Opportunity was a thinly disguised presidential campaign. It may have been legal, but you can certainly raise questions about the ethics of it.

[RevMetheus]

yep, and thats not nearly as slimy as the CHARITIES DeLay and others were running as fronts for raising political money, so whats your point? At least Edwards is actually RUNNING!

[JimR]

He wasn't while he was collecting funds and giving speeches in places like Iowa and New Hampshire for the purposes of "combatting poverty."

[buddycor]

This is a perfect example of why campaign finance laws are not working. They are too techinical for the common person to follow. The technical violations hide the fact that people with money still control this country and its political process. Do I really care about the Thompson alleged violations? NOPE. Do I care that Soros is contributing millions to Hillary and Obama without limit on how much he can give because he gives it through 527's that take their orders from him? YES.

[yellowdogSC]

Anyone have an idea why it is that neocons NEVER provide links the their "so-called" sources?

Could it be 'cause THEY DON'T EXIST?

Yeah, I think it could.

[Vernondelray]

Thank you yellowdogSC!! Mr. buddycor, would it be too much to ask that you cite your proof? Any dunce can just make stuff up. I know you're not a dunce, right?

[Lane Hudson - Huffpost Blogger]

yellowdogSC: I'm from SC as well....good to see you on HuffPo

[RevMetheus]

source or work.

I see that all the time on other forums, yet people like buddycor dont provide sources for their claims. Therefore, they are works.

[MajorKong]

Aw shucks! Don't y'all know that Fred's just an ol' country lawyer who drives a red pickup truck?

[ParacleteofKavorka]

Wasn't he the guy who wore Gucci loafers to the state fair in Iowa?

[Dansden]

FRED THOMPSON- the 'savior to the rescue' for the RECALCITRANT PARTY....
now, there's a joke that all can enjoy!

[mscreant]

Lane....EXCELLENT! I have been meaning to do the same thing...now I have thanks to you! I kept forgetting to write one or remembering and putting it off but the guilt of reading your post motivated me - finally! - to actually send the letter.

Thank You

[MasterfullyInept]

This guys an empty suit.
The scary part is that seems to work rather well for the GOP.
Don't forget Good Ol Boy Freds part in Watergate, acting as a mole for the White House while working as minority counsel for the Senate Watergate Committee.

[LaC]

Mr. Lane, the contemptable coward you are in hiding behind the FCC to take cheap political digs at Fred Thompson are typical of the loosing political ilk you appeal to.

I just smile at this and beg you to keep on doing the things you are doing, because the day will come in God's retribution that the tides of battle will turn.
Your feminine attacks will someday cause stress to someone they have a heart attack, commit suicide or gum up the works so that someone gets hurt.....and then your liberal leaders you worship will cut you off at the knees abandoning you, Huffington will delete you, the MSM will fry you, your liberal blogger groupies here will attack you to CTA and then the Department of Justice will show up with a warrant for your arrest on a reckless homicide charge.

You think God isn't watching your smug little attacks in acting tough in hurting people. It will all come back someday and I believe you will cry about it as your type always does, but remember you started this, the US government is keeping records and it will all come around again in justice.

God bless you Mr. Lane.

[Spookcatcher]

The only reason fred Thompsons was considered was the hype and all the attention that was being given to Gore for so long. thompson is the put up stop gap by Dr Richard Land, past president of the Southern Baptist Convention, and Now , get this, the chair/president of the Southern Baptist Ethics arm of that Organization. Rand is a well documented Republican and Shadow agent that helped Rove orchestrate through the deception of millions of Christian members and their church money offerings, the smear tactics and hatemongering towards all Americans that voiced any opposition or opinions against Bush's election, and subsequently of the Administration. He was one of if not the first to float the Thompson possibility for President a year ago. It is all about Tennesse. They are the ones that sabotaged Gore from winning his home state in 2000! Thompson is a puppet in the same theatrical puppet shallow vain as Reagan, the additional danger would be who the shadows put in as his Cheney version of VP!

[joebaggadonuts]

For the record, his name is Mr. Lane Hudson, and he is a David challenging a Goliath with a sling shot equivalent. You are goading Goliath on, pretending God is on his side.

Get a grip, LaC. Take a few deep breaths.

Requesting that the law be enforced against a law breaker was once the province of good citizenry. According to you it is now the stuff of contemptible (feminine) cowards and their smug little attacks.

Now that you have calmed down, look in the mirror.

[philistine]

"...look in the mirror." - joebaggadonuts

He'd see a troll.

He takes up valuable blog space and distracts from the issues presented by the blogger. He also tries to goad readers into rash statements. Just flag and then ignore.

Cheers!

[dpiyjrtmfr]

Good for you Mr. Lane. Thompson either needs to get in or get out. Maybe this will encourage him. As for some of the above posts, well, some of you should really lay off the Jack Daniels before you read blogs. You might understand them more.

[RevMetheus]

"manners, learn manners" -LaC

seemed appropriate...

[Vernondelray]

Bad news, LaC,

God is watching you as well. Where in the Bible does Jesus resort to the childish name calling you routinely employ?

[jukesgrrl]

Thank you, Lane! What can we do to support your action?

[Lane Hudson - Huffpost Blogger]

Please stay tuned. We need to provide oversight to make sure the FEC stays on top of it and gives it a fair hearing. At the first indication otherwise, I'll let you know and ask that you join in action to pressure the FEC to fulfill their legal duties.

[snownobile]

And who controls the FEC ?
Good luck.

[roger3815]

Can't the Republicans find a good actor to be president for a change.

[zizyphus]

Good for you, Lane! Call him on it. He is trying to out-slime the others.