Obama Files F.E.C. Complaint Against Pro-Clinton "Swiftboat" Group

The Obama campaign has filed a Federal Election Commission complaint against the American Leadership Project (ALP), a "527" group that Obama campaign chief counsel Bob Bauer described this morning as a "Swiftboat wannabe" and suggested was affiliated with the Clinton campaign. The American Leadership Project, which reportedly is led by the son of one of Hillary Clinton's Indiana state co-chairs, has been running what the Obama campaign described in a press release as "a misleading attack ad against Obama" on Indiana television.

In a press conference call this morning, Bauer explained the difference between what he called "normal political committees," which are subject to limits on the amount and sources of campaign contributions and must regularly file reports with the Federal Election Commission, and so-called "527s," groups organized under Section 527 of the Internal Revenue Code and which are not subject to most election laws. According to Bauer, the FEC announced new rules in 2006 designed to reduce the impact of groups like the Swiftboat Veterans for Truth, which fatally damaged John Kerry's presidential hopes with widespread negative advertising impugning his military service. The new rules require any groups that are set up expressly to support or oppose a particular candidate, like the American Leadership Project, to follow the limits and reporting requirements of "normal political committees," Bauer said, calling the American Leadership Project's actions "flatly illegal" under federal law.

Bauer went on to explain that one of the campaign's main purposes in filing the FEC complaint was to send a message that 527 groups were not free to ignore the law as the campaigns head into the general election. He also took a swipe at the Federal Elections Commission, which has not been as proactive as many would like, suggesting that the complaint against the ALP would be a test of whether the FEC intends to enforce its rules. Asked by a reporter whether the FEC has the resources to investigate the complaint, Bauer said it did -- and that it had the ability to impose "very, very stiff penalties for knowing and willful violations" of federal law, citing "fines of millions of dollars" imposed by the FEC against other 527 groups in 2006. Bauer also pointed out that the FEC also has authority to refer complaints to the Department of Justice for investigation.

The question of whether the FEC will pursue its investigation aggressively is an important one, given how little time is left before the last primary elections. Bauer believes the ALP is deliberately flaunting the law, saying, "this organization has made the decision that it will run this risk and try to run out the clock ... to give it the advantage of spending without having to shut down before the last penny is spent." However, he suggested that even beginning an aggressive investigation would help mitigate that, suggesting that "[t]he FEC has a choice to make here ... of doing what they said they would do... immediately contacting the donors and the principals and bringing them in," which he said would itself be a significant deterrent.

Indiana State Representative Matt Pierce, an Obama supporter, also participated in the conference call. He talked about seeing an anti-Obama ad on local television yesterday that caught his attention because it ended by asking people to directly contact the Obama campaign to complain. He said that such ads were "poisoning" the election process; describing the high levels of public participation and excitement among Democrats this year, he added, "I think we lose that if we let these 527s run amok."

Visit the Author's home blog, VichyDems

Beverly Davis wrote on the ALP ad yesterday at RawStory and crossposted at HuffintonPost's OffTheBus. The video is posted at both sites.

Follow M.S. Bellows, Jr. on Twitter: www.twitter.com/msbellows

Comments

[wesinohio]

I'm proud of Obama and think he will be a transformational president. How could Hillary's polarization, aggression and disrespect, and McCain's relative incompetence, stupidity and love of war and rich people make our country better? They wouldn't.

[Danielle2]

While the Obama campaign presses its complaint about the union-backed American Leadership Project, Mr. Obama continues to receive more far support in the form of independent expenditures from unions and other groups than Mrs. Clinton. Since the primary began, outside groups have made $10 million in independent expenditures on behalf of Mr. Obama, compared with $5 million on behalf of Mrs. Clinton.

One union alone, the Service Employees International Union has spent nearly $9 million on Mr. Obama"s behalf, with ads on his behalf in key primary states, including Indiana, according to federal records. In addition, the union also has $25 million raised in its political action committee that can be used to promote his candidacy.

A new S.E.I.U. ad planned for Indiana says that Mr. Obama opposed the Iraq war from the beginning and says that money spent in Iraq could be used instead on American infrastructure. It ends with "Barack Obama puts America First."

http://thecaucus.blogs.nytimes.com/2008/04/30/obama-campaign-files-complaint-against-pro-clinton-group/#more-4982

[M.S. Bellows, Jr. - Huffpost Blogger]

Where does it say anywhere in the complaint or in the post above that Obama has a problem with unions, or that unions are behind the ALP? About half of the major unions (generally the older ones) are behind Clinton; the other half (including a breakaway AFL-CIO competitor with new ideas) are behind Obama. Pretending that Obama is somehow anti-union is a red herring.

[rjean]

i just love yoiu obammy sniffers...yeah he puts america first.......

just watch us get blown to bits if this big nothing gets in power.......

[butch350]

You are so immature - what are you a teeny bopper. Go play a video game or
something while the adults talk. OK!?

[Peteyman]

I just love you conservative trolls.... yeah McCain puts America first

Just watch the Middle East go down in flames with America following right behind it.

[Krikkit]

Spin all you want, Danielle. The laws are very clear. If a 527 advocates for a particular candidate or against a particular candidate, then they must comply with spending limits like everyone else. It DOESN'T MATTER who sets it up, whether it's a union or a bunch of rich croneys, the same laws apply. If they are breaking the law, they need to pay for it.

[sangsue]

I've noticed something about Clinton supporters. The ends always justify the means, As long as it's Hillary she can do everything she can to keep Obama out. She can lie, cheat steal and ruin a man's reputation. She can sleep with the RIGHT WING CONSPIRACY that she hated so much in the 90s.

Because the truth is, Hillary supporters believe that the ends always justify the means.

I'm not saying Obama is a saint.

But look real hard at who you're hitching your wagon to and hope that you never ever have anything she wants.

It will save you.,

[Testtubebaby]

The best thing you can say about Hillary is she doesn't care whose neck it is, if you are in her way she will stand on it.

[annawing]

She has no ideology, no vision, no morality, no consideration for others if the get in the way of her winning. I supported her at the beginning of the campaign season, but have come to these conclusions by the behavior she has displayed in the past several months. No wonder so many who were close to her have left and gone to Obama.

[Krikkit]

Bingo, Sangsue. That's why some of us are suspecting that Hillary never really gave up her GOP past...

[foreverleft]

For supporters or candidates on either side of the democratic divide to refer to the others as Swiftboaters, McCarthy-Like or Rovarians is truly disgraceful.

Hyperbole has achieved a level never before imagined.

Those that ultimately object by demonstrating their disgust in support of a third party candidate will be more than entitled.

Being a democrat, no matter who you support, has never been more shameful.

[M.S. Bellows, Jr. - Huffpost Blogger]

There's still no excuse for any Dem to vote for a third party candidate (didn't we learn from Nader?) or for McCain (didn't we learn from Bush?) -- our differences pale in comparison to our commonalities and the need to get a D in the Oval Office -- but I completely agree that we all need to tone down the hyperbole, and remember we're all fundamentally on the same side!

[stateMachine]

This wimp thing is an excellent way to frame the presidential candidacy- I'm sure Shrillary Crybaby Clinton could totally woop John severely-r­estricted-­range-of-m­otion-due-­to--five-y­ears-of-to­rture McCain in that context!

Way to think ahead, guys!

[musselmanm]

You know what? Senator Obama has almost unlimited money to spend. Many of these 527 groups may not have 40 or 50 million on hand for legal fee and such.
I think it is money well spent. A FREAKIN BRILLIANT WAY TO WASTE THEIR MONEY AND DRIVE THEM BROKE AND PERHAPS GET THEM FINES AND PENALTIES!
It just makes sense, If you have a brain to think about these things.

[M.S. Bellows, Jr. - Huffpost Blogger]

I think you're on the right track, but there's also a nuance. The main benefit of 527s is that they're exempt from most limits on campaign finance: individuals can give more than $2,300, corporations can give, and donors can remain anonymous. Many of Clinton's donors already have given $2,300, so she can't go back to the well any more. But those same people can give an unlimited amount to a 527. If 527s were free to support or attack candidates, and thus work as extensions of the campaigns, then the limits on contributions would be irrelevant. That's what ALP allegedly has done wrong: crossed the line by taking candidate-specific positions.

So the thrust of Obama's complaint is to make the organizers and donors behind ALP worry that they may be exposed to large fines, publicity, and other unpleasant things. If that fear is significant enough, the donations may dry up. In other words, the goal probably isn't to make them broke through fines, but to make their funding dry up through the threat of fines and of publicity.

And you're right: it's very clever, and probably effective.

[CatLadyforObama]

The only problems here is twofold:

First, the FEC is down 4 out of its 6 commissioners due to partisan bickering (both sides) that is holding up appointments. There isn't very much likelihood that that this will investigated in time due to sheer lack of manpower. The minimum number of commissioner needed to make any ruling is 4.

The second is, many see these tactics as worth the investment. What's a couple hundred thousand in fines compared to stalling a politician's career?

For example, the Swiftboaters who attacked Kerry were fined in the tens of thousands. The FEC does not have the authority to recall the election, and if they did the damage was already done. They may attack again this fall (not likely), but if they do this time they face prison sentences--federal offense to knowingly tamper with election, as they've been fined once. But, with a new organization, different officers, new name, same members, this activity continues.

What needs to be done is contact our senators and urge them to approve somebody as FEC commissioner! It's unthinkable that we are facing a GE without an able FEC body!

[elsylee]

Please check out "The Truth vs Barack Obama"

http://savagepolitics.com/?p=317

I saw this today, and HAD to share it with everyone. It is just a brilliantly researched and written list of inconsistencies with several of Obama's stories. I think it should be done for ALL three candidates, but I guess this is a good way to start at finally looking at the candidates with some honesty.

http://savagepolitics.com/?p=317

[MSaldana]

elsylee,

Wow! Holy smokes! "The Truth vs Barack Obama" is an eye-opener to say the very least! Reading this, one realizes that "Hope and Change" should be "Smoke and Haze." My goodness!

And, Elsylee, you're right -- it should be done for all three candidates. As a supporter of Senator Clinton, I have nothing to fear, ESPECIALLY in comparison to Barack Hussein Obama.

-MS

[lisakaz2]

Seen any sniper fire lately?

[M.S. Bellows, Jr. - Huffpost Blogger]

I'm curious: why do you call your candidate by her title, and the other candidate by all three of his names?

[vrunner]

LOL, nice un

[kyunschooler]

Yep, checked it out. What a load of bs. Just off the top of my head I could provide counterarguments to every one of the supposed problems listed. This flimsy list is an example of the poor results of
standardized schooling. People who fall for this stuff obviously haven't learned how to think or engage in dialectic dialogue.

[emmaspeaks]

I agree. Talking about Liar's. Hilllary hurled her back pack across the room after she heard about the death of Dr. Martin Luther King....there weren't back packs used then....how many lies can she tell...LOTS!!!!

[M.S. Bellows, Jr. - Huffpost Blogger]

For those who aren't sure whether they want to visit the link this commenter provides, here's a preview of its content:

"In your Divided House there exists a paper thin weakness, a figure behind a curtain, with feet of clay, living only for the hour because tomorrow may never come. The soft underbelly your Champion harbors in hopeful oblivion exists, I and many others, together, have seen it. There are just too few of us. We know what it fears, for we are ‘The Sword’. ... So as you can see, I can be many things but I cannot be controverted. I can weather opinions but am never changed by them."

If that sounds like clearheaded, fact-based reporting or analysis, feel free to click through. If it seems like nonsensical blather, you may want to take a pass.

[CatLadyforObama]

Thanks, I wish I had read your preview before I went there. I was like WTF???

[annawing]

Thanks for sparing us the trouble.

[doonie]

thanks M.S. Bellows, Jr., I was just gonna hit that button til I read your blog. You are quite on the ball dear!

[RoseFromPhila]

BRAVO, BRAVO......... GREAT READING......... AND THE TRUTH SHALL SET YOU FREE!!!!!

OBAMA'S MASK IS SLOWLY SLIPPING OFF!!!!!!

OBAMA'S A FRAUD!!!!!!

GO HILLARY!!!!!!!!!!

[conned]

Yea Democrats...Let's start bashing Obama for fighting against Swift Boat-style lies. Hillary sure knows how to bring out the ugly in people. I thought it was a Republican thing!

[ChiGuy]

All of the hypocritical HilLiar backers here calling Obama a wimp for complaining, know full well that if the roles were reversed, they'd be screaming bloody murder.
Deny it and expose yourself as a liar.

But they still don't have the fortitude to call Hillary on her myriad lies, like Bosnia and Magnaquench, as just two examples.
Lying to achieve a goal is apparently just fine with these upstanding citizens.

What a pack of disingenuous shills.

[stateMachine]

WAAA lewinsky-gate the death of substance in politics... wait Obama's winning? Death to substance in politics!

[Sketchartist]

It wasn't too long ago that the dumb little word "whine" had been generally forgotten, relegated to an archaic, shame-based past. If anyone thought of it at all, it was a term that was associated with the childhood taunting of stinky bullies and bony old church ladies wielding wooden paddles in the 1950's.

Thirty years later, a few prissy little Republican morons like Dan Quayle began to haul it out of mothballs.

Now, even some occasional Democrats expose their lack of vocabulary or any argument of their own by resorting to it, not being smart enough to have thought of the much more effective and time-tested "Nyah-nyah-nyah

[M.S. Bellows, Jr. - Huffpost Blogger]

On VichyDems, http://vichydems.blogspot.com, I was criticized by a commenter a while back for accusing Clinton of whining about something. The commenter said that it was misogynistic to accuse a woman of whining. That criticism probably was correct, and I like to stay on a higher level of discourse when I can -- but it was interesting to me how a couple of weeks later, "whining" became the Clinton camp's verb of choice to describe Obama's actions. I'd say what's good for the gander should be good for the goose.

[landmine]

Fact is: A rogue 527 not following the rules, but Obama IS using the rules to fight back.
That is a good sign for someone who might be the next President.

[Ginko]

oh PAH LEASE. Barack is SUCH a wimp. FIrst he legally blocked ALL of his opponents in his state senate race and then AGAIN in his US Senate race! Hillary is his FIRST opponent, he has run with NO opponent up until now. He used legal manueverings to do that, then used legal efforts to BLOCK the revote in FL and MI and now he is using legal manuevers to try to stop tv ads. The guy has NO BACKBONE. No wonder he hangs out with racists and thugs and thieves, he needs them for their testicular fortitude because he has none. His wife might, but he is a wuss. He will NEVER be President, it takes him a few days to just make a simple decision. I am positive if he answered the phone at 3am it would be several days before he could come up with a reaction.

[M.S. Bellows, Jr. - Huffpost Blogger]

Thank goodness CLINTON has people who AREN'T AFRAID to use their CAPS LOCK key! That kind of TOUGH typing GUARANTEES a McCain loss in NOVEMBER!

[k6007]

Translation: Lies are Good.

idiot.

[ChiGuy]

1.) Yes, his staff found gross irregularities in his opponent's petitions during his IL run. So now, being a stickler for and following the rules to the letter, he's vilified?? LOL!!
I get it...Obama obeys the law, points out when others don't, and HE'S the bad guy.
I think Hillary would be proud to know you.

Weak argument debunked.

2.) He didn't block anyone in his U.S. Senate race. Jack Ryan, his opponent was in the midst of a nasty divorce from actress Jeri Ryan and it came out that he (a Republican) had dragged her to sex exchange parties/clubs. He withdrew on his own, and the Republican Party shipped in the doltish Alan Keyes from Maryland to oppose Obama.
Obama spanked Keyes severely and senthim packing back to MD with his tail between his legs.

Weak LIE debunked.

3.) Hillary tried legal maneuvers to RENEGE on her agreement regarding FL and MI.
And you back a candidate that would so shamelessly go back on her word???

As to the rest of your post...Gutless lies and innuendo don't make for intelligent political discourse.

[MyThought]

Obama better toughen up - this makes him look like a wimp. Actually, he's looking more wimpy everyday - doesn't like to be distracted - ah poor baby.

What about his flyers - they are really misleading - he's one thing in front of the camera and another behind the scences - in other words, he's doing politics as usual.

I'm starting to turn off him.

[Ginko]

he IS a wimp, such a big baby it's impossible for him to show any backbone.

[M.S. Bellows, Jr. - Huffpost Blogger]

Your opponent appears to be breaking the law, you fight back to shut that operation down just as it starts instead of hoping it goes away the way Kerry did, and that's wimpy? I don't understand this line of argument. Fighting back isn't complaining. Complaining about someone fighting back is complaining.

[ChiGuy]

Such an intelligent point to discuss that, one hardly knows where to begin.

[ntmessage]

What a bunch of Whining. MoveCon and DailyCon are essentially the same types of groups and do the same to Clinton.

Obama, once again complaining about something he would also be guilty of.

[markusmarkus]

"Obama, once again complaining about something he would also be guilty of."
Ah, I see we have a mystic in our midst. A person of such nubile intelligence that he or she can foretell what someone will do or would have done in the future. Please tell me, o' wise one, what will happen to shares of Google today? Shall they be up or shall they be down?

You're a putz, troll. Go to redstate.com to be with your buds. And, you probalby drink Bud, too. If it's good enough for Cindy McSame, it must be good enuff for you. Yuck!

[M.S. Bellows, Jr. - Huffpost Blogger]

OK, OK, simmer down. Look, it's one thing to call someone a commie or a fascist or impugn their courage or question their sexual orientation or label them a whiner or a troll. We're all tough, we can take it. But there are some rules for civilized discourse, and it's not helpful for us to beat each other up with scurrilous ad hominem attacks as bad as this one. Specifically, no one on this site deserves to be accused of liking Budweiser!

[samandally]

This article doesn't prove anything it only suggests that they were involved.Oblahma is toast, just admit it.

[MissinAmerica]

Obama & his campaign staff are not "crying" nor "whining", they aren't taking the unlawful swiftboating tactics lying down, like Kerry did.

He's being a leader, not a wimp.

I'm so proud he's my candidate.

[jrterrier]

This wasn't swiftboating. it was a ad that quoted the AP, the Wall Street Journal and another legitimate news group. it wasn't an attack ad either. the obama camp needs to stop crying wolf when there is no wolf. because when he is finally and really swiftboated, people will have grown tired of his false claims and will not listen.

[nick1936]

Boy Oh Boy Charlie Black and Karl Rove are going to eat this guy alive he is such a wuss and cry baby we all might as well get use to singing hail to the Chief to a SENILE OLD MAN

[markusmarkus]

"This wasn't swiftboating. it was a ad that quoted the AP, the Wall Street Journal and another legitimate news group. " So the swiftboating of Kerry didn't take place in network or cable tv. Must have been that special swiftboating channel.

[FastMovingCloud]

If you think that the AP and the Wall Street Journal were not complicit (look it up) in the Swift-boating that was done to Kerry, you weren't paying attention. Obama is standing up for himself, as well he should. If he didn't, you'd call him a wimp for that, too.

[markusmarkus]

Me, too.

I can I shall I am Obama08

[MSaldana]

...Cue in "Kumbaya."

-MS